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Senate File 462

Partial Bill History

Bill Text

PAG LIN
  1  1 
  1  2                                          SENATE FILE 462
  1  3 
  1  4                             AN ACT
  1  5 RELATING TO VETERANS' BENEFITS, VETERANS PREFERENCE,
  1  6    VETERANS' CLAIMS, SPECIAL VETERANS' MOTOR VEHICLE
  1  7    REGISTRATION PLATES, REIMBURSEMENT FOR MILITARY
  1  8    SERVICE TAX EXEMPTION, AND PROVIDING A PENALTY AND
  1  9    APPLICABILITY DATE.
  1 10 
  1 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 12 
  1 13                           DIVISION I
  1 14                        VETERANS BENEFITS
  1 15    Section 1.  Section 19A.9, subsection 21, unnumbered
  1 16 paragraph 1, Code 1999, is amended to read as follows:
  1 17    For veterans preference through a provision that honorably
  1 18 separated veterans who served on active duty in the armed
  1 19 forces of the United States in any war, campaign or expedition
  1 20 for which a campaign badge or service medal has been
  1 21 authorized by the government of the United States as defined
  1 22 in section 35.1 shall have five points added to the grade or
  1 23 score attained in qualifying examinations for appointment to
  1 24 jobs.
  1 25    Sec. 2.  NEW SECTION.  35.1  DEFINITIONS.
  1 26    As used in this chapter and chapters 35A through 35D:
  1 27    1.  "Commission" means the commission of veterans affairs
  1 28 created in section 35A.2.
  1 29    2.  a.  "Veteran" means a resident of this state who served
  1 30 in the armed forces of the United States at any time during
  1 31 the following dates and who was discharged under honorable
  1 32 conditions:
  1 33    (1)  World War I from April 6, 1917, through November 11,
  1 34 1918.
  1 35    (2)  Occupation of Germany from November 12, 1918, through
  2  1 July 11, 1923.
  2  2    (3)  American expeditionary forces in Siberia from November
  2  3 12, 1918, through April 30, 1920.
  2  4    (4)  Second Haitian suppression of insurrections from 1919
  2  5 through 1920.
  2  6    (5)  Second Nicaragua campaign with marines or navy in
  2  7 Nicaragua or on combatant ships from 1926 through 1933.
  2  8    (6)  Yangtze service with navy and marines in Shanghai or
  2  9 in the Yangtze valley from 1926 through 1927 and 1930 through
  2 10 1932.
  2 11    (7)  China service with navy and marines from 1937 through
  2 12 1939.
  2 13    (8)  World War II from December 7, 1941, through December
  2 14 31, 1946.
  2 15    (9)  Korean conflict from June 25, 1950, through January
  2 16 31, 1955.
  2 17    (10)  Vietnam conflict from February 28, 1961, through May
  2 18 7, 1975.
  2 19    (11)  Lebanon or Grenada service from August 24, l982,
  2 20 through July 31, 1984.
  2 21    (12)  Panama service from December 20, 1989, through
  2 22 January 31, 1990.
  2 23    (13)  Persian Gulf conflict from August 2, 1990, through
  2 24 the date the president or the Congress of the United States
  2 25 declares a cessation of hostilities.  However, if the United
  2 26 States Congress enacts a date different from August 2, 1990,
  2 27 as the beginning of the Persian Gulf conflict for purposes of
  2 28 determining whether a veteran is entitled to receive military
  2 29 benefits as a veteran of the Persian Gulf conflict, that date
  2 30 shall be substituted for August 2, 1990.
  2 31    b.  "Veteran" includes the following persons:
  2 32    (1)  Former members of the reserve forces of the United
  2 33 States who served at least twenty years in the reserve forces
  2 34 after January 28, 1973, and who were discharged under
  2 35 honorable conditions.  However, a member of the reserve forces
  3  1 of the United States who completed a minimum aggregate of
  3  2 ninety days of active federal service, other than training,
  3  3 and was discharged under honorable conditions, or was retired
  3  4 under Title X of the United States Code shall be included as a
  3  5 veteran.
  3  6    (2)  Former members of the Iowa national guard who served
  3  7 at least twenty years in the Iowa national guard after January
  3  8 28, 1973, and who were discharged under honorable conditions.
