House Study Bill 29 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON VETERANS AFFAIRS BILL BY CHAIRPERSON ALONS) A BILL FOR An Act creating veterans bonus funds for military service 1 during certain military conflicts in Lebanon, Grenada, and 2 Panama, and for service during certain military conflicts in 3 the Persian Gulf, and providing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1465YC (2) 85 aw/nh

H.F. _____ Section 1. Section 35A.8, Code 2013, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 4. a. The executive director shall 3 provide for the administration of the bonuses authorized 4 in this subsection. The department shall adopt rules, 5 pursuant to chapter 17A, as necessary to administer this 6 subsection including but not limited to application procedures, 7 investigation, approval or disapproval, and payment of claims. 8 b. A Lebanon, Grenada, and Panama veterans bonus fund 9 is created in the state treasury. The Lebanon, Grenada, 10 and Panama veterans bonus fund shall consist of all moneys 11 appropriated to the fund to pay the bonus compensation 12 authorized in section 35A.8B. Notwithstanding section 12C.7, 13 interest or earnings on investments or time deposits of the 14 moneys in the Lebanon, Grenada, and Panama veterans bonus 15 fund shall be credited to the bonus fund. Section 8.33 does 16 not apply to moneys appropriated to the Lebanon, Grenada, and 17 Panama veterans bonus fund. 18 c. A Persian Gulf veterans bonus fund is created in the 19 state treasury. The Persian Gulf veterans bonus fund shall 20 consist of all moneys appropriated to the fund to pay the bonus 21 compensation authorized in section 35A.8C. Notwithstanding 22 section 12C.7, interest or earnings on investments or time 23 deposits of the moneys in the Persian Gulf veterans bonus fund 24 shall be credited to the bonus fund. Section 8.33 does not 25 apply to moneys appropriated to the Persian Gulf veterans bonus 26 fund. 27 Sec. 2. NEW SECTION . 35A.8B Lebanon, Grenada, and Panama 28 veterans bonus —— limited residency requirement —— penalty. 29 1. a. A person who served on active duty for not less 30 than one hundred twenty days in the armed forces of the United 31 States at any time between August 24, 1982, and July 31, 1984, 32 both dates inclusive, or between December 20, 1989, and January 33 31, 1990, both dates inclusive, and who was inducted into 34 federal active duty from the state of Iowa and was honorably 35 -1- LSB 1465YC (2) 85 aw/nh 1/ 8

H.F. _____ discharged or separated from federal active duty, or is still 1 on active duty in an honorable status, or has been retired, 2 or has been furloughed to a reserve, or has been placed on 3 inactive status is entitled to receive from moneys appropriated 4 for that purpose the sum of seventeen dollars and fifty cents 5 for each month that the person was on federal active duty 6 in a conflict service area, within the dates specified in 7 this paragraph. Compensation under this paragraph shall not 8 exceed a total sum of five hundred dollars. Compensation for a 9 fraction of a month shall not be considered unless the fraction 10 is sixteen days or more, in which case the fraction shall be 11 computed as a full month. 12 b. A person otherwise qualified under paragraph “a” , except 13 that the person was not present in a conflict service area 14 during the period between August 24, 1982, and July 31, 1984, 15 both dates inclusive, or between December 20, 1989, and January 16 31, 1990, both dates inclusive, is entitled to receive from 17 moneys appropriated for that purpose the sum of twelve dollars 18 and fifty cents for each month that the person was on federal 19 active duty, within the dates specified in paragraph “a” . 20 Compensation under this paragraph shall not exceed a total sum 21 of three hundred dollars. Compensation for a fraction of a 22 month shall not be considered unless the fraction is sixteen 23 days or more, in which case the fraction shall be computed as 24 a full month. 25 c. The department shall adopt rules pursuant to chapter 17A 26 providing for the definition of a conflict service area. 27 2. A person otherwise eligible to receive compensation 28 pursuant to subsection 1 shall be entitled to compensation 29 pursuant to this section if all of the following requirements 30 are met: 31 a. The person has not received a bonus or compensation 32 similar to that provided in this section from this state or 33 another state. 34 b. The person was on active duty service after August 35 -2- LSB 1465YC (2) 85 aw/nh 2/ 8

