HSB 102 (LSB 1669YC (10) 85)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON VETERANS AFFAIRS BILL BY CHAIRPERSON ALONS)

A BILL FOR

An Act relating to county commissions of veteran affairs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 35B.4, Code 2013, is amended to read as follows:
   35B.4  Appointment —— vacancies.
   1.  Members of the commission of veteran affairs shall be appointed by the board of supervisors, as recommended by the current commission members and the executive director or administrator, to staggered three-year terms at the regular meeting in June. However, a member shall serve until a successor has been appointed and qualifies. The board may remove an appointee at any time for neglect of duty or maladministration. A vacancy on the commission shall be filled for the unexpired portion of the regular term in the same manner as regular appointments are made.
   2.  If the board of supervisors increases the commission of veteran affairs membership to five members, the initial terms of the two new members shall be two and three years respectively. However, the new members shall serve until their successors are appointed and qualify.
    Sec. 2.  Section 35B.6, subsection 1, paragraphs a and c, Code 2013, are amended to read as follows:
   a.  The members of the commission shall qualify by taking the usual oath of office, and give bond in the sum of five hundred dollars each, conditioned for the faithful discharge of their duties with sureties to be approved by the county auditor. The commission shall organize by the selection of one of their members as chairperson and one as secretary. The commission, subject to the approval of the board of supervisors, shall employ an executive director or administrator and shall have the power to employ other necessary employees when needed, including administrative or clerical assistants, but no member of the commission shall be so employed. The compensation of such employees shall be fixed by the board of supervisors.

The state department of veterans affairs shall recognize the executive director or administrator as a county veterans service officer of a local veterans’ service organization recognized pursuant to 38 C.F.R. § 14.628(c) for the purposes of assisting veterans and their dependents in obtaining federal benefits. The commission shall recommend the annual compensation of the executive director or administrator to the board of supervisors. The board of supervisors shall consider the recommendation and shall determine and approve the annual compensation of the executive director or administrator. The executive director must possess the same qualifications as provided in section 35B.3 for commission members. However, this qualification requirement shall not apply to a person employed as an executive director prior to July 1, 1989.
   c.  Upon the employment of an executive director or administrator, the executive director or administrator shall complete a course of certification training provided by the department of veterans affairs pursuant to section 35A.5. If an executive director or administrator fails to obtain certification within one year of being employed, the executive director or administrator shall be removed from office. A commissioner or other commission employee may also complete the course of certification training. The department shall issue the executive director,
 
or administrator, commissioner, or employee a certificate of training after completion of the certification training course. To maintain certification, the executive director,
 
or administrator, commissioner, or employee shall satisfy the continuing education requirements established by the national association of county veteran
 
veterans service officers. Failure of an executive director or administrator to maintain certification shall be cause for removal from office. The expenses of training the executive director or administrator shall be paid from the appropriation authorized in section 35B.14.
    Sec. 3.  Section 35B.6, subsection 1, paragraph d, Code 2013, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (3)  Complete and submit all forms required for federal, state, and county benefits.
    Sec. 4.  Section 35B.6, subsection 2, Code 2013, is amended to read as follows:
   2.
  a.  Two or more boards of supervisors may agree, pursuant to chapter 28E, to share the services of an executive director or administrator. The agreement shall provide for the establishment of a commission of veteran affairs office in each of the counties participating in the agreement.
   b.  It shall be unlawful for any county board of supervisors or any county commission of veteran affairs to place the administration of the duties of the county commission of veteran affairs under any other agency of any county, or to publish the names of the veterans or their families who receive benefits under the provisions of this chapter.
    Sec. 5.  Section 35B.6, subsection 3, Code 2013, is amended by striking the subsection.
    Sec. 6.  Section 35B.6, subsection 4, paragraph a, Code 2013, is amended to read as follows:
   a.  Each county commission of veteran affairs shall maintain an office in a
 
public building owned, operated, or leased by the county.
    Sec. 7.  Section 35B.7, Code 2013, is amended to read as follows:
   35B.7  Meetings —— report —— budget.
   The commission shall meet monthly and at other times as necessary. At the monthly meeting it shall determine who are entitled to
 
