CHAPTER 35A VETERANS AFFAIRS COMMISSION
35A.1 DEFINITIONS.
35A.2 COMMISSION OF VETERANS AFFAIRS.
35A.3 DUTIES OF THE COMMISSION.
35A.4 DEPARTMENT ESTABLISHED.
35A.5 DUTIES OF THE DEPARTMENT.
35A.6 AND 35A.7
35A.8 EXECUTIVE DIRECTOR -- TERM -- DUTIES -- VETERANS' BONUSES.
35A.8A VIETNAM CONFLICT VETERANS BONUS -- LIMITED RESIDENCY REQUIREMENT -- APPROPRIATION.
35A.9 EXPENSES AND COMPENSATION.
35A.10 MULTIYEAR CONSTRUCTION PROGRAM -- CONSTRUCTION, REPAIR, AND IMPROVEMENT PROJECTS.
35A.11 VETERANS LICENSE FEE FUND.
35A.12 MILITARY HONOR GUARD SERVICES.
35A.13 VETERANS TRUST FUND.
35A.14 INJURED VETERANS GRANT PROGRAM.
35A.15 HOME OWNERSHIP ASSISTANCE PROGRAM.
35A.16 COUNTY COMMISSIONS OF VETERAN AFFAIRS FUND -- APPROPRIATION.
35A.17 COUNTY COMMISSION OF VETERAN AFFAIRS TRAINING PROGRAM.
35A.18 PRESENTATION OF FLAGS.



        

35A.1 DEFINITIONS. 1. "Commandant" means the commandant of the Iowa veterans home appointed in section 35D.13. 2. "Commission" means the commission of veterans affairs established in section 35A.2. 3. "Commissioner" means a member of the commission of veterans affairs. 4. "Department" means the Iowa department of veterans affairs established in section 35A.4. 5. "Director" means the executive director appointed pursuant to section 35A.8.

         Section History: Early Form

         [C79, 81, § 35A.1] 

         Section History: Recent Form

         86 Acts, ch 1245, § 1704; 92 Acts, ch 1140, § 7; 2000 Acts, ch
      1058, §7; 2005 Acts, ch 115, §9, 40
        

35A.2 COMMISSION OF VETERANS AFFAIRS. 1. A commission of veterans affairs is created consisting of nine persons who shall be appointed by the governor, subject to confirmation by the senate. Members shall be appointed to staggered terms of four years beginning and ending as provided in section 69.19. The governor shall fill a vacancy for the unexpired portion of the term. In addition to the members appointed by the governor, the director of the department and the commandant of the Iowa veterans home shall serve as nonvoting, ex officio members of the commission. 2. Eight commissioners shall be honorably discharged members of the armed forces of the United States. The American legion of Iowa, disabled American veterans department of Iowa, veterans of foreign wars department of Iowa, American veterans of World War II, Korea, and Vietnam, the Vietnam veterans of America, and the military order of the purple heart, through their department commanders, shall submit two names respectively from their organizations to the governor. The adjutant general and the Iowa affiliate of the reserve officers association shall submit names to the governor of persons to represent the Iowa national guard and the association. The governor shall appoint from the group of names submitted by the adjutant general and reserve officers association two representatives and from each of the other organizations one representative to serve as a member of the commission, unless the appointments would conflict with the bipartisan and gender balance provisions of sections 69.16 and 69.16A. In addition, the governor shall appoint one member of the public, knowledgeable in the general field of veterans affairs, to serve on the commission.

         Section History: Early Form

         [C31, § 446-c1; C35, § 467-f42; C39, § 467.44; C46, 50, §
      29.44; C54, 58, 62, § 29.12; C66, 71, 73, 75, 77, § 29A.12; C79, 81,
      § 35A.2; 81 Acts, ch 33, § 1] 

         Section History: Recent Form

         86 Acts, ch 1245, § 1705, 1706; 92 Acts, ch 1140, § 8; 95 Acts, ch
      67, §6; 95 Acts, ch 161, §1, 2; 2004 Acts, ch 1175, §222, 287; 2007
      Acts, ch 202, §2
         Referred to in § 7E.5, 35A.1, 35A.12, 35D.1
         Confirmation, see § 2.32
        

35A.3 DUTIES OF THE COMMISSION. The commission shall do all of the following: 1. Organize and annually select a chairperson. 2. Review proposed rules submitted by the department concerning the management and operation of the department. Unless the commission votes to disapprove a proposed rule on a two-thirds vote at the earlier of the next regularly scheduled meeting of the commission or a special meeting of the commission called by the commission within thirty days of the date the proposed rule is submitted, the department may proceed to adopt the rule. 3. a. Advise and make recommendations to the department, the general assembly, and the governor concerning issues involving and impacting veterans in this state. b. Advise and make recommendations to the general assembly and the governor concerning the management and operation of the department. 4. Supervise the commandant's administration of commission policy for the operations and conduct of the Iowa veterans home. 5. Conduct an equal number of meetings at Camp Dodge and the Iowa veterans home. The agenda for each meeting shall include a reasonable time period for public comment.

