Senate Study Bill 1173 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON VETERANS AFFAIRS BILL BY CHAIRPERSON BEALL) A BILL FOR An Act creating a post-Vietnam Conflict veterans’ bonus fund, 1 providing penalties, and making appropriations. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2444XC (3) 84 aw/nh
S.F. _____ Section 1. Section 35A.8, subsection 5, Code 2011, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . g. A post-Vietnam Conflict veterans’ bonus 3 fund is created in the state treasury. The post-Vietnam 4 Conflict veterans’ bonus fund shall consist of all moneys 5 appropriated to the fund to pay the bonus compensation 6 authorized in section 35A.8B. On July 1, 2011, all funds 7 remaining in the Vietnam Conflict veterans’ bonus fund 8 created in paragraph “f” are appropriated to the post-Vietnam 9 Conflict veterans’ bonus fund created in this paragraph. 10 Notwithstanding section 12C.7, interest or earnings on 11 investments or time deposits of the moneys in the post-Vietnam 12 Conflict veterans’ bonus fund shall be credited to the bonus 13 fund. Section 8.33 does not apply to moneys appropriated to 14 the post-Vietnam Conflict veterans’ bonus fund. 15 Sec. 2. NEW SECTION . 35A.8B Post-Vietnam Conflict veterans’ 16 bonus —— limited residency requirement —— appropriation. 17 1. a. A person who served on active duty for not less 18 than one hundred twenty days in the armed forces of the United 19 States at any time between August 24, 1982, and July 31, 1984, 20 both dates inclusive, between December 20, 1989, and January 21 31, 1990, both dates inclusive, or between August 2, 1990, 22 and February 28, 1991, both dates inclusive, and who was 23 inducted into active duty service from the state of Iowa and 24 was honorably discharged or separated from active duty service, 25 or is still in active service in an honorable status, or has 26 been retired, or has been furloughed to a reserve, or has been 27 placed on inactive status is entitled to receive from moneys 28 appropriated for that purpose the sum of seventeen dollars and 29 fifty cents for each month that the person was on active duty 30 service in a conflict service area, within the dates specified 31 in this paragraph. Compensation under this paragraph shall not 32 exceed a total sum of five hundred dollars. Compensation for a 33 fraction of a month shall not be considered unless the fraction 34 is sixteen days or more, in which case the fraction shall be 35 -1- LSB 2444XC (3) 84 aw/nh 1/ 5
S.F. _____ computed as a full month. 1 b. A person otherwise qualified under paragraph “a” except 2 that the person was on active duty service but was not present 3 in a conflict service area is entitled to receive from moneys 4 appropriated for that purpose the sum of twelve dollars and 5 fifty cents for each month that the person was on active 6 duty service, within the dates specified in paragraph “a” . 7 Compensation under this paragraph shall not exceed a total sum 8 of three hundred dollars. Compensation for a fraction of a 9 month shall not be considered unless the fraction is sixteen 10 days or more, in which case the fraction shall be computed as 11 a full month. 12 c. The department shall adopt rules pursuant to chapter 17A 13 providing for the definition of a conflict service area. 14 2. A person otherwise eligible to receive compensation 15 pursuant to subsection 1 shall be entitled to compensation 16 pursuant to this section if all of the following requirements 17 are met: 18 a. The person has not received a bonus or compensation 19 similar to that provided in this section from this state or 20 another state. 21 b. The person was on active duty service after August 22 24, 1982, and the person did not refuse on conscientious, 23 political, religious, or other grounds, to be subject to 24 military discipline. 25 c. The person made application for a bonus or compensation 26 similar to that provided in this section from this state 27 and was denied compensation because the person did not meet 28 applicable residency requirements. 29 d. The person files an application for compensation under 30 this section in a manner determined by the department of 31 veterans affairs. 32 3. The surviving unremarried widow or widower, child or 33 children, mother, father, or person standing in loco parentis, 34 in the order named and none other, of any deceased person shall 35 -2- LSB 2444XC (3) 84 aw/nh 2/ 5
