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PAG LIN 1 1 DIVISION I 1 2 VETERAN BENEFITS 1 3 Section 1. Section 19A.9, subsection 21, unnumbered 1 4 paragraph 1, Code 1999, is amended to read as follows: 1 5 For veterans preference through a provision thathonorably1 6separatedveteranswho served on active duty in the armed1 7forces of the United States in any war, campaign or expedition1 8for which a campaign badge or service medal has been1 9authorized by the government of the United Statesas defined 1 10 in section 35.1 shall have five points added to the grade or 1 11 score attained in qualifying examinations for appointment to 1 12 jobs. 1 13 Sec. 2. NEW SECTION. 35.1 DEFINITIONS. 1 14 As used in this chapter and chapters 35A through 35D: 1 15 1. "Commission" means the commission of veterans affairs 1 16 created in section 35A.2. 1 17 2. "Veteran" means a resident of this state who served in 1 18 the armed forces of the United States and who was discharged 1 19 under honorable conditions. "Veteran" includes the following 1 20 persons: 1 21 a. Former members of the reserve forces of the United 1 22 States who served at least twenty years in the reserve forces 1 23 after January 28, 1973, and who were discharged under 1 24 honorable conditions. However, a member of the reserve forces 1 25 of the United States who completed a minimum aggregate of 1 26 ninety days of active federal service, other than training, 1 27 and was discharged under honorable conditions, or was retired 1 28 under Title X of the United States Code shall be included as a 1 29 veteran. 1 30 b. Former members of the Iowa national guard who served at 1 31 least twenty years in the Iowa national guard after January 1 32 28, 1973, and who were discharged under honorable conditions. 1 33 However, a member of the Iowa national guard who was activated 1 34 for federal duty, other than training, for a minimum aggregate 1 35 of ninety days, and was discharged under honorable conditions 2 1 or was retired under Title X of the United States Code shall 2 2 be included as a veteran. 2 3 c. Former members of the active, oceangoing merchant 2 4 marines who served during World War II at any time between 2 5 December 7, 1941, and December 31, 1946, both dates inclusive, 2 6 who were discharged under honorable conditions. 2 7 d. Former members of the women's air force service pilots 2 8 and other persons who have been conferred veterans status 2 9 based on their civilian duties during World War II in 2 10 accordance with federal Pub. L. No. 95-202, 38 U.S.C. } 106. 2 11 Sec. 3. Section 35.8, Code 1999, is amended to read as 2 12 follows: 2 13 35.8 MONEY COMPRISING FUND. 2 14 A war orphans educational aid fund is created as a separate 2 15 fund in the state treasury under the control of the commission 2 16 of veterans affairs. Any moneyhereafterappropriated for the 2 17 purpose of aiding in the education of orphaned children of 2 18honorably discharged persons who served in the military or2 19naval forces of the United States in World War I or World War2 20IIveterans, asprovided by this chapterdefined in section 2 21 35.1, shall beknown asdeposited in the war orphans 2 22 educational aid fund. 2 23 Sec. 4. Section 35.9, unnumbered paragraph 1, Code 1999, 2 24 is amended to read as follows: 2 25 The commission of veterans affairs may expend not more than 2 26 six hundred dollars per year for any one child who has lived 2 27 in the state of Iowa for two years preceding application for 2 28 aid, and who is the child of a person who diedduring World2 29War I between the dates of April 6, 1917, and June 2, 1921, or2 30during World War II between the dates of September 16, 1940,2 31and December 31, 1946, both dates inclusive, or the Korean2 32Conflict between June 25, 1950, and January 31, 1955, both2 33dates inclusive, or the Vietnam Conflict between August 5,2 341964, and May 7, 1975, both dates inclusive, or the Persian2 35Gulf Conflict at any time between August 2, 1990, and the date3 1the president or the Congress of the United States declares a3 2permanent cessation of hostilities, both dates inclusive,3 3while serving in theduring active federal militaryor naval3 4forcesservice while serving in the armed forces or during 3 5 active federal military service in the Iowa national guard or 3 6 other military component of the United States,to include3 7members of the reserve components performing service or duties3 8required or authorized under chapter 39, United States Code3 9and Title 32, United States Code, sections 502 through 505,3 10and active state service required or authorized under chapter3 1129A, or as a result of such service,to defray the expenses of 3 12 tuition, matriculation, laboratory and similar fees, books and 3 13 supplies, board, lodging, and any other reasonably necessary 3 14 expense forsuchthe child or children incident to attendance 3 15 in this state at an educational or training institution of 3 16 college grade, or in a business or vocational training school 3 17 with standards approved by the commission of veterans affairs. 