House Study Bill 577 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON VETERANS AFFAIRS BILL BY CHAIRPERSON CHAMBERS) A BILL FOR An Act creating veterans bonus funds for military service 1 during certain military conflicts in Lebanon, Grenada, and 2 Panama, and for service during certain military conflicts 3 in the Persian Gulf, providing penalties, and making 4 appropriations. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5744YC (4) 84 aw/nh
H.F. _____ Section 1. Section 35A.8, subsection 5, Code 2011, is 1 amended by adding the following new paragraphs: 2 NEW PARAGRAPH . g. A Lebanon, Grenada, and Panama veterans 3 bonus fund is created in the state treasury. The Lebanon, 4 Grenada, and Panama veterans bonus fund shall consist of all 5 moneys appropriated to the fund to pay the bonus compensation 6 authorized in section 35A.8B. Notwithstanding section 12C.7, 7 interest or earnings on investments or time deposits of the 8 moneys in the Lebanon, Grenada, and Panama veterans bonus 9 fund shall be credited to the bonus fund. Section 8.33 does 10 not apply to moneys appropriated to the Lebanon, Grenada, 11 and Panama veterans bonus fund. On July 1, 2012, all funds 12 transferred to the veterans trust fund pursuant to 2010 Iowa 13 Acts, chapter 129, section 52, shall be transferred to the 14 Lebanon, Grenada, and Panama veterans bonus fund created in 15 this paragraph. 16 NEW PARAGRAPH . h. A Persian Gulf veterans bonus fund is 17 created in the state treasury. The Persian Gulf veterans 18 bonus fund shall consist of all moneys appropriated to the 19 fund to pay the bonus compensation authorized in section 20 35A.8C. Notwithstanding section 12C.7, interest or earnings 21 on investments or time deposits of the moneys in the Persian 22 Gulf veterans bonus fund shall be credited to the bonus fund. 23 Section 8.33 does not apply to moneys appropriated to the 24 Persian Gulf veterans bonus fund. 25 Sec. 2. NEW SECTION . 35A.8B Lebanon, Grenada, and Panama 26 veterans bonus —— limited residency requirement —— penalty —— 27 appropriation. 28 1. a. A person who served on active duty for not less 29 than one hundred twenty days in the armed forces of the United 30 States at any time between August 24, 1982, and July 31, 1984, 31 both dates inclusive, or between December 20, 1989, and January 32 31, 1990, both dates inclusive, and who was inducted into 33 active duty service from the state of Iowa and was honorably 34 discharged or separated from active duty service, or is still 35 -1- LSB 5744YC (4) 84 aw/nh 1/ 8
H.F. _____ in active service in an honorable status, or has been retired, 1 or has been furloughed to a reserve, or has been placed on 2 inactive status is entitled to receive from moneys appropriated 3 for that purpose the sum of seventeen dollars and fifty cents 4 for each month that the person was on active duty service 5 in a conflict service area, within the dates specified in 6 this paragraph. Compensation under this paragraph shall not 7 exceed a total sum of five hundred dollars. Compensation for a 8 fraction of a month shall not be considered unless the fraction 9 is sixteen days or more, in which case the fraction shall be 10 computed as a full month. 11 b. A person otherwise qualified under paragraph “a” , except 12 that the person was not present in a conflict service area 13 during the period between August 24, 1982, and July 31, 1984, 14 both dates inclusive, or between December 20, 1989, and January 15 31, 1990, both dates inclusive, is entitled to receive from 16 moneys appropriated for that purpose the sum of twelve dollars 17 and fifty cents for each month that the person was on active 18 duty service, within the dates specified in paragraph “a” . 19 Compensation under this paragraph shall not exceed a total sum 20 of three hundred dollars. Compensation for a fraction of a 21 month shall not be considered unless the fraction is sixteen 22 days or more, in which case the fraction shall be computed as 23 a full month. 24 c. The department shall adopt rules pursuant to chapter 17A 25 providing for the definition of a conflict service area. 26 2. A person otherwise eligible to receive compensation 27 pursuant to subsection 1 shall be entitled to compensation 28 pursuant to this section if all of the following requirements 29 are met: 30 a. The person has not received a bonus or compensation 31 similar to that provided in this section from this state or 32 another state. 33 b. The person was on active duty service after August 34 24, 1982, and the person did not refuse on conscientious, 35 -2- LSB 5744YC (4) 84 aw/nh 2/ 8
