Text: HSB00060                          Text: HSB00062
Text: HSB00000 - HSB00099               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 61

Bill Text

PAG LIN
  1  1                           DIVISION I
  1  2                        VETERAN BENEFITS
  1  3    Section 1.  NEW SECTION.  35.1  DEFINITIONS.
  1  4    As used in this chapter and chapters 35A through 35D:
  1  5    1.  "Commission" means the commission of veterans affairs
  1  6 created in section 35A.2.
  1  7    2.  "Veteran" means a resident of this state who served in
  1  8 the armed forces of the United States and who was discharged
  1  9 under honorable conditions.  "Veteran" includes the following
  1 10 persons:
  1 11    a.  Former members of the reserve forces of the United
  1 12 States who served at least twenty years in the reserve forces
  1 13 after January 28, 1973, and who were discharged under
  1 14 honorable conditions.  However, a member of the reserve forces
  1 15 of the United States who completed a minimum aggregate of
  1 16 ninety days of active federal service, other than training,
  1 17 and was discharged under honorable conditions, or was retired
  1 18 under Title X of the United States Code shall be included as a
  1 19 veteran.
  1 20    b.  Former members of the Iowa national guard who served at
  1 21 least twenty years in the Iowa national guard after January
  1 22 28, 1973, and who were discharged under honorable conditions.
  1 23 However, a member of the Iowa national guard who was activated
  1 24 for federal duty, other than training, for a minimum aggregate
  1 25 of ninety days, and was discharged under honorable conditions
  1 26 or was retired under Title X of the United States Code shall
  1 27 be included as a veteran.
  1 28    c.  Former members of the active, oceangoing merchant
  1 29 marines who served during World War II at any time between
  1 30 December 7, 1941, and December 31, 1946, both dates inclusive,
  1 31 who were discharged under honorable conditions.
  1 32    d.  Former members of the women's air force service pilots
  1 33 and other persons who have been conferred veterans status
  1 34 based on their civilian duties during World War II in
  1 35 accordance with federal Pub. L. No. 95-202, 38 U.S.C. } 106.
  2  1    Sec. 2.  Section 35.8, Code 1999, is amended to read as
  2  2 follows:
  2  3    35.8  MONEY COMPRISING FUND.
  2  4    A war orphans educational aid fund is created as a separate
  2  5 fund in the state treasury under the control of the commission
  2  6 of veterans affairs.  Any money hereafter appropriated for the
  2  7 purpose of aiding in the education of orphaned children of
  2  8 honorably discharged persons who served in the military or
  2  9 naval forces of the United States in World War I or World War
  2 10 II veterans, as provided by this chapter defined in section
  2 11 35.1, shall be known as deposited in the war orphans
  2 12 educational aid fund.
  2 13    Sec. 3.  Section 35.9, unnumbered paragraph 1, Code 1999,
  2 14 is amended to read as follows:
  2 15    The commission of veterans affairs may expend not more than
  2 16 six hundred dollars per year for any one child who has lived
  2 17 in the state of Iowa for two years preceding application for
  2 18 aid, and who is the child of a person who died during World
  2 19 War I between the dates of April 6, 1917, and June 2, 1921, or
  2 20 during World War II between the dates of September 16, 1940,
  2 21 and December 31, 1946, both dates inclusive, or the Korean
  2 22 Conflict between June 25, 1950, and January 31, 1955, both
  2 23 dates inclusive, or the Vietnam Conflict between August 5,
  2 24 1964, and May 7, 1975, both dates inclusive, or the Persian
  2 25 Gulf Conflict at any time between August 2, 1990, and the date
  2 26 the president or the Congress of the United States declares a
  2 27 permanent cessation of hostilities, both dates inclusive,
  2 28 while serving in the during active federal military or naval
  2 29 forces service while serving in the armed forces or during
  2 30 active federal military service in the Iowa national guard or
  2 31 other military component of the United States, to include
  2 32 members of the reserve components performing service or duties
  2 33 required or authorized under chapter 39, United States Code
  2 34 and Title 32, United States Code, sections 502 through 505,
  2 35 and active state service required or authorized under chapter
  3  1 29A, or as a result of such service, to defray the expenses of
  3  2 tuition, matriculation, laboratory and similar fees, books and
  3  3 supplies, board, lodging, and any other reasonably necessary
  3  4 expense for such the child or children incident to attendance
  3  5 in this state at an educational or training institution of
  3  6 college grade, or in a business or vocational training school
  3  7 with standards approved by the commission of veterans affairs.
