Bill Summary – FastDemocracy

Senate File 444 - Introduced
                                  SENATE FILE 444
                                  BY COMMITTEE ON VETERANS
                                      AFFAIRS
                                  (SUCCESSOR TO SF 236)
                                  (COMPANION TO HF 259 BY
                                   COMMITTEE ON VETERANS AFFAIRS)
                            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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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    Section 1. Section 35.1, subsection 2, Code 2023, is amended
 by striking the subsection and inserting in lieu thereof the
 following:
    2. “Veteran” means a resident of this state who is any of
 the following:
    a. A veteran as defined in 38 C.F.R. §3.1, as amended.
    b. A former member of the reserve forces of the United
 States who served at least twenty years in the reserve forces
 and who was discharged under honorable conditions. However,
 a member of the reserve forces of the United States who
 completed a minimum aggregate of ninety days of federal active
 duty, other than training, and was discharged under honorable
 conditions, or was retired under Tit. 10 of the United States
 Code shall be included as a veteran.
    c. A former member of the Iowa national guard who served
 at least twenty years in the Iowa national guard and who was
 discharged under honorable conditions. However, a member of
 the Iowa national guard who was activated for federal duty,
 other than training, for a minimum aggregate of ninety days,
 and was discharged under honorable conditions or was retired
 under Tit. 10 of the United States Code shall be included as a
 veteran.
    d. A member of the reserve forces of the United States who
 has served at least twenty years in the reserve forces and who
 continues to serve in the reserve forces.
    e. A member of the Iowa national guard who has served at
 least twenty years in the Iowa national guard and who continues
 to serve in the Iowa national guard.
    Sec. 2. Section 35.2, unnumbered paragraph 1, Code 2023, is
 amended to read as follows:
    In order to fulfill any eligibility requirements under
 Iowa law pertaining to veteran status, a veteran described in
 section 35.1, subsection 2, paragraph “b”, subparagraph (6) or
 (7) “d” or “e”, shall submit the veteran’s retirement points
 accounting statement issued by the armed forces of the United
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 States, the state adjutant general, or the adjutant general
 of any other state, to confirm that the person has completed
 twenty years of service with the reserve forces or the national
 guard.
    Sec. 3. Section 35A.3, subsection 7, Code 2023, is amended
 by striking the subsection.
    Sec. 4. Section 35A.5, subsection 6, Code 2023, is amended
 to read as follows:
    6. a. Conduct Administer or conduct one service school
 each year for county commissioners and one service school for
 executive directors and administrators. The service school for
 executive directors and administrators shall provide at least
 sixteen continuing education units.
    b. (1) The department may receive and accept donations,
 grants, gifts, and contributions from any public or private
 source to be used for any of the following purposes:
    (a) Providing payment for training opportunities under
 paragraph “a”.
    (b) Organizing training relating to state programs for
 county commission of veteran affairs executive directors,
 administrators, and commissioners.
    (c) Hiring an agency, organization, or other entity to
 provide training or educational programming.
    (d) Reimbursing county commission of veteran affairs
 executive directors, administrators, and commissioners for
 transportation costs related to a conference, program, or both.
    (e) Verifying a person’s qualifications pursuant to section
 35A.5, subsection 9.
    (2) All funds received by the department for the purposes
 established in subparagraph (1) shall be deposited in
 the county commission of veteran affairs training account
 established in section 35A.16, subsection 4.
    Sec. 5. Section 35A.5, subsection 9, Code 2023, is amended
 by striking the subsection and inserting in lieu thereof the
 following:
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    9. Verify each executive director, administrator, and
 commissioner of a county commission of veteran affairs is fully
 qualified to work in the person’s position. Qualifications
 shall include but not be limited to all of the following:
    a. The person has obtained certification that is federally
 required for the member, executive director, or administrator’s
 position within twelve months of beginning the person’s
 employment.
    b. The person has obtained a personal identification
 verification card necessary to access the veterans benefits
 management system within twelve months of beginning the
 person’s employment.
    c. The person maintains certification that is federally
 required for the member, executive director, or administrator’s
 position.
    d. The person maintains an active personal identification
 verification card and has access to the veterans benefits
 management system.
    e. For executive directors and administrators, the person
 is proficient in the use of electronic mail, general computer
 use, and use of the internet to access information regarding
 facilities, benefits, and services available to veterans and
 their families.
