Bill Text: IA HF2505 | 2023-2024 | 90th General Assembly | Introduced

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Bill Title: A bill for an act relating to state services and benefits provided to veterans, including state grants, public assistance programs, business fee waivers, substance use disorder programs, mental health and disability services, undergraduate tuition and fees, disabled veteran tax credits, department of natural resources' licenses and fees, civil litigation priority, vehicle registration fees, and driver's licenses, making penalties applicable, making appropriations, and including effective date provisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2024-02-14 - Introduced, referred to Ways and Means. H.J. 264. [HF2505 Detail]

Download: Iowa-2023-HF2505-Introduced.html

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House File 2505 - Introduced
HOUSE FILE 2505
BY RINKER
A BILL FOR
An Act relating to state services and benefits provided
to veterans, including state grants, public assistance
programs, business fee waivers, substance use disorder
programs, mental health and disability services,
undergraduate tuition and fees, disabled veteran tax
credits, department of natural resources’ licenses and
fees, civil litigation priority, vehicle registration fees,
and driver’s licenses, making penalties applicable, making
appropriations, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
VETERAN PREFERENCE —— STATE GRANTS
Section 1. NEW SECTION . 35.4 Veteran preference —— state
grants.
1. A state agency shall give preference to a veteran over
other applicants of no greater qualifications for the award of
a grant that is overseen, implemented, or funded by the state.
2. For purposes of this section, “state agency” means the
same as defined in section 8.11.
DIVISION II
VETERAN PREFERENCE —— PUBLIC ASSISTANCE PROGRAMS
Sec. 2. NEW SECTION . 35C.10 Veterans preference —— public
assistance programs.
Veterans who are citizens and residents of the United States
are entitled to preference for assistance programs including
but not limited to public assistance pursuant to chapter
239, the family investment program pursuant to chapter 239B,
the supplemental nutrition program for women, infants, and
children, the state child care assistance program established
pursuant to section 237A.13, and the United States department
of housing and urban development housing choice voucher
program.
DIVISION III
BUSINESS FEE WAIVERS
Sec. 3. Section 9.11, unnumbered paragraph 1, Code 2024, is
amended to read as follows:
As used in this subchapter part, unless the context
otherwise requires:
Sec. 4. Section 9.12, Code 2024, is amended to read as
follows:
9.12 Rules.
The secretary shall adopt rules pursuant to chapter 17A
necessary or desirable to administer this subchapter part ,
including by offering and performing extra filing services upon
request by filers. The rules may increase the amount of a
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surcharge implemented, assessed, and collected, or modify the
period of service as provided under this subchapter part .
Sec. 5. NEW SECTION . 9.21 Definitions.
As used in this part, unless the context otherwise requires:
1. “Secretary” means the secretary of state.
2. “Waiver” means a military service filing fee waiver as
provided in sections 9.22 and 9.23.
Sec. 6. NEW SECTION . 9.22 Rules.
1. The secretary of state shall adopt rules pursuant to
chapter 17A necessary or desirable to administer this part.
2. The rules adopted pursuant to subsection 1 shall at least
provide procedures governing a request by a qualified business
entity to receive a military service filing fee waiver from
the secretary, the secretary’s approval or rejection of that
request, and the qualified business entity’s receipt and use of
that waiver by an eligible filer, all as provided in sections
9.24 and 9.25.
Sec. 7. NEW SECTION . 9.23 Fees not subject to waiver.
1. This part does not apply to waive a fee imposed on a
filed select document if the qualified business entity receives
the waiver after the select document is filed, unless the
secretary of state allows for the refund of such fee.
2. This part does not prohibit the refund of a filing fee
otherwise authorized by another provision of law.
Sec. 8. NEW SECTION . 9.24 Military service filing fee
waiver.
Notwithstanding any other provision of law to the contrary,
the secretary of state shall establish a military service
filing fee waiver. The waiver shall apply to select documents,
if filed on behalf of a qualified business entity by an
eligible filer, and approved by the secretary, as provided in
section 9.25.
Sec. 9. NEW SECTION . 9.25 Qualifications for business
entities, eligibility for filers, and selection of documents ——
criteria.
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1. A business entity qualifies to receive a military
service filing fee waiver if the business entity is any of the
following:
a. A domestic limited partnership formed under chapter 488
or a foreign limited partnership transacting business in this
state under that chapter.
b. A domestic limited liability company formed under chapter
489 or a foreign limited liability company doing business in
this state under that chapter.
c. A domestic corporation formed under chapter 490 or a
foreign corporation doing business in this state under that
chapter.
d. A domestic nonprofit corporation formed under chapter 504
or a foreign nonprofit corporation transacting business in this
state under that chapter.
