Bill Text: IA SF244 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to county commissions of veteran affairs.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [SF244 Detail]
Download: Iowa-2013-SF244-Introduced.html
Senate
File
244
-
Introduced
SENATE
FILE
244
BY
ERNST
A
BILL
FOR
An
Act
relating
to
county
commissions
of
veteran
affairs.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
35B.4,
Code
2013,
is
amended
to
read
as
1
follows:
2
35B.4
Appointment
——
vacancies.
3
1.
Members
of
the
commission
of
veteran
affairs
shall
4
be
appointed
by
the
board
of
supervisors
,
as
recommended
by
5
the
current
commission
members
and
the
executive
director
6
or
administrator,
to
staggered
three-year
terms
at
the
7
regular
meeting
in
June.
However,
a
member
shall
serve
until
8
a
successor
has
been
appointed
and
qualifies.
The
board
9
may
remove
an
appointee
at
any
time
for
neglect
of
duty
or
10
maladministration.
A
vacancy
on
the
commission
shall
be
filled
11
for
the
unexpired
portion
of
the
regular
term
in
the
same
12
manner
as
regular
appointments
are
made.
13
2.
If
the
board
of
supervisors
increases
the
commission
14
of
veteran
affairs
membership
to
five
members,
the
initial
15
terms
of
the
two
new
members
shall
be
two
and
three
years
16
respectively.
However,
the
new
members
shall
serve
until
their
17
successors
are
appointed
and
qualify.
18
Sec.
2.
Section
35B.6,
subsection
1,
paragraphs
a
and
c,
19
Code
2013,
are
amended
to
read
as
follows:
20
a.
The
members
of
the
commission
shall
qualify
by
taking
the
21
usual
oath
of
office
,
and
give
bond
in
the
sum
of
five
hundred
22
dollars
each,
conditioned
for
the
faithful
discharge
of
their
23
duties
with
sureties
to
be
approved
by
the
county
auditor
.
The
24
commission
shall
organize
by
the
selection
of
one
of
their
25
members
as
chairperson
and
one
as
secretary.
The
commission,
26
subject
to
the
approval
of
the
board
of
supervisors,
shall
27
employ
an
executive
director
or
administrator
and
shall
have
28
the
power
to
employ
other
necessary
employees
when
needed,
29
including
administrative
or
clerical
assistants,
but
no
member
30
of
the
commission
shall
be
so
employed.
The
compensation
of
31
such
employees
shall
be
fixed
by
the
board
of
supervisors.
32
The
state
department
of
veterans
affairs
shall
recognize
the
33
executive
director
or
administrator
as
a
county
veterans
34
service
officer
of
a
local
veterans’
service
organization
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recognized
pursuant
to
38
C.F.R.
§
14.628(c)
for
the
purposes
1
of
assisting
veterans
and
their
dependents
in
obtaining
2
federal
benefits.
The
commission
shall
recommend
the
annual
3
compensation
of
the
executive
director
or
administrator
to
the
4
board
of
supervisors.
The
board
of
supervisors
shall
consider
5
the
recommendation
and
shall
determine
and
approve
the
annual
6
compensation
of
the
executive
director
or
administrator.
The
7
executive
director
must
possess
the
same
qualifications
as
8
provided
in
section
35B.3
for
commission
members.
However,
9
this
qualification
requirement
shall
not
apply
to
a
person
10
employed
as
an
executive
director
prior
to
July
1,
1989.
11
c.
Upon
the
employment
of
an
executive
director
or
12
administrator,
the
executive
director
or
administrator
shall
13
complete
a
course
of
certification
training
provided
by
the
14
department
of
veterans
affairs
pursuant
to
section
35A.5
.
15
If
an
executive
director
or
administrator
fails
to
obtain
16
certification
within
one
year
of
being
employed,
the
executive
17
director
or
administrator
shall
be
removed
from
office.