    Sec. 6. Section 35A.13, subsection 3, Code 2023, is amended
 to read as follows:
    3. Moneys credited to the trust fund shall not be
 transferred, used, obligated, appropriated, or otherwise
 encumbered, except as provided in this section. Moneys in the
 trust fund may also be used for cemetery grant development
 purposes provided that any moneys so allocated, except
 for moneys used for department of administrative services
 expenditures related to the grant, are returned to the trust
 fund upon receipt of federal funds received for such purposes.
    Sec. 7. Section 35A.16, subsection 3, paragraph a, Code
 2023, is amended to read as follows:
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    a. If sufficient moneys are available, the department
 shall annually allocate ten thousand dollars to each county
 commission of veteran affairs, or to each county sharing the
 services of an executive director or administrator pursuant
 to chapter 28E, to be used to provide services to veterans
 pursuant to section 35B.6 and provide for and maintain
 accreditation in accordance with the policies and procedures of
 the United States department of veterans affairs. Each county
 receiving an allocation shall annually report on expenditure of
 the allocation in a form agreed to by the department and county
 representatives.
    Sec. 8. Section 35A.16, subsection 4, Code 2023, is amended
 to read as follows:
    4. A county commission of veteran affairs training program
 account shall be established within the county commissions
 of veteran affairs fund. Any moneys remaining in the fund
 after the allocations under subsection 3 shall be credited
 to the account and used by the department to fund the county
 commission of veteran affairs training program under section
 35A.17 35A.5, subsection 6, and training for department
 personnel.
    Sec. 9. Section 35B.3, Code 2023, is amended to read as
 follows:
    35B.3 County commission of veteran affairs.
    The county commission of veteran affairs shall consist
 of either three or five persons, as determined by the board
 of supervisors, all of whom shall be veterans as defined in
 section 35.1. If possible, each member of the commission shall
 be a veteran of a different military action branch. However,
 this qualification does not preclude membership to a veteran
 who served in more than one branch of the military actions.
    Sec. 10. Section 35B.6, subsection 1, paragraph c, Code
 2023, is amended to read as follows:
    c. (1) Upon the employment of an executive director or
 administrator, the executive director or administrator shall
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 complete a course of for the purpose of obtaining certification
 training provided by the department of veterans affairs
 pursuant to section 35A.5 federally required for the person’s
 position and a personal identification verification card
 necessary to access the veterans benefits management system.
 If an executive director or administrator fails to obtain
 certification or a personal identification verification card
 within one year of being employed, the executive director or
 administrator shall be removed from office. The department
 shall issue the executive director or administrator a
 certificate of training after completion of the certification
 training course. To maintain certification, the
    (2) An executive director or administrator shall satisfy
 the continuing education requirements established by the
 national association of county veterans service officers and
 the United States department of veterans affairs. Failure
 of an executive director or administrator to maintain
 certification shall be cause for removal from office. The
 expenses of training the executive director or administrator
 shall be paid from the appropriation authorized in section
 35B.14.
    (3) An executive director or administrator shall satisfy
 the continuing education requirements necessary to maintain an
 active personal identification verification card and access
 to the veterans benefits management system. Failure of an
 executive director or administrator to maintain certification
 and access to the veterans benefits management system shall be
 cause for removal from office.
    Sec. 11. Section 35B.14, subsection 4, Code 2023, is amended
 to read as follows:
    4. Burial expenses shall be paid by the county in which
 the person died resided. If the person is a resident of a
 different county at the time of death, the county of residence
 shall reimburse the county where the person died for the cost
 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
 the funds provided for in this chapter in the manner as other
 claims are audited and paid.
    Sec. 12. Section 426A.12, Code 2023, is amended to read as
 follows:
    426A.12 Exemptions to relatives.