3 18However, if Congress enacts a date different from August 2,3 191990, as the beginning of the Persian Gulf Conflict for3 20purposes of determining whether a veteran is entitled to3 21receive military benefits as a veteran of the Persian Gulf3 22Conflict, that date shall be substituted for August 2, 1990.3 23 Sec. 5. Section 35A.8, Code 1999, is amended by adding the 3 24 following new subsection: 3 25 NEW SUBSECTION. 4. a. The executive director shall 3 26 provide for the administration of the bonus authorized in this 3 27 subsection. The commission shall adopt rules, pursuant to 3 28 chapter 17A, as necessary to administer this subsection 3 29 including, but not limited to, application procedures, 3 30 investigation, approval or disapproval, and payment of claims. 3 31 b. (1) Each person who served on active duty in the 3 32 active, oceangoing merchant marine service of the United 3 33 States, at any time between September 16, 1940, and September 3 34 2, 1945, both dates inclusive, and who served for a period of 3 35 not less than one hundred twenty days on or before December 4 1 31, 1946, and who at the time of entering into the merchant 4 2 marine service was a legal resident of the state of Iowa, and 4 3 who had maintained the person's residence in this state for a 4 4 period of at least six months immediately before entering the 4 5 merchant marine service, and was honorably discharged or 4 6 separated from the merchant marine service, is entitled to 4 7 receive from moneys appropriated for that purpose the sum of 4 8 twelve dollars and fifty cents for each month that the person 4 9 was on active duty in the merchant marine service, all before 4 10 December 31, 1946, not to exceed a total sum of five hundred 4 11 dollars. Compensation for a fraction of a month shall not be 4 12 considered unless the fraction is sixteen days or more, in 4 13 which case the fraction shall be computed as a full month. 4 14 (2) A person is not entitled to compensation pursuant to 4 15 this subsection if the person received a bonus or compensation 4 16 similar to that provided in this subsection from another 4 17 state. 4 18 (3) A person is not entitled to compensation pursuant to 4 19 this subsection if the person was on active duty in the 4 20 merchant marine service after September 16, 1940, and the 4 21 person refused on conscientious, political, religious, or 4 22 other grounds, to be subject to military discipline. 4 23 (4) The surviving unremarried widow or widower, child or 4 24 children, mother, father, or person standing in loco parentis, 4 25 in the order named and none other, of any deceased person, 4 26 shall be paid the compensation that the deceased person would 4 27 be entitled to pursuant to this subsection, if living, but if 4 28 any person has died or shall die, or is disabled, from 4 29 service-connected causes incurred during the period and in the 4 30 area from which the person is entitled to receive compensation 4 31 pursuant to this subsection, the person or the first survivor 4 32 as designated by this subsection and in the order named, shall 4 33 be paid five hundred dollars, regardless of the length of 4 34 service. 4 35 c. A person who knowingly makes a false statement relating 5 1 to a material fact in supporting an application under this 5 2 subsection is guilty of a serious misdemeanor. A person 5 3 convicted pursuant to this subsection shall forfeit all 5 4 benefits to which the person may have been entitled under this 5 5 subsection. 5 6 d. All payments and allowances made under this subsection 5 7 shall be exempt from taxation and from levy and sale on 5 8 execution. 5 9 e. The bonus compensation authorized under this subsection 5 10 shall be paid from moneys appropriated for that purpose. 5 11 Sec. 6. Section 35B.3, Code 1999, is amended to read as 5 12 follows: 5 13 35B.3 COUNTY COMMISSION OF VETERAN AFFAIRS. 