Senate Amendment 3038
PAG LIN
1 1 Amend Senate File 333 as follows:
1 2 #1. Page 1, by inserting before line 1, the
1 3 following:
1 4 <Section 1. Section 7E.5, subsection 1, paragraph
1 5 v, Code 2005, is amended to read as follows:
1 6 v. The commission department of veterans affairs,
1 7 which has primary responsibility for state veterans
1 8 affairs.
1 9 Sec. 2. Section 35.1, subsection 1, Code 2005, is
1 10 amended to read as follows:
1 11 1. "Commission" "Department" means the commission
1 12 department of veterans affairs created in section
1 13 35A.2 35A.4.>
1 14 #2. Page 2, by inserting before line 5, the
1 15 following:
1 16 <Sec. . Section 35.8, Code 2005, is amended to
1 17 read as follows:
1 18 35.8 WAR ORPHANS EDUCATIONAL AID FUND.
1 19 A war orphans educational aid fund is created as a
1 20 separate fund in the state treasury under the control
1 21 of the commission department of veterans affairs. Any
1 22 money appropriated for the purpose of aiding in the
1 23 education of orphaned children of veterans, as defined
1 24 in section 35.1, shall be deposited in the war orphans
1 25 educational aid fund.
1 26 Sec. . Section 35.9, unnumbered paragraph 1,
1 27 Code 2005, is amended to read as follows:
1 28 The commission department of veterans affairs may
1 29 expend not more than six hundred dollars per year for
1 30 any one child who has lived in the state of Iowa for
1 31 two years preceding application for aid, and who is
1 32 the child of a person who died during active federal
1 33 military service while serving in the armed forces or
1 34 during active federal military service in the Iowa
1 35 national guard or other military component of the
1 36 United States, to defray the expenses of tuition,
1 37 matriculation, laboratory and similar fees, books and
1 38 supplies, board, lodging, and any other reasonably
1 39 necessary expense for the child or children incident
1 40 to attendance in this state at an educational or
1 41 training institution of college grade, or in a
1 42 business or vocational training school with standards
1 43 approved by the commission department of veterans
1 44 affairs.
1 45 Sec. . Section 35.10, Code 2005, is amended to
1 46 read as follows:
1 47 35.10 ELIGIBILITY AND PAYMENT OF AID.
1 48 Eligibility for aid shall be determined upon
1 49 application to the commission department of veterans
1 50 affairs, whose decision is final. The eligibility of
2 1 eligible applicants shall be certified by the
2 2 commission department of veterans affairs to the
2 3 director of the department of administrative services,
2 4 and all amounts that are or become due to an
2 5 individual or a training institution under this
2 6 chapter shall be paid to the individual or institution
2 7 by the director of the department of administrative
2 8 services upon receipt by the director of certification
2 9 by the president or governing board of the educational
2 10 or training institution as to accuracy of charges
2 11 made, and as to the attendance of the individual at
2 12 the educational or training institution. The
2 13 commission department of veterans affairs may pay over
2 14 the annual sum of four hundred dollars to the
2 15 educational or training institution in a lump sum, or
2 16 in installments as the circumstances warrant, upon
2 17 receiving from the institution such written
2 18 undertaking as the commission department may require
2 19 to assure the use of funds for the child for the
2 20 authorized purposes and for no other purpose. A
2 21 person is not eligible for the benefits of this
2 22 chapter until the person has graduated from a high
2 23 school or educational institution offering a course of
2 24 training equivalent to high school training.
2 25 Sec. . Section 35A.1, Code 2005, is amended by
2 26 adding the following new subsection:
2 27 NEW SUBSECTION. 3A. "Department" means the Iowa
2 28 department of veterans affairs established in section
2 29 35A.4.
2 30 Sec. . Section 35A.1, subsection 4, Code 2005,
2 31 is amended to read as follows:
2 32 4. "Director" means the executive director
2 33 appointed pursuant to section 35A.8.
2 34 Sec. . Section 35A.3, subsection 2, Code 2005,
2 35 is amended to read as follows:
2 36 2. Adopt rules pursuant to chapter 17A and
2 37 establish policy for the management and operation of
2 38 the department and the commission.
2 39 Sec. . Section 35A.3, subsections 3, 4, 5, 6,
2 40 7, 8, 9, 10, 11, 12, and 14, Code 2005, are amended by
2 41 striking the subsections.
