07/15/2024 16:0030:42C2826B-F6B1-453F-B86A-70929D0623D05435ADEPARTMENT OF VETERANS AFFAIRS35A.1Definitions.1“Commandant” means the commandant appointed pursuant to section 35A.8.2“Commission” means the commission of veterans affairs established in section 35A.2.3“Commissioner” means a member of the commission of veterans affairs.4“Department” means the Iowa department of veterans affairs established in section 35A.4.[C79, 81, §35A.1]86 Acts, ch 1245, §1704; 92 Acts, ch 1140, §7; 2000 Acts, ch 1058, §7; 2005 Acts, ch 115, §9, 402023 Acts, ch 19, §2169, 217035A.2Commission of veterans affairs.1A commission of veterans affairs is created consisting of twelve persons who shall be appointed by the governor, subject to confirmation by the senate. Members shall be appointed to staggered terms of four years beginning and ending as provided in section 69.19. The governor shall fill a vacancy for the unexpired portion of the term. In addition to the members appointed by the governor, the commandant shall serve as a nonvoting, ex officio member of the commission.2Eleven commissioners shall be honorably discharged members of the armed forces of the United States. The American legion, disabled American veterans, veterans of foreign wars, American veterans, the Vietnam veterans of America, the military order of the purple heart, the paralyzed veterans of America, the marine corps league, and the Iowa association of county commissioners and veteran service officers, through their department commanders, shall submit two names respectively from their organizations to the governor. The adjutant general and the Iowa affiliate of the reserve officers association may submit names to the governor of persons to represent the Iowa national guard and the reserve organization of America. The governor shall appoint from the group of names submitted by the adjutant general and reserve officers association two representatives and from each of the other organizations one representative to serve as a member of the commission, unless the appointments would conflict with the bipartisan provisions of section 4A.12. In addition, the governor shall appoint one member of the public, knowledgeable in the general field of veterans affairs, to serve on the commission. If an organization fails to submit a recommendation pursuant to this subsection, the governor may appoint any person to fill the vacancy.3aThe commissioners are entitled to receive reimbursement for actual expenses incurred while engaged in the performance of official duties. Each member of the commission may also be eligible to receive compensation as provided in section 7E.6.bThe commandant and employees of the department are entitled to receive, in addition to salary, reimbursement for actual expenses incurred while engaged in the performance of official duties.cAll out-of-state travel by commissioners shall be approved by the chairperson of the commission.[C31, §446-c1; C35, §467-f42; C39, §467.44; C46, 50, §29.44; C54, 58, 62, §29.12; C66, 71, 73, 75, 77, §29A.12; C79, 81, §35A.2; 81 Acts, ch 33, §1]86 Acts, ch 1245, §1705, 1706; 92 Acts, ch 1140, §8; 95 Acts, ch 67, §6; 95 Acts, ch 161, §1, 2; 2004 Acts, ch 1175, §222, 287; 2007 Acts, ch 202, §2; 2012 Acts, ch 1059, §1; 2018 Acts, ch 1064, §1; 2023 Acts, ch 19, §2171; 2024 Acts, ch 1004, §7; 2024 Acts, ch 1134, §1; 2024 Acts, ch 1170, §176Confirmation, see §2.3235A.3Duties of the commission.The commission shall do all of the following:1Organize and annually select a chairperson.2Review and approve, prior to adoption, all proposed rules submitted by the department concerning the management and operation of the department and programs administered by the department.3aAdvise and make recommendations to the department, the general assembly, and the governor concerning issues involving and impacting veterans in this state.bAdvise and make recommendations to the general assembly and the governor concerning the management and operation of the department.4Review and approve applications for distributions of moneys from the veterans license fee fund pursuant to section 35A.11 and the veterans trust fund pursuant to section 35A.13 for the benefit of veterans, spouses of veterans, and dependents of veterans.5Conduct an equal number of meetings at Camp Dodge and the Iowa veterans home. The agenda for each meeting shall include a reasonable time period for public comment.6Provide guidance and make recommendations to the department during an annual review of the department’s proposed budget and provide guidance and make recommendations for budget changes that occur during the fiscal year.[C39, §482.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §35.1; C79, 81, §35A.3]86 Acts, ch 1245, §1707; 92 Acts, ch 1140, §9; 94 Acts, ch 1107, §3; 95 Acts, ch 161, §3; 2004 Acts, ch 1175, §223; 2005 Acts, ch 115, §10, 11, 40; 2007 Acts, ch 202, §3; 2011 Acts, ch 74, §1, 2; 2023 Acts, ch 19, §2172; 2024 Acts, ch 1047, §235A.4Department established.There is established an Iowa department of veterans affairs which shall consist of a commandant, a commission, and any additional personnel as employed by the commandant.2005 Acts, ch 115, §12, 40; 2023 Acts, ch 19, §217335A.5Duties of department.The department shall do all of the following:1Maintain and disseminate information to veterans and the public regarding facilities, benefits, and services available to veterans and their families and assist veterans and their families in obtaining such benefits and services.2Maintain information and data concerning the