Bill Text: IA SF410 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the administration of the veterans trust fund.(Formerly SSB 1152.)
Spectrum: Committee Bill
Status: (Introduced) 2023-06-05 - Referred to Veterans Affairs. S.J. 1091. [SF410 Detail]
Download: Iowa-2023-SF410-Introduced.html
Senate
File
410
-
Introduced
SENATE
FILE
410
BY
COMMITTEE
ON
VETERANS
AFFAIRS
(SUCCESSOR
TO
SSB
1152)
A
BILL
FOR
An
Act
relating
to
the
administration
of
the
veterans
trust
1
fund.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
35A.13,
subsection
3,
Code
2023,
is
1
amended
to
read
as
follows:
2
3.
Moneys
credited
to
the
trust
fund
shall
not
be
3
transferred,
used,
obligated,
appropriated,
or
otherwise
4
encumbered,
except
as
provided
in
this
section
.
Moneys
in
the
5
trust
fund
may
also
be
used
for
cemetery
grant
development
6
purposes
provided
that
any
moneys
so
allocated,
except
7
for
moneys
used
for
department
of
administrative
services
8
expenditures
related
to
the
grant,
are
returned
to
the
trust
9
fund
upon
receipt
of
federal
funds
received
for
such
purposes.
10
Sec.
2.
Section
35A.13,
subsection
5,
Code
2023,
is
amended
11
by
adding
the
following
new
paragraph:
12
NEW
PARAGRAPH
.
0d.
The
commission
shall
not
use
moneys
13
appropriated
to
the
commission
pursuant
to
this
subsection
in
14
any
fiscal
quarter
in
an
amount
greater
than
thirty
percent
of
15
the
moneys
appropriated
to
the
commission
for
the
fiscal
year.
16
Sec.
3.
Section
35A.13,
subsection
5,
paragraph
d,
Code
17
2023,
is
amended
to
read
as
follows:
18
d.
Notwithstanding
paragraphs
“a”
,
“b”
,
and
“c”
any
other
19
provision
of
this
subsection
,
moneys
credited
to
the
war
20
orphans
educational
assistance
account
shall
be
expended
as
21
provided
in
subsection
8
.
22
Sec.
4.
Section
35A.13,
subsection
7,
paragraph
l,
Code
23
2023,
is
amended
to
read
as
follows:
24
l.
Expenses
related
to
initial
screening
for
any
military
25
service-connected
traumatic
brain
injury
sustained
while
on
26
federal
active
duty,
state
active
duty,
or
national
guard
duty,
27
as
defined
in
section
29A.1
,
or
sustained
while
on
federal
28
reserve
duty
pursuant
to
orders
issued
under
Tit.
10
of
the
29
United
States
Code
for
which
payment
or
reimbursement
is
not
30
otherwise
available
through
any
other
federal
or
state
program
31
or,
if
applicable,
through
a
veteran’s
private
insurance
or
32
managed
care
organization.
A
Notwithstanding
subsection
7A,
a
33
veteran
seeking
moneys
for
expenses
pursuant
to
this
paragraph
34
“l”
shall
not
be
subject
to
an
income
limit.
35
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410
Sec.
5.
Section
35A.13,
Code
2023,
is
amended
by
adding
the
1
following
new
subsections:
2
NEW
SUBSECTION
.
7A.
To
be
eligible
to
receive
benefits
3
pursuant
to
subsection
7,
an
applicant
must
meet
all
of
the
4
following
requirements:
5
a.
The
applicant’s
household
income,
benefits
from
the
6
federal
veterans
pension
program,
service-connected
disability
7
income,
and
social
security
income,
do
not
exceed
two
hundred
8
percent
of
the
federal
poverty
level
for
a
family
of
applicable
9
size
in
effect
on
the
date
the
application
was
received
by
10
a
county
director
of
veterans
affairs.
The
commission
may
11
waive
the
requirements
of
this
paragraph
if
all
the
applicant’s
12
income
is
from
a
fixed
source
and
all
other
sources
of
13
assistance
have
been
exhausted.
14
b.
(1)
The
applicant’s
available
liquid
assets
are
equal
15
to
or
less
than
fifteen
thousand
dollars.
For
the
purposes
16
of
this
paragraph,
“available
liquid
assets”
means
cash
on
17
hand,
cash
in
a
checking
or
savings
account,
stocks,
bonds,
18
certificates
of
deposit,
treasury
bills,
and
money
market
funds
19
and
other
liquid
investments
owned
individually
or
jointly
by
20
the
applicant
and
the
applicant’s
spouse.
21
(2)
Notwithstanding
subparagraph
(1),
an
asset
shall
not
be
22
counted
as
an
applicant’s
available
liquid
asset
if
the
asset
23
is
any
of
the
following:
24
(a)
The
cash
surrender
value
of
a
life
insurance
policy,
25
real
property,
an
established
burial
account,
or
a
personal
26
vehicle.
