Bill Text: IA HF256 | 2011-2012 | 84th General Assembly | Introduced


Bill Title: A bill for an act relating to the duties and rulemaking authority of the commission on veterans affairs. (See Cmte. Bill HF 363)

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF256 Detail]

Download: Iowa-2011-HF256-Introduced.html
House File 256 - Introduced HOUSE FILE 256 BY WINDSCHITL A BILL FOR An Act relating to the duties and rulemaking authority of the 1 commission on veterans affairs. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1156YH (4) 84 aw/rj
H.F. 256 Section 1. Section 35A.3, subsection 2, Code 2011, is 1 amended to read as follows: 2 2. Review Adopt rules pursuant to chapter 17A to carry 3 out the provisions of this chapter after reviewing proposed 4 rules submitted by the department concerning the management 5 and operation of the department as provided in section 35A.5 . 6 Unless the commission votes to disapprove a proposed rule 7 on a two-thirds vote at the earlier of the next regularly 8 scheduled meeting of the commission or a special meeting of the 9 commission called by the commission within thirty days of the 10 date the proposed rule is submitted, the department may proceed 11 to adopt the rule. 12 Sec. 2. Section 35A.5, subsection 9, Code 2011, is amended 13 to read as follows: 14 9. After consultation with the commission, provide 15 certification training to executive directors and 16 administrators of county commissions of veteran affairs 17 pursuant to section 35B.6 . Training provided under this 18 subsection shall include accreditation by the national 19 association of county veteran service officers. Training 20 provided by the department shall be certified by the national 21 association of county veteran service officers and, in 22 addition, shall ensure that each executive director and 23 administrator is proficient in the use of electronic mail, 24 general computer use, and use of the internet to access 25 information regarding facilities, benefits, and services 26 available to veterans and their families. The department 27 commission may adopt rules in accordance with chapter 17A 28 to provide for training of county veteran affairs executive 29 directors and administrators. 30 Sec. 3. Section 35A.5, subsection 12, Code 2011, is amended 31 to read as follows: 32 12. Adopt Submit proposed rules pursuant to chapter 17A 33 and to establish policy for the management and operation of 34 the department . Prior to adopting rules, the department shall 35 -1- LSB 1156YH (4) 84 aw/rj 1/ 4
H.F. 256 submit proposed rules to the commission for review adoption 1 pursuant to the requirements of section 35A.3 . 2 Sec. 4. Section 35A.8, subsection 4, paragraph a, Code 2011, 3 is amended to read as follows: 4 a. The executive director shall provide for the 5 administration of the bonus authorized in this subsection . The 6 department commission shall adopt rules, pursuant to chapter 7 17A , as necessary to administer this subsection including , but 8 not limited to , application procedures, investigation, approval 9 or disapproval, and payment of claims. 10 Sec. 5. Section 35A.8, subsection 5, paragraph a, Code 2011, 11 is amended to read as follows: 12 a. The executive director shall provide for the 13 administration of the bonus authorized in this subsection . The 14 department commission shall adopt rules, pursuant to chapter 15 17A , as necessary to administer this subsection including but 16 not limited to application procedures, investigation, approval 17 or disapproval, and payment of claims. 18 Sec. 6. Section 35A.8A, subsection 7, Code 2011, is amended 19 to read as follows: 20 7. The executive director of the department of veterans 21 affairs shall provide for the administration of the bonus 22 authorized in this section . The department commission 23 shall adopt rules, pursuant to chapter 17A , as necessary 24 to administer this section including but not limited to 25 application procedures, investigation, approval or disapproval, 26 and payment of claims. The department commission may expend 27 up to one percent of the moneys appropriated for the bonus 28 compensation authorized under this section for administrative 29 costs associated with the requirements of this section . 30 Sec. 7. Section 35A.13, subsection 5, Code 2011, is amended 31 to read as follows: 32 5. It is the intent of the general assembly that beginning 33 with the fiscal year beginning July 1, 2008, appropriations 34 be made annually to the veterans trust fund. Prior to any 35 -2- LSB 1156YH (4) 84 aw/rj 2/ 4
H.F. 256 additional appropriations to this fund, the department 1 commission shall provide the general assembly with information 2 identifying immediate and long-term veteran services throughout 3 the state and a plan for delivering those services. 4 Sec. 8. Section 35A.13, subsection 9, Code 2011, is amended 5 by striking the subsection. 6 Sec. 9. Section 35A.14, subsection 5, unnumbered paragraph 7 1, Code 2011, is amended to read as follows: 8 The department commission shall adopt rules governing the 9 distribution of grants under this section in accordance with 10 the following: 11 Sec. 10. Section 35A.17, subsection 4, Code 2011, is amended 12 to read as follows: 13 4. The department commission shall adopt rules, pursuant 14 to chapter 17A , deemed necessary for the administration of the 15 county commission of veteran affairs training program. 16 Sec. 11. Section 36.8, Code 2011, is amended to read as 17 follows: 18 36.8 Rules. 19 The department commission shall adopt rules pursuant to 20 chapter 17A to implement this chapter . 21 Sec. 12. Section 36.9, Code 2011, is amended to read as 22 follows: 23 36.9 Appropriations. 24 This chapter shall be implemented by the department 25 commission each fiscal year that appropriations are made to the 26 department commission for the implementation. 27 EXPLANATION 28 This bill makes changes relative to the duties and 29 responsibilities of the department of veterans affairs and the 30 commission on veterans affairs. The bill places all rulemaking 31 authority with the commission and removes rulemaking authority 32 from the department in all instances. 33 The bill specifies that this authority extends to rules for 34 the provision of training to county veteran affairs executive 35 -3- LSB 1156YH (4) 84 aw/rj 3/ 4
H.F. 256 directors and administrators. The bill further specifies 1 that the commission may adopt rules related to veterans 2 bonus application procedures, investigations, approvals or 3 disapprovals, and payments. 4 The bill requires that the commission identify and report 5 to the legislature on the short and long-term goals of the 6 veterans trust fund, prior to any future appropriations by 7 the general assembly. The bill strikes emergency rulemaking 8 authority over the veterans trust fund. 9 The bill also shifts rulemaking authority over the injured 10 veterans grant program and the county commission of veteran 11 affairs training program to the commission from the department. 12 The bill further shifts rulemaking authority to the 13 commission from the department for issues regarding medical 14 reporting requirements related to veterans exposed to chemicals 15 while serving in the armed forces. 16 The bill finally allows the department to propose 17 rules regarding policy for the management and operation 18 of the department to the commission for the commission’s 19 consideration. 20 -4- LSB 1156YH (4) 84 aw/rj 4/ 4
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