House File 2505 - Introduced
HOUSE FILE 2505
BY RINKER
A BILL FOR
1 An Act relating to state services and benefits provided
2 to veterans, including state grants, public assistance
3 programs, business fee waivers, substance use disorder
4 programs, mental health and disability services,
5 undergraduate tuition and fees, disabled veteran tax
6 credits, department of natural resources’ licenses and
7 fees, civil litigation priority, vehicle registration fees,
8 and driver’s licenses, making penalties applicable, making
9 appropriations, and including effective date provisions.
10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 DIVISION I
2 VETERAN PREFERENCE —— STATE GRANTS
3 Section 1. NEW SECTION. 35.4 Veteran preference —— state
4 grants.
5 1. A state agency shall give preference to a veteran over
6 other applicants of no greater qualifications for the award of
7 a grant that is overseen, implemented, or funded by the state.
8 2. For purposes of this section, “state agency” means the
9 same as defined in section 8.11.
10 DIVISION II
11 VETERAN PREFERENCE —— PUBLIC ASSISTANCE PROGRAMS
12 Sec. 2. NEW SECTION. 35C.10 Veterans preference —— public
13 assistance programs.
14 Veterans who are citizens and residents of the United States
15 are entitled to preference for assistance programs including
16 but not limited to public assistance pursuant to chapter
17 239, the family investment program pursuant to chapter 239B,
18 the supplemental nutrition program for women, infants, and
19 children, the state child care assistance program established
20 pursuant to section 237A.13, and the United States department
21 of housing and urban development housing choice voucher
22 program.
23 DIVISION III
24 BUSINESS FEE WAIVERS
25 Sec. 3. Section 9.11, unnumbered paragraph 1, Code 2024, is
26 amended to read as follows:
27 As used in this subchapter part, unless the context
28 otherwise requires:
29 Sec. 4. Section 9.12, Code 2024, is amended to read as
30 follows:
31 9.12 Rules.
32 The secretary shall adopt rules pursuant to chapter 17A
33 necessary or desirable to administer this subchapter part,
34 including by offering and performing extra filing services upon
35 request by filers. The rules may increase the amount of a
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1 surcharge implemented, assessed, and collected, or modify the
2 period of service as provided under this subchapter part.
3 Sec. 5. NEW SECTION. 9.21 Definitions.
4 As used in this part, unless the context otherwise requires:
5 1. “Secretary” means the secretary of state.
6 2. “Waiver” means a military service filing fee waiver as
7 provided in sections 9.22 and 9.23.
8 Sec. 6. NEW SECTION. 9.22 Rules.
9 1. The secretary of state shall adopt rules pursuant to
10 chapter 17A necessary or desirable to administer this part.
11 2. The rules adopted pursuant to subsection 1 shall at least
12 provide procedures governing a request by a qualified business
13 entity to receive a military service filing fee waiver from
14 the secretary, the secretary’s approval or rejection of that
15 request, and the qualified business entity’s receipt and use of
16 that waiver by an eligible filer, all as provided in sections
17 9.24 and 9.25.
18 Sec. 7. NEW SECTION. 9.23 Fees not subject to waiver.
19 1. This part does not apply to waive a fee imposed on a
20 filed select document if the qualified business entity receives
21 the waiver after the select document is filed, unless the
22 secretary of state allows for the refund of such fee.
23 2. This part does not prohibit the refund of a filing fee
24 otherwise authorized by another provision of law.
25 Sec. 8. NEW SECTION. 9.24 Military service filing fee
26 waiver.
27 Notwithstanding any other provision of law to the contrary,
28 the secretary of state shall establish a military service
29 filing fee waiver. The waiver shall apply to select documents,
30 if filed on behalf of a qualified business entity by an
31 eligible filer, and approved by the secretary, as provided in
32 section 9.25.
33 Sec. 9. NEW SECTION. 9.25 Qualifications for business
34 entities, eligibility for filers, and selection of documents ——
35 criteria.
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1 1. A business entity qualifies to receive a military
2 service filing fee waiver if the business entity is any of the
3 following:
4 a. A domestic limited partnership formed under chapter 488
5 or a foreign limited partnership transacting business in this
6 state under that chapter.
7 b. A domestic limited liability company formed under chapter
8 489 or a foreign limited liability company doing business in
9 this state under that chapter.
10 c. A domestic corporation formed under chapter 490 or a
11 foreign corporation doing business in this state under that
12 chapter.
13 d. A domestic nonprofit corporation formed under chapter 504
14 or a foreign nonprofit corporation transacting business in this
15 state under that chapter.
16 2. An individual is eligible to sign for filing a select
17 document receiving a waiver on behalf of the qualified business
18 entity, if the individual is all of the following:
19 a. An interest holder in the qualified business entity.
