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House File 2261

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 35A.1, subsection 1, Code 2001, is
  1  2 amended to read as follows:
  1  3    1.  "Commandant" "Administrator" means the commandant
  1  4 administrator of the Iowa veterans home appointed in section
  1  5 35D.13.
  1  6    Sec. 2.  Section 35A.3, subsection 4, Code 2001, is amended
  1  7 to read as follows:
  1  8    4.  Supervise the commandant's administrator's
  1  9 administration of commission policy for the operations and
  1 10 conduct of the Iowa veterans home.
  1 11    Sec. 3.  Section 35A.8, subsection 3, Code 2001, is amended
  1 12 to read as follows:
  1 13    3.  Except for the employment duties and responsibilities
  1 14 assigned to the commandant administrator for the Iowa veterans
  1 15 home, the executive director shall employ such personnel as
  1 16 are necessary for the performance of the duties and
  1 17 responsibilities assigned to the commission.  All employees
  1 18 shall be selected on a basis of fitness for the work to be
  1 19 performed with due regard to training and experience and shall
  1 20 be subject to the provisions of chapter 19A.
  1 21    Sec. 4.  Section 35A.9, subsections 1 and 2, Code 2001, are
  1 22 amended to read as follows:
  1 23    1.  The executive director, commandant administrator, and
  1 24 employees of the commission and the Iowa veterans home are
  1 25 entitled to receive, in addition to salary, reimbursement for
  1 26 actual expenses incurred while engaged in the performance of
  1 27 official duties.
  1 28    2.  All out-of-state travel by commissioners, the executive
  1 29 director, the commandant administrator, or employees of the
  1 30 commission or the Iowa veterans home shall be approved by the
  1 31 chairperson of the commission.
  1 32    Sec. 5.  Section 35A.10, subsection 2, Code 2001, is
  1 33 amended to read as follows:
  1 34    2.  The commandant administrator and the commission shall
  1 35 have plans and specifications prepared by the department of
  2  1 general services for authorized construction, repair, or
  2  2 improvement projects in excess of twenty-five thousand
  2  3 dollars.  An appropriation for a project shall not be expended
  2  4 until the department of general services has adopted plans and
  2  5 specifications and has completed a detailed estimate of the
  2  6 cost of the project, prepared under the supervision of a
  2  7 registered architect or registered professional engineer.
  2  8    Sec. 6.  Section 35D.1, subsection 2, paragraph a, Code
  2  9 2001, is amended to read as follows:
  2 10    a.  "Commandant" "Administrator" means the commandant
  2 11 administrator of the Iowa veterans home appointed pursuant to
  2 12 section 35D.13.
  2 13    Sec. 7.  Section 35D.2, subsection 1, Code 2001, is amended
  2 14 to read as follows:
  2 15    1.  Persons described in section 35D.1 who do not have
  2 16 sufficient means for their own support, or are disabled by
  2 17 disease, wounds, old age, or otherwise, and are unable to earn
  2 18 a livelihood, and who are residents of the state of Iowa on
  2 19 the date of the application and immediately preceding the date
  2 20 the application is accepted, may be admitted to the home as
  2 21 members under rules adopted by the commission.  Eligibility
  2 22 determinations are subject to approval by the commandant
  2 23 administrator.
  2 24    Sec. 8.  Section 35D.5, Code 2001, is amended to read as
  2 25 follows:
  2 26    35D.5  SURVIVING SPOUSES OF VETERANS.
  2 27    If a deceased veteran, who would be entitled to admission
  2 28 to the home if the deceased veteran were living, has left a
  2 29 surviving spouse, the spouse is entitled to admission to the
  2 30 home with the same rights, privileges and benefits as if the
  2 31 veteran were living and a member of the home, if the spouse
  2 32 was married to the veteran for at least one year immediately
  2 33 prior to the veteran's death, is found by the commandant
  2 34 administrator to be disabled, does not have sufficient means
  2 35 for support and maintenance, and is a resident of the state of
  3  1 Iowa on the date of the application and immediately preceding
  3  2 the date the application is accepted.
