Bill Text: IA SF236 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: 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.(See SF 444.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-02-28 - Committee report approving bill, renumbered as SF 444. S.J. 443. [SF236 Detail]
Download: Iowa-2023-SF236-Introduced.html
Senate
File
236
-
Introduced
SENATE
FILE
236
BY
SALMON
A
BILL
FOR
An
Act
relating
to
matters
under
the
purview
of
the
department
1
of
veterans
affairs,
including
county
commissions
of
veteran
2
affairs
and
cemetery
expenditures.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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236
Section
1.
Section
35.1,
subsection
2,
Code
2023,
is
amended
1
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
2
following:
3
2.
“Veteran”
means
a
resident
of
this
state
who
is
any
of
4
the
following:
5
a.
A
veteran
as
defined
in
38
C.F.R.
§3.1,
as
amended.
6
b.
A
former
member
of
the
reserve
forces
of
the
United
7
States
who
served
at
least
twenty
years
in
the
reserve
forces
8
and
who
was
discharged
under
honorable
conditions.
However,
9
a
member
of
the
reserve
forces
of
the
United
States
who
10
completed
a
minimum
aggregate
of
ninety
days
of
federal
active
11
duty,
other
than
training,
and
was
discharged
under
honorable
12
conditions,
or
was
retired
under
Tit.
10
of
the
United
States
13
Code
shall
be
included
as
a
veteran.
14
c.
A
former
member
of
the
Iowa
national
guard
who
served
15
at
least
twenty
years
in
the
Iowa
national
guard
and
who
was
16
discharged
under
honorable
conditions.
However,
a
member
of
17
the
Iowa
national
guard
who
was
activated
for
federal
duty,
18
other
than
training,
for
a
minimum
aggregate
of
ninety
days,
19
and
was
discharged
under
honorable
conditions
or
was
retired
20
under
Tit.
10
of
the
United
States
Code
shall
be
included
as
a
21
veteran.
22
d.
A
member
of
the
reserve
forces
of
the
United
States
who
23
has
served
at
least
twenty
years
in
the
reserve
forces
and
who
24
continues
to
serve
in
the
reserve
forces.
25
e.
A
member
of
the
Iowa
national
guard
who
has
served
at
26
least
twenty
years
in
the
Iowa
national
guard
and
who
continues
27
to
serve
in
the
Iowa
national
guard.
28
Sec.
2.
Section
35.2,
unnumbered
paragraph
1,
Code
2023,
is
29
amended
to
read
as
follows:
30
In
order
to
fulfill
any
eligibility
requirements
under
31
Iowa
law
pertaining
to
veteran
status,
a
veteran
described
in
32
section
35.1,
subsection
2
,
paragraph
“b”
,
subparagraph
(6)
or
33
(7)
“d”
or
“e”
,
shall
submit
the
veteran’s
retirement
points
34
accounting
statement
issued
by
the
armed
forces
of
the
United
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States,
the
state
adjutant
general,
or
the
adjutant
general
1
of
any
other
state,
to
confirm
that
the
person
has
completed
2
twenty
years
of
service
with
the
reserve
forces
or
the
national
3
guard.
4
Sec.
3.
Section
35A.3,
subsection
7,
Code
2023,
is
amended
5
by
striking
the
subsection.
6
Sec.
4.
Section
35A.5,
subsection
6,
Code
2023,
is
amended
7
to
read
as
follows:
8
6.
a.
Conduct
Administer
or
conduct
one
service
school
9
each
year
for
county
commissioners
and
one
service
school
for
10
executive
directors
and
administrators.
The
service
school
for
11
executive
directors
and
administrators
shall
provide
at
least
12
sixteen
continuing
education
units.
13
b.
(1)
The
department
may
receive
and
accept
donations,
14
grants,
gifts,
and
contributions
from
any
public
or
private
15
source
to
be
used
for
any
of
the
following
purposes:
16
(a)
Providing
payment
for
training
opportunities
under
17
paragraph
“a”
.
18
(b)
Organizing
training
relating
to
state
programs
for
19
county
commission
of
veteran
affairs
executive
directors,
20
administrators,
and
commissioners.
21
(c)
Hiring
an
agency,
organization,
or
other
entity
to
22
provide
training
or
educational
programming.