military service records of Iowa veterans.3Assist county veteran affairs commissions established pursuant to chapter 35B. The department shall provide to county commissions suggested uniform benefits and administrative procedures for carrying out the functions and duties of the county commissions.4Permanently maintain the records including certified records of bonus applications for awards paid.5aCoordinate with United States department of veterans affairs hospitals, health care facilities, and clinics in this state and the department of health and human services to provide assistance to veterans and their families to reduce the incidence of alcohol and chemical dependency and suicide among veterans and to make mental health counseling available to veterans.bThe assistance program shall include but not be limited to the following:1Public education and awareness programs for veterans, health care professionals, and the public, relative to the needs of veterans.2Referral services to identify appropriate counseling and treatment programs for veterans in need of services.cAny assistance program established pursuant to this subsection shall be implemented in a manner that does not duplicate other services readily available to veterans.6aAdminister or conduct one service school each year for county commissioners and one service school for executive directors and administrators. b1The department may receive and accept donations, grants, gifts, and contributions from any public or private source to be used for any of the following purposes:aProviding payment for training opportunities under paragraph “a”.bOrganizing training relating to state programs for county commission of veteran affairs executive directors, administrators, and commissioners.cHiring an agency, organization, or other entity to provide training or educational programming.dReimbursing county commission of veteran affairs executive directors, administrators, and commissioners for transportation costs related to a conference, program, or both.eVerifying a person’s qualifications pursuant to subsection 9.2All funds received by the department for the purposes established in subparagraph (1) shall be deposited in the county commission of veteran affairs training program account established in section 35A.16, subsection 4.7Assist the United States department of veterans affairs, the Iowa veterans home, funeral directors, and federally chartered veterans service organizations in providing information concerning veterans service records and veterans affairs data.8Maintain alphabetically a permanent registry of the graves of all persons who served in the military or naval forces of the United States in time of war and whose mortal remains rest in Iowa.9Verify each executive director and administrator of a county commission of veteran affairs is fully qualified to work in the person’s position. Qualifications include but are not limited to all of the following:aThe person has obtained certification that is federally required for the executive director’s or administrator’s position within twelve months of beginning the person’s employment.bThe person has obtained a personal identification verification card necessary to access the veterans benefits management system within twelve months of beginning the person’s employment.cThe person maintains certification that is federally required for the executive director’s or administrator’s position.dThe person maintains an active personal identification verification card and has access to the veterans benefits management system.eThe person is proficient in the use of electronic mail, general computer use, and use of the internet to access information regarding facilities, benefits, and services available to veterans and their families.10Establish and operate a state veterans cemetery and make application to the government of the United States or any subdivision, agency, or instrumentality thereof, for funds for the purpose of establishing such a cemetery.aThe department may enter into agreements with any subdivision of the state for assistance in operating the cemetery.bThe state shall own the land on which the cemetery is located.cThe department shall have the authority to accept federal grant funds, funding from state subdivisions, donations from private sources, and federal “plot allowance” payments.dThe department through the commandant shall have the authority to accept suitable cemetery land, in accordance with federal veterans cemetery grant guidelines, from the federal government, state government, state subdivisions, private sources, and any other source wishing to transfer land for use as a veterans cemetery.eThe department may lease or use property received pursuant to this subsection for any purpose so long as such leasing or use does not interfere with the use of the property for cemetery purposes and is not contrary to federal or state guidelines.fAll funds received pursuant to this subsection, including lease payments or funds generated from any activity engaged in on any property accepted pursuant to this subsection, shall be deposited into an account dedicated to the establishment, operation, and maintenance of a veterans cemetery and these funds shall be expended only for those purposes.gNotwithstanding section 8.33, any moneys in the account for a state veterans cemetery shall not revert and, notwithstanding section 12C.7, subsection 2, interest or earnings on moneys deposited in the fund shall be credited to the account.11Authorize the sale, trade, or