Text: SF00546 Text: SF00548 Text: SF00500 - SF00599 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 35.1 DEFINITIONS. 1 2 As used in this chapter and chapters 35A through 35D: 1 3 1. "Commission" means the commission of veterans affairs 1 4 created in section 35A.2. 1 5 2. "Veteran" means a resident of this state who served in 1 6 the armed forces of the United States and who was discharged 1 7 under honorable conditions. "Veteran" includes the following 1 8 persons: 1 9 a. Former members of the reserve forces of the United 1 10 States who served at least twenty years in the reserve forces 1 11 after January 28, 1973, and who were discharged under 1 12 honorable conditions. However, a member of the reserve forces 1 13 of the United States who completed a minimum aggregate of 1 14 ninety days of active federal service, other than training, 1 15 and was discharged under honorable conditions, or was retired 1 16 under Title X of the United States Code shall be included as a 1 17 veteran. 1 18 b. Former members of the Iowa national guard who served at 1 19 least twenty years in the Iowa national guard after January 1 20 28, 1973, and who were discharged under honorable conditions. 1 21 However, a member of the Iowa national guard who was activated 1 22 for federal duty, other than training, for a minimum aggregate 1 23 of ninety days, and was discharged under honorable conditions 1 24 or was retired under Title X of the United States Code shall 1 25 be included as a veteran. 1 26 c. Former members of the active, oceangoing merchant 1 27 marines who served during World War II at any time between 1 28 December 7, 1941, and December 31, 1946, both dates inclusive, 1 29 who were discharged under honorable conditions. 1 30 d. Former members of the women's air force service pilots 1 31 and other persons who have been conferred veterans status 1 32 based on their civilian duties during World War II in 1 33 accordance with federal Pub. L. No. 95-202, 38 U.S.C. } 106. 1 34 Sec. 2. Section 35.8, Code 1997, is amended to read as 1 35 follows: 2 1 35.8 MONEY COMPRISING FUND. 2 2 A war orphans educational aid fund is created as a separate 2 3 fund in the state treasury under the control of the commission 2 4 of veterans affairs. Any moneyhereafterappropriated for the 2 5 purpose of aiding in the education of orphaned children of 2 6honorably discharged persons who served in the military or2 7naval forces of the United States in World War I or World War2 8IIveterans, asprovided by this chapterdefined in section 2 9 35.1, shall beknown asdeposited in the war orphans 2 10 educational aid fund. 2 11 Sec. 3. Section 35.9, unnumbered paragraph 1, Code 1997, 2 12 is amended to read as follows: 2 13 The commission of veterans affairs may expend not more than 2 14 six hundred dollars per year for any one child who has lived 2 15 in the state of Iowa for two years preceding application for 2 16 aid, and who is the child of a person who diedduring World2 17War I between the dates of April 6, 1917, and June 2, 1921, or2 18during World War II between the dates of September 16, 1940,2 19and December 31, 1946, both dates inclusive, or the Korean2 20Conflict between June 25, 1950, and January 31, 1955, both2 21dates inclusive, or the Vietnam Conflict between August 5,2 221964, and May 7, 1975, both dates inclusive, or the Persian2 23Gulf Conflict at any time between August 2, 1990, and the date2 24the president or the Congress of the United States declares a2 25permanent cessation of hostilities, both dates inclusive,2 26while serving in theduring active federal militaryor naval2 27forcesservice while serving in the armed forces or during 2 28 active federal military service in the Iowa national guard or 2 29 other military component of the United States,to include2 30members of the reserve components performing service or duties2 31required or authorized under chapter 39, United States Code2 32and Title 32, United States Code, sections 502 through 505,2 33and active state service required or authorized under chapter2 3429A, or as a result of such service,to defray the expenses of 2 35 tuition, matriculation, laboratory and similar fees, books and 3 1 supplies, board, lodging, and any other reasonably necessary 3 2 expense forsuchthe child or children incident to attendance 3 3 in this state at an educational or training institution of 3 4 college grade, or in a business or vocational training school 3 5 with standards approved by the commission of veterans affairs. 3 6However, if Congress enacts a date different from August 2,3 71990, as the beginning of the Persian Gulf Conflict for3 8purposes of determining whether a veteran is entitled to3 9receive military benefits as a veteran of the Persian Gulf3 10Conflict, that date shall be substituted for August 2, 1990.3 11 Sec. 4. Section 35A.8, Code 1997, is amended by adding the 3 12 following new subsection: 3 13 NEW SUBSECTION. 