23
(d)
Reimbursing
county
commission
of
veteran
affairs
24
executive
directors,
administrators,
and
commissioners
for
25
transportation
costs
related
to
a
conference,
program,
or
both.
26
(e)
Verifying
a
person’s
qualifications
pursuant
to
section
27
35A.5,
subsection
9.
28
(2)
All
funds
received
by
the
department
for
the
purposes
29
established
in
subparagraph
(1)
shall
be
deposited
in
30
the
county
commission
of
veteran
affairs
training
account
31
established
in
section
35A.16,
subsection
4.
32
Sec.
5.
Section
35A.5,
subsection
9,
Code
2023,
is
amended
33
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
34
following:
35
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9.
Verify
each
executive
director,
administrator,
and
1
commissioner
of
a
county
commission
of
veteran
affairs
is
fully
2
qualified
to
work
in
the
person’s
position.
Qualifications
3
shall
include
but
not
be
limited
to
all
of
the
following:
4
a.
The
person
has
obtained
certification
that
is
federally
5
required
for
the
member,
executive
director,
or
administrator’s
6
position
within
twelve
months
of
beginning
the
person’s
7
employment.
8
b.
The
person
has
obtained
a
personal
identification
9
verification
card
necessary
to
access
the
veterans
benefits
10
management
system
within
twelve
months
of
beginning
the
11
person’s
employment.
12
c.
The
person
maintains
certification
that
is
federally
13
required
for
the
member,
executive
director,
or
administrator’s
14
position.
15
d.
The
person
maintains
an
active
personal
identification
16
verification
card
and
has
access
to
the
veterans
benefits
17
management
system.
18
e.
For
executive
directors
and
administrators,
the
person
19
is
proficient
in
the
use
of
electronic
mail,
general
computer
20
use,
and
use
of
the
internet
to
access
information
regarding
21
facilities,
benefits,
and
services
available
to
veterans
and
22
their
families.
23
Sec.
6.
Section
35A.13,
subsection
3,
Code
2023,
is
amended
24
to
read
as
follows:
25
3.
Moneys
credited
to
the
trust
fund
shall
not
be
26
transferred,
used,
obligated,
appropriated,
or
otherwise
27
encumbered,
except
as
provided
in
this
section
.
Moneys
in
the
28
trust
fund
may
also
be
used
for
cemetery
grant
development
29
purposes
provided
that
any
moneys
so
allocated,
except
30
for
moneys
used
for
department
of
administrative
services
31
expenditures
related
to
the
grant,
are
returned
to
the
trust
32
fund
upon
receipt
of
federal
funds
received
for
such
purposes.
33
Sec.
7.
Section
35A.16,
subsection
3,
paragraph
a,
Code
34
2023,
is
amended
to
read
as
follows:
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a.
If
sufficient
moneys
are
available,
the
department
1
shall
annually
allocate
ten
thousand
dollars
to
each
county
2
commission
of
veteran
affairs,
or
to
each
county
sharing
the
3
services
of
an
executive
director
or
administrator
pursuant
4
to
chapter
28E
,
to
be
used
to
provide
services
to
veterans
5
pursuant
to
section
35B.6
and
provide
for
and
maintain
6
accreditation
in
accordance
with
the
policies
and
procedures
of
7
the
United
States
department
of
veterans
affairs
.
Each
county
8
receiving
an
allocation
shall
annually
report
on
expenditure
of
9
the
allocation
in
a
form
agreed
to
by
the
department
and
county
10
representatives.
11
Sec.
8.
Section
35A.16,
subsection
4,
Code
2023,
is
amended
12
to
read
as
follows:
13
4.
A
county
commission
of
veteran
affairs
training
program
14
account
shall
be
established
within
the
county
commissions
15
of
veteran
affairs
fund.
Any
moneys
remaining
in
the
fund
16
after
the
allocations
under
subsection
3
shall
be
credited
17
to
the
account
and
used
by
the
department
to
fund
the
county
18
commission
of
veteran
affairs
training
program
under
section
19
35A.17
35A.5,
subsection
6,
and
training
for
department
20
personnel.
21
Sec.
9.
Section
35B.3,
Code
2023,
is
amended
to
read
as
22
follows:
23
35B.3
County
commission
of
veteran
affairs.
24
The
county
commission
of
veteran
affairs
shall
consist
25
of
either
three
or
five
persons,
as
determined
by
the
board
26
of
supervisors,
all
of
whom
shall
be
veterans
as
defined
in
27
section
35.1
.
