SF 574 – Confidential information, veteran property tax credits and exemptions

SF 574 by Ways and Means clarifies language in HF 2382, enacted in 2020, that addressed the collection of names of veterans through property tax information maintained by counties. Businesses or individuals would ask for a “roll-out” of all names and addresses. Most of these requests were for solicitation purposes. SF 574 states that the disabled veteran/POW and military serviceproperty tax credits and exemptions can be made public on property tax reports for individualparcels, but the information cannot be aggregated under public records.
[4/13: 45-0 (Absent: Hogg, Lofgren, Nunn, Petersen, Rozenboom)]

HF 200 – Coast Guard members defined as ‘federal active duty’

HF 200 provides that “federal active duty” includes full-time duty performed by the United States Coast Guard. Employers must treat Coast Guard members the same as National Guard and other military members in regards to unemployment, payments and benefits. An employer must provide a leave of absence to regular, reserve or auxiliary members of the Coast Guard when called to military duty. This includes state active duty, National Guard duty, federal active duty or Civil Air Patrol duty, without loss of status or efficiency rating, and without loss of pay during the first 30 days of the leave of absence.

It also adds similar protections relating to discrimination against a person because of military service, prohibits employers from discharging a person due to that service and prohibits an employer from terminating group health insurance coverage for a leave of absence for military duty. The bill also adds “space forces” as a component of the military in Iowa Code. It passed the House on a vote of 99-0.
[2/3: 46-0 (Excused: Hogg, Lykam, Nunn; 1 vacancy)]

HF 311 – Social, charitable gambling expansion

HF 311 by State Government allows a qualified organization licensed by the Department of Inspections and Appeals (DIA) to conduct one game night per month rather than per year if all other application and authorization requirements are met. It also allows card game tournaments conducted by a DIA-qualified veterans organization (e.g., AmVets, American Legion, VFW) to be held weekly, rather than the current limit of two card game tournaments per month. It eliminates the per-month maximum but prohibits holding a card game tournament within six calendar days of another tournament. This will allow veterans organizations to hold weekly tournaments if on the same day of the week.
[4/7: 42-2 (No: Costello, Rozenboom; Excused: Hogg, Brown, Carlin, Dawson, Nunn, Schultz)]

HF 428 – Public Defense Omnibus 

HF 428 is a Public Defense departmental bill. It allows properties to be leased for armory purposes for up to 30 years, rather than the current 20 years. It amends the Iowa Code of Military Justice so that military commanders (Grade Colonel/06) can hold service members accountable if they commit offenses while off duty when there is a nexus between military service and the offense (e.g., sexual harassment, sexual assault involving two service members). It allows the Adjutant General to include in the annual report on certain offenses, the number of sexual abuse cases reported to the U.S. Department of Defense that are not otherwise required to be reported. It also enhances the popular education benefits available that help the Guard recruit and retain members.

The bill:

• Requires the Adjutant General to submit an annual report to the Governor and the Legislature by December 31 listing the science, technology, engineering and math-related career fields the Iowa National Guard plans to focus on in providing educational incentives using funds available for that fiscal year.
• Creates a new Code section 261.86A that establishes two recruitment and incentive programs to recruit or retain individuals who have completed or are pursuing training in science, technology, engineering and math-related military occupational specialties or Air Force specialty codes. The Adjutant General may expend appropriated funds that remain unencumbered or unobligated at the close of a fiscal year in the following fiscal year for recruitment and retention programs. 
• Allows the Adjutant General to expend unencumbered or unobligated funds in the Iowa National Guard Service Scholarship programs [Code 261.86, subsection 6] to recruit or retain individuals by offering either a student loan repayment program or a master’s degree scholarship award program that complies with the federal Edith Nourse Rogers STEM scholarship program.
• Establishes a National Guard student loan repayment program to be administered by the College Student Aid Commission, and sets requirements for applicants and for loan-repayment awards.
• Sets requirements for the master’s degree scholarship program.
  [4/7: 44-0 (Excused: Brown, Carlin, Dawson, Hogg, Nunn, Schultz)]

