House Study Bill 65
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 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 2009, 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 2009, 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 subparagraphs (1), (2), and (5), Code 2009, are amended to
1 14 read as follows:
1 15 (1) Former members of the reserve forces of the United
1 16 States who served at least twenty years in the reserve forces
1 17 and who were discharged under honorable conditions. However,
1 18 a member of the reserve forces of the United States who
1 19 completed a minimum aggregate of ninety days of active federal
1 20 service, other than training, and was discharged under
1 21 honorable conditions, or was retired under Title X of the
1 22 United States Code shall be included as a veteran.
1 23 (2) Former members of the Iowa national guard who served
1 24 at least twenty years in the Iowa national guard and who were
1 25 discharged under honorable conditions. However, a member of
1 26 the Iowa national guard who was activated for federal duty,
1 27 other than training, for a minimum aggregate of ninety days,
1 28 and was discharged under honorable conditions or was retired
1 29 under Title X of the United States Code shall be included as a
1 30 veteran.
1 31 (5) Former members of the armed forces of the United
1 32 States if any portion of their term of enlistment would have
1 33 occurred within during the time period specified in paragraph
1 34 "a", subparagraph (9) of the Korean Conflict from June 25,
1 35 1950, through January 31, 1955, but who instead opted to serve
2 1 five years in the reserve forces of the United States, as
2 2 allowed by federal law, and who were discharged under
2 3 honorable conditions.
2 4 Sec. 4. Section 35A.13, subsection 1, Code 2009, is
2 5 amended by striking the subsection.
2 6 Sec. 5. Section 331.608, subsection 9, Code 2009, is
2 7 amended to read as follows:
2 8 9. As used in this section, "veteran" means a veteran as
2 9 defined in section 35.1, who enlisted or was inducted from the
2 10 county, resided at any time in the county, or is buried in the
2 11 county. For purposes of records maintained for claims filed
2 12 under chapter 426A, "veteran" also means a veteran as defined
2 13 in section 426A.11, subsection 4 35.1.
2 14 Sec. 6. Section 426A.11, subsection 4, Code 2009, is
2 15 amended by striking the subsection.
2 16 Sec. 7. Section 426A.12, Code 2009, is amended to read as
2 17 follows:
2 18 426A.12 EXEMPTIONS TO RELATIVES.
2 19 1. In case any person in the foregoing classifications
2 20 does not claim the exemption from taxation, it shall be
2 21 allowed in the name of the person to the same extent on the
2 22 property of any one of the following persons in the order
2 23 named:
2 24 1. a. The spouse, or surviving spouse remaining
2 25 unmarried, of a veteran, as defined in this chapter or in
2 26 section 35.1, where they are living together or were living
2 27 together at the time of the death of the veteran.
2 28 2. b. The parent whose spouse is deceased and who remains
2 29 unmarried, of a veteran, as defined in this chapter or in
2 30 section 35.1, whether living or deceased, where the parent is,
2 31 or was at the time of death of the veteran, dependent on the
2 32 veteran for support.
2 33 3. c. The minor child, or children owning property as
2 34 tenants in common, of a deceased veteran, as defined in this
2 35 chapter or in section 35.1.
3 1 2. No more than one tax exemption shall be allowed under
3 2 this section or section 426A.11 in the name of a veteran, as
3 3 defined in this chapter or in section 35.1.
3 4 Sec. 8. Section 523I.304, subsection 7, Code 2009, is
3 5 amended to read as follows:
3 6 7. A cemetery owned and controlled by a governmental
3 7 subdivision shall adopt and enforce a rule allowing any
3 8 veteran who is a landowner or who lives within the
3 9 governmental subdivision to purchase an interment space and to
3 10 be interred within the cemetery. For the purposes of this
3 11 section, "veteran" means the same as defined in section 35.1
3 12 or a resident of this state who served in the armed forces of
3 13 the United States, completed a minimum aggregate of ninety
3 14 days of active federal service, and was discharged under
3 15 honorable conditions.
3 16 Sec. 9. IMPLEMENTATION OF ACT. Section 25B.2, subsection
3 17 3, shall not apply to this Act.
3 18 EXPLANATION
3 19 This bill changes the definition of veteran in Code section
3 20 35.1 to provide that a veteran includes a resident of this
3 21 state who served on active federal service, other than
3 22 training, in the armed forces of the United States and was
3 23 discharged under honorable conditions, regardless of when the
3 24 service occurred. Current law defines veteran to include a
3 25 resident of the state who served in the armed forces of the
3 26 United States only during certain periods of time encompassing
3 27 various wars and conflicts. The bill makes corresponding
3 28 changes in other sections of the Code to reflect the expanded
3 29 definition of veteran in Code section 35.1.
3 30 The definition of veteran in Code section 35.1 applies to
3 31 several provisions of the Code, including provisions
3 32 concerning veterans' preference in employment, membership on
3 33 the county commission of veteran affairs, indigent burial
3 34 expenses and support, grave markers, hepatitis C awareness
3 35 program, and property tax exemptions.
4 1 The bill may include a state mandate as defined in Code
4 2 section 25B.3. The bill makes inapplicable Code section
4 3 25B.2, subsection 3, which would relieve a political
4 4 subdivision from complying with a state mandate if funding for
4 5 the cost of the state mandate is not provided or specified.
4 6 Therefore, political subdivisions are required to comply with
4 7 any state mandate included in the bill.
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