  3  3    Sec. 9.  Section 35D.6, Code 2001, is amended to read as
  3  4 follows:
  3  5    35D.6  CERTIFICATE OF ELIGIBILITY.
  3  6    Before admission, each applicant shall file with the
  3  7 commandant administrator an affidavit signed by two members of
  3  8 the commission of veteran affairs of the county in which the
  3  9 person resides, stating that the person to the best of their
  3 10 knowledge and belief is a resident of that county and that the
  3 11 person is unable to earn a livelihood and the person's income,
  3 12 exclusive of pension, compensation, war risk insurance
  3 13 payments, or pensions or annuities under the Social Security
  3 14 Act and the Railroad Retirement Acts, is less than is
  3 15 sufficient to provide the type of health care necessary for
  3 16 the person's welfare.  The affidavit is conclusive evidence of
  3 17 the residence of the person but is prima facie only in all
  3 18 other matters affecting the eligibility of the applicant and
  3 19 the liability of the county with respect to the expense of the
  3 20 person for which the county may be liable.  All records of
  3 21 admission shall show the residence of the applicant.
  3 22    Sec. 10.  Section 35D.7, subsections 2 and 3, Code 2001,
  3 23 are amended to read as follows:
  3 24    2.  Sums paid to and received by the commandant
  3 25 administrator for the support of members of the home shall be
  3 26 paid monthly by the commandant administrator to the treasurer
  3 27 of state and credited to the general fund of the state.
  3 28    3.  The commandant administrator may require any member of
  3 29 the home to render assistance in the care of the home and its
  3 30 grounds as the member's psycho-social and physical condition
  3 31 permit, as a phase of that member's rehabilitation program.
  3 32 The commandant administrator shall compensate each member who
  3 33 furnishes assistance at rates established by the commission.
  3 34    Sec. 11.  Section 35D.10, Code 2001, is amended to read as
  3 35 follows:
  4  1    35D.10  PAYMENT TO DEPENDENTS.
  4  2    Except as otherwise provided in chapter 249A and other
  4  3 provisions of this chapter, a member of the home who receives
  4  4 a pension or compensation and who has a child, as defined in
  4  5 section 234.1, or a spouse who is dependent upon employment or
  4  6 others for support shall deposit with the commandant
  4  7 administrator on receipt of the member's pension or
  4  8 compensation check one-half of its amount, which shall be sent
  4  9 at once to the spouse or, if there is no spouse, to the
  4 10 guardian of the child.  The commandant administrator, if
  4 11 satisfied that the spouse has deserted the member of the home,
  4 12 may pay the money deposited to the guardian of the child.
  4 13    Sec. 12.  Section 35D.11, Code 2001, is amended to read as
  4 14 follows:
  4 15    35D.11  HANDLING OF PENSION MONEY AND OTHER FUNDS.
  4 16    1.  Pension money deposited with the commandant
  4 17 administrator is not assignable for any purpose except as
  4 18 provided in sections 35D.10 and 35D.16, or in accordance with
  4 19 subsection 2 of this section.
  4 20    2.  The commandant administrator, if authorized by a member
  4 21 of the home, and pursuant to policies adopted by the
  4 22 commission, may act on behalf of that member in receiving,
  4 23 disbursing, and accounting for personal funds of the member
  4 24 received from any source.  The authorization may be given by
  4 25 the member at any time and shall not be a condition of
  4 26 admission to the home.
  4 27    Sec. 13.  Section 35D.12, Code 2001, is amended to read as
  4 28 follows:
  4 29    35D.12  BANK ACCOUNT FOR MEMBERS' DEPOSITS.
  4 30    1.  The Iowa veterans home, for the convenience of its
  4 31 members, may maintain a commercial account with a federally
  4 32 insured bank for the individual personal deposits of its
  4 33 members.  The account shall be known as the Iowa veterans home
  4 34 membership account.  The commandant administrator shall record
  4 35 each member's personal deposits individually and shall deposit
  5  1 the funds in the membership account, where the members'
  5  2 deposits shall be held in the aggregate.
  5  3    2.  The commandant administrator, if authorized by a member
  5  4 of the home, and pursuant to policies adopted by the
  5  5 commission, may make withdrawals against that member's
  5  6 personal account to pay regular bills and other expenses
  5  7 incurred by the member.  The authorization may be given by the
  5  8 member at any time and shall not be a condition of admission
  5  9 to the home.
