Senate File 236 - Introduced SENATE FILE 236 BY SALMON A BILL FOR An Act relating to matters under the purview of the department 1 of veterans affairs, including county commissions of veteran 2 affairs and cemetery expenditures. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1779XS (3) 90 dg/rn
S.F. 236 Section 1. Section 35.1, subsection 2, Code 2023, is amended 1 by striking the subsection and inserting in lieu thereof the 2 following: 3 2. “Veteran” means a resident of this state who is any of 4 the following: 5 a. A veteran as defined in 38 C.F.R. §3.1, as amended. 6 b. A former member of the reserve forces of the United 7 States who served at least twenty years in the reserve forces 8 and who was discharged under honorable conditions. However, 9 a member of the reserve forces of the United States who 10 completed a minimum aggregate of ninety days of federal active 11 duty, other than training, and was discharged under honorable 12 conditions, or was retired under Tit. 10 of the United States 13 Code shall be included as a veteran. 14 c. A former member of the Iowa national guard who served 15 at least twenty years in the Iowa national guard and who was 16 discharged under honorable conditions. However, a member of 17 the Iowa national guard who was activated for federal duty, 18 other than training, for a minimum aggregate of ninety days, 19 and was discharged under honorable conditions or was retired 20 under Tit. 10 of the United States Code shall be included as a 21 veteran. 22 d. A member of the reserve forces of the United States who 23 has served at least twenty years in the reserve forces and who 24 continues to serve in the reserve forces. 25 e. A member of the Iowa national guard who has served at 26 least twenty years in the Iowa national guard and who continues 27 to serve in the Iowa national guard. 28 Sec. 2. Section 35.2, unnumbered paragraph 1, Code 2023, is 29 amended to read as follows: 30 In order to fulfill any eligibility requirements under 31 Iowa law pertaining to veteran status, a veteran described in 32 section 35.1, subsection 2 , paragraph “b” , subparagraph (6) or 33 (7) “d” or “e” , shall submit the veteran’s retirement points 34 accounting statement issued by the armed forces of the United 35 -1- LSB 1779XS (3) 90 dg/rn 1/ 10
S.F. 236 States, the state adjutant general, or the adjutant general 1 of any other state, to confirm that the person has completed 2 twenty years of service with the reserve forces or the national 3 guard. 4 Sec. 3. Section 35A.3, subsection 7, Code 2023, is amended 5 by striking the subsection. 6 Sec. 4. Section 35A.5, subsection 6, Code 2023, is amended 7 to read as follows: 8 6. a. Conduct Administer or conduct one service school 9 each year for county commissioners and one service school for 10 executive directors and administrators. The service school for 11 executive directors and administrators shall provide at least 12 sixteen continuing education units. 13 b. (1) The department may receive and accept donations, 14 grants, gifts, and contributions from any public or private 15 source to be used for any of the following purposes: 16 (a) Providing payment for training opportunities under 17 paragraph “a” . 18 (b) Organizing training relating to state programs for 19 county commission of veteran affairs executive directors, 20 administrators, and commissioners. 21 (c) Hiring an agency, organization, or other entity to 22 provide training or educational programming. 23 (d) Reimbursing county commission of veteran affairs 24 executive directors, administrators, and commissioners for 25 transportation costs related to a conference, program, or both. 26 (e) Verifying a person’s qualifications pursuant to section 27 35A.5, subsection 9. 28 (2) All funds received by the department for the purposes 29 established in subparagraph (1) shall be deposited in 30 the county commission of veteran affairs training account 31 established in section 35A.16, subsection 4. 32 Sec. 5. Section 35A.5, subsection 9, Code 2023, is amended 33 by striking the subsection and inserting in lieu thereof the 34 following: 35 -2- LSB 1779XS (3) 90 dg/rn 2/ 10