A
18
commissioner
or
other
commission
employee
may
also
complete
19
the
course
of
certification
training.
The
department
shall
20
issue
the
executive
director
,
or
administrator
,
commissioner,
21
or
employee
a
certificate
of
training
after
completion
of
the
22
certification
training
course.
To
maintain
certification,
the
23
executive
director
,
or
administrator
,
commissioner,
or
employee
24
shall
satisfy
the
continuing
education
requirements
established
25
by
the
national
association
of
county
veteran
veterans
service
26
officers.
Failure
of
an
executive
director
or
administrator
27
to
maintain
certification
shall
be
cause
for
removal
from
28
office.
The
expenses
of
training
the
executive
director
or
29
administrator
shall
be
paid
from
the
appropriation
authorized
30
in
section
35B.14
.
31
Sec.
3.
Section
35B.6,
subsection
1,
paragraph
d,
Code
2013,
32
is
amended
by
adding
the
following
new
subparagraph:
33
NEW
SUBPARAGRAPH
.
(3)
Complete
and
submit
all
forms
34
required
for
federal,
state,
and
county
benefits.
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Sec.
4.
Section
35B.6,
subsection
2,
Code
2013,
is
amended
1
to
read
as
follows:
2
2.
a.
Two
or
more
boards
of
supervisors
may
agree,
3
pursuant
to
chapter
28E
,
to
share
the
services
of
an
executive
4
director
or
administrator.
The
agreement
shall
provide
for
the
5
establishment
of
a
commission
of
veteran
affairs
office
in
each
6
of
the
counties
participating
in
the
agreement.
7
b.
It
shall
be
unlawful
for
any
county
board
of
supervisors
8
or
any
county
commission
of
veteran
affairs
to
place
the
9
administration
of
the
duties
of
the
county
commission
of
10
veteran
affairs
under
any
other
agency
of
any
county,
or
to
11
publish
the
names
of
the
veterans
or
their
families
who
receive
12
benefits
under
the
provisions
of
this
chapter.
13
Sec.
5.
Section
35B.6,
subsection
3,
Code
2013,
is
amended
14
by
striking
the
subsection.
15
Sec.
6.
Section
35B.6,
subsection
4,
paragraph
a,
Code
2013,
16
is
amended
to
read
as
follows:
17
a.
Each
county
commission
of
veteran
affairs
shall
maintain
18
an
office
in
a
public
building
owned,
operated,
or
leased
by
19
the
county.
20
Sec.
7.
Section
35B.7,
Code
2013,
is
amended
to
read
as
21
follows:
22
35B.7
Meetings
——
report
——
budget.
23
The
commission
shall
meet
monthly
and
at
other
times
as
24
necessary.
At
the
monthly
meeting
it
shall
determine
who
are
25
entitled
to
county
benefits
and
the
probable
amount
required
to
26
be
expended.
The
commission
shall
meet
annually
to
prepare
an
27
estimated
budget
for
all
expenditures
to
be
made
in
the
next
28
fiscal
year
and
certify
the
budget
to
the
board
of
supervisors.
29
The
board
may
approve
or
reduce
the
budget
for
valid
reasons
30
shown
and
entered
of
record
and
the
board’s
decision
is
final.
31
Sec.
8.
Section
35B.10,
Code
2013,
is
amended
to
read
as
32
follows:
33
35B.10
Disbursements
——
inspection
of
records.
34
1.
All
claims
certified
by
the
commission
shall
be
reviewed
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by
the
board
of
supervisors
and
the
county
auditor
shall
1
issue
warrants
in
payment
of
the
claims.
All
applications,
2
investigation
reports,
and
case
records
are
privileged
3
communications
and
shall
be
held
confidential,
subject
to
use
4
and
inspection
only
by
persons
authorized
by
law
in
connection
5
with
their
official
duties
relating
to
financial
audits
and
the
6
administration
of
this
chapter
or
as
authorized
by
order
of
7
a
district
court
.
