Text: HF02333 Text: HF02335 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 35B.1, Code 2001, is amended to read as 1 2 follows: 1 3 35B.1 DEFINITIONS. 1 4 As used in this chapter, unless the context otherwise 1 5 requires, "book": 1 6 1. "Book", "list", "record", or "schedule" kept by a 1 7 county auditor, assessor, treasurer, recorder, sheriff, or 1 8 other county officer means the county system as defined in 1 9 section 445.1. 1 10 2. "Veteran" means a person who served on active duty in 1 11 the armed forces of the United States and was discharged under 1 12 honorable conditions. 1 13 Sec. 2. Section 35B.3, Code 2001, is amended to read as 1 14 follows: 1 15 35B.3 COUNTY COMMISSION OF VETERAN AFFAIRS. 1 16 The county commission of veteran affairs shall consist of 1 17 either three or five persons, as determined by the board of 1 18 supervisors, all of whom shall be veteransas defined in1 19section 35.1.If possible, each member of the commission1 20shall be a veteran of a different military action. However,1 21this qualification does not preclude membership to a veteran1 22who served in more than one of the military actions.1 23 Sec. 3. Section 35B.5, Code 2001, is amended to read as 1 24 follows: 1 25 35B.5 COMPENSATION – MILEAGE EXPENSE. 1 26 A member of the commission shall receivetwenty-fivefifty 1 27 dollars for each month during which the member attends one or 1 28 more commission meetings and shall be reimbursed for mileage 1 29 the same as a member of the board of supervisors. A member of 1 30 the commission shall also receive a per diem in the same 1 31 amount as paid to a member of the board of supervisors. If 1 32 members of the board of supervisors do not receive a per diem, 1 33 the per diem for members of the commission shall be set by the 1 34 board of supervisors. Compensation, including per diem, and 1 35 mileage shall be paid out of theappropriation authorized2 1 veteran affairs fund created in section 35B.14. 2 2 Sec. 4. Section 35B.6, subsection 1, Code 2001, is amended 2 3 to read as follows: 2 4 1. a. The members of the commission shall qualify by 2 5 taking the usual oath of office, and give bondin the sum of2 6five hundred dollars each, conditioned for the faithful2 7discharge of their duties with sureties to be approved by the2 8county auditoras required by the board of supervisors 2 9 pursuant to section 331.322, subsection 1. The commission 2 10 shall organize by the selection of one of their members as 2 11 chairperson, and one as secretary.The commission, subject to2 12the approval of the board of supervisors, shall have power to2 13employ an executive director and other necessary2 14administrative or clerical assistants when needed, the2 15compensation of such employees to be fixed by the board of2 16supervisors, but no member of the commission shall be so2 17employed.The commission may employ an executive director, 2 18 deputy director, and other administrative or clerical 2 19 assistants as needed, but a member of the commission shall not 2 20 be employed in such a position. The executive director and 2 21 deputy director must possess the same qualifications as 2 22 provided in section 35B.3 for commission members. However, if 2 23 there is no qualified veteran for a position, a qualified 2 24 nonveteran shall be employed. However, this qualification 2 25 requirement shall not apply to a person employed as an 2 26 executive director prior to July 1, 1989. The compensation of 2 27 the executive director and deputy director shall be set by the 2 28 commission. The compensation of the administrative and 2 29 clerical employees shall be set by the commission and the 2 30 compensation shall be consistent with the compensation paid to 2 31 county employees with similar administrative or clerical 2 32 positions. 2 33 b. Upon the employment of an executive director and a 2 34 deputy director, the executive director and deputy director 2 35 shall complete a course of initial training provided by the 3 1 commission of veterans affairs pursuant to section 35A.3. If 3 2 an executive director is notappointedemployed, a 3 3 commissioner oraan administrative or clerical assistant 3 4 shall complete the course of training. The commission shall 3 5 issue the executive director, deputy director, commissioner, 3 6 or administrative or clerical assistant a certificate of 3 7 training after completion of the initial training course. To 3 8 maintain annual certification, the executive director, deputy 3 9 director, commissioner, or administrative or clerical 3 10 assistant shall attend one commission training course each 3 11 year. Failure to maintain certificationmayshall be cause 3 12 for removal from office. The expenses of training shall be 3 13 paid from theappropriation authorizedcounty veteran affairs 3 14 fund created in section 35B.14. 