H.F. _____ political, religious, or other grounds, to be subject to 1 military discipline. 2 c. The person files an application for compensation under 3 this section in a manner determined by the department of 4 veterans affairs by July 1, 2014. 5 3. The surviving unremarried widow or widower, child or 6 children, mother, father, or person standing in loco parentis, 7 in the order named and none other, of any deceased person shall 8 be paid the compensation that the deceased person would be 9 entitled to pursuant to this section, if living. However, 10 if any person has died or shall die, or is disabled, from 11 service-connected causes incurred during the period and in the 12 area from which the person is entitled to receive compensation 13 pursuant to this section, the person or the first survivor as 14 designated by this subsection, and in the order named, shall be 15 paid five hundred dollars or three hundred dollars, whichever 16 maximum amount would have applied pursuant to subsection 1, 17 paragraph “a” or “b” , regardless of the length of service. 18 4. A person who knowingly makes a false statement relating 19 to a material fact in supporting an application under this 20 section is guilty of a serious misdemeanor. A person convicted 21 pursuant to this section shall forfeit all benefits to which 22 the person may have been entitled under this section. 23 5. All payments and allowances made under this section shall 24 be exempt from taxation, levy, and sale on execution. 25 6. The bonus compensation authorized under this section 26 shall be paid from moneys in the Lebanon, Grenada, and Panama 27 veterans bonus fund. 28 7. The executive director of the department of veterans 29 affairs shall provide for the administration of the bonus 30 authorized in this section. The department shall adopt rules, 31 pursuant to chapter 17A, as necessary to administer this 32 section including but not limited to application procedures, 33 investigation, approval or disapproval, and payment of claims. 34 The department may expend up to one percent of the moneys 35 -3- LSB 5744YC (4) 84 aw/nh 3/ 8
H.F. _____ appropriated for the bonus compensation authorized under 1 this section for administrative costs associated with the 2 requirements of this section. 3 8. This section is repealed June 30, 2015. 4 Sec. 3. NEW SECTION . 35A.8C Persian Gulf veterans bonus —— 5 limited residency requirement —— penalty —— appropriation. 6 1. a. A person who served on active duty for not less 7 than one hundred twenty days in the armed forces of the United 8 States at any time between January 31, 1990, and February 9 28, 1991, both dates inclusive, and who was inducted into 10 active duty service from the state of Iowa and was honorably 11 discharged or separated from active duty service, or is still 12 in active service in an honorable status, or has been retired, 13 or has been furloughed to a reserve, or has been placed on 14 inactive status is entitled to receive from moneys appropriated 15 for that purpose the sum of seventeen dollars and fifty cents 16 for each month that the person was on active duty service 17 in the conflict service area, within the dates specified in 18 this paragraph. Compensation under this paragraph shall not 19 exceed a total sum of five hundred dollars. Compensation for a 20 fraction of a month shall not be considered unless the fraction 21 is sixteen days or more, in which case the fraction shall be 22 computed as a full month. 23 b. A person otherwise qualified under paragraph “a” , 24 except that the person was not present in a conflict service 25 area during the period between January 31, 1990, and February 26 28, 1991, both dates inclusive, is entitled to receive from 27 moneys appropriated for that purpose the sum of twelve dollars 28 and fifty cents for each month that the person was on active 29 duty service, within the dates specified in paragraph “a” . 30 Compensation under this paragraph shall not exceed a total sum 31 of three hundred dollars. Compensation for a fraction of a 32 month shall not be considered unless the fraction is sixteen 33 days or more, in which case the fraction shall be computed as 34 a full month. 35 -4- LSB 5744YC (4) 84 aw/nh 4/ 8
H.F. _____ c. The department shall adopt rules pursuant to chapter 17A 1 providing for the definition of a conflict service area. 2 2. A person otherwise eligible to receive compensation 3 pursuant to subsection 1 shall be entitled to compensation 4 pursuant to this section if all of the following requirements 5 are met: 6 a. The person has not received a bonus or compensation 7 similar to that provided in this section from this state or 8 another state. 9 b. The person was on active duty service after January 10 31, 1990, and the person did not refuse on conscientious, 11 political, religious, or other grounds, to be subject to 12 military discipline. 13 c. The person files an application for compensation under 14 this section in a manner determined by the department of 15 veterans affairs by July 1, 2014. 