2. An individual is eligible to sign for filing a select
document receiving a waiver on behalf of the qualified business
entity, if the individual is all of the following:
a. An interest holder in the qualified business entity.
b. Any of the following:
(1) An officer or enlisted member serving in the armed
forces of the United States, including any component, part, or
corps of the armed forces of the United States, as described
in chapter 29A.
(2) An officer or enlisted member of the national guard or
organized reserves of the armed forces of the United States;
any regular, reserve, or auxiliary member of the United States
coast guard; or any member of the civil air patrol.
(3) A veteran as defined in section 35.1.
3. A document is selected to receive a waiver only if the
document is named in the following:
a. Section 488.117A, subsection 1, for limited partnerships.
b. Section 489.122, subsection 1, for limited liability
companies.
c. Section 490.122, subsection 1, for corporations.
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d. Section 504.113, subsection 1, for nonprofit
corporations.
4. The secretary by rule may provide for all of the
following:
a. Additional requirements for the qualifications of a
business entity, the eligibility of a filer, or a document’s
selection for waiver.
b. A routine approval process.
Sec. 10. Section 488.117A, subsection 1, unnumbered
paragraph 1, Code 2024, is amended to read as follows:
The Except as provided in subsection 4, the secretary of
state shall collect the following fees when the documents
described in this subsection are delivered to the secretary’s
office for filing:
Sec. 11. Section 488.117A, Code 2024, is amended by adding
the following new subsection:
NEW SUBSECTION . 4. A limited partnership, filing as a
qualified business entity under chapter 9, subchapter II, part
2, may request and shall receive a military service filing fee
waiver for a select document named in subsection 1.
Sec. 12. Section 489.122, subsection 1, unnumbered
paragraph 1, Code 2024, is amended to read as follows:
The Except as provided in subsection 3A, the secretary of
state shall collect the following fees when documents described
in this subsection are delivered to the secretary’s office for
filing:
Sec. 13. Section 489.122, Code 2024, is amended by adding
the following new subsection:
NEW SUBSECTION . 3A. A limited liability company, or foreign
limited liability company, filing as a qualified business
entity under chapter 9, subchapter II, part 2, may request and
shall receive a military service filing fee waiver for a select
document named in subsection 1.
Sec. 14. Section 490.122, subsection 1, unnumbered
paragraph 1, Code 2024, is amended to read as follows:
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The Except as provided in subsection 4, the secretary of
state shall collect the following fees when the documents
described in this subsection are delivered to the secretary of
state for filing:
Sec. 15. Section 490.122, Code 2024, is amended by adding
the following new subsection:
NEW SUBSECTION . 4. A corporation, or a foreign corporation,
filing as a qualified business entity under chapter 9,
subchapter II, part 2, may request and shall receive a military
service filing fee waiver for a select document named in
subsection 1.
Sec. 16. Section 504.113, subsection 1, unnumbered
paragraph 1, Code 2024, is amended to read as follows:
The Except as provided in subsection 4, the secretary of
state shall collect the following fees, as provided by the
secretary of state, when the documents described in this
subsection are delivered for filing:
Sec. 17. Section 504.113, Code 2024, is amended by adding
the following new subsection:
NEW SUBSECTION . 4. A corporation, filing as a qualified
business entity under chapter 9, subchapter II, part 2, may
request and shall receive a military service filing fee waiver
for a select document named in subsection 1.
Sec. 18. EFFECTIVE DATE. This division of this Act takes
effect January 1, 2025.
DIVISION IV
SUBSTANCE USE DISORDER PROGRAMS —— MENTAL HEALTH AND DISABILITY
SERVICES
Sec. 19. NEW SECTION . 125.35 Veterans —— priority
assistance.
Each facility licensed under this chapter that maintains a
wait list for care, maintenance, or treatment of persons with
a substance use disorder shall place a veteran, as defined in
section 35.1, on the wait list in a position that allows the
veteran priority for acceptance into the treatment program
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under section 125.32 before any person on the wait list who is
not a veteran, but after each veteran currently on the wait
list.
Sec. 20. NEW SECTION . 225C.22 Veterans —— priority
assistance.
Each service provider operating through the mental health
and disability services regional service system that maintains
a wait list for mental health or disability services shall
place a veteran, as defined in section 35.1, on the wait list
in a position that allows the veteran to receive the services
before any person on the wait list who is not a veteran, but
after each veteran currently on the wait list.
