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, providing penalties, and making appropriations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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