House
File
363
-
Introduced
HOUSE
FILE
363
BY
COMMITTEE
ON
VETERANS
AFFAIRS
(SUCCESSOR
TO
HF
256)
A
BILL
FOR
An
Act
relating
to
the
duties
and
rulemaking
authority
of
the
1
commission
on
veterans
affairs.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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363
Section
1.
Section
35A.3,
subsection
2,
Code
2011,
is
1
amended
to
read
as
follows:
2
2.
Review
and
approve,
prior
to
adoption,
all
proposed
3
rules
submitted
by
the
department
concerning
the
management
4
and
operation
of
the
department
and
programs
administered
by
5
the
department
.
Unless
the
commission
votes
to
disapprove
a
6
proposed
rule
on
a
two-thirds
vote
at
the
earlier
of
the
next
7
regularly
scheduled
meeting
of
the
commission
or
a
special
8
meeting
of
the
commission
called
by
the
commission
within
9
thirty
days
of
the
date
the
proposed
rule
is
submitted,
the
10
department
may
proceed
to
adopt
the
rule.
11
Sec.
2.
Section
35A.3,
Code
2011,
is
amended
by
adding
the
12
following
new
subsections:
13
NEW
SUBSECTION
.
6.
Provide
guidance
and
make
14
recommendations
to
the
department
during
an
annual
review
of
15
the
department’s
proposed
budget
and
provide
guidance
and
make
16
recommendations
for
budget
changes
that
occur
during
the
fiscal
17
year.
18
NEW
SUBSECTION
.
7.
Consult
with
the
department
19
regarding
certification
training
for
executive
directors
20
and
administrators
of
county
commissions
of
veteran
affairs
21
pursuant
to
section
35B.6.
22
Sec.
3.
Section
35A.5,
subsection
9,
Code
2011,
is
amended
23
to
read
as
follows:
24
9.
After
consultation
with
the
commission,
provide
25
certification
training
to
executive
directors
and
26
administrators
of
county
commissions
of
veteran
affairs
27
pursuant
to
section
35B.6
.
Training
provided
under
this
28
subsection
shall
include
accreditation
by
the
national
29
association
of
county
veteran
service
officers.
Training
30
provided
by
the
department
shall
be
certified
by
the
national
31
association
of
county
veteran
service
officers
and,
in
32
addition,
shall
ensure
that
each
executive
director
and
33
administrator
is
proficient
in
the
use
of
electronic
mail,
34
general
computer
use,
and
use
of
the
internet
to
access
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information
regarding
facilities,
benefits,
and
services
1
available
to
veterans
and
their
families.
The
department
2
commission
may
adopt
rules
in
accordance
with
chapter
17A
3
to
provide
for
training
of
county
veteran
affairs
executive
4
directors
and
administrators.
5
Sec.
4.
Section
35A.5,
subsection
12,
Code
2011,
is
amended
6
to
read
as
follows:
7
12.
Adopt
rules
pursuant
to
chapter
17A
and
establish
policy
8
for
the
management
and
operation
of
the
department.
Prior
to
9
adopting
rules,
the
department
shall
submit
proposed
rules
10
to
the
commission
for
review
and
approval
pursuant
to
the
11
requirements
of
section
35A.3
.
12
Sec.
5.
Section
35A.8,
subsection
4,
paragraph
a,
Code
2011,
13
is
amended
to
read
as
follows:
14
a.
The
executive
director
shall
provide
for
the
15
administration
of
the
bonus
authorized
in
this
subsection
.
The
16
department
commission
shall
adopt
rules,
pursuant
to
chapter
17
17A
,
as
necessary
to
administer
this
subsection
including
,
but
18
not
limited
to
,
application
procedures,
investigation,
approval
19
or
disapproval,
and
payment
of
claims.
20
Sec.
6.
Section
35A.8,
subsection
5,
paragraph
a,
Code
2011,
21
is
amended
to
read
as
follows:
22
a.
The
executive
director
shall
provide
for
the
23
administration
of
the
bonus
authorized
in
this
subsection
.
The
24
department
commission
shall
adopt
rules,
pursuant
to
chapter
25
17A
,
as
necessary
to
administer
this
subsection
including
but
26
not
limited
to
application
procedures,
investigation,
approval
27
or
disapproval,
and
payment
of
claims.
28
Sec.
7.
Section
35A.8A,
subsection
7,
Code
2011,
is
amended
29
to
read
as
follows:
30
7.