S.F. 236 9. Verify each executive director, administrator, and 1 commissioner of a county commission of veteran affairs is fully 2 qualified to work in the person’s position. Qualifications 3 shall include but not be limited to all of the following: 4 a. The person has obtained certification that is federally 5 required for the member, executive director, or administrator’s 6 position within twelve months of beginning the person’s 7 employment. 8 b. The person has obtained a personal identification 9 verification card necessary to access the veterans benefits 10 management system within twelve months of beginning the 11 person’s employment. 12 c. The person maintains certification that is federally 13 required for the member, executive director, or administrator’s 14 position. 15 d. The person maintains an active personal identification 16 verification card and has access to the veterans benefits 17 management system. 18 e. For executive directors and administrators, the person 19 is proficient in the use of electronic mail, general computer 20 use, and use of the internet to access information regarding 21 facilities, benefits, and services available to veterans and 22 their families. 23 Sec. 6. Section 35A.13, subsection 3, Code 2023, is amended 24 to read as follows: 25 3. Moneys credited to the trust fund shall not be 26 transferred, used, obligated, appropriated, or otherwise 27 encumbered, except as provided in this section . Moneys in the 28 trust fund may also be used for cemetery grant development 29 purposes provided that any moneys so allocated, except 30 for moneys used for department of administrative services 31 expenditures related to the grant, are returned to the trust 32 fund upon receipt of federal funds received for such purposes. 33 Sec. 7. Section 35A.16, subsection 3, paragraph a, Code 34 2023, is amended to read as follows: 35 -3- LSB 1779XS (3) 90 dg/rn 3/ 10
S.F. 236 a. If sufficient moneys are available, the department 1 shall annually allocate ten thousand dollars to each county 2 commission of veteran affairs, or to each county sharing the 3 services of an executive director or administrator pursuant 4 to chapter 28E , to be used to provide services to veterans 5 pursuant to section 35B.6 and provide for and maintain 6 accreditation in accordance with the policies and procedures of 7 the United States department of veterans affairs . Each county 8 receiving an allocation shall annually report on expenditure of 9 the allocation in a form agreed to by the department and county 10 representatives. 11 Sec. 8. Section 35A.16, subsection 4, Code 2023, is amended 12 to read as follows: 13 4. A county commission of veteran affairs training program 14 account shall be established within the county commissions 15 of veteran affairs fund. Any moneys remaining in the fund 16 after the allocations under subsection 3 shall be credited 17 to the account and used by the department to fund the county 18 commission of veteran affairs training program under section 19 35A.17 35A.5, subsection 6, and training for department 20 personnel. 21 Sec. 9. Section 35B.3, Code 2023, is amended to read as 22 follows: 23 35B.3 County commission of veteran affairs. 24 The county commission of veteran affairs shall consist 25 of either three or five persons, as determined by the board 26 of supervisors, all of whom shall be veterans as defined in 27 section 35.1 . If possible, each member of the commission shall 28 be a veteran of a different military action branch . However, 29 this qualification does not preclude membership to a veteran 30 who served in more than one branch of the military actions . 31 Sec. 10. Section 35B.6, subsection 1, paragraph c, Code 32 2023, is amended to read as follows: 33 c. (1) Upon the employment of an executive director or 34 administrator, the executive director or administrator shall 35 -4- LSB 1779XS (3) 90 dg/rn 4/ 10
S.F. 236 complete a course of for the purpose of obtaining certification 1 training provided by the department of veterans affairs 2 pursuant to section 35A.5 federally required for the person’s 3 position and a personal identification verification card 4 necessary to access the veterans benefits management system . 5 If an executive director or administrator fails to obtain 6 certification or a personal identification verification card 7 within one year of being employed, the executive director or 8 administrator shall be removed from office. The department 9 shall issue the executive director or administrator a 10 certificate of training after completion of the certification 11 training course. To maintain certification, the 12 (2) An executive director or administrator shall satisfy 13 the continuing education requirements established by the 14 national association of county veterans service officers and 15 the United States department of veterans affairs . Failure 16 of an executive director or administrator to maintain 17 certification shall be cause for removal from office. The 18 expenses of training the executive director or administrator 19 shall be paid from the appropriation authorized in section 20 35B.14 . 21 (3) An executive director or administrator shall satisfy 22 the continuing education requirements necessary to maintain an 23 active personal identification verification card and access 24 to the veterans benefits management system. Failure of an 25 executive director or administrator to maintain certification 26 and access to the veterans benefits management system shall be 27 cause for removal from office. 28 Sec. 11. Section 35B.14, subsection 4, Code 2023, is amended 29 to read as follows: 30 4. Burial expenses shall be paid by the county in which 31 the person died resided . If the person is a resident of a 32 different county at the time of death, the county of residence 33 shall reimburse the county where the person died for the cost 34 of burial. In either case, the The county board of supervisors 35 -5- LSB 1779XS (3) 90 dg/rn 5/ 10