    1. In case any person in the foregoing classifications does
 not claim the exemption from taxation, it shall be allowed in
 the name of the person to the same extent on the property of any
 one of the following persons in the order named:
    a. The spouse, or surviving spouse remaining unmarried,
 of a veteran, as defined in this chapter or in section 35.1,
 subsection 2, paragraph “a” or “b”, where they are living
 together or were living together at the time of the death of
 the veteran.
    b. The parent whose spouse is deceased and who remains
 unmarried, of a veteran, as defined in this chapter or in
 section 35.1, subsection 2, paragraph “a” or “b”, whether living
 or deceased, where the parent is, or was at the time of death of
 the veteran, dependent on the veteran for support.
    c. The minor child, or children owning property as tenants
 in common, of a deceased veteran, as defined in this chapter or
 in section 35.1, subsection 2, paragraph “a” or “b”.
    2. No more than one tax exemption shall be allowed under
 this section or section 426A.11 in the name of a veteran,
 as defined in this chapter or in section 35.1, subsection 2,
 paragraph “a” or “b”.
    Sec. 13. Section 426A.13, subsections 1 and 2, Code 2023,
 are amended to read as follows:
    1. A person named in section 426A.11, who is a resident of
 and domiciled in the state of Iowa, shall receive a reduction
 equal to the exemption, to be made from any property owned
 by the person or owned by a family farm corporation of which
 the person is a shareholder and occupant of the property and
 so designated by proceeding as provided in this section. To
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 be eligible to receive the exemption, the person claiming it
 shall have recorded in the office of the county recorder of
 the county in which is located the property designated for the
 exemption, evidence of property ownership by that person or the
 family farm corporation of which the person is a shareholder
 and the military certificate of satisfactory service, order
 transferring to inactive status, reserve, retirement, order of
 separation from service, honorable discharge or a copy of any
 of these documents of the person claiming or through whom is
 claimed the exemption. In the case of a person claiming the
 exemption as a veteran described in section 35.1, subsection 2,
 paragraph “b”, subparagraph (6) or (7) “d” or “e”, the person
 shall file the statement required by section 35.2.
    2. The person shall file with the appropriate assessor on
 forms obtained from the assessor the claim for exemption for
 the year for which the person is first claiming the exemption.
 The claim shall be filed not later than July 1 of the year
 for which the person is claiming the exemption. The claim
 shall set out the fact that the person is a resident of and
 domiciled in the state of Iowa, and a person within the terms
 of section 426A.11, and shall give the volume and page on which
 the certificate of satisfactory service, order of separation,
 retirement, furlough to reserve, inactive status, or honorable
 discharge or certified copy thereof is recorded in the office
 of the county recorder, and may include the designation of the
 property from which the exemption is to be made, and shall
 further state that the claimant is the equitable or legal owner
 of the property designated or if the property is owned by a
 family farm corporation, that the person is a shareholder of
 that corporation and that the person occupies the property.
 In the case of a person claiming the exemption as a veteran
 described in section 35.1, subsection 2, paragraph “b”,
 subparagraph (6) or (7) “d” or “e”, the person shall file the
 statement required by section 35.2.
    Sec. 14. REPEAL. Sections 35A.17 and 35B.17, Code 2023,
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are repealed.
                                    EXPLANATION
         The inclusion of this explanation does not constitute agreement with
         the explanation’s substance by the members of the general assembly.
    This bill relates to matters under the purview of the
 department of veterans affairs, including county commissions of
 veteran affairs (CCVA) and cemetery expenditures.
    The bill redefines a “veteran” for the purposes of Code
 chapter 35 (veterans affairs) as a resident of this state who
 meets the definition of a veteran as defined in 38 C.F.R. §3.1,
 as amended.
    The bill replaces the department of veterans affairs’
 (VA) duty to conduct a service school each year for county
 commissioners, executive directors, and administrators with the
 duty to administer or conduct one service school each year for
 county commissioners, executive directors, and administrators.
    The bill removes continuing education requirements
 associated with the annual service school provided for county
 commissioners, executive directors, and administrators.
    The bill allows the department to receive and accept
 donations, grants, gifts, and contributions from any public or
 private source to be used for providing payment for training
 opportunities to CCVA commissioners, executive directors,
 and administrators; organizing training relating to state
 programs for CCVA executive directors, administrators, and
 commissioners; hiring an agency, organization, or other entity
 to provide tr