Senate File 2134 - Introduced



                                       SENATE FILE       
                                       BY  COMMITTEE ON VETERANS AFFAIRS

                                       (SUCCESSOR TO SSB 3033)

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

                                      A BILL FOR

  1 An Act relating to requirements and duties of members, directors,
  2    and employees of county commissions of veteran affairs.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5482SV 82
  5 md/rj/8

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 training to executive commissioners, directors, and
  1  5 administrators of county commissions of veteran affairs
  1  6 pursuant to section 35B.6.  The department may adopt rules in
  1  7 accordance with chapter 17A to provide for training of county
  1  8 veteran affairs executive commissioners, directors, and
  1  9 administrators.
  1 10    Sec. 2.  Section 35B.6, Code 2007, is amended to read as
  1 11 follows:
  1 12    35B.6  QUALIFICATION == TRAINING == OFFICES.
  1 13    1.  a.  The members of the commission shall qualify by
  1 14 taking the usual oath of office, and give bond in the sum of
  1 15 five hundred dollars each, conditioned for the faithful
  1 16 discharge of their duties with sureties to be approved by the
  1 17 county auditor.  The commission shall organize by the
  1 18 selection of one of their members as chairperson, and one as
  1 19 secretary.  The commission, subject to the approval of the
  1 20 board of supervisors, shall have power to employ an executive
  1 21 director and other necessary administrative or clerical
  1 22 assistants when needed, the compensation of such employees to
  1 23 be fixed by the board of supervisors, but no member of the
  1 24 commission shall be so employed.  The commission shall employ
  1 25 a director or administrator, and other necessary
  1 26 administrative or clerical assistants when needed.  The
  1 27 compensation of the director, administrator, or other
  1 28 necessary administrative or clerical employees shall be set by
  1 29 the commission at a rate comparable to the rate set for other
  1 30 similar positions in the county.  A commissioner shall not be
  1 31 employed as a director, administrator, or an administrative or
  1 32 clerical assistant.  Commissioners shall complete a course of
  1 33 initial training provided by the department of veterans
  1 34 affairs pursuant to section 35A.5.  The executive director
  1 35 must possess the same qualifications as provided in section
  2  1 35B.3 for commission members.  However, this qualification
  2  2 requirement shall not apply to a person employed as an
  2  3 executive director prior to July 1, 1989.
  2  4    b.  The commission may employ an administrator in lieu of a
  2  5 director.  Administrators shall not be required to meet all
  2  6 the qualifications provided in section 35B.3 for
  2  7 commissioners.  An administrator may hold another position
  2  8 within the county or other government entity while serving as
  2  9 an administrator only if such position does not adversely
  2 10 affect the administrator's duties under this chapter.
  2 11    c.  Upon the employment of an executive a director or
  2 12 administrator, the executive director or administrator shall
  2 13 complete a course of initial training provided by the
  2 14 department of veterans affairs pursuant to section 35A.5.  If
  2 15 an executive director is not appointed, a commissioner or a
  2 16 clerical assistant shall complete the course of training.  The
  2 17 department shall issue the executive director, administrator,
  2 18 commissioner, or clerical assistant a certificate of training
  2 19 after completion of the initial training course.  To maintain
  2 20 annual certification, the executive director, administrator,
  2 21 commissioner, or clerical assistant shall attend one
  2 22 department training course each year.  Failure to maintain
  2 23 certification may be cause for removal from office.  The
  2 24 expenses of training shall be paid from the appropriation
  2 25 authorized in section 35B.14.
  2 26    d.  The duties of the director, administrator, and clerical
  2 27 assistant shall include all of the following:
  2 28    (1)  Inform members of the armed forces, veterans, and
  2 29 their dependents of all federal, state, and local laws enacted
  2 30 for their benefit.
  2 31    (2)  Assist all residents of the state who served in the
  2 32 armed forces of the United States and their relatives,
  2 33 beneficiaries, and dependents in receiving from the United
  2 34 States and this state any and all compensation, pensions,
  2 35 hospitalization, insurance, educational, employment pay and
  3  1 gratuity, loan guarantees, or any other aid or benefit to
  3  2 which they may be entitled under any law.
  3  3    e.  The department of veterans affairs or county veterans
  3  4 affairs offices shall not charge for any service provided to
  3  5 any individual.
  3  6    2.  Two or more boards of supervisors may agree, pursuant
  3  7 to chapter 28E, to share the services of an executive a
  3  8 director or administrator.  The agreement shall provide for
  3  9 the establishment of a commission of veteran affairs office in
  3 10 each of the counties participating in the agreement.
  3 11    3.  The commission with the approval of the board of
  3 12 supervisors shall appoint one of the deputies of the county
  3 13 auditor to serve as administrative assistant to the
  3 14 commission, to serve without additional compensation, unless
  3 15 for good reasons shown, this arrangement is not feasible.
  3 16    4.  In counties where a The commission has established
  3 17 shall establish an office, the office which shall be open a
  3 18 minimum of four hours each workday twenty hours each workweek.
  3 19 The hours that the office is open shall be posted in a
  3 20 prominent position outside the office.  In lieu of an office
  3 21 being open a minimum of four hours each workday, the names,
  3 22 home addresses, telephone numbers, and duties of commission
  3 23 members shall be posted.
  3 24                           EXPLANATION
  3 25    Current Code section 35B.6 allows county commissions of
  3 26 veteran affairs to employ an executive director and other
  3 27 necessary administrative or clerical assistants when needed.
  3 28 This bill requires county commissions of veteran affairs to
  3 29 employ a director or administrator, and other necessary
  3 30 administrative or clerical employees.  The bill changes the
  3 31 term "executive director" to "director".  If the county
  3 32 commission of veteran affairs employs an administrator, the
  3 33 administrator may hold another position within the county if
  3 34 such position does not adversely affect the administrator's
  3 35 duties.  Compensation for the director, or administrator, and
  4  1 other necessary employees shall be set by the commission at a
  4  2 rate comparable to the rate set for similar positions in the
  4  3 county.  The bill prohibits commissioners from being employed
  4  4 as a director, administrator, or other commission employee.
  4  5    The bill also requires commissioners to complete a course
  4  6 of initial training provided by the department of veterans
  4  7 affairs.  The director, administrator, commissioners, and
  4  8 clerical assistants shall also attend one department training
  4  9 course per year to maintain their annual certification.
  4 10    The bill describes the duties of the director,
  4 11 administrator, and clerical assistant.  Those duties include
  4 12 informing members of the armed forces, veterans, and their
  4 13 dependents of all federal, state, and local laws enacted for
  4 14 their benefit, and assisting all residents of the state who
  4 15 served in the armed forces and their relatives, beneficiaries,
  4 16 and dependents in receiving any and all compensation or any
  4 17 other aid or benefit to which they may be entitled under any
  4 18 law.
  4 19    The bill allows two or more county boards of supervisors to
  4 20 share the services of a director or administrator.  The bill
  4 21 requires each commission to establish an office which must be
  4 22 open for at least 20 hours each workweek.  The bill prohibits
  4 23 charging any individual for any service provided by the
  4 24 department of veterans affairs or county veteran affairs
  4 25 offices.
  4 26 LSB 5482SV 82
  4 27 md/rj/8.1