  3  8 However, if Congress enacts a date different from August 2,
  3  9 1990, as the beginning of the Persian Gulf Conflict for
  3 10 purposes of determining whether a veteran is entitled to
  3 11 receive military benefits as a veteran of the Persian Gulf
  3 12 Conflict, that date shall be substituted for August 2, 1990.
  3 13    Sec. 4.  Section 35A.8, Code 1999, is amended by adding the
  3 14 following new subsection:
  3 15    NEW SUBSECTION.  4.  a.  The executive director shall
  3 16 provide for the administration of the bonus authorized in this
  3 17 subsection.  The commission shall adopt rules, pursuant to
  3 18 chapter 17A, as necessary to administer this subsection
  3 19 including, but not limited to, application procedures,
  3 20 investigation, approval or disapproval, and payment of claims.
  3 21    b.  (1)  Each person who served on active duty in the
  3 22 active, oceangoing merchant marine service of the United
  3 23 States, at any time between September 16, 1940, and September
  3 24 2, 1945, both dates inclusive, and who served for a period of
  3 25 not less than one hundred twenty days on or before December
  3 26 31, 1946, and who at the time of entering into the merchant
  3 27 marine service was a legal resident of the state of Iowa, and
  3 28 who had maintained the person's residence in this state for a
  3 29 period of at least six months immediately before entering the
  3 30 merchant marine service, and was honorably discharged or
  3 31 separated from the merchant marine service, is entitled to
  3 32 receive from moneys appropriated for that purpose the sum of
  3 33 twelve dollars and fifty cents for each month that the person
  3 34 was on active duty in the merchant marine service, all before
  3 35 December 31, 1946, not to exceed a total sum of five hundred
  4  1 dollars.  Compensation for a fraction of a month shall not be
  4  2 considered unless the fraction is sixteen days or more, in
  4  3 which case the fraction shall be computed as a full month.
  4  4    (2)  A person is not entitled to compensation pursuant to
  4  5 this subsection if the person received a bonus or compensation
  4  6 similar to that provided in this subsection from another
  4  7 state.
  4  8    (3)  A person is not entitled to compensation pursuant to
  4  9 this subsection if the person was on active duty in the
  4 10 merchant marine service after September 16, 1940, and the
  4 11 person refused on conscientious, political, religious, or
  4 12 other grounds, to be subject to military discipline.
  4 13    (4)  The surviving unremarried widow or widower, child or
  4 14 children, mother, father, or person standing in loco parentis,
  4 15 in the order named and none other, of any deceased person,
  4 16 shall be paid the compensation that the deceased person would
  4 17 be entitled to pursuant to this subsection, if living, but if
  4 18 any person has died or shall die, or is disabled, from
  4 19 service-connected causes incurred during the period and in the
  4 20 area from which the person is entitled to receive compensation
  4 21 pursuant to this subsection, the person or the first survivor
  4 22 as designated by this subsection and in the order named, shall
  4 23 be paid five hundred dollars, regardless of the length of
  4 24 service.
  4 25    c.  A person who knowingly makes a false statement relating
  4 26 to a material fact in supporting an application under this
  4 27 subsection is guilty of a serious misdemeanor.  A person
  4 28 convicted pursuant to this subsection shall forfeit all
  4 29 benefits to which the person may have been entitled under this
  4 30 subsection.
  4 31    d.  All payments and allowances made under this subsection
  4 32 shall be exempt from taxation and from levy and sale on
  4 33 execution.
  4 34    e.  The bonus compensation authorized under this subsection
  4 35 shall be paid from moneys appropriated for that purpose.
  5  1    Sec. 5.  Section 35B.3, Code 1999, is amended to read as
  5  2 follows:
  5  3    35B.3  COUNTY COMMISSION OF VETERAN AFFAIRS.