16 3. The surviving unremarried widow or widower, child or 17 children, mother, father, or person standing in loco parentis, 18 in the order named and none other, of any deceased person shall 19 be paid the compensation that the deceased person would be 20 entitled to pursuant to this section, if living. However, 21 if any person has died or shall die, or is disabled, from 22 service-connected causes incurred during the period and in the 23 area from which the person is entitled to receive compensation 24 pursuant to this section, the person or the first survivor as 25 designated by this subsection, and in the order named, shall be 26 paid five hundred dollars or three hundred dollars, whichever 27 maximum amount would have applied pursuant to subsection 1, 28 paragraph “a” or “b” , regardless of the length of service. 29 4. A person who knowingly makes a false statement relating 30 to a material fact in supporting an application under this 31 section is guilty of a serious misdemeanor. A person convicted 32 pursuant to this section shall forfeit all benefits to which 33 the person may have been entitled under this section. 34 5. All payments and allowances made under this section shall 35 -5- LSB 5744YC (4) 84 aw/nh 5/ 8
H.F. _____ be exempt from taxation, levy, and sale on execution. 1 6. The bonus compensation authorized under this section 2 shall be paid from moneys in the Persian Gulf veterans bonus 3 fund. 4 7. The executive director of the department of veterans 5 affairs shall provide for the administration of the bonus 6 authorized in this section. The department shall adopt rules, 7 pursuant to chapter 17A, as necessary to administer this 8 section including but not limited to application procedures, 9 investigation, approval or disapproval, and payment of claims. 10 The department may expend up to one percent of the moneys 11 appropriated for the bonus compensation authorized under 12 this section for administrative costs associated with the 13 requirements of this section. 14 8. This section is repealed June 30, 2015. 15 Sec. 4. Section 422.7, Code Supplement 2011, is amended by 16 adding the following new subsections: 17 NEW SUBSECTION . 57. Subtract, to the extent included, 18 the amount of any Lebanon, Grenada, and Panama veterans bonus 19 provided pursuant to section 35A.8, subsection 5, and section 20 35A.8B. 21 NEW SUBSECTION . 58. Subtract, to the extent included, the 22 amount of any Persian Gulf veterans bonus provided pursuant to 23 section 35A.8, subsection 5, and section 35A.8C. 24 EXPLANATION 25 This bill provides for the creation of veterans bonus funds 26 within the state treasury for the provision of bonuses to 27 veterans of the United States military who served during the 28 period of certain conflicts. 29 The bonus funds would be available to certain members of the 30 United States armed forces who served in active duty during 31 the military conflicts in Lebanon, Grenada, Panama, and the 32 Persian Gulf. The bill creates one bonus fund for service 33 during the conflicts in Lebanon, Grenada, and Panama, and 34 creates a separate bonus fund for service during the conflict 35 -6- LSB 5744YC (4) 84 aw/nh 6/ 8
H.F. _____ in the Persian Gulf. The bill provides certain dates for the 1 periods of these conflicts. The bill provides that veterans 2 who served in conflict service areas during these periods will 3 receive a larger bonus for their service than veterans who did 4 not serve in a conflict service area. The bill provides for 5 the computation of such payments based upon months of service 6 either in or outside of a conflict service area. A person who 7 served in a conflict service area will not receive more than a 8 $500 bonus and a person who did not serve in a conflict service 9 area will not receive more than a $300 bonus from the funds. 10 The bill requires that a veteran must meet additional 11 requirements to qualify for a bonus. The person must not have 12 received a similar bonus from this state or any other state. 13 The person must not have refused to be subject to military 14 discipline on certain grounds. The bill also requires that the 15 person file an application by January 1, 2014, for the bonuses 16 from these funds in order to qualify. 17 Certain other persons including a surviving unremarried 18 widow or widower, child or children, mother, father, or person 19 standing in loco parentis of any deceased person shall be paid 20 the compensation that the deceased person would have been 21 entitled to. Payments for such compensation may be made to the 22 first survivor in the order named and none other. The bill 23 provides that upon certain service-related death or disability 24 that the veteran or first survivor will be paid the highest 25 possible contribution permitted to that individual allowed by 26 the funds. 27 The bill provides that knowingly making a false statement 28 of material fact supporting an application to receive these 29 funds is a serious misdemeanor. The bill also provides that a 30 conviction on such a charge would result in forfeiture of any 31 rights to collect from the funds. 32 Moneys received from the funds are exempt from taxation, 33 levy, and sale on execution. The director of the department of 34 veterans affairs is to administer the fund and adopt rules as 35 -7- LSB 5744YC (4) 84 aw/nh 7/ 8
H.F. _____ necessary for the fund’s administration. 1 -8- LSB 5744YC (4) 84 aw/nh 8/ 8