House File 2181
HOUSE FILE
BY STEVENS, DANDEKAR, STRUYK,
and QUIRK
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act creating a Persian Gulf conflict veterans bonus and
2 providing a tax exemption and a penalty.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6200YH 80
5 jr/pj/5
PAG LIN
1 1 Section 1. Section 35A.8, Code Supplement 2003, is amended
1 2 by adding the following new subsection:
1 3 NEW SUBSECTION. 5. a. The executive director shall
1 4 provide for the administration of the bonus authorized in this
1 5 subsection. The commission shall adopt rules, pursuant to
1 6 chapter 17A, as necessary to administer this subsection
1 7 including, but not limited to, application procedures,
1 8 investigation, approval or disapproval, and payment of claims.
1 9 b. (1) Each person who served on active duty in the armed
1 10 forces of the United States at any time between August 2,
1 11 1990, and December 5, 1995, both dates inclusive, and who at
1 12 the time of entering into active duty service was a legal
1 13 resident of the state of Iowa, and who had maintained the
1 14 person's residence in this state for a period of at least six
1 15 months immediately before entering into active duty service,
1 16 and was honorably discharged or separated from active duty
1 17 service, is entitled to receive from moneys appropriated for
1 18 that purpose the sum of twelve dollars and fifty cents for
1 19 each month that the person was on active duty service, within
1 20 the dates specified in this paragraph, not to exceed a total
1 21 sum of five hundred dollars. Compensation for a fraction of a
1 22 month shall not be considered unless the fraction is sixteen
1 23 days or more, in which case the fraction shall be computed as
1 24 a full month.
1 25 (2) A person is not entitled to compensation pursuant to
1 26 this subsection if the person received a bonus or compensation
1 27 similar to that provided in this subsection from another
1 28 state.
1 29 (3) A person is not entitled to compensation pursuant to
1 30 this subsection if the person was on active duty service after
1 31 August 2, 1990, and the person refused on conscientious,
1 32 political, religious, or other grounds to be subject to
1 33 military discipline.
1 34 (4) The surviving unremarried widow or widower, child or
1 35 children, mother, father, or person standing in loco parentis,
2 1 in the order named and none other, of any deceased person,
2 2 shall be paid the compensation that the deceased person would
2 3 be entitled to pursuant to this subsection, if living, but if
2 4 any person has died or shall die, or is disabled, from
2 5 service=connected causes incurred during the period and in the
2 6 area from which the person is entitled to receive compensation
2 7 pursuant to this subsection, the person or the first survivor
2 8 as designated by this subsection, and in the order named,
2 9 shall be paid five hundred dollars, regardless of the length
2 10 of service.
2 11 c. A person who knowingly makes a false statement relating
2 12 to a material fact in supporting an application under this
2 13 subsection is guilty of a serious misdemeanor. A person
2 14 convicted pursuant to this subsection shall forfeit all
2 15 benefits to which the person may have been entitled under this
2 16 subsection.
2 17 d. All payments and allowances made under this subsection
2 18 shall be exempt from taxation and from levy and sale on
2 19 execution.
2 20 e. The bonus compensation authorized under this subsection
2 21 shall be paid from moneys appropriated for that purpose.
2 22 f. A Persian Gulf conflict veterans bonus fund is created
2 23 in the state treasury. The Persian Gulf conflict veterans
2 24 bonus fund shall consist of all moneys appropriated to the
2 25 fund to pay the bonus compensation authorized in this
2 26 subsection. Notwithstanding section 12C.7, interest or
2 27 earnings on investments or time deposits of the moneys in the
2 28 Persian Gulf conflict veterans bonus fund shall be credited to
2 29 the bonus fund. Section 8.33 does not apply to moneys
2 30 appropriated to the Persian Gulf conflict veterans bonus fund.
2 31 EXPLANATION
2 32 This bill creates a Persian Gulf conflict veterans bonus
2 33 for persons who served on active duty in the United States
2 34 armed forces during the period August 2, 1990, through
2 35 December 5, 1995. Eligible persons may receive $12.50 for
3 1 each month that the person was on active duty, within the
3 2 dates specified, not to exceed a total sum of $500. The
3 3 payments are exempt from taxation, levy, and execution. A
3 4 criminal penalty is provided for submission of a fraudulent
3 5 application for the bonus. Payment of the bonuses is subject
3 6 to the making of an appropriation by the general assembly.
3 7 LSB 6200YH 80
3 8 jr/pj/5