H.F. _____ 24, 1982, and the person did not refuse on conscientious, 1 political, religious, or other grounds, to be subject to 2 military discipline. 3 c. The person files an application for compensation under 4 this section in a manner determined by the department of 5 veterans affairs by July 1, 2015. 6 3. The surviving unremarried widow or widower, child or 7 children, mother, father, or person standing in loco parentis, 8 in the order named and none other, of any deceased person shall 9 be paid the compensation that the deceased person would be 10 entitled to pursuant to this section, if living. However, 11 if any person has died or shall die, or is disabled, from 12 service-connected causes incurred during the period and in the 13 area from which the person is entitled to receive compensation 14 pursuant to this section, the person or the first survivor as 15 designated by this subsection, and in the order named, shall be 16 paid five hundred dollars or three hundred dollars, whichever 17 maximum amount would have applied pursuant to subsection 1, 18 paragraph “a” or “b” , regardless of the length of service. 19 4. A person who knowingly makes a false statement relating 20 to a material fact in supporting an application under this 21 section is guilty of a serious misdemeanor. A person convicted 22 pursuant to this section shall forfeit all benefits to which 23 the person may have been entitled under this section. 24 5. All payments and allowances made under this section shall 25 be exempt from taxation, levy, and sale on execution. 26 6. The bonus compensation authorized under this section 27 shall be paid from moneys in the Lebanon, Grenada, and Panama 28 veterans bonus fund. 29 7. The executive director of the department of veterans 30 affairs shall provide for the administration of the bonus 31 authorized in this section. The department shall adopt rules, 32 pursuant to chapter 17A, as necessary to administer this 33 section including but not limited to application procedures, 34 investigation, approval or disapproval, and payment of claims. 35 -3- LSB 1465YC (2) 85 aw/nh 3/ 8

H.F. _____ The department may expend up to one percent of the moneys 1 appropriated for the bonus compensation authorized under 2 this section for administrative costs associated with the 3 requirements of this section. 4 8. This section is repealed June 30, 2016. 5 Sec. 3. NEW SECTION . 35A.8C Persian Gulf veterans bonus —— 6 limited residency requirement —— penalty. 7 1. a. A person who served on active duty for not less 8 than one hundred twenty days in the armed forces of the United 9 States at any time between January 31, 1990, and February 10 28, 1991, both dates inclusive, and who was inducted into 11 federal active duty from the state of Iowa and was honorably 12 discharged or separated from federal active duty, or is still 13 on active duty in an honorable status, or has been retired, 14 or has been furloughed to a reserve, or has been placed on 15 inactive status is entitled to receive from moneys appropriated 16 for that purpose the sum of seventeen dollars and fifty cents 17 for each month that the person was on federal active duty 18 in the conflict service area, within the dates specified in 19 this paragraph. Compensation under this paragraph shall not 20 exceed a total sum of five hundred dollars. Compensation for a 21 fraction of a month shall not be considered unless the fraction 22 is sixteen days or more, in which case the fraction shall be 23 computed as a full month. 24 b. A person otherwise qualified under paragraph “a” , except 25 that the person was not present in a conflict service area 26 during the period between January 31, 1990, and February 28, 27 1991, both dates inclusive, is entitled to receive from moneys 28 appropriated for that purpose the sum of twelve dollars and 29 fifty cents for each month that the person was on federal 30 active duty, within the dates specified in paragraph “a” . 31 Compensation under this paragraph shall not exceed a total sum 32 of three hundred dollars. Compensation for a fraction of a 33 month shall not be considered unless the fraction is sixteen 34 days or more, in which case the fraction shall be computed as 35 -4- LSB 1465YC (2) 85 aw/nh 4/ 8

H.F. _____ a full month. 1 c. The department shall adopt rules pursuant to chapter 17A 2 providing for the definition of a conflict service area. 3 2. A person otherwise eligible to receive compensation 4 pursuant to subsection 1 shall be entitled to compensation 5 pursuant to this section if all of the following requirements 6 are met: 7 a. The person has not received a bonus or compensation 8 similar to that provided in this section from this state or 9 another state. 10 b. The person was on federal active duty after January 11 31, 1990, and the person did not refuse on conscientious, 12 political, religious, or other grounds, to be subject to 13 military discipline. 14 c. The person files an application for compensation under 15 this section in a manner determined by the department of 16 veterans affairs by July 1, 2015. 17 3. The surviving unremarried widow or widower, child or 18 children, mother, father, or person standing in loco parentis, 19 in the order named and none other, of any deceased person shall 20 be paid the compensation that the deceased person would be 21 entitled to pursuant to this section, if living. However, 22 if any person has died or shall die, or is disabled, from 23 service-connected causes incurred during the period and in the 24 area from which the person is entitled to receive compensation 25 pursuant to this section, the person or the first survivor as 26 designated by this subsection, and in the order named, shall be 27 paid five hundred dollars or three hundred dollars, whichever 28 maximum amount would have applied pursuant to subsection 1, 29 paragraph “a” or “b” , regardless of the length of service. 30 4. A person who knowingly makes a false statement relating 31 to a material fact in supporting an application under this 32 section is guilty of a serious misdemeanor. A person convicted 33 pursuant to this section shall forfeit all benefits to which 34 the person may have been entitled under this section. 35 -5- LSB 1465YC (2) 85 aw/nh 5/ 8