S.F. 236 of the respective counties shall audit and pay the account from 1 the funds provided for in this chapter in the manner as other 2 claims are audited and paid. 3 Sec. 12. Section 426A.12, Code 2023, is amended to read as 4 follows: 5 426A.12 Exemptions to relatives. 6 1. In case any person in the foregoing classifications does 7 not claim the exemption from taxation, it shall be allowed in 8 the name of the person to the same extent on the property of any 9 one of the following persons in the order named: 10 a. The spouse, or surviving spouse remaining unmarried, 11 of a veteran, as defined in this chapter or in section 35.1, 12 subsection 2 , paragraph “a” or “b” , where they are living 13 together or were living together at the time of the death of 14 the veteran. 15 b. The parent whose spouse is deceased and who remains 16 unmarried, of a veteran, as defined in this chapter or in 17 section 35.1, subsection 2 , paragraph “a” or “b” , whether living 18 or deceased, where the parent is, or was at the time of death of 19 the veteran, dependent on the veteran for support. 20 c. The minor child, or children owning property as tenants 21 in common, of a deceased veteran, as defined in this chapter or 22 in section 35.1 , subsection 2 , paragraph “a” or “b” . 23 2. No more than one tax exemption shall be allowed under 24 this section or section 426A.11 in the name of a veteran, 25 as defined in this chapter or in section 35.1 , subsection 2 , 26 paragraph “a” or “b” . 27 Sec. 13. Section 426A.13, subsections 1 and 2, Code 2023, 28 are amended to read as follows: 29 1. A person named in section 426A.11 , who is a resident of 30 and domiciled in the state of Iowa, shall receive a reduction 31 equal to the exemption, to be made from any property owned 32 by the person or owned by a family farm corporation of which 33 the person is a shareholder and occupant of the property and 34 so designated by proceeding as provided in this section . To 35 -6- LSB 1779XS (3) 90 dg/rn 6/ 10
S.F. 236 be eligible to receive the exemption, the person claiming it 1 shall have recorded in the office of the county recorder of 2 the county in which is located the property designated for the 3 exemption, evidence of property ownership by that person or the 4 family farm corporation of which the person is a shareholder 5 and the military certificate of satisfactory service, order 6 transferring to inactive status, reserve, retirement, order of 7 separation from service, honorable discharge or a copy of any 8 of these documents of the person claiming or through whom is 9 claimed the exemption. In the case of a person claiming the 10 exemption as a veteran described in section 35.1, subsection 2 , 11 paragraph “b” , subparagraph (6) or (7) “d” or “e” , the person 12 shall file the statement required by section 35.2 . 13 2. The person shall file with the appropriate assessor on 14 forms obtained from the assessor the claim for exemption for 15 the year for which the person is first claiming the exemption. 16 The claim shall be filed not later than July 1 of the year 17 for which the person is claiming the exemption. The claim 18 shall set out the fact that the person is a resident of and 19 domiciled in the state of Iowa, and a person within the terms 20 of section 426A.11 , and shall give the volume and page on which 21 the certificate of satisfactory service, order of separation, 22 retirement, furlough to reserve, inactive status, or honorable 23 discharge or certified copy thereof is recorded in the office 24 of the county recorder, and may include the designation of the 25 property from which the exemption is to be made, and shall 26 further state that the claimant is the equitable or legal owner 27 of the property designated or if the property is owned by a 28 family farm corporation, that the person is a shareholder of 29 that corporation and that the person occupies the property. 30 In the case of a person claiming the exemption as a veteran 31 described in section 35.1, subsection 2 , paragraph “b” , 32 subparagraph (6) or (7) “d” or “e” , the person shall file the 33 statement required by section 35.2 . 34 Sec. 14. REPEAL. Sections 35A.17 and 35B.17, Code 2023, 35 -7- LSB 1779XS (3) 90 dg/rn 7/ 10