However,
the
county
commission
of
veteran
8
affairs
shall
prepare
and
file
in
the
office
of
the
county
9
auditor
on
or
before
the
thirtieth
day
of
each
January,
April,
10
July,
and
October
a
report
showing
the
case
numbers
of
all
11
recipients
receiving
assistance
under
this
chapter
,
together
12
with
the
amount
paid
to
each
during
the
preceding
quarter.
13
Each
report
so
filed
shall
be
securely
fixed
in
a
record
book
14
to
be
used
only
for
such
reports
made
under
this
chapter
.
A
15
person
may
sign
a
release
to
authorize
the
examination
of
that
16
person’s
applications,
reports,
or
records.
17
The
record
book
shall
be
and
the
same
is
hereby
declared
18
to
be
a
public
record,
open
to
public
inspection
at
all
times
19
during
the
regular
office
hours
of
the
county
auditor.
Each
20
person
who
desires
to
examine
said
records,
other
than
in
21
pursuance
of
official
duties
as
hereinbefore
provided,
shall
22
sign
a
written
request
to
examine
the
same,
which
shall
contain
23
an
agreement
on
the
part
of
the
signer
that
the
signer
will
24
not
utilize
any
information
gained
therefrom
for
commercial
or
25
political
purposes.
26
2.
It
shall
be
unlawful
for
any
person,
body,
association,
27
firm,
corporation
or
any
other
agency
to
solicit,
disclose,
28
receive,
make
use
of
or
to
authorize,
knowingly
permit,
29
participate
in
or
acquiesce
in
the
use
of
any
lists,
names
or
30
other
information
obtained
from
the
reports
above
provided
for,
31
for
commercial
or
political
purposes,
and
a
violation
of
this
32
provision
shall
constitute
a
serious
misdemeanor.
33
Sec.
9.
Section
35B.14,
Code
2013,
is
amended
by
adding
the
34
following
new
subsections:
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NEW
SUBSECTION
.
3.
The
commission
is
responsible
for
1
the
interment
in
a
suitable
cemetery
of
the
body
of
any
2
veteran,
as
defined
in
section
35.1,
or
the
spouse,
surviving
3
spouse,
or
child
of
the
person,
if
the
person
has
died
without
4
leaving
sufficient
means
to
defray
the
funeral
expenses.
The
5
commission
may
pay
the
expenses
in
a
sum
not
exceeding
an
6
amount
established
by
the
board
of
supervisors.
7
NEW
SUBSECTION
.
4.
Burial
expenses
shall
be
paid
by
the
8
county
in
which
the
person
died.
If
the
person
is
a
resident
9
of
a
different
county
at
the
time
of
death,
the
county
of
10
residence
shall
reimburse
the
county
where
the
person
died
for
11
the
cost
of
burial.
In
either
case,
the
board
of
supervisors
12
of
the
respective
counties
shall
audit
and
pay
the
account
from
13
the
funds
provided
for
in
this
chapter
in
the
manner
as
other
14
claims
are
audited
and
paid.
15
Sec.
10.
Section
35B.16,
Code
2013,
is
amended
to
read
as
16
follows:
17
35B.16
Markers
for
graves.
18
The
county
commission
of
veteran
affairs
may
furnish
a
19
suitable
and
appropriate
metal
marker
for
the
grave
of
each
20
veteran,
as
defined
in
section
35.1
,
who
is
buried
within
21
the
limits
of
the
county.
The
marker
shall
be
placed
at
the
22
individual’s
grave
to
permanently
mark
and
designate
the
grave
23
for
memorial
purposes.
The
expenses
shall
be
paid
from
any
24
funds
raised
as
provided
in
this
chapter
.
25
Sec.
11.
Section
35B.17,
Code
2013,
is
amended
to
read
as
26
follows:
27
35B.17
Maintenance
of
graves.
28
1.
