House
File
2501
-
Introduced
HOUSE
FILE
2501
BY
COMMITTEE
ON
VETERANS
AFFAIRS
(SUCCESSOR
TO
HSB
47)
A
BILL
FOR
An
Act
relating
to
the
investment
and
use
of
funds
in
the
1
veterans
trust
fund.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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H.F.
2501
Section
1.
Section
12B.10,
subsection
6,
Code
2022,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
n.
Investments
by
the
veterans
trust
fund
3
established
in
section
35A.13.
4
Sec.
2.
Section
12B.10C,
subsection
4,
Code
2022,
is
amended
5
by
adding
the
following
new
paragraph:
6
NEW
PARAGRAPH
.
k.
The
veterans
trust
fund
established
in
7
section
35A.13.
8
Sec.
3.
Section
35A.13,
subsection
3,
Code
2022,
is
amended
9
to
read
as
follows:
10
3.
Moneys
credited
to
the
trust
fund
shall
not
be
11
transferred,
used,
obligated,
appropriated,
or
otherwise
12
encumbered,
except
as
provided
in
this
section
.
Moneys
in
the
13
trust
fund
may
be
used
for
cash
flow
purposes
during
a
fiscal
14
year
provided
that
any
moneys
so
allocated
are
returned
to
the
15
trust
fund
by
the
end
of
that
fiscal
year.
Moneys
in
the
trust
16
fund
may
also
be
used
for
cemetery
grant
development
purposes
17
provided
that
any
moneys
so
allocated,
except
for
moneys
used
18
for
department
of
administrative
services
expenditures
related
19
to
the
grant,
are
returned
to
the
trust
fund
upon
receipt
of
20
federal
funds
received
for
such
purposes.
21
Sec.
4.
Section
35A.13,
Code
2022,
is
amended
by
adding
the
22
following
new
subsection:
23
NEW
SUBSECTION
.
3A.
a.
Notwithstanding
subsection
4,
24
moneys
in
the
fund,
except
so
much
of
the
fund
as
may
be
25
necessary
to
be
kept
on
hand
for
the
making
of
disbursements
26
under
this
section,
shall
be
invested
by
the
treasurer
of
27
state,
in
consultation
with
the
commission
and
the
public
28
retirement
systems
committee
established
by
section
97D.4,
29
in
any
investments
authorized
for
the
Iowa
public
employees’
30
retirement
system
in
section
97B.7A,
including
common
stock,
31
and
subject
to
the
requirements
of
chapters
12F,
12H,
and
12J,
32
and
the
earnings
therefrom
shall
be
credited
to
the
fund.
The
33
treasurer
of
state
may
execute
contracts
and
agreements
with
34
investment
advisors,
consultants,
and
investment
management
and
35
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2501
benefit
consultant
firms
in
the
administration
of
investments
1
of
moneys
in
the
fund.
2
b.
Investment
management
expenses
shall
be
charged
to
the
3
investment
income
of
the
fund
and
there
is
appropriated
to
the
4
treasurer
of
state
from
the
investment
income
of
the
fund
an
5
amount
required
for
the
investment
management
expenses.
6
c.
For
purposes
of
this
subsection,
investment
management
7
expenses
are
limited
to
the
following:
8
(1)
Fees
for
investment
advisors,
consultants,
and
9
investment
management
and
benefit
consultant
firms
hired
by
10
the
treasurer
of
state
in
administering
the
investments
of
the
11
fund.
12
(2)
Fees
and
costs
for
safekeeping
fund
assets.
13
(3)
Costs
for
performance
and
compliance
monitoring,
and
14
accounting
for
fund
investments.
15
(4)
Any
other
costs
necessary
to
prudently
invest
or
protect
16
the
assets
of
the
fund.
17
d.
The
commission,
the
public
retirement
systems
committee
18
established
by
section
97D.4,
and
the
treasurer
of
state,
19
and
their
employees,
are
not
personally
liable
for
claims
20
based
upon
an
act
or
omission
of
the
person
performed
in
the
21
discharge
of
the
person’s
duties
concerning
the
veterans
trust
22
fund,
except
for
acts
or
omissions
which
involve
malicious
or
23
wanton
misconduct.
24
Sec.
5.
Section
35A.13,
subsection
4,
Code
2022,
is
amended
25
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
26
following:
27
4.
a.
For
each
fiscal
year
that
the
balance
of
the
trust
28
fund
on
July
1
is
below
fifty
million
dollars,
the
interest
29
and
earnings
on
moneys
in
the
fund
and
the
first
five
hundred
30
thousand
dollars
transferred
pursuant
to
section
99G.39
from
31
the
lottery
fund
are
appropriated
to
the
commission
to
be
used
32
to
achieve
the
purposes
of
subsection
6.
Moneys
appropriated
33
to
the
commission
under
this
paragraph
that
remain
unencumbered
34
or
unobligated
at
the
end
of
the
fiscal
year
shall
revert
to
35
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the
fund.
1
b.