         Section History: Early Form

         [C39, § 482.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §
      35.1; C79, 81, § 35A.3] 

         Section History: Recent Form

         86 Acts, ch 1245, § 1707; 92 Acts, ch 1140, § 9; 94 Acts, ch 1107,
      §3; 95 Acts, ch 161, §3; 2004 Acts, ch 1175, §223; 2005 Acts, ch 115,
      §10, 11, 40; 2007 Acts, ch 202, §3
         Referred to in § 35A.5
        

35A.4 DEPARTMENT ESTABLISHED. There is established an Iowa department of veterans affairs which shall consist of a commission, an executive director, and any additional personnel as employed by the executive director.

         Section History: Recent Form

         2005 Acts, ch 115, §12, 40
         Referred to in § 35.1, 35A.1, 36.1
        

35A.5 DUTIES OF THE DEPARTMENT. The department shall do all of the following: 1. Maintain and disseminate information to veterans and the public regarding facilities, benefits, and services available to veterans and their families and assist veterans and their families in obtaining such benefits and services. 2. Maintain information and data concerning the military service records of Iowa veterans. 3. Assist county veteran affairs commissions established pursuant to chapter 35B. The department shall provide to county commissions suggested uniform benefits and administrative procedures for carrying out the functions and duties of the county commissions. 4. Permanently maintain the records including certified records of bonus applications for awards paid from the war orphans educational fund under chapter 35. 5. Collect and maintain information concerning veterans affairs. 6. Conduct two service schools each year for the Iowa association of county commissioners and executive directors. 7. Assist the United States department of veterans affairs, the Iowa veterans home, funeral directors, and federally chartered veterans service organizations in providing information concerning veterans service records and veterans affairs data. 8. Maintain alphabetically a permanent registry of the graves of all persons who served in the military or naval forces of the United States in time of war and whose mortal remains rest in Iowa. 9. After consultation with the commission, provide certification training to executive directors and administrators of county commissions of veteran affairs pursuant to section 35B.6. Training provided under this subsection shall include accreditation by the national association of county veteran service officers. Training provided by the department shall be certified by the national association of county veteran service officers and, in addition, shall ensure that each executive director and administrator 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. The department may adopt rules in accordance with chapter 17A to provide for training of county veteran affairs executive directors and administrators. 10. Establish and operate a state veterans cemetery and make application to the government of the United States or any subdivision, agency, or instrumentality thereof, for funds for the purpose of establishing such a cemetery. a. The department may enter into agreements with any subdivision of the state for assistance in operating the cemetery. b. The state shall own the land on which the cemetery is located. c. The department shall have the authority to accept federal grant funds, funding from state subdivisions, donations from private sources, and federal "plot allowance" payments. d. The department through the director shall have the authority to accept suitable cemetery land, in accordance with federal veterans cemetery grant guidelines, from the federal government, state government, state subdivisions, private sources, and any other source wishing to transfer land for use as a veterans cemetery. e. The department may lease or use property received pursuant to this subsection for any purpose so long as such leasing or use does not interfere with the use of the property for cemetery purposes and is not contrary to federal or state guidelines. f. All funds received pursuant to this subsection, including lease payments or funds generated from any activity engaged in on any property accepted pursuant to this subsection, shall be deposited into an account dedicated to the establishment, operation, and maintenance of a veterans cemetery and these funds shall be expended only for those purposes. g. Notwithstanding section 8.33, any moneys in the account for a state veterans cemetery shall not revert and, notwithstanding section 12C.7, subsection 2, interest or earnings on moneys deposited in the fund shall be credited to the account. 11. Authorize the sale, trade, or transfer of veterans commemorative property pursuant to chapter 37A. 12. Adopt rules pursuant to chapter 17A and establish policy for the management and operation of the department. Prior to adopting rules, the department shall submit proposed rules to the commission for review pursuant to the requirements of section 35A.3. 13. Provide information requested by the commission concerning the management and operation of the department and the programs administered by the department. 14. Annually, by August 31, prepare and submit a report to the governor and the general assembly relating to county commissions of veteran affairs. Copies of the report shall also be provided to each county board of supervisors and to each county commission of veteran affairs by electronic means. Pursuant to section 35B.11, the department may request any information necessary to prepare the report from each county commission of veteran affairs. The report shall include all of the following: a. Information related to compliance with the training requirements under section 35B.6 during the previous calendar year. b. The weekly operating schedule of each county commission of veteran affairs office maintained under section 35B.6. c. The number of hours of veterans' services provided by each county commission of veteran affairs executive director or administrator during the previous calendar year. d. Population of each county, including the number of veterans residing in each county. e. The total amount of compensation, disability benefits, or pensions received by the residents of each county under laws administered by the United States department of veterans affairs. f. An analysis of the information contained in paragraphs "a" through "e", including an analysis of such information for previous years. 15. Carry out the policies of the department.