H.F. _____ 5. All payments and allowances made under this section shall 1 be exempt from taxation, levy, and sale on execution. 2 6. The bonus compensation authorized under this section 3 shall be paid from moneys in the Persian Gulf veterans bonus 4 fund. 5 7. The executive director of the department of veterans 6 affairs shall provide for the administration of the bonus 7 authorized in this section. The department shall adopt rules, 8 pursuant to chapter 17A, as necessary to administer this 9 section including but not limited to application procedures, 10 investigation, approval or disapproval, and payment of claims. 11 The department may expend up to one percent of the moneys 12 appropriated for the bonus compensation authorized under 13 this section for administrative costs associated with the 14 requirements of this section. 15 8. This section is repealed June 30, 2016. 16 Sec. 4. Section 422.7, Code 2013, is amended by adding the 17 following new subsections: 18 NEW SUBSECTION . 57. Subtract, to the extent included, 19 the amount of any Lebanon, Grenada, and Panama veterans bonus 20 provided pursuant to section 35A.8, subsection 4, and section 21 35A.8B. 22 NEW SUBSECTION . 58. Subtract, to the extent included, the 23 amount of any Persian Gulf veterans bonus provided pursuant to 24 section 35A.8, subsection 4, and section 35A.8C. 25 EXPLANATION 26 This bill provides for the creation of veterans bonus funds 27 within the state treasury for the provision of bonuses to 28 veterans of the United States military who served during the 29 period of certain conflicts. 30 The bonus funds would be available to certain members of the 31 United States armed forces who served in active duty during 32 the military conflicts in Lebanon, Grenada, Panama, and the 33 Persian Gulf. The bill creates one bonus fund for service 34 during the conflicts in Lebanon, Grenada, and Panama, and 35 -6- LSB 1465YC (2) 85 aw/nh 6/ 8

H.F. _____ creates a separate bonus fund for service during the conflict 1 in the Persian Gulf. The bill provides certain dates for the 2 periods of these conflicts. The bill provides that veterans 3 who served in conflict service areas during these periods will 4 receive a larger bonus for their service than veterans who did 5 not serve in a conflict service area. The bill provides for 6 the computation of such payments based upon months of service 7 either in or outside of a conflict service area. A person who 8 served in a conflict service area will not receive more than a 9 $500 bonus and a person who did not serve in a conflict service 10 area will not receive more than a $300 bonus from the funds. 11 The bill requires that a veteran must meet additional 12 requirements to qualify for a bonus. The person must not have 13 received a similar bonus from this state or any other state. 14 The person must not have refused to be subject to military 15 discipline on certain grounds. The bill also requires that the 16 person file an application by January 1, 2015, for the bonuses 17 from these funds in order to qualify. 18 Certain other persons including a surviving unremarried 19 widow or widower, child or children, mother, father, or person 20 standing in loco parentis of any deceased person shall be paid 21 the compensation that the deceased person would have been 22 entitled to. Payments for such compensation may be made to the 23 first survivor in the order named and none other. The bill 24 provides that upon certain service-related death or disability 25 that the veteran or first survivor will be paid the highest 26 possible contribution permitted to that individual allowed by 27 the funds. 28 The bill provides that knowingly making a false statement of 29 material fact supporting an application to receive these funds 30 is a serious misdemeanor. A serious misdemeanor is punishable 31 by confinement for no more than one year and a fine of at least 32 $315 but not more than $1,875. The bill also provides that a 33 conviction on such a charge would result in forfeiture of any 34 rights to collect from the funds. 35 -7- LSB 1465YC (2) 85 aw/nh 7/ 8