House File 2219 HOUSE FILE BY QUIRK, STEVENS, DANDEKAR, and STRUYK Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act creating a Vietnam conflict veterans bonus for a certain 2 period of active duty military service, and providing a tax 3 exemption and a penalty. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 6201HH 80 6 jr/sh/8 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) A person who served on active duty for not less 1 10 than one hundred twenty days in the armed forces of the United 1 11 States at any time between July 1, 1973, and May 31, 1975, 1 12 both dates inclusive, and who at the time of entering into 1 13 active duty service was a legal resident of the state of Iowa, 1 14 and who had maintained the person's residence in this state 1 15 for a period of at least six months immediately before 1 16 entering into active duty service, and was honorably 1 17 discharged or separated from active duty service, or is still 1 18 in active service in an honorable status, or has been retired, 1 19 or has been furloughed to a reserve, or has been placed on 1 20 inactive status is entitled to receive from moneys 1 21 appropriated for that purpose the sum of seventeen dollars and 1 22 fifty cents for each month that the person was on active duty 1 23 service in the Vietnam service area, within the dates 1 24 specified in this subparagraph, if the veteran earned either a 1 25 Vietnam service medal or an armed forces expeditionary medal= 1 26 Vietnam or can otherwise establish service in the Vietnam 1 27 service area during that period. Compensation under this 1 28 subparagraph shall not exceed a total sum of five hundred 1 29 dollars. Compensation for a fraction of a month shall not be 1 30 considered unless the fraction is sixteen days or more, in 1 31 which case the fraction shall be computed as a full month. 1 32 (2) A person otherwise qualified under this paragraph "b" 1 33 except that the person did not earn either a Vietnam service 1 34 medal or an armed forces expeditionary medal=Vietnam, and did 1 35 not serve in the Vietnam service area during the period 2 1 between July 1, 1973, and May 31, 1975, both dates inclusive, 2 2 is entitled to receive from moneys appropriated for that 2 3 purpose the sum of twelve dollars and fifty cents for each 2 4 month that the person was on active duty service, within the 2 5 dates specified in this subparagraph. Compensation under this 2 6 subparagraph shall not exceed a total sum of three hundred 2 7 dollars. Compensation for a fraction of a month shall not be 2 8 considered unless the fraction is sixteen days or more, in 2 9 which case the fraction shall be computed as a full month. 2 10 (3) A person is not entitled to compensation pursuant to 2 11 this subsection if the person received a bonus or compensation 2 12 similar to that provided in this subsection from another 2 13 state. 2 14 (4) A person is not entitled to compensation pursuant to 2 15 this subsection if the person was on active duty service after 2 16 July 1, 1973, and the person refused on conscientious, 2 17 political, religious, or other grounds, to be subject to 2 18 military discipline. 2 19 (5) The surviving unremarried widow or widower, child or 2 20 children, mother, father, or person standing in loco parentis, 2 21 in the order named and none other, of any deceased person, 2 22 shall be paid the compensation that the deceased person would 2 23 be entitled to pursuant to this subsection, if living, but if 2 24 any person has died or shall die, or is disabled, from 2 25 service=connected causes incurred during the period and in the 2 26 area from which the person is entitled to receive compensation 2 27 pursuant to this subsection, the person or the first survivor 2 28 as designated by this subsection, and in the order named, 2 29 shall be paid five hundred dollars or three hundred dollars, 2 30 whichever maximum amount applies pursuant to subparagraph (1) 2 31 or (2), regardless of the length of service. 2 32 c. A person who knowingly makes a false statement relating 2 33 to a material fact in supporting an application under this 2 34 subsection is guilty of a serious misdemeanor. A person 2 35 convicted pursuant to this subsection shall forfeit all 3 1 benefits to which the person may have been entitled under this 3 2 subsection. 3 3 d. All payments and allowances made under this subsection 3 4 shall be exempt from taxation and from levy and sale on 3 5 execution. 3 6 e. The bonus compensation authorized under this subsection 3 7 shall be paid from moneys appropriated for that purpose. 3 8 f. A Vietnam conflict veterans bonus fund is created in 3 9 the state treasury. The Vietnam conflict veterans bonus fund 3 10 shall consist of all moneys appropriated to the fund to pay 3 11 the bonus compensation authorized in this subsection. 3 12 Notwithstanding section 12C.7, interest or earnings on 3 13 investments or time deposits of the moneys in the Vietnam 3 14 conflict veterans bonus fund shall be credited to the bonus 3 15 fund. Section 8.33 does not apply to moneys appropriated to 3 16 the Vietnam conflict veterans bonus fund. 3 17 EXPLANATION 3 18 This bill creates a Vietnam conflict veterans bonus for 3 19 persons who served on active duty in the United States armed 3 20 forces from July 1, 1973, through May 31, 1975. Eligible 3 21 persons may receive $17.50 for each month that the person was 3 22 on active duty in the Vietnam service area, within the dates 3 23 specified, not to exceed a total sum of $500. Persons who 3 24 served on active duty during the specified period but not in 3 25 the Vietnam service area may receive $12.50 per month, not to 3 26 exceed $300. The bonus payments are exempt from taxation, 3 27 levy, and execution. A criminal penalty is provided for a 3 28 submission of a fraudulent application for the bonus. 3 29 LSB 6201HH 80 3 30 jr/sh/8