         Section History: Recent Form

         2005 Acts, ch 115, §13, 40; 2006 Acts, ch 1107, § 1; 2006 Acts, ch
      1185, §65; 2007 Acts, ch 202, §4, 5; 2008 Acts, ch 1031, § 20; 2008
      Acts, ch 1130, §1, 10; 2009 Acts, ch 26, §4; 2009 Acts, ch 122, §1
         Referred to in § 35A.17, 35B.6
        

35A.6 AND 35A.7 Repealed by 92 Acts, ch 1140, § 38.

35A.8 EXECUTIVE DIRECTOR -- TERM -- DUTIES -- VETERANS' BONUSES. 1. The governor shall appoint an executive director, subject to confirmation by the senate, who shall serve at the pleasure of the governor. The executive director is responsible for administering the duties of the department and the commission other than those related to the Iowa veterans home. 2. The executive director shall be a resident of the state of Iowa and an honorably discharged veteran who served in the armed forces of the United States during a conflict or war. As used in this section, the dates of service in a conflict or war shall coincide with the dates of service established by the Congress of the United States. 3. Except for the employment duties and responsibilities assigned to the commandant for the Iowa veterans home, the executive director shall employ such personnel as are necessary for the performance of the duties and responsibilities assigned to the department and the commission. All employees shall be selected on a basis of fitness for the work to be performed with due regard to training and experience and shall be subject to the provisions of chapter 8A, subchapter IV. 4. a. The executive director shall provide for the administration of the bonus authorized in this subsection. The department shall adopt rules, pursuant to chapter 17A, as necessary to administer this subsection including, but not limited to, application procedures, investigation, approval or disapproval, and payment of claims. b. (1) Each person who served on active duty in the active, oceangoing merchant marine service of the United States, at any time between December 7, 1941, and December 31, 1946, both dates inclusive, and who served for a period of not less than one hundred twenty days on or before December 31, 1946, and who at the time of entering into the merchant marine service was a legal resident of the state of Iowa, and who had maintained the person's residence in this state for a period of at least six months immediately before entering the merchant marine service, and was honorably discharged or separated from the merchant marine service, is entitled to receive from moneys appropriated for that purpose the sum of twelve dollars and fifty cents for each month that the person was on active duty in the merchant marine service, all before December 31, 1946, not to exceed a total sum of five hundred dollars. Compensation for a fraction of a month shall not be considered unless the fraction is sixteen days or more, in which case the fraction shall be computed as a full month. (2) A person is not entitled to compensation pursuant to this subsection if the person received a bonus or compensation similar to that provided in this subsection from another state. (3) A person is not entitled to compensation pursuant to this subsection if the person was on active duty in the merchant marine service after December 7, 1941, and the person refused on conscientious, political, religious, or other grounds, to be subject to military discipline. (4) The surviving unremarried widow or widower, child or children, mother, father, or person standing in loco parentis, in the order named and none other, of any deceased person, shall be paid the compensation that the deceased person would be entitled to pursuant to this subsection, if living, but if any person has died or shall die, or is disabled, from service-connected causes incurred during the period and in the area from which the person is entitled to receive compensation pursuant to this subsection, the person or the first survivor as designated by this subsection, and in the order named, shall be paid five hundred dollars, regardless of the length of service. c. A person who knowingly makes a false statement relating to a material fact in supporting an application under this subsection is guilty of a serious misdemeanor. A person convicted pursuant to this subsection shall forfeit all benefits to which the person may have been entitled under this subsection. d. All payments and allowances made under this subsection shall be exempt from taxation and from levy and sale on execution. e. The bonus compensation authorized under this subsection shall be paid from moneys appropriated for that purpose. f. A merchant marine bonus fund is created in the state treasury. The merchant marine bonus fund shall consist of all moneys appropriated to the fund to pay the bonus compensation authorized in this subsection. Notwithstanding section 12C.7, interest or earnings on investments or time deposits of the moneys in the merchant marine bonus fund shall be credited to the merchant marine bonus fund. Section 8.33 does not apply to moneys appropriated to the merchant marine bonus fund. 5. a. The executive director shall provide for the administration of the bonus authorized in this subsection. The department shall adopt rules, pursuant to chapter 17A, as necessary to administer this subsection including