Text: SF02152                           Text: SF02154
Text: SF02100 - SF02199                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index



Senate File 2153

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 35A.8, Code 2001, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  5.  a.  The executive director shall
  1  4 provide for the administration of the bonus authorized in this
  1  5 subsection.  The commission shall adopt rules, pursuant to
  1  6 chapter 17A, as necessary to administer this subsection
  1  7 including, but not limited to, application procedures,
  1  8 investigations, approval or disapproval, and payment of
  1  9 claims.
  1 10    b.  (1)  A person who served not less than one hundred
  1 11 twenty days on active duty in the armed forces of the United
  1 12 States at any time between July 1, 1973, and May 7, 1975, both
  1 13 dates inclusive, and who at the time of entering into service
  1 14 was a legal resident of this state, and who had maintained the
  1 15 residence for a period of at least six months immediately
  1 16 before entering into service, and was honorably separated or
  1 17 discharged from such service, or is still in active service in
  1 18 an honorable status or has retired, or has been furloughed to
  1 19 a reserve, or has been placed on inactive status, who earned
  1 20 either a Vietnam service medal or an armed forces
  1 21 expeditionary medal-Vietnam for service between July 1, 1973,
  1 22 and May 7, 1975, both dates inclusive, or can otherwise
  1 23 establish service in the Vietnam service area during that
  1 24 period, shall be entitled to receive from the military service
  1 25 compensation fund seventeen dollars and fifty cents for each
  1 26 month that the person was in the Vietnam service area and
  1 27 twelve dollars and fifty cents for each month that the person
  1 28 was not in the Vietnam service area, not to exceed a total sum
  1 29 of five hundred dollars.
  1 30    (2)  A person who is otherwise qualified under this
  1 31 subsection, except that the person did not earn either the
  1 32 Vietnam service medal or the armed forces expeditionary medal-
  1 33 Vietnam and did not serve in the Vietnam service area, shall
  1 34 be entitled to receive from the military service compensation
  1 35 fund twelve dollars and fifty cents for each month that the
  2  1 person was in active service between July 1, 1973, and May 7,
  2  2 1975, both dates inclusive, not to exceed a total of three
  2  3 hundred dollars.
  2  4    (3)  A person is not entitled to compensation pursuant to
  2  5 this subsection if the person received a bonus or compensation
  2  6 similar to that provided in this subsection from another state
  2  7 or similar compensation from this state for military service
  2  8 prior to July 1, 1973.
  2  9    (4)  A person is not entitled to compensation pursuant to
  2 10 this subsection if the person was on active duty in the armed
  2 11 forces of the United States after July 1, 1973, and the person
  2 12 refused on conscientious, political, religious, or other
  2 13 grounds, to be subject to military discipline.
  2 14    (5)  The surviving unremarried widow or widower, child or
  2 15 children, mother, father, or person standing in loco parentis,
  2 16 in the order named, of a deceased person, shall be paid the
  2 17 compensation that the deceased person would be entitled to
  2 18 pursuant to this subsection, if living.  However, if a person
  2 19 dies or has died, or is disabled, from service-connected
  2 20 causes incurred during the period and in the area for which
  2 21 the person is entitled to receive compensation pursuant to
  2 22 this subsection, the person or the first survivor as
  2 23 designated by this subsection, and in the order named, shall
  2 24 be paid five hundred dollars or three hundred dollars,
  2 25 whichever maximum rate the person would have been entitled to
  2 26 receive, regardless of the length of the service.
  2 27    c.  A person who knowingly makes a false statement relating
  2 28 to a material fact in supporting an application under this
  2 29 subsection is guilty of a serious misdemeanor.  A person
  2 30 convicted pursuant to this subsection shall forfeit all
  2 31 benefits to which the person may have been entitled under this
  2 32 subsection.
  2 33    d.  All payments and allowances made under this subsection