transfer of veterans commemorative property pursuant to chapter 37A.12Adopt rules pursuant to chapter 17A and establish policy for the management and operation of the department, for the facilitation of programs under the department’s authority, and for the performance of duties established under this section. Prior to adopting rules, the department shall submit proposed rules to the commission for review and approval pursuant to the requirements of section 35A.3.13Provide information requested by the commission concerning the management and operation of the department and the programs administered by the department.14Annually, by August 31, prepare and submit a report to the governor and the general assembly relating to county commissions of veteran affairs. Copies of the report shall also be provided to each county board of supervisors and to each county commission of veteran affairs by electronic means. Pursuant to section 35B.11, the department may request any information necessary to prepare the report from each county commission of veteran affairs. The report shall include all of the following:aInformation related to compliance with the training requirements under section 35B.6 during the previous calendar year.bThe weekly operating schedule of each county commission of veteran affairs office maintained under section 35B.6.cThe number of hours of veterans’ services provided by each county commission of veteran affairs executive director or administrator during the previous fiscal year.dPopulation of each county, including the number of veterans residing in each county.eThe total amount of compensation, disability benefits, or pensions received by the residents of each county under laws administered by the United States department of veterans affairs.fAn analysis of the information contained in paragraphs “a” through “e”, including an analysis of such information for previous years.15Upon receipt of certificate of release or discharge from active duty, create a roster of information that includes the name of the military member, the member’s address of record, and the member’s county of residence listed on the certificate. The department shall, within thirty days of receipt of the certificate of release or discharge from active duty, provide a copy of the roster to the county commission of veteran affairs in each county listed on the roster.16In coordination with the department of public defense, advise service members prior to, and after returning from, deployment on active duty service outside the United States of issues related to the filing of tax returns and the payment of taxes due and encourage a service member who has not filed a return or who owes taxes to contact the department of revenue prior to deployment.17Carry out the policies of the department.2005 Acts, ch 115, §13, 40; 2006 Acts, ch 1107, §1; 2006 Acts, ch 1185, §65; 2007 Acts, ch 202, §4, 5; 2008 Acts, ch 1031, §20; 2008 Acts, ch 1130, §1, 10; 2009 Acts, ch 26, §4; 2009 Acts, ch 122, §1; 2010 Acts, ch 1102, §1; 2011 Acts, ch 45, §1; 2011 Acts, ch 74, §3; 2012 Acts, ch 1059, §2 – 4; 2013 Acts, ch 29, §39; 2015 Acts, ch 74, §1; 2018 Acts, ch 1115, §1; 2023 Acts, ch 19, §36, 2174, 2175; 2024 Acts, ch 1047, §3, 4; 2025 Acts, ch 11, §1Subsection 14, paragraph c amended35A.6Reserved.35A.7Reserved.35A.8Commandant term duties.1The governor shall appoint a commandant, subject to confirmation by the senate, who shall serve at the pleasure of the governor. The commandant is responsible for administering the duties of the department and the commission.2The commandant shall be a resident of the state of Iowa and an honorably discharged veteran.3The commandant shall employ such personnel as are necessary for the performance of the duties and responsibilities assigned to the department and the commission. All employees shall be selected on a basis of fitness for the work to be performed with due regard to training and experience and shall be subject to the provisions of chapter 8A, subchapter IV.[C79, 81, §35A.8]86 Acts, ch 1245, §1710; 92 Acts, ch 1140, §10; 92 Acts, ch 1247, §28; 99 Acts, ch 180, §5; 2000 Acts, ch 1218, §1; 2003 Acts, ch 145, §148; 2005 Acts, ch 115, §14, 40; 2007 Acts, ch 176, §1, 3; 2007 Acts, ch 202, §6; 2008 Acts, ch 1031, §21; 2008 Acts, ch 1191, §35, 36, 106; 2012 Acts, ch 1059, §5; 2023 Acts, ch 19, §2176Confirmation, see §2.3235A.8AVietnam Conflict veterans bonus — limited residency requirement — appropriation.Repealed by its own terms; 2008 Acts, ch 1131, §1.35A.9Expenses and compensation.Repealed by 2012 Acts, ch 1059, §14; . See §35A.2(3).35A.10Multiyear construction program — construction, repair, and improvement projects.1The commission shall work with the department of administrative services to prepare and submit to the director of the department of management, as provided in section 8.23, a multiyear construction program including estimates of the expenditure requirements for the construction, repair, or improvement of buildings, grounds, or equipment at the commission of veterans affairs building at Camp Dodge and the Iowa veterans home in Marshalltown.2The commandant and the commission shall have plans and specifications prepared by the department of administrative services for authorized construction, repair, or improvement projects in excess of the competitive bid threshold in section 26.3, or as established in section 314.1B. An appropriation for a project shall not be expended until the department of administrative services has adopted plans and specifications