27
(b)
A
fund
deposited
in
an
individual
retirement
account
in
28
accordance
with
section
408(a)
of
the
federal
Internal
Revenue
29
Code,
a
self-employed
pension
plan,
also
known
as
a
Keogh
plan
30
or
H.R.
10
plan,
or
a
deferred
compensation
plan
that
the
31
applicant
may
not
withdraw
from
without
incurring
a
penalty.
32
NEW
SUBSECTION
.
7B.
Benefits
from
the
veterans
trust
fund
33
to
an
individual
shall
not
exceed
five
thousand
dollars
in
any
34
calendar
year
and
shall
not
exceed
ten
thousand
dollars
for
the
35
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lifetime
of
the
individual.
1
NEW
SUBSECTION
.
9A.
The
director
shall
oversee
the
2
management
of
the
veterans
trust
fund,
including
compliance
3
with
limits
on
grant
amounts,
the
timely
distribution
of
4
moneys,
and
the
application
of
procedures
to
ensure
applicant
5
eligibility
in
accordance
with
this
section.
Any
grant
of
6
moneys
from
the
veterans
trust
fund
shall
be
subject
to
final
7
approval
by
the
director
or
the
director’s
designee.
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
This
bill
relates
to
the
administration
of
the
veterans
12
trust
fund.
13
The
bill
no
longer
allows
veterans
trust
fund
moneys
to
be
14
used
for
cemetery
development
purposes
in
certain
situations.
15
The
bill
prohibits
the
commission
of
veterans
affairs
(CVA)
16
from
using
any
moneys
appropriated
to
the
CVA
in
a
fiscal
17
quarter
in
an
amount
greater
than
30
percent
of
the
moneys
18
appropriated.
19
The
bill
requires,
for
an
applicant
to
be
eligible
to
20
receive
benefits
from
the
veterans
trust
fund,
the
applicant’s
21
household
income,
benefits
from
the
federal
veterans
pension
22
program,
service-connected
disability
income,
and
social
23
security
income
to
be
at
or
below
200
percent
of
the
federal
24
poverty
level
for
a
family
of
applicable
size
in
effect
on
25
the
date
the
application
was
received
by
a
county
director
of
26
veterans
affairs.
The
CVA
may
waive
income
requirements
if
all
27
the
applicant’s
income
is
from
a
fixed
source
and
all
other
28
sources
of
assistance
have
been
exhausted.
29
The
bill
also
requires,
for
an
applicant
to
be
eligible
to
30
receive
benefits
from
the
veterans
trust
fund,
the
applicant’s
31
available
liquid
assets
to
be
equal
to
or
less
than
$15,000.
32
The
bill
defines
“available
liquid
assets”
as
cash
on
33
hand,
cash
in
a
checking
or
savings
account,
stocks,
bonds,
34
certificates
of
deposit,
treasury
bills,
and
money
market
funds
35
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and
other
liquid
investments
owned
individually
or
jointly
by
1
the
applicant
and
the
applicant’s
spouse.
However,
an
asset
2
is
not
an
available
liquid
asset
if
it
is
the
cash
surrender
3
value
of
a
life
insurance
policy,
real
property,
an
established
4
burial
account,
or
a
personal
vehicle.
An
asset
is
also
not
5
an
available
liquid
asset
if
it
is
a
fund
deposited
in
an
6
individual
retirement
account
in
accordance
with
section
408(a)
7
of
the
federal
Internal
Revenue
Code,
a
self-employed
pension
8
plan
(a
Keogh
plan
or
H.R.
10
plan),
or
a
deferred
compensation
9
plan
that
the
applicant
may
not
withdraw
from
without
incurring
10
a
penalty.
11
The
bill
limits
the
benefits
an
individual
may
receive
from
12
the
veterans
trust
fund
to
$5,000
in
any
calendar
year
and
13
$10,000
for
the
lifetime
of
the
individual.
14
The
bill
directs
the
director
of
the
department
of
veterans
15
affairs
to
oversee
the
management
of
the
veterans
trust
fund,
16
including
compliance
with
limits
on
grant
amounts,
the
timely
17
distribution
of
moneys,
and
the
application
of
procedures
to
18
ensure
applicant
eligibility.
19
The
bill
requires
any
grant
of
moneys
from
the
veterans
trust
20
fund
to
be
subject
to
final
approval
by
the
director
of
the
21
department
of
veterans
affairs
or
the
director’s
designee.
22
The
bill
makes
conforming
changes
to
Code
section
35A.13,
23
subsection
4,
paragraph
“d”,
and
subsection
7,
paragraph
“l”.
24
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