The
executive
director
of
the
department
of
veterans
31
affairs
shall
provide
for
the
administration
of
the
bonus
32
authorized
in
this
section
.
The
department
commission
33
shall
adopt
rules,
pursuant
to
chapter
17A
,
as
necessary
34
to
administer
this
section
including
but
not
limited
to
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application
procedures,
investigation,
approval
or
disapproval,
1
and
payment
of
claims.
The
department
commission
may
expend
2
up
to
one
percent
of
the
moneys
appropriated
for
the
bonus
3
compensation
authorized
under
this
section
for
administrative
4
costs
associated
with
the
requirements
of
this
section
.
5
Sec.
8.
Section
35A.13,
subsection
5,
Code
2011,
is
amended
6
to
read
as
follows:
7
5.
It
is
the
intent
of
the
general
assembly
that
beginning
8
with
the
fiscal
year
beginning
July
1,
2008,
appropriations
9
be
made
annually
to
the
veterans
trust
fund.
Prior
to
any
10
additional
appropriations
to
this
fund,
the
department
11
commission
shall
provide
the
general
assembly
with
information
12
identifying
immediate
and
long-term
veteran
services
throughout
13
the
state
and
a
plan
for
delivering
those
services.
14
Sec.
9.
Section
35A.13,
subsection
9,
Code
2011,
is
amended
15
by
striking
the
subsection.
16
Sec.
10.
Section
35A.14,
subsection
5,
unnumbered
paragraph
17
1,
Code
2011,
is
amended
to
read
as
follows:
18
The
department
commission
shall
adopt
rules
governing
the
19
distribution
of
grants
under
this
section
in
accordance
with
20
the
following:
21
Sec.
11.
Section
35A.17,
subsection
4,
Code
2011,
is
amended
22
to
read
as
follows:
23
4.
The
department
commission
shall
adopt
rules,
pursuant
24
to
chapter
17A
,
deemed
necessary
for
the
administration
of
the
25
county
commission
of
veteran
affairs
training
program.
26
Sec.
12.
Section
36.8,
Code
2011,
is
amended
to
read
as
27
follows:
28
36.8
Rules.
29
The
department
commission
shall
adopt
rules
pursuant
to
30
chapter
17A
to
implement
this
chapter
.
31
Sec.
13.
Section
36.9,
Code
2011,
is
amended
to
read
as
32
follows:
33
36.9
Appropriations.
34
This
chapter
shall
be
implemented
by
the
department
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commission
each
fiscal
year
that
appropriations
are
made
to
the
1
department
commission
for
the
implementation.
2
EXPLANATION
3
This
bill
makes
changes
relative
to
the
duties
and
4
responsibilities
of
the
department
of
veterans
affairs
and
the
5
commission
on
veterans
affairs.
The
bill
requires
that
the
6
commission,
upon
review
of
rules
proposed
by
the
department,
7
approve
such
rules
before
adoption
by
the
department.
8
The
bill
specifies
that
the
commission
may
adopt
rules
for
9
the
provision
of
training
to
county
veteran
affairs
executive
10
directors
and
administrators.
The
bill
requires
that
the
11
commission
consult
with
the
department
on
such
rules.
The
bill
12
also
requires
the
commission
to
provide
certain
recommendations
13
to
the
department
during
annual
budget
reviews
and
any
changes
14
that
occur
during
the
fiscal
year.
The
bill
further
specifies
15
that
the
commission
may
adopt
rules
related
to
veterans
16
bonus
application
procedures,
investigations,
approvals
or
17
disapprovals,
and
payments.
18
The
bill
requires
that
the
commission
identify
and
report
19
to
the
legislature
on
the
short
and
long-term
goals
of
the
20
veterans
trust
fund,
prior
to
any
future
appropriations
by
21
the
general
assembly.
The
bill
strikes
emergency
rulemaking
22
authority
over
the
veterans
trust
fund.
23
The
bill
also
shifts
the
authority
to
adopt
rules
over
the
24
injured
veterans
grant
program
and
the
county
commission
of
25
veteran
affairs
training
program
to
the
commission
from
the
26
department.
27
The
bill
further
shifts
the
authority
to
adopt
rules
to
the
28
commission
from
the
department
for
issues
regarding
medical
29
reporting
requirements
related
to
veterans
exposed
to
chemicals
30
while
serving
in
the
armed
forces.
31
The
bill
finally
allows
the
department
to
propose
32
rules
regarding
policy
for
the
management
and
operation
33
of
the
department
to
the
commission
for
the
commission’s
34
consideration.
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