House File 2261 - Introduced



                                       HOUSE FILE       
                                       BY  BAILEY


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

                                      A BILL FOR

  1 An Act relating to veterans affairs by modifying training
  2    requirements, requiring minimum hours of operation for local
  3    veteran affairs offices in each county, creating a county
  4    commission of veteran affairs training program, creating a
  5    county commissions of veteran affairs fund, providing an
  6    appropriation, and providing an effective date.
  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  8 TLSB 5259HH 82
  9 md/sc/5

PAG LIN



  1  1    Section 1.  Section 35A.5, subsection 9, Code Supplement
  1  2 2007, is amended to read as follows:
  1  3    9.  After consultation with the commission, provide
  1  4 certification training to executive directors of county
  1  5 commissions of veteran affairs pursuant to section 35B.6.
  1  6 Training provided under this subsection shall include
  1  7 accreditation by the national association of county veteran
  1  8 service officers.  Training provided by the department shall
  1  9 be certified by the national association of county veteran
  1 10 service officers and, in addition, shall ensure that each
  1 11 executive director is proficient in the use of electronic
  1 12 mail, general computer use, and use of the internet to access
  1 13 information regarding facilities, benefits, and services
  1 14 available to veterans and their families.  The department may
  1 15 adopt rules in accordance with chapter 17A to provide for
  1 16 training of county veteran affairs executive directors.
  1 17    Sec. 2.  NEW SECTION.  35A.16  COUNTY COMMISSIONS OF
  1 18 VETERAN AFFAIRS FUND == APPROPRIATION.
  1 19    1.  a.  A county commissions of veteran affairs fund is
  1 20 created within the state treasury under the control of the
  1 21 commission.  The fund shall consist of appropriations made to
  1 22 the fund and any other moneys available to and obtained or
  1 23 accepted by the department from the federal government or
  1 24 private sources for deposit in the fund.
  1 25    b.  There is appropriated from the general fund of the
  1 26 state to the commission, for the fiscal year beginning July 1,
  1 27 2009, and for each subsequent fiscal year, the sum of one
  1 28 million dollars to be credited to the county commissions of
  1 29 veteran affairs fund.
  1 30    2.  Notwithstanding section 12C.7, interest or earnings on
  1 31 moneys in the county commissions of veteran affairs fund shall
  1 32 be credited to the county commissions of veteran affairs fund.
  1 33 Notwithstanding section 8.33, moneys remaining in the county
  1 34 commissions of veteran affairs fund at the end of a fiscal
  1 35 year shall not revert to the general fund of the state.
  2  1    3.  If sufficient moneys are available, the commission
  2  2 shall annually allocate ten thousand dollars to each county
  2  3 commission of veteran affairs, or to each county sharing the
  2  4 services of an executive director pursuant to chapter 28E, to
  2  5 be used for the employment of an executive director pursuant
  2  6 to section 35B.6.
  2  7    4.  A county commission of veteran affairs training program
  2  8 account shall be established within the county commissions of
  2  9 veteran affairs fund.  Any moneys remaining in the fund after
  2 10 the allocations under subsection 3 shall be credited to the
  2 11 account and used by the department to fund the county
  2 12 commission of veteran affairs training program under section
  2 13 35A.17.
  2 14    Sec. 3.  NEW SECTION.  35A.17  COUNTY COMMISSION OF VETERAN
  2 15 AFFAIRS TRAINING PROGRAM.
  2 16    1.  A county commission of veteran affairs training program
  2 17 is created under the control of the commission for the purpose
  2 18 of providing training, certification, and accreditation
  2 19 opportunities for county commissions of veteran affairs
  2 20 executive directors and employees.
  2 21    2.  The department may receive and accept donations,
  2 22 grants, gifts, and contributions from any public or private
  2 23 source for the purpose of providing training opportunities
  2 24 under this section.  All funds received by the department
  2 25 shall be deposited in the county commission of veteran affairs
  2 26 training program account established in section 35A.16,
  2 27 subsection 4.
  2 28    3.  a.  The commission shall use funds deposited in the
  2 29 county commission of veteran affairs training program account