  3  9 However, a member of the Iowa national guard who was activated
  3 10 for federal duty, other than training, for a minimum aggregate
  3 11 of ninety days, and was discharged under honorable conditions
  3 12 or was retired under Title X of the United States Code shall
  3 13 be included as a veteran.
  3 14    (3)  Former members of the active, oceangoing merchant
  3 15 marines who served during World War II at any time between
  3 16 December 7, 1941, and December 31, 1946, both dates inclusive,
  3 17 who were discharged under honorable conditions.
  3 18    (4)  Former members of the women's air force service pilots
  3 19 and other persons who have been conferred veterans status
  3 20 based on their civilian duties during World War II in
  3 21 accordance with federal Pub. L. No. 95-202, 38 U.S.C. } 106.
  3 22    Sec. 3.  Section 35.8, Code 1999, is amended to read as
  3 23 follows:
  3 24    35.8  MONEY COMPRISING FUND.
  3 25    A war orphans educational aid fund is created as a separate
  3 26 fund in the state treasury under the control of the commission
  3 27 of veterans affairs.  Any money hereafter appropriated for the
  3 28 purpose of aiding in the education of orphaned children of
  3 29 honorably discharged persons who served in the military or
  3 30 naval forces of the United States in World War I or World War
  3 31 II veterans, as provided by this chapter defined in section
  3 32 35.1, shall be known as deposited in the war orphans
  3 33 educational aid fund.
  3 34    Sec. 4.  Section 35.9, unnumbered paragraph 1, Code 1999,
  3 35 is amended to read as follows:
  4  1    The commission of veterans affairs may expend not more than
  4  2 six hundred dollars per year for any one child who has lived
  4  3 in the state of Iowa for two years preceding application for
  4  4 aid, and who is the child of a person who died during World
  4  5 War I between the dates of April 6, 1917, and June 2, 1921, or
  4  6 during World War II between the dates of September 16, 1940,
  4  7 and December 31, 1946, both dates inclusive, or the Korean
  4  8 Conflict between June 25, 1950, and January 31, 1955, both
  4  9 dates inclusive, or the Vietnam Conflict between August 5,
  4 10 1964, and May 7, 1975, both dates inclusive, or the Persian
  4 11 Gulf Conflict at any time between August 2, 1990, and the date
  4 12 the president or the Congress of the United States declares a
  4 13 permanent cessation of hostilities, both dates inclusive,
  4 14 while serving in the during active federal military or naval
  4 15 forces service while serving in the armed forces or during
  4 16 active federal military service in the Iowa national guard or
  4 17 other military component of the United States, to include
  4 18 members of the reserve components performing service or duties
  4 19 required or authorized under chapter 39, United States Code
  4 20 and Title 32, United States Code, sections 502 through 505,
  4 21 and active state service required or authorized under chapter
  4 22 29A, or as a result of such service, to defray the expenses of
  4 23 tuition, matriculation, laboratory and similar fees, books and
  4 24 supplies, board, lodging, and any other reasonably necessary
  4 25 expense for such the child or children incident to attendance
  4 26 in this state at an educational or training institution of
  4 27 college grade, or in a business or vocational training school
  4 28 with standards approved by the commission of veterans affairs.
  4 29 However, if Congress enacts a date different from August 2,
  4 30 1990, as the beginning of the Persian Gulf Conflict for
  4 31 purposes of determining whether a veteran is entitled to
  4 32 receive military benefits as a veteran of the Persian Gulf
  4 33 Conflict, that date shall be substituted for August 2, 1990.
  4 34    Sec. 5.  Section 35A.8, Code 1999, is amended by adding the
  4 35 following new subsection:
  5  1    NEW SUBSECTION.  4.  a.  The executive director shall
  5  2 provide for the administration of the bonus authorized in this
  5  3 subsection.  The commission shall adopt rules, pursuant to
  5  4 chapter 17A, as necessary to administer this subsection
  5  5 including, but not limited to, application procedures,
  5  6 investigation, approval or disapproval, and payment of claims.