The
county
boards
of
supervisors
shall
each
year
29
appropriate
and
pay
to
the
owners
of,
or
to
the
public
board
or
30
officers
having
control
of
cemeteries
within
the
state
in
which
31
any
such
deceased
service
person
is
buried,
a
sum
sufficient
32
to
pay
for
the
care
and
maintenance
of
the
lots
on
which
they
33
are
buried
in
all
cases
in
which
provision
for
such
care
is
34
not
otherwise
made,
or
may
conclude
their
responsibility
by
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paying
a
mutually
agreed
to
fee
for
perpetual
care
when
the
1
cemetery
authority
has
established
a
perpetual
care
fund
for
2
the
cemetery,
to
be
paid
either
as
a
lump
sum,
or
in
not
to
3
exceed
five
installments
in
a
manner
agreed
to
by
the
parties.
4
2.
Payment
under
subsection
1
shall
be
made
at
the
rate
5
charged
for
like
care
and
maintenance
of
other
lots
of
6
similar
size
in
the
same
cemetery,
upon
the
affidavit
of
the
7
superintendent
or
other
person
in
charge
of
such
cemetery,
that
8
the
same
has
not
been
otherwise
paid
or
provided
for.
9
Sec.
12.
Section
35B.19,
Code
2013,
is
amended
to
read
as
10
follows:
11
35B.19
Burial
records.
12
The
county
commission
of
veteran
affairs
executive
director
13
or
administrator
shall
be
charged
with
securing
the
information
14
requested
by
the
department
of
veterans
affairs
of
every
person
15
having
a
military
service
record
and
buried
in
that
the
county.
16
Such
information
shall
be
secured
from
the
undertaker
in
charge
17
of
the
burial
or
cremation
and
shall
be
transmitted
by
the
18
undertaker
to
the
commission
of
county
veteran
affairs
office
19
of
the
county
where
burial
or
disposition
of
cremated
remains
20
is
made.
This
information
shall
be
recorded
alphabetically
and
21
by
description
of
location
in
the
cemetery
where
the
veteran
is
22
buried
or
the
place
of
disposition
of
the
cremated
remains
of
23
the
veteran
.
This
recording
shall
conform
to
the
directives
of
24
the
department
of
veterans
affairs
and
shall
be
kept
in
a
book
25
by
the
county
commission
executive
director
or
administrator
.
26
Sec.
13.
Section
64.11,
Code
2013,
is
amended
to
read
as
27
follows:
28
64.11
Expense
of
bonds
paid
by
county.
29
If
a
county
treasurer,
county
attorney,
recorder,
auditor,
30
sheriff,
medical
examiner,
member
of
the
veterans
affairs
31
commission,
member
of
the
board
of
supervisors,
engineer,
32
steward,
or
matron
elects
to
furnish
a
bond
with
an
association
33
or
incorporation
as
surety
as
provided
in
this
chapter
,
the
34
reasonable
cost
of
the
bond
shall
be
paid
by
the
county
where
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the
bond
is
filed.
1
Sec.
14.
Section
331.381,
subsection
6,
Code
2013,
is
2
amended
to
read
as
follows:
3
6.
Audit
and
pay
the
burial
expense
for
indigent
veterans,
4
as
provided
in
section
35B.15
35B.14,
subsection
4
.
5
Sec.
15.
Section
331.502,
subsection
13,
Code
2013,
is
6
amended
by
striking
the
subsection.
7
Sec.
16.
Section
331.502,
subsection
14,
Code
2013,
is
8
amended
to
read
as
follows:
9
14.
Issue
warrants
and
maintain
a
book
containing
a
record
10
of
persons
receiving
veteran
assistance
as
provided
in
section
11
35B.10
.
12
Sec.
17.
Section
331.508,
subsection
5,
Code
2013,
is
13
amended
by
striking
the
subsection.
14
Sec.
18.
REPEAL.
Sections
35B.8,
35B.9,
35B.12,
35B.13,
15
35B.15,
and
35B.18,
Code
2013,
are
repealed.