2 42 Sec. . NEW SECTION. 35A.4 DEPARTMENT
2 43 ESTABLISHED.
2 44 There is established an Iowa department of veterans
2 45 affairs which shall consist of a commission, a
2 46 director, and any additional personnel as employed by
2 47 the director.
2 48 Sec. . NEW SECTION. 35A.5 DUTIES OF THE
2 49 DEPARTMENT.
2 50 The department shall do all of the following:
3 1 1. Supervise the commandant's administration of
3 2 commission and department policy for the operations
3 3 and conduct of the Iowa veterans home.
3 4 2. Maintain information and data concerning the
3 5 military service records of Iowa veterans.
3 6 3. Assist county veteran affairs commissions
3 7 established pursuant to chapter 35B. The department
3 8 shall provide to county commissions suggested uniform
3 9 benefits and administrative procedures for carrying
3 10 out the functions and duties of the county
3 11 commissions.
3 12 4. Permanently maintain the records including
3 13 certified records of bonus applications for awards
3 14 paid from the war orphans educational fund under
3 15 chapter 35.
3 16 5. Collect and maintain information concerning
3 17 veterans affairs.
3 18 6. Conduct two service schools each year for the
3 19 Iowa association of county commissioners and executive
3 20 directors.
3 21 7. Assist the United States veterans
3 22 administration, the Iowa veterans home, funeral
3 23 directors, and federally chartered veterans service
3 24 organizations in providing information concerning
3 25 veterans service records and veterans affairs data.
3 26 8. Maintain alphabetically a permanent registry of
3 27 the graves of all persons who served in the military
3 28 or naval forces of the United States in time of war
3 29 and whose mortal remains rest in Iowa.
3 30 9. Provide training to executive directors of
3 31 county commissions of veteran affairs pursuant to
3 32 section 35B.6. The commission may adopt rules in
3 33 accordance with chapter 17A to provide for training of
3 34 county veteran affairs executive directors.
3 35 10. Establish and operate a state veterans
3 36 cemetery and make application to the government of the
3 37 United States or any subdivision, agency, or
3 38 instrumentality thereof, for funds for the purpose of
3 39 establishing such a cemetery. The state may enter
3 40 into agreements with any subdivision of the state for
3 41 assistance in operating the cemetery. The state shall
3 42 own the land on which the cemetery is located. The
3 43 department shall have the authority to accept federal
3 44 grant funds, funding from state subdivisions,
3 45 donations from private sources, and federal "plot
3 46 allowance" payments. All such funds shall be
3 47 deposited into an account dedicated to the
3 48 establishment, operation, and maintenance of a
3 49 veterans cemetery and these funds shall be expended
3 50 only for those purposes. The department through the
4 1 director shall have the authority to accept suitable
4 2 cemetery land, in accordance with federal veterans
4 3 cemetery grant guidelines, from the federal
4 4 government, state government, state subdivisions,
4 5 private sources, and any other source wishing to
4 6 transfer land for use as a veterans cemetery.
4 7 11. Carry out the policies of the department.
4 8 Sec. . Section 35A.8, subsections 1, 2, and 3,
4 9 Code 2005, are amended to read as follows:
4 10 1. The governor shall appoint an executive a
4 11 director, subject to confirmation by the senate, who
4 12 shall serve at the pleasure of the governor. The
4 13 executive director is responsible for administering
4 14 the duties of the department and the commission other
4 15 than those related to the Iowa veterans home.
4 16 2. The executive director shall be a resident of
4 17 the state of Iowa and an honorably discharged veteran
4 18 who served in the armed forces of the United States
4 19 during a conflict or war. As used in this section,
4 20 the dates of service in a conflict or war shall
4 21 coincide with the dates of service established by the
4 22 Congress of the United States.
4 23 3. Except for the employment duties and
4 24 responsibilities assigned to the commandant for the
4 25 Iowa veterans home, the executive director shall
4 26 employ such personnel as are necessary for the
4 27 performance of the duties and responsibilities
4 28 assigned to the department and the commission. All
4 29 employees shall be selected on a basis of fitness for
4 30 the work to be performed with due regard to training
4 31 and experience and shall be subject to the provisions
4 32 of chapter 8A, subchapter IV.