DIVISION V
WAIVER OF UNDERGRADUATE TUITION AND MANDATORY FEES
Sec. 21. Section 262.9, Code 2024, is amended by adding the
following new subsection:
NEW SUBSECTION . 17A. a. Subject to paragraph “b” , adopt
rules that require institutions of higher education under
its control to waive all undergraduate tuition and mandatory
fees for veterans or a dependent of a veteran, if designated
by a veteran, while the veteran or dependent is enrolled in
the institution of higher education, if all of the following
requirements are satisfied:
(1) The veteran was a resident of this state immediately
prior to joining the armed forces of the United States.
(2) The veteran was discharged from the armed forces of the
United States under honorable conditions.
(3) The veteran resides in this state immediately prior
to applying to enroll, or prior to the dependent applying to
enroll, in the institution of higher education.
b. The rules shall not waive an amount of tuition and
mandatory fees that exceeds the difference between the combined
amount of tuition and mandatory fees charged by the institution
less any federal financial aid award the veteran or dependent
receives under any federal program that provides financial aid
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to veterans.
c. For purposes of this subsection:
(1) “Dependent” means the spouse or child of a veteran.
(2) “Veteran” means the same as defined in section 35.1.
DIVISION VI
DRIVER’S LICENSE —— VETERAN STATUS —— FEES
Sec. 22. Section 321.189, subsection 8, Code 2024, is
amended to read as follows:
8. Veterans Veteran status. A licensee who is an honorably
discharged a veteran of the armed forces of the United States ,
as defined in section 35.1, may request that the license be
marked to reflect the licensee’s veteran status. Upon such
a request, the word “VETERAN” shall be marked prominently on
the face of the license. Such a license shall be issued upon
receipt of satisfactory proof of veteran status pursuant to
procedures established by the department in consultation with
the department of veterans affairs, or upon presentation of
the licensee’s certification of release or discharge from
active duty, DD form 214, to the department at the time of
the licensee’s request, if the form indicates the licensee
was honorably discharged. If the license is issued upon
presentation of the licensee’s certification of release or
discharge from active duty, DD form 214, the department shall
notify the commission of veteran affairs of the county of the
licensee’s residence that the licensee was issued a license
marked to reflect the licensee’s veteran status. After
receiving notification from the department, the commission of
veteran affairs shall initiate contact with the licensee.
Sec. 23. Section 321.191, subsection 10, paragraph a, Code
2024, is amended to read as follows:
a. The fees set forth under subsections 2 , 3, 4, and 5 to an
applicant who is a veteran with a permanent service-connected
disability rating of one hundred percent, as certified by the
United States department of veterans affairs , as defined in
section 35.1 .
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DIVISION VII
VEHICLE REGISTRATION FEES —— VETERANS EXEMPT
Sec. 24. Section 321.105, Code 2024, is amended by adding
the following new subsection:
NEW SUBSECTION . 6. A veteran, as defined in section 35.1,
who is not otherwise exempt under subsection 5, is exempt from
payment of annual registration fees provided in this chapter
for not more than three vehicles registered by the veteran, if
the veteran resides in Iowa. The veteran shall be provided,
without fee, one set of regular registration plates for each
vehicle. In lieu of the set of regular registration plates
available without fee, the veteran may obtain a set of special
registration plates or personalized registration plates issued
under section 321.34 by paying the additional fees associated
with those plates.
DIVISION VIII
DISABLED VETERAN TAX CREDIT
Sec. 25. NEW SECTION . 426D.1 Disabled veterans property
tax credit.
1. For purposes of this section, “qualifying veteran” means
a person who meets the definition of a veteran under section
35.1, and has a disability rating of twenty percent or more as
certified by the United States department of veterans affairs.
2. A qualifying veteran shall be allowed a credit on each
property that is owned solely by the qualifying veteran or
jointly by the qualifying veteran and the qualifying veteran’s
spouse.
3. The amount of the credit under this section on a property
shall be equal to the property tax owed on the property
multiplied by the disability rating given to the qualifying
veteran as certified by the United States department of
veterans affairs, up to a maximum reduction of ten thousand
dollars per property.
4. The credit allowed under this section shall continue
until the later to occur of the following:
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a. The qualifying veteran dies.
b. The qualifying veteran’s surviving spouse dies or the
qualifying veteran’s surviving spouse remarries, whichever is
earlier.