  5  7    b.  (1)  Each person who served on active duty in the
  5  8 active, oceangoing merchant marine service of the United
  5  9 States, at any time between December 7, 1941, and December 31,
  5 10 1946, both dates inclusive, and who served for a period of not
  5 11 less than one hundred twenty days on or before December 31,
  5 12 1946, and who at the time of entering into the merchant marine
  5 13 service was a legal resident of the state of Iowa, and who had
  5 14 maintained the person's residence in this state for a period
  5 15 of at least six months immediately before entering the
  5 16 merchant marine service, and was honorably discharged or
  5 17 separated from the merchant marine service, is entitled to
  5 18 receive from moneys appropriated for that purpose the sum of
  5 19 twelve dollars and fifty cents for each month that the person
  5 20 was on active duty in the merchant marine service, all before
  5 21 December 31, 1946, not to exceed a total sum of five hundred
  5 22 dollars.  Compensation for a fraction of a month shall not be
  5 23 considered unless the fraction is sixteen days or more, in
  5 24 which case the fraction shall be computed as a full month.
  5 25    (2)  A person is not entitled to compensation pursuant to
  5 26 this subsection if the person received a bonus or compensation
  5 27 similar to that provided in this subsection from another
  5 28 state.
  5 29    (3)  A person is not entitled to compensation pursuant to
  5 30 this subsection if the person was on active duty in the
  5 31 merchant marine service after December 7, 1941, and the person
  5 32 refused on conscientious, political, religious, or other
  5 33 grounds, to be subject to military discipline.
  5 34    (4)  The surviving unremarried widow or widower, child or
  5 35 children, mother, father, or person standing in loco parentis,
  6  1 in the order named and none other, of any deceased person,
  6  2 shall be paid the compensation that the deceased person would
  6  3 be entitled to pursuant to this subsection, if living, but if
  6  4 any person has died or shall die, or is disabled, from
  6  5 service-connected causes incurred during the period and in the
  6  6 area from which the person is entitled to receive compensation
  6  7 pursuant to this subsection, the person or the first survivor
  6  8 as designated by this subsection and in the order named, shall
  6  9 be paid five hundred dollars, regardless of the length of
  6 10 service.
  6 11    c.  A person who knowingly makes a false statement relating
  6 12 to a material fact in supporting an application under this
  6 13 subsection is guilty of a serious misdemeanor.  A person
  6 14 convicted pursuant to this subsection shall forfeit all
  6 15 benefits to which the person may have been entitled under this
  6 16 subsection.
  6 17    d.  All payments and allowances made under this subsection
  6 18 shall be exempt from taxation and from levy and sale on
  6 19 execution.
  6 20    e.  The bonus compensation authorized under this subsection
  6 21 shall be paid from moneys appropriated for that purpose.
  6 22    Sec. 6.  Section 35B.3, Code 1999, is amended to read as
  6 23 follows:
  6 24    35B.3  COUNTY COMMISSION OF VETERAN AFFAIRS.
  6 25    The county commission of veteran affairs shall consist of
  6 26 either three or five persons, as determined by the board of
  6 27 supervisors, all of whom shall be honorably discharged persons
  6 28 who served in the military or naval forces of the United
  6 29 States in any war, including World War I at any time between
  6 30 April 6, 1917, and November 11, 1918, both dates inclusive;
  6 31 World War II at any time between December 7, 1941, and
  6 32 December 31, 1946, both dates inclusive; the Korean Conflict
  6 33 at any time between June 25, 1950, and January 31, 1955, both
  6 34 dates inclusive; the Vietnam Conflict at any time between
  6 35 December 22, 1961, and May 7, 1975, both dates inclusive; and
  7  1 the Persian Gulf Conflict at any time between August 2, 1990,
  7  2 and the date the president or the Congress of the United
  7  3 States declares a permanent cessation of hostilities, both
  7  4 dates inclusive.  However, if Congress enacts a date different
  7  5 from August 2, 1990, as the beginning of the Persian Gulf
  7  6 Conflict for purposes of determining whether a veteran is
  7  7 entitled to receive military benefits as a veteran of the
  7  8 Persian Gulf Conflict, that date shall be substituted for
  7  9 August 2, 1990 veterans as defined in section 35.1.  If
  7 10 possible, each member of the commission shall be a veteran of
  7 11 a different war or conflict, so as to divide membership among
  7 12 the persons who served in World War I, World War II, the
  7 13 Korean Conflict, the Vietnam Conflict, and the Persian Gulf
  7 14 Conflict; however, military action.  However, this
  7 15 qualification does not preclude membership to a veteran who
  7 16 served in more than one of the wars or conflicts military
  7 17 actions.