4 33 Sec. . Section 35A.8, subsection 4, paragraph
4 34 a, Code 2005, is amended to read as follows:
4 35 a. The executive director shall provide for the
4 36 administration of the bonus authorized in this
4 37 subsection. The commission shall adopt rules,
4 38 pursuant to chapter 17A, as necessary to administer
4 39 this subsection including, but not limited to,
4 40 application procedures, investigation, approval or
4 41 disapproval, and payment of claims.
4 42 Sec. . Section 35A.9, subsections 1 and 2, Code
4 43 2005, are amended to read as follows:
4 44 1. The executive director, commandant, and
4 45 employees of the commission department and the Iowa
4 46 veterans home are entitled to receive, in addition to
4 47 salary, reimbursement for actual expenses incurred
4 48 while engaged in the performance of official duties.
4 49 2. All out=of=state travel by commissioners, the
4 50 executive director, the commandant, or employees of
5 1 the commission department or the Iowa veterans home
5 2 shall be approved by the chairperson of the
5 3 commission.
5 4 Sec. . Section 35A.10, subsections 1 and 2,
5 5 Code 2005, are amended to read as follows:
5 6 1. The commission department shall work with the
5 7 department of administrative services to prepare and
5 8 submit to the director of the department of
5 9 management, as provided in section 8.23, a multiyear
5 10 construction program including estimates of the
5 11 expenditure requirements for the construction, repair,
5 12 or improvement of buildings, grounds, or equipment at
5 13 the commission department of veterans affairs building
5 14 at Camp Dodge and the Iowa veterans home in
5 15 Marshalltown.
5 16 2. The commandant and the commission department
5 17 shall have plans and specifications prepared by the
5 18 department of administrative services for authorized
5 19 construction, repair, or improvement projects in
5 20 excess of twenty=five thousand dollars. An
5 21 appropriation for a project shall not be expended
5 22 until the department of administrative services has
5 23 adopted plans and specifications and has completed a
5 24 detailed estimate of the cost of the project, prepared
5 25 under the supervision of a registered architect or
5 26 registered professional engineer.
5 27 Sec. . Section 35A.11, Code 2005, is amended to
5 28 read as follows:
5 29 35A.11 VETERANS LICENSE FEE FUND.
5 30 A veterans license fee fund is created in the state
5 31 treasury under the control of the commission
5 32 department. The fund shall include the fees credited
5 33 by the treasurer of state from the sale of special
5 34 veteran license plates pursuant to section 321.34,
5 35 subsection 13, paragraph "d". Notwithstanding section
5 36 12C.7, interest or earnings on moneys in the veterans
5 37 license fee fund shall be credited to the veterans
5 38 license fee fund. Moneys in the fund are appropriated
5 39 to the commission department to be used to fulfill the
5 40 responsibilities of the commission department.
5 41 Sec. . Section 35B.6, subsection 1, paragraph
5 42 b, Code 2005, is amended to read as follows:
5 43 b. Upon the employment of an executive director,
5 44 the executive director shall complete a course of
5 45 initial training provided by the commission department
5 46 of veterans affairs pursuant to section 35A.3 35A.5.
5 47 If an executive director is not appointed, a
5 48 commissioner or a clerical assistant shall complete
5 49 the course of training. The commission department
5 50 shall issue the executive director, commissioner, or
6 1 clerical assistant a certificate of training after
6 2 completion of the initial training course. To
6 3 maintain annual certification, the executive director,
6 4 commissioner, or clerical assistant shall attend one
6 5 commission department training course each year.
6 6 Failure to maintain certification may be cause for
6 7 removal from office. The expenses of training shall
6 8 be paid from the appropriation authorized in section
6 9 35B.14.
6 10 Sec. . Section 35B.11, Code 2005, is amended to
6 11 read as follows:
6 12 35B.11 DATA FURNISHED STATE COMMISSION.
6 13 The commission of veteran affairs of each county
6 14 shall provide information to the state commission
6 15 department of veterans affairs as the state commission
6 16 department may request.
6 17 Sec. . Section 35B.19, Code 2005, is amended to
6 18 read as follows:
6 19 35B.19 BURIAL RECORDS.
