Senate Study Bill 1152 - IntroducedA Bill ForAn Act 1relating to the administration of the veterans trust
2fund.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 35A.13, subsection 3, Code 2023, is
2amended to read as follows:
33. Moneys credited to the trust fund shall not be
4transferred, used, obligated, appropriated, or otherwise
5encumbered, except as provided in this section. Moneys in the
6trust fund may also be used for cemetery grant development
7purposes provided that any moneys so allocated, except
8for moneys used for department of administrative services
9expenditures related to the grant, are returned to the trust
10fund upon receipt of federal funds received for such purposes.
11 Sec. 2. Section 35A.13, subsection 5, Code 2023, is amended
12by adding the following new paragraph:
13 NEW PARAGRAPH. 0d. The commission shall not use moneys
14appropriated to the commission pursuant to this subsection in
15any fiscal quarter in an amount greater than thirty percent of
16the moneys appropriated to the commission for the fiscal year.
17 Sec. 3. Section 35A.13, subsection 5, paragraph d, Code
182023, is amended to read as follows:
19d. Notwithstanding paragraphs “a”, “b”, and “c” any other
20provision of this subsection, moneys credited to the war
21orphans educational assistance account shall be expended as
22provided in subsection 8.
23 Sec. 4. Section 35A.13, subsection 7, paragraph l, Code
242023, is amended to read as follows:
25l. Expenses related to initial screening for any military
26service-connected traumatic brain injury sustained while on
27federal active duty, state active duty, or national guard duty,
28as defined in section 29A.1, or sustained while on federal
29reserve duty pursuant to orders issued under Tit.10 of the
30United States Code for which payment or reimbursement is not
31otherwise available through any other federal or state program
32or, if applicable, through a veteran’s private insurance or
33managed care organization. A Notwithstanding subsection 7A, a
34 veteran seeking moneys for expenses pursuant to this paragraph
35“l” shall not be subject to an income limit.
-1-1 Sec. 5. Section 35A.13, Code 2023, is amended by adding the
2following new subsections:
3 NEW SUBSECTION. 7A. To be eligible to receive benefits
4pursuant to subsection 7, an applicant must meet all of the
5following requirements:
6a. The applicant’s household income, benefits from the
7federal veterans pension program, service-connected disability
8income, and social security income, do not exceed two hundred
9percent of the federal poverty level for a family of applicable
10size in effect on the date the application was received by
11a county director of veterans affairs. The commission may
12waive the requirements of this paragraph if all the applicant’s
13income is from a fixed source and all other sources of
14assistance have been exhausted.
15b. (1) The applicant’s available liquid assets are equal
16to or less than fifteen thousand dollars. For the purposes
17of this paragraph, “available liquid assets” means cash on
18hand, cash in a checking or savings account, stocks, bonds,
19certificates of deposit, treasury bills, and money market funds
20and other liquid investments owned individually or jointly by
21the applicant and the applicant’s spouse.
22(2) Notwithstanding subparagraph (1), an asset shall not be
23counted as an applicant’s available liquid asset if the asset
24is any of the following:
25(a) The cash surrender value of a life insurance policy,
26real property, an established burial account, or a personal
27vehicle.
28(b) A fund deposited in an individual retirement account in
29accordance with section 408(a) of the federal Internal Revenue
30Code, a self-employed pension plan, also known as a Keogh plan
31or H.R. 10 plan, or a deferred compensation plan that the
32applicant may not withdraw from without incurring a penalty.
33 NEW SUBSECTION. 7B. Benefits from the veterans trust fund
34to an individual shall not exceed five thousand dollars in any
35calendar year and shall not exceed ten thousand dollars for the
-2-1lifetime of the individual.
2 NEW SUBSECTION. 9A. The director shall oversee the
3management of the veterans trust fund, including compliance
4with limits on grant amounts, the timely distribution of
5moneys, and the application of procedures to ensure applicant
6eligibility in accordance with this section. Any grant of
7moneys from the veterans trust fund shall be subject to final
8approval by the director or the director’s designee.
9EXPLANATION
10The inclusion of this explanation does not constitute agreement with
11the explanation’s substance by the members of the general assembly.
12This bill relates to the administration of the veterans
13trust fund.
14The bill no longer allows veterans trust fund moneys to be
15used for cemetery development purposes in certain situations.