5. a. Except as provided in paragraph “b” , the list of
the names and addresses of individuals allowed a credit under
this section and maintained by the county recorder, county
treasurer, county assessor, city assessor, or other government
body is confidential information and shall not be disseminated
to any person unless otherwise ordered by a court or released
by the lawful custodian of the records pursuant to state or
federal law. The county recorder, county treasurer, county
assessor, city assessor, or other government body responsible
for maintaining the names and addresses of individuals
allowed a credit under this section may display the credit on
individual paper records and individual electronic records,
including display on an internet site.
b. Upon request, a county recorder, county assessor, city
assessor, or other entity may share information as described
in paragraph “a” with a county veterans service officer for
purposes of providing information on benefits and services
available to veterans and their families.
Sec. 26. NEW SECTION . 426D.2 Computation by auditor.
On or before August 1 of each year, the county auditor
shall certify to the county treasurer all claims for disabled
veteran tax credits which have been allowed by the board of
supervisors. Such certificate shall list the total amount
of dollars, listed by taxing district in the county, due for
disabled veteran tax credits claimed and allowed. The county
treasurer shall certify to the department of revenue the amount
of dollars, listed by taxing district in the county, due for
disabled veteran tax credits claimed and allowed.
Sec. 27. NEW SECTION . 426D.3 Certification by director of
revenue.
Sums distributable from the general fund of the state
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shall be allocated annually to the counties of the state.
On September 15 of each year, the director of revenue shall
certify and the department of administrative services shall
draw warrants to the treasurer of each county payable from the
general fund of the state in the amount claimed. Payments
shall be made to the treasurer of each county no later than
September 30 of each year.
Sec. 28. NEW SECTION . 426D.4 Proportionate shares to
districts.
The amount of credits received under this chapter shall be
apportioned by each county treasurer to the several taxing
districts. Each taxing district shall receive its share of the
disabled veteran tax credit allowed in the taxing district on a
property in an amount equal to the proportion of the levy made
by the taxing district in relation to the total of all levies
made on the property.
Sec. 29. NEW SECTION . 426D.5 Setting aside allowance.
If the department of revenue determines that a claim for
disabled veteran tax credit has been allowed by a board of
supervisors which is not justifiable under the law and not
substantiated by proper facts, the department may, at any time
within thirty-six months from July 1 of the year in which
the claim is allowed, set aside the allowance. Notice of
the disallowance shall be given to the county auditor of the
county in which the claim has been improperly granted and a
written notice of the disallowance shall also be addressed
to the claimant at the claimant’s last known address. The
claimant or the board of supervisors may appeal to the
director of revenue within thirty days from the date of the
notice of disallowance. The director shall grant a hearing
and if, upon the hearing, the director determines that the
disallowance was incorrect, the director shall set aside the
disallowance. The director shall notify the claimant and
the board of supervisors of the result of the hearing. The
claimant or the board of supervisors may seek judicial review
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of the action of the director of revenue in accordance with
chapter 17A. If a claim is disallowed by the department of
revenue and not appealed to the director of revenue or appealed
to the director of revenue and subsequently upheld upon final
resolution, including judicial review, the credits allowed and
paid from the general fund of the state become a lien upon the
property on which the credit was originally granted if the
property is still owned by the claimant and not a bona fide
purchaser. The amount owing on the lien shall be collected by
the county treasurer in the same manner as other taxes, and
the collections shall be returned to the department of revenue
and credited to the general fund of the state. The director
of revenue may institute legal proceedings against a disabled
veteran tax credit claimant for the collection of payments made
on disallowed credits.
Sec. 30. NEW SECTION . 426D.6 Forms —— rules.
1. The director of revenue shall prescribe the form for
making a verified statement and designating property for the
disabled veteran tax credit and such other forms as may be
necessary for the proper administration of this chapter. The
department of revenue shall forward to each county auditor
prescribed sample forms.
2. The department of revenue shall adopt rules pursuant to
chapter 17A to implement and administer this chapter.
Sec. 31. NEW SECTION . 426D.7 Excess remitted —— appeals.
1. If the amount of credit apportioned to any property
eligible for a disabled veteran tax credit under this chapter
in any year shall exceed the total tax, exclusive of any
special assessments levied against such property eligible
for the disabled veteran tax credit, then the excess shall
be remitted by the county treasurer to the department of
revenue to be redeposited in the general fund of the state and
reallocated the following year by the department.
