Bill Text: IA SF398 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act creating a post-Vietnam Conflict veterans' bonus fund, providing penalties, and making appropriations. (Formerly SSB 1173.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [SF398 Detail]
Download: Iowa-2011-SF398-Introduced.html
Senate
File
398
-
Introduced
SENATE
FILE
398
BY
COMMITTEE
ON
VETERANS
AFFAIRS
(SUCCESSOR
TO
SSB
1173)
A
BILL
FOR
An
Act
creating
a
post-Vietnam
Conflict
veterans’
bonus
fund,
1
providing
penalties,
and
making
appropriations.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
35A.8,
subsection
5,
Code
2011,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
g.
A
post-Vietnam
Conflict
veterans’
bonus
3
fund
is
created
in
the
state
treasury.
The
post-Vietnam
4
Conflict
veterans’
bonus
fund
shall
consist
of
all
moneys
5
appropriated
to
the
fund
to
pay
the
bonus
compensation
6
authorized
in
section
35A.8B.
On
July
1,
2011,
all
funds
7
remaining
in
the
Vietnam
Conflict
veterans’
bonus
fund
8
created
in
paragraph
“f”
are
appropriated
to
the
post-Vietnam
9
Conflict
veterans’
bonus
fund
created
in
this
paragraph.
10
Notwithstanding
section
12C.7,
interest
or
earnings
on
11
investments
or
time
deposits
of
the
moneys
in
the
post-Vietnam
12
Conflict
veterans’
bonus
fund
shall
be
credited
to
the
bonus
13
fund.
Section
8.33
does
not
apply
to
moneys
appropriated
to
14
the
post-Vietnam
Conflict
veterans’
bonus
fund.
15
Sec.
2.
NEW
SECTION
.
35A.8B
Post-Vietnam
Conflict
veterans’
16
bonus
——
limited
residency
requirement
——
appropriation.
17
1.
a.
A
person
who
served
on
active
duty
for
not
less
18
than
one
hundred
twenty
days
in
the
armed
forces
of
the
United
19
States
at
any
time
between
August
24,
1982,
and
July
31,
1984,
20
both
dates
inclusive,
between
December
20,
1989,
and
January
21
31,
1990,
both
dates
inclusive,
or
between
August
2,
1990,
22
and
February
28,
1991,
both
dates
inclusive,
and
who
was
23
inducted
into
active
duty
service
from
the
state
of
Iowa
and
24
was
honorably
discharged
or
separated
from
active
duty
service,
25
or
is
still
in
active
service
in
an
honorable
status,
or
has
26
been
retired,
or
has
been
furloughed
to
a
reserve,
or
has
been
27
placed
on
inactive
status
is
entitled
to
receive
from
moneys
28
appropriated
for
that
purpose
the
sum
of
seventeen
dollars
and
29
fifty
cents
for
each
month
that
the
person
was
on
active
duty
30
service
in
a
conflict
service
area,
within
the
dates
specified
31
in
this
paragraph.
Compensation
under
this
paragraph
shall
not
32
exceed
a
total
sum
of
five
hundred
dollars.
Compensation
for
a
33
fraction
of
a
month
shall
not
be
considered
unless
the
fraction
34
is
sixteen
days
or
more,
in
which
case
the
fraction
shall
be
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computed
as
a
full
month.
1
b.
A
person
otherwise
qualified
under
paragraph
“a”
except
2
that
the
person
was
on
active
duty
service
but
was
not
present
3
in
a
conflict
service
area
is
entitled
to
receive
from
moneys
4
appropriated
for
that
purpose
the
sum
of
twelve
dollars
and
5
fifty
cents
for
each
month
that
the
person
was
on
active
6
duty
service,
within
the
dates
specified
in
paragraph
“a”
.
7
Compensation
under
this
paragraph
shall
not
exceed
a
total
sum
8
of
three
hundred
dollars.
Compensation
for
a
fraction
of
a
9
month
shall
not
be
considered
unless
the
fraction
is
sixteen
10
days
or
more,
in
which
case
the
fraction
shall
be
computed
as
11
a
full
month.
12
c.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
13
providing
for
the
definition
of
a
conflict
service
area.
14
2.
A
person
otherwise
eligible
to
receive
compensation
15
pursuant
to
subsection
1
shall
be
entitled
to
compensation
16
pursuant
to
this
section
if
all
of
the
following
requirements
17
are
met:
18
a.
The
person
has
not
received
a
bonus
or
compensation
19
similar
to
that
provided
in
this
section
from
this
state
or
20
another
state.
21
b.
The
person
was
on
active
duty
service
after
August
22
24,
1982,
and
the
person
did
not
refuse
on
conscientious,
23
political,
religious,
or
other
grounds,
to
be
subject
to
24
military
discipline.
25
c.
The
person
made
application
for
a
bonus
or
compensation
26
similar
to
that
provided
in
this
section
from
this
state
27
and
was
denied
compensation
because
the
person
did
not
meet
28
applicable
residency
requirements.
29
d.
The
person
files
an
application
for
compensation
under
30
this
section
in
a
manner
determined
by
the
department
of
31
veterans
affairs.
32
3.
The
surviving
unremarried
widow
or
widower,
child
or
33
children,
mother,
father,
or
person
standing
in
loco
parentis,
34
in
the
order
named
and
none
other,
of
any
deceased
person
shall
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be
paid
the
compensation
that
the
deceased
person
would
be
1
entitled
to
pursuant
to
this
section,
if
living.
