House File 2084 - Introduced HOUSE FILE 2084 BY COMMITTEE ON VETERANS AFFAIRS (SUCCESSOR TO HF 596) (SUCCESSOR TO HSB 102) A BILL FOR An Act relating to county commissions of veteran affairs. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1669HZ (2) 85 aw/sc
H.F. 2084 Section 1. Section 35B.4, Code 2014, is amended to read as 1 follows: 2 35B.4 Appointment —— vacancies. 3 1. Members of the commission of veteran affairs shall 4 be appointed by the board of supervisors , as recommended by 5 the current commission members and the executive director 6 or administrator, to staggered three-year terms at the 7 regular meeting in June. However, a member shall serve until 8 a successor has been appointed and qualifies. The board 9 may remove an appointee at any time for neglect of duty or 10 maladministration. A vacancy on the commission shall be filled 11 for the unexpired portion of the regular term in the same 12 manner as regular appointments are made. 13 2. If the board of supervisors increases the commission 14 of veteran affairs membership to five members, the initial 15 terms of the two new members shall be two and three years 16 respectively. However, the new members shall serve until their 17 successors are appointed and qualify. 18 Sec. 2. Section 35B.6, subsection 1, paragraphs a and c, 19 Code 2014, are amended to read as follows: 20 a. The members of the commission shall qualify by 21 taking the usual oath of office , and give bond in the sum 22 of five hundred dollars each, conditioned for the faithful 23 discharge of their duties with sureties to be approved by 24 the county auditor . The commission shall organize by the 25 selection of one of their members as chairperson and one as 26 secretary. The commission, subject to the approval of the 27 board of supervisors, shall employ an executive director or 28 administrator and who shall have the power to employ other 29 necessary employees when needed to carry out the provisions of 30 this chapter , including administrative or clerical assistants, 31 but no member of the commission shall be so employed. The 32 compensation of such employees shall be fixed by the board of 33 supervisors. The state department of veterans affairs shall 34 recognize the executive director or administrator as a county 35 -1- LSB 1669HZ (2) 85 aw/sc 1/ 9
H.F. 2084 veterans service officer of a veterans’ service organization 1 recognized pursuant to 38 C.F.R. § 14.628(c) for the purposes 2 of assisting veterans and their dependents in obtaining federal 3 and state benefits. The commission shall recommend the annual 4 compensation of the executive director or administrator to the 5 board of supervisors. The board of supervisors shall consider 6 the recommendation and shall determine and approve the annual 7 compensation of the executive director or administrator. The 8 executive director must possess the same qualifications as 9 provided in section 35B.3 for commission members. However, 10 this qualification requirement shall not apply to a person 11 employed as an executive director prior to July 1, 1989. 12 c. Upon the employment of an executive director or 13 administrator, the executive director or administrator shall 14 complete a course of certification training provided by the 15 department of veterans affairs pursuant to section 35A.5 . 16 If an executive director or administrator fails to obtain 17 certification within one year of being employed, the executive 18 director or administrator shall be removed from office. A 19 commissioner or other commission employee may also complete 20 the course of certification training. The department shall 21 issue the executive director , or administrator , commissioner, 22 or employee a certificate of training after completion of the 23 certification training course. To maintain certification, the 24 executive director , or administrator , commissioner, or employee 25 shall satisfy the continuing education requirements established 26 by the national association of county veteran veterans service 27 officers. Failure of an executive director or administrator 28 to maintain certification shall be cause for removal from 29 office. The expenses of training the executive director or 30 administrator shall be paid from the appropriation authorized 31 in section 35B.14 . 32 Sec. 3. Section 35B.6, subsection 1, paragraph d, Code 2014, 33 is amended by adding the following new subparagraph: 34 NEW SUBPARAGRAPH . (3) Complete and submit all forms 35 -2- LSB 1669HZ (2) 85 aw/sc 2/ 9