4. a. The executive director shall 3 14 provide for the administration of the bonus authorized in this 3 15 subsection. The commission shall adopt rules, pursuant to 3 16 chapter 17A, as necessary to administer this subsection 3 17 including, but not limited to, application procedures, 3 18 investigation, approval or disapproval, and payment of claims. 3 19 b. (1) Each person who served on active duty in the 3 20 active, oceangoing merchant marine service of the United 3 21 States, at any time between September 16, 1940, and September 3 22 2, 1945, both dates inclusive, and who served for a period of 3 23 not less than one hundred twenty days on or before December 3 24 31, 1946, and who at the time of entering into the merchant 3 25 marine service was a legal resident of the state of Iowa, and 3 26 who had maintained the person's residence in this state for a 3 27 period of at least six months immediately before entering the 3 28 merchant marine service, and was honorably discharged or 3 29 separated from the merchant marine service, is entitled to 3 30 receive from moneys appropriated for that purpose the sum of 3 31 twelve dollars and fifty cents for each month that the person 3 32 was on active duty in the merchant marine service, all before 3 33 December 31, 1946, not to exceed a total sum of five hundred 3 34 dollars. Compensation for a fraction of a month shall not be 3 35 considered unless the fraction is sixteen days or more, in 4 1 which case the fraction shall be computed as a full month. 4 2 (2) A person is not entitled to compensation pursuant to 4 3 this subsection if the person received a bonus or compensation 4 4 similar to that provided in this subsection from another 4 5 state. 4 6 (3) A person is not entitled to compensation pursuant to 4 7 this subsection if the person was on active duty in the 4 8 merchant marine service after September 16, 1940, and the 4 9 person refused on conscientious, political, religious, or 4 10 other grounds, to be subject to military discipline. 4 11 (4) The surviving unremarried widow or widower, child or 4 12 children, mother, father, or person standing in loco parentis, 4 13 in the order named and none other, of any deceased person, 4 14 shall be paid the compensation that the deceased person would 4 15 be entitled to pursuant to this subsection, if living, but if 4 16 any person has died or shall die, or is disabled, from 4 17 service-connected causes incurred during the period and in the 4 18 area from which the person is entitled to receive compensation 4 19 pursuant to this subsection, the person or the first survivor 4 20 as designated by this subsection and in the order named, shall 4 21 be paid five hundred dollars, regardless of the length of 4 22 service. 4 23 c. A person who knowingly makes a false statement relating 4 24 to a material fact in supporting an application under this 4 25 subsection is guilty of a serious misdemeanor. A person 4 26 convicted pursuant to this subsection shall forfeit all 4 27 benefits to which the person may have been entitled under this 4 28 subsection. 4 29 d. All payments and allowances made under this subsection 4 30 shall be exempt from taxation and from levy and sale on 4 31 execution. 4 32 e. The bonus compensation authorized under this subsection 4 33 shall be paid from moneys appropriated for that purpose. 4 34 Sec. 5. Section 35B.3, Code 1997, is amended to read as 4 35 follows: 5 1 35B.3 COUNTY COMMISSION OF VETERAN AFFAIRS. 5 2 The county commission of veteran affairs shall consist of 5 3 either three or five persons, as determined by the board of 5 4 supervisors, all of whom shall behonorably discharged persons5 5who served in the military or naval forces of the United5 6States in any war, including World War I at any time between5 7April 6, 1917, and November 11, 1918, both dates inclusive;5 8World War II at any time between December 7, 1941, and5 9December 31, 1946, both dates inclusive; the Korean Conflict5 10at any time between June 25, 1950, and January 31, 1955, both5 11dates inclusive; the Vietnam Conflict at any time between5 12December 22, 1961, and May 7, 1975, both dates inclusive; and5 13the Persian Gulf Conflict at any time between August 2, 1990,5 14and the date the president or the Congress of the United5 15States declares a permanent cessation of hostilities, both5 16dates inclusive. However, if Congress enacts a date different5 17from August 2, 1990, as the beginning of the Persian Gulf5 18Conflict for purposes of determining whether a veteran is5 19entitled to receive military benefits as a veteran of the5 20Persian Gulf Conflict, that date shall be substituted for5 21August 2, 1990veterans as defined in section 35.1. If 5 22 possible, each member of the commission shall be a veteran of 5 23 a differentwar or conflict, so as to divide membership among5 24the persons who served in World War I, World War II, the5 25Korean Conflict, the Vietnam Conflict, and the Persian Gulf5 26Conflict; however,military action. However, this 5 27 qualification does not preclude membership to a veteran who 5 28 served in more than one of thewars or conflictsmilitary 5 29 actions. 