and has completed a detailed estimate of the cost of the project, prepared under the supervision of a licensed architect or licensed professional engineer.3The director of the department of administrative services shall, in writing, let all contracts for authorized improvements in excess of the competitive bid threshold in section 26.3, or as established in section 314.1B in accordance with chapter 8A, subchapter III, and chapter 26. The director of the department of administrative services shall not authorize payment for construction purposes until satisfactory proof has been furnished by the proper officer or supervising architect that the parties have complied with the contract.96 Acts, ch 1218, §29; 2003 Acts, ch 145, §149; 2006 Acts, ch 1017, §18, 42, 43; 2007 Acts, ch 126, §14; 2017 Acts, ch 131, §735A.11Veterans license fee fund.1A veterans license fee fund is created in the state treasury under the control of the commission. Notwithstanding section 12C.7, interest or earnings on moneys in the veterans license fee fund shall be credited to the veterans license fee fund. Moneys in the fund are appropriated to the commission to be used to fulfill the responsibilities of the commission.2The fund created in this section shall include the fees credited by the treasurer of state from the annual validation of the following special motor vehicle registration plates:aNational guard special plates issued pursuant to section 321.34, subsection 16.bPearl Harbor special plates issued pursuant to section 321.34, subsection 17.cPurple heart special plates issued pursuant to section 321.34, subsection 18.dUnited States armed forces retired special plates issued pursuant to section 321.34, subsection 19.eSilver star and bronze star special plates issued pursuant to section 321.34, subsection 20.fDistinguished service cross, navy cross, and air force cross special plates issued pursuant to section 321.34, subsection 20A.gSoldier’s medal, navy and marine corps medal, and airman’s medal special plates issued pursuant to section 321.34, subsection 20B.hCombat infantryman badge, combat action badge, combat action ribbon, air force combat action medal, and combat medical badge plates issued pursuant to section 321.34, subsection 20C.iGold star special plates issued pursuant to section 321.34, subsection 24.jUnited States veteran special plates issued pursuant to section 321.34, subsection 27.99 Acts, ch 201, §8; 2007 Acts, ch 178, §1, 3; 2007 Acts, ch 184, §1, 7; 2011 Acts, ch 114, §1; 2014 Acts, ch 1116, §1035A.12Military honor guard services.An honor guard unit made up of members of a recognized military veterans organization as listed in section 35A.2 or 37.2, the Iowa national guard, the reserve forces of the United States, the United States coast guard auxiliary, or a reserve officers training corps shall be allowed to perform any honor guard service on public property.2001 Acts, ch 96, §1; 2002 Acts, ch 1037, §1; 2010 Acts, ch 1173, §135A.13Veterans trust fund.1A veterans trust fund is created in the state treasury under the control of the commission.2The trust fund shall consist of all of the following:aMoneys in the form of a devise, gift, bequest, donation, federal or other grant, reimbursement, repayment, judgment, transfer, payment, or appropriation from any source intended to be used for the purposes of the trust fund.bMoneys credited to the fund pursuant to an income tax checkoff provided in chapter 422, subchapter II, if applicable.cInterest attributable to investment of moneys in the fund or an account of the trust fund. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the trust fund shall be credited to the trust fund.3Moneys credited to the trust fund shall not be transferred, used, obligated, appropriated, or otherwise encumbered, except as provided in this section. 4aNotwithstanding subsection 5, moneys in the fund, except so much of the fund as may be necessary to be kept on hand for the making of disbursements under this section, shall be invested by the treasurer of state, in consultation with the commission and the public retirement systems committee established by section 97D.4, in any investments authorized for the Iowa public employees’ retirement system in section 97B.7A, including common stock, and subject to the requirements of chapters 12F, 12H, 12J, and 12K, and the earnings therefrom shall be credited to the fund. The treasurer of state may execute contracts and agreements with investment advisors, consultants, and investment management and benefit consultant firms in the administration of investments of moneys in the fund.bInvestment management expenses shall be charged to the investment income of the fund and there is appropriated to the treasurer of state from the investment income of the fund an amount required for the investment management expenses.cFor purposes of this subsection, investment management expenses are limited to the following:1Fees for investment advisors, consultants, and investment management and benefit consultant firms hired by the treasurer of state in administering the investments of the fund.2Fees and costs for safekeeping fund assets.3Costs for performance and compliance monitoring and accounting for fund investments.4Any other costs necessary to prudently invest or protect the assets of the fund.dThe commission, the public retirement systems committee established by section 97D.4, and the treasurer of state, and their employees, are not personally liable for claims based upon an act or omission of the person