House Study Bill 722 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON VETERANS AFFAIRS BILL BY CHAIRPERSON ZIRKELBACH) A BILL FOR An Act requiring the designation of a county veterans outreach 1 coordinator, establishing a veterans outreach fund, and 2 creating a veterans outreach fund income tax checkoff and 3 including effective date and retroactive applicability 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 6223HC (13) 83 md/sc

H.F. _____ Section 1. Section 35A.5, subsection 14, paragraph f, Code 1 Supplement 2009, is amended by striking the paragraph and 2 inserting in lieu thereof the following: 3 f. Information related to compliance with the outreach 4 requirements under section 35B.6A during the previous calendar 5 year. 6 Sec. 2. Section 35A.5, subsection 14, Code Supplement 2009, 7 is amended by adding the following new paragraph: 8 NEW PARAGRAPH . g. An analysis of the information contained 9 in paragraphs “a” through “f” , including an analysis of such 10 information for previous years. 11 Sec. 3. NEW SECTION . 35A.15 Veterans outreach fund. 12 1. A veterans outreach fund is created within the state 13 treasury under the control of the department. The fund 14 shall consist of moneys transferred to the fund under section 15 422.12F, appropriations made to the fund, reimbursements under 16 section 35B.6A, subsection 4, and any other moneys available 17 to and obtained or accepted by the department from the federal 18 government or private sources for deposit in the fund. 19 2. Notwithstanding section 12C.7, interest or earnings on 20 moneys in the veterans outreach fund shall be credited to the 21 veterans outreach fund. Notwithstanding section 8.33, moneys 22 remaining in the veterans outreach fund at the end of a fiscal 23 year shall not revert to the general fund of the state. 24 3. Moneys credited to the veterans outreach fund shall not 25 be transferred, used, obligated, appropriated, or otherwise 26 encumbered, except as provided in this section. 27 4. a. Except as provided in paragraph “b” , the minimum 28 balance of the veterans outreach fund required prior to 29 expenditure of moneys from the fund is two hundred fifty 30 thousand dollars. 31 b. If the balance of the veterans outreach fund exceeds 32 one hundred thousand dollars, the department may approve 33 expenditures from the fund for the purpose of receiving federal 34 matching funds to provide veterans outreach as defined in 35 -1- LSB 6223HC (13) 83 md/sc 1/ 7

H.F. _____ section 35B.6A. 1 5. a. In addition to the purpose designated in subsection 2 4, paragraph “b” , if the veterans outreach fund balance 3 meets the requirement under subsection 4, paragraph “a” , 4 the department may approve expenditures from the fund for 5 allocations to each county commission of veteran affairs to 6 provide veterans outreach under section 35B.6A. 7 b. The total amount of allocations to all counties under 8 paragraph “a” in any one year shall not exceed an amount equal 9 to the balance of the veterans outreach fund minus two hundred 10 fifty thousand dollars. 11 c. Each county’s allocation under paragraph “a” in any year 12 shall be an amount equal to the total amount of allocations 13 determined under paragraph “b” for that year multiplied by 14 the quotient of the total number of veterans residing in that 15 county divided by the total number of veterans residing in the 16 state. 17 6. If the department identifies other purposes for which 18 the moneys in the veterans outreach fund may be used for the 19 benefit of veterans and veterans’ families, the department 20 shall submit recommendations for the addition of such purposes 21 to the general assembly for review. 22 7. The department shall submit an annual report to the 23 general assembly by January 15 of each year concerning the 24 veterans outreach fund created by this section. The annual 25 report shall include financial information concerning moneys 26 in the fund and shall also include information on the number, 27 amount, and type of expenditures, if any, from the fund during 28 the prior calendar year. 29 8. The department shall adopt rules, pursuant to chapter 30 17A, deemed necessary for the implementation of this section. 31 Sec. 4. NEW SECTION . 35B.6A Veterans outreach coordinator 32 —— designation —— duties. 33 1. Each county commission of veteran affairs shall 34 designate one of the following individuals as the county 35 -2- LSB 6223HC (13) 83 md/sc 2/ 7

H.F. _____ veterans outreach coordinator: 1 a. The executive director or administrator, as applicable, 2 employed by the commission under section 35B.6, subsection 1. 3 b. An executive director or administrator, as applicable, 4 whose services are shared by the county pursuant to an 5 agreement under section 35B.6, subsection 2. 6 c. An individual hired by the commission specifically to 7 provide veterans outreach. An individual under this paragraph 8 may be an individual whose veterans outreach services are 9 shared between the county and one or more other counties 10 pursuant to an agreement under chapter 28E. 11 d. A current commissioner on the county commission of 12 veteran affairs. 13 2. The designation of a county veterans outreach 14 coordinator shall not relieve the county, the county commission 15 of veteran affairs, or the individual designated of any 16 other duty required by law, including but not limited to the 17 requirements of section 35B.6. 18 3. All moneys allocated to the commission under section 19 35A.15 shall be used exclusively for veterans outreach as 20 defined in this section. Priority shall be given to veterans 21 outreach that is directed toward veterans who have recently 22 returned from a combat zone and the families of such veterans. 23 4. If a county fails to be in compliance with the 24 requirements of this section on June 30 of each fiscal year, 25 all moneys received by the county from the veterans outreach 26 fund during that fiscal year shall be reimbursed to the 27 veterans outreach fund. 28 5. Moneys allocated to a county from the veterans outreach 29 fund shall be used to supplement and not supplant any existing 30 funding provided by the county or received by the county from 31 any other source. The department shall adopt a maintenance of 32 effort requirement for moneys distributed to counties from the 33 veterans outreach fund. 34 6. For purposes of this section “veterans outreach” 35 -3- LSB 6223HC (13) 83 md/sc 3/ 7

