House Amendment 8354


PAG LIN




     1  1    Amend Senate File 2134, as amended, passed, and
     1  2 reprinted by the Senate, as follows:
     1  3 #1.  By striking everything after the enacting
     1  4 clause and inserting the following:
     1  5    <Section 1.  Section 35A.5, subsection 9, Code
     1  6 Supplement 2007, is amended to read as follows:
     1  7    9.  After consultation with the commission, provide
     1  8 certification training to executive directors and
     1  9 administrators of county commissions of veteran
     1 10 affairs pursuant to section 35B.6.  Training provided
     1 11 under this subsection shall include accreditation by
     1 12 the national association of county veteran service
     1 13 officers.  Training provided by the department shall
     1 14 be certified by the national association of county
     1 15 veteran service officers and, in addition, shall
     1 16 ensure that each executive director and administrator
     1 17 is proficient in the use of electronic mail, general
     1 18 computer use, and use of the internet to access
     1 19 information regarding facilities, benefits, and
     1 20 services available to veterans and their families.
     1 21 The department may adopt rules in accordance with
     1 22 chapter 17A to provide for training of county veteran
     1 23 affairs executive directors and administrators.
     1 24    Sec. 2.  NEW SECTION.  35A.16  COUNTY COMMISSIONS
     1 25 OF VETERAN AFFAIRS FUND == APPROPRIATION.
     1 26    1.  a.  A county commissions of veteran affairs
     1 27 fund is created within the state treasury under the
     1 28 control of the department.  The fund shall consist of
     1 29 appropriations made to the fund and any other moneys
     1 30 available to and obtained or accepted by the
     1 31 department from the federal government or private
     1 32 sources for deposit in the fund.
     1 33    b.  There is appropriated from the general fund of
     1 34 the state to the department, for the fiscal year
     1 35 beginning July 1, 2009, and for each subsequent fiscal
     1 36 year, the sum of one million dollars to be credited to
     1 37 the county commissions of veteran affairs fund.
     1 38    2.  Notwithstanding section 12C.7, interest or
     1 39 earnings on moneys in the county commissions of
     1 40 veteran affairs fund shall be credited to the county
     1 41 commissions of veteran affairs fund.  Notwithstanding
     1 42 section 8.33, moneys remaining in the county
     1 43 commissions of veteran affairs fund at the end of a
     1 44 fiscal year shall not revert to the general fund of
     1 45 the state.
     1 46    3.  If sufficient moneys are available, the
     1 47 department shall annually allocate ten thousand
     1 48 dollars to each county commission of veteran affairs,
     1 49 or to each county sharing the services of an executive
     1 50 director or administrator pursuant to chapter 28E, to
     2  1 be used for the employment of an executive director or
     2  2 administrator pursuant to section 35B.6.
     2  3    4.  A county commission of veteran affairs training
     2  4 program account shall be established within the county
     2  5 commissions of veteran affairs fund.  Any moneys
     2  6 remaining in the fund after the allocations under
     2  7 subsection 3 shall be credited to the account and used
     2  8 by the department to fund the county commission of
     2  9 veteran affairs training program under section 35A.17.
     2 10    Sec. 3.  NEW SECTION.  35A.17  COUNTY COMMISSION OF
     2 11 VETERAN AFFAIRS TRAINING PROGRAM.
     2 12    1.  A county commission of veteran affairs training
     2 13 program is created under the control of the department
     2 14 for the purpose of providing training, certification,
     2 15 and accreditation opportunities for county commissions
     2 16 of veteran affairs executive directors,
     2 17 administrators, and employees.
     2 18    2.  The department may receive and accept
     2 19 donations, grants, gifts, and contributions from any
     2 20 public or private source for the purpose of providing
     2 21 training opportunities under this section.  All funds
     2 22 received by the department shall be deposited in the
     2 23 county commission of veteran affairs training program
     2 24 account established in section 35A.16, subsection 4.
     2 25    3.  a.  The department shall use funds deposited in
     2 26 the county commission of veteran affairs training
     2 27 program account to organize statewide or regional
     2 28 training conferences and provide training,
     2 29 certification, and accreditation opportunities for
     2 30 county commissions of veteran affairs executive
     2 31 directors, administrators, and employees, consistent
     2 32 with the requirements of section 35A.5, subsection 9.