H.F. 2084 required for federal, state, and county benefits. 1 Sec. 4. Section 35B.6, subsection 2, Code 2014, is amended 2 to read as follows: 3 2. a. Two or more boards of supervisors may agree, 4 pursuant to chapter 28E , to share the services of an executive 5 director or administrator. The agreement shall provide for the 6 establishment of a commission of veteran affairs office in each 7 of the counties participating in the agreement. 8 b. Neither a county board of supervisors nor a county 9 commission of veterans affairs shall place the administration 10 of the duties of the county commission of veteran affairs 11 under any other agency of any county, or publish the names of 12 the veterans or their families who receive benefits under the 13 provisions of this chapter. 14 Sec. 5. Section 35B.6, subsection 3, Code 2014, is amended 15 by striking the subsection. 16 Sec. 6. Section 35B.6, subsection 4, paragraph a, Code 2014, 17 is amended to read as follows: 18 a. Each county commission of veteran affairs shall maintain 19 an office in a public building owned, operated, or leased by 20 the county. 21 Sec. 7. Section 35B.7, Code 2014, is amended to read as 22 follows: 23 35B.7 Meetings —— report —— budget. 24 The commission shall meet monthly and at other times as 25 necessary. At the monthly meeting it shall determine who are 26 entitled to county benefits and the probable amount required to 27 be expended. The commission shall meet annually to prepare an 28 estimated budget for all expenditures to be made in the next 29 fiscal year and certify the budget to the board of supervisors. 30 The board may approve or reduce the budget for valid reasons 31 shown and entered of record and the board’s decision is final. 32 Sec. 8. Section 35B.10, Code 2014, is amended to read as 33 follows: 34 35B.10 Disbursements —— inspection of records. 35 -3- LSB 1669HZ (2) 85 aw/sc 3/ 9
H.F. 2084 1. All claims certified by the commission shall be 1 reviewed approved by the board of supervisors and the county 2 auditor shall issue warrants in payment of the claims. All 3 applications, investigation reports, and case records are 4 privileged communications and shall be held confidential, 5 subject to use and inspection only by persons authorized by law 6 in connection with their official duties relating to financial 7 audits and the administration of this chapter or as authorized 8 by order of a district court . A person may sign a release 9 to authorize the examination of that person’s applications, 10 reports, or records. 11 2. However, the The county commission of veteran affairs 12 shall prepare and file in the office of the county auditor on 13 or before the thirtieth day of each January, April, July, and 14 October a report showing the case numbers of all recipients 15 receiving assistance under this chapter , together with the 16 amount paid to each during the preceding quarter. Each report 17 so filed shall be securely fixed in maintained as a permanent 18 record book to be used only for such reports made under this 19 chapter . 20 The record book shall be and the same is hereby declared 21 to be a public record, open to public inspection at all times 22 during the regular office hours of the county auditor. Each 23 person who desires to examine said records, other than in 24 pursuance of official duties as hereinbefore provided, shall 25 sign a written request to examine the same, which shall contain 26 an agreement on the part of the signer that the signer will 27 not utilize any information gained therefrom for commercial or 28 political purposes. 29 3. It shall be unlawful for any person, body, association, 30 firm, corporation or any other agency to solicit, disclose, 31 receive, make use of or to authorize, knowingly permit, 32 participate in or acquiesce in the use of any lists, names or 33 other information obtained from the reports above provided for, 34 for commercial or political purposes, and a violation of this 35 -4- LSB 1669HZ (2) 85 aw/sc 4/ 9