  7 18    Sec. 7.  Section 35B.10, unnumbered paragraph 1, Code 1999,
  7 19 is amended to read as follows:
  7 20    All claims certified by the commission shall be reviewed by
  7 21 the board of supervisors and the county auditor shall issue
  7 22 warrants in payment of the claims.  All applications,
  7 23 investigation reports and case records are privileged
  7 24 communications and shall be held confidential, subject to use
  7 25 and inspection only by persons authorized by law in connection
  7 26 with their official duties relating to financial audits and
  7 27 the administration of this chapter.  However, the county
  7 28 commission of veteran affairs shall prepare and file in the
  7 29 office of the county auditor on or before the thirtieth day of
  7 30 each January, April, July and October a report showing the
  7 31 names and addresses case numbers of all recipients receiving
  7 32 assistance under this chapter, together with the amount paid
  7 33 to each during the preceding quarter.  Each report so filed
  7 34 shall be securely fixed in a record book to be used only for
  7 35 such reports made under this chapter.
  8  1    Sec. 8.  Section 35B.13, Code 1999, is amended to read as
  8  2 follows:
  8  3    35B.13  BURIAL – EXPENSES.
  8  4    The commission is responsible for the interment in a
  8  5 suitable cemetery of the body of any honorably discharged
  8  6 person who served in the military or naval forces of the
  8  7 United States during any war, including World War I at any
  8  8 time between April 6, 1917, and November 11, 1918, both dates
  8  9 inclusive; World War II at any time between December 7, 1941,
  8 10 and December 31, 1946, both dates inclusive; the Korean
  8 11 Conflict at any time between June 25, 1950, and January 31,
  8 12 1955, both dates inclusive; the Vietnam Conflict at any time
  8 13 between December 22, 1961, and May 7, 1975, both dates
  8 14 inclusive; and the Persian Gulf Conflict at any time between
  8 15 August 2, 1990, and the date the president or the Congress of
  8 16 the United States declares a permanent cessation of
  8 17 hostilities, both dates inclusive; veteran, as defined in
  8 18 section 35.1, or the spouse, surviving spouse, or child of the
  8 19 person, if the person has died without leaving sufficient
  8 20 means to defray the funeral expenses.  However, if Congress
  8 21 enacts a date different from August 2, 1990, as the beginning
  8 22 of the Persian Gulf Conflict for purposes of determining
  8 23 whether a veteran is entitled to receive military benefits as
  8 24 a veteran of the Persian Gulf Conflict, that date shall be
  8 25 substituted for August 2, 1990.  The commission may pay the
  8 26 expenses in a sum not exceeding an amount established by the
  8 27 board of supervisors.
  8 28    Sec. 9.  Section 35B.14, unnumbered paragraph 1, Code 1999,
  8 29 is amended to read as follows:
  8 30    The board of supervisors of each county may appropriate
  8 31 moneys for the food, clothing, shelter, utilities, medical
  8 32 benefits, and funeral expenses of honorably discharged,
  8 33 indigent persons who served in the military or naval forces of
  8 34 the United States in any war including World War I at any time
  8 35 between April 6, 1917, and November 11, 1918, both dates
  9  1 inclusive; World War II at any time between December 7, 1941,
  9  2 and December 31, 1946, both dates inclusive; the Korean
  9  3 Conflict at any time between June 25, 1950, and January 31,
  9  4 1955, both dates inclusive; the Vietnam Conflict at any time
  9  5 between December 22, 1961, and May 7, 1975, both dates
  9  6 inclusive; and the Persian Gulf Conflict at any time between
  9  7 August 2, 1990, and the date the president or the Congress of
  9  8 the United States declares a permanent cessation of
  9  9 hostilities, both dates inclusive; veterans, as defined in
  9 10 section 35.1, and their indigent spouses, surviving spouses,
  9 11 and minor children not over eighteen years of age, having a
  9 12 legal residence in the county.  However, if Congress enacts a
  9 13 date different from August 2, 1990, as the beginning of the
  9 14 Persian Gulf Conflict for purposes of determining whether a
  9 15 veteran is entitled to receive military benefits as a veteran
  9 16 of the Persian Gulf Conflict, that date shall be substituted
  9 17 for August 2, 1990.
  9 18    Sec. 10.  Section 35B.16, Code 1999, is amended to read as
  9 19 follows:
  9 20    35B.16  MARKERS FOR GRAVES.