H.F. _____ means activities and programs, including personnel expenses 1 related to such activities and programs, that provide direct 2 communication between a veterans outreach coordinator and 3 a veteran or a veteran’s family to provide information on 4 veterans services and programs available through governmental 5 entities, nonprofit organizations, or other private sources. 6 “Veterans outreach” also means training and educational programs 7 for other government employees on topics related to issues 8 affecting veterans. Direct communication between a veterans 9 outreach coordinator and a veteran or a veteran’s family may 10 include electronic communication. 11 Sec. 5. NEW SECTION . 422.12F Income tax checkoff for the 12 veterans outreach fund. 13 1. A person who files an individual or a joint income 14 tax return with the department of revenue under section 15 422.13 may designate five dollars or more to be paid to the 16 veterans outreach fund created in section 35A.15. If the 17 refund due on the return or the payment remitted with the 18 return is insufficient to pay the amount designated by the 19 taxpayer to the veterans outreach fund, the amount designated 20 shall be reduced to the remaining amount of the refund or the 21 remaining amount remitted with the return. The designation of 22 a contribution to the veterans outreach fund under this section 23 is irrevocable. 24 2. The director of revenue shall draft the income tax form 25 to allow the designation of contributions to the veterans 26 outreach fund on the tax return. The department of revenue, 27 on or before January 31, shall transfer the total amount 28 designated on the tax return forms due in the preceding 29 calendar year to the veterans outreach fund. However, before 30 a checkoff pursuant to this section shall be permitted, all 31 liabilities on the books of the department of administrative 32 services and accounts identified as owing under section 8A.504 33 and the political contribution allowed under section 68A.601 34 shall be satisfied. 35 -4- LSB 6223HC (13) 83 md/sc 4/ 7

H.F. _____ 3. The department of veterans affairs may authorize payment 1 of moneys from the veterans outreach fund, in accordance with 2 section 35A.15. 3 4. The department of revenue shall adopt rules to administer 4 this section. 5 5. This section is subject to repeal under section 422.12E. 6 Sec. 6. IMPLEMENTATION. The income tax checkoff created 7 in this Act shall be eligible for placement on the individual 8 income tax return form beginning for the tax year commencing 9 January 1, 2010, provided the conditions for placement on the 10 return form set out in section 422.12E are met. 11 Sec. 7. RETROACTIVE APPLICABILITY. The section of this Act 12 enacting section 422.12F, applies retroactively to January 1, 13 2010, for tax years beginning on or after that date. 14 Sec. 8. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 15 immediate importance, takes effect upon enactment. 16 EXPLANATION 17 This bill creates new Code section 35A.15, which establishes 18 a veterans outreach fund within the state treasury under the 19 control of the department of veterans affairs. The bill 20 provides that the fund consists of moneys transferred to the 21 fund under section new Code section 422.12F (veterans outreach 22 fund checkoff), appropriations made to the fund, required 23 reimbursements from counties under new Code section 35B.6A, and 24 any other moneys available to and obtained or accepted by the 25 department of veterans affairs from the federal government or 26 private sources for deposit in the fund. Interest or earnings 27 on moneys in the veterans outreach fund are credited to the 28 fund and moneys remaining in the fund at the end of a fiscal 29 year do not revert to the general fund of the state. 30 The moneys in the veterans outreach fund are to be used for 31 veterans outreach, as defined in the bill, conducted through 32 the county commissions of veteran affairs by designated county 33 veterans outreach coordinators. Under new Code section 35B.6A, 34 each county commission of veteran affairs is required to 35 -5- LSB 6223HC (13) 83 md/sc 5/ 7

H.F. _____ designate a county veterans outreach coordinator from a list of 1 specified individuals. Allocations from the veterans outreach 2 fund to each county are made based on the number of veterans 3 residing in each county. 4 Before the expenditure of moneys can be approved by the 5 department of veterans affairs, the veterans outreach fund 6 must have a balance of $250,000. However, the department of 7 veterans affairs may approve expenditures from the fund for 8 the purpose of securing certain federal matching funds if the 9 veterans outreach fund balance exceeds $100,000. 10 The bill specifies that veterans outreach directed toward 11 veterans who have recently returned from a combat zone shall be 12 given priority. The bill imposes reimbursement requirements 13 on counties who receive moneys from the veterans outreach 14 fund, but which fail to comply with the requirements of new 15 Code section 35B.6A. The bill requires that moneys from the 16 veterans outreach fund must be used to supplement and not 17 supplant any existing funding provided by the county. 18 This bill establishes an income tax checkoff for the 19 veterans outreach fund. The bill provides that a person who 20 files an individual or a joint income tax return may designate 21 five dollars or more to be paid to the veterans outreach fund. 22 The department of revenue, on or before January 31 of each 23 year, is required to transfer the total amount designated on 24 the tax return forms due in the preceding calendar year to the 25 veterans outreach fund. 26 The income tax checkoff created in the bill is eligible for 27 placement on the individual income tax return form beginning 28 for the tax year commencing January 1, 2010, and is subject to 29 repeal under Code section 422.12E. 30 The bill also establishes certain reporting requirements for 31 the department of veterans affairs relating to the veterans 32 outreach fund and compliance with the outreach requirements of 33 new Code section 35B.6A. 34 The bill takes effect upon enactment. The section of the 35 -6- LSB 6223HC (13) 83 md/sc 6/ 7