performed in the discharge of the person’s duties concerning the veterans trust fund, except for acts or omissions which involve malicious or wanton misconduct.5aFor each fiscal year that the balance of the trust fund on July 1 is below fifty million dollars, the interest and earnings on moneys in the fund and the first five hundred thousand dollars transferred pursuant to section 99G.39 from the lottery fund are appropriated to the commission to be used to achieve the purposes of subsection 8. Moneys appropriated to the commission under this paragraph that remain unencumbered or unobligated at the end of the fiscal year shall revert to the fund.bFor each fiscal year that the balance of the trust fund on July 1 is above fifty million dollars but the balance of the fund was below fifty million dollars on July 1 of the previous fiscal year, moneys transferred pursuant to section 99G.39 from the lottery fund are appropriated to the commission to be used to achieve the purposes of subsection 8. Moneys appropriated to the commission under this paragraph that remain unencumbered or unobligated at the end of the fiscal year shall revert to the fund.cFor each fiscal year that the balance of the trust fund on July 1 is above fifty million dollars and the balance of the fund was above fifty million dollars on July 1 of the previous fiscal year, moneys equal to the net income the fund received in the previous fiscal year are appropriated to the commission to be used to achieve the purposes of subsection 8. Moneys appropriated to the commission under this paragraph that remain unencumbered or unobligated at the end of the fiscal year shall revert to the fund. For the purposes of this paragraph, “income” means moneys credited to the veterans trust fund pursuant to subsection 2 and moneys transferred pursuant to section 99G.39.dNotwithstanding paragraphs “a”, “b”, and “c”, moneys credited to the war orphans educational assistance account shall be expended as provided in subsection 9.eNotwithstanding paragraphs “a”, “b”, and “c”, moneys transferred under subsection 6 to the county commission of veteran affairs training program account shall be expended as provided in section 35A.16.6For the fiscal year beginning July 1, 2024, and for each subsequent fiscal year, there is transferred to the county commission of veteran affairs training program account of the county commissions of veteran affairs fund created in section 35A.16, from the moneys transferred pursuant to section 99G.39 from the lottery fund to the veterans trust fund, three hundred thousand dollars.7It is the intent of the general assembly that beginning with the fiscal year beginning July 1, 2008, appropriations be made annually to the veterans trust fund. Prior to any additional appropriations to this fund, the department shall provide the general assembly with information identifying immediate and long-term veteran services throughout the state and a plan for delivering those services.8Moneys appropriated to the commission under this section shall not be used to supplant funding provided by other sources. The moneys may be expended upon a majority vote of the commission membership for the benefit of veterans and the spouses and dependents of veterans, for any of the following purposes:aTravel expenses for wounded veterans, and their spouses, directly related to follow-up medical care.bJob training or college tuition assistance for job retraining.cUnemployment assistance during a period of unemployment due to prolonged physical or mental illness or disability resulting from military service.dExpenses related to the purchase of durable medical equipment or services to allow veterans to remain in their homes.eExpenses related to hearing care, dental care, vision care, or prescription drugs.fIndividual counseling or family counseling programs.gFamily support group programs or programs for children of members of the military.hHonor guard services.iExpenses related to ambulance and emergency room services for veterans who are trauma patients.jEmergency expenses related to vehicle repair, housing repair, or temporary housing assistance.kExpenses related to establishing whether a minor child is a dependent of a deceased veteran.lExpenses related to initial screening for any military service-connected traumatic brain injury sustained while on federal active duty, state active duty, or national guard duty, as defined in section 29A.1, or sustained while on federal reserve duty pursuant to orders issued under Tit. 10 of the United States Code for which payment or reimbursement is not otherwise available through any other federal or state program or, if applicable, through a veteran’s private insurance or managed care organization. A veteran seeking moneys for expenses pursuant to this paragraph “l” shall not be subject to an income limit.mExpenses related to survivor outreach activities supported by the department of public defense established in section 29.1.nRental housing assistance for veterans who meet the definition of homeless, as set out in 42 U.S.C. §11302, for payment of rental application fees needed for obtaining rental housing.oMonetary assistance on a one-time basis per recipient to be used to prevent homelessness in an amount not to exceed one thousand dollars per recipient.9aA war orphans educational assistance account shall be created as a separate account in the veterans trust fund and moneys in the account shall not be commingled with any other moneys within the fund. Moneys credited to the war orphans