3 15 Sec. 5. Section 35B.6, subsections 3 and 4, Code 2001, are 3 16 amended by striking the subsections. 3 17 Sec. 6. Section 35B.11, Code 2001, is amended to read as 3 18 follows: 3 19 35B.11 DATA FURNISHED STATE COMMISSION. 3 20 The commission of veteran affairs of each county shall 3 21 provide information to the state commission of veterans 3 22 affairs as the state commission may reasonably request. A 3 23 uniform system shall be established by the state commission of 3 24 veterans affairs for the requested data. 3 25 Sec. 7. Section 35B.13, Code 2001, is amended to read as 3 26 follows: 3 27 35B.13 BURIAL – EXPENSES. 3 28 The commission is responsible for the interment in a 3 29 suitable cemetery of the body of any veteran,as defined in3 30section 35.1,or the spouse, surviving spouse, or child of the 3 31 person, if the person has died without leaving sufficient 3 32 means to defray the funeral expenses. The commission may pay 3 33 the expenses in a sum not exceeding an amount established by 3 34 the board of supervisors. 3 35 Sec. 8. Section 35B.14, Code 2001, is amended by striking 4 1 the section and inserting in lieu thereof the following: 4 2 35B.14 COUNTY VETERAN AFFAIRS FUND CREATED – TAX LEVY – 4 3 EXPENDITURE. 4 4 1. A county veteran affairs fund is created in each county 4 5 treasury. The moneys in the county veteran affairs fund shall 4 6 be used for the administration of the county commission of 4 7 veteran affairs and to provide services to veterans who have 4 8 legal residence in the county. The services to indigent 4 9 veterans and their indigent spouses, surviving spouses, or 4 10 children not over eighteen years of age having legal residence 4 11 in the county, shall consist of providing food, clothing, 4 12 shelter, utilities, medical benefits, funeral expenses, 4 13 assistance with applications for county, state, or federal 4 14 benefits, or any other needs of the indigent veterans as 4 15 determined by the county commission of veteran affairs. 4 16 2. The county board of supervisors may levy an annual tax 4 17 not exceeding twenty-seven cents per thousand dollars of 4 18 assessed value of all taxable property in the county to be 4 19 credited to the county veteran affairs fund for the purposes 4 20 specified in subsection 1. Moneys in the county veteran 4 21 affairs fund shall be expended by the joint action and control 4 22 of the board of supervisors and the county commission of 4 23 veteran affairs. 4 24 Sec. 9. Section 35B.15, Code 2001, is amended to read as 4 25 follows: 4 26 35B.15 EXPENSES AND AUDIT. 4 27 Burial expenses shall be paid by the county in which the 4 28 person died. If the person is a resident of a different 4 29 county at the time of death, the latter county shall reimburse 4 30 the county where the person died for the cost of burial. In 4 31 either case, the board of supervisors of the respective 4 32 counties shall audit and pay the account from thefunds4 33provided for in this chapter in the manner as other claims are4 34audited and paidcounty veteran affairs fund created in 4 35 section 35B.14. 5 1 Sec. 10. Section 35B.16, Code 2001, is amended to read as 5 2 follows: 5 3 35B.16 MARKERS FOR GRAVES. 5 4 The county commission of veteran affairsmayshall furnish 5 5 a suitable and appropriate metal marker for the grave of each 5 6 veteran,as defined in section 35.1,who is buried within the 5 7 limits of the county. If a veteran did not serve during a 5 8 period of armed conflict or war as specified by the United 5 9 States Congress, the marker shall state "United States 5 10 veteran". If a veteran served during a period of armed 5 11 conflict or war, the marker shall designate the war or armed 5 12 conflict period in which the veteran served. The marker shall 5 13 be placed at the individual's grave to permanently mark and 5 14 designate the grave for memorial purposes. The expenses shall 5 15 be paid fromany funds raised as provided in this chapterthe 5 16 county veteran affairs fund created in section 35B.14. 5 17 Sec. 11. Section 35B.19, Code 2001, is amended by striking 5 18 the section and inserting in lieu thereof the following: 5 19 35B.19 BURIAL RECORDS. 