5 14 The county commission of veteran affairs shall consist of 5 15 either three or five persons, as determined by the board of 5 16 supervisors, all of whom shall behonorably discharged persons5 17who served in the military or naval forces of the United5 18States in any war, including World War I at any time between5 19April 6, 1917, and November 11, 1918, both dates inclusive;5 20World War II at any time between December 7, 1941, and5 21December 31, 1946, both dates inclusive; the Korean Conflict5 22at any time between June 25, 1950, and January 31, 1955, both5 23dates inclusive; the Vietnam Conflict at any time between5 24December 22, 1961, and May 7, 1975, both dates inclusive; and5 25the Persian Gulf Conflict at any time between August 2, 1990,5 26and the date the president or the Congress of the United5 27States declares a permanent cessation of hostilities, both5 28dates inclusive. However, if Congress enacts a date different5 29from August 2, 1990, as the beginning of the Persian Gulf5 30Conflict for purposes of determining whether a veteran is5 31entitled to receive military benefits as a veteran of the5 32Persian Gulf Conflict, that date shall be substituted for5 33August 2, 1990veterans as defined in section 35.1. If 5 34 possible, each member of the commission shall be a veteran of 5 35 a differentwar or conflict, so as to divide membership among6 1the persons who served in World War I, World War II, the6 2Korean Conflict, the Vietnam Conflict, and the Persian Gulf6 3Conflict; however,military action. However, this 6 4 qualification does not preclude membership to a veteran who 6 5 served in more than one of thewars or conflictsmilitary 6 6 actions. 6 7 Sec. 7. Section 35B.10, unnumbered paragraph 1, Code 1999, 6 8 is amended to read as follows: 6 9 All claims certified by the commission shall be reviewed by 6 10 the board of supervisors and the county auditor shall issue 6 11 warrants in payment of the claims. All applications, 6 12 investigation reports and case records are privileged 6 13 communications and shall be held confidential, subject to use 6 14 and inspection only by persons authorized by law in connection 6 15 with their official duties relating to financial audits and 6 16 the administration of this chapter. However, the county 6 17 commission of veteran affairs shall prepare and file in the 6 18 office of the county auditor on or before the thirtieth day of 6 19 each January, April, July and October a report showing the6 20names and addressescase numbers of all recipients receiving 6 21 assistance under this chapter, together with the amount paid 6 22 to each during the preceding quarter. Each report so filed 6 23 shall be securely fixed in a record book to be used only for 6 24 such reports made under this chapter. 6 25 Sec. 8. Section 35B.13, Code 1999, is amended to read as 6 26 follows: 6 27 35B.13 BURIAL – EXPENSES. 6 28 The commission is responsible for the interment in a 6 29 suitable cemetery of the body of anyhonorably discharged6 30person who served in the military or naval forces of the6 31United States during any war, including World War I at any6 32time between April 6, 1917, and November 11, 1918, both dates6 33inclusive; World War II at any time between December 7, 1941,6 34and December 31, 1946, both dates inclusive; the Korean6 35Conflict at any time between June 25, 1950, and January 31,7 11955, both dates inclusive; the Vietnam Conflict at any time7 2between December 22, 1961, and May 7, 1975, both dates7 3inclusive; and the Persian Gulf Conflict at any time between7 4August 2, 1990, and the date the president or the Congress of7 5the United States declares a permanent cessation of7 6hostilities, both dates inclusive;veteran, as defined in 7 7 section 35.1, or the spouse, surviving spouse, or child of the 7 8 person, if the person has died without leaving sufficient 7 9 means to defray the funeral expenses.However, if Congress7 10enacts a date different from August 2, 1990, as the beginning7 11of the Persian Gulf Conflict for purposes of determining7 12whether a veteran is entitled to receive military benefits as7 13a veteran of the Persian Gulf Conflict, that date shall be7 14substituted for August 2, 1990.The commission may pay the 7 15 expenses in a sum not exceeding an amount established by the 7 16 board of supervisors. 