5 30 Sec. 6. Section 35B.10, unnumbered paragraph 1, Code 1997, 5 31 is amended to read as follows: 5 32 All claims certified by the commission shall be reviewed by 5 33 the board of supervisors and the county auditor shall issue 5 34 warrants in payment of the claims. All applications, 5 35 investigation reports and case records are privileged 6 1 communications and shall be held confidential, subject to use 6 2 and inspection only by persons authorized by law in connection 6 3 with their official duties relating to financial audits and 6 4 the administration of this chapter. However, the county 6 5 commission of veteran affairs shall prepare and file in the 6 6 office of the county auditor on or before the thirtieth day of 6 7 each January, April, July and October a report showing the6 8names and addressescase numbers of all recipients receiving 6 9 assistance under this chapter, together with the amount paid 6 10 to each during the preceding quarter. Each report so filed 6 11 shall be securely fixed in a record book to be used only for 6 12 such reports made under this chapter. 6 13 Sec. 7. Section 35B.13, Code 1997, is amended to read as 6 14 follows: 6 15 35B.13 BURIAL EXPENSES. 6 16 The commission is responsible for the interment in a 6 17 suitable cemetery of the body of anyhonorably discharged6 18person who served in the military or naval forces of the6 19United States during any war, including World War I at any6 20time between April 6, 1917, and November 11, 1918, both dates6 21inclusive; World War II at any time between December 7, 1941,6 22and December 31, 1946, both dates inclusive; the Korean6 23Conflict at any time between June 25, 1950, and January 31,6 241955, both dates inclusive; the Vietnam Conflict at any time6 25between December 22, 1961, and May 7, 1975, both dates6 26inclusive; and the Persian Gulf Conflict at any time between6 27August 2, 1990, and the date the president or the Congress of6 28the United States declares a permanent cessation of6 29hostilities, both dates inclusive;veteran, as defined in 6 30 section 35.1, or the spouse, surviving spouse, or child of the 6 31 person, if the person has died without leaving sufficient 6 32 means to defray the funeral expenses.However, if Congress6 33enacts a date different from August 2, 1990, as the beginning6 34of the Persian Gulf Conflict for purposes of determining6 35whether a veteran is entitled to receive military benefits as7 1a veteran of the Persian Gulf Conflict, that date shall be7 2substituted for August 2, 1990.The commission may pay the 7 3 expenses in a sum not exceeding an amount established by the 7 4 board of supervisors. 7 5 Sec. 8. Section 35B.14, unnumbered paragraph 1, Code 1997, 7 6 is amended to read as follows: 7 7 The board of supervisors of each county may appropriate 7 8 moneys for the food, clothing, shelter, utilities, medical 7 9 benefits, and funeral expenses ofhonorably discharged,7 10 indigentpersons who served in the military or naval forces of7 11the United States in any war including World War I at any time7 12between April 6, 1917, and November 11, 1918, both dates7 13inclusive; World War II at any time between December 7, 1941,7 14and December 31, 1946, both dates inclusive; the Korean7 15Conflict at any time between June 25, 1950, and January 31,7 161955, both dates inclusive; the Vietnam Conflict at any time7 17between December 22, 1961, and May 7, 1975, both dates7 18inclusive; and the Persian Gulf Conflict at any time between7 19August 2, 1990, and the date the president or the Congress of7 20the United States declares a permanent cessation of7 21hostilities, both dates inclusive;veterans, as defined in 7 22 section 35.1, and their indigent spouses, surviving spouses, 7 23 and minor children not over eighteen years of age, having a 7 24 legal residence in the county.However, if Congress enacts a7 25date different from August 2, 1990, as the beginning of the7 26Persian Gulf Conflict for purposes of determining whether a7 27veteran is entitled to receive military benefits as a veteran7 28of the Persian Gulf Conflict, that date shall be substituted7 29for August 2, 1990.7 30 Sec. 9. Section 35B.16, Code 1997, is amended to read as 7 31 follows: 7 32 35B.16 MARKERS FOR GRAVES. 