but not limited to application procedures, investigation, approval or disapproval, and payment of claims. b. (1) A person who served on active duty for not less than one hundred twenty days in the armed forces of the United States, and who served on active duty at any time between July 1, 1973, and May 31, 1975, both dates inclusive, and who at the time of entering into active duty service was a legal resident of the state of Iowa, and who had maintained the person's residence in this state for a period of at least six months immediately before entering into active duty service, and was honorably discharged or separated from active duty service, or is still in active service in an honorable status, or has been retired, or has been furloughed to a reserve, or has been placed on inactive status is entitled to receive from moneys appropriated for that purpose the sum of seventeen dollars and fifty cents for each month that the person was on active duty service in the Vietnam service area, within the dates specified in this subparagraph, if the veteran earned either a Vietnam service medal or an armed forces expeditionary medal-Vietnam or can otherwise establish service in the Vietnam service area during that period. Compensation under this subparagraph shall not exceed a total sum of five hundred dollars. Compensation for a fraction of a month shall not be considered unless the fraction is sixteen days or more, in which case the fraction shall be computed as a full month. (2) A person otherwise qualified under this paragraph "b" except that the person did not earn either a Vietnam service medal or an armed forces expeditionary medal-Vietnam, and did not serve in the Vietnam service area during the period between July 1, 1973, and May 31, 1975, both dates inclusive, is entitled to receive from moneys appropriated for that purpose the sum of twelve dollars and fifty cents for each month that the person was on active duty service, within the dates specified in subparagraph (1). Compensation under this subparagraph shall not exceed a total sum of three hundred dollars. Compensation for a fraction of a month shall not be considered unless the fraction is sixteen days or more, in which case the fraction shall be computed as a full month. (3) A person is not entitled to compensation pursuant to this subsection if the person received a bonus or compensation similar to that provided in this subsection from another state. (4) A person is not entitled to compensation pursuant to this subsection if the person was on active duty service after July 1, 1973, and the person refused on conscientious, political, religious, or other grounds, to be subject to military discipline. (5) The surviving unremarried widow or widower, child or children, mother, father, or person standing in loco parentis, in the order named and none other, of any deceased person shall be paid the compensation that the deceased person would be entitled to pursuant to this subsection, if living. However, if any person has died or shall die, or is disabled, from service-connected causes incurred during the period and in the area from which the person is entitled to receive compensation pursuant to this subsection, the person or the first survivor as designated by this subparagraph, and in the order named, shall be paid five hundred dollars or three hundred dollars, whichever maximum amount would have applied pursuant to subparagraph (1) or (2), regardless of the length of service. (6) The maximum compensation a person may receive pursuant to this subsection shall be reduced by the amount of any Vietnam veterans bonus received from the state by that person for service prior to July 1, 1973.{ c. A person who knowingly makes a false statement relating to a material fact in supporting an application under this subsection is guilty of a serious misdemeanor. A person convicted pursuant to this subsection shall forfeit all benefits to which the person may have been entitled under this subsection. d. All payments and allowances made under this subsection shall be exempt from taxation, levy, and sale on execution. e. The bonus compensation authorized under this subsection shall be paid from moneys appropriated for that purpose. f. A Vietnam Conflict veterans bonus fund is created in the state treasury. The Vietnam Conflict veterans bonus fund shall consist of all moneys appropriated to the fund to pay the bonus compensation authorized in this subsection. Notwithstanding section 12C.7, interest or earnings on investments or time deposits of the moneys in the Vietnam Conflict veterans bonus fund shall be credited to the bonus fund. Section 8.33 does not apply to moneys appropriated to the Vietnam Conflict veterans bonus fund.

         Section History: Early Form

         [C79, 81, § 35A.8] 

         Section History: Recent Form

         86 Acts, ch 1245, § 1710; 92 Acts, ch 1140, § 10; 92 Acts, ch
      1247, § 28; 99 Acts, ch 180, §5; 2000 Acts, ch 1218, §1; 2003 Acts,
      ch 145, §148; 2005 Acts, ch 115, §14, 40; 2007 Acts, ch 176, §1, 3;
      2007 Acts, ch 202, §6; 2008 Acts, ch 1031, § 21; 2008 Acts, ch 1191,
      § 35, 36, 106
         Referred to in § 35A.1, 422.7
         Confirmation, see § 2.32
         {See 1973 Iowa Acts, ch 64; codified at former chapter 35C, Code
      1975
        

