Senate Study Bill 3010 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF VETERANS AFFAIRS BILL) A BILL FOR An Act relating to the duties and requirements of the 1 department of veterans affairs and the commission of 2 veterans affairs. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5130XD (6) 84 aw/sc
S.F. _____ H.F. _____ Section 1. Section 35A.2, Code 2011, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3. a. The commissioners are entitled 3 to receive reimbursement for actual expenses incurred while 4 engaged in the performance of official duties. Each member of 5 the commission may also be eligible to receive compensation as 6 provided in section 7E.6. 7 b. The executive director, commandant, and employees of the 8 department and the Iowa veterans home are entitled to receive, 9 in addition to salary, reimbursement for actual expenses 10 incurred while engaged in the performance of official duties. 11 c. All out-of-state travel by commissioners shall be 12 approved by the chairperson of the commission. 13 Sec. 2. Section 35A.5, subsection 4, Code Supplement 2011, 14 is amended to read as follows: 15 4. Permanently maintain the records including certified 16 records of bonus applications for awards paid from the war 17 orphans educational fund under chapter 35 . 18 Sec. 3. Section 35A.5, subsection 5, Code Supplement 2011, 19 is amended by striking the subsection and inserting in lieu 20 thereof the following: 21 5. a. Coordinate with United States department of veterans 22 affairs hospitals, health care facilities, and clinics in this 23 state and the department of public health to provide assistance 24 to veterans and their families to reduce the incidence of 25 alcohol and chemical dependency and suicide among veterans and 26 to make mental health counseling available to veterans. 27 b. The assistance program shall include but not be limited 28 to the following: 29 (1) Public education and awareness programs for veterans, 30 health care professionals, and the public, relative to the 31 needs of veterans. 32 (2) Referral services to identify appropriate counseling 33 and treatment programs for veterans in need of services. 34 c. Any assistance program established pursuant to this 35 -1- LSB 5130XD (6) 84 aw/sc 1/ 7
S.F. _____ H.F. _____ subsection shall be implemented in a manner that does not 1 duplicate other services readily available to veterans. 2 Sec. 4. Section 35A.5, subsection 6, Code Supplement 2011, 3 is amended to read as follows: 4 6. Conduct two one service schools school each year for 5 the Iowa association of county commissioners and executive 6 directors one service school for executive directors and 7 administrators. The service school for executive directors 8 and administrators shall provide at least sixteen continuing 9 education units . 10 Sec. 5. Section 35A.8, subsections 4 and 5, Code 2011, are 11 amended by striking the subsections. 12 Sec. 6. Section 35A.16, subsection 4, Code 2011, is amended 13 to read as follows: 14 4. A county commission of veteran affairs training program 15 account shall be established within the county commissions 16 of veteran affairs fund. Any moneys remaining in the fund 17 after the allocations under subsection 3 shall be credited 18 to the account and used by the department to fund the county 19 commission of veteran affairs training program under section 20 35A.17 and training for department personnel . 21 Sec. 7. NEW SECTION . 35A.19 War orphans educational 22 assistance fund. 23 A war orphans educational assistance fund is created as a 24 separate fund in the state treasury under the control of the 25 department of veterans affairs. Any money appropriated for 26 the purpose of assisting in the education of orphaned children 27 of veterans, as defined in section 35.1, or the education of 28 a child as provided in section 35A.20, subsection 2, shall 29 be deposited in the war orphans educational assistance fund. 30 Notwithstanding section 8.33, any unexpended or unencumbered 31 moneys remaining in the fund at the end of the fiscal year 32 shall not revert, but shall remain available for expenditure 33 for purposes of this section in succeeding fiscal years. 34 Sec. 8. NEW SECTION . 35A.20 Expenditure by department. 35 -2- LSB 5130XD (6) 84 aw/sc 2/ 7
S.F. _____ H.F. _____ 1. a. The department may expend not more than six hundred 1 dollars per year for any one child who has lived in the state of 2 Iowa for two years preceding application for state educational 3 assistance, and who is the child of a person who died prior 4 to September 11, 2001, during active federal military service 5 while serving in the armed forces or during active federal 6 military service in the Iowa national guard or other military 7 component of the United States, to defray the expenses of 8 tuition, matriculation, laboratory and similar fees, books and 9 supplies, board, lodging, and any other reasonably necessary 10 expense for the child or children incident to attendance in 11 this state at an educational or training institution of college 12 grade, or in a business or vocational training school with 13 standards approved by the department. 14 b. A child eligible to receive funds under this section 15 shall not receive more than three thousand dollars under this 16 subsection during the child’s lifetime. 17 2. a. Upon application by a child who is less than 18 thirty-one years of age, and who is the child of a person who 19 died on or after September 11, 2001, during active federal 20 military service while serving in the armed forces or during 21 active federal military service in the Iowa national guard 22 or other military component of the United States, and who 23 at the time of entering into active military service had 24 maintained the person’s residence in the state for a period 25 of at least six months immediately before entering into 26 active military service, the department shall provide state 27 educational assistance in an amount of no more than the highest 28 resident undergraduate tuition rate established per year for 29 an institution of higher learning under the control of the 30 state board of regents less the amount of any state and federal 31 education benefits, grants, or scholarships received by the 32 child, or the amount of the child’s established financial need, 33 whichever is less, to defray the expenses of tuition at any 34 postsecondary educational institution in this state. 35 -3- LSB 5130XD (6) 84 aw/sc 3/ 7