HF 793 – PE exemption for JROTC

HF 793 allows a student who is enrolled in Junior Reserve Officers’ Training Corps (JROTC) to be exempt from the requirement to participate in Physical Education (PE). A student will receive one-eight unit of PE credit for each semester the student is enrolled in and completes JRTOC. HF 793 was assigned to the Education Committee in the Senate.
[4/21: 46-0 (Excused: Mathis, Nunn, Schultz, Whiting)]

SF 280 – Armed forces residency for hunting, fishing, trapping

SF 280 allows active-duty members of the armed services stationed and domiciled at the Rock Island Arsenal to qualify as Iowa residents for hunting, fishing and trapping privileges. Their spouses and dependents also qualify. This change mirrors legislation enacted in 2019 that allowed these service members to qualify as Iowa residents to register their dependent children in Iowa school districts.
[6/5: 50-0)]

SF 388 – ‘Iowa Medal of Honor’ Highway

SF 388 designates the segment of U.S. Highway 20 between Sioux City and Dubuque as the “Iowa Medal of Honor Highway.” The Department of Transportation will adopt rules to provide for an application, approval, and inspection process for the purchase and installation of signs by private entities indicating the designation. All costs and expenses will be paid by the private entity whose application is approved. The Department may approve more than one application. Any sign placed must include a depiction of the three versions of the U.S. Medal of Honor for the Army, Navy and Air Force. The American Legion of Iowa worked in coordination with similar efforts in the 11 other U.S. Highway 20 states. The route stretches between Oregon and Massachusetts.
[6/10: CONCUR 49-0 (Absent: Feenstra)]

HF 717 – Veterans preference appeal rights

HF 717 expands the time for a veteran to appeal a hiring or demotion decision based on the veterans preference law and requires certain information to be provided to veterans regarding the program. It mirrors Iowa Civil Rights Commission timelines under Code Ch. 35C:

• Duty to Investigate and Appoint (35C.3) – When information is sent to a veteran regarding refusal to employ, under code 35C, it must include information on the right for judicial review, the right to an appeal and the time to file an appeal.
• Mandamus-Judicial Review (35C.4) – An action for judicial review must be filed within 300 days after refusal to allow preference, or a reduction in salary or position with the intent to bring about the resignation or discharge of the veteran.
• Veterans Preference-Removal-Certiorari-Judicial Review (35C.6) – If a veteran is removed from their position of employment, they must be given written notice of the right for a review. The review must be filed within 300 days.

HF 717 passed the House 98-0.
[6/5: 49-0 (Absent: Zumbach)]

HF 2236 – Prohibits county recorders from charging fee to examine, copy veterans records

HF 2236 provides that a county recorder cannot charge a fee for examining or copying public records needed to complete and file claims for veterans benefits with the Iowa Department of Veterans Affairs or the U.S. Department of Veterans Affairs. The Iowa State Association of Counties supports the proposal. The bill passed the House 96-0.
[6/5: 49-0 (Absent: Zumbach)]

HF 2312 – IVH admission eligibility affidavits

HF 2312 repeals the requirement that an individual applying for admission to the Iowa Veterans Home file an affidavit signed by two members of the commission of veteran affairs of the county in which the person resides relating to eligibility requirements for admission. The Iowa Commission of Veterans Affairs is in favor of the proposal. The bill passed the House 96-0.
[6/3: 49-0 (Absent: Hogg)]

HF 2382 – Confidentiality of veteran information when applying for tax credits

HF 2382 states that the name and address of individuals allowed a disabled veteran tax credit or a military property tax exemption and maintained by the county recorder, county assessor, city assessor or other entity are confidential. Those entities may share this confidential information upon request to a county veterans service officer for purposes of providing information on benefits available to veterans and their families.