If
possible,
each
member
of
the
commission
shall
28
be
a
veteran
of
a
different
military
action
branch
.
However,
29
this
qualification
does
not
preclude
membership
to
a
veteran
30
who
served
in
more
than
one
branch
of
the
military
actions
.
31
Sec.
10.
Section
35B.6,
subsection
1,
paragraph
c,
Code
32
2023,
is
amended
to
read
as
follows:
33
c.
(1)
Upon
the
employment
of
an
executive
director
or
34
administrator,
the
executive
director
or
administrator
shall
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complete
a
course
of
for
the
purpose
of
obtaining
certification
1
training
provided
by
the
department
of
veterans
affairs
2
pursuant
to
section
35A.5
federally
required
for
the
person’s
3
position
and
a
personal
identification
verification
card
4
necessary
to
access
the
veterans
benefits
management
system
.
5
If
an
executive
director
or
administrator
fails
to
obtain
6
certification
or
a
personal
identification
verification
card
7
within
one
year
of
being
employed,
the
executive
director
or
8
administrator
shall
be
removed
from
office.
The
department
9
shall
issue
the
executive
director
or
administrator
a
10
certificate
of
training
after
completion
of
the
certification
11
training
course.
To
maintain
certification,
the
12
(2)
An
executive
director
or
administrator
shall
satisfy
13
the
continuing
education
requirements
established
by
the
14
national
association
of
county
veterans
service
officers
and
15
the
United
States
department
of
veterans
affairs
.
Failure
16
of
an
executive
director
or
administrator
to
maintain
17
certification
shall
be
cause
for
removal
from
office.
The
18
expenses
of
training
the
executive
director
or
administrator
19
shall
be
paid
from
the
appropriation
authorized
in
section
20
35B.14
.
21
(3)
An
executive
director
or
administrator
shall
satisfy
22
the
continuing
education
requirements
necessary
to
maintain
an
23
active
personal
identification
verification
card
and
access
24
to
the
veterans
benefits
management
system.
Failure
of
an
25
executive
director
or
administrator
to
maintain
certification
26
and
access
to
the
veterans
benefits
management
system
shall
be
27
cause
for
removal
from
office.
28
Sec.
11.
Section
35B.14,
subsection
4,
Code
2023,
is
amended
29
to
read
as
follows:
30
4.
Burial
expenses
shall
be
paid
by
the
county
in
which
31
the
person
died
resided
.
If
the
person
is
a
resident
of
a
32
different
county
at
the
time
of
death,
the
county
of
residence
33
shall
reimburse
the
county
where
the
person
died
for
the
cost
34
of
burial.
In
either
case,
the
The
county
board
of
supervisors
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of
the
respective
counties
shall
audit
and
pay
the
account
from
1
the
funds
provided
for
in
this
chapter
in
the
manner
as
other
2
claims
are
audited
and
paid.
3
Sec.
12.
Section
426A.12,
Code
2023,
is
amended
to
read
as
4
follows:
5
426A.12
Exemptions
to
relatives.
6
1.
In
case
any
person
in
the
foregoing
classifications
does
7
not
claim
the
exemption
from
taxation,
it
shall
be
allowed
in
8
the
name
of
the
person
to
the
same
extent
on
the
property
of
any
9
one
of
the
following
persons
in
the
order
named:
10
a.
The
spouse,
or
surviving
spouse
remaining
unmarried,
11
of
a
veteran,
as
defined
in
this
chapter
or
in
section
35.1,
12
subsection
2
,
paragraph
“a”
or
“b”
,
where
they
are
living
13
together
or
were
living
together
at
the
time
of
the
death
of
14
the
veteran.
15
b.
The
parent
whose
spouse
is
deceased
and
who
remains
16
unmarried,
of
a
veteran,
as
defined
in
this
chapter
or
in
17
section
35.1,
subsection
2
,
paragraph
“a”
or
“b”
,
whether
living
18
or
deceased,
where
the
parent
is,
or
was
at
the
time
of
death
of
19
the
veteran,
dependent
on
the
veteran
for
support.
20
c.
The
minor
child,
or
children
owning
property
as
tenants
21
in
common,
of
a
deceased
veteran,
as
defined
in
this
chapter
or
22
in
section
35.1
,
subsection
2
,
paragraph
“a”
or
“b”
.