7 33 The county commission of veteran affairs may furnish a 7 34 suitable and appropriate metal marker for the grave of each 7 35honorably discharged person, who served in the military or8 1naval forces of the United States during any war, including8 2World War I at any time between April 6, 1917, and November8 311, 1918, both dates inclusive; World War II at any time8 4between December 7, 1941, and December 31, 1946, both dates8 5inclusive; the Korean Conflict at any time between June 25,8 61950, and January 31, 1955, both dates inclusive; the Vietnam8 7Conflict at any time between December 22, 1961, and May 7,8 81975, both dates inclusive; and the Persian Gulf Conflict at8 9any time between August 2, 1990, and the date the president or8 10the Congress of the United States declares a permanent8 11cessation of hostilities, both dates inclusive; andveteran, 8 12 as defined in section 35.1, who is buried within the limits of 8 13 the county, to. The marker shall be placed at the 8 14 individual's grave to permanently mark and designate the grave 8 15 for memorial purposes. The expenses shall be paid from any 8 16 funds raised as provided in this chapter.If Congress enacts8 17a date different from August 2, 1990, as the beginning of the8 18Persian Gulf Conflict for purposes of determining whether a8 19veteran is entitled to receive military benefits as a veteran8 20of the Persian Gulf Conflict, that date shall be substituted8 21for August 2, 1990.8 22 Sec. 10. Section 35C.3, Code 1997, is amended to read as 8 23 follows: 8 24 35C.3 DUTY TO INVESTIGATE AND APPOINT. 8 25 When any preferred personshall applyapplies for 8 26 appointment or employment under this chapter, the officer, 8 27 board, or person whose duty it is or may be to appoint or 8 28 employ some person to fillsuchthe position or place shall, 8 29 before appointing or employing anyone to fillsuchthe 8 30 position or place, make an investigation as to the 8 31 qualifications ofsaidthe applicant forsuchthe place or 8 32 position, and if the applicant is of good moral character and 8 33 can perform the duties ofsaidthe positionsoapplied for,as8 34hereinbefore provided, saidthe officer, board, or person 8 35 shall appointsaidthe applicant tosuchthe position, place, 9 1 or employment.SaidThe appointing officer, board, or person 9 2 shall set forth in writing and file for public inspection,the 9 3 specific grounds upon which itis held that the person9 4 appointedis entitled to said appointment,orin the case such9 5appointment is refused, the specific grounds for the refusal9 6thereofrefused to appoint the person. Within ten days after 9 7 an appointment is refused, the appointing officer, board, or 9 8 person shall notify the unsuccessful applicant in writing of 9 9 the specific grounds for refusal. 9 10 Sec. 11. NEW SECTION. 35C.5A ARBITRATION. 9 11 In addition to the remedies provided in sections 35C.4 and 9 12 35C.5, a person belonging to a class of persons qualifying for 9 13 a preference may submit any refusal to allow a preference, or 9 14 any reduction of the person's salary as described in section 9 15 35C.4, to arbitration within sixty days after written 9 16 notification of the refusal or reduction. Within ten days 9 17 after any submission, an arbitrator shall be selected by a 9 18 committee that includes one member chosen by the person 9 19 refused preference, one member chosen by the appointing 9 20 officer, board, or person, and one member who shall be a 9 21 disinterested party selected by the other two members of the 9 22 committee. A list of qualified arbitrators may be obtained 9 23 from the American arbitration association or other recognized 9 24 arbitration organization or association. The decision of the 9 25 arbitrator shall be final and binding on the parties. 9 26 Sec. 12. Section 37.10, unnumbered paragraph 1, Code 1997, 9 27 is amended to read as follows: 9 28 Each commissioner shall bean honorably discharged soldier,9 29sailor, marine, airman, or coast guard membera veteran, as 9 30 defined in section 35.1, and be a resident of the county in 9 31 which the memorial hall or monument is located. 