educational assistance account shall only be expended for the purposes of assisting in the education of orphaned children of veterans as provided in this subsection. Interest or earnings on moneys deposited in the account shall be credited to the account.b1The commission may provide educational assistance funds to any child who has lived in the state of Iowa for two years preceding application for state educational assistance, and who is the child of a person who died prior to September 11, 2001, during active federal military service while serving in the armed forces or during active federal military service in the Iowa national guard or other military component of the United States, to defray the expenses of tuition, matriculation, laboratory and similar fees, books and supplies, board, lodging, and any other reasonably necessary expense for the child or children incident to attendance in this state at an educational or training institution of college grade, or in a business or vocational training school with standards approved by the department. The commission shall not expend more than six hundred dollars per year for educational assistance for any one child under this paragraph “b”.2A child eligible to receive funds under this subsection shall not receive more than three thousand dollars under this paragraph “b” during the child’s lifetime.c1Upon application by a child who is less than thirty-one years of age, and who is the child of a person who died on or after September 11, 2001, during active federal military service while serving in the armed forces or during active federal military service in the Iowa national guard or other military component of the United States, and who at the time of entering into active military service had maintained the person’s residence in the state for a period of at least six months immediately before entering into active military service, the commission shall provide state educational assistance in an amount of no more than the highest resident undergraduate tuition rate established per year for an institution of higher learning under the control of the state board of regents less the amount of any state and federal education benefits, grants, or scholarships received by the child, or the amount of the child’s established financial need, whichever is less, to defray the expenses of tuition at any postsecondary educational institution in this state.2A child eligible to receive state educational assistance under this paragraph “c” shall begin postsecondary education prior to reaching age twenty-six, shall not receive more than an amount equal to five times the highest resident undergraduate tuition rate established per year for an institution of higher learning under the control of the state board of regents during the child’s lifetime, and shall, to remain eligible for assistance, meet the academic progress standards of the postsecondary educational institution. Payments for state educational assistance for a child under this paragraph “c” shall be made to the applicable postsecondary educational institution. The college student aid commission may, if requested, assist the commission in administering this paragraph “c”.dEligibility for assistance pursuant to this subsection shall be determined upon application to the commission, whose decision is final. The eligibility of applicants shall be certified by the commission to the director of the department of administrative services in a timely manner, and all amounts that are or become due an individual or a training institution under this subsection shall be paid to the individual or institution by the director of the department of administrative services upon receipt by the director of certification by the president or governing board of the educational or training institution as to accuracy of charges made, and as to the attendance of the individual at the educational or training institution. The commission may pay over the annual sum set forth in this subsection to the educational or training institution in a lump sum, or in installments as the circumstances warrant, upon receiving from the institution such written undertaking as the department may require to assure the use of funds for the child for the authorized purposes and for no other purpose. A person is not eligible for the benefits of this subsection until the person has graduated from a high school or educational institution offering a course of training equivalent to high school training.eAny expense incurred in carrying out the provisions of this subsection shall be chargeable to the trust fund.10If the commission identifies other purposes for which the moneys appropriated under this section may be used for the benefit of veterans and the spouses and dependents of veterans, the commission shall submit recommendations for the addition of such purposes to the general assembly for review.11The commission shall submit an annual report to the general assembly by January 15 of each year concerning the veterans trust fund created by this section. The annual report shall include financial information concerning the moneys in the trust fund and shall also include information on the number, amount, and type of expenditures, if any, from the fund during the prior calendar year for the purposes described in subsection 8.12The department may adopt emergency rules under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph “b”, to implement the provisions of this section and the rules shall be effective immediately upon filing