35A.8A VIETNAM CONFLICT VETERANS BONUS -- LIMITED RESIDENCY REQUIREMENT -- APPROPRIATION. 1. a. A person who served on active duty for not less than one hundred twenty days in the armed forces of the United States at any time between July 1, 1958, and May 31, 1975, both dates inclusive, and who was inducted into active duty service from the state of Iowa and was honorably discharged or separated from active duty service, or is still in active service in an honorable status, or has been retired, or has been furloughed to a reserve, or has been placed on inactive status is entitled to receive from moneys appropriated for that purpose the sum of seventeen dollars and fifty cents for each month that the person was on active duty service in the Vietnam service area, within the dates specified in this paragraph, if the veteran earned either a Vietnam service medal or an armed forces expeditionary medal-Vietnam or can otherwise establish service in the Vietnam service area during that period. Compensation under this paragraph shall not exceed a total sum of five hundred dollars. Compensation for a fraction of a month shall not be considered unless the fraction is sixteen days or more, in which case the fraction shall be computed as a full month. b. A person otherwise qualified under paragraph "a" except that the person did not earn either a Vietnam service medal or an armed forces expeditionary medal-Vietnam and did not serve in the Vietnam service area during the period between July 1, 1958, and May 31, 1975, both dates inclusive, is entitled to receive from moneys appropriated for that purpose the sum of twelve dollars and fifty cents for each month that the person was on active duty service, within the dates specified in paragraph "a". Compensation under this paragraph shall not exceed a total sum of three hundred dollars. Compensation for a fraction of a month shall not be considered unless the fraction is sixteen days or more, in which case the fraction shall be computed as a full month. 2. A person otherwise eligible to receive compensation pursuant to subsection 1 shall be entitled to compensation pursuant to this section if all of the following requirements are met: a. The person has not received a bonus or compensation similar to that provided in this section from this state or another state. b. The person was on active duty service after July 1, 1958, and the person did not refuse on conscientious, political, religious, or other grounds, to be subject to military discipline. c. The person made application for a bonus or compensation similar to that provided in this section from this state and was denied compensation because the person did not meet applicable residency requirements. d. The person files an application for compensation under this section in a manner determined by the department of veterans affairs by July 1, 2010. 3. The surviving unremarried widow or widower, child or children, mother, father, or person standing in loco parentis, in the order named and none other, of any deceased person shall be paid the compensation that the deceased person would be entitled to pursuant to this section, if living. However, if any person has died or shall die, or is disabled, from service-connected causes incurred during the period and in the area from which the person is entitled to receive compensation pursuant to this section, the person or the first survivor as designated by this subsection, and in the order named, shall be paid five hundred dollars or three hundred dollars, whichever maximum amount would have applied pursuant to subsection 1, paragraph "a" or "b", regardless of the length of service. 4. A person who knowingly makes a false statement relating to a material fact in supporting an application under this section is guilty of a serious misdemeanor. A person convicted pursuant to this section shall forfeit all benefits to which the person may have been entitled under this section. 5. All payments and allowances made under this section shall be exempt from taxation, levy, and sale on execution. 6. The bonus compensation authorized under this section shall be paid from moneys appropriated for Vietnam Conflict veterans' bonuses. 7. The executive director of the department of veterans affairs shall provide for the administration of the bonus authorized in this section. The department shall adopt rules, pursuant to chapter 17A, as necessary to administer this section including but not limited to application procedures, investigation, approval or disapproval, and payment of claims. The department may expend up to one percent of the moneys appropriated for the bonus compensation authorized under this section for administrative costs associated with the requirements of this section. 8. This section is repealed June 30, 2011.

         Section History: Recent Form

         2008 Acts, ch 1131, §1, 3
         Referred to in § 422.7
        

35A.9 EXPENSES AND COMPENSATION. The commissioners are entitled to receive reimbursement for actual expenses incurred while engaged in the performance of official duties. Each member of the commission may also be eligible to receive compensation as provided in section 7E.6. 1. The executive director, commandant, and employees of the department and the Iowa veterans home are entitled to receive, in addition to salary, reimbursement for actual expenses incurred while engaged in the performance of official duties. 2. All out-of-state travel by commissioners, the executive director, the commandant, or employees of the department or the Iowa veterans home shall be approved by the chairperson of the commission.

