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
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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
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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
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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.
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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
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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
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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
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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.
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