  5  4    The county commission of veteran affairs shall consist of
  5  5 either three or five persons, as determined by the board of
  5  6 supervisors, all of whom shall be honorably discharged persons
  5  7 who served in the military or naval forces of the United
  5  8 States in any war, including World War I at any time between
  5  9 April 6, 1917, and November 11, 1918, both dates inclusive;
  5 10 World War II at any time between December 7, 1941, and
  5 11 December 31, 1946, both dates inclusive; the Korean Conflict
  5 12 at any time between June 25, 1950, and January 31, 1955, both
  5 13 dates inclusive; the Vietnam Conflict at any time between
  5 14 December 22, 1961, and May 7, 1975, both dates inclusive; and
  5 15 the Persian Gulf Conflict at any time between August 2, 1990,
  5 16 and the date the president or the Congress of the United
  5 17 States declares a permanent cessation of hostilities, both
  5 18 dates inclusive.  However, if Congress enacts a date different
  5 19 from August 2, 1990, as the beginning of the Persian Gulf
  5 20 Conflict for purposes of determining whether a veteran is
  5 21 entitled to receive military benefits as a veteran of the
  5 22 Persian Gulf Conflict, that date shall be substituted for
  5 23 August 2, 1990 veterans as defined in section 35.1.  If
  5 24 possible, each member of the commission shall be a veteran of
  5 25 a different war or conflict, so as to divide membership among
  5 26 the persons who served in World War I, World War II, the
  5 27 Korean Conflict, the Vietnam Conflict, and the Persian Gulf
  5 28 Conflict; however, military action.  However, this
  5 29 qualification does not preclude membership to a veteran who
  5 30 served in more than one of the wars or conflicts military
  5 31 actions.
  5 32    Sec. 6.  Section 35B.10, unnumbered paragraph 1, Code 1999,
  5 33 is amended to read as follows:
  5 34    All claims certified by the commission shall be reviewed by
  5 35 the board of supervisors and the county auditor shall issue
  6  1 warrants in payment of the claims.  All applications,
  6  2 investigation reports and case records are privileged
  6  3 communications and shall be held confidential, subject to use
  6  4 and inspection only by persons authorized by law in connection
  6  5 with their official duties relating to financial audits and
  6  6 the administration of this chapter.  However, the county
  6  7 commission of veteran affairs shall prepare and file in the
  6  8 office of the county auditor on or before the thirtieth day of
  6  9 each January, April, July and October a report showing the
  6 10 names and addresses case numbers of all recipients receiving
  6 11 assistance under this chapter, together with the amount paid
  6 12 to each during the preceding quarter.  Each report so filed
  6 13 shall be securely fixed in a record book to be used only for
  6 14 such reports made under this chapter.
  6 15    Sec. 7.  Section 35B.13, Code 1999, is amended to read as
  6 16 follows:
  6 17    35B.13  BURIAL – EXPENSES.
  6 18    The commission is responsible for the interment in a
  6 19 suitable cemetery of the body of any honorably discharged
  6 20 person who served in the military or naval forces of the
  6 21 United States during any war, including World War I at any
  6 22 time between April 6, 1917, and November 11, 1918, both dates
  6 23 inclusive; World War II at any time between December 7, 1941,
  6 24 and December 31, 1946, both dates inclusive; the Korean
  6 25 Conflict at any time between June 25, 1950, and January 31,
  6 26 1955, both dates inclusive; the Vietnam Conflict at any time
  6 27 between December 22, 1961, and May 7, 1975, both dates
  6 28 inclusive; and the Persian Gulf Conflict at any time between
  6 29 August 2, 1990, and the date the president or the Congress of
  6 30 the United States declares a permanent cessation of
  6 31 hostilities, both dates inclusive; veteran, as defined in
  6 32 section 35.1, or the spouse, surviving spouse, or child of the
  6 33 person, if the person has died without leaving sufficient
  6 34 means to defray the funeral expenses.  However, if Congress
  6 35 enacts a date different from August 2, 1990, as the beginning
  7  1 of the Persian Gulf Conflict for purposes of determining
  7  2 whether a veteran is entitled to receive military benefits as
  7  3 a veteran of the Persian Gulf Conflict, that date shall be
  7  4 substituted for August 2, 1990.  The commission may pay the
  7  5 expenses in a sum not exceeding an amount established by the
  7  6 board of supervisors.
  7  7    Sec. 8.  Section 35B.14, unnumbered paragraph 1, Code 1999,
  7  8 is amended to read as follows:
  7  9    The board of supervisors of each county may appropriate
  7 10 moneys for the food, clothing, shelter, utilities, medical
  7 11 benefits, and funeral expenses of honorably discharged,
  7 12 indigent persons who served in the military or naval forces of
  7 13 the United States in any war including World War I at any time
  7 14 between April 6, 1917, and November 11, 1918, both dates
  7 15 inclusive; World War II at any time between December 7, 1941,
  7 16 and December 31, 1946, both dates inclusive; the Korean
  7 17 Conflict at any time between June 25, 1950, and January 31,
  7 18 1955, both dates inclusive; the Vietnam Conflict at any time
  7 19 between December 22, 1961, and May 7, 1975, both dates
  7 20 inclusive; and the Persian Gulf Conflict at any time between
  7 21 August 2, 1990, and the date the president or the Congress of
  7 22 the United States declares a permanent cessation of
  7 23 hostilities, both dates inclusive; veterans, as defined in
  7 24 section 35.1, and their indigent spouses, surviving spouses,
  7 25 and minor children not over eighteen years of age, having a
  7 26 legal residence in the county.  However, if Congress enacts a
  7 27 date different from August 2, 1990, as the beginning of the
  7 28 Persian Gulf Conflict for purposes of determining whether a
  7 29 veteran is entitled to receive military benefits as a veteran
  7 30 of the Persian Gulf Conflict, that date shall be substituted
  7 31 for August 2, 1990.
