Senate File 2080
SENATE FILE
BY HORN, KIBBIE, FRAISE,
McCOY, BEALL, RAGAN,
KREIMAN, QUIRMBACH,
COURTNEY, DEARDEN, HATCH,
DOTZLER, STEWART, and DVORSKY
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for a death benefit for soldiers who die in the
2 line of duty and providing an effective date and retroactive
3 applicability provision.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5645XS 80
6 ec/sh/8
PAG LIN
1 1 Section 1. Section 35A.13, subsection 6, Code Supplement
1 2 2003, is amended by adding the following new paragraph:
1 3 NEW PARAGRAPH. g. A soldier death benefit as provided by
1 4 section 35A.14.
1 5 Sec. 2. NEW SECTION. 35A.14 SOLDIER DEATH BENEFIT ==
1 6 ELIGIBILITY.
1 7 1. There is appropriated annually from the general fund of
1 8 the state to the commission for deposit in the veterans trust
1 9 fund created in section 35A.13 an amount sufficient to pay
1 10 death benefit claims under this section. The director of the
1 11 department of administrative services shall issue warrants for
1 12 payment of death benefit claims approved for payment by the
1 13 commission under subsection 2.
1 14 2. a. If the commission determines, upon the receipt of
1 15 sufficient evidence and proof, that the death of a soldier was
1 16 the direct and proximate result of a traumatic personal injury
1 17 incurred in the line of duty as a soldier, a line of duty
1 18 death benefit in an amount of one hundred thousand dollars
1 19 shall be paid in a lump sum to the soldier's eligible
1 20 beneficiary. A line of duty death benefit payable under this
1 21 subsection shall be in addition to any other death benefit
1 22 payable to the soldier.
1 23 b. A line of duty death benefit shall not be payable under
1 24 this subsection if any of the following applies:
1 25 (1) The death resulted from stress, strain, occupational
1 26 illness, or a chronic, progressive, or congenital illness,
1 27 including, but not limited to, a disease of the heart, lungs,
1 28 or respiratory system, unless a traumatic personal injury was
1 29 a substantial contributing factor to the soldier's death.
1 30 (2) The death was caused by the intentional misconduct of
1 31 the soldier or by such soldier's intent to cause the soldier's
1 32 own death.
1 33 (3) The soldier was voluntarily intoxicated at the time of
1 34 death.
1 35 (4) The soldier was performing the soldier's duties in a
2 1 grossly negligent manner at the time of death.
2 2 (5) An eligible beneficiary who would otherwise be
2 3 entitled to a benefit under this subsection was, through the
2 4 beneficiary's actions, a substantial contributing factor to
2 5 the soldier's death.
2 6 3. For purposes of this section:
2 7 a. "Eligible beneficiary" means the beneficiary designated
2 8 by the soldier for receipt of a death benefit for service
2 9 while in the armed forces of the United States. If the
2 10 soldier failed to designate a beneficiary, or if the
2 11 beneficiary designated by the soldier predeceases the member,
2 12 an "eligible beneficiary" means, in order of priority, the
2 13 following:
2 14 (1) The soldier's surviving spouse.
2 15 (2) The soldier's surviving children, including any adult
2 16 children, in equal shares.
2 17 (3) The soldier's surviving parents, in equal shares.
2 18 (4) The soldier's estate.
2 19 (5) The soldier's heirs if the estate is not probated.
2 20 b. "Soldier" means a resident of this state who was, at
2 21 the time of the soldier's death, serving in the armed forces
2 22 of the United States in active federal service or serving in
2 23 state active duty, as defined in section 29A.1, as a member of
2 24 the Iowa national guard.
2 25 Sec. 3. EFFECTIVE DATE == RETROACTIVE APPLICABILITY. This
2 26 Act, being deemed of immediate importance, takes effect upon
2 27 enactment and is retroactively applicable to September 11,
2 28 2001, and is applicable on and after that date.
2 29 EXPLANATION
2 30 This bill establishes a soldier's death benefit of $100,000
2 31 for residents of Iowa who are killed in the line of duty while
2 32 a member of the armed forces in active federal service or as a
2 33 member of the Iowa national guard in state active duty. The
2 34 bill provides that the commission of veterans affairs shall
2 35 determine payment of the death benefit. The bill establishes
3 1 a standing unlimited appropriation to the commission for
3 2 deposit in the veterans trust fund for payment of such death
3 3 benefits. The bill defines an "eligible beneficiary" of this
3 4 death benefit as the person otherwise designated to receive a
3 5 military death benefit for that soldier, or if no person is
3 6 designated or the person predeceases the soldier, then, in
3 7 order of priority, the soldier's spouse, children, parents,
3 8 estate, or heirs are the eligible beneficiary.
3 9 The bill takes effect upon enactment and is retroactively
3 10 applicable to September 11, 2001.
3 11 LSB 5645XS 80
3 12 ec/sh/8