23
2.
No
more
than
one
tax
exemption
shall
be
allowed
under
24
this
section
or
section
426A.11
in
the
name
of
a
veteran,
25
as
defined
in
this
chapter
or
in
section
35.1
,
subsection
2
,
26
paragraph
“a”
or
“b”
.
27
Sec.
13.
Section
426A.13,
subsections
1
and
2,
Code
2023,
28
are
amended
to
read
as
follows:
29
1.
A
person
named
in
section
426A.11
,
who
is
a
resident
of
30
and
domiciled
in
the
state
of
Iowa,
shall
receive
a
reduction
31
equal
to
the
exemption,
to
be
made
from
any
property
owned
32
by
the
person
or
owned
by
a
family
farm
corporation
of
which
33
the
person
is
a
shareholder
and
occupant
of
the
property
and
34
so
designated
by
proceeding
as
provided
in
this
section
.
To
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be
eligible
to
receive
the
exemption,
the
person
claiming
it
1
shall
have
recorded
in
the
office
of
the
county
recorder
of
2
the
county
in
which
is
located
the
property
designated
for
the
3
exemption,
evidence
of
property
ownership
by
that
person
or
the
4
family
farm
corporation
of
which
the
person
is
a
shareholder
5
and
the
military
certificate
of
satisfactory
service,
order
6
transferring
to
inactive
status,
reserve,
retirement,
order
of
7
separation
from
service,
honorable
discharge
or
a
copy
of
any
8
of
these
documents
of
the
person
claiming
or
through
whom
is
9
claimed
the
exemption.
In
the
case
of
a
person
claiming
the
10
exemption
as
a
veteran
described
in
section
35.1,
subsection
2
,
11
paragraph
“b”
,
subparagraph
(6)
or
(7)
“d”
or
“e”
,
the
person
12
shall
file
the
statement
required
by
section
35.2
.
13
2.
The
person
shall
file
with
the
appropriate
assessor
on
14
forms
obtained
from
the
assessor
the
claim
for
exemption
for
15
the
year
for
which
the
person
is
first
claiming
the
exemption.
16
The
claim
shall
be
filed
not
later
than
July
1
of
the
year
17
for
which
the
person
is
claiming
the
exemption.
The
claim
18
shall
set
out
the
fact
that
the
person
is
a
resident
of
and
19
domiciled
in
the
state
of
Iowa,
and
a
person
within
the
terms
20
of
section
426A.11
,
and
shall
give
the
volume
and
page
on
which
21
the
certificate
of
satisfactory
service,
order
of
separation,
22
retirement,
furlough
to
reserve,
inactive
status,
or
honorable
23
discharge
or
certified
copy
thereof
is
recorded
in
the
office
24
of
the
county
recorder,
and
may
include
the
designation
of
the
25
property
from
which
the
exemption
is
to
be
made,
and
shall
26
further
state
that
the
claimant
is
the
equitable
or
legal
owner
27
of
the
property
designated
or
if
the
property
is
owned
by
a
28
family
farm
corporation,
that
the
person
is
a
shareholder
of
29
that
corporation
and
that
the
person
occupies
the
property.
30
In
the
case
of
a
person
claiming
the
exemption
as
a
veteran
31
described
in
section
35.1,
subsection
2
,
paragraph
“b”
,
32
subparagraph
(6)
or
(7)
“d”
or
“e”
,
the
person
shall
file
the
33
statement
required
by
section
35.2
.
34
Sec.
14.
REPEAL.
Sections
35A.17
and
35B.17,
Code
2023,
35
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are
repealed.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
relates
to
matters
under
the
purview
of
the
5
department
of
veterans
affairs,
including
county
commissions
of
6
veteran
affairs
(CCVA)
and
cemetery
expenditures.
7
The
bill
redefines
a
“veteran”
for
the
purposes
of
Code
8
chapter
35
(veterans
affairs)
as
a
resident
of
this
state
who
9
meets
the
definition
of
a
veteran
as
defined
in
38
C.F.R.
§3.1,
10
as
amended.
11
The
bill
replaces
the
department
of
veterans
affairs’
12
(VA)
duty
to
conduct
a
service
school
each
year
for
county
13
commissioners,
executive
directors,
and
administrators
with
14
the
duty
to
administer
or
provide
for
one
service
school
15
each
year
for
county
commissioners,
executive
directors,
and
16
administrators.