16The bill prohibits the commission of veterans affairs (CVA)
17from using any moneys appropriated to the CVA in a fiscal
18quarter in an amount greater than 30 percent of the moneys
19appropriated.
20The bill requires, for an applicant to be eligible to
21receive benefits from the veterans trust fund, the applicant’s
22household income, benefits from the federal veterans pension
23program, service-connected disability income, and social
24security income to be at or below 200 percent of the federal
25poverty level for a family of applicable size in effect on
26the date the application was received by a county director of
27veterans affairs. The CVA may waive income requirements if all
28the applicant’s income is from a fixed source and all other
29sources of assistance have been exhausted.
30The bill also requires, for an applicant to be eligible to
31receive benefits from the veterans trust fund, the applicant’s
32available liquid assets to be equal to or less than $15,000.
33The bill defines “available liquid assets” as cash on
34hand, cash in a checking or savings account, stocks, bonds,
35certificates of deposit, treasury bills, and money market funds
-3-1and other liquid investments owned individually or jointly by
2the applicant and the applicant’s spouse. However, an asset
3is not an available liquid asset if it is the cash surrender
4value of a life insurance policy, real property, an established
5burial account, or a personal vehicle. An asset is also not
6an available liquid asset if it is a fund deposited in an
7individual retirement account in accordance with section 408(a)
8of the federal Internal Revenue Code, a self-employed pension
9plan (a Keogh plan or H.R. 10 plan), or a deferred compensation
10plan that the applicant may not withdraw from without incurring
11a penalty.
12The bill limits the benefits an individual may receive from
13the veterans trust fund to $5,000 in any calendar year and
14$10,000 for the lifetime of the individual.
15The bill directs the director of the department of veterans
16affairs to oversee the management of the veterans trust fund,
17including compliance with limits on grant amounts, the timely
18distribution of moneys, and the application of procedures to
19ensure applicant eligibility.
20The bill requires any grant of moneys from the veterans trust
21fund to be subject to final approval by the director of the
22department of veterans affairs or the director’s designee.
23The bill makes conforming changes to Code section 35A.13,
24subsection 4, paragraph “d”, and subsection 7, paragraph “l”.
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2fund.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 35A.13, subsection 3, Code 2023, is
2amended to read as follows:
33. Moneys credited to the trust fund shall not be
4transferred, used, obligated, appropriated, or otherwise
5encumbered, except as provided in this section. Moneys in the
6trust fund may also be used for cemetery grant development
7purposes provided that any moneys so allocated, except
8for moneys used for department of administrative services
9expenditures related to the grant, are returned to the trust
10fund upon receipt of federal funds received for such purposes.
11 Sec. 2. Section 35A.13, subsection 5, Code 2023, is amended
12by adding the following new paragraph:
13 NEW PARAGRAPH. 0d. The commission shall not use moneys
14appropriated to the commission pursuant to this subsection in
15any fiscal quarter in an amount greater than thirty percent of
16the moneys appropriated to the commission for the fiscal year.
17 Sec. 3. Section 35A.13, subsection 5, paragraph d, Code
182023, is amended to read as follows:
19d. Notwithstanding paragraphs “a”, “b”, and “c” any other
20provision of this subsection, moneys credited to the war
21orphans educational assistance account shall be expended as
22provided in subsection 8.
23 Sec. 4. Section 35A.13, subsection 7, paragraph l, Code
242023, is amended to read as follows:
25l. Expenses related to initial screening for any military
26service-connected traumatic brain injury sustained while on
27federal active duty, state active duty, or national guard duty,
28as defined in section 29A.1, or sustained while on federal
29reserve duty pursuant to orders issued under Tit.10 of the
30United States Code for which payment or reimbursement is not
31otherwise available through any other federal or state program
32or, if applicable, through a veteran’s private insurance or
33managed care organization. A Notwithstanding subsection 7A, a
34 veteran seeking moneys for expenses pursuant to this paragraph
35“l” shall not be subject to an income limit.