However,
2
if
any
person
has
died
or
shall
die,
or
is
disabled,
from
3
service-connected
causes
incurred
during
the
period
and
in
the
4
area
from
which
the
person
is
entitled
to
receive
compensation
5
pursuant
to
this
section,
the
person
or
the
first
survivor
as
6
designated
by
this
subsection,
and
in
the
order
named,
shall
be
7
paid
five
hundred
dollars
or
three
hundred
dollars,
whichever
8
maximum
amount
would
have
applied
pursuant
to
subsection
1,
9
paragraph
“a”
or
“b”
,
regardless
of
the
length
of
service.
10
4.
A
person
who
knowingly
makes
a
false
statement
relating
11
to
a
material
fact
in
supporting
an
application
under
this
12
section
is
guilty
of
a
serious
misdemeanor.
A
person
convicted
13
pursuant
to
this
section
shall
forfeit
all
benefits
to
which
14
the
person
may
have
been
entitled
under
this
section.
15
5.
All
payments
and
allowances
made
under
this
section
shall
16
be
exempt
from
taxation,
levy,
and
sale
on
execution.
17
6.
The
bonus
compensation
authorized
under
this
section
18
shall
be
paid
from
moneys
appropriated
for
post-Vietnam
19
Conflict
veterans’
bonuses.
20
7.
The
director
of
the
department
of
veterans
affairs
shall
21
provide
for
the
administration
of
the
bonus
authorized
in
this
22
section.
The
department
shall
adopt
rules,
pursuant
to
chapter
23
17A,
as
necessary
to
administer
this
section
including
but
not
24
limited
to
application
procedures,
investigation,
approval
or
25
disapproval,
and
payment
of
claims.
The
department
may
expend
26
up
to
one
percent
of
the
moneys
appropriated
for
the
bonus
27
compensation
authorized
under
this
section
for
administrative
28
costs
associated
with
the
requirements
of
this
section.
29
Sec.
3.
Section
422.7,
Code
2011,
is
amended
by
adding
the
30
following
new
subsection:
31
NEW
SUBSECTION
.
54.
Subtract,
to
the
extent
included,
the
32
amount
of
any
post-Vietnam
Conflict
veterans
bonus
provided
33
pursuant
to
section
35A.8,
subsection
5,
and
section
35A.8B.
34
EXPLANATION
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This
bill
provides
for
the
creation
of
a
veterans’
bonus
1
fund
within
the
state
treasury
for
the
provision
of
bonuses
to
2
veterans
of
the
United
States
military
who
served
during
the
3
period
of
certain
conflicts.
4
The
bonus
fund
would
be
available
to
certain
members
of
the
5
United
States
armed
forces
who
served
in
active
duty
during
6
the
military
conflicts
in
Lebanon,
Granada,
Panama,
and
the
7
Persian
Gulf.
The
bill
provides
certain
dates
for
the
periods
8
of
these
conflicts.
The
bill
provides
that
veterans
who
served
9
in
conflict
service
areas
during
these
periods
will
receive
10
a
larger
bonus
for
their
service
than
veterans
who
did
not
11
serve
in
a
conflict
service
area.
The
bill
provides
for
the
12
computation
of
such
payments
based
upon
months
of
service
13
either
in
or
outside
of
a
conflict
service
area.
A
person
who
14
served
in
a
conflict
service
area
will
not
receive
more
than
a
15
$500
bonus
and
a
person
who
did
not
serve
in
a
conflict
service
16
area
will
not
receive
more
than
a
$300
bonus
from
the
fund.
17
The
bill
requires
that
a
veteran
must
meet
additional
18
requirements
to
qualify
for
a
bonus.
The
person
must
not
have
19
received
a
similar
bonus
from
this
state
or
any
other
state.
20
The
person
must
not
have
refused
to
be
subject
to
military
21
discipline
on
certain
grounds.
The
person
must
have
applied
22
for
a
similar
bonus
and
been
denied
compensation
because
the
23
person
did
not
meet
residency
requirements.
The
bill
also
24
requires
that
the
person
file
an
application
for
the
bonus
from
25
this
fund
in
order
to
qualify.
26
Certain
other
persons
including
a
surviving
unremarried
27
widow
or
widower,
child
or
children,
mother,
father,
or
person
28
standing
in
loco
parentis
of
any
deceased
person
shall
be
paid
29
the
compensation
that
the
deceased
person
would
have
been
30
entitled
to.
Payments
for
such
compensation
may
be
made
to
the
31
first
survivor
in
the
order
named
and
none
other.
The
bill
32
provides
that
upon
certain
service-related
death
or
disability
33
that
the
veteran
or
first
survivor
will
be
paid
the
highest
34
possible
contribution
permitted
to
that
individual
allowed
by
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the
fund.
1
The
bill
provides
that
knowingly
making
a
false
statement
2
of
material
fact
supporting
an
application
to
receive
these
3
funds
is
a
serious
misdemeanor.
The
bill
also
provides
that
a
4
conviction
on
such
a
charge
would
result
in
forfeiture
of
any
5
rights
to
collect
from
the
fund.
6
Moneys
received
from
the
fund
are
exempt
from
taxation,
7
levy,
and
sale
on
execution.
The
director
of
the
department
of
8
veterans
affairs
is
to
administer
the
fund
and
adopt
rules
as
9
necessary
for
the
fund’s
administration.
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