  7 32    Sec. 9.  Section 35B.16, Code 1999, is amended to read as
  7 33 follows:
  7 34    35B.16  MARKERS FOR GRAVES.
  7 35    The county commission of veteran affairs may furnish a
  8  1 suitable and appropriate metal marker for the grave of each
  8  2 honorably discharged person, who served in the military or
  8  3 naval forces of the United States during any war, including
  8  4 World War I at any time between April 6, 1917, and November
  8  5 11, 1918, both dates inclusive; World War II at any time
  8  6 between December 7, 1941, and December 31, 1946, both dates
  8  7 inclusive; the Korean Conflict at any time between June 25,
  8  8 1950, and January 31, 1955, both dates inclusive; the Vietnam
  8  9 Conflict at any time between December 22, 1961, and May 7,
  8 10 1975, both dates inclusive; and the Persian Gulf Conflict at
  8 11 any time between August 2, 1990, and the date the president or
  8 12 the Congress of the United States declares a permanent
  8 13 cessation of hostilities, both dates inclusive; and veteran,
  8 14 as defined in section 35.1, who is buried within the limits of
  8 15 the county, to.  The marker shall be placed at the
  8 16 individual's grave to permanently mark and designate the grave
  8 17 for memorial purposes.  The expenses shall be paid from any
  8 18 funds raised as provided in this chapter.  If Congress enacts
  8 19 a date different from August 2, 1990, as the beginning of the
  8 20 Persian Gulf Conflict for purposes of determining whether a
  8 21 veteran is entitled to receive military benefits as a veteran
  8 22 of the Persian Gulf Conflict, that date shall be substituted
  8 23 for August 2, 1990.
  8 24    Sec. 10.  Section 35C.3, Code 1999, is amended to read as
  8 25 follows:
  8 26    35C.3  DUTY TO INVESTIGATE AND APPOINT.
  8 27    When any preferred person shall apply applies for
  8 28 appointment or employment under this chapter, the officer,
  8 29 board, or person whose duty it is or may be to appoint or
  8 30 employ some a person to fill such the position or place shall,
  8 31 before appointing or employing anyone a person to fill such
  8 32 the position or place, make an investigation as to the
  8 33 qualifications of said the applicant for such the place or
  8 34 position, and if the applicant is of good moral character and
  8 35 can perform the duties of said the position so applied for, as
  9  1 hereinbefore provided, said the officer, board, or person
  9  2 shall appoint said the applicant to such the position, place,
  9  3 or employment.  Said The appointing officer, board, or person
  9  4 shall set forth in writing and file for public inspection, the
  9  5 specific grounds upon which it is held that the person
  9  6 appointed is entitled to said appointment, or in the case such
  9  7 appointment is refused, the specific grounds for the refusal
  9  8 thereof refused to appoint the person.  Within ten days after
  9  9 an appointment is refused, the appointing officer, board, or
  9 10 person shall notify the unsuccessful applicant in writing of
  9 11 the specific grounds for refusal.
  9 12    Sec. 11.  NEW SECTION.  35C.5A  ARBITRATION.
  9 13    In addition to the remedies provided in sections 35C.4 and
  9 14 35C.5, a person belonging to a class of persons qualifying for
  9 15 a preference may submit any refusal to allow a preference, or
  9 16 any reduction of the person's salary as described in section
  9 17 35C.4, to arbitration within sixty days after written
  9 18 notification of the refusal or reduction.  Within ten days
  9 19 after any submission, an arbitrator shall be selected by a
  9 20 committee that includes one member chosen by the person
  9 21 refused preference, one member chosen by the appointing
  9 22 officer, board, or person, and one member who shall be a
  9 23 disinterested party selected by the other two members of the
  9 24 committee.  A list of qualified arbitrators may be obtained
  9 25 from the American arbitration association or other recognized
  9 26 arbitration organization or association.  The decision of the
  9 27 arbitrator shall be final and binding on the parties.
