Senate File 2134 - Enrolled
PAG LIN
1 1 SENATE FILE 2134
1 2
1 3 AN ACT
1 4 RELATING TO VETERANS AFFAIRS BY MODIFYING TRAINING REQUIRE=
1 5 MENTS, REQUIRING EXECUTIVE DIRECTORS AND ADMINISTRATORS
1 6 TO PROVIDE MINIMUM HOURS OF SERVICE IN EACH COUNTY,
1 7 SPECIFYING EXECUTIVE DIRECTOR, ADMINISTRATOR, AND EMPLOYEE
1 8 DUTIES, CREATING A COUNTY COMMISSION OF VETERAN AFFAIRS
1 9 TRAINING PROGRAM, CREATING A COUNTY COMMISSIONS OF VETERAN
1 10 AFFAIRS FUND, PROVIDING AN APPROPRIATION, CONCERNING
1 11 ELIGIBILITY CRITERIA FOR SPECIAL GOLD STAR MOTOR VEHICLE
1 12 REGISTRATION PLATES AND PROVIDING AN EFFECTIVE DATE.
1 13
1 14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 15
1 16 Section 1. Section 35A.5, subsection 9, Code Supplement
1 17 2007, is amended to read as follows:
1 18 9. After consultation with the commission, provide
1 19 certification training to executive directors and
1 20 administrators of county commissions of veteran affairs
1 21 pursuant to section 35B.6. Training provided under this
1 22 subsection shall include accreditation by the national
1 23 association of county veteran service officers. Training
1 24 provided by the department shall be certified by the national
1 25 association of county veteran service officers and, in
1 26 addition, shall ensure that each executive director and
1 27 administrator is proficient in the use of electronic mail,
1 28 general computer use, and use of the internet to access
1 29 information regarding facilities, benefits, and services
1 30 available to veterans and their families. The department may
1 31 adopt rules in accordance with chapter 17A to provide for
1 32 training of county veteran affairs executive directors and
1 33 administrators.
1 34 Sec. 2. NEW SECTION. 35A.16 COUNTY COMMISSIONS OF
1 35 VETERAN AFFAIRS FUND == APPROPRIATION.
2 1 1. a. A county commissions of veteran affairs fund is
2 2 created within the state treasury under the control of the
2 3 department. The fund shall consist of appropriations made to
2 4 the fund and any other moneys available to and obtained or
2 5 accepted by the department from the federal government or
2 6 private sources for deposit in the fund.
2 7 b. There is appropriated from the general fund of the
2 8 state to the department, for the fiscal year beginning July 1,
2 9 2009, and for each subsequent fiscal year, the sum of one
2 10 million dollars to be credited to the county commissions of
2 11 veteran affairs fund.
2 12 2. Notwithstanding section 12C.7, interest or earnings on
2 13 moneys in the county commissions of veteran affairs fund shall
2 14 be credited to the county commissions of veteran affairs fund.
2 15 Notwithstanding section 8.33, moneys remaining in the county
2 16 commissions of veteran affairs fund at the end of a fiscal
2 17 year shall not revert to the general fund of the state.
2 18 3. If sufficient moneys are available, the department
2 19 shall annually allocate ten thousand dollars to each county
2 20 commission of veteran affairs, or to each county sharing the
2 21 services of an executive director or administrator pursuant to
2 22 chapter 28E, to be used for the employment of an executive
2 23 director or administrator pursuant to section 35B.6.
2 24 4. A county commission of veteran affairs training program
2 25 account shall be established within the county commissions of
2 26 veteran affairs fund. Any moneys remaining in the fund after
2 27 the allocations under subsection 3 shall be credited to the
2 28 account and used by the department to fund the county
2 29 commission of veteran affairs training program under section
2 30 35A.17.
2 31 Sec. 3. NEW SECTION. 35A.17 COUNTY COMMISSION OF VETERAN
2 32 AFFAIRS TRAINING PROGRAM.
2 33 1. A county commission of veteran affairs training program
2 34 is created under the control of the department for the purpose
2 35 of providing training, certification, and accreditation
3 1 opportunities for county commissions of veteran affairs
3 2 executive directors, administrators, and employees.
3 3 2. The department may receive and accept donations,
3 4 grants, gifts, and contributions from any public or private
3 5 source for the purpose of providing training opportunities
3 6 under this section. All funds received by the department
3 7 shall be deposited in the county commission of veteran affairs
3 8 training program account established in section 35A.16,
3 9 subsection 4.