  2 30 to organize statewide or regional training conferences and
  2 31 provide training, certification, and accreditation
  2 32 opportunities for county commissions of veteran affairs
  2 33 executive directors and employees, consistent with the
  2 34 requirements of section 35A.5, subsection 9.
  2 35    b.  During the fiscal year beginning July 1, 2009, the
  3  1 commission shall use account funds to arrange for an
  3  2 accreditation course by the national association of county
  3  3 veteran service officers to take place within the state.
  3  4    c.  The commission may use account funds to hire an agency,
  3  5 organization, or other entity to provide training or
  3  6 educational programming, reimburse county executive directors
  3  7 and employees for transportation costs related to a conference
  3  8 or program, or both.
  3  9    4.  The department shall adopt rules, pursuant to chapter
  3 10 17A, deemed necessary for the administration of the county
  3 11 commission of veteran affairs training program.
  3 12    Sec. 4.  Section 35B.6, subsection 1, Code 2007, is amended
  3 13 to read as follows:
  3 14    1.  a.  The members of the commission shall qualify by
  3 15 taking the usual oath of office, and give bond in the sum of
  3 16 five hundred dollars each, conditioned for the faithful
  3 17 discharge of their duties with sureties to be approved by the
  3 18 county auditor.  The commission shall organize by the
  3 19 selection of one of their members as chairperson, and one as
  3 20 secretary.  The commission, subject to the approval of the
  3 21 board of supervisors, shall have power to employ an executive
  3 22 director and shall have the power to employ other necessary
  3 23 employees when needed, including administrative or clerical
  3 24 assistants when needed, the.  The compensation of such
  3 25 employees to shall be fixed by the board of supervisors, but
  3 26 no member of the commission shall be so employed.  The
  3 27 executive director must possess the same qualifications as
  3 28 provided in section 35B.3 for commission members.  However,
  3 29 this qualification requirement shall not apply to a person
  3 30 employed as an executive director prior to July 1, 1989.
  3 31    b.  Upon the employment of an executive director, the
  3 32 executive director shall complete a course of initial
  3 33 certification training provided by the department of veterans
  3 34 affairs pursuant to section 35A.5.  If an executive director
  3 35 fails to obtain certification within one year of being
  4  1 employed, the executive director shall be removed from office.
  4  2 If an executive director is not appointed, a A commissioner or
  4  3 a clerical assistant shall other commission employee may also
  4  4 complete the course of certification training.  The department
  4  5 shall issue the executive director, commissioner, or clerical
  4  6 assistant employee a certificate of training after completion
  4  7 of the initial certification training course.  To maintain
  4  8 annual certification, the executive director, commissioner, or
  4  9 clerical assistant employee shall attend one department
  4 10 training course each year satisfy the continuing education
  4 11 requirements established by the national association of county
  4 12 veteran service officers.  Failure of an executive director to
  4 13 maintain certification may shall be cause for removal from
  4 14 office.  The expenses of training the executive director shall
  4 15 be paid from the appropriation authorized in section 35B.14.
  4 16    Sec. 5.  Section 35B.6, subsection 4, Code 2007, is amended
  4 17 by striking the subsection and inserting in lieu thereof the
  4 18 following:
  4 19    4.  a.  Each county commission of veteran affairs shall
  4 20 maintain an office in a building owned, operated, or leased by
  4 21 the county.
  4 22    b.  A commission of veteran affairs office shall be open
  4 23 for the following minimum number of hours each week:
  4 24    (1)  For a county with a population of thirty thousand or
  4 25 less, no fewer than twenty hours per week.
  4 26    (2)  For a county with a population of more than thirty
  4 27 thousand and less than sixty thousand, no fewer than thirty
  4 28 hours per week.
  4 29    (3)  For a county with a population of sixty thousand or
  4 30 more, no fewer than forty hours per week.
  4 31    c.  Counties sharing the services of an executive director
  4 32 shall consider the aggregate population of such counties when
  4 33 determining the number of hours the office shall be open.  The
  4 34 number of hours shall be allocated between the counties in the