county benefits and the probable amount required to be expended. The commission shall meet annually to prepare an estimated budget for all expenditures to be made in the next fiscal year and certify the budget to the board of supervisors. The board may approve or reduce the budget for valid reasons shown and entered of record and the board’s decision is final.
    Sec. 8.  Section 35B.10, Code 2013, is amended to read as follows:
   35B.10  Disbursements —— inspection of records.
   1.  All claims certified by the commission shall be reviewed by the board of supervisors and the county auditor shall issue warrants in payment of the claims. All applications, investigation reports, and case records are privileged communications and shall be held confidential, subject to use and inspection only by persons authorized by law in connection with their official duties relating to financial audits and the administration of this chapter
 
or as authorized by order of a district court. 
 
A person may sign a release to authorize the examination of that person’s applications, reports, or records.
   2.  However, the
 
The county commission of veteran affairs shall prepare and file in the office of the county auditor on or before the thirtieth day of each January, April, July, and October a report showing the case numbers of all recipients receiving assistance under this chapter, together with the amount paid to each during the preceding quarter. Each report so filed shall be securely fixed in a record book to be used only for such reports made under this chapter.
   The record book shall be and the same is hereby declared to be a public record, open to public inspection at all times during the regular office hours of the county auditor. Each person who desires to examine said records, other than in pursuance of official duties as hereinbefore provided, shall sign a written request to examine the same, which shall contain an agreement on the part of the signer that the signer will not utilize any information gained therefrom for commercial or political purposes.
   3.  It shall be unlawful for any person, body, association, firm, corporation or any other agency to solicit, disclose, receive, make use of or to authorize, knowingly permit, participate in or acquiesce in the use of any lists, names or other information obtained from the reports above provided for, for commercial or political purposes, and a violation of this provision shall constitute a serious misdemeanor.
    Sec. 9.  Section 35B.14, Code 2013, is amended by adding the following new subsections:
   NEW SUBSECTION.  3.  The commission is responsible for the interment in a suitable cemetery of the body of any veteran, as defined in section 35.1, or the spouse, surviving spouse, or child of the person, if the person has died without leaving sufficient means to defray the funeral expenses. The commission may pay the expenses in a sum not exceeding an amount established by the board of supervisors.
   NEW SUBSECTION.  4.  Burial expenses shall be paid by the county in which the person died. If the person is a resident of a different county at the time of death, the county of residence shall reimburse the county where the person died for the cost of burial. In either case, the board of supervisors of the respective counties shall audit and pay the account from the funds provided for in this chapter in the manner as other claims are audited and paid.
    Sec. 10.  Section 35B.16, Code 2013, is amended to read as follows:
   35B.16  Markers for graves.
   The county commission of veteran affairs may furnish a suitable and appropriate metal marker for the grave of each veteran, as defined in section 35.1, who is buried within the limits of the county. The marker shall be placed at the individual’s grave to permanently mark and designate the grave for memorial purposes. The expenses shall be paid from any funds raised as provided in this chapter.
    Sec. 11.  Section 35B.17, Code 2013, is amended to read as follows:
   35B.17  Maintenance of graves.
   1.  The county boards of supervisors shall each year appropriate and pay to the owners of, or to the public board or officers having control of cemeteries within the state in which any such deceased service person is buried, a sum sufficient to pay for the care and maintenance of the lots on which they are buried in all cases in which provision for such care is not otherwise made, or may conclude their responsibility by paying a mutually agreed to fee for perpetual care when the cemetery authority has established a perpetual care fund for the cemetery, to be paid either as a lump sum, or in not to exceed five installments in a manner agreed to by the parties.
   2.  Payment under subsection 1 shall be made at the rate charged for like care and maintenance of other lots of similar size in the same cemetery, upon the affidavit of the superintendent or other person in charge of such cemetery, that the same has not been otherwise paid or provided for.
    Sec. 12.  Section 35B.19, Code 2013, is amended to read as follows:
   35B.19  Burial records.
   The county commission of veteran affairs
 