3 10 3. a. The department shall use funds deposited in the
3 11 county commission of veteran affairs training program account
3 12 to organize statewide or regional training conferences and
3 13 provide training, certification, and accreditation
3 14 opportunities for county commissions of veteran affairs
3 15 executive directors, administrators, and employees, consistent
3 16 with the requirements of section 35A.5, subsection 9.
3 17 b. During the fiscal year beginning July 1, 2009, the
3 18 department shall use account funds to arrange for an
3 19 accreditation course by the national association of county
3 20 veteran service officers to take place within the state.
3 21 c. The department may use account funds to hire an agency,
3 22 organization, or other entity to provide training or
3 23 educational programming, reimburse county executive directors,
3 24 administrators, and employees for transportation costs related
3 25 to a conference or program, or both.
3 26 4. The department shall adopt rules, pursuant to chapter
3 27 17A, deemed necessary for the administration of the county
3 28 commission of veteran affairs training program.
3 29 Sec. 4. Section 35B.6, subsection 1, Code 2007, is amended
3 30 to read as follows:
3 31 1. a. The members of the commission shall qualify by
3 32 taking the usual oath of office, and give bond in the sum of
3 33 five hundred dollars each, conditioned for the faithful
3 34 discharge of their duties with sureties to be approved by the
3 35 county auditor. The commission shall organize by the
4 1 selection of one of their members as chairperson, and one as
4 2 secretary. The commission, subject to the approval of the
4 3 board of supervisors, shall have power to employ an executive
4 4 director or administrator and shall have the power to employ
4 5 other necessary employees when needed, including
4 6 administrative or clerical assistants when needed, the. The
4 7 compensation of such employees to shall be fixed by the board
4 8 of supervisors, but no member of the commission shall be so
4 9 employed. The executive director must possess the same
4 10 qualifications as provided in section 35B.3 for commission
4 11 members. However, this qualification requirement shall not
4 12 apply to a person employed as an executive director prior to
4 13 July 1, 1989.
4 14 b. The commission may employ an administrator in lieu of
4 15 an executive director. Administrators shall not be required
4 16 to meet all the qualifications provided in section 35B.3 for
4 17 commissioners. An administrator may hold another position
4 18 within the county or other government entity while serving as
4 19 an administrator only if such position does not adversely
4 20 affect the administrator's duties under this chapter.
4 21 b. c. Upon the employment of an executive director or
4 22 administrator, the executive director or administrator shall
4 23 complete a course of initial certification training provided
4 24 by the department of veterans affairs pursuant to section
4 25 35A.5. If an executive director or administrator fails to
4 26 obtain certification within one year of being employed, the
4 27 executive director or administrator shall be removed from
4 28 office. If an executive director is not appointed, a A
4 29 commissioner or a clerical assistant shall other commission
4 30 employee may also complete the course of certification
4 31 training. The department shall issue the executive director,
4 32 administrator, commissioner, or clerical assistant employee a
4 33 certificate of training after completion of the initial
4 34 certification training course. To maintain annual
4 35 certification, the executive director, administrator,
5 1 commissioner, or clerical assistant employee shall attend one
5 2 department training course each year satisfy the continuing
5 3 education requirements established by the national association
5 4 of county veteran service officers. Failure of an executive
5 5 director or administrator to maintain certification may shall
5 6 be cause for removal from office. The expenses of training
5 7 the executive director or administrator shall be paid from the
5 8 appropriation authorized in section 35B.14.
5 9 d. The duties of the executive director, administrator,
5 10 and employees shall include all of the following:
5 11 (1) Inform members of the armed forces, veterans, and
5 12 their dependents of all federal, state, and local laws enacted
5 13 for their benefit.
5 14 (2) Assist all residents of the state who served in the
5 15 armed forces of the United States and their relatives,
5 16 beneficiaries, and dependents in receiving from the United
5 17 States and this state any and all compensation, pensions,
5 18 hospitalization, insurance, education, employment pay and
5 19 gratuities, loan guarantees, or any other aid or benefit to
5 20 which they may be entitled under any law.
5 21 e. The department of veterans affairs or county veteran
5 22 affairs offices shall not charge for any service provided to
5 23 any individual.
5 24 Sec. 5. Section 35B.6, subsection 2, Code 2007, is amended
5 25 to read as follows:
5 26 2. Two or more boards of supervisors may agree, pursuant
5 27 to chapter 28E, to share the services of an executive director
5 28 or administrator. The agreement shall provide for the
5 29 establishment of a commission of veteran affairs office in
5 30 each of the counties participating in the agreement.