2. a. If any claim for a credit made has been denied
by the board of supervisors, and the action is subsequently
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reversed on appeal, the credit shall be allowed on the assessed
valuation, not to exceed the amount of the disabled veteran
tax credit involved in the appeal, as was allowed on other
disabled veteran tax credit valuations for the year or years in
question, and the director of revenue, the county auditor, and
the county treasurer shall credit and change their books and
records accordingly.
b. If the appealing taxpayer has paid one or both of
the installments of the tax payable in the year or years
in question on the disabled veteran tax credit valuation,
remittance shall be made to the county treasurer in the amount
of such credit.
c. The amount of the credit shall be allocated and paid
from the surplus redeposited in the general fund of the state
provided for in subsection 1.
Sec. 32. NEW SECTION . 426D.8 Erroneous credits.
If any claim is allowed, and subsequently reversed on
appeal, any credit shall be void, and the amount of the
credit shall be charged against the property in question, and
the director of revenue, the county auditor, and the county
treasurer shall correct their books and records. The amount of
the erroneous credit, when collected, shall be returned by the
county treasurer to the general fund of the state.
Sec. 33. NEW SECTION . 426D.9 Allowance —— continuing
effectiveness.
1. The assessor shall retain a permanent file of current
disabled veteran tax credit claims filed in the assessor’s
office. The assessor shall file a notice of transfer of
property for which a claim is filed when notice is received
from the office of the county recorder, from the person
who sold or transferred the property, or from the personal
representative of a deceased claimant.
2. The county recorder shall give notice to the assessor
of each transfer of title filed in the recorder’s office. The
notice shall describe the property transferred, the name of the
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person transferring the title to the property, and the name of
the person to whom title to the property has been transferred.
3. Not later than July 6 of each year, the assessor shall
remit the claims and designations of property to the county
auditor with the assessor’s recommendation for allowance
or disallowance. If the assessor recommends disallowance
of a claim, the assessor shall submit the reasons for the
recommendation, in writing, to the county auditor.
4. The county auditor shall forward the claims to the board
of supervisors. The board shall allow or disallow the claims.
If the board disallows a claim, it shall send written notice,
by mail, to the claimant at the claimant’s last known address.
The notice shall state the reasons for disallowing the claim
for the credit. The board is not required to send notice that
a claim is disallowed if the claimant voluntarily withdraws the
claim.
5. Any person whose claim is denied under the provisions
of this chapter may appeal from the action of the board of
supervisors in the district court of the county in which said
claimed disabled veteran tax credit is situated by giving
written notice of such appeal to the county auditor of said
county within twenty days from the date of mailing of notice of
such action by the board of supervisors.
6. Upon adoption of a resolution by the county board of
supervisors, any person may request, in writing, from the
appropriate assessor forms for the filing for a disabled
veteran tax credit. The person may complete the form, which
shall include a statement claiming the disabled veteran tax
credit and designating the property upon which the tax credit
is claimed, and mail or return it to the appropriate assessor.
The signature of the claimant on the claim shall be considered
the claimant’s acknowledgment that all statements and facts
entered on the form are correct to the best of the claimant’s
knowledge.
Sec. 34. NEW SECTION . 426D.10 Penalty.
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Any person making a false affidavit for the purpose of
obtaining the credit provided for in this chapter or who
knowingly receives the credit without being legally entitled to
the credit, shall be guilty of a fraudulent practice.
Sec. 35. NEW SECTION . 426D.11 Appropriations.
There is appropriated from the general fund of the state
the amounts necessary to fund the credits provided under this
chapter.
DIVISION IX
DEPARTMENT OF NATURAL RESOURCES —— LICENSES AND FEES
Sec. 36. Section 455A.14, Code 2024, is amended by adding
the following new subsection:
NEW SUBSECTION . 6. The department shall not require a
veteran to pay a fee established by the department pursuant to
this section. The department of veterans affairs shall assist
the department in verifying the status or claims of applicants
under this subsection. As used in this subsection, “veteran”
means the same as defined in section 35.1.
Sec. 37. NEW SECTION . 462A.5B Veteran registration fee.
A veteran who submits a proper application for a vessel
registration pursuant to section 462A.5 shall receive a
registration certificate from the county recorder without
paying a registration or writing fee. The department of
veterans affairs shall assist the department and the county
recorder’s office in verifying the status or claims of
applicants under this section. As used in this section,
“veteran” means the same as defined in section 35.1.