9 32 Sec. 13. Section 282.6, unnumbered paragraph 1, Code 1997, 9 33 is amended to read as follows: 9 34 Every school shall be free of tuition to all actual 9 35 residents between the ages of five and twenty-one years and to 10 1 residenthonorably discharged soldiers, sailors, and marines10 2 veterans as defined in section 35.1, as many months after 10 3 becoming twenty-one years of age as they have spent in the 10 4military or naval servicearmed forces of the United States 10 5 before they became twenty-one, provided, however, fees may be 10 6 charged covering instructional costs for a summer school or 10 7 drivers education program. The board of education may, in a 10 8 hardship case, exempt a student from payment of the above 10 9 fees. Every person, however, who shall attend any school 10 10 after graduation from a four-year course in an approved high 10 11 school or its equivalent shall be charged a sufficient tuition 10 12 fee to cover the cost of the instruction received bysuchthe 10 13 person. 10 14 Sec. 14. Section 331.608, subsection 8, Code 1997, is 10 15 amended to read as follows: 10 16 8. As used in this section, "veteran" means aman or woman10 17 veteran as defined in section 35.1 who enlisted or was 10 18 inducted from the county, resided at any time in the county, 10 19 or is buried in the countyand who served as a member of a10 20branch of the armed forces of the United States of America, as10 21a member of the merchant marine during the time of war, during10 22the Korean Conflict beginning June 25, 1950, and ending10 23January 31, 1955, both dates inclusive, or during the Vietnam10 24Conflict beginning August 5, 1964, and ending June 30, 1973,10 25both dates inclusive, or as a member of the armed forces of a10 26country allied with the United States of America or the armed10 27forces of Iowa or another state or territory. 10 28 Sec. 15. Section 400.10, Code 1997, is amended to read as 10 29 follows: 10 30 400.10 PREFERENCES. 10 31 In all examinations and appointments under this chapter, 10 32 other than promotions and appointments of chief of the police 10 33 department and chief of the fire department,honorably10 34dischargedveteransfrom the military or naval forces of the10 35United States in any war in which the United States has been11 1engaged, including the Korean Conflict at any time between11 2June 25, 1950, and January 31, 1955, both dates inclusive, the11 3Vietnam Conflict beginning August 5, 1964, and ending May 7,11 41975, both dates inclusive, and the Persian Gulf Conflict11 5beginning August 2, 1990, and ending on the date specified by11 6the president or the Congress of the United States as the date11 7of permanent cessation of hostilities, both dates inclusive,11 8andas defined in section 35.1, who are citizens and residents 11 9 of this state, shall have five points added to the veteran's 11 10 grade or score attained in qualifying examinations for 11 11 appointment to positions and five additional points added to 11 12 the grade or score if the veteran has a service-connected 11 13 disability or is receiving compensation, disability benefits 11 14 or pension under laws administered by the veterans 11 15 administration.However, if the Congress of the United States11 16enacts a date different from August 2, 1990, as the beginning11 17of the Persian Gulf Conflict to determine the eligibility of a11 18veteran for military benefits as a veteran of the Persian Gulf11 19Conflict, the date enacted by the Congress of the United11 20States shall be substituted for August 2, 1990.An honorably 11 21 discharged veteran who has been awarded the Purple Heart for 11 22 disabilities incurred in action shall be considered to have a 11 23 service-connected disability. However, the points shall be 11 24 given only upon passing the exam and shall not be the 11 25 determining factor in passing. 11 26For the purposes of this section World War II shall be from11 27December 7, 1941, to December 31, 1946, both dates inclusive.11 28 Sec. 16. Section 427.3, subsections 1 and 2, Code 1997, 11 29 are amended to read as follows: 11 30 1. The property, not to exceed two thousand seven hundred 11 31 seventy-eight dollars in taxable value of anyhonorably11 32discharged soldier, sailor, marine, or nurseveteran, as 11 33 defined in section 35.1, of the first World War. 11 34 2. The property, not to exceed one thousand eight hundred 11 35 fifty-two dollars in taxable value of an honorably separated, 12 1 retired, furloughed to a reserve, placed on inactive status, 12 2 or dischargedsoldier, sailor, marine, or nurse of the second12 3World War from December 7, 1941, to December 31, 1946, army of12 4occupation in Germany from November 12, 1918, to July 11,12 51923, American expeditionary forces in Siberia from November12 612, 1918, to April 30, 1920, second Nicaraguan campaign with12 7the navy or marines in Nicaragua or on combatant ships 1926-12 81933, second Haitian suppression of insurrections 1919-1920,12 9navy and marine operations in China 1937-1939 and Yangtze12 10service with navy and marines in Shanghai or in the Yangtze12 11Valley 1926-1927 and 1930-1932 or of the Korean Conflict at12 12any time between June 25, 1950, and January 31, 1955, both12 13dates inclusive, or