S.F. _____ H.F. _____ b. A child eligible to receive state educational assistance 1 under this subsection shall begin postsecondary education prior 2 to reaching age twenty-six, shall not receive more than an 3 amount equal to five times the highest resident undergraduate 4 tuition rate established per year for an institution of higher 5 learning under the control of the state board of regents 6 during the child’s lifetime, and shall, to remain eligible 7 for assistance, meet the academic progress standards of the 8 postsecondary educational institution. Payments for state 9 educational assistance for a child under this subsection 10 shall be made to the applicable postsecondary educational 11 institution. The college student aid commission may, if 12 requested, assist the department in administering this 13 subsection. 14 Sec. 9. NEW SECTION . 35A.21 Eligibility and payment of 15 assistance. 16 Eligibility for assistance shall be determined upon 17 application to the department of veterans affairs, whose 18 decision is final. The eligibility of eligible applicants 19 shall be certified by the department of veterans affairs to 20 the director of the department of administrative services, 21 and all amounts that are or become due an individual or a 22 training institution under this chapter shall be paid to the 23 individual or institution by the director of the department 24 of administrative services upon receipt by the director 25 of certification by the president or governing board of 26 the educational or training institution as to accuracy of 27 charges made, and as to the attendance of the individual at 28 the educational or training institution. The department of 29 veterans affairs may pay over the annual sum set forth in 30 section 35A.20 to the educational or training institution in 31 a lump sum, or in installments as the circumstances warrant, 32 upon receiving from the institution such written undertaking as 33 the department may require to assure the use of funds for the 34 child for the authorized purposes and for no other purpose. A 35 -4- LSB 5130XD (6) 84 aw/sc 4/ 7
S.F. _____ H.F. _____ person is not eligible for the benefits of this chapter until 1 the person has graduated from a high school or educational 2 institution offering a course of training equivalent to high 3 school training. 4 Sec. 10. NEW SECTION . 35A.22 Expenses chargeable to fund. 5 Any expense incurred in carrying out the provisions of 6 sections 35A.19 through 35A.21 shall be chargeable to the war 7 orphans educational assistance fund. 8 Sec. 11. Section 35D.14, Code 2011, is amended to read as 9 follows: 10 35D.14 Personnel —— expenses —— compensation. 11 1. The commandant or the commandant’s designee shall employ 12 such personnel as are necessary for the performance of the 13 duties and responsibilities assigned to the commandant. All 14 employees shall be selected on a basis of fitness for the work 15 to be performed with due regard to training and experience and 16 shall be subject to the provisions of chapter 8A, subchapter 17 IV . 18 2. The commandant and employees of the Iowa veterans home 19 are entitled to receive, in addition to salary, reimbursement 20 for actual expenses incurred while engaged in the performance 21 of official duties pursuant to section 35A.9 35A.2, subsection 22 3 . 23 Sec. 12. Section 422.7, subsection 51, Code Supplement 24 2011, is amended by striking the subsection. 25 Sec. 13. REPEAL. Sections 35.8, 35.9, 35.10, 35.11, and 26 35.12, Code 2011, are repealed. 27 Sec. 14. REPEAL. Section 35A.9, Code 2011, is repealed. 28 EXPLANATION 29 This bill relates to the department of veterans affairs and 30 the commission of veterans affairs. 31 The bill repeals Code section 35A.9, relating to expenses 32 and compensation, but the substance of the Code section 33 is transferred to Code section 35A.2, subsection 3, and 34 is amended to require that only out-of-state travel by 35 -5- LSB 5130XD (6) 84 aw/sc 5/ 7
S.F. _____ H.F. _____ commissioners be approved by the chairperson of the commission 1 of veterans affairs. Current law requires that the chairperson 2 approve out-of-state travel by the executive director of 3 the department, the state commandant, and employees of the 4 department of veterans affairs or the Iowa veterans home. 5 The bill repeals Code section 35.12, related to the veterans 6 counseling program, but the substance of the Code section is 7 transferred to Code section 35A.5, subsection 5. 8 In regard to the duties of the department, the bill 9 strikes language requiring that the department collect and 10 maintain information concerning veterans affairs. The bill 11 also requires that the department conduct one service school 12 each year specifically for commissioners of the county 13 commissions of veteran affairs and one service school each year 14 specifically for executive directors and administrators of the 15 county commissions of veteran affairs. The bill requires that 16 the service school for executive directors and administrators 17 provide at least 16 hours of continuing education. Current 18 law requires that the department conduct two service schools 19 for these groups annually, but does not specify that they be 20 completed separately for the different groups. The bill also 21 allows certain moneys in the county commissions of veteran 22 affairs fund to be used by the department for the training of 23 department personnel. 24 The bill strikes language requiring the executive director 25 of the department to provide for the administration of bonus 26 funds for certain merchant marines veterans who served between 27 1941 and 1946 and for certain Vietnam war veterans. The 28 bill also strikes language which created these funds and 29 language which required the department to adopt rules for their 30 administration. The bill also strikes Code section 422.7, 31 subsection 51, which exempted moneys received from the Vietnam 32 Conflict veterans bonus from individual income taxation by the 33 state. 34 The bill repeals Code section 35.8, related to the war 35 -6- LSB 5130XD (6) 84 aw/sc 6/ 7
S.F. _____ H.F. _____ orphans educational assistance fund, but the substance of the 1 Code section is transferred to new Code section 35A.19. 2 The bill repeals Code section 35.9, related to expenditures 3 by the department of veterans affairs for certain educational 4 assistance, but the substance of the Code section is 5 transferred to new Code section 35A.20. 6 The bill repeals Code section 35.10, related to eligibility 7 requirements and the payment of educational assistance, but 8 the substance of the Code section is transferred to new Code 9 section 35A.21. 10 The bill repeals Code section 35.11, related to expenses 11 chargeable to the fund, but the substance of the Code section 12 is transferred to new Code section 35A.22. 13 -7- LSB 5130XD (6) 84 aw/sc 7/ 7