Text: HF02421 Text: HF02423 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 15E.41 NATIONAL GUARD AND 1 2 RESERVIST HOMEBUYER ASSISTANCE. 1 3 1. As used in this section, unless the context otherwise 1 4 requires: 1 5 a. "Department" means the department of economic 1 6 development. 1 7 b. "Eligible applicant" means any Iowa guardsman or 1 8 reservist activated for federal service or activated for 1 9 active state service as a result of a request to the governor 1 10 from the president of the United States after September 11, 1 11 2001. 1 12 2. The department shall establish and administer a 1 13 guardsman and reservist homebuyer assistance program. Under 1 14 the program, an eligible applicant may apply to the department 1 15 for financial assistance for a portion of the down payment on 1 16 the purchase of a house. The financial assistance shall not 1 17 exceed ten percent of the purchase price of the house and 1 18 shall be in the form of a grant. An eligible applicant may 1 19 apply for financial assistance up to three years following the 1 20 completion of active duty. 1 21 3. There is appropriated for each fiscal year from the 1 22 general fund of the state to the department of economic 1 23 development, one hundred thousand dollars to be used for 1 24 grants under the guardsman and reservist homebuyer assistance 1 25 program. 1 26 Sec. 2. Section 35.1, subsection 2, paragraph b, 1 27 subparagraph (2), Code 2001, is amended to read as follows: 1 28 (2) Former members of the Iowa national guard who served 1 29 at least twenty years in the Iowa national guard after January 1 30 28, 1973, and who were discharged under honorable conditions. 1 31 However, a member of the Iowa national guard who was activated 1 32 for federaldutyservice or who was activated for active state 1 33 service by order of the governor at the request of the 1 34 president of the United States, other than training, for a 1 35 minimum aggregate of ninety days, and was discharged under 2 1 honorable conditions or was retired under Title X of the 2 2 United States Code shall be included as a veteran. 2 3 Sec. 3. NEW SECTION. 217.35 COUNSELING SERVICES FOR 2 4 FAMILIES OF IOWA NATIONAL GUARD MEMBERS AND RESERVE FORCES OF 2 5 THE UNITED STATES. 2 6 1. The department shall provide for counseling services at 2 7 the local level upon the request of an eligible adult member 2 8 of the immediate family of a member of the Iowa national guard 2 9 or reserve forces of the United States who is ordered to 2 10 active state service or federal service or duty, to a 2 11 department of human services field services county office. If 2 12 a state or federal funding source is not available to pay for 2 13 the costs of the counseling, the costs shall be paid from any 2 14 funds appropriated to the department. 2 15 2. There is appropriated out of any funds in the state 2 16 treasury not otherwise appropriated a sum sufficient to pay 2 17 for counseling services pursuant to subsection 1. 2 18 Sec. 4. Section 237A.13, subsection 1, Code 2001, is 2 19 amended by adding the following new paragraph: 2 20 NEW PARAGRAPH. f. The child's parent, guardian, or 2 21 custodian is a member of the Iowa national guard or reserve 2 22 forces of the United States and who is absent while serving on 2 23 active state service or federal service or duty. 2 24 Sec. 5. Section 237A.13, subsection 5, Code 2001, is 2 25 amended by adding the following new paragraph after paragraph 2 26 b: 2 27 NEW PARAGRAPH. bb. Families with an income of not more 2 28 than one hundred seventy-five percent of the federal poverty 2 29 level and that have a parent, guardian, or custodian who is a 2 30 member of the Iowa national guard or reserve force of the 2 31 United States and who is absent while serving on active state 2 32 service or federal service or duty. 2 33 Sec. 6. Section 260C.14, Code Supplement 2001, is amended 2 34 by adding the following new subsection: 2 35 NEW SUBSECTION. 20. Adopt a policy to offer not less than 3 1 the following options to a student who is a member of the Iowa 3 2 national guard or reserve forces of the United States and who 3 3 is ordered to active state service or federal service or duty: 3 4 a. Receive a grade or an incomplete for a course, or an 3 5 administrative drop with a full refund, if approved by the 3 6 instructor. 3 7 b. Withdraw from all current term courses with full refund 3 8 of tuition and fees. 3 9 Sec. 7. NEW SECTION. 261.6 RESPONSE TO NATIONAL 3 10 EMERGENCY – WAIVER AUTHORITY. 3 11 1. For purposes of this section, unless the context 3 12 otherwise requires: 3 13 a. "Active duty" means "active duty" as defined in 10 3 14 U.S.C. } 101(d)(1), except that the term does not include 3 15 active duty for training or attendance at a service school. 3 16 b. "Affected individual" means an individual who is 3 17 serving on active duty during a declared national emergency; 3 18 or who resides or is employed in an area that is declared a 3 19 disaster area by any federal, state, or local official in 3 20 connection with a declared national emergency; or who suffered 3 21 direct economic hardship as a result of a declared national 3 22 emergency, as determined under a waiver or modification issued 3 23 pursuant to this section. 3 24 c. "Serving on active duty during a national emergency" 3 25 means any of the following individuals: 3 26 (1) A reserve of an armed force ordered to active duty 3 27 under 10 U.S.C. } 12301(a), 12301(g), 12302, 12304, or 12306, 3 28 or any retired member of an armed force ordered to active duty 3 29 under 10 U.S.C. } 688, as amended, for service in connection 3 30 with the emergency or subsequent actions or conditions, 3 31 regardless of the location at which the active duty service is 3 32 performed. 