  9 21    The county commission of veteran affairs may furnish a
  9 22 suitable and appropriate metal marker for the grave of each
  9 23 honorably discharged person, who served in the military or
  9 24 naval forces of the United States during any war, including
  9 25 World War I at any time between April 6, 1917, and November
  9 26 11, 1918, both dates inclusive; World War II at any time
  9 27 between December 7, 1941, and December 31, 1946, both dates
  9 28 inclusive; the Korean Conflict at any time between June 25,
  9 29 1950, and January 31, 1955, both dates inclusive; the Vietnam
  9 30 Conflict at any time between December 22, 1961, and May 7,
  9 31 1975, both dates inclusive; and the Persian Gulf Conflict at
  9 32 any time between August 2, 1990, and the date the president or
  9 33 the Congress of the United States declares a permanent
  9 34 cessation of hostilities, both dates inclusive; and veteran,
  9 35 as defined in section 35.1, who is buried within the limits of
 10  1 the county, to.  The marker shall be placed at the
 10  2 individual's grave to permanently mark and designate the grave
 10  3 for memorial purposes.  The expenses shall be paid from any
 10  4 funds raised as provided in this chapter.  If Congress enacts
 10  5 a date different from August 2, 1990, as the beginning of the
 10  6 Persian Gulf Conflict for purposes of determining whether a
 10  7 veteran is entitled to receive military benefits as a veteran
 10  8 of the Persian Gulf Conflict, that date shall be substituted
 10  9 for August 2, 1990.
 10 10    Sec. 11.  Section 35C.3, Code 1999, is amended to read as
 10 11 follows:
 10 12    35C.3  DUTY TO INVESTIGATE AND APPOINT.
 10 13    When any preferred person shall apply applies for
 10 14 appointment or employment under this chapter, the officer,
 10 15 board, or person whose duty it is or may be to appoint or
 10 16 employ some a person to fill such the position or place shall,
 10 17 before appointing or employing anyone a person to fill such
 10 18 the position or place, make an investigation as to the
 10 19 qualifications of said the applicant for such the place or
 10 20 position, and if the applicant is of good moral character and
 10 21 can perform the duties of said the position so applied for, as
 10 22 hereinbefore provided, said the officer, board, or person
 10 23 shall appoint said the applicant to such the position, place,
 10 24 or employment.  Said The appointing officer, board, or person
 10 25 shall set forth in writing and file for public inspection, the
 10 26 specific grounds upon which it is held that the person
 10 27 appointed is entitled to said appointment, or in the case such
 10 28 appointment is refused, the specific grounds for the refusal
 10 29 thereof refused to appoint the person.  Within ten days after
 10 30 an appointment is refused, the appointing officer, board, or
 10 31 person shall notify the unsuccessful applicant in writing of
 10 32 the specific grounds for refusal.
 10 33    Sec. 12.  NEW SECTION.  35C.5A  ARBITRATION.
 10 34    In addition to the remedies provided in sections 35C.4 and
 10 35 35C.5, a person belonging to a class of persons qualifying for
 11  1 a preference may submit any refusal to allow a preference, or
 11  2 any reduction of the person's salary as described in section
 11  3 35C.4, to arbitration within sixty days after written
 11  4 notification of the refusal or reduction.  Within ten days
 11  5 after any submission, an arbitrator shall be selected by a
 11  6 committee that includes one member chosen by the person
 11  7 refused preference, one member chosen by the appointing
 11  8 officer, board, or person, and one member who shall be a
 11  9 disinterested party selected by the other two members of the
 11 10 committee.  A list of qualified arbitrators may be obtained
 11 11 from the American arbitration association or other recognized
 11 12 arbitration organization or association.  The decision of the
 11 13 arbitrator shall be final and binding on the parties.
 11 14    Sec. 13.  Section 37.10, unnumbered paragraph 1, Code 1999,
 11 15 is amended to read as follows:
 11 16    Each commissioner shall be an honorably discharged soldier,
 11 17 sailor, marine, airman, or coast guard member a veteran, as
 11 18 defined in section 35.1, and be a resident of the county in
 11 19 which the memorial hall or monument is located.
