SF 2282 (LSB 5189SV (3) 91)

SENATE FILE 2282

BY  COMMITTEE ON VETERANS AFFAIRS

(SUCCESSOR TO SSB 3079)

A BILL FOR

An Act relating to veterans services and making appropriations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  35.4  Power of attorney.
   The provisions of this chapter and chapters 35A, 35B, 35C, and 35D do not limit the ability of a veterans’ service organization recognized pursuant to 38 C.F.R. §14.628(c) to represent a veteran in the United States department of veterans affairs benefit claims process or to be granted the power of attorney for a veteran with the United States department of veterans affairs. A veteran may grant a veterans’ service organization that is recognized pursuant to 38 C.F.R. §14.628(c) power of attorney for the purposes of filing claims with the United States department of veterans affairs.
    Sec. 2.  Section 35A.5, subsection 6, paragraph b, subparagraph (2), Code 2026, is amended to read as follows:
   (2)  All funds moneys received by the department for the purposes established in subparagraph (1) shall be deposited in the county commission of veteran affairs training veterans services excellence training program and administration account established in section 35A.16, subsection 4.
    Sec. 3.  Section 35A.5, subsection 9, Code 2026, is amended to read as follows:
   9.  Verify each executive director and administrator of a county commission of veteran affairs is fully qualified to work in the person’s position. Qualifications include but are not limited to has all of the following credentials:
   a.  The person has obtained certification that is federally required for the executive director’s 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 executive director’s or administrator’s position.
   d.  The person maintains an active personal identification verification card and has access to the veterans benefits management system.
   e.  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 in compliance with education and training standards established by the commandant.
    Sec. 4.  Section 35A.5, Code 2026, is amended by adding the following new subsections:
   NEW SUBSECTION.  16A.  Establish and maintain a statewide standardized electronic claim system to be used by county veterans service offices for submission of all United States department of veterans affairs claims.
   NEW SUBSECTION.  16B.  Communicate county veterans service office performance metrics to county commissions of veteran affairs and boards of supervisors through quarterly reports.
    Sec. 5.  Section 35A.13, subsection 5, paragraph e, Code 2026, is amended to read as follows:
   e.  Notwithstanding paragraphs “a”, “b”, and “c”, moneys transferred under subsection 6 to the county commission of veteran affairs training veterans services excellence training program and administration account shall be expended as provided in section 35A.16.
    Sec. 6.  Section 35A.13, subsection 6, Code 2026, is amended to read as follows:
   6.  For the fiscal year beginning July 1, 2024 2026, and for each subsequent fiscal year, there is transferred to the county commission of veteran affairs training veterans services excellence training program and administration account of the county commissions of veteran affairs veterans services excellence fund created in section 35A.16, from the moneys transferred pursuant to section 99G.39 from the lottery fund to the veterans trust fund, three hundred thousand dollars.
    Sec. 7.  Section 35A.16, Code 2026, is amended to read as follows:
   35A.16  County commissions of veteran affairs veterans services excellence fund —— appropriation.
   1.  a.  A county commissions of veteran affairs veterans services excellence fund is created within the state treasury under the control of the department. The fund shall consist of appropriations made to the fund and any other moneys available to and obtained or accepted by the department from the federal government or private sources for deposit in the fund.  Moneys in the fund are appropriated to the department to be used to incentivize counties to effectively increase veteran outreach and efficiency in the application for individual federal veteran compensation.
   b.  There is appropriated from the general fund of the state to the department, for the fiscal year beginning July 1, 2009 2026, and for each subsequent fiscal year, the sum of nine hundred ninety thousand dollars to be credited to the county commissions of veteran affairs veterans services excellence fund.
   2.  Notwithstanding section 12C.7, interest or earnings on moneys in the county commissions of veteran affairs fund shall be credited to the county commissions of veteran affairs fund. Notwithstanding section 8.33, moneys remaining in the county commissions of veteran affairs fund at the end of a fiscal year shall not revert to the general fund of the state.
   3.  a.  If sufficient moneys are available, the department shall annually allocate ten thousand dollars make allocations from the fund 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. For the fiscal year beginning July 1, 2026, the department shall allocate moneys equally to each qualifying county. For the fiscal year beginning July 1, 2027, and each subsequent fiscal year, the department shall allocate moneys based on performance criteria determined by the department. The moneys shall 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 department and the United States department of veterans affairs. Each county receiving an allocation shall annually report on expenditure of the allocation in on a form agreed to provided by the department and county representatives.
   b.  If a county fails to be in compliance with the requirements of section 35B.6 on June 30 of each fiscal year, all moneys received by the county pursuant to this subsection during that fiscal year shall be reimbursed to the county commissions of veteran affairs fund.
   c.  Moneys distributed to a county under this subsection shall be used to supplement and not supplant any existing funding provided by the county or received by the county from any other source. The department shall adopt a maintenance of effort requirement for moneys distributed under this subsection.