unless a later date is specified in the rules. Any rules adopted in accordance with this subsection shall also be published as a notice of intended action as provided in section 17A.4.13It is the intent of the general assembly that beginning with the fiscal year beginning July 1, 2013, appropriations be made as necessary to the war orphans educational assistance account of the veterans trust fund to pay all claims made pursuant to subsection 9. Prior to any additional appropriations to this account, the department shall provide the general assembly with information identifying immediate and long-term war orphans educational needs throughout the state and a plan for meeting those needs.2003 Acts, ch 131, §1; 2006 Acts, ch 1110, §1, 2; 2006 Acts, ch 1185, §66 – 68; 2007 Acts, ch 202, §7; 2008 Acts, ch 1012, §1; 2008 Acts, ch 1129, §1, 2, 3, 9; 2009 Acts, ch 164, §2, 7; 2012 Acts, ch 1029, §1; 2012 Acts, ch 1097, §1, 6; 2012 Acts, ch 1139, §1; 2013 Acts, ch 91, §1 – 3; 2013 Acts, ch 98, §1; 2013 Acts, ch 140, §54; 2015 Acts, ch 15, §1; 2017 Acts, ch 167, §21; 2018 Acts, ch 1064, §2 – 5; 2020 Acts, ch 1062, §94; 2022 Acts, ch 1034, §3 – 5; 2023 Acts, ch 64, §10; 2023 Acts, ch 119, §36; 2024 Acts, ch 1047, §5; 2024 Acts, ch 1128, §1, 235A.14Injured veterans grant program.1For the purposes of this section, “veteran” means any of the following:aA resident of this state who is or was a member of the national guard, reserve, or regular component of the armed forces of the United States who has served on active duty at any time after September 11, 2001, and, if discharged, was discharged under honorable conditions.bA nonresident of this state who is or was a member of a national guard unit located in this state prior to alert for mobilization who has served on active duty at any time after September 11, 2001, was injured while serving in the national guard unit located in this state, is not eligible to receive a similar grant from another state for that injury, and, if discharged, was discharged under honorable conditions.2An injured veterans grant program is created under the control of the department for the purpose of providing grants to eligible injured veterans. Providing grants to eligible injured veterans pursuant to this section is deemed to serve a vital and valid public purpose of the state by assisting injured veterans and their families.3The department may receive and accept donations, grants, gifts, and contributions from any public or private source for the purpose of providing grants under this section. Moneys received by the department pursuant to this subsection shall be deposited in an injured veterans trust fund which shall be created in the state treasury under the control of the department. Moneys credited to the trust fund are appropriated to the department for the purpose of providing injured veterans grants under this section and shall not be transferred, used, obligated, appropriated, or otherwise encumbered, except as provided in this section. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the trust fund shall be credited to the trust fund.4Moneys appropriated to or received by the department for providing injured veterans grants under this section may be expended for grants of up to ten thousand dollars to a veteran who is seriously injured or very seriously injured, as defined in the most recently published United States department of defense joint publication 1-02, to provide financial assistance to the veteran so that family members of the veteran may be with the veteran during the veteran’s recovery from an injury received in the line of duty after September 11, 2001.5The department shall adopt rules governing the distribution of grants under this section in accordance with the following:aGrants shall be paid in increments of two thousand five hundred dollars, up to a maximum of ten thousand dollars, upon proof that the veteran has been evacuated from the operational theater in which the veteran was injured to a military hospital or that the veteran has suffered an injury requiring at least thirty consecutive days of hospitalization at a military hospital, for an injury received in the line of duty and shall continue to be paid, at thirty-day intervals, up to the maximum amount, so long as the veteran is hospitalized or receiving medical care or rehabilitation services authorized by the military.bProof of continued medical care or rehabilitation services may include any reasonably reliable documentation showing that the veteran is receiving continued medical or rehabilitative care as a result of qualifying injuries. Proof that the injury occurred in the line of duty shall be made based upon the circumstances of the injury known at the time of evacuation from the place where the veteran was injured.cGrants for veterans injured after September 11, 2001, but prior to May 8, 2006, shall be payable, upon a showing that the veteran would have been eligible for payment had the injury occurred on or after May 8, 2006.d1A seriously injured veteran meeting all other requirements of this section may receive additional grants for subsequent, unrelated injuries that meet the requirements of this section. Any subsequent, unrelated injury shall be treated as if it were an initial injury for the purposes of determining eligibility or allotment.2Grants for veterans suffering subsequent, unrelated injuries after September 11, 2001, but prior to March 30, 2011, shall be payable, upon a showing that the veteran would have been eligible for payment had