  5 10    Sec. 14.  Section 35D.13, Code 2001, is amended to read as
  5 11 follows:
  5 12    35D.13  COMMANDANT ADMINISTRATOR.
  5 13    1.  The governor shall appoint a commandant an
  5 14 administrator, subject to senate confirmation, who shall serve
  5 15 at the pleasure of the governor as the chief executive of the
  5 16 home.  The commandant administrator shall report directly to
  5 17 the commission and shall have the immediate custody and
  5 18 control, subject to the orders of the commission, of all
  5 19 property used in connection with the home.
  5 20    2.  The commandant administrator must be a resident of the
  5 21 state of Iowa, an honorably discharged veteran who served in
  5 22 the armed forces of the United States during a conflict or
  5 23 war, and a licensed nursing home administrator.  As used in
  5 24 this section, the dates of service in a conflict or war shall
  5 25 coincide with the dates of service established by the Congress
  5 26 of the United States.
  5 27    3.  The salary of the commandant administrator shall be
  5 28 fixed by the governor within salary guidelines or a range
  5 29 established by the general assembly.  In addition to salary,
  5 30 the commission shall furnish the commandant administrator with
  5 31 a dwelling house or with appropriate quarters and additional
  5 32 allowances, as provided in section 218.14 for executive heads
  5 33 of state institutions.
  5 34    Sec. 15.  Section 35D.14, Code 2001, is amended to read as
  5 35 follows:
  6  1    35D.14  PERSONNEL – EXPENSES – COMPENSATION.
  6  2    The commandant administrator or the commandant's
  6  3 administrator's designee shall employ such personnel as are
  6  4 necessary for the performance of the duties and
  6  5 responsibilities assigned to the commandant administrator.
  6  6 All employees shall be selected on a basis of fitness for the
  6  7 work to be performed with due regard to training and
  6  8 experience and shall be subject to the provisions of chapter
  6  9 19A.
  6 10    The commandant administrator and employees of the Iowa
  6 11 veterans home are entitled to receive, in addition to salary,
  6 12 reimbursement for actual expenses incurred while engaged in
  6 13 the performance of official duties pursuant to section 35A.9.
  6 14    Sec. 16.  Section 35D.15, Code 2001, is amended to read as
  6 15 follows:
  6 16    35D.15  RULES ENFORCED – POWER TO SUSPEND AND EXPEL
  6 17 MEMBERS.
  6 18    The commandant administrator shall administer and enforce
  6 19 all rules adopted by the commission, including rules of
  6 20 discipline and, subject to these rules, may immediately
  6 21 suspend the membership of and expel any person from the home
  6 22 for infraction of the rules when the commandant administrator
  6 23 determines that the health, safety, or welfare of the
  6 24 residents of the home is in immediate danger and other
  6 25 reasonable alternatives have been exhausted.  The suspension
  6 26 and expulsion are temporary pending action by the commission.
  6 27 Judicial review of the action of the commission may be sought
  6 28 in accordance with chapter 17A.
  6 29    Sec. 17.  Section 35D.17, Code 2001, is amended to read as
  6 30 follows:
  6 31    35D.17  REPORT BY COMMANDANT ADMINISTRATOR.
  6 32    The commandant administrator shall, biennially, make a full
  6 33 and detailed report to the governor, the commission, and the
  6 34 general assembly, showing the condition of the home, the
  6 35 number of members in the Iowa veterans home, the order and
  7  1 discipline enforced, and the needs of the home financially and
  7  2 otherwise, together with an itemized statement of all receipts
  7  3 and disbursements and any other matters of importance in the
  7  4 management and control of the Iowa veterans home.  
  7  5                           EXPLANATION
  7  6    This bill changes the official title of the commandant of
  7  7 the Iowa veterans home to administrator of the Iowa veterans
  7  8 home.  
  7  9 LSB 5506YH 79
  7 10 bm/pj/5
     

Text: HF02260                           Text: HF02262
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Bills and Amendments: General Index     Bill History: General Index

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