  2 34 shall be exempt from taxation and from levy and sale on
  2 35 execution.
  3  1    e.  A military service compensation fund is created in the
  3  2 state treasury.  The military service compensation fund shall
  3  3 consist of all moneys appropriated to the fund.  Moneys in the
  3  4 military service compensation fund are appropriated to the
  3  5 commission to pay the compensation authorized in this
  3  6 subsection.  Notwithstanding section 12C.7, interest or
  3  7 earnings on investments or time deposits of the moneys in the
  3  8 military service compensation fund shall be credited to the
  3  9 military service compensation fund.  Section 8.33 does not
  3 10 apply to moneys in the military service compensation fund.
  3 11    f.  As used in this subsection, "active duty in the armed
  3 12 forces of the United States" means full-time duty in the armed
  3 13 forces of the United States, excluding active duty for
  3 14 training purposes only and excluding any period a person was
  3 15 assigned by the armed forces to a civilian institution for a
  3 16 course of education or training which was substantially the
  3 17 same as established courses offered to civilians, or as a
  3 18 cadet or midshipman, however enrolled, at one of the service
  3 19 academies.
  3 20    Sec. 2.  Section 422.7, Code Supplement 2001, is amended by
  3 21 adding the following new subsection:
  3 22    NEW SUBSECTION.  38.  Subtract, to the extent included,
  3 23 income received as military service compensation for active
  3 24 duty served between July 1, 1973, and May 7, 1975, pursuant to
  3 25 section 35A.8, subsection 5.  
  3 26                           EXPLANATION
  3 27    This bill provides for military service compensation for
  3 28 veterans who served on active duty in the armed forces of the
  3 29 United States during the period beginning July 1, 1973, and
  3 30 ending May 7, 1975, both in the Vietnam service area and
  3 31 outside the Vietnam service area.  The bill provides the same
  3 32 military service compensation to veterans who served on active
  3 33 duty in the armed forces of the United States after the
  3 34 original closing date, June 30, 1973, and who earned a Vietnam
  3 35 service medal or an armed forces expeditionary medal-Vietnam
  4  1 due to extension of the conflict dates by the United States
  4  2 Congress to May 7, 1975, as veterans received for active duty
  4  3 service between July 1, 1958, and June 30, 1973.
  4  4    Veterans receive $17.50 per day for each month of service
  4  5 in the Vietnam service area and $12.50 for each month of
  4  6 service outside the Vietnam service area, up to a maximum of
  4  7 $500.  Veterans who served on active duty only outside the
  4  8 Vietnam service area receive $12.50 for each month of service,
  4  9 up to a maximum of $300.
  4 10    The surviving unremarried widow or widower, child or
  4 11 children, mother, father, or person standing in loco parentis,
  4 12 in the order named, of a deceased person shall be paid the
  4 13 compensation that the deceased person would be entitled to
  4 14 pursuant to this bill, if living.  However, if the person dies
  4 15 or has died, or is disabled, from service-connected causes
  4 16 incurred during the period and in the area for which the
  4 17 person is entitled to receive compensation pursuant to this
  4 18 bill, the person or the first survivor as designated by this
  4 19 bill, and in the order named, shall be paid $500 or $300,
  4 20 whichever maximum rate the person would have been entitled to
  4 21 receive, regardless of the length of service.
  4 22    The bill creates a military service compensation fund in
  4 23 the state treasury.  The military service compensation fund
  4 24 shall be used to pay the military service compensation to the
  4 25 eligible veterans.
  4 26    An applicant or other person who knowingly makes a false
  4 27 statement relating to a material fact in support of an
  4 28 application for compensation is guilty of a serious
  4 29 misdemeanor.  A serious misdemeanor is punishable by a fine of
  4 30 not less than $250 or more than $1,500.  The court may also
  4 31 order imprisonment not to exceed one year.  
  4 32 LSB 6032SS 79
  4 33 tj/sh/8
     

Text: SF02152                           Text: SF02154
Text: SF02100 - SF02199                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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