5 31 Sec. 6. Section 35B.6, subsection 4, Code 2007, is amended
5 32 by striking the subsection and inserting in lieu thereof the
5 33 following:
5 34 4. a. Each county commission of veteran affairs shall
5 35 maintain an office in a building owned, operated, or leased by
6 1 the county.
6 2 b. An executive director or administrator employed
6 3 pursuant to subsection 1 shall provide veterans services for
6 4 the following minimum number of hours each week:
6 5 (1) For a county with a population of thirty thousand or
6 6 less, no fewer than twenty hours per week.
6 7 (2) For a county with a population of more than thirty
6 8 thousand and less than sixty thousand, no fewer than thirty
6 9 hours per week.
6 10 (3) For a county with a population of sixty thousand or
6 11 more, no fewer than forty hours per week.
6 12 c. Counties sharing the services of an executive director
6 13 or administrator shall consider the aggregate population of
6 14 such counties when determining the number of hours of service
6 15 required under paragraph "b". The number of hours shall be
6 16 allocated between the counties in the proportion that the
6 17 population of each county bears to the aggregate population.
6 18 d. The hours that the office established under paragraph
6 19 "a", is open shall be posted in a prominent position outside
6 20 the office.
6 21 Sec. 7. Section 35B.14, Code 2007, is amended to read as
6 22 follows:
6 23 35B.14 COUNTY APPROPRIATION.
6 24 1. The board of supervisors of each county may appropriate
6 25 moneys for training an executive director or administrator as
6 26 provided for in section 35B.6, the food, clothing, shelter,
6 27 utilities, medical benefits, and funeral expenses of indigent
6 28 veterans, as defined in section 35.1, and their indigent
6 29 spouses, surviving spouses, and minor children not over
6 30 eighteen years of age, having a legal residence in the county.
6 31 2. The appropriation shall be expended by the joint action
6 32 and control of the board of supervisors and the county
6 33 commission of veteran affairs.
6 34 Sec. 8. Section 321.34, subsection 24, Code Supplement
6 35 2007, is amended to read as follows:
7 1 24. GOLD STAR PLATES. An owner referred to in subsection
7 2 12 who is the surviving spouse, parent, child, or sibling of a
7 3 deceased member of the United States armed forces who died
7 4 while serving on active duty during a time of military
7 5 conflict or who died as a result of such service may order
7 6 special registration plates bearing a gold star emblem upon
7 7 written application to the department accompanied by
7 8 satisfactory supporting documentation as determined by the
7 9 department. The gold star emblem shall be designed by the
7 10 department in cooperation with the commission of veterans
7 11 affairs. The special plate fees collected by the director
7 12 under subsection 12, paragraph "a", from the issuance and
7 13 annual validation of letter=number designated and personalized
7 14 gold star plates shall be paid monthly to the treasurer of
7 15 state and credited to the road use tax fund. Notwithstanding
7 16 section 423.43, and prior to the crediting of revenues to the
7 17 road use tax fund under section 423.43, subsection 1,
7 18 paragraph "b", the treasurer of state shall transfer monthly
7 19 from those revenues to the veterans license fee fund created
7 20 in section 35A.11 the amount of the special fees collected in
7 21 the previous month for gold star plates.
7 22 Sec. 9. STATE MANDATE FUNDING SPECIFIED. In accordance
7 23 with section 25B.2, subsection 3, the state cost of requiring
7 24 compliance with any state mandate included in this Act shall
7 25 be moneys appropriated in this Act and shall be deemed to meet
7 26 all the state funding=related requirements of section 25B.2,
7 27 subsection 3, and no specific state funding shall be necessary
7 28 for the full implementation of this Act by and enforcement of
7 29 this Act against all affected political subdivisions.
7 30 Sec. 10. EFFECTIVE DATE. This Act takes effect on July 1,
7 31 2009, except for section 8 of this Act, amending section
7 32 321.34, which shall take effect on July 1, 2008.
7 33
7 34
7 35
8 1 JOHN P. KIBBIE
8 2 President of the Senate
8 3
8 4
8 5
8 6 PATRICK J. MURPHY
8 7 Speaker of the House
8 8
8 9 I hereby certify that this bill originated in the Senate and
8 10 is known as Senate File 2134, Eighty=second General Assembly.
8 11
8 12
8 13
8 14 MICHAEL E. MARSHALL
8 15 Secretary of the Senate
8 16 Approved , 2008
8 17
8 18
8 19
8 20 CHESTER J. CULVER
8 21 Governor