Senate File 2064 - Introduced



                                       SENATE FILE       
                                       BY  BLACK


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the transfer of veterans commemorative
  2    property placed in a cemetery, recodifying a provision
  3    regarding veteran markers, and providing a penalty.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5146SS 81
  6 eg/je/5

PAG LIN



  1  1    Section 1.  Section 35A.5, Code Supplement 2005, is amended
  1  2 by adding the following new subsection:
  1  3    NEW SUBSECTION.  11.  Authorize the sale, trade, or
  1  4 transfer of veterans commemorative property pursuant to
  1  5 chapter 37A.
  1  6    Sec. 2.  NEW SECTION.  37A.1  VETERANS COMMEMORATIVE
  1  7 PROPERTY.
  1  8    1.  For purposes of this chapter, unless the context
  1  9 otherwise requires:
  1 10    a.  "Cemetery" means as defined in section 523I.102, but
  1 11 includes pioneer cemeteries.  "Cemetery" does not include
  1 12 religious cemeteries as defined in section 523I.102 that
  1 13 commenced business prior to July 1, 2005.
  1 14    b.  "Department" means the Iowa department of veterans
  1 15 affairs.
  1 16    c.  "Veteran" means a deceased person who served in the
  1 17 armed forces of the United States during a war in which the
  1 18 United States was engaged or served full=time in active duty
  1 19 in a force of an organized state militia, excluding service in
  1 20 the national guard when in an inactive status.
  1 21    d.  "Veterans commemorative property" means any memorial as
  1 22 defined in section 523I.102, including a headstone, plaque,
  1 23 statue, urn, decoration, flag holder, badge, shield, item of
  1 24 memorabilia, or other embellishment, that meets all of the
  1 25 following criteria:
  1 26    (1)  Is over seventy=five years old.
  1 27    (2)  Identifies or commemorates any veteran or group of
  1 28 veterans, including any veterans organization or any military
  1 29 unit, company, battalion, or division.
  1 30    (3)  Has been placed in a cemetery.
  1 31    e.  "Veterans organization" means the grand army of the
  1 32 republic, sons of union veterans of the civil war, sons of
  1 33 confederate veterans, veterans of foreign wars, disabled
  1 34 American veterans, united Spanish war veterans, the Jewish war
  1 35 veterans of the United States, inc., the catholic war
  2  1 veterans, inc., American legion, American veterans of World
  2  2 War II, Italian American war veterans of the United States,
  2  3 inc., or other corporation or association of veterans.
  2  4    2.  A person who owns or controls a cemetery where any
  2  5 veterans commemorative property has been placed shall not
  2  6 sell, trade, or transfer any part of such veterans
  2  7 commemorative property unless the department authorizes the
  2  8 person to do so.  The department may authorize the sale,
  2  9 trade, or transfer based upon the following criteria:
  2 10    a.  The veterans commemorative property is at reasonable
  2 11 risk of physically deteriorating so that it will become
  2 12 unrecognizable as identifying or commemorating the veteran or
  2 13 group of veterans originally identified or commemorated.
  2 14    b.  The veterans commemorative property is proposed to be
  2 15 sold, traded, or transferred to a suitable person that will
  2 16 preserve the current condition of the veterans commemorative
  2 17 property and place it in a suitable place that will
  2 18 commemorate the veteran or group of veterans.
  2 19    c.  The person needs to sell, trade, or transfer the
  2 20 veterans commemorative property to ensure that sufficient
  2 21 funds are available to suitably maintain the cemetery where
  2 22 the veterans commemorative property is placed, and the
  2 23 specific lot, plot, grave, burial place, niche, crypt, or
  2 24 other place of interment of such veteran or group of veterans.
  2 25    d.  The veterans commemorative property that is to be sold,
  2 26 traded, or transferred will be replaced at its original site
  2 27 by a fitting replacement commemorative property, monument, or
  2 28 marker that appropriately identifies and commemorates the
  2 29 veteran or group of veterans.
  2 30    e.  If the person reasonably believes that the veterans