those who served on active duty during the12 14Vietnam Conflict beginning December 22, 1961, and ending May12 157, 1975, both dates inclusive, or those who served on active12 16duty during the Persian Gulf Conflict at any time between12 17August 2, 1990, and the date the president or the Congress of12 18the United States declares a permanent cessation of12 19hostilities, both dates inclusiveveteran, as defined in 12 20 section 35.1.However, if Congress enacts a date different12 21from August 2, 1990, as the beginning of the Persian Gulf12 22Conflict for purposes of determining whether a veteran is12 23entitled to receive military benefits as a veteran of the12 24Persian Gulf Conflict, that date shall be substituted for12 25August 2, 1990. For the purposes of this section, "active12 26duty" means full-time duty in the armed forces of the United12 27States, excluding active duty for training purposes only and12 28excluding any period a person was assigned by the armed forces12 29to a civilian institution for a course of education or12 30training which was substantially the same as established12 31courses offered to civilians, or as a cadet or midshipman,12 32however enrolled, at one of the service academies.12 33 Sec. 17. Section 427.4, Code 1997, is amended to read as 12 34 follows: 12 35 427.4 EXEMPTIONS TO RELATIVES. 13 1 In case any person in the foregoing classifications does 13 2 not claimany suchthe exemption from taxation, it shall be 13 3 allowed in the name ofsuchthe person to the same extent on 13 4 the property of any one of the following persons in the order 13 5 named: 13 6 1. The spouse, or surviving spouse remaining unmarried, of 13 7any such soldier, sailor, marine, or nursea veteran, as 13 8 defined in section 35.1, where they are living together or 13 9 were living together at the time of the death ofsuch person13 10 the veteran. 13 11 2. The parent whose spouse is deceased and who remains 13 12 unmarried, ofany such soldier, sailor, marine, or nursea 13 13 veteran, as defined in section 35.1, whether living or 13 14 deceased, wheresuchthe parent is, or was at the time of 13 15 death of thesoldier, sailor, marine, or nurseveteran, 13 16 dependent onsuch personthe veteran for support. 13 17 3. The minor child, or children owning property as tenants 13 18 in common, ofany sucha deceasedsoldier, sailor, marine, or13 19nurseveteran, as defined in section 35.1. 13 20 No more than one tax exemption shall be allowed under this 13 21 section or section 427.3 in the name ofany honorably13 22discharged soldier, sailor, marine, or nursea veteran, as 13 23 defined in section 35.1. 13 24 Sec. 18. Section 483A.24, subsection 13, Code 1997, is 13 25 amended to read as follows: 13 26 13. Upon payment of the fee of thirty dollars for a 13 27 lifetime hunting and fishing combined license, the department 13 28 shall issue a hunting and fishing combined license to a 13 29 resident of Iowa who is a veteran, as defined in section 35.1, 13 30 who was disabledduring the period of a veteran's service13 31listed in this subsectionorwhowas a prisoner of war during 13 32 that veteran's military service. The department shall prepare 13 33 an application to be used by a person requesting a hunting and 13 34 fishing combined license under this subsection. The 13 35 commission of veterans affairs shall assist the department in 14 1 verifying the status or claims of applicants under this 14 2 subsection. As used in this subsection,"veteran" means a14 3person who is a resident of Iowa and who served in the armed14 4forces of the United States of America at any time during14 5World War I between the dates of April 6, 1917, and July 2,14 61921, World War II between the dates of December 7, 1941, and14 7December 31, 1946, the Korean Conflict between the dates of14 8June 27, 1950, and January 31, 1955, the Vietnam Conflict14 9between August 5, 1964, and May 7, 1975, or the Persian Gulf14 10Conflict between August 2, 1990, and the date the president or14 11the Congress of the United States declares a permanent14 12cessation of hostilities, all dates inclusive, and"disabled" 14 13 means entitled to compensation under the United States Code, 14 14 Title 38, chapter 11. 14 15 Sec. 19. Section 35.7, Code 1997, is repealed. 14 16 EXPLANATION 14 17 This bill redefines "veteran" to include persons who served 14 18 in the armed forces of the United States during peacetime or 14 19 in civilian occupations which have been given military status 14 20 when performed during actual conflict or in war zones. 