For
each
fiscal
year
that
the
balance
of
the
trust
fund
2
on
July
1
is
above
fifty
million
dollars
but
the
balance
of
the
3
fund
was
below
fifty
million
dollars
on
July
1
of
the
previous
4
fiscal
year,
moneys
transferred
pursuant
to
section
99G.39
from
5
the
lottery
fund
are
appropriated
to
the
commission
to
be
used
6
to
achieve
the
purposes
of
subsection
6.
Moneys
appropriated
7
to
the
commission
under
this
paragraph
that
remain
unencumbered
8
or
unobligated
at
the
end
of
the
fiscal
year
shall
revert
to
9
the
fund.
10
c.
For
each
fiscal
year
that
the
balance
of
the
trust
fund
11
on
July
1
is
above
fifty
million
dollars
and
the
balance
of
12
the
fund
was
above
fifty
million
dollars
on
July
1
of
the
13
previous
fiscal
year,
moneys
equal
to
the
net
income
the
fund
14
received
in
the
previous
fiscal
year
are
appropriated
to
the
15
commission
to
be
used
to
achieve
the
purposes
of
subsection
16
6.
Moneys
appropriated
to
the
commission
under
this
paragraph
17
that
remain
unencumbered
or
unobligated
at
the
end
of
the
18
fiscal
year
shall
revert
to
the
fund.
For
the
purposes
of
this
19
paragraph,
“income”
means
moneys
credited
to
the
veterans
trust
20
fund
pursuant
to
subsection
2
and
moneys
transferred
pursuant
21
to
section
99G.39.
22
d.
Notwithstanding
paragraphs
“a”
,
“b”
,
and
“c”
,
moneys
23
credited
to
the
war
orphans
educational
assistance
account
24
shall
be
expended
as
provided
in
subsection
7.
25
Sec.
6.
Section
97D.4,
subsection
3,
Code
2022,
is
amended
26
by
adding
the
following
new
paragraph:
27
NEW
PARAGRAPH
.
0g.
Consult
with
the
treasurer
of
state
and
28
the
commission
of
veterans
affairs
in
accordance
with
section
29
35A.13,
subsection
3A.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
relates
to
the
investment
and
use
of
funds
in
the
34
veterans
trust
fund.
35
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2501
The
bill
exempts
the
veterans
trust
fund
(trust
fund)
from
1
rules
adopted
by
the
treasurer
of
state
to
limit
certain
2
investments
of
public
funds.
3
The
bill
removes
the
ability
to
use
moneys
from
the
trust
4
fund
for
cash
flow
purposes.
5
The
bill
allows
the
treasurer
of
state,
in
consultation
6
with
the
commission
of
veterans
affairs
(commission)
and
the
7
public
retirement
systems
committee,
to
invest
moneys
in
the
8
trust
fund
not
necessary
for
disbursements
to
benefit
veterans
9
in
any
investments
authorized
for
the
Iowa
public
employees’
10
retirement
system.
Any
earnings
shall
be
credited
to
the
11
trust
fund,
and
the
treasurer
of
state
may
make
contracts
12
and
agreements
with
investment
advisors,
consultants,
and
13
investment
management
and
benefit
consultant
firms
for
the
14
administration
of
investments.
15
The
bill
provides
that
certain
investment
management
16
expenses
shall
be
charged
to
the
investment
income
of
the
trust
17
fund.
18
The
bill
exempts
the
commission,
the
public
retirement
19
systems
committee,
the
treasurer
of
state,
and
their
employees
20
from
liability
based
upon
an
act
or
omission
of
the
entity
or
21
person’s
duties
regarding
the
investment
of
the
trust
fund,
22
except
for
acts
or
omissions
which
involve
malicious
or
wanton
23
misconduct.
24
The
bill
provides
that
for
each
fiscal
year
that
the
balance
25
of
the
trust
fund
on
July
1
is
below
$50
million,
the
interest
26
and
earnings
on
moneys
in
the
fund
and
the
first
$500,000
of
27
the
$2.5
million
transferred
annually
to
the
trust
fund
from
28
the
lottery
fund
will
be
appropriated
to
the
commission
for
29
certain
enumerated
benefits
to
veterans.
30
The
bill
provides
that
for
each
fiscal
year
that
the
balance
31
of
the
trust
fund
on
July
1
is
above
$50
million,
but
the
32
balance
of
the
fund
was
below
$50
million
on
July
1
of
the
33
previous
fiscal
year,
the
moneys
transferred
to
the
trust
fund
34
from
the
lottery
fund
will
be
appropriated
to
the
commission
35
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for
certain
enumerated
benefits
to
veterans.
1
The
bill
provides
that
for
each
fiscal
year
that
the
balance
2
of
the
trust
fund
on
July
1
is
above
$50
million,
and
the
3
balance
of
the
fund
was
above
$50
million
on
July
1
of
the
4
previous
fiscal
year,
moneys
equal
to
the
trust
fund’s
net
5
income
for
the
previous
fiscal
year
will
be
appropriated
to
the
6
commission
for
certain
enumerated
benefits
to
veterans.
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