         Section History: Early Form

         [C79, 81, § 35A.9] 

         Section History: Recent Form

         86 Acts, ch 1245, § 1711; 92 Acts, ch 1140, § 11; 2005 Acts, ch
      115, §15, 40
         Referred to in § 35D.14
        

35A.10 MULTIYEAR CONSTRUCTION PROGRAM -- CONSTRUCTION, REPAIR, AND IMPROVEMENT PROJECTS. 1. The commission shall work with the department of administrative services to prepare and submit to the director of the department of management, as provided in section 8.23, a multiyear construction program including estimates of the expenditure requirements for the construction, repair, or improvement of buildings, grounds, or equipment at the commission of veterans affairs building at Camp Dodge and the Iowa veterans home in Marshalltown. 2. The commandant and the commission shall have plans and specifications prepared by the department of administrative services for authorized construction, repair, or improvement projects in excess of the competitive bid threshold in section 26.3, or as established in section 314.1B. An appropriation for a project shall not be expended until the department of administrative services has adopted plans and specifications and has completed a detailed estimate of the cost of the project, prepared under the supervision of a registered architect or licensed professional engineer. 3. The director of the department of administrative services shall, in writing, let all contracts for authorized improvements in excess of the competitive bid threshold in section 26.3, or as established in section 314.1B in accordance with chapter 8A, subchapter III, and chapter 26. The director of the department of administrative services shall not authorize payment for construction purposes until satisfactory proof has been furnished by the proper officer or supervising architect that the parties have complied with the contract.

         Section History: Recent Form

         96 Acts, ch 1218, §29; 2003 Acts, ch 145, §149; 2006 Acts, ch
      1017, §18, 42, 43; 2007 Acts, ch 126, §14
        

35A.11 VETERANS LICENSE FEE FUND. A veterans license fee fund is created in the state treasury under the control of the commission. Notwithstanding section 12C.7, interest or earnings on moneys in the veterans license fee fund shall be credited to the veterans license fee fund. Moneys in the fund are appropriated to the commission to be used to fulfill the responsibilities of the commission. The fund shall include the fees credited by the treasurer of state from the sale of the following special motor vehicle registration plates: 1. Veteran special plates issued pursuant to section 321.34, subsection 13, paragraph "d". 2. National guard special plates issued pursuant to section 321.34, subsection 16. 3. Pearl Harbor special plates issued pursuant to section 321.34, subsection 17. 4. Purple heart special plates issued pursuant to section 321.34, subsection 18. 5. United States armed forces retired special plates issued pursuant to section 321.34, subsection 19. 6. Silver star and bronze star special plates issued pursuant to section 321.34, subsection 20. 7. Distinguished service cross, navy cross, and air force cross special plates issued pursuant to section 321.34, subsection 20A. 8. Soldier's medal, navy and marine corps medal, and airman's medal special plates issued pursuant to section 321.34, subsection 20B. 9. Gold star special plates issued pursuant to section 321.34, subsection 24.

         Section History: Recent Form

         99 Acts, ch 201, §8; 2007 Acts, ch 178, §1, 3; 2007 Acts, ch 184,
      §1, 7
         Referred to in § 321.34
        

35A.12 MILITARY HONOR GUARD SERVICES. An honor guard unit made up of members of a recognized military veterans organization as listed in section 35A.2 or 37.2, the Iowa national guard, the reserve forces of the United States, or a reserve officers training corps shall be allowed to perform any honor guard service on public property.