  9 28    Sec. 12.  Section 37.10, unnumbered paragraph 1, Code 1999,
  9 29 is amended to read as follows:
  9 30    Each commissioner shall be an honorably discharged soldier,
  9 31 sailor, marine, airman, or coast guard member a veteran, as
  9 32 defined in section 35.1, and be a resident of the county in
  9 33 which the memorial hall or monument is located.
  9 34    Sec. 13.  Section 282.6, unnumbered paragraph 1, Code 1999,
  9 35 is amended to read as follows:
 10  1    Every school shall be free of tuition to all actual
 10  2 residents between the ages of five and twenty-one years and to
 10  3 resident honorably discharged soldiers, sailors, and marines
 10  4 veterans as defined in section 35.1, as many months after
 10  5 becoming twenty-one years of age as they have spent in the
 10  6 military or naval service armed forces of the United States
 10  7 before they became twenty-one, provided, however, fees may be
 10  8 charged covering instructional costs for a summer school or
 10  9 drivers education program.  The board of education may, in a
 10 10 hardship case, exempt a student from payment of the above
 10 11 fees.  Every person, however, who shall attend any school
 10 12 after graduation from a four-year course in an approved high
 10 13 school or its equivalent shall be charged a sufficient tuition
 10 14 fee to cover the cost of the instruction received by such the
 10 15 person.
 10 16    Sec. 14.  Section 331.608, subsection 8, Code 1999, is
 10 17 amended to read as follows:
 10 18    8.  As used in this section, "veteran" means a man or woman
 10 19 veteran as defined in section 35.1 who enlisted or was
 10 20 inducted from the county, resided at any time in the county,
 10 21 or is buried in the county and who served as a member of a
 10 22 branch of the armed forces of the United States of America, as
 10 23 a member of the merchant marine during the time of war, during
 10 24 the Korean Conflict beginning June 25, 1950, and ending
 10 25 January 31, 1955, both dates inclusive, or during the Vietnam
 10 26 Conflict beginning August 5, 1964, and ending June 30, 1973,
 10 27 both dates inclusive, or as a member of the armed forces of a
 10 28 country allied with the United States of America or the armed
 10 29 forces of Iowa or another state or territory.
 10 30    Sec. 15.  Section 400.10, Code 1999, is amended to read as
 10 31 follows:
 10 32    400.10  PREFERENCES.
 10 33    In all examinations and appointments under this chapter,
 10 34 other than promotions and appointments of chief of the police
 10 35 department and chief of the fire department, honorably
 11  1 discharged veterans from the military or naval forces of the
 11  2 United States in any war in which the United States has been
 11  3 engaged, including the Korean Conflict at any time between
 11  4 June 25, 1950, and January 31, 1955, both dates inclusive, the
 11  5 Vietnam Conflict beginning August 5, 1964, and ending May 7,
 11  6 1975, both dates inclusive, and the Persian Gulf Conflict
 11  7 beginning August 2, 1990, and ending on the date specified by
 11  8 the president or the Congress of the United States as the date
 11  9 of permanent cessation of hostilities, both dates inclusive,
 11 10 and as defined in section 35.1, who are citizens and residents
 11 11 of this state, shall have five points added to the veteran's
 11 12 grade or score attained in qualifying examinations for
 11 13 appointment to positions and five additional points added to
 11 14 the grade or score if the veteran has a service-connected
 11 15 disability or is receiving compensation, disability benefits
 11 16 or pension under laws administered by the veterans
 11 17 administration.  However, if the Congress of the United States
 11 18 enacts a date different from August 2, 1990, as the beginning
 11 19 of the Persian Gulf Conflict to determine the eligibility of a
 11 20 veteran for military benefits as a veteran of the Persian Gulf
 11 21 Conflict, the date enacted by the Congress of the United
 11 22 States shall be substituted for August 2, 1990.  An honorably
 11 23 discharged veteran who has been awarded the Purple Heart for
 11 24 disabilities incurred in action shall be considered to have a
 11 25 service-connected disability.  However, the points shall be
 11 26 given only upon passing the exam and shall not be the
 11 27 determining factor in passing.
 11 28    For the purposes of this section World War II shall be from
 11 29 December 7, 1941, to December 31, 1946, both dates inclusive.
 11 30    Sec. 16.  Section 427.3, subsections 1, 2, and 3, Code
 11 31 1999, are amended to read as follows:
 11 32    1.  The property, not to exceed two thousand seven hundred
 11 33 seventy-eight dollars in taxable value of any honorably
 11 34 discharged soldier, sailor, marine, or nurse veteran, as
 11 35 defined in section 35.1, of the first World War.