6 20 The county commission of veteran affairs shall be
6 21 charged with securing the information requested by the
6 22 commission department of veterans affairs of every
6 23 person having a military service record and buried in
6 24 that county. Such information shall be secured from
6 25 the undertaker in charge of the burial and shall be
6 26 transmitted by the undertaker to the commission of
6 27 veteran affairs of the county where burial is made.
6 28 This information shall be recorded alphabetically and
6 29 by description of location in the cemetery where the
6 30 veteran is buried. This recording shall conform to
6 31 the directives of the state commission department of
6 32 veterans affairs and shall be kept in a book by the
6 33 county commission.
6 34 Sec. . Section 35D.1, subsection 2, paragraph
6 35 b, Code 2005, is amended to read as follows:
6 36 b. "Commission" "Department" means the commission
6 37 department of veterans affairs established in section
6 38 35A.2 35A.4.
6 39 Sec. . Section 35D.2, subsection 1, Code 2005,
6 40 is amended to read as follows:
6 41 1. Persons described in section 35D.1 who do not
6 42 have sufficient means for their own support, or are
6 43 disabled by disease, wounds, old age, or otherwise,
6 44 and are unable to earn a livelihood, and who are
6 45 residents of the state of Iowa on the date of the
6 46 application and immediately preceding the date the
6 47 application is accepted, may be admitted to the home
6 48 as members under rules adopted by the commission of
6 49 veterans affairs. Eligibility determinations are
6 50 subject to approval by the commandant.
7 1 Sec. . Section 35D.3, Code 2005, is amended to
7 2 read as follows:
7 3 35D.3 RULES == GENERAL MANAGEMENT.
7 4 The commission of veterans affairs shall adopt all
7 5 the necessary rules, pursuant to chapter 17A, for the
7 6 preservation of order and enforcement of discipline,
7 7 the promotion of health and well=being of all the
7 8 members, and the management and control of the home
7 9 and its grounds.
7 10 Sec. . Section 35D.4, subsection 2, Code 2005,
7 11 is amended to read as follows:
7 12 2. The cottages may be made available to persons
7 13 on the staff of the home at a rental rate determined
7 14 by the commission of veterans affairs.
7 15 Sec. . Section 35D.7, subsection 3, Code 2005,
7 16 is amended to read as follows:
7 17 3. The commandant may require any member of the
7 18 home to render assistance in the care of the home and
7 19 its grounds as the member's psycho=social and physical
7 20 condition permit, as a phase of that member's
7 21 rehabilitation program. The commandant shall
7 22 compensate each member who furnishes assistance at
7 23 rates established by the commission of veterans
7 24 affairs.
7 25 Sec. . Section 35D.8, Code 2005, is amended to
7 26 read as follows:
7 27 35D.8 CONDITIONAL ADMITTANCE.
7 28 The commission department may, if there is room for
7 29 all dependent members and applicants, admit and allow
7 30 to remain in the home persons who have sufficient
7 31 means for their own support but are otherwise eligible
7 32 to become members of the home, on payment of the cost
7 33 of their support. The cost and method of collection
7 34 shall be determined by the commission of veterans
7 35 affairs.
7 36 Sec. . Section 35D.11, subsection 2, Code 2005,
7 37 is amended to read as follows:
7 38 2. The commandant, if authorized by a member of
7 39 the home, and pursuant to policies adopted by the
7 40 commission of veterans affairs, may act on behalf of
7 41 that member in receiving, disbursing, and accounting
7 42 for personal funds of the member received from any
7 43 source. The authorization may be given by the member
7 44 at any time and shall not be a condition of admission
7 45 to the home.
7 46 Sec. . Section 35D.12, subsection 2, Code 2005,
7 47 is amended to read as follows:
7 48 2. The commandant, if authorized by a member of
7 49 the home, and pursuant to policies adopted by the
7 50 commission of veterans affairs, may make withdrawals
8 1 against that member's personal account to pay regular
8 2 bills and other expenses incurred by the member. The
8 3 authorization may be given by the member at any time
8 4 and shall not be a condition of admission to the home.
8 5 Sec. . Section 35D.13, subsections 1 and 3,
8 6 Code 2005, are amended to read as follows:
8 7 1. The governor shall appoint a commandant,
8 8 subject to senate confirmation, who shall serve at the
8 9 pleasure of the governor as the chief executive of the
8 10 home. The commandant shall report directly to the
8 11 commission department and shall have the immediate
8 12 custody and control, subject to the orders of the
8 13 commission department, of all property used in
8 14 connection with the home.