7 17 Sec. 9. Section 35B.14, unnumbered paragraph 1, Code 1999, 7 18 is amended to read as follows: 7 19 The board of supervisors of each county may appropriate 7 20 moneys for the food, clothing, shelter, utilities, medical 7 21 benefits, and funeral expenses ofhonorably discharged,7 22 indigentpersons who served in the military or naval forces of7 23the United States in any war including World War I at any time7 24between April 6, 1917, and November 11, 1918, both dates7 25inclusive; World War II at any time between December 7, 1941,7 26and December 31, 1946, both dates inclusive; the Korean7 27Conflict at any time between June 25, 1950, and January 31,7 281955, both dates inclusive; the Vietnam Conflict at any time7 29between December 22, 1961, and May 7, 1975, both dates7 30inclusive; and the Persian Gulf Conflict at any time between7 31August 2, 1990, and the date the president or the Congress of7 32the United States declares a permanent cessation of7 33hostilities, both dates inclusive;veterans, as defined in 7 34 section 35.1, and their indigent spouses, surviving spouses, 7 35 and minor children not over eighteen years of age, having a 8 1 legal residence in the county.However, if Congress enacts a8 2date different from August 2, 1990, as the beginning of the8 3Persian Gulf Conflict for purposes of determining whether a8 4veteran is entitled to receive military benefits as a veteran8 5of the Persian Gulf Conflict, that date shall be substituted8 6for August 2, 1990.8 7 Sec. 10. Section 35B.16, Code 1999, is amended to read as 8 8 follows: 8 9 35B.16 MARKERS FOR GRAVES. 8 10 The county commission of veteran affairs may furnish a 8 11 suitable and appropriate metal marker for the grave of each 8 12honorably discharged person, who served in the military or8 13naval forces of the United States during any war, including8 14World War I at any time between April 6, 1917, and November8 1511, 1918, both dates inclusive; World War II at any time8 16between December 7, 1941, and December 31, 1946, both dates8 17inclusive; the Korean Conflict at any time between June 25,8 181950, and January 31, 1955, both dates inclusive; the Vietnam8 19Conflict at any time between December 22, 1961, and May 7,8 201975, both dates inclusive; and the Persian Gulf Conflict at8 21any time between August 2, 1990, and the date the president or8 22the Congress of the United States declares a permanent8 23cessation of hostilities, both dates inclusive; andveteran, 8 24 as defined in section 35.1, who is buried within the limits of 8 25 the county, to. The marker shall be placed at the 8 26 individual's grave to permanently mark and designate the grave 8 27 for memorial purposes. The expenses shall be paid from any 8 28 funds raised as provided in this chapter.If Congress enacts8 29a date different from August 2, 1990, as the beginning of the8 30Persian Gulf Conflict for purposes of determining whether a8 31veteran is entitled to receive military benefits as a veteran8 32of the Persian Gulf Conflict, that date shall be substituted8 33for August 2, 1990.8 34 Sec. 11. Section 35C.3, Code 1999, is amended to read as 8 35 follows: 9 1 35C.3 DUTY TO INVESTIGATE AND APPOINT. 9 2 When any preferred personshall applyapplies for 9 3 appointment or employment under this chapter, the officer, 9 4 board, or person whose duty it is or may be to appoint or 9 5 employsomea person to fillsuchthe position or place shall, 9 6 before appointing or employinganyonea person to fillsuch9 7 the position or place, make an investigation as to the 9 8 qualifications ofsaidthe applicant forsuchthe place or 9 9 position, and if the applicant is of good moral character and 9 10 can perform the duties ofsaidthe positionsoapplied for,as9 11hereinbefore provided, saidthe officer, board, or person 9 12 shall appointsaidthe applicant tosuchthe position, place, 9 13 or employment.SaidThe appointing officer, board, or person 9 14 shall set forth in writing and file for public inspection,the 9 15 specific grounds upon which itis held that the person9 16 appointedis entitled to said appointment,orin the case such9 17appointment is refused, the specific grounds for the refusal9 18thereofrefused to appoint the person. Within ten days after 9 19 an appointment is refused, the appointing officer, board, or 9 20 person shall notify the unsuccessful applicant in writing of 9 21 the specific grounds for refusal. 9 22 Sec. 12. NEW SECTION. 35C.5A ARBITRATION. 