 12  1    2.  The property, not to exceed one thousand eight hundred
 12  2 fifty-two dollars in taxable value of an honorably separated,
 12  3 retired, furloughed to a reserve, placed on inactive status,
 12  4 or discharged soldier, sailor, marine, or nurse of the second
 12  5 World War from December 7, 1941, to December 31, 1946, army of
 12  6 occupation in Germany from November 12, 1918, to July 11,
 12  7 1923, American expeditionary forces in Siberia from November
 12  8 12, 1918, to April 30, 1920, second Nicaraguan campaign with
 12  9 the navy or marines in Nicaragua or on combatant ships 1926-
 12 10 1933, second Haitian suppression of insurrections 1919-1920,
 12 11 navy and marine operations in China 1937-1939 and Yangtze
 12 12 service with navy and marines in Shanghai or in the Yangtze
 12 13 Valley 1926-1927 and 1930-1932 or of the Korean Conflict at
 12 14 any time between June 25, 1950, and January 31, 1955, both
 12 15 dates inclusive, or those who served on active duty during the
 12 16 Vietnam Conflict beginning December 22, 1961, and ending May
 12 17 7, 1975, both dates inclusive, or those who served on active
 12 18 duty during the Persian Gulf Conflict at any time between
 12 19 August 2, 1990, and the date the president or the Congress of
 12 20 the United States declares a permanent cessation of
 12 21 hostilities, both dates inclusive veteran, as defined in
 12 22 section 35.1.  However, if Congress enacts a date different
 12 23 from August 2, 1990, as the beginning of the Persian Gulf
 12 24 Conflict for purposes of determining whether a veteran is
 12 25 entitled to receive military benefits as a veteran of the
 12 26 Persian Gulf Conflict, that date shall be substituted for
 12 27 August 2, 1990.  For the purposes of this section, "active
 12 28 duty" means full-time duty in the armed forces of the United
 12 29 States, excluding active duty for training purposes only and
 12 30 excluding any period a person was assigned by the armed forces
 12 31 to a civilian institution for a course of education or
 12 32 training which was substantially the same as established
 12 33 courses offered to civilians, or as a cadet or midshipman,
 12 34 however enrolled, at one of the service academies.
 12 35    3.  Where the word "soldier veteran" appears in this
 13  1 chapter, it includes, without limitation, the members of the
 13  2 United States air force and the United States merchant marine.
 13  3    Sec. 17.  Section 427.4, Code 1999, is amended to read as
 13  4 follows:
 13  5    427.4  EXEMPTIONS TO RELATIVES.
 13  6    In case any person in the foregoing classifications does
 13  7 not claim any such the exemption from taxation, it shall be
 13  8 allowed in the name of such the person to the same extent on
 13  9 the property of any one of the following persons in the order
 13 10 named:
 13 11    1.  The spouse, or surviving spouse remaining unmarried, of
 13 12 any such soldier, sailor, marine, or nurse a veteran, as
 13 13 defined in section 35.1, where they are living together or
 13 14 were living together at the time of the death of such person
 13 15 the veteran.
 13 16    2.  The parent whose spouse is deceased and who remains
 13 17 unmarried, of any such soldier, sailor, marine, or nurse a
 13 18 veteran, as defined in section 35.1, whether living or
 13 19 deceased, where such the parent is, or was at the time of
 13 20 death of the soldier, sailor, marine, or nurse veteran,
 13 21 dependent on such person the veteran for support.
 13 22    3.  The minor child, or children owning property as tenants
 13 23 in common, of any such a deceased soldier, sailor, marine, or
 13 24 nurse veteran, as defined in section 35.1.
 13 25    No more than one tax exemption shall be allowed under this
 13 26 section or section 427.3 in the name of any honorably
 13 27 discharged soldier, sailor, marine, or nurse a veteran, as
 13 28 defined in section 35.1.
 13 29    Sec. 18.  Section 483A.24, subsection 13, Code 1999, is
 13 30 amended to read as follows:
 13 31    13.  Upon payment of the fee of thirty dollars for a
 13 32 lifetime hunting and fishing combined license, the department
 13 33 shall issue a hunting and fishing combined license to a
 13 34 resident of Iowa who is a veteran, as defined in section 35.1,
 13 35 who was disabled during the period of a veteran's service
 14  1 listed in this subsection or who was a prisoner of war during
 14  2 that veteran's military service.  The department shall prepare
 14  3 an application to be used by a person requesting a hunting and
 14  4 fishing combined license under this subsection.  The
 14  5 commission of veterans affairs shall assist the department in
 14  6 verifying the status or claims of applicants under this
 14  7 subsection.  As used in this subsection, "veteran" means a
 14  8 person who is a resident of Iowa and who served in the armed
 14  9 forces of the United States of America at any time during
 14 10 World War I between the dates of April 6, 1917, and July 2,
 14 11 1921, World War II between the dates of December 7, 1941, and
 14 12 December 31, 1946, the Korean Conflict between the dates of
 14 13 June 27, 1950, and January 31, 1955, the Vietnam Conflict
 14 14 between August 5, 1964, and May 7, 1975, or the Persian Gulf
 14 15 Conflict between August 2, 1990, and the date the president or
 14 16 the Congress of the United States declares a permanent
 14 17 cessation of hostilities, all dates inclusive, and "disabled"
 14 18 means entitled to compensation under the United States Code,
 14 19 Title 38, chapter 11.