H.F. 2084 provision shall constitute a serious misdemeanor. 1 Sec. 9. Section 35B.14, Code 2014, is amended by adding the 2 following new subsections: 3 NEW SUBSECTION . 3. The commission is responsible for 4 the interment in a suitable cemetery of the body of any 5 veteran, as defined in section 35.1, or the spouse, surviving 6 spouse, or child of the person, if the person has died without 7 leaving sufficient means to defray the funeral expenses. The 8 commission may pay the expenses in a sum not exceeding an 9 amount established by the board of supervisors. 10 NEW SUBSECTION . 4. Burial expenses shall be paid by the 11 county in which the person died. If the person is a resident 12 of a different county at the time of death, the county of 13 residence shall reimburse the county where the person died for 14 the cost of burial. In either case, the board of supervisors 15 of the respective counties shall audit and pay the account from 16 the funds provided for in this chapter in the manner as other 17 claims are audited and paid. 18 Sec. 10. Section 35B.16, Code 2014, is amended to read as 19 follows: 20 35B.16 Markers for graves. 21 The county commission of veteran affairs may furnish a 22 suitable and appropriate metal marker for the grave of each 23 veteran, as defined in section 35.1 , who is buried within 24 the limits of the county. The marker shall be placed at the 25 individual’s grave to permanently mark and designate the grave 26 for memorial purposes. The expenses shall be paid from any 27 funds raised as provided in this chapter . 28 Sec. 11. Section 35B.17, Code 2014, is amended to read as 29 follows: 30 35B.17 Maintenance of graves. 31 1. The county boards of supervisors shall each year 32 appropriate and pay to the owners of, or to the public board or 33 officers having control of cemeteries within the state in which 34 any such deceased service person is buried, a sum sufficient 35 -5- LSB 1669HZ (2) 85 aw/sc 5/ 9
H.F. 2084 to pay for the care and maintenance of the lots on which they 1 are buried in all cases in which provision for such care is 2 not otherwise made, or may conclude their responsibility by 3 paying a mutually agreed to fee for perpetual care when the 4 cemetery authority has established a perpetual care fund for 5 the cemetery, to be paid either as a lump sum, or in not to 6 exceed five installments in a manner agreed to by the parties. 7 2. Payment under subsection 1 shall be made at the rate 8 charged for like care and maintenance of other lots of 9 similar size in the same cemetery, upon the affidavit of the 10 superintendent or other person in charge of such cemetery, that 11 the same has not been otherwise paid or provided for. 12 Sec. 12. Section 35B.19, Code 2014, is amended to read as 13 follows: 14 35B.19 Burial records. 15 The county commission of veteran affairs executive director 16 or administrator shall be charged with securing the information 17 requested by the department of veterans affairs of every 18 person having a military service record and buried in that the 19 county. Such information shall be secured from the undertaker 20 funeral director in charge of the burial or cremation and 21 shall be transmitted by the undertaker funeral director to 22 the commission of county veteran affairs office of the county 23 where burial or disposition of cremated remains is made. This 24 information shall be recorded alphabetically and by description 25 of location in the cemetery where the veteran is buried 26 or the place of disposition of the cremated remains of the 27 veteran . This recording shall conform to the directives of the 28 department of veterans affairs and shall be kept in maintained 29 as a book permanent record by the county commission executive 30 director or administrator . 31 Sec. 13. Section 64.11, Code 2014, is amended to read as 32 follows: 33 64.11 Expense of bonds paid by county. 34 If a county treasurer, county attorney, recorder, auditor, 35 -6- LSB 1669HZ (2) 85 aw/sc 6/ 9
H.F. 2084 sheriff, medical examiner, member of the veterans affairs 1 commission, member of the board of supervisors, engineer, 2 steward, or matron elects to furnish a bond with an association 3 or incorporation as surety as provided in this chapter , the 4 reasonable cost of the bond shall be paid by the county where 5 the bond is filed. 6 Sec. 14. Section 331.381, subsection 6, Code 2014, is 7 amended to read as follows: 8 6. Audit and pay the burial expense for indigent veterans, 9 as provided in section 35B.15 35B.14, subsection 4 . 10 Sec. 15. Section 331.502, subsection 13, Code 2014, is 11 amended by striking the subsection. 12 Sec. 16. Section 331.502, subsection 14, Code 2014, is 13 amended to read as follows: 14 14. Issue warrants and maintain a book containing a 15 permanent record of persons receiving veteran assistance as 16 provided in section 35B.10 . 