17
The
bill
removes
continuing
education
requirements
18
associated
with
the
annual
service
school
provided
for
county
19
commissioners,
executive
directors,
and
administrators.
20
The
bill
allows
the
department
to
receive
and
accept
21
donations,
grants,
gifts,
and
contributions
from
any
public
or
22
private
source
to
be
used
for
providing
payment
for
training
23
opportunities
to
CCVA
commissioners,
executive
directors,
24
and
administrators;
organizing
training
relating
to
state
25
programs
for
CCVA
executive
directors,
administrators,
and
26
commissioners;
hiring
an
agency,
organization,
or
other
entity
27
to
provide
training
or
educational
programming;
reimbursing
28
CCVA
executive
directors,
administrators,
and
commissioners
29
for
transportation
costs
related
to
a
conference,
program,
or
30
both;
and
verifying
a
person’s
qualifications
to
work
as
a
CCVA
31
commissioner,
executive
director,
or
administrator.
The
bill
32
requires
that
all
funds
received
by
the
VA
for
these
purposes
33
must
be
deposited
in
the
CCVA
training
account.
34
The
bill
replaces
the
VA’s
duty
to
provide
certification
35
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training
to
executive
directors
and
administrators
of
CCVA
with
1
the
duty
to
verify
each
executive
director,
administrator,
2
and
commissioner
of
a
CCVA
is
fully
qualified
to
work
in
3
the
person’s
position.
Such
qualifications
include
but
are
4
not
limited
to
obtaining
certification
that
is
federally
5
required
for
the
member,
executive
director,
or
administrator’s
6
position
within
12
months
of
beginning
the
person’s
employment;
7
obtaining
a
personal
identification
verification
card
necessary
8
to
access
VBMS
within
12
months
of
beginning
the
person’s
9
employment;
maintaining
certification
that
is
federally
10
required
for
the
member,
executive
director,
or
administrator’s
11
position;
maintaining
an
active
personal
identification
12
verification
card
and
has
access
to
VBMS;
having
proficiency
13
in
the
use
of
electronic
mail,
general
computer
use,
and
use
14
of
the
internet
to
access
information
regarding
facilities,
15
benefits,
and
services
available
to
veterans
and
their
families
16
if
the
person
is
an
executive
director
or
administrator.
17
The
bill
prohibits
moneys
in
the
veterans
trust
fund
from
18
being
used
for
cemetery
grant
development
purposes.
19
The
bill
makes
a
nonsubstantive
terminology
change
in
Code
20
section
35B.3.
21
The
bill
requires
a
CCVA
executive
director
or
administrator
22
to
complete
a
course
for
the
purpose
of
obtaining
certification
23
federally
required
for
the
person’s
position
and
a
personal
24
identification
verification
(PIV)
card
necessary
to
access
25
VBMS.
If
an
executive
director
or
administrator
fails
to
26
obtain
certification
or
a
PIV
card
within
one
year
of
being
27
employed,
the
executive
director
or
administrator
shall
be
28
removed
from
office.
Under
current
law,
the
VA
is
required
to
29
provide
the
training
and
issue
a
certificate
of
completion.
30
The
bill
requires
an
executive
director
or
administrator
31
to
satisfy
the
continuing
education
requirements
established
32
by
the
United
States
department
of
veterans
affairs
and
the
33
requirements
necessary
to
maintain
an
active
PIV
card
and
34
access
to
the
VBMS.
Failure
of
an
executive
director
or
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administrator
to
maintain
certification
and
access
to
VBMS
1
shall
be
cause
for
removal
from
office.
2
The
bill
requires
funeral
expenses
for
a
veteran
or
a
3
veteran’s
spouse,
surviving
spouse,
or
child
be
paid
by
the
4
county
in
which
the
person
resided
if
the
veteran
died
without
5
leaving
sufficient
means
to
pay
funeral
expenses.
6
The
bill
makes
conforming
changes
to
Code
sections
35A.3;
7
35A.16,
subsection
4;
35B.14,
subsection
1;
426A.12;
and
8
426A.13.
9
The
bill
repeals
Code
sections
35A.17
(county
commission
of
10
veteran
affairs
training
program)
and
35B.17
(maintenance
of
11
graves).
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