14 21 In addition to the persons who served during wars or 14 22 military conflicts, the term "veteran" is redefined to include 14 23 former members of the armed forces who served on active duty 14 24 during peacetime and were discharged under honorable 14 25 conditions, former members of the national guard or military 14 26 reserve who served 20 or more years after January 28, 1973, 14 27 and were discharged under honorable conditions, former members 14 28 of the active, oceangoing merchant marines who served during 14 29 World War II and were discharged under honorable conditions, 14 30 and former members of the women's air force service pilots and 14 31 other persons who have been conferred veterans status based on 14 32 their civilian duties during World War II pursuant to federal 14 33 law. A veteran also includes a member of the reserve forces 14 34 of the United States or the Iowa national guard who was 14 35 activated for federal service for at least 90 days or 15 1 completed at least 90 days of active federal service, 15 2 excluding training, and was discharged or retired under 15 3 honorable conditions. The definition change makes these 15 4 persons and their families eligible for veteran benefits, such 15 5 as military service property tax exemptions and credits, 15 6 education benefits for veterans' children, burial benefits, 15 7 employment preferences, bonus compensation for active, 15 8 oceangoing merchant marines during World War II, and benefits 15 9 for indigent veterans and their families. 15 10 The bill establishes a bonus compensation for merchant 15 11 marines who served during World War II and were discharged 15 12 under honorable conditions or for qualified relatives of 15 13 deceased merchant marines. The bonus is to be administered by 15 14 the executive director of the state commission of veterans 15 15 affairs. The bonus amounts to $12.50 for each month served on 15 16 active duty, not to exceed a total of $500. A person applying 15 17 for bonus compensation who knowingly makes a false statement 15 18 relating to a material fact commits a serious misdemeanor and 15 19 forfeits all rights to such compensation. 15 20 The bill amends the military service property tax exemption 15 21 provisions to correspond to the new definition of veteran. 15 22 The bill replaces the term "honorably discharged persons" 15 23 with the term "veteran" for purposes of memorial markers 15 24 placed by county commissions of veteran affairs, for 15 25 membership of county commissions of veteran affairs, for 15 26 payment of burial expenses of veterans, for payments to 15 27 indigent veterans, and for the war orphans educational aid 15 28 fund. This change expands the number of persons eligible for 15 29 veterans preference and for lifetime hunting and fishing 15 30 licenses. 15 31 Claims certified by a county commission of veteran affairs 15 32 are required to be reviewed by the county board of supervisors 15 33 and the county auditor then issues warrants in payment of the 15 34 claims. The Code requires the county commissions to prepare 15 35 and file quarterly in the county auditor's office a report 16 1 showing the names and addresses of all recipients of 16 2 assistance. The bill requires that case numbers, rather than 16 3 names and addresses, be used to identify recipients. 16 4 Under the bill, when a person who qualifies for a veterans 16 5 preference applies for an appointment or employment, and is 16 6 refused the appointment or employment, the appointing officer, 16 7 board, or person is required, within 10 days of the refusal, 16 8 to notify the unsuccessful applicant in writing of the 16 9 specific grounds for refusal. 16 10 If a person who belongs to a class of persons qualifying 16 11 for veterans preference is refused a preference or receives a 16 12 qualifying reduction in salary, the Code currently allows the 16 13 person the remedies of judicial review and appeal. The bill 16 14 adds arbitration as a third remedy. Within 60 days after 16 15 written notification of the refusal or reduction, the person 16 16 affected may submit the refusal or reduction to arbitration. 16 17 Within 10 days of a submission, an arbitrator shall be 16 18 selected by a committee that includes one member chosen by the 16 19 person refused preference, one member chosen by the appointing 16 20 officer, board, or person, and one member who shall be a 16 21 disinterested party selected by the other two members of the 16 22 committee. The arbitrator's decision is final and binding. 16 23 LSB 1804SV 77 16 24 tj/sc/14
Text: SF00546 Text: SF00548 Text: SF00500 - SF00599 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 1997 Cornell College and League of Women Voters of Iowa
Comments about this site or page? webmaster@legis.iowa.gov. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Mon Jun 29 13:40:04 CDT 1998
URL: /DOCS/GA/77GA/Legislation/SF/00500/SF00547/970417.html
jhf