Bill Text: IA HSB40 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill relating to the disabled veteran homestead tax credit by modifying eligibility criteria and including effective date and retroactive applicability provisions.
Spectrum: Unknown
Status: (Introduced - Dead) 2015-02-03 - Voted - Veterans Affairs. [HSB40 Detail]
Download: Iowa-2015-HSB40-Introduced.html
House
Study
Bill
40
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
VETERANS
AFFAIRS
BILL)
A
BILL
FOR
An
Act
relating
to
the
disabled
veteran
homestead
tax
credit
by
1
modifying
eligibility
criteria
and
including
effective
date
2
and
retroactive
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
425.15,
subsection
1,
paragraphs
b,
c,
1
and
d,
Code
2015,
are
amended
to
read
as
follows:
2
b.
A
veteran
as
defined
in
section
35.1
with
a
permanent
3
service-connected
disability
rating
of
one
hundred
percent
or
4
a
permanent
and
total
disability
rating
based
on
individual
5
unemployability
,
as
certified
by
the
United
States
department
6
of
veterans
affairs.
7
c.
A
former
member
of
the
national
guard
of
any
state
8
who
otherwise
meets
the
service
requirements
of
section
35.1,
9
subsection
2
,
paragraph
“b”
,
subparagraph
(2)
or
(7),
with
a
10
permanent
service-connected
disability
rating
of
one
hundred
11
percent
or
a
permanent
and
total
disability
rating
based
on
12
individual
unemployability
,
as
certified
by
the
United
States
13
department
of
veterans
affairs.
14
d.
An
individual
who
is
a
surviving
spouse
or
a
child
and
15
who
is
receiving
dependency
and
indemnity
compensation
pursuant
16
to
38
U.S.C.
§1301
et
seq.
,
as
certified
by
the
United
States
17
department
of
veterans
affairs.
18
Sec.
2.
Section
425.15,
subsection
2,
paragraph
b,
Code
19
2015,
is
amended
to
read
as
follows:
20
b.
An
individual
described
in
subsection
1
,
paragraph
“d”
,
21
is
no
longer
eligible
for
the
credit
if
the
individual
marries
22
or
upon
termination
of
dependency
and
indemnity
compensation
23
under
38
U.S.C.
§1301
et
seq.
24
Sec.
3.
Section
425.15,
Code
2015,
is
amended
by
adding
the
25
following
new
subsection:
26
NEW
SUBSECTION
.
5.
For
purposes
of
this
section,
“permanent
27
and
total
disability
rating
based
on
individual
unemployability”
28
means
a
condition
under
which
a
person
has
either
a
permanent
29
service-connected
disability
rating
of
sixty
percent
or
two
or
30
more
permanent
service-connected
disability
conditions
in
which
31
one
of
the
conditions
has
at
least
a
forty
percent
rating
and
32
the
combined
rating
for
all
the
conditions
is
at
least
seventy
33
percent,
and
the
person
has
an
administrative
adjustment
added
34
to
the
service-connected
disability
rating,
due
to
individual
35
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unemployability,
such
that
the
United
States
department
of
1
veterans
affairs
rates
the
veteran
permanently
and
totally
2
disabled
for
purposes
of
disability
compensation.
3
Sec.
4.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
4
immediate
importance,
takes
effect
upon
enactment.
5
Sec.
5.
RETROACTIVE
APPLICABILITY.
This
Act
applies
6
retroactively
to
May
26,
2014,
for
applications
for
the
7
homestead
credit
under
chapter
425
filed
on
or
after
that
date.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
Current
Code
section
425.15
provides
a
homestead
credit
to
12
the
owner
of
a
homestead
for
the
full
amount
of
tax
levied
13
if
the
owner
is
any
of
the
following:
(1)
a
veteran
of
any
14
of
the
military
forces
of
the
United
States
who
acquired
the
15
homestead
under
specified
federal
programs;
(2)
a
veteran
16
with
a
service-connected
disability
rating
of
100
percent;
17
(3)
a
former
member
of
the
national
guard
of
any
state
who
18
meets
specified
service
requirements
with
a
service-connected
19
disability
rating
of
100
percent;
or
(4)
an
individual
who
is
a
20
surviving
spouse
or
a
child
and
who
is
receiving
dependency
and
21
indemnity
compensation.
22
This
bill
amends
the
eligibility
criteria
for
the
credit
to
23
include
a
veteran
with
a
permanent
and
total
disability
rating
24
based
on
individual
unemployability
and
certain
members
of
the
25
national
guard
with
a
permanent
and
total
disability
rating
26
based
on
individual
unemployability.
27
The
bill
defines
“permanent
and
total
disability
rating
28
based
on
individual
unemployability”
to
mean
a
condition
29
under
which
a
person
has
either
a
permanent
service-connected
30
disability
rating
of
60
percent
or
two
or
more
permanent
31
service-connected
disability
conditions
in
which
one
of
the
32
conditions
has
at
least
a
40
percent
rating
and
the
combined
33
rating
for
all
the
conditions
is
at
least
70
percent,
and
34
the
person
has
an
administrative
adjustment
added
to
the
35
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service-connected
disability
rating,
due
to
individual
1
unemployability,
such
that
the
United
States
department
of
2
veterans
affairs
rates
the
veteran
as
permanently
and
totally
3
disabled
for
purposes
of
disability
compensation.
4
The
bill
specifies
that
for
purposes
of
qualifying
for
the
5
credit,
the
receipt
of
dependency
and
indemnity
compensation
6
by
an
individual
who
is
a
surviving
spouse
or
a
child
must
be
7
certified
by
the
United
States
department
of
veterans
affairs.
8
The
bill
also
removes
the
provision
that
terminates
eligibility
9
for
the
credit
for
a
surviving
spouse
receiving
dependency
and
10
indemnity
compensation
when
the
surviving
spouse
remarries.
11
The
bill
takes
effect
upon
enactment
and
applies
12
retroactively
to
May
26,
2014,
for
applications
for
the
13
homestead
credit
filed
on
or
after
that
date.
14
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