8 15 3. The salary of the commandant shall be fixed by
8 16 the governor within salary guidelines or a range
8 17 established by the general assembly. In addition to
8 18 salary, the commission department shall furnish the
8 19 commandant with a dwelling house or with appropriate
8 20 quarters and additional allowances, as provided in
8 21 section 218.14 for executive heads of state
8 22 institutions.
8 23 Sec. . Section 35D.15, Code 2005, is amended to
8 24 read as follows:
8 25 35D.15 RULES ENFORCED == POWER TO SUSPEND AND
8 26 EXPEL MEMBERS.
8 27 The commandant shall administer and enforce all
8 28 rules adopted by the commission of veterans affairs,
8 29 including rules of discipline and, subject to these
8 30 rules, may immediately suspend the membership of and
8 31 expel any person from the home for infraction of the
8 32 rules when the commandant determines that the health,
8 33 safety, or welfare of the residents of the home is in
8 34 immediate danger and other reasonable alternatives
8 35 have been exhausted. The suspension and expulsion are
8 36 temporary pending action by the commission department.
8 37 Judicial review of the action of the commission
8 38 department may be sought in accordance with chapter
8 39 17A.
8 40 Sec. . Section 35D.17, Code 2005, is amended to
8 41 read as follows:
8 42 35D.17 REPORT BY COMMANDANT.
8 43 The commandant shall, biennially, make a full and
8 44 detailed report to the governor, the commission
8 45 department, and the general assembly, showing the
8 46 condition of the home, the number of members in the
8 47 Iowa veterans home, the order and discipline enforced,
8 48 and the needs of the home financially and otherwise,
8 49 together with an itemized statement of all receipts
8 50 and disbursements and any other matters of importance
9 1 in the management and control of the Iowa veterans
9 2 home.
9 3 Sec. . Section 36.1, subsection 3, Code 2005,
9 4 is amended to read as follows:
9 5 3. "Commission" "Department" means the commission
9 6 department of veterans affairs established in section
9 7 35A.4.
9 8 Sec. . Section 36.2, Code 2005, is amended to
9 9 read as follows:
9 10 36.2 CHEMICAL EXPOSURE REPORT TO COMMISSION
9 11 DEPARTMENT.
9 12 A licensed physician, as defined in section 135.1,
9 13 subsection 4, who treats a veteran the physician
9 14 believes may have been exposed to chemicals while
9 15 serving in the armed forces of the United States shall
9 16 submit a report indicating that information to the
9 17 commission department at the request of the veteran
9 18 pursuant to section 36.3.
9 19 Sec. . Section 36.3, Code 2005, is amended to
9 20 read as follows:
9 21 36.3 DUTIES OF THE COMMISSION DEPARTMENT.
9 22 The commission department shall:
9 23 1. Provide the forms for the reports required in
9 24 section 36.2. The report form shall require the
9 25 doctor to provide all of the following:
9 26 a. Symptoms of the veteran which may be related to
9 27 exposure to chemicals.
9 28 b. Diagnosis of the veteran.
9 29 c. Methods of treatment prescribed.
9 30 2. Annually compile and evaluate the information
9 31 submitted in the reports pursuant to subsection 1, in
9 32 consultation and cooperation with a certified medical
9 33 toxicologist selected by the commission department.
9 34 The commission department shall submit the report to
9 35 the governor, the general assembly, and the United
9 36 States veterans' administration. The report shall
9 37 include current research data on the effects of
9 38 exposure to chemicals, statistical information
9 39 received from individual physicians' reports, and
9 40 statistical information from the epidemiological
9 41 investigations pursuant to subsection 3.
9 42 3. Conduct epidemiological investigations of
9 43 veterans who have cancer or other medical problems or
9 44 who have children born with birth defects associated
9 45 with exposure to chemicals, in consultation and
9 46 cooperation with a certified medical toxicologist
9 47 selected by the commission department. The commission
9 48 department shall obtain consent from a veteran before
9 49 conducting the investigations.
9 50 The commission department shall cooperate with
10 1 local and state agencies during the course of an
10 2 investigation.