 14 20    Sec. 19.  Section 35.7, Code 1999, is repealed.  
 14 21                           DIVISION II
 14 22       MILITARY SERVICE PROPERTY TAX CREDIT AND EXEMPTION
 14 23    Sec. 20.  Section 25B.7, subsection 2, paragraph c, Code
 14 24 1999, is amended to read as follows:
 14 25    c.  Military service property tax credit and exemption
 14 26 pursuant to chapter 426A and sections 427.3 through 427.7, to
 14 27 the extent of six dollars and seventy-five cents per thousand
 14 28 dollars of assessed value of the exempt property.
 14 29    Sec. 21.  Section 426A.2, Code 1999, is amended to read as
 14 30 follows:
 14 31    426A.2  MILITARY SERVICE TAX CREDIT.
 14 32    The moneys shall be apportioned each year so as to replace
 14 33 all or a portion of the tax which would be due on property
 14 34 eligible for military service tax exemption in the state, if
 14 35 the property were subject to taxation, the amount of the
 15  1 credit to be not more than six dollars and seventy-five cents
 15  2 per thousand dollars of assessed value of property which would
 15  3 be subject to the tax, except for the military service tax
 15  4 exemption.
 15  5    Sec. 22.  Section 426A.5, Code 1999, is amended to read as
 15  6 follows:
 15  7    426A.5  PROPORTIONATE SHARES TO DISTRICTS.
 15  8    The amount of credits received under this chapter shall
 15  9 then be apportioned by each county treasurer to the several
 15 10 taxing districts in the same manner as though the amount of
 15 11 the credit had been paid by the owner of the property
 15 12 receiving the credit.  Each taxing district shall receive its
 15 13 proportionate share of the military service tax credit allowed
 15 14 on each and every tax exemption allowed in such the taxing
 15 15 district, in the proportion that the levy made by such taxing
 15 16 district upon general property bears to the total levy upon
 15 17 all property subject to general property taxation by all
 15 18 taxing districts imposing a general property tax in such
 15 19 taxing district based upon the amount of property taxes which
 15 20 would be due on the property receiving the credit, if the
 15 21 property were subject to taxation.
 15 22    Sec. 23.  The increase in state reimbursement resulting
 15 23 from the amendment to section 426A.2 in this Act is subject to
 15 24 the limitation on its use by local governments as provided in
 15 25 section 25B.7, subsection 3.
 15 26    Sec. 24.  Division II of this Act, being deemed of
 15 27 immediate importance, takes effect upon enactment and applies
 15 28 to the military service property tax exemption allowed for
 15 29 property taxes due and payable during fiscal years beginning
 15 30 on or after July 1, 1999.  
 15 31                           EXPLANATION
 15 32    Division I of this bill redefines "veteran" to include
 15 33 persons who served in the armed forces of the United States
 15 34 during peacetime or in civilian occupations which have been
 15 35 given military status when performed during actual conflict or
 16  1 in war zones.
 16  2    In addition to the persons who served during wars or
 16  3 military conflicts, the term "veteran" is redefined to include
 16  4 former members of the armed forces who served on active duty
 16  5 during peacetime and were discharged under honorable
 16  6 conditions, former members of the national guard or military
 16  7 reserve who served 20 or more years after January 28, 1973,
 16  8 and were discharged under honorable conditions, former members
 16  9 of the active, oceangoing merchant marines who served during
 16 10 World War II and were discharged under honorable conditions,
 16 11 and former members of the women's air force service pilots and
 16 12 other persons who have been conferred veterans status based on
 16 13 their civilian duties during World War II pursuant to federal
 16 14 law.  A veteran also includes a member of the reserve forces
 16 15 of the United States or the Iowa national guard who was
 16 16 activated for federal service for at least 90 days or
 16 17 completed at least 90 days of active federal service,
 16 18 excluding training, and was discharged or retired under
 16 19 honorable conditions.  The definition change makes these
 16 20 persons and their families eligible for veteran benefits, such
 16 21 as military service property tax exemptions and credits,
 16 22 education benefits for veterans' children, burial benefits,
 16 23 employment preferences, bonus compensation for active,
 16 24 oceangoing merchant marines during World War II, and benefits
 16 25 for indigent veterans and their families.
