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