-1-1 Sec. 5. Section 35A.13, Code 2023, is amended by adding the
2following new subsections:
3 NEW SUBSECTION. 7A. To be eligible to receive benefits
4pursuant to subsection 7, an applicant must meet all of the
5following requirements:
6a. The applicant’s household income, benefits from the
7federal veterans pension program, service-connected disability
8income, and social security income, do not exceed two hundred
9percent of the federal poverty level for a family of applicable
10size in effect on the date the application was received by
11a county director of veterans affairs. The commission may
12waive the requirements of this paragraph if all the applicant’s
13income is from a fixed source and all other sources of
14assistance have been exhausted.
15b. (1) The applicant’s available liquid assets are equal
16to or less than fifteen thousand dollars. For the purposes
17of this paragraph, “available liquid assets” means cash on
18hand, cash in a checking or savings account, stocks, bonds,
19certificates of deposit, treasury bills, and money market funds
20and other liquid investments owned individually or jointly by
21the applicant and the applicant’s spouse.
22(2) Notwithstanding subparagraph (1), an asset shall not be
23counted as an applicant’s available liquid asset if the asset
24is any of the following:
25(a) The cash surrender value of a life insurance policy,
26real property, an established burial account, or a personal
27vehicle.
28(b) A fund deposited in an individual retirement account in
29accordance with section 408(a) of the federal Internal Revenue
30Code, a self-employed pension plan, also known as a Keogh plan
31or H.R. 10 plan, or a deferred compensation plan that the
32applicant may not withdraw from without incurring a penalty.
33 NEW SUBSECTION. 7B. Benefits from the veterans trust fund
34to an individual shall not exceed five thousand dollars in any
35calendar year and shall not exceed ten thousand dollars for the
-2-1lifetime of the individual.
2 NEW SUBSECTION. 9A. The director shall oversee the
3management of the veterans trust fund, including compliance
4with limits on grant amounts, the timely distribution of
5moneys, and the application of procedures to ensure applicant
6eligibility in accordance with this section. Any grant of
7moneys from the veterans trust fund shall be subject to final
8approval by the director or the director’s designee.
9EXPLANATION
10The inclusion of this explanation does not constitute agreement with
11the explanation’s substance by the members of the general assembly.
12This bill relates to the administration of the veterans
13trust fund.
14The bill no longer allows veterans trust fund moneys to be
15used for cemetery development purposes in certain situations.
16The bill prohibits the commission of veterans affairs (CVA)
17from using any moneys appropriated to the CVA in a fiscal
18quarter in an amount greater than 30 percent of the moneys
19appropriated.
20The bill requires, for an applicant to be eligible to
21receive benefits from the veterans trust fund, the applicant’s
22household income, benefits from the federal veterans pension
23program, service-connected disability income, and social
24security income to be at or below 200 percent of the federal
25poverty level for a family of applicable size in effect on
26the date the application was received by a county director of
27veterans affairs. The CVA may waive income requirements if all
28the applicant’s income is from a fixed source and all other
29sources of assistance have been exhausted.
30The bill also requires, for an applicant to be eligible to
31receive benefits from the veterans trust fund, the applicant’s
32available liquid assets to be equal to or less than $15,000.
33The bill defines “available liquid assets” as cash on
34hand, cash in a checking or savings account, stocks, bonds,
35certificates of deposit, treasury bills, and money market funds
-3-1and other liquid investments owned individually or jointly by
2the applicant and the applicant’s spouse. However, an asset
3is not an available liquid asset if it is the cash surrender
4value of a life insurance policy, real property, an established
5burial account, or a personal vehicle. An asset is also not
6an available liquid asset if it is a fund deposited in an
7individual retirement account in accordance with section 408(a)
8of the federal Internal Revenue Code, a self-employed pension
9plan (a Keogh plan or H.R. 10 plan), or a deferred compensation
10plan that the applicant may not withdraw from without incurring
11a penalty.
12The bill limits the benefits an individual may receive from
13the veterans trust fund to $5,000 in any calendar year and
14$10,000 for the lifetime of the individual.
15The bill directs the director of the department of veterans
16affairs to oversee the management of the veterans trust fund,
17including compliance with limits on grant amounts, the timely
18distribution of moneys, and the application of procedures to
19ensure applicant eligibility.
20The bill requires any grant of moneys from the veterans trust
21fund to be subject to final approval by the director of the
22department of veterans affairs or the director’s designee.
23The bill makes conforming changes to Code section 35A.13,
24subsection 4, paragraph “d”, and subsection 7, paragraph “l”.
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