 11 20    Sec. 14.  Section 282.6, unnumbered paragraph 1, Code 1999,
 11 21 is amended to read as follows:
 11 22    Every school shall be free of tuition to all actual
 11 23 residents between the ages of five and twenty-one years and to
 11 24 resident honorably discharged soldiers, sailors, and marines
 11 25 veterans as defined in section 35.1, as many months after
 11 26 becoming twenty-one years of age as they have spent in the
 11 27 military or naval service armed forces of the United States
 11 28 before they became twenty-one, provided, however, fees may be
 11 29 charged covering instructional costs for a summer school or
 11 30 drivers education program.  The board of education may, in a
 11 31 hardship case, exempt a student from payment of the above
 11 32 fees.  Every person, however, who shall attend any school
 11 33 after graduation from a four-year course in an approved high
 11 34 school or its equivalent shall be charged a sufficient tuition
 11 35 fee to cover the cost of the instruction received by such the
 12  1 person.
 12  2    Sec. 15.  Section 321.34, Code 1999, is amended by adding
 12  3 the following new subsection:
 12  4    NEW SUBSECTION.  15.  LEGION OF MERIT SPECIAL PLATES.  The
 12  5 owner of a motor vehicle subject to registration under section
 12  6 321.109, subsection 1, light delivery truck, panel delivery
 12  7 truck, or pickup who has been awarded the legion of merit may,
 12  8 upon written application to the department and presentation of
 12  9 satisfactory proof of the award of the legion of merit as
 12 10 established by the Congress of the United States, order
 12 11 special registration plates with a legion of merit processed
 12 12 emblem.  The emblem shall be designed by the department in
 12 13 cooperation with the adjutant general and shall signify that
 12 14 the owner was awarded the legion of merit.  The application is
 12 15 subject to approval by the department, in consultation with
 12 16 the adjutant general.  The special plates shall be issued at
 12 17 no charge and are subject to an annual registration fee of
 12 18 fifteen dollars.  The county treasurer shall validate the
 12 19 special plates in the same manner as regular registration
 12 20 plates are validated under this section.
 12 21    The surviving spouse of a person who was issued special
 12 22 plates under this subsection may continue to use or apply for
 12 23 and use the special plates subject to registration of the
 12 24 special plates in the surviving spouse's name and upon payment
 12 25 of the annual registration fee.  If the surviving spouse
 12 26 remarries, the surviving spouse shall return the special
 12 27 plates to the department and the department shall issue
 12 28 regular registration plates to the surviving spouse.
 12 29    Sec. 16.  Section 331.608, subsection 8, Code 1999, is
 12 30 amended to read as follows:
 12 31    8.  As used in this section, "veteran" means a man or woman
 12 32 veteran as defined in section 35.1 who enlisted or was
 12 33 inducted from the county, resided at any time in the county,
 12 34 or is buried in the county and who served as a member of a
 12 35 branch of the armed forces of the United States of America, as
 13  1 a member of the merchant marine during the time of war, during
 13  2 the Korean Conflict beginning June 25, 1950, and ending
 13  3 January 31, 1955, both dates inclusive, or during the Vietnam
 13  4 Conflict beginning August 5, 1964, and ending June 30, 1973,
 13  5 both dates inclusive, or as a member of the armed forces of a
 13  6 country allied with the United States of America or the armed
 13  7 forces of Iowa or another state or territory.
 13  8    Sec. 17.  Section 400.10, Code 1999, is amended to read as
 13  9 follows:
 13 10    400.10  PREFERENCES.
 13 11    In all examinations and appointments under this chapter,
 13 12 other than promotions and appointments of chief of the police
 13 13 department and chief of the fire department, honorably
 13 14 discharged veterans from the military or naval forces of the
 13 15 United States in any war in which the United States has been
 13 16 engaged, including the Korean Conflict at any time between
 13 17 June 25, 1950, and January 31, 1955, both dates inclusive, the
 13 18 Vietnam Conflict beginning August 5, 1964, and ending May 7,
 13 19 1975, both dates inclusive, and the Persian Gulf Conflict
 13 20 beginning August 2, 1990, and ending on the date specified by
 13 21 the president or the Congress of the United States as the date
 13 22 of permanent cessation of hostilities, both dates inclusive,
 13 23 and as defined in section 35.1, who are citizens and residents
 13 24 of this state, shall have five points added to the veteran's
 13 25 grade or score attained in qualifying examinations for
 13 26 appointment to positions and five additional points added to
 13 27 the grade or score if the veteran has a service-connected
 13 28 disability or is receiving compensation, disability benefits
 13 29 or pension under laws administered by the veterans
 13 30 administration.  However, if the Congress of the United States
 13 31 enacts a date different from August 2, 1990, as the beginning
 13 32 of the Persian Gulf Conflict to determine the eligibility of a
 13 33 veteran for military benefits as a veteran of the Persian Gulf
 13 34 Conflict, the date enacted by the Congress of the United
 13 35 States shall be substituted for August 2, 1990.  An honorably
 14  1 discharged veteran who has been awarded the Purple Heart for
 14  2 disabilities incurred in action shall be considered to have a
 14  3 service-connected disability.  However, the points shall be
 14  4 given only upon passing the exam and shall not be the
 14  5 determining factor in passing.