   4.  A county commission of veteran affairs veterans services excellence training program and administration account shall be is 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 are appropriated to the department to fund the county commission of veteran affairs training program under section 35A.5, subsection 6, and training for department personnel. In addition, from the moneys transferred to the account from the veterans trust fund created in section 35A.13, the department shall annually allocate three 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 for national training and related expenses of county veteran service officers and appropriate staff.  Moneys in the account are appropriated to the department to provide training and support for county commissions of veteran affairs, including but not limited to a statewide standardized electronic claim system for county submissions of claims to the United States department of veterans affairs and education and training for county veterans service officers.
    Sec. 8.  Section 35B.6, subsection 1, paragraph d, Code 2026, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (4)  Utilize the statewide standardized electronic claim system authorized and provided by the department of veterans affairs to file all claims for United States department of veterans affairs benefits.
    Sec. 9.  Section 35B.7, Code 2026, is amended to read as follows:
   35B.7  Meetings —— report —— budget.
   The commission shall meet monthly and at other times as necessary. At the monthly meeting, the commission shall determine who are is entitled to county benefits and the probable amount required to be expended.  The commission shall also review quarterly performance reports generated by the department of veterans affairs to assess the effectiveness of delivery of federal benefits. The commission shall meet annually to prepare an estimated budget for all expenditures to be made in the next fiscal year and certify the budget to the board of supervisors. The board may approve or reduce the budget for valid reasons shown and entered of record and the board’s decision is final.
    Sec. 10.  Section 99G.39, subsection 3, Code 2026, is amended to read as follows:
   3.  Two million five hundred thousand dollars in lottery revenues shall be transferred each fiscal year to the veterans trust fund established pursuant to section 35A.13 prior to deposit of the lottery revenues in the general fund of the state pursuant to section 99G.40. However, if the balance of the veterans trust fund is fifty million dollars or more, the moneys shall be are appropriated to the department of veterans affairs for distribution, with the first three hundred thousand dollars transferred to the county veterans services excellence training program and administration account created in section 35A.16, and the remainder allocated to county directors of veteran affairs, with fifty percent of the moneys to be distributed equally to each county and fifty percent of the moneys to be distributed to each county based upon the population of veterans in the county, so long as the moneys distributed to a county do not supplant moneys appropriated by that county for the county director of veteran affairs.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill provides that the provisions of Code chapters 35, 35A, 35B, 35C, and 35D do not limit the ability of a veterans’ service organization to represent a veteran in the United States department of veterans affairs benefit claims process or to be granted power of attorney by a veteran for those purposes.
   The bill replaces the county commissions of veteran affairs fund and training program account with the county veterans services excellence fund and training program and administration account. Moneys in the fund are appropriated to the department of veterans affairs (IDVA) to be used to incentivize counties to effectively increase veteran outreach and efficiency in the application for individual federal veteran compensation.
   Under current law, IDVA annually allocates $10,000 from the fund to each county commission of veteran affairs (CCVA) or to each county sharing the services of an executive director or administrator, and each county must report on the expenditure of its allocation in a form agreed to by IDVA and the county representatives. The bill strikes the specified allocation amount. The bill provides that for FY 2026-2027, each county shall receive an equal amount of moneys from the fund. For subsequent fiscal years, allocations shall be based on performance criteria established by IDVA.
   The bill requires the veterans services excellence training program and administration account to fund training and support for CCVAs and strikes provisions that credit remaining moneys in the fund to the account and that allocate $3,000 to each CCVA or each county sharing the services of an executive director or administrator for training expenses.
   The bill requires IDVA to verify that each executive director and administrator of a CCVA be in compliance with education and training standards established by the commandant and removes the requirement to verify they are proficient in general computer use.
   The bill requires IDVA to create a statewide standardized electronic claim system through which county veterans service offices must submit all United States department of veterans affairs claims and requires IDVA to communicate county veterans service office performance metrics to CCVAs and boards of supervisors. A CCVA must review the quarterly performance report generated by IDVA.
   Under current law, when the balance of the veterans trust fund is $50 million or more, lottery revenues that would otherwise be deposited in the veterans trust fund is distributed to county directors of veteran affairs. The bill provides that the first $300,000 of these moneys is transferred to the county veterans services excellence training program and administration account.