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 TLSB 1156HV (2) 84 aw/rj
H.F. 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 35 -1- LSB 1156HV (2) 84 aw/rj 1/ 4
H.F. 363 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 35 -2- LSB 1156HV (2) 84 aw/rj 2/ 4
H.F. 363 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 35 -3- LSB 1156HV (2) 84 aw/rj 3/ 4
H.F. 363 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. 35 -4- LSB 1156HV (2) 84 aw/rj 4/ 4