HOUSE FILE 256

BY  WINDSCHITL

A BILL FOR

An Act relating to the duties and rulemaking authority of the commission on veterans affairs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 35A.3, subsection 2, Code 2011, is amended to read as follows:
   2.  Review Adopt rules pursuant to chapter 17A to carry out the provisions of this chapter after reviewing proposed rules submitted by the department concerning the management and operation of the department as provided in section 35A.5. Unless the commission votes to disapprove a proposed rule on a two-thirds vote at the earlier of the next regularly scheduled meeting of the commission or a special meeting of the commission called by the commission within thirty days of the date the proposed rule is submitted, the department may proceed to adopt the rule.
   Sec. 2.  Section 35A.5, subsection 9, Code 2011, is amended to read as follows:
   9.  After consultation with the commission, provide certification training to executive directors and administrators of county commissions of veteran affairs pursuant to section 35B.6. Training provided under this subsection shall include accreditation by the national association of county veteran service officers. Training provided by the department shall be certified by the national association of county veteran service officers and, in addition, shall ensure that each executive director and administrator is proficient in the use of electronic mail, general computer use, and use of the internet to access information regarding facilities, benefits, and services available to veterans and their families. The department commission may adopt rules in accordance with chapter 17A to provide for training of county veteran affairs executive directors and administrators.
   Sec. 3.  Section 35A.5, subsection 12, Code 2011, is amended to read as follows:
   12.  Adopt Submit proposed rules pursuant to chapter 17A and to establish policy for the management and operation of the department. Prior to adopting rules, the department shall submit proposed rules to the commission for review adoption pursuant tothe requirements of section 35A.3.
   Sec. 4.  Section 35A.8, subsection 4, paragraph a, Code 2011, is amended to read as follows:
   a.  The executive director shall provide for the administration of the bonus authorized in this subsection. The department commission shall adopt rules, pursuant to chapter 17A, as necessary to administer this subsection including, but not limited to, application procedures, investigation, approval or disapproval, and payment of claims.
   Sec. 5.  Section 35A.8, subsection 5, paragraph a, Code 2011, is amended to read as follows:
   a.  The executive director shall provide for the administration of the bonus authorized in this subsection. The department commission shall adopt rules, pursuant to chapter 17A, as necessary to administer this subsection including but not limited to application procedures, investigation, approval or disapproval, and payment of claims.
   Sec. 6.  Section 35A.8A, subsection 7, Code 2011, is amended to read as follows:
   7.  The executive director of the department of veterans affairs shall provide for the administration of the bonus authorized in this section. The department commission shall adopt rules, pursuant to chapter 17A, as necessary to administer this section including but not limited to application procedures, investigation, approval or disapproval, and payment of claims. The department commission may expend up to one percent of the moneys appropriated for the bonus compensation authorized under this section for administrative costs associated with the requirements of this section.
   Sec. 7.  Section 35A.13, subsection 5, Code 2011, is amended to read as follows:
   5.  It is the intent of the general assembly that beginning with the fiscal year beginning July 1, 2008, appropriations be made annually to the veterans trust fund. Prior to any additional appropriations to this fund, the department commission shall provide the general assembly with information identifying immediate and long-term veteran services throughout the state and a plan for delivering those services.
   Sec. 8.  Section 35A.13, subsection 9, Code 2011, is amended by striking the subsection.
   Sec. 9.  Section 35A.14, subsection 5, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   The department commission shall adopt rules governing the distribution of grants under this section in accordance with the following:
   Sec. 10.  Section 35A.17, subsection 4, Code 2011, is amended to read as follows:
   4.  The department commission shall adopt rules, pursuant to chapter 17A, deemed necessary for the administration of the county commission of veteran affairs training program.
   Sec. 11.  Section 36.8, Code 2011, is amended to read as follows:
   36.8  Rules.
   The department commission shall adopt rules pursuant to chapter 17A to implement this chapter.
   Sec. 12.  Section 36.9, Code 2011, is amended to read as follows:
   36.9  Appropriations.
   This chapter shall be implemented by the department commission each fiscal year that appropriations are made to the department commission for the implementation.
EXPLANATION
   This bill makes changes relative to the duties and responsibilities of the department of veterans affairs and the commission on veterans affairs. The bill places all rulemaking authority with the commission and removes rulemaking authority from the department in all instances.
   The bill specifies that this authority extends to rules for the provision of training to county veteran affairs executive directors and administrators. The bill further specifies that the commission may adopt rules related to veterans bonus application procedures, investigations, approvals or disapprovals, and payments.
   The bill requires that the commission identify and report to the legislature on the short and long-term goals of the veterans trust fund, prior to any future appropriations by the general assembly. The bill strikes emergency rulemaking authority over the veterans trust fund. 
   The bill also shifts rulemaking authority over the injured veterans grant program and the county commission of veteran affairs training program to the commission from the department.
   The bill further shifts rulemaking authority to the commission from the department for issues regarding medical reporting requirements related to veterans exposed to chemicals while serving in the armed forces.
   The bill finally allows the department to propose rules regarding policy for the management and operation of the department to the commission for the commission’s consideration.