20 b. Any of the following:
21 (1) An officer or enlisted member serving in the armed
22 forces of the United States, including any component, part, or
23 corps of the armed forces of the United States, as described
24 in chapter 29A.
25 (2) An officer or enlisted member of the national guard or
26 organized reserves of the armed forces of the United States;
27 any regular, reserve, or auxiliary member of the United States
28 coast guard; or any member of the civil air patrol.
29 (3) A veteran as defined in section 35.1.
30 3. A document is selected to receive a waiver only if the
31 document is named in the following:
32 a. Section 488.117A, subsection 1, for limited partnerships.
33 b. Section 489.122, subsection 1, for limited liability
34 companies.
35 c. Section 490.122, subsection 1, for corporations.
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1 d. Section 504.113, subsection 1, for nonprofit
2 corporations.
3 4. The secretary by rule may provide for all of the
4 following:
5 a. Additional requirements for the qualifications of a
6 business entity, the eligibility of a filer, or a document’s
7 selection for waiver.
8 b. A routine approval process.
9 Sec. 10. Section 488.117A, subsection 1, unnumbered
10 paragraph 1, Code 2024, is amended to read as follows:
11 The Except as provided in subsection 4, the secretary of
12 state shall collect the following fees when the documents
13 described in this subsection are delivered to the secretary’s
14 office for filing:
15 Sec. 11. Section 488.117A, Code 2024, is amended by adding
16 the following new subsection:
17 NEW SUBSECTION. 4. A limited partnership, filing as a
18 qualified business entity under chapter 9, subchapter II, part
19 2, may request and shall receive a military service filing fee
20 waiver for a select document named in subsection 1.
21 Sec. 12. Section 489.122, subsection 1, unnumbered
22 paragraph 1, Code 2024, is amended to read as follows:
23 The Except as provided in subsection 3A, the secretary of
24 state shall collect the following fees when documents described
25 in this subsection are delivered to the secretary’s office for
26 filing:
27 Sec. 13. Section 489.122, Code 2024, is amended by adding
28 the following new subsection:
29 NEW SUBSECTION. 3A. A limited liability company, or foreign
30 limited liability company, filing as a qualified business
31 entity under chapter 9, subchapter II, part 2, may request and
32 shall receive a military service filing fee waiver for a select
33 document named in subsection 1.
34 Sec. 14. Section 490.122, subsection 1, unnumbered
35 paragraph 1, Code 2024, is amended to read as follows:
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1 The Except as provided in subsection 4, the secretary of
2 state shall collect the following fees when the documents
3 described in this subsection are delivered to the secretary of
4 state for filing:
5 Sec. 15. Section 490.122, Code 2024, is amended by adding
6 the following new subsection:
7 NEW SUBSECTION. 4. A corporation, or a foreign corporation,
8 filing as a qualified business entity under chapter 9,
9 subchapter II, part 2, may request and shall receive a military
10 service filing fee waiver for a select document named in
11 subsection 1.
12 Sec. 16. Section 504.113, subsection 1, unnumbered
13 paragraph 1, Code 2024, is amended to read as follows:
14 The Except as provided in subsection 4, the secretary of
15 state shall collect the following fees, as provided by the
16 secretary of state, when the documents described in this
17 subsection are delivered for filing:
18 Sec. 17. Section 504.113, Code 2024, is amended by adding
19 the following new subsection:
20 NEW SUBSECTION. 4. A corporation, filing as a qualified
21 business entity under chapter 9, subchapter II, part 2, may
22 request and shall receive a military service filing fee waiver
23 for a select document named in subsection 1.
24 Sec. 18. EFFECTIVE DATE. This division of this Act takes
25 effect January 1, 2025.
26 DIVISION IV
27 SUBSTANCE USE DISORDER PROGRAMS —— MENTAL HEALTH AND DISABILITY
28 SERVICES
29 Sec. 19. NEW SECTION. 125.35 Veterans —— priority
30 assistance.
31 Each facility licensed under this chapter that maintains a
32 wait list for care, maintenance, or treatment of persons with
33 a substance use disorder shall place a veteran, as defined in
34 section 35.1, on the wait list in a position that allows the
35 veteran priority for acceptance into the treatment program
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1 under section 125.32 before any person on the wait list who is
2 not a veteran, but after each veteran currently on the wait
3 list.
4 Sec. 20. NEW SECTION. 225C.22 Veterans —— priority
5 assistance.
6 Each service provider operating through the mental health
7 and disability services regional service system that maintains
8 a wait list for mental health or disability services shall
9 place a veteran, as defined in section 35.1, on the wait list
10 in a position that allows the veteran to receive the services
11 before any person on the wait list who is not a veteran, but
12 after each veteran currently on the wait list.