9 23 In addition to the remedies provided in sections 35C.4 and 9 24 35C.5, a person belonging to a class of persons qualifying for 9 25 a preference may submit any refusal to allow a preference, or 9 26 any reduction of the person's salary as described in section 9 27 35C.4, to arbitration within sixty days after written 9 28 notification of the refusal or reduction. Within ten days 9 29 after any submission, an arbitrator shall be selected by a 9 30 committee that includes one member chosen by the person 9 31 refused preference, one member chosen by the appointing 9 32 officer, board, or person, and one member who shall be a 9 33 disinterested party selected by the other two members of the 9 34 committee. A list of qualified arbitrators may be obtained 9 35 from the American arbitration association or other recognized 10 1 arbitration organization or association. The decision of the 10 2 arbitrator shall be final and binding on the parties. 10 3 Sec. 13. Section 37.10, unnumbered paragraph 1, Code 1999, 10 4 is amended to read as follows: 10 5 Each commissioner shall bean honorably discharged soldier,10 6sailor, marine, airman, or coast guard membera veteran, as 10 7 defined in section 35.1, and be a resident of the county in 10 8 which the memorial hall or monument is located. 10 9 Sec. 14. Section 282.6, unnumbered paragraph 1, Code 1999, 10 10 is amended to read as follows: 10 11 Every school shall be free of tuition to all actual 10 12 residents between the ages of five and twenty-one years and to 10 13 residenthonorably discharged soldiers, sailors, and marines10 14 veterans as defined in section 35.1, as many months after 10 15 becoming twenty-one years of age as they have spent in the 10 16military or naval servicearmed forces of the United States 10 17 before they became twenty-one, provided, however, fees may be 10 18 charged covering instructional costs for a summer school or 10 19 drivers education program. The board of education may, in a 10 20 hardship case, exempt a student from payment of the above 10 21 fees. Every person, however, who shall attend any school 10 22 after graduation from a four-year course in an approved high 10 23 school or its equivalent shall be charged a sufficient tuition 10 24 fee to cover the cost of the instruction received bysuchthe 10 25 person. 10 26 Sec. 15. Section 331.608, subsection 8, Code 1999, is 10 27 amended to read as follows: 10 28 8. As used in this section, "veteran" means aman or woman10 29 veteran as defined in section 35.1 who enlisted or was 10 30 inducted from the county, resided at any time in the county, 10 31 or is buried in the countyand who served as a member of a10 32branch of the armed forces of the United States of America, as10 33a member of the merchant marine during the time of war, during10 34the Korean Conflict beginning June 25, 1950, and ending10 35January 31, 1955, both dates inclusive, or during the Vietnam11 1Conflict beginning August 5, 1964, and ending June 30, 1973,11 2both dates inclusive, or as a member of the armed forces of a11 3country allied with the United States of America or the armed11 4forces of Iowa or another state or territory. 11 5 Sec. 16. Section 400.10, Code 1999, is amended to read as 11 6 follows: 11 7 400.10 PREFERENCES. 11 8 In all examinations and appointments under this chapter, 11 9 other than promotions and appointments of chief of the police 11 10 department and chief of the fire department,honorably11 11dischargedveteransfrom the military or naval forces of the11 12United States in any war in which the United States has been11 13engaged, including the Korean Conflict at any time between11 14June 25, 1950, and January 31, 1955, both dates inclusive, the11 15Vietnam Conflict beginning August 5, 1964, and ending May 7,11 161975, both dates inclusive, and the Persian Gulf Conflict11 17beginning August 2, 1990, and ending on the date specified by11 18the president or the Congress of the United States as the date11 19of permanent cessation of hostilities, both dates inclusive,11 20andas defined in section 35.1, who are citizens and residents 11 21 of this state, shall have five points added to the veteran's 11 22 grade or score attained in qualifying examinations for 11 23 appointment to positions and five additional points added to 11 24 the grade or score if the veteran has a service-connected 11 25 disability or is receiving compensation, disability benefits 11 26 or pension under laws administered by the veterans 11 27 administration.However, if the Congress of the United States11 28enacts a date different from August 2, 1990, as the beginning11 29of the Persian Gulf Conflict to determine the eligibility of a11 30veteran for military benefits as a veteran of the Persian Gulf11 31Conflict, the date enacted by the Congress of the United11 32States shall be substituted for August 2, 1990.An honorably 11 33 discharged veteran who has been awarded the Purple Heart for 11 34 disabilities incurred in action shall be considered to have a 11 35 service-connected disability. However, the points shall be 12 1 given only upon passing the exam and shall not be the 12 2 determining factor in passing. 