         Section History: Recent Form

         2001 Acts, ch 96, §1; 2002 Acts, ch 1037, § 1
        

35A.13 VETERANS TRUST FUND. 1. For the purposes of this section, "veteran" means the same as defined in section 35.1 or a resident of this state who served in the armed forces of the United States, completed a minimum aggregate of ninety days of active federal service, and was discharged under honorable conditions. 2. A veterans trust fund is created in the state treasury under the control of the commission. 3. The trust fund shall consist of all of the following: a. Moneys in the form of a devise, gift, bequest, donation, federal or other grant, reimbursement, repayment, judgment, transfer, payment, or appropriation from any source intended to be used for the purposes of the trust fund. b. Interest attributable to investment of moneys in the fund or an account of the trust fund. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the trust fund shall be credited to the trust fund. 4. 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 be used for cash flow purposes during a fiscal year provided that any moneys so allocated are returned to the trust fund by the end of that fiscal year. 5. The minimum balance of the trust fund required prior to expenditure of moneys from the trust fund is five million dollars. Once the minimum balance is reached, the interest and earnings on the fund and any moneys received under subsection 3, paragraph "a", are appropriated to the commission to be used to achieve the purposes of this section. It is the intent of the general assembly that the balance in the trust fund reach fifty million dollars. 6. It is the intent of the general assembly that beginning with the fiscal year beginning July 1, 2008, appropriations be made annually to the veterans trust fund. Prior to any additional appropriations to this fund, the department shall provide the general assembly with information identifying immediate and long-term veteran services throughout the state and a plan for delivering those services. 7. Moneys appropriated to the commission under this section shall not be used to supplant funding provided by other sources. The moneys may be expended upon a majority vote of the commission membership for the benefit of veterans and the spouses and dependents of veterans, for any of the following purposes: a. Travel expenses for wounded veterans, and their spouses, directly related to follow-up medical care. b. Job training or college tuition assistance for job retraining. c. Unemployment assistance during a period of unemployment due to prolonged physical or mental illness or disability resulting from military service. d. Expenses related to the purchase of durable medical equipment or services to allow veterans to remain in their homes. e. Expenses related to hearing care, dental care, vision care, or prescription drugs. f. Individual counseling or family counseling programs. g. Family support group programs or programs for children of members of the military. h. Honor guard services. i. Expenses related to ambulance and emergency room services for veterans who are trauma patients. j. Emergency expenses related to vehicle repair, housing repair, or temporary housing assistance. k. Expenses related to establishing whether a minor child is a dependent of a deceased veteran. l. Matching funds to veterans organizations to provide for accredited veteran service officers. However, moneys expended for this purpose in a fiscal year shall not exceed the lesser of one hundred fifty thousand dollars or twenty percent of the moneys appropriated to the commission from interest and earnings on the fund in that fiscal year. 8. If the commission identifies other purposes for which the moneys appropriated under this section may be used for the benefit of veterans and the spouses and dependents of veterans, the commission shall submit recommendations for the addition of such purposes to the general assembly for review. 9. The commission shall submit an annual report to the general assembly by January 15 of each year concerning the veterans trust fund created by this section. The annual report shall include financial information concerning the moneys in the trust fund and shall also include information on the number, amount, and type of expenditures, if any, from the fund during the prior calendar year for the purposes described in subsection 7. 10. The department may adopt emergency rules under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph "b", to implement the provisions of this section and the rules shall be effective immediately upon filing unless a later date is specified in the rules. Any rules adopted in accordance with this subsection shall also be published as a notice of intended action as provided in section 17A.4.

         Section History: Recent Form

         2003 Acts, ch 131, §1; 2006 Acts, ch 1110, §1, 2; 2006 Acts, ch
      1185, §66--68; 2007 Acts, ch 202, §7; 2008 Acts, ch 1012, § 1; 2008
      Acts, ch 1129, § 1, 2, 3, 9
         Referred to in § 99G.9A, 422.12L 

         Footnotes

         FY 2007-2008 appropriation from veterans trust fund to Vietnam
      Conflict veterans bonus fund; 2007 Acts, ch 176, §3; 2008 Acts, ch
      1187, §68; 2009 Acts, ch 182, §82, 87
         For future amendments to this section effective July 1, 2010, see
      2009 Acts, ch 164, §2, 6, 7
        

35A.14 INJURED VETERANS GRANT PROGRAM. 1. For the purposes of this section, "veteran" means any of the following: a. A resident of this state who is or was a member of the national guard, reserve, or regular component of the armed forces of the United States who has served on active duty at any time after September 11, 2001, and, if discharged, was discharged under honorable conditions. b. A nonresident of this state who is or was a member of a national guard unit located in this state prior to alert for mobilization who has served on active duty at any time after September 11, 2001, was injured while serving in the national guard unit located in this state, is not eligible to receive a similar grant from another state for that injury, and, if discharged, was discharged under honorable conditions. 2. An injured veterans grant program is created under the control of the department for the purpose of providing grants to eligible injured veterans. Providing grants to eligible injured veterans pursuant to this section is deemed to serve a vital and valid public purpose of the state by assisting injured veterans and their families. 3. The department may receive and accept donations, grants, gifts, and contributions from any public or private source for the purpose of providing grants under this section. Moneys received by the department pursuant to this subsection shall be deposited in an injured veterans trust fund which shall be created in the state treasury under the control of the department. Moneys credited to the trust fund are appropriated to the department for the purpose of providing injured veterans grants under this section and shall not be transferred, used, obligated, appropriated, or otherwise encumbered, except as provided in this section. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the trust fund shall be credited to the trust fund. 4. Moneys appropriated to or received by the department for providing injured veterans grants under this section may be expended for grants of up to ten thousand dollars to a seriously injured veteran to provide financial assistance to the veteran so that family members of the veteran may be with the veteran during the veteran's recovery from an injury received in the line of duty in a combat zone or in a zone where the veteran was receiving hazardous duty pay after September 11, 2001. 5. The department shall adopt rules governing the distribution of grants under this section in accordance with the following: a. Grants shall be paid in increments of two thousand five hundred dollars, up to a maximum of ten thousand dollars upon proof that the veteran has been evacuated from the operational theater in which the veteran was injured to a military hospital for an injury received in the line of duty and shall continue to be paid, at thirty-day intervals, up to the maximum amount, so long as the veteran is hospitalized or receiving medical care or rehabilitation services authorized by the military. b. Proof of continued medical care or rehabilitation services may include any reasonably reliable documentation showing that the veteran is receiving continued medical or rehabilitative care as a result of qualifying injuries. Proof that the injury occurred in the line of duty shall be made based upon the circumstances of the injury known at the time of evacuation from the combat zone or zone in which the veteran was receiving hazardous duty pay. c. Grants for veterans injured after September 11, 2001, but prior to May 8, 2006, shall be payable, upon a showing that the veteran would have been eligible for payment had the injury occurred on or after May 8, 2006.