17 Sec. 17. REPEAL. Sections 35B.8, 35B.9, 35B.12, 35B.13, 18 35B.15, and 35B.18, Code 2014, are repealed. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to the duties and responsibilities of the 23 county commissions of veteran affairs. 24 The bill requires that the members of a county commission of 25 veteran affairs be appointed by the board of supervisors upon 26 the recommendation of the current members of the commission 27 and the executive director or administrator. The bill removes 28 a requirement that members of the commission give a bond of 29 $500 and makes conforming changes to Code sections 64.11 and 30 331.502. 31 The bill requires that the state department of veterans 32 affairs shall recognize the executive director or administrator 33 as a county veterans service officer of a veterans’ service 34 organization recognized by the federal secretary of veterans 35 -7- LSB 1669HZ (2) 85 aw/sc 7/ 9
H.F. 2084 affairs for purposes of assisting veterans and their dependents 1 in obtaining federal and state benefits. 2 The bill requires that the annual compensation of an 3 executive director or administrator be recommended by the 4 county commission to the county board of supervisors which 5 shall determine and approve the compensation. Current 6 law requires that the county board of supervisors fix the 7 compensation for the executive director or administrator and 8 other necessary employees. The bill also provides that the 9 executive director or administrator shall have the power to 10 employ necessary staff. 11 The bill strikes language allowing a county commissioner 12 and certain commission employees to complete a course of 13 certification training provided by the department of veterans 14 affairs. 15 The bill requires that the duties of the executive director, 16 administrator, and employees shall include the submission of 17 all forms required for federal, state, and county benefits. 18 The bill states that the county commission of veterans affairs 19 shall not be placed under any other agency of the county. The 20 bill also removes language requiring a commission to appoint 21 a deputy county auditor as an administrative assistant to 22 the commission. The bill requires that a commission office 23 be located in a public building. The bill also specifies 24 that the commission shall only need to determine eligibility 25 of individuals for county benefits at monthly meetings of 26 the commission and repeals requirements that the commission 27 submit certain information relating to benefits to the board 28 of supervisors. 29 The bill removes certain recording, accounting system, and 30 filing requirements and makes certain conforming amendments 31 to Code section 331.502. The bill provides that certain 32 applications, reports, and records shall be subject to use or 33 inspection as authorized by order of a district court. The 34 bill permits the examination of an individual’s applications, 35 -8- LSB 1669HZ (2) 85 aw/sc 8/ 9
H.F. 2084 reports, and records only upon the individual’s authorization. 1 The bill provides that certain filings be made to a permanent 2 record and removes the requirement that such records be 3 maintained in a book. The bill repeals Code section 35.8, 4 which required the state auditor to prepare sample accounting 5 systems and case records for use by county commissions of 6 veteran affairs. 7 The bill also makes certain changes to provisions related 8 to the provision of grave markers for veterans and the filing 9 and maintenance of certain burial records and amends language 10 referring to undertakers so that such language instead refers 11 to funeral directors. 12 The bill repeals Code section 35B.12, relating to 13 confidentiality of benefit information, but the substance 14 of the Code section is transferred to Code section 35B.6, 15 subsection 2. 16 The bill repeals Code section 35B.13, relating to burial 17 expenses, but the substance of the Code section is transferred 18 to Code section 35B.14, subsection 3. 19 The bill repeals Code section 35B.15, relating to audit 20 and payment of burial expenses, but the substance of the Code 21 section is transferred to Code section 35B.14, subsection 4. 22 The bill repeals Code section 35B.18, relating to care 23 and maintenance of gravesites, but the substance of the Code 24 section is transferred to Code section 35B.17, subsection 2. 25 -9- LSB 1669HZ (2) 85 aw/sc 9/ 9