12 3For the purposes of this section World War II shall be from12 4December 7, 1941, to December 31, 1946, both dates inclusive.12 5 Sec. 17. Section 427.3, subsections 1, 2, and 3, Code 12 6 1999, are amended to read as follows: 12 7 1. The property, not to exceed two thousand seven hundred 12 8 seventy-eight dollars in taxable value of anyhonorably12 9discharged soldier, sailor, marine, or nurseveteran, as 12 10 defined in section 35.1, of the first World War. 12 11 2. The property, not to exceed one thousand eight hundred 12 12 fifty-two dollars in taxable value of an honorably separated, 12 13 retired, furloughed to a reserve, placed on inactive status, 12 14 or dischargedsoldier, sailor, marine, or nurse of the second12 15World War from December 7, 1941, to December 31, 1946, army of12 16occupation in Germany from November 12, 1918, to July 11,12 171923, American expeditionary forces in Siberia from November12 1812, 1918, to April 30, 1920, second Nicaraguan campaign with12 19the navy or marines in Nicaragua or on combatant ships 1926-12 201933, second Haitian suppression of insurrections 1919-1920,12 21navy and marine operations in China 1937-1939 and Yangtze12 22service with navy and marines in Shanghai or in the Yangtze12 23Valley 1926-1927 and 1930-1932 or of the Korean Conflict at12 24any time between June 25, 1950, and January 31, 1955, both12 25dates inclusive, or those who served on active duty during the12 26Vietnam Conflict beginning December 22, 1961, and ending May12 277, 1975, both dates inclusive, or those who served on active12 28duty during the Persian Gulf Conflict at any time between12 29August 2, 1990, and the date the president or the Congress of12 30the United States declares a permanent cessation of12 31hostilities, both dates inclusiveveteran, as defined in 12 32 section 35.1.However, if Congress enacts a date different12 33from August 2, 1990, as the beginning of the Persian Gulf12 34Conflict for purposes of determining whether a veteran is12 35entitled to receive military benefits as a veteran of the13 1Persian Gulf Conflict, that date shall be substituted for13 2August 2, 1990. For the purposes of this section, "active13 3duty" means full-time duty in the armed forces of the United13 4States, excluding active duty for training purposes only and13 5excluding any period a person was assigned by the armed forces13 6to a civilian institution for a course of education or13 7training which was substantially the same as established13 8courses offered to civilians, or as a cadet or midshipman,13 9however enrolled, at one of the service academies.13 10 3. Where the word "soldierveteran" appears in this 13 11 chapter, it includes, without limitation, the members of the 13 12 United States air force and the United States merchant marine. 13 13 Sec. 18. Section 427.4, Code 1999, is amended to read as 13 14 follows: 13 15 427.4 EXEMPTIONS TO RELATIVES. 13 16 In case any person in the foregoing classifications does 13 17 not claimany suchthe exemption from taxation, it shall be 13 18 allowed in the name ofsuchthe person to the same extent on 13 19 the property of any one of the following persons in the order 13 20 named: 13 21 1. The spouse, or surviving spouse remaining unmarried, of 13 22any such soldier, sailor, marine, or nursea veteran, as 13 23 defined in section 35.1, where they are living together or 13 24 were living together at the time of the death ofsuch person13 25 the veteran. 13 26 2. The parent whose spouse is deceased and who remains 13 27 unmarried, ofany such soldier, sailor, marine, or nursea 13 28 veteran, as defined in section 35.1, whether living or 13 29 deceased, wheresuchthe parent is, or was at the time of 13 30 death of thesoldier, sailor, marine, or nurseveteran, 13 31 dependent onsuch personthe veteran for support. 13 32 3. The minor child, or children owning property as tenants 13 33 in common, ofany sucha deceasedsoldier, sailor, marine, or13 34nurseveteran, as defined in section 35.1. 13 35 No more than one tax exemption shall be allowed under this 14 1 section or section 427.3 in the name ofany honorably14 2discharged soldier, sailor, marine, or nursea veteran, as 14 3 defined in section 35.1. 