Senate File 2352 - Introduced
SENATE FILE
BY COMMITTEE ON VETERANS
AFFAIRS
(SUCCESSOR TO SSB 3202)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act concerning the definition of veteran.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 35.1, subsection 2, paragraph a, Code
1 2 2007, is amended by striking the paragraph and inserting in
1 3 lieu thereof the following:
1 4 a. "Veteran" means a resident of this state who served on
1 5 active federal service, other than training, in the armed
1 6 forces of the United States and who was discharged under
1 7 honorable conditions.
1 8 Sec. 2. Section 35.1, subsection 2, paragraph b,
1 9 unnumbered paragraph 1, Code 2007, is amended to read as
1 10 follows:
1 11 "Veteran" also includes the following persons:
1 12 Sec. 3. Section 35.1, subsection 2, paragraph b,
1 13 subparagraph (5), Code 2007, is amended to read as follows:
1 14 (5) Former members of the armed forces of the United
1 15 States if any portion of their term of enlistment would have
1 16 occurred within during the time period specified in paragraph
1 17 "a", subparagraph (9) of the Korean Conflict from June 25,
1 18 1950, through January 31, 1955, but who instead opted to serve
1 19 five years in the reserve forces of the United States, as
1 20 allowed by federal law, and who were discharged under
1 21 honorable conditions.
1 22 Sec. 4. Section 35.1, subsection 2, paragraph b, Code
1 23 2007, is amended by adding the following new subparagraph:
1 24 NEW SUBPARAGRAPH. (8) Former members of the armed forces
1 25 of the United States, reserve forces, or Iowa national guard
1 26 who were honorably discharged due to injuries incurred while
1 27 in active federal service that precluded completion of a
1 28 minimum aggregate of ninety days of active federal service.
1 29 Sec. 5. Section 35A.13, subsection 1, Code Supplement
1 30 2007, is amended by striking the subsection.
1 31 Sec. 6. Section 331.608, subsection 9, Code 2007, is
1 32 amended to read as follows:
1 33 9. As used in this section, "veteran" means a veteran as
1 34 defined in section 35.1, who enlisted or was inducted from the
1 35 county, resided at any time in the county, or is buried in the
2 1 county. For purposes of records maintained for claims filed
2 2 under chapter 426A, "veteran" also means a veteran as defined
2 3 in section 426A.11, subsection 4 35.1.
2 4 Sec. 7. Section 426A.11, subsection 4, Code 2007, is
2 5 amended by striking the subsection.
2 6 Sec. 8. Section 426A.12, Code 2007, is amended to read as
2 7 follows:
2 8 426A.12 EXEMPTIONS TO RELATIVES.
2 9 1. In case any person in the foregoing classifications
2 10 does not claim the exemption from taxation, it shall be
2 11 allowed in the name of the person to the same extent on the
2 12 property of any one of the following persons in the order
2 13 named:
2 14 1. a. The spouse, or surviving spouse remaining
2 15 unmarried, of a veteran, as defined in this chapter or in
2 16 section 35.1, where they are living together or were living
2 17 together at the time of the death of the veteran.
2 18 2. b. The parent whose spouse is deceased and who remains
2 19 unmarried, of a veteran, as defined in this chapter or in
2 20 section 35.1, whether living or deceased, where the parent is,
2 21 or was at the time of death of the veteran, dependent on the
2 22 veteran for support.
2 23 3. c. The minor child, or children owning property as
2 24 tenants in common, of a deceased veteran, as defined in this
2 25 chapter or in section 35.1.
2 26 2. No more than one tax exemption shall be allowed under
2 27 this section or section 426A.11 in the name of a veteran, as
2 28 defined in this chapter or in section 35.1.
2 29 Sec. 9. Section 483A.24, subsection 13, Code Supplement
2 30 2007, is amended to read as follows:
2 31 13. Upon payment of the fee of five dollars for a lifetime
2 32 fishing license or lifetime hunting and fishing combined
2 33 license, the department shall issue a lifetime fishing license
2 34 or lifetime hunting and fishing combined license to a resident
2 35 of Iowa who is a veteran, as defined in section 35.1, or
3 1 served in the armed forces of the United States for a minimum
3 2 aggregate of ninety days of active federal service and who was
3 3 disabled or was a prisoner of war during that veteran's
3 4 military service. The department shall prepare an application
3 5 to be used by a person requesting a lifetime fishing license
3 6 or lifetime hunting and fishing combined license under this
3 7 subsection. The department of veterans affairs shall assist
3 8 the department in verifying the status or claims of applicants
3 9 under this subsection. As used in this subsection, "disabled"
3 10 means entitled to compensation under the United States Code,
3 11 Title 38, ch. 11.
3 12 Sec. 10. Section 523I.304, subsection 7, Code Supplement
3 13 2007, is amended to read as follows:
3 14 7. A cemetery owned and controlled by a governmental
3 15 subdivision shall adopt and enforce a rule allowing any
3 16 veteran who is a landowner or who lives within the
3 17 governmental subdivision to purchase an interment space and to
3 18 be interred within the cemetery. For the purposes of this
3 19 section, "veteran" means the same as defined in section 35.1
3 20 or a resident of this state who served in the armed forces of
3 21 the United States, completed a minimum aggregate of ninety
3 22 days of active federal service, and was discharged under
3 23 honorable conditions.
3 24 Sec. 11. IMPLEMENTATION OF ACT. Section 25B.2, subsection
3 25 3, shall not apply to this Act.
3 26 EXPLANATION
3 27 This bill changes the definition of veteran in Code section
3 28 35.1 to provide that a veteran includes a resident of this
3 29 state who served on active federal service, other than
3 30 training, in the armed forces of the United States and was
3 31 discharged under honorable conditions, regardless of when the
3 32 service occurred. Current law defines veteran to include a
3 33 resident of the state who served in the armed forces of the
3 34 United States only during certain periods of time encompassing
3 35 various wars and conflicts. The definition of veteran is also
4 1 changed to include former members of the armed forces of the
4 2 United States, reserve forces, or Iowa national guard who were
4 3 honorably discharged due to injuries incurred while in active
4 4 federal service that precluded completion of a minimum
4 5 aggregate of ninety days of active federal service. The bill
4 6 makes corresponding changes in other sections of the Code to
4 7 reflect the expanded definition of veteran in Code section
4 8 35.1.
4 9 The definition of veteran in Code section 35.1 applies to
4 10 several provisions of the Code including provisions concerning
4 11 veterans preference in employment, membership on the county
4 12 commission of veteran affairs, indigent burial expenses and
4 13 support, grave markers, hepatitis C awareness program, and
4 14 property tax exemptions.
4 15 The bill may include a state mandate as defined in Code
4 16 section 25B.3. The bill makes inapplicable Code section
4 17 25B.2, subsection 3, which would relieve a political
4 18 subdivision from complying with a state mandate if funding for
4 19 the cost of the state mandate is not provided or specified.
4 20 Therefore, political subdivisions are required to comply with
4 21 any state mandate included in the bill.
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