Senate Study Bill 3202 



                                       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 concerning the definition of veteran.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 6483XC 82
  4 ec/nh/5

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 in
  1  5 the armed forces of the United States, who has completed a
  1  6 minimum aggregate of ninety days of active federal service,
  1  7 other than training, and who was discharged under honorable
  1  8 conditions.
  1  9    Sec. 2.  Section 35.1, subsection 2, paragraph b,
  1 10 unnumbered paragraph 1, Code 2007, is amended to read as
  1 11 follows:
  1 12    "Veteran" also includes the following persons:
  1 13    Sec. 3.  Section 35.1, subsection 2, paragraph b,
  1 14 subparagraph (5), Code 2007, is amended to read as follows:
  1 15    (5)  Former members of the armed forces of the United
  1 16 States if any portion of their term of enlistment would have
  1 17 occurred within during the time period specified in paragraph
  1 18 "a", subparagraph (9) of the Korean Conflict from June 25,
  1 19 1950, through January 31, 1955, but who instead opted to serve
  1 20 five years in the reserve forces of the United States, as
  1 21 allowed by federal law, and who were discharged under
  1 22 honorable conditions.
  1 23    Sec. 4.  Section 35.1, subsection 2, paragraph b, Code
  1 24 2007, is amended by adding the following new subparagraph:
  1 25    NEW SUBPARAGRAPH.  (8)  Former members of the armed forces
  1 26 of the United States, reserve forces, or Iowa national guard
  1 27 who were honorably discharged due to injuries incurred while
  1 28 in active federal service that precluded completion of a
  1 29 minimum aggregate of ninety days of active federal service.
  1 30    Sec. 5.  Section 35A.13, subsection 1, Code Supplement
  1 31 2007, is amended by striking the subsection.
  1 32    Sec. 6.  Section 331.608, subsection 9, Code 2007, is
  1 33 amended to read as follows:
  1 34    9.  As used in this section, "veteran" means a veteran as
  1 35 defined in section 35.1, who enlisted or was inducted from the
  2  1 county, resided at any time in the county, or is buried in the
  2  2 county.  For purposes of records maintained for claims filed
  2  3 under chapter 426A, "veteran" also means a veteran as defined
  2  4 in section 426A.11, subsection 4 35.1.
  2  5    Sec. 7.  Section 426A.11, subsection 4, Code 2007, is
  2  6 amended by striking the subsection.
  2  7    Sec. 8.  Section 426A.12, Code 2007, is amended to read as
  2  8 follows:
  2  9    426A.12  EXEMPTIONS TO RELATIVES.
  2 10    1.  In case any person in the foregoing classifications
  2 11 does not claim the exemption from taxation, it shall be
  2 12 allowed in the name of the person to the same extent on the
  2 13 property of any one of the following persons in the order
  2 14 named:
  2 15    1.  a.  The spouse, or surviving spouse remaining
  2 16 unmarried, of a veteran, as defined in this chapter or in
  2 17 section 35.1, where they are living together or were living
  2 18 together at the time of the death of the veteran.
  2 19    2.  b.  The parent whose spouse is deceased and who remains
  2 20 unmarried, of a veteran, as defined in this chapter or in
  2 21 section 35.1, whether living or deceased, where the parent is,
  2 22 or was at the time of death of the veteran, dependent on the
  2 23 veteran for support.
  2 24    3.  c.  The minor child, or children owning property as
  2 25 tenants in common, of a deceased veteran, as defined in this
  2 26 chapter or in section 35.1.
  2 27    2.  No more than one tax exemption shall be allowed under
  2 28 this section or section 426A.11 in the name of a veteran, as
  2 29 defined in this chapter or in section 35.1.
  2 30    Sec. 9.  Section 483A.24, subsection 13, Code Supplement
  2 31 2007, is amended to read as follows:
  2 32    13.  Upon payment of the fee of five dollars for a lifetime
  2 33 fishing license or lifetime hunting and fishing combined
  2 34 license, the department shall issue a lifetime fishing license
  2 35 or lifetime hunting and fishing combined license to a resident
  3  1 of Iowa who is a veteran, as defined in section 35.1, or
  3  2 served in the armed forces of the United States for a minimum
  3  3 aggregate of ninety days of active federal service and who was
  3  4 disabled or was a prisoner of war during that veteran's
  3  5 military service.  The department shall prepare an application
  3  6 to be used by a person requesting a lifetime fishing license
  3  7 or lifetime hunting and fishing combined license under this
  3  8 subsection.  The department of veterans affairs shall assist
  3  9 the department in verifying the status or claims of applicants
  3 10 under this subsection.  As used in this subsection, "disabled"
  3 11 means entitled to compensation under the United States Code,
  3 12 Title 38, ch. 11.
  3 13    Sec. 10.  Section 523I.304, subsection 7, Code Supplement
  3 14 2007, is amended to read as follows:
  3 15    7.  A cemetery owned and controlled by a governmental
  3 16 subdivision shall adopt and enforce a rule allowing any
  3 17 veteran who is a landowner or who lives within the
  3 18 governmental subdivision to purchase an interment space and to
  3 19 be interred within the cemetery.  For the purposes of this
  3 20 section, "veteran" means the same as defined in section 35.1
  3 21 or a resident of this state who served in the armed forces of
  3 22 the United States, completed a minimum aggregate of ninety
  3 23 days of active federal service, and was discharged under
  3 24 honorable conditions.
  3 25    Sec. 11.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  3 26 3, shall not apply to this Act.
  3 27                           EXPLANATION
  3 28    This bill changes the definition of veteran in Code section
  3 29 35.1 to provide that a veteran includes a resident of this
  3 30 state who served in the armed forces of the United States, has
  3 31 completed a minimum aggregate of ninety days of active federal
  3 32 service, other than training, and was discharged under
  3 33 honorable conditions, regardless of when the service occurred.
  3 34 Current law defines veteran to include a resident of the state
  3 35 who served in the armed forces of the United States only
  4  1 during certain periods of time encompassing various wars and
  4  2 conflicts.  The definition of veteran is also changed to
  4  3 include former members of the armed forces of the United
  4  4 States, reserve forces, or Iowa national guard who were
  4  5 honorably discharged due to injuries incurred while in active
  4  6 federal service that precluded completion of a minimum
  4  7 aggregate of ninety days of active federal service.  The bill
  4  8 makes corresponding changes in other sections of the Code to
  4  9 reflect the expanded definition of veteran in Code section
  4 10 35.1.
  4 11    The definition of veteran in Code section 35.1 applies to
  4 12 several provisions of the Code including provisions concerning
  4 13 veterans preference in employment, membership on the county
  4 14 commission of veteran affairs, indigent burial expenses and
  4 15 support, grave markers, hepatitis C awareness program, and
  4 16 property tax exemptions.
  4 17    The bill may include a state mandate as defined in Code
  4 18 section 25B.3.  The bill makes inapplicable Code section
  4 19 25B.2, subsection 3, which would relieve a political
  4 20 subdivision from complying with a state mandate if funding for
  4 21 the cost of the state mandate is not provided or specified.
  4 22 Therefore, political subdivisions are required to comply with
  4 23 any state mandate included in the bill.
  4 24 LSB 6483XC 82
  4 25 ec/nh/5