14 4 Sec. 19. Section 483A.24, subsection 13, Code 1999, is 14 5 amended to read as follows: 14 6 13. Upon payment of the fee of thirty dollars for a 14 7 lifetime hunting and fishing combined license, the department 14 8 shall issue a hunting and fishing combined license to a 14 9 resident of Iowa who is a veteran, as defined in section 35.1, 14 10 who was disabledduring the period of a veteran's service14 11listed in this subsectionorwhowas a prisoner of war during 14 12 that veteran's military service. The department shall prepare 14 13 an application to be used by a person requesting a hunting and 14 14 fishing combined license under this subsection. The 14 15 commission of veterans affairs shall assist the department in 14 16 verifying the status or claims of applicants under this 14 17 subsection. As used in this subsection,"veteran" means a14 18person who is a resident of Iowa and who served in the armed14 19forces of the United States of America at any time during14 20World War I between the dates of April 6, 1917, and July 2,14 211921, World War II between the dates of December 7, 1941, and14 22December 31, 1946, the Korean Conflict between the dates of14 23June 27, 1950, and January 31, 1955, the Vietnam Conflict14 24between August 5, 1964, and May 7, 1975, or the Persian Gulf14 25Conflict between August 2, 1990, and the date the president or14 26the Congress of the United States declares a permanent14 27cessation of hostilities, all dates inclusive, and"disabled" 14 28 means entitled to compensation under the United States Code, 14 29 Title 38, chapter 11. 14 30 Sec. 20. Section 35.7, Code 1999, is repealed. 14 31 DIVISION II 14 32 MILITARY SERVICE PROPERTY TAX CREDIT AND EXEMPTION 14 33 Sec. 21. Section 25B.7, subsection 2, paragraph c, Code 14 34 1999, is amended to read as follows: 14 35 c. Military service property tax credit and exemption 15 1 pursuant to chapter 426A and sections 427.3 through 427.7, to 15 2 the extent ofsixten dollars andseventy-fivethirty-five 15 3 cents per thousand dollars of assessed value of the exempt 15 4 property. 15 5 Sec. 22. Section 426A.2, Code 1999, is amended to read as 15 6 follows: 15 7 426A.2 MILITARY SERVICE TAX CREDIT. 15 8 The moneys shall be apportioned each year so as to replace 15 9 all or a portion of the tax which would be due on property 15 10 eligible for military service tax exemption in the state, if 15 11 the property were subject to taxation, the amount of the 15 12 credit to be not more thansixten dollars andseventy-five15 13 thirty-five cents per thousand dollars of assessed value of 15 14 property which would be subject to the tax, except for the 15 15 military service tax exemption. 15 16 Sec. 23. The increase in state reimbursement resulting 15 17 from the amendment to section 426A.2 in this Act is subject to 15 18 the limitation on its use by local governments as provided in 15 19 section 25B.7, subsection 3. 15 20 Sec. 24. Division II of this Act applies to the military 15 21 service property tax exemption claims allowed on or after 15 22 January 1, 2000. 15 23 EXPLANATION 15 24 Division I of this bill redefines "veteran" to include 15 25 persons who served in the armed forces of the United States 15 26 during peacetime or in civilian occupations which have been 15 27 given military status when performed during actual conflict or 15 28 in war zones. 15 29 In addition to the persons who served during wars or 15 30 military conflicts, the term "veteran" is redefined to include 15 31 former members of the armed forces who served on active duty 15 32 during peacetime and were discharged under honorable 15 33 conditions, former members of the national guard or military 15 34 reserve who served 20 or more years after January 28, 1973, 15 35 and were discharged under honorable conditions, former members 16 1 of the active, oceangoing merchant marines who served during 16 2 World War II and were discharged under honorable conditions, 16 3 and former members of the women's air force service pilots and 16 4 other persons who have been conferred veterans status based on 16 5 their civilian duties during World War II pursuant to federal 16 6 law. A veteran also includes a member of the reserve forces 16 7 of the United States or the Iowa national guard who was 16 8 activated for federal service for at least 90 days or 16 9 completed at least 90 days of active federal service, 16 10 excluding training, and was discharged or retired under 16 11 honorable conditions. The definition change makes these 16 12 persons and their families eligible for veteran benefits, such 16 13 as military service property tax exemptions and credits, 16 14 education benefits for veterans' children, burial benefits, 16 15 employment preferences, bonus compensation for active, 16 16 oceangoing merchant marines during World War II, and benefits 16 17 for indigent veterans and their families. A veteran also 16 18 receives a preference in state employment. 