Senate Study Bill 1317
SENATE FILE
BY (PROPOSED COMMITTEE ON
VETERANS AFFAIRS BILL BY
CHAIRPERSON BEALL)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act creating a Vietnam Conflict veterans bonus for a certain
2 period of active duty military service, making an
3 appropriation, and providing a tax exemption and a penalty.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 35A.8, Code 2007, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 5. a. The executive director shall
1 4 provide for the administration of the bonus authorized in this
1 5 subsection. The commission shall adopt rules, pursuant to
1 6 chapter 17A, as necessary to administer this subsection
1 7 including but not limited to application procedures,
1 8 investigation, approval or disapproval, and payment of claims.
1 9 b. (1) A person who served on active duty for not less
1 10 than one hundred twenty days in the armed forces of the United
1 11 States at any time between July 1, 1973, and May 31, 1975,
1 12 both dates inclusive, and who at the time of entering into
1 13 active duty service was a legal resident of the state of Iowa,
1 14 and who had maintained the person's residence in this state
1 15 for a period of at least six months immediately before
1 16 entering into active duty service, and was honorably
1 17 discharged or separated from active duty service, or is still
1 18 in active service in an honorable status, or has been retired,
1 19 or has been furloughed to a reserve, or has been placed on
1 20 inactive status is entitled to receive from moneys
1 21 appropriated for that purpose the sum of seventeen dollars and
1 22 fifty cents for each month that the person was on active duty
1 23 service in the Vietnam service area, within the dates
1 24 specified in this subparagraph, if the veteran earned either a
1 25 Vietnam service medal or an armed forces expeditionary medal=
1 26 Vietnam or can otherwise establish service in the Vietnam
1 27 service area during that period. Compensation under this
1 28 subparagraph shall not exceed a total sum of five hundred
1 29 dollars. Compensation for a fraction of a month shall not be
1 30 considered unless the fraction is sixteen days or more, in
1 31 which case the fraction shall be computed as a full month.
1 32 (2) A person otherwise qualified under this paragraph "b"
1 33 except that the person did not earn either a Vietnam service
1 34 medal or an armed forces expeditionary medal=Vietnam, and did
1 35 not serve in the Vietnam service area during the period
2 1 between July 1, 1973, and May 31, 1975, both dates inclusive,
2 2 is entitled to receive from moneys appropriated for that
2 3 purpose the sum of twelve dollars and fifty cents for each
2 4 month that the person was on active duty service, within the
2 5 dates specified in subparagraph (1). Compensation under this
2 6 subparagraph shall not exceed a total sum of three hundred
2 7 dollars. Compensation for a fraction of a month shall not be
2 8 considered unless the fraction is sixteen days or more, in
2 9 which case the fraction shall be computed as a full month.
2 10 (3) A person is not entitled to compensation pursuant to
2 11 this subsection if the person received a bonus or compensation
2 12 similar to that provided in this subsection from another
2 13 state.
2 14 (4) A person is not entitled to compensation pursuant to
2 15 this subsection if the person was on active duty service after
2 16 July 1, 1973, and the person refused on conscientious,
2 17 political, religious, or other grounds, to be subject to
2 18 military discipline.
2 19 (5) The surviving unremarried widow or widower, child or
2 20 children, mother, father, or person standing in loco parentis,
2 21 in the order named and none other, of any deceased person
2 22 shall be paid the compensation that the deceased person would
2 23 be entitled to pursuant to this subsection, if living.
2 24 However, if any person has died or shall die, or is disabled,
2 25 from service=connected causes incurred during the period and
2 26 in the area from which the person is entitled to receive
2 27 compensation pursuant to this subsection, the person or the
2 28 first survivor as designated by this subparagraph, and in the
2 29 order named, shall be paid five hundred dollars or three
2 30 hundred dollars, whichever maximum amount would have applied
2 31 pursuant to subparagraph (1) or (2), regardless of the length
2 32 of service.
2 33 (6) The maximum compensation a person may receive pursuant
2 34 to this subsection shall be reduced by the amount of any
2 35 Vietnam veterans bonus received from the state for service
3 1 prior to July 1, 1973.
3 2 c. A person who knowingly makes a false statement relating
3 3 to a material fact in supporting an application under this
3 4 subsection is guilty of a serious misdemeanor. A person
3 5 convicted pursuant to this subsection shall forfeit all
3 6 benefits to which the person may have been entitled under this
3 7 subsection.
3 8 d. All payments and allowances made under this subsection
3 9 shall be exempt from taxation, levy, and sale on execution.
3 10 e. The bonus compensation authorized under this subsection
3 11 shall be paid from moneys appropriated for that purpose.
3 12 f. A Vietnam Conflict veterans bonus fund is created in
3 13 the state treasury. The Vietnam Conflict veterans bonus fund
3 14 shall consist of all moneys appropriated to the fund to pay
3 15 the bonus compensation authorized in this subsection.
3 16 Notwithstanding section 12C.7, interest or earnings on
3 17 investments or time deposits of the moneys in the Vietnam
3 18 Conflict veterans bonus fund shall be credited to the bonus
3 19 fund. Section 8.33 does not apply to moneys appropriated to
3 20 the Vietnam Conflict veterans bonus fund.
3 21 Sec. 2. VIETNAM CONFLICT VETERANS BONUS FUND
3 22 APPROPRIATION. There is appropriated from the general fund of
3 23 the state to the department of veterans affairs for the fiscal
3 24 year beginning July 1, 2007, and ending June 30, 2008, the
3 25 following amount, or so much thereof as is necessary, to be
3 26 used for the purpose designated:
3 27 For deposit in the Vietnam Conflict veterans bonus fund:
3 28 .................................................. $ 500,000
3 29 EXPLANATION
3 30 This bill creates a Vietnam Conflict veterans bonus for
3 31 persons who served on active duty in the United States armed
3 32 forces from July 1, 1973, through May 31, 1975. Eligible
3 33 persons may receive $17.50 for each month that the person was
3 34 on active duty in the Vietnam service area, within the dates
3 35 specified, not to exceed a total sum of $500. Persons who
4 1 served on active duty during the specified period but not in
4 2 the Vietnam service area may receive $12.50 per month, not to
4 3 exceed $300. The bill provides, however, that the maximum
4 4 compensation a person can receive under this bill shall be
4 5 reduced by the amount of any Vietnam veterans bonus received
4 6 by that person for service prior to July 1, 1973. The bonus
4 7 payments are exempt from taxation, levy, and execution. A
4 8 criminal penalty is provided for a submission of a fraudulent
4 9 application for the bonus. The bill also appropriates
4 10 $500,000 to the Vietnam Conflict veterans bonus fund created
4 11 in the bill.
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