5 20 The funeral director or undertaker in charge of the burial 5 21 of a person having a military service record shall transmit a 5 22 graves registration form relating to the deceased person to 5 23 the county commission of veteran affairs of the county in 5 24 which the person is buried. The graves registration form 5 25 shall be supplied by the county commission of veteran affairs 5 26 to funeral directors or undertakers in the county. The 5 27 information shall be recorded alphabetically and by 5 28 description of location in the cemetery in which the deceased 5 29 veteran is buried. The recording shall conform to the 5 30 directives of the state commission of veterans affairs and 5 31 shall be kept in a book by the county commission. 5 32 Sec. 12. IMPLEMENTATION OF ACT. Section 25B.2, subsection 5 33 3, does not apply to the benefits and services available to 5 34 veterans pursuant to this Act. 5 35 EXPLANATION 6 1 This bill amends Code chapter 35B relating to the 6 2 membership and powers and duties of the county commissions of 6 3 veteran affairs. 6 4 Code section 35B.1 is amended to define "veteran" to mean 6 5 any person who served on active duty in the armed forces of 6 6 the United States and was discharged under honorable 6 7 conditions. This definition includes veterans who did not 6 8 serve during a period of conflict or war as specified by the 6 9 United States Congress. 6 10 Code section 35B.3 is amended to delete provisions which 6 11 provide that members of the county commission of veteran 6 12 affairs shall represent as many different military actions as 6 13 possible. 6 14 Code section 35B.5 is amended to increase the monthly 6 15 compensation for members of the county commission of veteran 6 16 affairs attending meetings of the commission from $25 to $50. 6 17 The commissioners are also entitled to a per diem in the same 6 18 amount as provided to the members of the board of supervisors. 6 19 If members of the board of supervisors are not paid a per 6 20 diem, the board of supervisors shall set the per diem for the 6 21 county commission of veteran affairs. 6 22 Code section 35B.6 is amended to provide that a county 6 23 commissioner shall give a bond as required by the board of 6 24 supervisors. The county commission is authorized to employ an 6 25 executive director, a deputy director, and other 6 26 administrative or clerical assistants as needed. Veterans are 6 27 to be given preference for employment as executive director, 6 28 deputy director, or clerical or administrative assistants. 6 29 The compensation of the executive director and deputy director 6 30 shall be set by the county commission. The compensation of 6 31 the administrative or clerical assistants shall be set by the 6 32 commission and shall be consistent with the compensation paid 6 33 to county employees with similar administrative or clerical 6 34 positions. The officers and employees of the county 6 35 commission are to be trained and certified by the state and a 7 1 failure to maintain certification shall be cause for removal 7 2 from office. 7 3 Code section 35B.6 is amended to delete two provisions 7 4 which provide that the county auditor supply an administrative 7 5 assistant to serve the county commission and that the office 7 6 be open a minimum of four hours each day. Currently, if the 7 7 minimum office hours are not maintained, the names, home 7 8 addresses, telephone numbers, and duties of the county 7 9 commission members shall be posted. 7 10 Code section 35B.11 is amended to direct the state 7 11 commission of veterans affairs to establish a uniform 7 12 information system for the collection of necessary information 7 13 from the county commissions. 7 14 Code section 35B.14 is amended to create a county veteran 7 15 affairs fund and authorize the imposition of a tax not 7 16 exceeding $.27 per $1,000 of assessed value of taxable 7 17 property in the county to pay the expenses of the county 7 18 commission and provide services and benefits to indigent 7 19 veterans and their families having legal residence in the 7 20 county. 7 21 Code section 35B.16 is amended to provide that the county 7 22 commission shall furnish a suitable and appropriate metal 7 23 marker for the grave of each veteran buried in the county. 7 24 The markers of wartime veterans shall indicate the war or 7 25 armed conflict period during which the veteran served. The 7 26 marker for peacetime veterans shall state "United States 7 27 veteran". 7 28 Code section 35B.19 is amended to provide that the funeral 7 29 director or undertaker in charge of a veteran's funeral shall 7 30 transmit the completed graves registration form of the 7 31 veteran's burial to the county commission. 7 32 Code section 25B.2, subsection 3, does not apply to 7 33 benefits and services available to veterans pursuant to this 7 34 bill. 7 35 LSB 5783YH 79 8 1 tj/pj/5
Text: HF02333 Text: HF02335 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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