13 DIVISION V
14 WAIVER OF UNDERGRADUATE TUITION AND MANDATORY FEES
15 Sec. 21. Section 262.9, Code 2024, is amended by adding the
16 following new subsection:
17 NEW SUBSECTION. 17A. a. Subject to paragraph “b”, adopt
18 rules that require institutions of higher education under
19 its control to waive all undergraduate tuition and mandatory
20 fees for veterans or a dependent of a veteran, if designated
21 by a veteran, while the veteran or dependent is enrolled in
22 the institution of higher education, if all of the following
23 requirements are satisfied:
24 (1) The veteran was a resident of this state immediately
25 prior to joining the armed forces of the United States.
26 (2) The veteran was discharged from the armed forces of the
27 United States under honorable conditions.
28 (3) The veteran resides in this state immediately prior
29 to applying to enroll, or prior to the dependent applying to
30 enroll, in the institution of higher education.
31 b. The rules shall not waive an amount of tuition and
32 mandatory fees that exceeds the difference between the combined
33 amount of tuition and mandatory fees charged by the institution
34 less any federal financial aid award the veteran or dependent
35 receives under any federal program that provides financial aid
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1 to veterans.
2 c. For purposes of this subsection:
3 (1) “Dependent” means the spouse or child of a veteran.
4 (2) “Veteran” means the same as defined in section 35.1.
5 DIVISION VI
6 DRIVER’S LICENSE —— VETERAN STATUS —— FEES
7 Sec. 22. Section 321.189, subsection 8, Code 2024, is
8 amended to read as follows:
9 8. Veterans Veteran status. A licensee who is an honorably
10 discharged a veteran of the armed forces of the United States,
11 as defined in section 35.1, may request that the license be
12 marked to reflect the licensee’s veteran status. Upon such
13 a request, the word “VETERAN” shall be marked prominently on
14 the face of the license. Such a license shall be issued upon
15 receipt of satisfactory proof of veteran status pursuant to
16 procedures established by the department in consultation with
17 the department of veterans affairs, or upon presentation of
18 the licensee’s certification of release or discharge from
19 active duty, DD form 214, to the department at the time of
20 the licensee’s request, if the form indicates the licensee
21 was honorably discharged. If the license is issued upon
22 presentation of the licensee’s certification of release or
23 discharge from active duty, DD form 214, the department shall
24 notify the commission of veteran affairs of the county of the
25 licensee’s residence that the licensee was issued a license
26 marked to reflect the licensee’s veteran status. After
27 receiving notification from the department, the commission of
28 veteran affairs shall initiate contact with the licensee.
29 Sec. 23. Section 321.191, subsection 10, paragraph a, Code
30 2024, is amended to read as follows:
31 a. The fees set forth under subsections 2, 3, 4, and 5 to an
32 applicant who is a veteran with a permanent service-connected
33 disability rating of one hundred percent, as certified by the
34 United States department of veterans affairs, as defined in
35 section 35.1.
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1 DIVISION VII
2 VEHICLE REGISTRATION FEES —— VETERANS EXEMPT
3 Sec. 24. Section 321.105, Code 2024, is amended by adding
4 the following new subsection:
5 NEW SUBSECTION. 6. A veteran, as defined in section 35.1,
6 who is not otherwise exempt under subsection 5, is exempt from
7 payment of annual registration fees provided in this chapter
8 for not more than three vehicles registered by the veteran, if
9 the veteran resides in Iowa. The veteran shall be provided,
10 without fee, one set of regular registration plates for each
11 vehicle. In lieu of the set of regular registration plates
12 available without fee, the veteran may obtain a set of special
13 registration plates or personalized registration plates issued
14 under section 321.34 by paying the additional fees associated
15 with those plates.
16 DIVISION VIII
17 DISABLED VETERAN TAX CREDIT
18 Sec. 25. NEW SECTION. 426D.1 Disabled veterans property
19 tax credit.
20 1. For purposes of this section, “qualifying veteran” means
21 a person who meets the definition of a veteran under section
22 35.1, and has a disability rating of twenty percent or more as
23 certified by the United States department of veterans affairs.
24 2. A qualifying veteran shall be allowed a credit on each
25 property that is owned solely by the qualifying veteran or
26 jointly by the qualifying veteran and the qualifying veteran’s
27 spouse.
28 3. The amount of the credit under this section on a property
29 shall be equal to the property tax owed on the property
30 multiplied by the disability rating given to the qualifying
31 veteran as certified by the United States department of
32 veterans affairs, up to a maximum reduction of ten thousand
33 dollars per property.
34 4. The credit allowed under this section shall continue
35 until the later to occur of the following:
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