Sec. 38. Section 483A.1, subsection 1, Code 2024, is amended
to read as follows:
1. a. Except as otherwise provided in this chapter , a
person shall not fish, trap, hunt, pursue, catch, kill, take
in any manner, use, have possession of, sell, or transport
all or a part of any wild animal, bird, game, turtle, or
fish, the protection and regulation of which is desirable for
the conservation of resources of the state, without first
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obtaining a license for that purpose, and the payment of a fee
as established by rules adopted by the commission pursuant to
chapter 17A .
b. A veteran applying for any hunting, fur harvester, or
fishing license issued pursuant to paragraph “a” , whether
general or specific, is not required to pay a fee to obtain
the license. The department of veterans affairs shall assist
the department in verifying the status or claims of applicants
under this paragraph. As used in this paragraph, “veteran”
means the same as defined in section 35.1.
Sec. 39. Section 483A.3, subsection 1, Code 2024, is amended
by adding the following new paragraph:
NEW PARAGRAPH . e. A veteran who has obtained a valid
hunting or fur harvester license pursuant to section 483A.1 is
not required to pay the wildlife habitat fee for that license.
The department of veterans affairs shall assist the department
in verifying the status or claims of applicants under this
paragraph. As used in this paragraph, “veteran” means the same
as defined in section 35.1.
Sec. 40. Section 483A.6, Code 2024, is amended to read as
follows:
483A.6 Trout fishing fee.
Any person required to have a fishing license , except for
a veteran, shall not fish for or possess trout unless that
person has paid the trout fishing fee. The department shall
not require a veteran to pay a trout fishing fee. The proceeds
from the fee shall be used exclusively for the trout program
designated by the commission. The commission may grant a
permit to a community event in which trout will be stocked in
water which that is not designated trout water and a person may
catch and possess trout during the period and from the water
covered by the permit without having paid the trout fishing
fee. For purposes of this section, “veteran” means the same as
defined in section 35.1.
Sec. 41. Section 483A.24, subsections 16 and 19, Code 2024,
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are amended to read as follows:
16. Upon payment of the fee established by rules adopted
pursuant to section 483A.1 application for a lifetime fishing
license or lifetime hunting and fishing combined license, the
department shall issue a lifetime fishing license or lifetime
hunting and fishing combined license to a resident of Iowa
who has served in the armed forces of the United States on
federal active duty and who was disabled or was a prisoner of
war during that veteran’s military service. The department
shall prepare an application to be used by a person requesting
a lifetime fishing license or lifetime hunting and fishing
combined license under this subsection . The department of
veterans affairs shall assist the department in verifying the
status or claims of applicants under this subsection . As used
in this subsection , “disabled” means entitled to a service
connected rating under 38 U.S.C. ch. 11.
19. Upon payment of a fee established by rules adopted
pursuant to section 483A.1 application for a lifetime trout
fishing license, the department shall issue a lifetime trout
fishing license to a person who is at least sixty-five years
of age or to a person who qualifies for the disabled veteran
homestead credit under section 425.15 . The department shall
prepare an application to be used by a person requesting a
lifetime trout fishing license under this subsection .
DIVISION X
CIVIL LITIGATION BY VETERANS
Sec. 42. NEW SECTION . 610B.1 Civil actions or appeals
brought by veterans.
If a person bringing a civil action or appeal is a veteran,
as defined in section 35.1, the court shall make every effort
to grant the veteran priority over other actions brought by
other persons, including granting the highest scheduling
priority to a veteran’s proceedings.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
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the explanation’s substance by the members of the general assembly.
This bill relates to state services and benefits provided to
veterans.
DIVISION I —— VETERANS PREFERENCE —— STATE GRANTS. This
division requires a state agency to give preference to a
veteran over another applicant of similar qualifications for
the award of a grant that is overseen, implemented, or funded
by the state.
DIVISION II —— VETERAN PREFERENCE —— PUBLIC ASSISTANCE
PROGRAMS. This division requires the state to provide
veterans who are citizens and residents of the United States
a preference for assistance programs including but not
limited to public assistance, the family investment program,
the supplemental nutrition program for women, infants, and
children, the state child care assistance program, and the
United States department of housing and urban development
housing choice voucher program.
DIVISION III —— BUSINESS FEE WAIVERS.
BACKGROUND (BUSINESS ENTITIES). A business entity is a
general term for an association formed to conduct business
under several types of organizational structures recognized
by law (e.g., partnership and limited partnership, business
and nonprofit corporation, limited liability company, and
cooperative). Generally, a business entity may be formed as
a domestic business entity in its home state or as a foreign
business entity doing business in a state although it was
formed in another home state. In Iowa, a business entity is
governed under its own dedicated Code chapter, often based
on model legislation with fee amounts reserved for decision
by the enacting body. In Iowa, like most states, a business
entity is under the general authority of the secretary of state
(secretary).