the subsequent, unrelated injury occurred on or after March 30, 2011.6The department may appear before the executive council and request funds to meet the funding needs of the grant program under this section if funds are made available to the executive council for this purpose.7The department, the commission, and the national guard shall collaborate on a report regarding the sustainability of future funding for the injured veterans grant program and shall submit their findings and recommendations in a written report to the governor and the general assembly by December 31, 2019.2006 Acts, ch 1106, §1, 4; 2006 Acts, ch 1185, §115; 2007 Acts, ch 22, §112, 116; 2007 Acts, ch 142, §1, 2; 2010 Acts, ch 1047, §1; 2011 Acts, ch 12, §1 – 3; 2012 Acts, ch 1012, §1; 2019 Acts, ch 9, §1 – 335A.15Home ownership assistance program.Repealed by 2008 Acts, ch 1120, §2.See §16.54. 35A.16County commissions of veteran affairs fund — appropriation.1aA county commissions of veteran affairs fund is created within the state treasury under the control of the department. The fund shall consist of appropriations made to the fund and any other moneys available to and obtained or accepted by the department from the federal government or private sources for deposit in the fund.bThere is appropriated from the general fund of the state to the department, for the fiscal year beginning July 1, 2009, and for each subsequent fiscal year, the sum of nine hundred ninety thousand dollars to be credited to the county commissions of veteran affairs fund.2Notwithstanding section 12C.7, interest or earnings on moneys in the county commissions of veteran affairs fund shall be credited to the county commissions of veteran affairs fund. Notwithstanding section 8.33, moneys remaining in the county commissions of veteran affairs fund at the end of a fiscal year shall not revert to the general fund of the state.3aIf sufficient moneys are available, the department shall annually allocate ten thousand dollars to each county commission of veteran affairs, or to each county sharing the services of an executive director or administrator pursuant to chapter 28E, to be used to provide services to veterans pursuant to section 35B.6 and provide for and maintain accreditation in accordance with the policies and procedures of the United States department of veterans affairs. Each county receiving an allocation shall annually report on expenditure of the allocation in a form agreed to by the department and county representatives.bIf a county fails to be in compliance with the requirements of section 35B.6 on June 30 of each fiscal year, all moneys received by the county pursuant to this subsection during that fiscal year shall be reimbursed to the county commissions of veteran affairs fund.cMoneys distributed to a county under this subsection shall be used to supplement and not supplant any existing funding provided by the county or received by the county from any other source. The department shall adopt a maintenance of effort requirement for moneys distributed under this subsection.4A county commission of veteran affairs training program account shall be established within the county commissions of veteran affairs fund. Any moneys remaining in the fund after the allocations under subsection 3 shall be credited to the account and are appropriated to the department to fund the county commission of veteran affairs training program under section 35A.5, subsection 6, and training for department personnel. In addition, from the moneys transferred to the account from the veterans trust fund created in section 35A.13, the department shall annually allocate three thousand dollars to each county commission of veteran affairs, or to each county sharing the services of an executive director or administrator pursuant to chapter 28E, to be used for national training and related expenses of county veteran service officers and appropriate staff.2008 Acts, ch 1130, §2, 10; 2009 Acts, ch 4, §1; 2010 Acts, ch 1031, §409; 2012 Acts, ch 1059, §6; 2024 Acts, ch 1047, §6, 7; 2024 Acts, ch 1128, §3; 2024 Acts, ch 1157, §61For temporary exceptions to appropriations contained in this section, see appropriations and other noncodified enactments in annual Acts of the general assembly35A.17County commission of veteran affairs training program.Repealed by 2024 Acts, ch 1047, §11.35A.18Presentation of flags.1For the purposes of this section, unless the context otherwise requires, “member of the armed forces of the United States” means a person who was a resident of this state and a member of the national guard, reserve, or regular component of the armed forces of the United States at the time of the person’s death.2If the governor issues a proclamation for the national and state flags to be flown at half-staff in recognition of the death of a member of the armed forces of the United States while serving on active duty, the office of the governor shall present the flags that were flown over the state capitol to the member’s surviving spouse. If the member does not have a surviving spouse, the two flags shall be presented to another individual who is part of the member’s immediate family. The cost of the flags is the responsibility of the department.2009 Acts, ch 45, §135A.19War orphans educational assistance fund.Repealed by 2013 Acts, ch 91, §4.35A.20Expenditure by department.Repealed by 2013 Acts, ch 91, §4.35A.21Eligibility and payment of assistance.Repealed by 2013 Acts, ch 91, §4.35A.22Expenses chargeable to fund.Repealed by 2013 Acts, ch 91, §4.