 14  6    For the purposes of this section World War II shall be from
 14  7 December 7, 1941, to December 31, 1946, both dates inclusive.
 14  8    Sec. 18.  Section 427.3, subsections 1, 2, and 3, Code
 14  9 1999, are amended to read as follows:
 14 10    1.  The property, not to exceed two thousand seven hundred
 14 11 seventy-eight dollars in taxable value of any honorably
 14 12 discharged soldier, sailor, marine, or nurse veteran, as
 14 13 defined in section 35.1, of the first World War.
 14 14    2.  The property, not to exceed one thousand eight hundred
 14 15 fifty-two dollars in taxable value of an honorably separated,
 14 16 retired, furloughed to a reserve, placed on inactive status,
 14 17 or discharged soldier, sailor, marine, or nurse of the second
 14 18 World War from December 7, 1941, to December 31, 1946, army of
 14 19 occupation in Germany from November 12, 1918, to July 11,
 14 20 1923, American expeditionary forces in Siberia from November
 14 21 12, 1918, to April 30, 1920, second Nicaraguan campaign with
 14 22 the navy or marines in Nicaragua or on combatant ships 1926-
 14 23 1933, second Haitian suppression of insurrections 1919-1920,
 14 24 navy and marine operations in China 1937-1939 and Yangtze
 14 25 service with navy and marines in Shanghai or in the Yangtze
 14 26 Valley 1926-1927 and 1930-1932 or of the Korean Conflict at
 14 27 any time between June 25, 1950, and January 31, 1955, both
 14 28 dates inclusive, or those who served on active duty during the
 14 29 Vietnam Conflict beginning December 22, 1961, and ending May
 14 30 7, 1975, both dates inclusive, or those who served on active
 14 31 duty during the Persian Gulf Conflict at any time between
 14 32 August 2, 1990, and the date the president or the Congress of
 14 33 the United States declares a permanent cessation of
 14 34 hostilities, both dates inclusive veteran, as defined in
 14 35 section 35.1.  However, if Congress enacts a date different
 15  1 from August 2, 1990, as the beginning of the Persian Gulf
 15  2 Conflict for purposes of determining whether a veteran is
 15  3 entitled to receive military benefits as a veteran of the
 15  4 Persian Gulf Conflict, that date shall be substituted for
 15  5 August 2, 1990.  For the purposes of this section, "active
 15  6 duty" means full-time duty in the armed forces of the United
 15  7 States, excluding active duty for training purposes only and
 15  8 excluding any period a person was assigned by the armed forces
 15  9 to a civilian institution for a course of education or
 15 10 training which was substantially the same as established
 15 11 courses offered to civilians, or as a cadet or midshipman,
 15 12 however enrolled, at one of the service academies.
 15 13    3.  Where the word "soldier veteran" appears in this
 15 14 chapter, it includes, without limitation, the members of the
 15 15 United States air force and the United States merchant marine.
 15 16    Sec. 19.  Section 427.4, Code 1999, is amended to read as
 15 17 follows:
 15 18    427.4  EXEMPTIONS TO RELATIVES.
 15 19    In case any person in the foregoing classifications does
 15 20 not claim any such the exemption from taxation, it shall be
 15 21 allowed in the name of such the person to the same extent on
 15 22 the property of any one of the following persons in the order
 15 23 named:
 15 24    1.  The spouse, or surviving spouse remaining unmarried, of
 15 25 any such soldier, sailor, marine, or nurse a veteran, as
 15 26 defined in section 35.1, where they are living together or
 15 27 were living together at the time of the death of such person
 15 28 the veteran.
 15 29    2.  The parent whose spouse is deceased and who remains
 15 30 unmarried, of any such soldier, sailor, marine, or nurse a
 15 31 veteran, as defined in section 35.1, whether living or
 15 32 deceased, where such the parent is, or was at the time of
 15 33 death of the soldier, sailor, marine, or nurse veteran,
 15 34 dependent on such person the veteran for support.