executive director or administrator shall be charged with securing the information requested by the department of veterans affairs of every person having a military service record and buried in that
 
the county. Such information shall be secured from the undertaker in charge of the burial
 
or cremation and shall be transmitted by the undertaker to the commission of
 
county veteran affairs
 
office of the county where burial
 
or disposition of cremated remains is made. This information shall be recorded alphabetically and by description of location in the cemetery where the veteran is buried
 
or the place of disposition of the cremated remains of the veteran. This recording shall conform to the directives of the department of veterans affairs and shall be kept in a book by the county commission
 
executive director or administrator.
    Sec. 13.  Section 64.11, Code 2013, is amended to read as follows:
   64.11  Expense of bonds paid by county.
   If a county treasurer, county attorney, recorder, auditor, sheriff, medical examiner, member of the veterans affairs commission, member of the board of supervisors, engineer, steward, or matron elects to furnish a bond with an association or incorporation as surety as provided in this chapter, the reasonable cost of the bond shall be paid by the county where the bond is filed.
    Sec. 14.  Section 331.381, subsection 6, Code 2013, is amended to read as follows:
   6.  Audit and pay the burial expense for indigent veterans, as provided in section 35B.15
 
35B.14, subsection 4.
    Sec. 15.  Section 331.502, subsection 13, Code 2013, is amended by striking the subsection.
    Sec. 16.  Section 331.502, subsection 14, Code 2013, is amended to read as follows:
   14.  Issue warrants and maintain
 
Maintain a book containing a record of persons receiving veteran assistance as provided in section 35B.10.
    Sec. 17.  REPEAL.  Sections 35B.8, 35B.9, 35B.12, 35B.13, 35B.15, and 35B.18, Code 2013, are repealed.
EXPLANATION
   This bill relates to the duties and responsibilities of the county commissions of veteran affairs.
   The bill requires that the members of a county commission of veteran affairs be appointed by the board of supervisors upon the recommendation of the current members of the commission and the executive director or administrator. The bill removes a requirement that members of the commission give a bond of $500 and makes conforming changes to Code sections 64.11 and 331.502. 
   The bill requires that the state department of veterans affairs shall recognize the executive director or administrator as a county veterans service officer of a local veterans’ service organization recognized by the federal secretary of veterans affairs for purposes of assisting veterans and their dependents in obtaining federal benefits. The bill requires that the annual compensation of an executive director or administrator be recommended by the county commission to the county board of supervisors which shall determine and approve the compensation. Current law requires that the county board of supervisors fix the compensation for the executive director or administrator and other necessary employees.
   The bill strikes language allowing a county commissioner and certain commission employees to complete a course of certification training provided by the department of veterans affairs. 
   The bill requires that the duties of the executive director, administrator, and employees shall include the submission of all forms required for federal, state, and county benefits. The bill also removes language requiring a commission to appoint a deputy county auditor as an administrative assistant to the commission. The bill requires that a commission office be located in a public building. The bill also specifies that the commission shall only need to determine eligibility of individuals for county benefits at monthly meetings of the commission and removes requirements that the commission submit certain information to the board of supervisors.
   The bill removes certain disbursement, recording, accounting system, and filing requirements and makes certain conforming amendments to Code section 331.502. The bill provides that certain applications, reports, and records shall be subject to use or inspection as authorized by order of a district court. The bill permits the examination of an individual’s applications, reports, and records only upon the individual’s authorization.
   The bill also makes certain changes to provisions related to the provision of grave markers for veterans and the filing and maintenance of certain burial records.
   The bill repeals Code section 35B.12, relating to confidentiality of benefit information, but the substance of the Code section is transferred to Code section 35B.6, subsection 2.
   The bill repeals Code section 35B.13, relating to burial expenses, but the substance of the Code section is transferred to Code section 35B.14, subsection 3. 
   The bill repeals Code section 35B.15, relating to audit and payment of burial expenses, but the substance of the Code section is transferred to Code section 35B.14, subsection 4.
   The bill repeals Code section 35B.18, relating to care and maintenance of gravesites, but the substance of the Code section is transferred to Code section 35B.17, subsection 2.