16 19 Division I establishes a bonus compensation for merchant 16 20 marines who served during World War II and were discharged 16 21 under honorable conditions or for qualified relatives of 16 22 deceased merchant marines. The bonus is to be administered by 16 23 the executive director of the state commission of veterans 16 24 affairs. The bonus amounts to $12.50 for each month served on 16 25 active duty, not to exceed a total of $500. A person applying 16 26 for bonus compensation who knowingly makes a false statement 16 27 relating to a material fact commits a serious misdemeanor and 16 28 forfeits all rights to such compensation. 16 29 Division I amends the military service property tax 16 30 exemption provisions to correspond to the new definition of 16 31 veteran. 16 32 Division I replaces the term "honorably discharged persons" 16 33 with the term "veteran" for purposes of memorial markers 16 34 placed by county commissions of veteran affairs, for 16 35 membership on county commissions of veteran affairs, for 17 1 payment of burial expenses of veterans, for payments to 17 2 indigent veterans, and for the war orphans educational aid 17 3 fund. This change expands the number of persons eligible for 17 4 veterans preference and for lifetime hunting and fishing 17 5 licenses. 17 6 Claims certified by a county commission of veteran affairs 17 7 are required to be reviewed by the county board of supervisors 17 8 and the county auditor then issues warrants in payment of the 17 9 claims. The Code requires the county commissions to prepare 17 10 and file quarterly in the county auditor's office a report 17 11 showing the names and addresses of all recipients of 17 12 assistance. Division I requires that case numbers, rather 17 13 than names and addresses, be used to identify recipients. 17 14 Under Division I, when a person who qualifies for a 17 15 veterans preference applies for an appointment or employment, 17 16 and is refused the appointment or employment, the appointing 17 17 officer, board, or person is required, within 10 days of the 17 18 refusal, to notify the unsuccessful applicant in writing of 17 19 the specific grounds for refusal. 17 20 If a person who belongs to a class of persons qualifying 17 21 for veterans preference is refused a preference or receives a 17 22 qualifying reduction in salary, the Code currently allows the 17 23 person the remedies of judicial review and appeal. Division I 17 24 adds arbitration as a third remedy. Within 60 days after 17 25 written notification of the refusal or reduction, the person 17 26 affected may submit the refusal or reduction to arbitration. 17 27 Within 10 days of a submission, an arbitrator shall be 17 28 selected by a committee that includes one member chosen by the 17 29 person refused preference, one member chosen by the appointing 17 30 officer, board, or person, and one member who shall be a 17 31 disinterested party selected by the other two members of the 17 32 committee. The arbitrator's decision is final and binding. 17 33 Division I repeals Code section 35.7, which becomes 17 34 redundant with the amendment to Code section 35.8. 17 35 Under present law, the state will reimburse local 18 1 governments for the lost tax revenue resulting from the 18 2 military service tax exemption. However, the amount of 18 3 reimbursement is limited to $6.75 per $1,000 of the assessed 18 4 value of the exemption. Since the consolidated levies 18 5 throughout the state exceed $6.75 per $1,000 of the assessed 18 6 value, the local governments are not reimbursed for all the 18 7 lost property tax revenue. This bill increases the amount of 18 8 the reimbursement to $10.35 per $1,000 of the assessed value. 18 9 Division II also limits the use of the increased 18 10 reimbursement to local governments to property tax relief and 18 11 infrastructure needs until July 1, 2002. 18 12 Division II applies to military service property tax 18 13 exemption claims allowed on or after January 1, 2000. 18 14 LSB 1226SV 78 18 15 tj/sc/14
Text: SF00290 Text: SF00292 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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