10 3 Sec. . Section 36.4, unnumbered paragraph 1,
10 4 Code 2005, is amended to read as follows:
10 5 The commission department shall not identify a
10 6 veteran consenting to the epidemiological
10 7 investigations pursuant to section 36.3, subsection 3,
10 8 unless the veteran consents to the release of
10 9 identity. The statistical information compiled by the
10 10 commission department pursuant to section 36.3 is a
10 11 public record.
10 12 Sec. . Section 36.6, unnumbered paragraph 1,
10 13 Code 2005, is amended to read as follows:
10 14 The commission department and appropriate medical
10 15 facilities at the state university of Iowa under the
10 16 control of the state board of regents shall institute
10 17 a cooperative program to:
10 18 Sec. . Section 36.7, Code 2005, is amended to
10 19 read as follows:
10 20 36.7 FEDERAL PROGRAM.
10 21 If the commission department or the general
10 22 assembly determines that an agency of the federal
10 23 government or the state of Iowa is providing the
10 24 referral and genetic services pursuant to section
10 25 36.6, the commission department or the general
10 26 assembly by specific action may discontinue all or
10 27 part of the services and requirements in this chapter.
10 28 Sec. . Section 36.8, Code 2005, is amended to
10 29 read as follows:
10 30 36.8 RULES.
10 31 The commission department shall adopt rules
10 32 pursuant to chapter 17A to implement this chapter.
10 33 Sec. . Section 36.9, Code 2005, is amended to
10 34 read as follows:
10 35 36.9 APPROPRIATIONS.
10 36 This chapter shall be implemented by the commission
10 37 department each fiscal year that appropriations are
10 38 made to the commission department for the
10 39 implementation.
10 40 Sec. . Section 135C.31A, Code 2005, is amended
10 41 to read as follows:
10 42 135C.31A ASSESSMENT OF RESIDENTS == PROGRAM
10 43 ELIGIBILITY.
10 44 Beginning July 1, 2003, a health care facility
10 45 receiving reimbursement through the medical assistance
10 46 program under chapter 249A shall assist the Iowa
10 47 commission department of veterans affairs in
10 48 identifying, upon admission of a resident, the
10 49 resident's eligibility for benefits through the
10 50 federal department of veterans affairs. The health
11 1 care facility shall also assist the Iowa commission
11 2 department of veterans affairs in determining such
11 3 eligibility for residents residing in the facility on
11 4 July 1, 2003. The department of inspections and
11 5 appeals, in cooperation with the department of human
11 6 services, shall adopt rules to administer this
11 7 section, including a provision that ensures that if a
11 8 resident is eligible for benefits through the federal
11 9 department of veterans affairs or other third=party
11 10 payor, the payor of last resort for reimbursement to
11 11 the health care facility is the medical assistance
11 12 program. This section shall not apply to the
11 13 admission of an individual to a state mental health
11 14 institute for acute psychiatric care or to the
11 15 admission of an individual to the Iowa veterans home.
11 16 Sec. . Section 256.9, subsection 48, Code 2005,
11 17 is amended to read as follows:
11 18 48. Develop and administer, with the cooperation
11 19 of the commission department of veterans affairs, a
11 20 program which shall be known as operation recognition.
11 21 The purpose of the program is to award high school
11 22 diplomas to veterans of World War I, World War II, and
11 23 the Korean and Vietnam conflicts who left high school
11 24 prior to graduation to enter United States military
11 25 service. The department of education and the
11 26 commission department of veterans affairs shall
11 27 jointly develop an application procedure, distribute
11 28 applications, and publicize the program to school
11 29 districts, accredited nonpublic schools, county
11 30 commissions of veteran affairs, veterans
11 31 organizations, and state, regional, and local media.
11 32 All honorably discharged veterans who are residents or
11 33 former residents of the state; who served at any time
11 34 between April 6, 1917, and November 11, 1918, at any
11 35 time between September 16, 1940, and December 31,
11 36 1946, at any time between June 25, 1950, and January
11 37 31, 1955, or at any time between February 28, 1961,
11 38 and May 5, 1975, all dates inclusive; and who did not
11 39 return to school and complete their education after
11 40 the war or conflict shall be eligible to receive a
11 41 diploma. Diplomas may be issued posthumously. Upon
11 42 approval of an application, the department shall issue
11 43 an honorary high school diploma for an eligible
11 44 veteran. The diploma shall indicate the veteran's
11 45 school of attendance. The department of education and
11 46 the commission department of veterans affairs shall
11 47 work together to provide school districts, schools,
11 48 communities, and county commissions of veteran affairs
11 49 with information about hosting a diploma ceremony on
11 50 or around Veterans Day. The diploma shall be mailed
12 1 to the veteran or, if the veteran is deceased, to the
12 2 veteran's family.