SUMMARY. This division provides that a qualified business
entity that requests and receives a military service filing fee
waiver (waiver) from the secretary is not required to submit
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a fee for filing a number of select documents. The division
specifies qualifications for a business entity, eligibility
for the filer of a select document, and the names of select
documents having fees waived, subject to further requirements
that the secretary may adopt by rule.
STATUTORY ORGANIZATION. The division amends Code chapter
9 establishing the secretary’s office. Specifically, it
enacts new provisions in subchapter II of that Code chapter
which currently includes provisions authorizing extra filing
services. It also amends various Code chapters each of which
governs a specific type of business entity. The division
amends the principal Code section in each such Code chapter
that includes a laundry list of fees for filing documents.
IN DETAIL —— QUALIFIED BUSINESS ENTITIES. First, in order
to receive a waiver, the business entity must be qualified,
meaning that the waiver is limited to a domestic or foreign
limited partnership (Code chapter 488); domestic or foreign
limited liability company (Code chapter 489); domestic or
foreign business corporation (Code chapter 490); and domestic
or foreign nonprofit corporation (Code chapter 504).
IN DETAIL —— ELIGIBLE FILERS. Second, an individual
acting on behalf of the qualified business entity must meet
eligibility criteria. The individual must sign the document;
must be an interest holder in the qualified business entity;
and must be serving in the United States armed forces, the
national guard or organized reserves, the United States coast
guard, or the civil air patrol, or alternatively must be a
veteran.
IN DETAIL —— SELECT DOCUMENTS FOR FILING. Third, the
filed document must be selected to receive the waiver. A
select document may include those associated with the business
entity’s organization, name, registered agent or registered
office, domestication or conversion, merger, dissolution or
reinstatement, foreign registration, correction, validation,
biennial report, or other document required or permitted to be
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filed. The amount of the fee ranges from $100 to $5.
EFFECTIVE DATE. This division takes effect January 1, 2025.
DIVISION IV —— SUBSTANCE USE DISORDER PROGRAMS —— MENTAL
HEALTH AND DISABILITY SERVICES. This division requires
each facility licensed under Code chapter 125 (substance use
disorders) that maintains a wait list for care, maintenance, or
treatment of persons with a substance use disorder to place a
veteran on the wait list in a position that allows the veteran
priority for acceptance into the treatment program before any
person on the wait list who is not a veteran, but after each
veteran currently on the wait list.
The division requires each service provider operating
through the mental health and disability services regional
service system that maintains a wait list for mental health or
disability services to place a veteran on the wait list in a
position that allows the veteran to receive the services before
any person on the wait list who is not a veteran, but after each
veteran currently on the wait list.
DIVISION V —— WAIVER OF UNDERGRADUATE TUITION AND MANDATORY
FEES. This division requires the state board of regents to
adopt rules that waive undergraduate tuition and mandatory fees
for veterans, or a dependent of the veteran, while the veteran
or dependent is enrolled in the institution of higher education
under the board’s control, if the veteran was a resident of
this state immediately prior to joining the armed forces of
the United States, was discharged under honorable conditions,
and resides in this state immediately prior to applying to
enroll, or prior to the dependent applying to enroll, in the
institution.
The division provides that the rules shall not waive
an amount of tuition and mandatory fees that exceeds the
difference between the combined amount of tuition and mandatory
fees charged by the institution less any federal financial aid
award the veteran or dependent receives.
The division defines “dependent” to mean the spouse or child
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of a veteran. The division defines “veteran” by reference to
Code section 35.1.
DIVISION VI —— DRIVER’S LICENSE —— VETERAN STATUS —— FEES.
This division of the bill relates to driver’s licenses issued
to veterans.
Current law requires the department of transportation (DOT)
to mark a driver’s license with the word “VETERAN” if the
applicant is a qualifying veteran. Under Code section 321.189,
a licensee must be an honorably discharged veteran of the armed
forces of the United States to qualify for a veteran status
license. The DOT has adopted administrative rules defining
“veteran” for purposes of licensees requesting a veteran status
license (761 IAC 605.5(7)(e)). The bill strikes certain
existing service qualifications and instead references the
definition of “veteran” provided in Code section 35.1.
Under current law, the DOT is prohibited from charging a fee
to issue a noncommercial driver’s license or license valid for
motorcycles to an applicant who is a veteran with a permanent
service-connected disability rating of 100 percent, as
certified by the United States department of veterans affairs.