16
EXPLANATION
17
This
bill
relates
to
the
duties
and
responsibilities
of
the
18
county
commissions
of
veteran
affairs.
19
The
bill
requires
that
the
members
of
a
county
commission
of
20
veteran
affairs
be
appointed
by
the
board
of
supervisors
upon
21
the
recommendation
of
the
current
members
of
the
commission
22
and
the
executive
director
or
administrator.
The
bill
removes
23
a
requirement
that
members
of
the
commission
give
a
bond
of
24
$500
and
makes
conforming
changes
to
Code
sections
64.11
and
25
331.502.
26
The
bill
requires
that
the
state
department
of
veterans
27
affairs
shall
recognize
the
executive
director
or
administrator
28
as
a
county
veterans
service
officer
of
a
local
veterans’
29
service
organization
recognized
by
the
federal
secretary
of
30
veterans
affairs
for
purposes
of
assisting
veterans
and
their
31
dependents
in
obtaining
federal
benefits.
The
bill
requires
32
that
the
annual
compensation
of
an
executive
director
or
33
administrator
be
recommended
by
the
county
commission
to
the
34
county
board
of
supervisors
which
shall
determine
and
approve
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the
compensation.
Current
law
requires
that
the
county
board
1
of
supervisors
fix
the
compensation
for
the
executive
director
2
or
administrator
and
other
necessary
employees.
3
The
bill
strikes
language
allowing
a
county
commissioner
4
and
certain
commission
employees
to
complete
a
course
of
5
certification
training
provided
by
the
department
of
veterans
6
affairs.
7
The
bill
requires
that
the
duties
of
the
executive
director,
8
administrator,
and
employees
shall
include
the
submission
of
9
all
forms
required
for
federal,
state,
and
county
benefits.
10
The
bill
also
removes
language
requiring
a
commission
to
11
appoint
a
deputy
county
auditor
as
an
administrative
assistant
12
to
the
commission.
The
bill
requires
that
a
commission
office
13
be
located
in
a
public
building.
The
bill
also
specifies
that
14
the
commission
shall
only
need
to
determine
eligibility
of
15
individuals
for
county
benefits
at
monthly
meetings
of
the
16
commission
and
removes
requirements
that
the
commission
submit
17
certain
information
to
the
board
of
supervisors.
18
The
bill
removes
certain
reporting,
recording,
accounting
19
system,
and
filing
requirements
and
makes
certain
conforming
20
amendments
to
Code
sections
331.502
and
331.508.
The
bill
21
provides
that
certain
applications,
reports,
and
records
22
shall
be
subject
to
use
or
inspection
as
authorized
by
order
23
of
a
district
court.
The
bill
permits
the
examination
of
an
24
individual’s
applications,
reports,
and
records
only
upon
the
25
individual’s
authorization.
26
The
bill
also
makes
certain
changes
to
provisions
related
to
27
the
provision
of
grave
markers
for
veterans
and
the
filing
and
28
maintenance
of
certain
burial
records.
29
The
bill
repeals
Code
section
35B.12,
relating
to
30
confidentiality
of
benefit
information,
but
the
substance
31
of
the
Code
section
is
transferred
to
Code
section
35B.6,
32
subsection
2.
33
The
bill
repeals
Code
section
35B.13,
relating
to
burial
34
expenses,
but
the
substance
of
the
Code
section
is
transferred
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to
Code
section
35B.14,
subsection
3.
1
The
bill
repeals
Code
section
35B.15,
relating
to
audit
2
and
payment
of
burial
expenses,
but
the
substance
of
the
Code
3
section
is
transferred
to
Code
section
35B.14,
subsection
4.
4
The
bill
repeals
Code
section
35B.18,
relating
to
care
5
and
maintenance
of
gravesites,
but
the
substance
of
the
Code
6
section
is
transferred
to
Code
section
35B.17,
subsection
2.
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