3 33 (2) Any other member of an armed force on active duty in 3 34 connection with the emergency or subsequent actions or 3 35 conditions who has been assigned to a duty station at a 4 1 location other than the location at which the member is 4 2 normally assigned. 4 3 2. Notwithstanding any other provision of this chapter, in 4 4 the event of a national emergency declared by the president of 4 5 the United States by reason of terrorist attack, the 4 6 commission may waive or modify any statutory or regulatory 4 7 provision applicable to state financial aid programs 4 8 established pursuant to this chapter to ensure, with regard to 4 9 affected individuals, that the following occurs: 4 10 a. The financial positions of affected individuals who are 4 11 state student loan borrowers are not worsened in relation to 4 12 those loans because of their status as affected individuals. 4 13 b. Administrative requirements placed on state student 4 14 loan borrowers are minimized, to the extent possible, without 4 15 impairing the integrity of the student loan programs, to ease 4 16 the burden on these borrowers and to avoid inadvertent 4 17 technical violations or defaults. 4 18 c. The calculation of "annual adjusted family income" and 4 19 "available income", as used in the determination of need for 4 20 student financial assistance under 20 U.S.C. } 1070 et seq., 4 21 for affected individuals, or, if applicable, for the spouses 4 22 or dependents of affected individuals, may be modified to mean 4 23 the sums received in the first calendar year of the award year 4 24 for which the determination is made, in order to reflect more 4 25 accurately the financial condition of the affected individuals 4 26 or their families. 4 27 3. Notwithstanding any other provision of this chapter, in 4 28 the event of a national emergency declared by the president of 4 29 the United States by reason of terrorist attack, the 4 30 commission may grant temporary relief from requirements 4 31 rendered infeasible or unreasonable, including due diligence 4 32 requirements and reporting deadlines, by the national 4 33 emergency, to an institution of higher education under the 4 34 state board of regents, a community college, an accredited 4 35 private institution as defined in section 261.9, eligible 5 1 lenders, and other entities participating in the state student 5 2 assistance programs in accordance with this chapter, that are 5 3 located in, or whose operations are directly affected by, 5 4 areas that are declared disaster areas by any federal, state, 5 5 or local official in connection with the national emergency. 5 6 If the commission issues a waiver in accordance with this 5 7 section, the report prepared by the commission pursuant to 5 8 section 17A.9A, subsection 5, shall include examples of 5 9 measures that a postsecondary institution may take in the 5 10 appropriate exercise of discretion, as provided in 20 U.S.C. } 5 11 1087tt, to adjust financial need and aid eligibility 5 12 determinations for affected individuals. 5 13 4. If the commission grants temporary relief to an 5 14 affected individual in accordance with subsection 3, and the 5 15 individual applies for renewal of eligibility within one year 5 16 of discharge from active duty, eligibility for state financial 5 17 assistance shall be reinstated. 5 18 5. This section shall not be construed as a requirement 5 19 that the commission exercise the waiver or modification 5 20 authority provided pursuant to this section on a case-by-case 5 21 basis. 5 22 Sec. 8. Section 262.9, Code Supplement 2001, is amended by 5 23 adding the following new subsection: 5 24 NEW SUBSECTION. 29. Direct the institutions of higher 5 25 education under its control to adopt a policy to offer not 5 26 less than the following options to a student who is a member 5 27 of the Iowa national guard or reserve forces of the United 5 28 States and who is ordered to active state service or federal 5 29 service or duty: 5 30 a. Receive a grade or an incomplete for a course, or an 5 31 administrative drop with a full refund, if approved by the 5 32 instructor. 5 33 b. Withdraw for all current term courses with full refund 5 34 of tuition and fees. 5 35 Sec. 9. Section 422.7, Code Supplement 2001, is amended by 6 1 adding the following new subsection: 6 2 NEW SUBSECTION. 38. Subtract, to the extent not otherwise 6 3 excluded, the amount of withdrawals from tax-deferred savings 6 4 accounts made during the tax year if the taxpayer or 6 5 taxpayer's spouse is a member of the Iowa national guard or 6 6 reserve forces of the United States who is ordered to active 6 7 state service or federal service or duty. In addition, a 6 8 penalty for such withdrawals shall not be assessed by the 6 9 state. 