The bill prohibits the DOT from charging a fee to issue a
noncommercial driver’s license ($4 per year of validity),
license for chauffeurs ($8 per year of validity), commercial
driver’s license ($8 per year of license validity), or license
valid for motorcycles (an additional fee of $2 per year of
validity) to a veteran, as defined in Code section 35.1.
DIVISION VII —— VEHICLE REGISTRATION FEES —— VETERANS
EXEMPT. This division of the bill relates to registration fees
for vehicles owned by veterans.
Current law exempts seriously disabled veterans who have
been provided with an automobile or other vehicle by the United
States government from paying motor vehicle registration fees.
The bill exempts all other veterans who reside in Iowa from
paying annual vehicle registration fees for not more than three
vehicles registered by the veteran, and provides for one free
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set of regular registration plates for each vehicle. In lieu
of the set of regular registration plates available without
fee, a veteran may obtain a set of special registration plates
or personalized registration plates by paying the additional
fees associated with those plates under current law. Under
current law, several special registration plates relating to
service in the armed forces are available at no charge to
eligible persons.
DIVISION VIII —— DISABLED VETERANS PROPERTY TAX CREDIT.
This division creates a property tax credit for certain
veterans.
The division defines “qualifying veteran” as a person who
meets the definition of a veteran under Code section 35.1
(veterans affairs), and has a disability rating of 20 percent
or more as certified by the United States department of
veterans affairs.
The division allows a qualifying veteran a credit on each
amount of the credit on each property that is owned solely by
the qualifying veteran or jointly by the qualifying veteran and
the qualifying veteran’s spouse. The amount of the credit on
a property is equal to the property tax owed on the property
multiplied by the disability rating given to the qualifying
veteran as certified by the United States department of
veterans affairs, up to a maximum reduction of $10,000 per
property.
The division allows the credit to continue until the later to
occur between the qualifying veteran’s death and the earlier to
occur between the qualifying veteran’s surviving spouse’s death
or remarriage.
Except upon a county veterans service officer’s request for
the purposes of providing information on benefits and services
available to veterans and their families, the bill makes
confidential the list of the names and addresses of individuals
allowed a credit under the bill and maintained by the county
recorder, county treasurer, county assessor, city assessor, or
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other government body. The bill prohibits this information
from being disseminated to any person unless otherwise ordered
by a court or released by the lawful custodian of the records
pursuant to state or federal law. The county recorder, county
treasurer, county assessor, city assessor, or other government
body responsible for maintaining the names and addresses
of individuals allowed a credit may display the credit on
individual paper records and individual electronic records,
including display on an internet site. Upon request, a county
recorder, county assessor, city assessor, or other entity may
share information with a county veterans service officer for
purposes of providing information on benefits and services
available to veterans and their families.
The division requires the department of revenue, the
department of administrative services, county auditors, county
treasurers, and assessors to administer the disabled veteran
tax credit in a manner similar to the military service tax
credit and exemptions in Code chapter 426A.
The division makes any person who makes a false affidavit for
the purpose of obtaining the disabled veteran tax credit or who
knowingly receives the credit without being legally entitled
to the credit guilty of a fraudulent practice. A fraudulent
practice is punishable based on the amount of value involved,
and may range from a simple misdemeanor punishable by a fine up
to $300, to a class “C” felony punishable by confinement for no
more than 10 years and a fine of at least $1,370 but not more
than $13,660.
The division appropriates from the general fund of the state
amounts necessary to fund the disabled veteran tax credit.
DIVISION IX —— DEPARTMENT OF NATURAL RESOURCES — LICENSES
AND FEES. This division provides that the department of
natural resources shall not require a veteran to pay a fee
for camping and use of rental facilities at state parks and
recreation areas. A veteran who applies to register a vessel
for use in Iowa waters shall not be assessed a fee to receive
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the registration certificate. A veteran applying for any
hunting, fur harvester, or fishing license is not required
to pay the license fee nor the wildlife habitat fee, if
applicable. A veteran who was disabled or was a prisoner of
war shall not be assessed a fee in applying for a lifetime
fishing license and a lifetime hunting and fishing combined
license. A veteran may also obtain a lifetime trout fishing
license without paying a fee if the veteran is at least 65
years of age or qualifies for the disabled veteran homestead
credit, and the department of natural resources shall not
require any veteran to pay a trout fishing fee. The department
of veteran affairs shall assist the department of natural
resources in verifying the status and claims of the veterans
applying for recreational privileges for which fees are
generally required.
DIVISION X —— CIVIL LITIGATION BY VETERANS. This division
of the bill requires a court to, when able, grant a veteran
bringing a civil action or appeal priority over other actions
brought by other persons.
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