         Section History: Recent Form

         2006 Acts, ch 1106, §1, 4; 2006 Acts, ch 1185, §115; 2007 Acts, ch
      22, §112, 116; 2007 Acts, ch 142, §1, 2
         Referred to in § 422.7 

         Footnotes

         Section is effective May 8, 2006, and applies retroactively on or
      after September 11, 2001, to veterans seriously injured after that
      date; 2006 Acts, ch 1106, §4
        

35A.15 HOME OWNERSHIP ASSISTANCE PROGRAM. Repealed by 2008 Acts, ch 1120, § 2. See § 16.54.

35A.16 COUNTY COMMISSIONS OF VETERAN AFFAIRS FUND -- APPROPRIATION. 1. a. A county commissions of veteran affairs fund is created within the state treasury under the control of the department. The fund shall consist of appropriations made to the fund and any other moneys available to and obtained or accepted by the department from the federal government or private sources for deposit in the fund. b. There is appropriated from the general fund of the state to the department, for the fiscal year beginning July 1, 2009, and for each subsequent fiscal year, the sum of one million dollars to be credited to the county commissions of veteran affairs fund. 2. Notwithstanding section 12C.7, interest or earnings on moneys in the county commissions of veteran affairs fund shall be credited to the county commissions of veteran affairs fund. Notwithstanding section 8.33, moneys remaining in the county commissions of veteran affairs fund at the end of a fiscal year shall not revert to the general fund of the state. 3. 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. b. If a county fails to be in compliance with the requirements of section 35B.6 on June 30 of each fiscal year, all moneys received by the county pursuant to this subsection during that fiscal year shall be reimbursed to the county commissions of veteran affairs fund. c. Moneys distributed to a county under this subsection shall be used to supplement and not supplant any existing funding provided by the county or received by the county from any other source. The department shall adopt a maintenance of effort requirement for moneys distributed under this subsection. 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.

         Section History: Recent Form

         2008 Acts, ch 1130, §2, 10; 2009 Acts, ch 4, §1
         Referred to in § 35A.17
        

35A.17 COUNTY COMMISSION OF VETERAN AFFAIRS TRAINING PROGRAM. 1. A county commission of veteran affairs training program is created under the control of the department for the purpose of providing training, certification, and accreditation opportunities for county commissions of veteran affairs executive directors, administrators, and employees. 2. The department may receive and accept donations, grants, gifts, and contributions from any public or private source for the purpose of providing training opportunities under this section. All funds received by the department shall be deposited in the county commission of veteran affairs training program account established in section 35A.16, subsection 4. 3. a. The department shall use funds deposited in the county commission of veteran affairs training program account to organize statewide or regional training conferences and provide training, certification, and accreditation opportunities for county commissions of veteran affairs executive directors, administrators, and employees, consistent with the requirements of section 35A.5, subsection 9. b. During the fiscal year beginning July 1, 2009, the department shall use account funds to arrange for an accreditation course by the national association of county veteran service officers to take place within the state. c. The department may use account funds to hire an agency, organization, or other entity to provide training or educational programming, reimburse county executive directors, administrators, and employees for transportation costs related to a conference or program, or both. 4. The department shall adopt rules, pursuant to chapter 17A, deemed necessary for the administration of the county commission of veteran affairs training program.

         Section History: Recent Form

         2008 Acts, ch 1130, §3, 10
         Referred to in § 35A.16
        

35A.18 PRESENTATION OF FLAGS. 1. For the purposes of this section, unless the context otherwise requires, "member of the armed forces of the United States" means a person who was a resident of this state and a member of the national guard, reserve, or regular component of the armed forces of the United States at the time of the person's death. 2. If the governor issues a proclamation for the national and state flags to be flown at half-staff in recognition of the death of a member of the armed forces of the United States while serving on active duty, the office of the governor shall present the flags that were flown over the state capitol to the member's surviving spouse. If the member does not have a surviving spouse, the two flags shall be presented to another individual who is part of the member's immediate family. The cost of the flags is the responsibility of the department.

         Section History: Recent Form

         2009 Acts, ch 45, §1

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