6 10 Sec. 10. IMPLEMENTATION OF ACT. Section 25B.2, subsection 6 11 3, and section 25B.7 do not apply to the benefits and property 6 12 tax exemptions and credits available to veterans pursuant to 6 13 section 2 of this Act. 6 14 EXPLANATION 6 15 New Code section 15E.41 requires the department of economic 6 16 development to create a national guard and reservist homebuyer 6 17 assistance program. The bill provides that, under the 6 18 program, an eligible applicant may apply to the department for 6 19 financial assistance for a portion of the down payment on the 6 20 purchase of a house. The bill provides that "eligible 6 21 applicant" means any member of the Iowa national guard 6 22 activated for federal service or activated for state service 6 23 as a result of a request to the governor from the president of 6 24 the United States or member of the reserve forces of the 6 25 United States who is activated for federal service after 6 26 September 11, 2001. The bill provides that the financial 6 27 assistance shall not exceed 10 percent of the purchase price 6 28 of the house and shall be in the form of a grant. The bill 6 29 provides that an eligible applicant may apply for financial 6 30 assistance up to three years following the completion of 6 31 active duty. The bill appropriates, for each fiscal year from 6 32 the general fund of the state to the department of economic 6 33 development, $100,000 to be used for grants under the national 6 34 guard and reservist homebuyer assistance program. 6 35 Code section 35.1 is amended to provide that active state 7 1 service served by a member of the Iowa national guard for a 7 2 minimum aggregate of 90 days' service and by the order of the 7 3 governor at the request of the president of the United States, 7 4 for purposes other than for training, shall qualify the member 7 5 as a veteran. The member must also be discharged under 7 6 honorable conditions or retired under Title X of the United 7 7 States Code. Current law provides that only a minimum 7 8 aggregate of 90 days of federal service qualifies even though 7 9 active state service is also federally authorized and funded. 7 10 Upon discharge under honorable conditions or retirement from 7 11 the Iowa national guard with the minimum aggregate of 90 days' 7 12 active state service, the veteran and the veteran's family are 7 13 eligible for veterans benefits including the military property 7 14 tax exemption and credit. Code section 25B.2, subsection 3, 7 15 and Code section 25B.7, relating to state funding of mandates 7 16 and property tax credits and exemptions, do not apply to the 7 17 property tax credits available to these veterans. 7 18 New Code section 217.35 provides for counseling services at 7 19 the request of an eligible adult member of the immediate 7 20 family of a member of the Iowa national guard or reserve 7 21 forces of the United States who is ordered to federal service 7 22 or duty or active state service. If funding is not otherwise 7 23 available for these services, a standing unlimited 7 24 appropriation is provided to pay for these services. 7 25 Code section 237A.13 is amended to expand income 7 26 eligibility for the child care financial assistance program up 7 27 to 175 percent of poverty for families of members of the Iowa 7 28 national guard or reserve forces of the United States during 7 29 periods of federal service or active state service. 7 30 Code sections 260C.14 and 262.9 are amended to provide for 7 31 the refund of any tuition and fees paid to the state 7 32 universities or community colleges for terms that cannot be 7 33 completed by a member of the national guard or reserve force 7 34 because of an order to federal service or active state 7 35 service. 8 1 New Code section 261.6 authorizes the college student aid 8 2 commission to waive or modify, for individuals and entities 8 3 specified in the bill, any statutory or regulatory provision 8 4 applicable to the state financial aid program in the event of 8 5 a national emergency declared by the president of the United 8 6 States by reason of terrorist attack. 8 7 Under new Code section 261.6, the waivers or modifications 8 8 may be issued for "affected individuals", defined as 8 9 individuals who are serving on active duty during the national 8 10 emergency; or who reside or are employed in an area declared a 8 11 disaster area by any federal, state, or local official in 8 12 connection with the national emergency; or who suffered direct 8 13 economic hardship as a result of the national emergency. The 8 14 commission may issue waivers or make modifications to ensure, 8 15 with regard to affected individuals, that state student loan 8 16 borrowers are not worsened in relation to those loans, 8 17 administrative requirements placed on state student loan 8 18 borrowers are minimized to ease their burdens and avoid 8 19 inadvertent technical violations or defaults, and the 8 20 calculations used to determine financial need for affected 8 21 individuals or their families may be modified to reflect more 8 22 accurately the financial condition of the affected individuals 8 23 or the affected individuals' families. 8 24 New Code section 261.6 also allows the commission to grant 8 25 temporary relief from requirements rendered infeasible or 8 26 unreasonable by the national emergency, to postsecondary 8 27 education institutions, eligible lenders, and other entities 8 28 participating in the state student assistance programs located 8 29 in, or whose operations are directly affected by, areas that 8 30 are declared disaster areas by any federal, state, or local 8 31 official in connection with the national emergency. The bill 8 32 does not require that the authority granted the commission be 8 33 exercised on a case-by-case basis. 8 34 Code section 422.7 is amended to allow withdrawals from all 8 35 types of tax-deferred savings accounts without state penalty 9 1 or tax liability by members of the national guard or reserve 9 2 force due to an order to federal service or active state 9 3 service. 9 4 LSB 5573HH 79 9 5 tj/cf/24.1
Text: HF02421 Text: HF02423 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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