SF 444 (LSB 1779SV (5) 90)

SENATE FILE 444

BY  COMMITTEE ON VETERANS AFFAIRS

(SUCCESSOR TO SF 236)

(COMPANION TO HF 259 BY COMMITTEE ON VETERANS AFFAIRS)

A BILL FOR

An Act relating to matters under the purview of the department of veterans affairs, including county commissions of veteran affairs and cemetery expenditures.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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