     2 33    b.  During the fiscal year beginning July 1, 2009,
     2 34 the department shall use account funds to arrange for
     2 35 an accreditation course by the national association of
     2 36 county veteran service officers to take place within
     2 37 the state.
     2 38    c.  The department may use account funds to hire an
     2 39 agency, organization, or other entity to provide
     2 40 training or educational programming, reimburse county
     2 41 executive directors, administrators, and employees for
     2 42 transportation costs related to a conference or
     2 43 program, or both.
     2 44    4.  The department shall adopt rules, pursuant to
     2 45 chapter 17A, deemed necessary for the administration
     2 46 of the county commission of veteran affairs training
     2 47 program.
     2 48    Sec. 4.  Section 35B.6, subsection 1, Code 2007, is
     2 49 amended to read as follows:
     2 50    1.  a.  The members of the commission shall qualify
     3  1 by taking the usual oath of office, and give bond in
     3  2 the sum of five hundred dollars each, conditioned for
     3  3 the faithful discharge of their duties with sureties
     3  4 to be approved by the county auditor.  The commission
     3  5 shall organize by the selection of one of their
     3  6 members as chairperson, and one as secretary.  The
     3  7 commission, subject to the approval of the board of
     3  8 supervisors, shall have power to employ an executive
     3  9 director or administrator and shall have the power to
     3 10 employ other necessary employees when needed,
     3 11 including administrative or clerical assistants when
     3 12 needed, the.  The compensation of such employees to
     3 13 shall be fixed by the board of supervisors, but no
     3 14 member of the commission shall be so employed.  The
     3 15 executive director must possess the same
     3 16 qualifications as provided in section 35B.3 for
     3 17 commission members.  However, this qualification
     3 18 requirement shall not apply to a person employed as an
     3 19 executive director prior to July 1, 1989.
     3 20    b.  The commission may employ an administrator in
     3 21 lieu of an executive director.  Administrators shall
     3 22 not be required to meet all the qualifications
     3 23 provided in section 35B.3 for commissioners.  An
     3 24 administrator may hold another position within the
     3 25 county or other government entity while serving as an
     3 26 administrator only if such position does not adversely
     3 27 affect the administrator's duties under this chapter.
     3 28    b.  c.  Upon the employment of an executive
     3 29 director or administrator, the executive director or
     3 30 administrator shall complete a course of initial
     3 31 certification training provided by the department of
     3 32 veterans affairs pursuant to section 35A.5.  If an
     3 33 executive director or administrator fails to obtain
     3 34 certification within one year of being employed, the
     3 35 executive director or administrator shall be removed
     3 36 from office.  If an executive director is not
     3 37 appointed, a A commissioner or a clerical assistant
     3 38 shall other commission employee may also complete the
     3 39 course of certification training.  The department
     3 40 shall issue the executive director, administrator,
     3 41 commissioner, or clerical assistant employee a
     3 42 certificate of training after completion of the
     3 43 initial certification training course.  To maintain
     3 44 annual certification, the executive director,
     3 45 administrator, commissioner, or clerical assistant
     3 46 employee shall attend one department training course
     3 47 each year satisfy the continuing education
     3 48 requirements established by the national association
     3 49 of county veteran service officers.  Failure of an
     3 50 executive director or administrator to maintain
     4  1 certification may shall be cause for removal from
     4  2 office.  The expenses of training the executive
     4  3 director or administrator shall be paid from the
     4  4 appropriation authorized in section 35B.14.
     4  5    d.  The duties of the executive director,
     4  6 administrator, and employees shall include all of the
     4  7 following:
     4  8    (1)  Inform members of the armed forces, veterans,
     4  9 and their dependents of all federal, state, and local
     4 10 laws enacted for their benefit.
     4 11    (2)  Assist all residents of the state who served
     4 12 in the armed forces of the United States and their
     4 13 relatives, beneficiaries, and dependents in receiving
     4 14 from the United States and this state any and all
     4 15 compensation, pensions, hospitalization, insurance,
     4 16 education, employment pay and gratuities, loan
     4 17 guarantees, or any other aid or benefit to which they
     4 18 may be entitled under any law.