 15 35    3.  The minor child, or children owning property as tenants
 16  1 in common, of any such a deceased soldier, sailor, marine, or
 16  2 nurse veteran, as defined in section 35.1.
 16  3    No more than one tax exemption shall be allowed under this
 16  4 section or section 427.3 in the name of any honorably
 16  5 discharged soldier, sailor, marine, or nurse a veteran, as
 16  6 defined in section 35.1.
 16  7    Sec. 20.  Section 483A.24, subsection 13, Code 1999, is
 16  8 amended to read as follows:
 16  9    13.  Upon payment of the fee of thirty dollars for a
 16 10 lifetime hunting and fishing combined license, the department
 16 11 shall issue a hunting and fishing combined license to a
 16 12 resident of Iowa who is a veteran, as defined in section 35.1,
 16 13 who was disabled during the period of a veteran's service
 16 14 listed in this subsection or who was a prisoner of war during
 16 15 that veteran's military service.  The department shall prepare
 16 16 an application to be used by a person requesting a hunting and
 16 17 fishing combined license under this subsection.  The
 16 18 commission of veterans affairs shall assist the department in
 16 19 verifying the status or claims of applicants under this
 16 20 subsection.  As used in this subsection, "veteran" means a
 16 21 person who is a resident of Iowa and who served in the armed
 16 22 forces of the United States of America at any time during
 16 23 World War I between the dates of April 6, 1917, and July 2,
 16 24 1921, World War II between the dates of December 7, 1941, and
 16 25 December 31, 1946, the Korean Conflict between the dates of
 16 26 June 27, 1950, and January 31, 1955, the Vietnam Conflict
 16 27 between August 5, 1964, and May 7, 1975, or the Persian Gulf
 16 28 Conflict between August 2, 1990, and the date the president or
 16 29 the Congress of the United States declares a permanent
 16 30 cessation of hostilities, all dates inclusive, and "disabled"
 16 31 means entitled to compensation under the United States Code,
 16 32 Title 38, chapter 11.
 16 33    Sec. 21.  Section 35.7, Code 1999, is repealed.  
 16 34                           DIVISION II
 16 35       MILITARY SERVICE PROPERTY TAX CREDIT AND EXEMPTION
 17  1    Sec. 22.  Section 25B.7, subsection 2, paragraph c, Code
 17  2 1999, is amended to read as follows:
 17  3    c.  Military service property tax credit and exemption
 17  4 pursuant to chapter 426A and sections 427.3 through 427.7, to
 17  5 the extent of six dollars and seventy-five ninety-two cents
 17  6 per thousand dollars of assessed value of the exempt property.
 17  7    Sec. 23.  Section 426A.2, Code 1999, is amended to read as
 17  8 follows:
 17  9    426A.2  MILITARY SERVICE TAX CREDIT.
 17 10    The moneys shall be apportioned each year so as to replace
 17 11 all or a portion of the tax which would be due on property
 17 12 eligible for military service tax exemption in the state, if
 17 13 the property were subject to taxation, the amount of the
 17 14 credit to be not more than six dollars and seventy-five
 17 15 ninety-two cents per thousand dollars of assessed value of
 17 16 property which would be subject to the tax, except for the
 17 17 military service tax exemption.
 17 18    Sec. 24.  Division II of this Act applies to the military
 17 19 service property tax exemption claims allowed on or after
 17 20 January 1, 2000.  
 17 21 
 17 22 
 17 23                                                             
 17 24                               MARY E. KRAMER
 17 25                               President of the Senate
 17 26 
 17 27 
 17 28                                                             
 17 29                               BRENT SIEGRIST
 17 30                               Speaker of the House
 17 31 
 17 32    I hereby certify that this bill originated in the Senate and
 17 33 is known as Senate File 462, Seventy-eighth General Assembly.
 17 34 
 17 35 
 18  1                                                             
 18  2                               MICHAEL E. MARSHALL
 18  3                               Secretary of the Senate
 18  4 Approved                , 1999
 18  5 
 18  6 
 18  7                               
 18  8 THOMAS J. VILSACK
 18  9 Governor
     
Text: SF00461                           Text: SF00463
Text: SF00400 - SF00499                 Text: SF Index
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