S.F. _____ be paid the compensation that the deceased person would be 1 entitled to pursuant to this section, if living. However, 2 if any person has died or shall die, or is disabled, from 3 service-connected causes incurred during the period and in the 4 area from which the person is entitled to receive compensation 5 pursuant to this section, the person or the first survivor as 6 designated by this subsection, and in the order named, shall be 7 paid five hundred dollars or three hundred dollars, whichever 8 maximum amount would have applied pursuant to subsection 1, 9 paragraph “a” or “b” , regardless of the length of service. 10 4. A person who knowingly makes a false statement relating 11 to a material fact in supporting an application under this 12 section is guilty of a serious misdemeanor. A person convicted 13 pursuant to this section shall forfeit all benefits to which 14 the person may have been entitled under this section. 15 5. All payments and allowances made under this section shall 16 be exempt from taxation, levy, and sale on execution. 17 6. The bonus compensation authorized under this section 18 shall be paid from moneys appropriated for post-Vietnam 19 Conflict veterans’ bonuses. 20 7. The director of the department of veterans affairs shall 21 provide for the administration of the bonus authorized in this 22 section. The department shall adopt rules, pursuant to chapter 23 17A, as necessary to administer this section including but not 24 limited to application procedures, investigation, approval or 25 disapproval, and payment of claims. The department may expend 26 up to one percent of the moneys appropriated for the bonus 27 compensation authorized under this section for administrative 28 costs associated with the requirements of this section. 29 Sec. 3. Section 422.7, Code 2011, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 54. Subtract, to the extent included, the 32 amount of any post-Vietnam Conflict veterans bonus provided 33 pursuant to section 35A.8, subsection 5, and section 35A.8B. 34 EXPLANATION 35 -3- LSB 2444XC (3) 84 aw/nh 3/ 5
S.F. _____ This bill provides for the creation of a veterans’ bonus 1 fund within the state treasury for the provision of bonuses to 2 veterans of the United States military who served during the 3 period of certain conflicts. 4 The bonus fund would be available to certain members of the 5 United States armed forces who served in active duty during 6 the military conflicts in Lebanon, Granada, Panama, and the 7 Persian Gulf. The bill provides certain dates for the periods 8 of these conflicts. The bill provides that veterans who served 9 in conflict service areas during these periods will receive 10 a larger bonus for their service than veterans who did not 11 serve in a conflict service area. The bill provides for the 12 computation of such payments based upon months of service 13 either in or outside of a conflict service area. A person who 14 served in a conflict service area will not receive more than a 15 $500 bonus and a person who did not serve in a conflict service 16 area will not receive more than a $300 bonus from the fund. 17 The bill requires that a veteran must meet additional 18 requirements to qualify for a bonus. The person must not have 19 received a similar bonus from this state or any other state. 20 The person must not have refused to be subject to military 21 discipline on certain grounds. The person must have applied 22 for a similar bonus and been denied compensation because the 23 person did not meet residency requirements. The bill also 24 requires that the person file an application for the bonus from 25 this fund in order to qualify. 26 Certain other persons including a surviving unremarried 27 widow or widower, child or children, mother, father, or person 28 standing in loco parentis of any deceased person shall be paid 29 the compensation that the deceased person would have been 30 entitled to. Payments for such compensation may be made to the 31 first survivor in the order named and none other. The bill 32 provides that upon certain service-related death or disability 33 that the veteran or first survivor will be paid the highest 34 possible contribution permitted to that individual allowed by 35 -4- LSB 2444XC (3) 84 aw/nh 4/ 5
S.F. _____ the fund. 1 The bill provides that knowingly making a false statement 2 of material fact supporting an application to receive these 3 funds is a serious misdemeanor. The bill also provides that a 4 conviction on such a charge would result in forfeiture of any 5 rights to collect from the fund. 6 Moneys received from the fund are exempt from taxation, 7 levy, and sale on execution. The director of the department of 8 veterans affairs is to administer the fund and adopt rules as 9 necessary for the fund’s administration. 10 -5- LSB 2444XC (3) 84 aw/nh 5/ 5