12 3 Sec. . Section 303.2, subsection 2, paragraph
12 4 k, Code 2005, is amended to read as follows:
12 5 k. Administer, preserve, and interpret the battle
12 6 flag collection assembled by the state in consultation
12 7 and coordination with the commission department of
12 8 veterans affairs and the department of administrative
12 9 services. A portion of the battle flag collection
12 10 shall be on display at the state capitol and the state
12 11 historical building at all times, unless on loan
12 12 approved by the department of cultural affairs.
12 13 Sec. . Section 331.608, subsection 6, paragraph
12 14 e, Code 2005, is amended to read as follows:
12 15 e. When otherwise required by a department or
12 16 agency of the federal or state government or a
12 17 political subdivision. The recorder shall make these
12 18 records available to the commission department of
12 19 veterans affairs. The commission department of
12 20 veterans affairs and its employees shall be subject to
12 21 the same state and federal confidentiality
12 22 restrictions and requirements that are imposed on the
12 23 recorder.>
12 24 #3. Page 3, by inserting before line 30, the
12 25 following:
12 26 <Sec. . Section 483A.24, subsection 13, Code
12 27 2005, is amended to read as follows:
12 28 13. Upon payment of the fee of thirty dollars for
12 29 a lifetime hunting and fishing combined license, the
12 30 department shall issue a hunting and fishing combined
12 31 license to a resident of Iowa who is a veteran, as
12 32 defined in section 35.1, who was disabled or was a
12 33 prisoner of war during that veteran's military
12 34 service. The department shall prepare an application
12 35 to be used by a person requesting a hunting and
12 36 fishing combined license under this subsection. The
12 37 commission department of veterans affairs shall assist
12 38 the department in verifying the status or claims of
12 39 applicants under this subsection. As used in this
12 40 subsection, "disabled" means entitled to compensation
12 41 under the United States Code, Title 38, ch. 11.
12 42 Sec. . Section 669.2, subsection 4, unnumbered
12 43 paragraph 1, Code 2005, is amended to read as follows:
12 44 "Employee of the state" includes any one or more
12 45 officers, agents, or employees of the state or any
12 46 state agency, including members of the general
12 47 assembly, and persons acting on behalf of the state or
12 48 any state agency in any official capacity, temporarily
12 49 or permanently in the service of the state of Iowa,
12 50 whether with or without compensation, but does not
13 1 include a contractor doing business with the state.
13 2 Professional personnel, including physicians,
13 3 osteopathic physicians and surgeons, osteopathic
13 4 physicians, optometrists, dentists, nurses, physician
13 5 assistants, and other medical personnel, who render
13 6 services to patients or inmates of state institutions
13 7 under the jurisdiction of the department of human
13 8 services or the Iowa department of corrections, and
13 9 employees of the commission department of veterans
13 10 affairs, are to be considered employees of the state,
13 11 whether the personnel are employed on a full=time
13 12 basis or render services on a part=time basis on a fee
13 13 schedule or other arrangement. Criminal defendants
13 14 while performing unpaid community service ordered by
13 15 the district court, board of parole, or judicial
13 16 district department of correctional services, or an
13 17 inmate providing services pursuant to a chapter 28E
13 18 agreement entered into pursuant to section 904.703,
13 19 and persons supervising those inmates under and
13 20 according to the terms of the chapter 28E agreement,
13 21 are to be considered employees of the state.>
13 22 #4. Title page, line 1, by inserting after the
13 23 word <Act> the following: <relating to veterans by
13 24 providing for the establishment of a department of
13 25 veterans affairs, and>.
13 26 #5. By renumbering as necessary.
13 27
13 28
13 29
13 30 JOHN P. KIBBIE
13 31 SF 333.501 81
13 32 sc/pj/263
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