  2 31 commemorative property to be sold, traded, or transferred was
  2 32 donated by a veterans organization, the veterans organization
  2 33 consents to the sale, trade, or transfer of the veterans
  2 34 commemorative property.
  2 35    f.  If the person is not the owner of the veterans
  3  1 commemorative property that is to be sold, traded, or
  3  2 transferred, the person is authorized by the owner of such
  3  3 veterans commemorative property, or by operation of law other
  3  4 than this section, to sell, trade, or transfer the veterans
  3  5 commemorative property and to retain and use the proceeds of
  3  6 the sale, trade, or transfer.
  3  7    3.  A person who engages in the sale, trade, or transfer of
  3  8 veterans commemorative property without the authorization of
  3  9 the department pursuant to this section is guilty of a simple
  3 10 misdemeanor.
  3 11    4.  The department may adopt rules in accordance with
  3 12 chapter 17A to administer this chapter.
  3 13    Sec. 3.  CODE EDITOR DIRECTIVE.  The Code editor is
  3 14 directed to transfer section 714.7A regarding theft of a
  3 15 veteran's grave marker to chapter 35B as section 35B.16A.
  3 16                           EXPLANATION
  3 17    This bill prohibits the unauthorized sale, trade, or
  3 18 transfer of veterans commemorative property; a person that
  3 19 engages in an unauthorized sale, trade, or transfer of
  3 20 veterans commemorative property is guilty of a simple
  3 21 misdemeanor.  A simple misdemeanor is punishable by
  3 22 confinement for no more than 30 days or a fine of at least $50
  3 23 but not more than $500 or by both.
  3 24    Any type of memorial more than 75 years old that
  3 25 commemorates or identifies a veteran or a group of veterans
  3 26 and rests in a cemetery qualifies as veterans commemorative
  3 27 property.  The bill also contains definitions for "cemetery",
  3 28 "veteran", and "veterans organization".  "Cemetery" does not
  3 29 include certain restricted private burial sites, but does
  3 30 include pioneer cemeteries, i.e., a cemetery where there were
  3 31 six or fewer burials in the preceding 50 years.  The bill does
  3 32 not apply to religious cemeteries, as defined in Code section
  3 33 523I.102, that commenced operation prior to July 1, 2005; this
  3 34 is consistent with the Iowa Cemetery Act passed in 2005.
  3 35    A person who owns or controls a cemetery where any veterans
  4  1 commemorative property is placed is required to obtain
  4  2 authorization from the Iowa department of veterans affairs to
  4  3 sell, trade, or transfer all or any part of such veterans
  4  4 commemorative property.  The department may authorize the
  4  5 sale, trade, or transfer, based upon specific criteria as
  4  6 follows.
  4  7    1.  The veterans commemorative property is at reasonable
  4  8 risk of physically deteriorating so that the commemoration or
  4  9 identification will become unrecognizable.
  4 10    2.  The person who owns or controls a cemetery needs to
  4 11 sell, trade, or transfer veterans commemorative property in
  4 12 order to adequately maintain the cemetery and place of
  4 13 interment of the veteran or group of veterans.
  4 14    3.  The veterans commemorative property to be sold, traded,
  4 15 or transferred will be replaced with a suitable replacement
  4 16 that identifies and commemorates the veteran or group of
  4 17 veterans.
  4 18    4.  If the veterans commemorative property was donated by a
  4 19 veterans organization, such donor consents to the sale, trade,
  4 20 or transfer.
  4 21    5.  The person, if not the owner of the veterans
  4 22 commemorative property, is authorized to sell, trade, or
  4 23 transfer such property and retain and use the resulting
  4 24 proceeds.
  4 25    The bill allows the department to adopt rules needed to
  4 26 administer the new Code chapter.
  4 27    The bill directs the Code editor to transfer Code section
  4 28 714.7A to Code chapter 35B as section 35B.16A.  This provision
  4 29 deals with theft of a veteran's grave marker.  Code chapter
  4 30 35B provides for veteran markers and other veterans affairs
  4 31 matters.  Code chapter 714 covers theft, fraud, and related
  4 32 offenses, in general.
  4 33 LSB 5146SS 81
  4 34 eg:rj/je/5