Senate Study Bill 3033 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            VETERANS AFFAIRS BILL)


    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 5482DP 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.
  2  8    c.  Upon the employment of an executive a director or
  2  9 administrator, the executive director or administrator shall
  2 10 complete a course of initial training provided by the
  2 11 department of veterans affairs pursuant to section 35A.5.  If
  2 12 an executive director is not appointed, a commissioner or a
  2 13 clerical assistant shall complete the course of training.  The
  2 14 department shall issue the executive director, administrator,
  2 15 commissioner, or clerical assistant a certificate of training
  2 16 after completion of the initial training course.  To maintain
  2 17 annual certification, the executive director, administrator,
  2 18 commissioner, or clerical assistant shall attend one
  2 19 department training course each year.  Failure to maintain
  2 20 certification may be cause for removal from office.  The
  2 21 expenses of training shall be paid from the appropriation
  2 22 authorized in section 35B.14.
  2 23    d.  The duties of the director, administrator, and clerical
  2 24 assistant shall include all of the following:
  2 25    (1)  Inform members of the armed forces, veterans, and
  2 26 their dependents of all federal, state, and local laws enacted
  2 27 for their benefit.
  2 28    (2)  Assist all residents of the state who served in the
  2 29 armed forces of the United States and their relatives,
  2 30 beneficiaries, and dependents in receiving from the United
  2 31 States and this state any and all compensation, pensions,
  2 32 hospitalization, insurance, educational, employment pay and
  2 33 gratuity, loan guarantees, or any other aid or benefit to
  2 34 which they may be entitled under any law.
  2 35    e.  The department of veterans affairs or county veterans
  3  1 affairs offices shall not charge for any service provided to
  3  2 any individual.
  3  3    2.  Two or more boards of supervisors may agree, pursuant
  3  4 to chapter 28E, to share the services of an executive a
  3  5 director or administrator.  The agreement shall provide for
  3  6 the establishment of a commission of veteran affairs office in
  3  7 each of the counties participating in the agreement.
  3  8    3.  The commission with the approval of the board of
  3  9 supervisors shall appoint one of the deputies of the county
  3 10 auditor to serve as administrative assistant to the
  3 11 commission, to serve without additional compensation, unless
  3 12 for good reasons shown, this arrangement is not feasible.
  3 13    4.  In counties where a The commission has established
  3 14 shall establish an office, the office which shall be open a
  3 15 minimum of four hours each workday.  The hours that the office
  3 16 is open shall be posted in a prominent position outside the
  3 17 office.  In lieu of an office being open a minimum of four
  3 18 hours each workday, the names, home addresses, telephone
  3 19 numbers, and duties of commission members shall be posted.
  3 20    Sec. 3.  Sections 35B.17 and 35B.18, Code 2007, are
  3 21 repealed.
  3 22                           EXPLANATION
  3 23    Current Code section 35B.6 allows county commissions of
  3 24 veteran affairs to employ an executive director and other
  3 25 necessary administrative or clerical assistants when needed.
  3 26 This bill requires county commissions of veteran affairs to
  3 27 employ a director or administrator, and other necessary
  3 28 administrative or clerical employees.  The bill changes the
  3 29 term "executive director" to "director".  Compensation for the
  3 30 director, or administrator, and other necessary employees
  3 31 shall be set by the commission at a rate comparable to the
  3 32 rate set for similar positions in the county.  The bill
  3 33 prohibits commissioners from being employed as a director,
  3 34 administrator, or other commission employee.
  3 35    The bill also requires commissioners to complete a course
  4  1 of initial training provided by the department of veterans
  4  2 affairs.  The director, administrator, commissioners, and
  4  3 clerical assistants shall also attend one department training
  4  4 course per year to maintain their annual certification.
  4  5    The bill describes the duties of the director,
  4  6 administrator, and clerical assistant.  Those duties include
  4  7 informing members of the armed forces, veterans, and their
  4  8 dependents of all federal, state, and local laws enacted for
  4  9 their benefit, and assisting all residents of the state who
  4 10 served in the armed forces and their relatives, beneficiaries,
  4 11 and dependents in receiving any and all compensation or any
  4 12 other aid or benefit to which they may be entitled under any
  4 13 law.
  4 14    The bill allows two or more county boards of supervisors to
  4 15 share the services of a director or administrator.  The bill
  4 16 requires each commission to establish an office which must be
  4 17 open for at least four hours each workday.  The bill prohibits
  4 18 charging any individual for any service provided by the
  4 19 department of veterans affairs or county veterans affairs
  4 20 offices.
  4 21    The bill also removes the board of supervisors' duty to
  4 22 appropriate and pay to the owners or controllers of cemeteries
  4 23 within the state, funds to pay for the care and maintenance of
  4 24 lots on which any deceased service person is buried.
  4 25 LSB 5482DP 82
  4 26 md/rj/8