  4 35 proportion that the population of each county bears to the
  5  1 aggregate population.
  5  2    d.  The hours that the office is open shall be posted in a
  5  3 prominent position outside the office.
  5  4    Sec. 6.  Section 35B.14, Code 2007, is amended to read as
  5  5 follows:
  5  6    35B.14  COUNTY APPROPRIATION.
  5  7    1.  The board of supervisors of each county may appropriate
  5  8 moneys for training an executive director as provided for in
  5  9 section 35B.6, the food, clothing, shelter, utilities, medical
  5 10 benefits, and funeral expenses of indigent veterans, as
  5 11 defined in section 35.1, and their indigent spouses, surviving
  5 12 spouses, and minor children not over eighteen years of age,
  5 13 having a legal residence in the county.
  5 14    2.  The appropriation shall be expended by the joint action
  5 15 and control of the board of supervisors and the county
  5 16 commission of veteran affairs.
  5 17    Sec. 7.  STATE MANDATE FUNDING SPECIFIED.  In accordance
  5 18 with section 25B.2, subsection 3, the state cost of requiring
  5 19 compliance with any state mandate included in this Act shall
  5 20 be moneys appropriated in this Act and shall be deemed to meet
  5 21 all the state funding=related requirements of section 25B.2,
  5 22 subsection 3, and no specific state funding shall be necessary
  5 23 for the full implementation of this Act by and enforcement of
  5 24 this Act against all affected political subdivisions.
  5 25    Sec. 8.  EFFECTIVE DATE.  This Act takes effect on July 1,
  5 26 2009.
  5 27                           EXPLANATION
  5 28    This bill requires each county commission of veteran
  5 29 affairs to maintain an office in the county and to employ an
  5 30 executive director.  The bill also requires each county office
  5 31 and executive director to meet minimum hours of service each
  5 32 week.  The bill provides different levels of service hours
  5 33 that are dependent on county population.  The bill also
  5 34 provides that required service hours be allocated by
  5 35 population for counties sharing an executive director.
  6  1    The bill requires the training provided to executive
  6  2 directors by the department of veterans affairs to be
  6  3 certified by the national association of county veteran
  6  4 service officers and that it ensures that each trainee is
  6  5 proficient in electronic mail use, general computer use, and
  6  6 use of the internet to access information on veterans
  6  7 benefits, services, and facilities.  The bill also requires
  6  8 training provided to executive directors to include
  6  9 accreditation by the national association of county veteran
  6 10 service officers.  If an executive director fails to acquire
  6 11 or fails to maintain certification by the department, the
  6 12 executive director shall be removed from office.
  6 13    The bill creates a county commissions of veteran affairs
  6 14 fund under the control of the state veterans affairs
  6 15 commission.  Beginning July 1, 2009, and for each subsequent
  6 16 fiscal year, $1 million is appropriated from the general fund
  6 17 to the county commissions of veteran affairs fund.  The bill
  6 18 provides that if sufficient moneys are available in the fund,
  6 19 the veterans affairs commission shall allocate $10,000 to each
  6 20 county to be used for the employment of an executive director.
  6 21    The bill further provides that any moneys remaining in the
  6 22 fund after allocation to the counties shall be deposited in an
  6 23 account for use in the county commission of veteran affairs
  6 24 training program established under new Code section 35A.17.
  6 25 The training program requires the state commission of veterans
  6 26 affairs to provide training, certification, and accreditation
  6 27 programs for county commissions of veteran affairs executive
  6 28 directors and employees, including accreditation sessions by
  6 29 the national association of county veteran service officers.
  6 30    The bill may include a state mandate as defined in Code
  6 31 section 25B.3.  The bill includes a specification of the
  6 32 amount of the state cost of any state mandate included in the
  6 33 bill.  The specification is deemed to constitute state
  6 34 compliance with any state mandate funding=related requirements
  6 35 of Code section 25B.2.  The inclusion of this specification is
  7  1 intended to reinstate the requirement of political
  7  2 subdivisions to comply with any state mandates included in the
  7  3 bill.
  7  4    The bill takes effect on July 1, 2009.
  7  5 LSB 5259HH 82
  7  6 md/sc/5.2