     4 19    e.  The department of veterans affairs or county
     4 20 veteran affairs offices shall not charge for any
     4 21 service provided to any individual.
     4 22    Sec. 5.  Section 35B.6, subsection 2, Code 2007, is
     4 23 amended to read as follows:
     4 24    2.  Two or more boards of supervisors may agree,
     4 25 pursuant to chapter 28E, to share the services of an
     4 26 executive director or administrator.  The agreement
     4 27 shall provide for the establishment of a commission of
     4 28 veteran affairs office in each of the counties
     4 29 participating in the agreement.
     4 30    Sec. 6.  Section 35B.6, subsection 4, Code 2007, is
     4 31 amended by striking the subsection and inserting in
     4 32 lieu thereof the following:
     4 33    4.  a.  Each county commission of veteran affairs
     4 34 shall maintain an office in a building owned,
     4 35 operated, or leased by the county.
     4 36    b.  An executive director or administrator employed
     4 37 pursuant to subsection 1 shall provide veterans
     4 38 services for the following minimum number of hours
     4 39 each week:
     4 40    (1)  For a county with a population of thirty
     4 41 thousand or less, no fewer than twenty hours per week.
     4 42    (2)  For a county with a population of more than
     4 43 thirty thousand and less than sixty thousand, no fewer
     4 44 than thirty hours per week.
     4 45    (3)  For a county with a population of sixty
     4 46 thousand or more, no fewer than forty hours per week.
     4 47    c.  Counties sharing the services of an executive
     4 48 director or administrator shall consider the aggregate
     4 49 population of such counties when determining the
     4 50 number of hours of service required under paragraph
     5  1 "b".  The number of hours shall be allocated between
     5  2 the counties in the proportion that the population of
     5  3 each county bears to the aggregate population.
     5  4    d.  The hours that the office established under
     5  5 paragraph "a", is open shall be posted in a prominent
     5  6 position outside the office.
     5  7    Sec. 7.  Section 35B.14, Code 2007, is amended to
     5  8 read as follows:
     5  9    35B.14  COUNTY APPROPRIATION.
     5 10    1.  The board of supervisors of each county may
     5 11 appropriate moneys for training an executive director
     5 12 or administrator as provided for in section 35B.6, the
     5 13 food, clothing, shelter, utilities, medical benefits,
     5 14 and funeral expenses of indigent veterans, as defined
     5 15 in section 35.1, and their indigent spouses, surviving
     5 16 spouses, and minor children not over eighteen years of
     5 17 age, having a legal residence in the county.
     5 18    2.  The appropriation shall be expended by the
     5 19 joint action and control of the board of supervisors
     5 20 and the county commission of veteran affairs.
     5 21    Sec. 8.  STATE MANDATE FUNDING SPECIFIED.  In
     5 22 accordance with section 25B.2, subsection 3, the state
     5 23 cost of requiring compliance with any state mandate
     5 24 included in this Act shall be moneys appropriated in
     5 25 this Act and shall be deemed to meet all the state
     5 26 funding=related requirements of section 25B.2,
     5 27 subsection 3, and no specific state funding shall be
     5 28 necessary for the full implementation of this Act by
     5 29 and enforcement of this Act against all affected
     5 30 political subdivisions.
     5 31    Sec. 9.  EFFECTIVE DATE.  This Act takes effect on
     5 32 July 1, 2009.>
     5 33 #2.  Title page, by striking lines 1 through 3 and
     5 34 inserting the following:
     5 35    <An Act relating to veterans affairs by modifying
     5 36 training requirements, requiring executive directors
     5 37 and administrators to provide minimum hours of service
     5 38 in each county, specifying executive director,
     5 39 administrator, and employee duties, creating a county
     5 40 commission of veteran affairs training program,
     5 41 creating a county commissions of veteran affairs fund,
     5 42 providing an appropriation, and providing an effective
     5 43 date.>
     5 44
     5 45
     5 46                               
     5 47 COMMITTEE ON VETERANS AFFAIRS
     5 48 ZIRKELBACH of Jones, CHAIRPERSON
     5 49 SF 2134.502 82
     5 50 md/rj/12247

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