 16 26    Division I establishes a bonus compensation for merchant
 16 27 marines who served during World War II and were discharged
 16 28 under honorable conditions or for qualified relatives of
 16 29 deceased merchant marines.  The bonus is to be administered by
 16 30 the executive director of the state commission of veterans
 16 31 affairs.  The bonus amounts to $12.50 for each month served on
 16 32 active duty, not to exceed a total of $500.  A person applying
 16 33 for bonus compensation who knowingly makes a false statement
 16 34 relating to a material fact commits a serious misdemeanor and
 16 35 forfeits all rights to such compensation.
 17  1    Division I amends the military service property tax
 17  2 exemption provisions to correspond to the new definition of
 17  3 veteran.
 17  4    Division I replaces the term "honorably discharged persons"
 17  5 with the term "veteran" for purposes of memorial markers
 17  6 placed by county commissions of veteran affairs, for
 17  7 membership of county commissions of veteran affairs, for
 17  8 payment of burial expenses of veterans, for payments to
 17  9 indigent veterans, and for the war orphans educational aid
 17 10 fund.  This change expands the number of persons eligible for
 17 11 veterans preference and for lifetime hunting and fishing
 17 12 licenses.
 17 13    Claims certified by a county commission of veteran affairs
 17 14 are required to be reviewed by the county board of supervisors
 17 15 and the county auditor then issues warrants in payment of the
 17 16 claims.  The Code requires the county commissions to prepare
 17 17 and file quarterly in the county auditor's office a report
 17 18 showing the names and addresses of all recipients of
 17 19 assistance.  Division I requires that case numbers, rather
 17 20 than names and addresses, be used to identify recipients.
 17 21    Under Division I, when a person who qualifies for a
 17 22 veterans preference applies for an appointment or employment,
 17 23 and is refused the appointment or employment, the appointing
 17 24 officer, board, or person is required, within 10 days of the
 17 25 refusal, to notify the unsuccessful applicant in writing of
 17 26 the specific grounds for refusal.
 17 27    If a person who belongs to a class of persons qualifying
 17 28 for veterans preference is refused a preference or receives a
 17 29 qualifying reduction in salary, the Code currently allows the
 17 30 person the remedies of judicial review and appeal.  Division I
 17 31 adds arbitration as a third remedy.  Within 60 days after
 17 32 written notification of the refusal or reduction, the person
 17 33 affected may submit the refusal or reduction to arbitration.
 17 34 Within 10 days of a submission, an arbitrator shall be
 17 35 selected by a committee that includes one member chosen by the
 18  1 person refused preference, one member chosen by the appointing
 18  2 officer, board, or person, and one member who shall be a
 18  3 disinterested party selected by the other two members of the
 18  4 committee.  The arbitrator's decision is final and binding.
 18  5    Division I repeals Code section 35.7, which becomes
 18  6 redundant with the amendment to Code section 35.8.
 18  7    Under present law, the state will reimburse local
 18  8 governments for the lost tax revenue resulting from the
 18  9 military service tax exemption.  However, the amount of
 18 10 reimbursement is limited to $6.75 per $1,000 of the assessed
 18 11 value of the exemption.  Since the consolidated levies
 18 12 throughout the state exceed $6.75 per $1,000 of the assessed
 18 13 value, the local governments are not reimbursed for all the
 18 14 lost property tax revenue.  Division II of this bill increases
 18 15 the amount of the reimbursement to equal the full amount of
 18 16 the property taxes lost by local governments as a result of
 18 17 the military service tax exemption.
 18 18    Division II also limits the use of the increase
 18 19 reimbursement to local governments to property tax relief and
 18 20 infrastructure needs until July 1, 2002.
 18 21    Division II takes effect upon enactment and applies to
 18 22 taxes due and payable during fiscal years beginning on or
 18 23 after July 1, 1999.  
 18 24 LSB 1226DP 78
 18 25 tj/sc/14

Text: HSB00060                          Text: HSB00062
Text: HSB00000 - HSB00099               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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: Thu Feb 4 03:31:22 CST 1999
URL: /DOCS/GA/78GA/Legislation/HSB/00000/HSB00061/990203.html
jhf