S.F. 236 are repealed. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to matters under the purview of the 5 department of veterans affairs, including county commissions of 6 veteran affairs (CCVA) and cemetery expenditures. 7 The bill redefines a “veteran” for the purposes of Code 8 chapter 35 (veterans affairs) as a resident of this state who 9 meets the definition of a veteran as defined in 38 C.F.R. §3.1, 10 as amended. 11 The bill replaces the department of veterans affairs’ 12 (VA) duty to conduct a service school each year for county 13 commissioners, executive directors, and administrators with 14 the duty to administer or provide for one service school 15 each year for county commissioners, executive directors, and 16 administrators. 17 The bill removes continuing education requirements 18 associated with the annual service school provided for county 19 commissioners, executive directors, and administrators. 20 The bill allows the department to receive and accept 21 donations, grants, gifts, and contributions from any public or 22 private source to be used for providing payment for training 23 opportunities to CCVA commissioners, executive directors, 24 and administrators; organizing training relating to state 25 programs for CCVA executive directors, administrators, and 26 commissioners; hiring an agency, organization, or other entity 27 to provide training or educational programming; reimbursing 28 CCVA executive directors, administrators, and commissioners 29 for transportation costs related to a conference, program, or 30 both; and verifying a person’s qualifications to work as a CCVA 31 commissioner, executive director, or administrator. The bill 32 requires that all funds received by the VA for these purposes 33 must be deposited in the CCVA training account. 34 The bill replaces the VA’s duty to provide certification 35 -8- LSB 1779XS (3) 90 dg/rn 8/ 10
S.F. 236 training to executive directors and administrators of CCVA with 1 the duty to verify each executive director, administrator, 2 and commissioner of a CCVA is fully qualified to work in 3 the person’s position. Such qualifications include but are 4 not limited to obtaining certification that is federally 5 required for the member, executive director, or administrator’s 6 position within 12 months of beginning the person’s employment; 7 obtaining a personal identification verification card necessary 8 to access VBMS within 12 months of beginning the person’s 9 employment; maintaining certification that is federally 10 required for the member, executive director, or administrator’s 11 position; maintaining an active personal identification 12 verification card and has access to VBMS; having proficiency 13 in the use of electronic mail, general computer use, and use 14 of the internet to access information regarding facilities, 15 benefits, and services available to veterans and their families 16 if the person is an executive director or administrator. 17 The bill prohibits moneys in the veterans trust fund from 18 being used for cemetery grant development purposes. 19 The bill makes a nonsubstantive terminology change in Code 20 section 35B.3. 21 The bill requires a CCVA executive director or administrator 22 to complete a course for the purpose of obtaining certification 23 federally required for the person’s position and a personal 24 identification verification (PIV) card necessary to access 25 VBMS. If an executive director or administrator fails to 26 obtain certification or a PIV card within one year of being 27 employed, the executive director or administrator shall be 28 removed from office. Under current law, the VA is required to 29 provide the training and issue a certificate of completion. 30 The bill requires an executive director or administrator 31 to satisfy the continuing education requirements established 32 by the United States department of veterans affairs and the 33 requirements necessary to maintain an active PIV card and 34 access to the VBMS. Failure of an executive director or 35 -9- LSB 1779XS (3) 90 dg/rn 9/ 10
S.F. 236 administrator to maintain certification and access to VBMS 1 shall be cause for removal from office. 2 The bill requires funeral expenses for a veteran or a 3 veteran’s spouse, surviving spouse, or child be paid by the 4 county in which the person resided if the veteran died without 5 leaving sufficient means to pay funeral expenses. 6 The bill makes conforming changes to Code sections 35A.3; 7 35A.16, subsection 4; 35B.14, subsection 1; 426A.12; and 8 426A.13. 9 The bill repeals Code sections 35A.17 (county commission of 10 veteran affairs training program) and 35B.17 (maintenance of 11 graves). 12 -10- LSB 1779XS (3) 90 dg/rn 10/ 10