SF 410 (LSB 2163SV (2) 90)

SENATE FILE 410

BY  COMMITTEE ON VETERANS AFFAIRS

(SUCCESSOR TO SSB 1152)

A BILL FOR

An Act relating to the administration of the veterans trust fund.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 35A.13, subsection 3, Code 2023, is amended to read as follows:
   3.  Moneys credited to the trust fund shall not be transferred, used, obligated, appropriated, or otherwise encumbered, except as provided in this section. Moneys in the trust fund may also be used for cemetery grant development purposes provided that any moneys so allocated, except for moneys used for department of administrative services expenditures related to the grant, are returned to the trust fund upon receipt of federal funds received for such purposes.
    Sec. 2.  Section 35A.13, subsection 5, Code 2023, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0d.  The commission shall not use moneys appropriated to the commission pursuant to this subsection in any fiscal quarter in an amount greater than thirty percent of the moneys appropriated to the commission for the fiscal year.
    Sec. 3.  Section 35A.13, subsection 5, paragraph d, Code 2023, is amended to read as follows:
   d.  Notwithstanding paragraphs “a”, “b”, and “c” any other provision of this subsection, moneys credited to the war orphans educational assistance account shall be expended as provided in subsection 8.
    Sec. 4.  Section 35A.13, subsection 7, paragraph l, Code 2023, is amended to read as follows:
   l.  Expenses related to initial screening for any military service-connected traumatic brain injury sustained while on federal active duty, state active duty, or national guard duty, as defined in section 29A.1, or sustained while on federal reserve duty pursuant to orders issued under Tit. 10 of the United States Code for which payment or reimbursement is not otherwise available through any other federal or state program or, if applicable, through a veteran’s private insurance or managed care organization. A Notwithstanding subsection 7A, a veteran seeking moneys for expenses pursuant to this paragraph “l” shall not be subject to an income limit.
    Sec. 5.  Section 35A.13, Code 2023, is amended by adding the following new subsections:
   NEW SUBSECTION.  7A.  To be eligible to receive benefits pursuant to subsection 7, an applicant must meet all of the following requirements:
   a.  The applicant’s household income, benefits from the federal veterans pension program, service-connected disability income, and social security income, do not exceed two hundred percent of the federal poverty level for a family of applicable size in effect on the date the application was received by a county director of veterans affairs. The commission may waive the requirements of this paragraph if all the applicant’s income is from a fixed source and all other sources of assistance have been exhausted.
   b.  (1)  The applicant’s available liquid assets are equal to or less than fifteen thousand dollars. For the purposes of this paragraph, “available liquid assets” means cash on hand, cash in a checking or savings account, stocks, bonds, certificates of deposit, treasury bills, and money market funds and other liquid investments owned individually or jointly by the applicant and the applicant’s spouse.
   (2)  Notwithstanding subparagraph (1), an asset shall not be counted as an applicant’s available liquid asset if the asset is any of the following:
   (a)  The cash surrender value of a life insurance policy, real property, an established burial account, or a personal vehicle.
   (b)  A fund deposited in an individual retirement account in accordance with section 408(a) of the federal Internal Revenue Code, a self-employed pension plan, also known as a Keogh plan or H.R. 10 plan, or a deferred compensation plan that the applicant may not withdraw from without incurring a penalty.
   NEW SUBSECTION.  7B.  Benefits from the veterans trust fund to an individual shall not exceed five thousand dollars in any calendar year and shall not exceed ten thousand dollars for the lifetime of the individual.
   NEW SUBSECTION.  9A.  The director shall oversee the management of the veterans trust fund, including compliance with limits on grant amounts, the timely distribution of moneys, and the application of procedures to ensure applicant eligibility in accordance with this section. Any grant of moneys from the veterans trust fund shall be subject to final approval by the director or the director’s designee.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the administration of the veterans trust fund.
   The bill no longer allows veterans trust fund moneys to be used for cemetery development purposes in certain situations.
   The bill prohibits the commission of veterans affairs (CVA) from using any moneys appropriated to the CVA in a fiscal quarter in an amount greater than 30 percent of the moneys appropriated.
   The bill requires, for an applicant to be eligible to receive benefits from the veterans trust fund, the applicant’s household income, benefits from the federal veterans pension program, service-connected disability income, and social security income to be at or below 200 percent of the federal poverty level for a family of applicable size in effect on the date the application was received by a county director of veterans affairs. The CVA may waive income requirements if all the applicant’s income is from a fixed source and all other sources of assistance have been exhausted.
   The bill also requires, for an applicant to be eligible to receive benefits from the veterans trust fund, the applicant’s available liquid assets to be equal to or less than $15,000. The bill defines “available liquid assets” as cash on hand, cash in a checking or savings account, stocks, bonds, certificates of deposit, treasury bills, and money market funds and other liquid investments owned individually or jointly by the applicant and the applicant’s spouse. However, an asset is not an available liquid asset if it is the cash surrender value of a life insurance policy, real property, an established burial account, or a personal vehicle. An asset is also not an available liquid asset if it is a fund deposited in an individual retirement account in accordance with section 408(a) of the federal Internal Revenue Code, a self-employed pension plan (a Keogh plan or H.R. 10 plan), or a deferred compensation plan that the applicant may not withdraw from without incurring a penalty.
   The bill limits the benefits an individual may receive from the veterans trust fund to $5,000 in any calendar year and $10,000 for the lifetime of the individual.
   The bill directs the director of the department of veterans affairs to oversee the management of the veterans trust fund, including compliance with limits on grant amounts, the timely distribution of moneys, and the application of procedures to ensure applicant eligibility.
   The bill requires any grant of moneys from the veterans trust fund to be subject to final approval by the director of the department of veterans affairs or the director’s designee.
   The bill makes conforming changes to Code section 35A.13, subsection 4, paragraph “d”, and subsection 7, paragraph “l”.