Previously, the names and addresses of veterans who receive disabled veteran tax credits or military tax credits were not protected, and businesses or individuals would ask for a “roll-out” of all names and addresses. Most of these requests are for solicitation purposes, and some may be unscrupulous people who prey on elderly, disabled and retired servicemembers or their surviving spouses. The Iowa State Association of Counties, Iowa Commission of Veterans Affairs and the Iowa County Recorders Association support the legislation. The bill passed the House 98-0.
[6/3: 49-0 (Absent: Hogg)]

SF 341 – Service animals in housing

HF 288 – Injured veterans grant parameters; professional licensure

HF 289 – Distribution of gambling receipts for charitable purposes

HF 689 – Removal of county veterans service officers

 

SF 341 – Service animals in housing

SF 341 relates to assistance animals and service animals in housing, and misrepresenting oneself as entitled to such an animal in housing.

The Iowa Civil Rights Commission will work with the Attorney General’s Consumer Protection Division to develop a verification form for providers to use in written findings. The form can only allow for a “yes” or “no” response on whether the patient or client has a disability and whether the need for the animal is related to the disability. The form cannot allow for additional detail. The bill conforms Iowa’s definition of “service animals” to the federal definition: dogs and miniature horses only. The substantive portions do not apply to “assistive animals” under chapter 717F, only to “assistance animals” and “service animals” as defined by the Americans with Disabilities Act (ADA) and the federal Fair Housing Act.

The bill requires a landlord to waive any restrictions, fees or other charges assessed to tenants with pets. A person who intentionally misrepresents an animal as a service animal or service animal in training could be charged with a crime. A person commits this offense if all of these  elements are established: for the purpose of obtaining any of the rights or privileges set forth in state or federal law, the person intentionally misrepresents an animal in one’s possession as one’s service animal or service animal in training, or a person with a disability’s service animal or service animal in training whom the person is assisting by controlling; the person was previously given a written or verbal warning that it is illegal to intentionally misrepresent an animal as a service animal or a service animal in training; and the person knows that the animal in question is not a service animal or a service animal in training. The offense is a simple misdemeanor, punishable by confinement for no more than 30 days, or a fine of at least $65 but no more than $625, or by both.

The bill gives owners of real property immunity from liability for injury or damage caused by service animals and service animals in training if the owner believes in good faith that the animal is a service animal or a service animal in training and the person using the animal is a person with a disability, a person assisting a person with a disability by controlling a service animal or a service animal in training, or a person training a service animal in training; and the injury or damage is not caused by the owner’s negligence, recklessness or willful misconduct.
[3/19: 49-0 (Vacant: Danielson)]

 

HF 288 – Injured veterans grant parameters; professional licensure

HF 288 is an Iowa Department of Public Defense recommendation. Currently, Iowans serving in the Iowa National Guard, Reserve or regular component of the U.S. Armed Forces who are deployed overseas and seriously or very seriously injured in the line of duty while in a combat zone or hazardous duty pay zone are eligible to apply for an Injured Veterans Grant. In recent years, the Department of Defense has categorized some areas as “Overseas Contingency Operations,” including Kuwait, Kosovo and Djibouti.

The legislation modifies eligibility to allow those deployed in any region outside of the United States who are injured and evacuated to be eligible to apply for a grant while the injured veteran is hospitalized or receiving medical care or rehabilitation services authorized by the military. The Legislature established the program in 2007, retroactive to September 11, 2001. Grants are paid in increments of $2,500 up to a maximum of $10,000. Most receive $2,500 to help family in the first month when the service member is medically evacuated to a hospital. Additional money may be given for longer periods (30 days, 60 days and 90 days) of hospitalization, medical treatment and rehabilitation services by the military or Veterans Administration.

The Iowa Department of Veterans Affairs, the Commission of Veterans Affairs and the National Guard will collaborate to study the sustainability of future funding for the Injured Veterans Grant Program. A written report is due to the Governor and Legislature by December 31, 2019.

The proposal also establishes an expedited licensing process for spouses of active-duty members of the U.S. military who are stationed in Iowa. Licensing boards must establish provisional licensing procedures by January 1, 2020 to expedite licensing for anyone licensed in a similar profession or occupation in another state who is the spouse of an active-duty member of the U.S. military. The secretaries of the U.S. Navy, Air Force and Army are asking governors and legislators in all states to adopt such guidelines.
[3/21: 46-0 (Absent: Bisignano, Celsi, R. Taylor; Vacant: Danielson)] 

 

HF 289 – Distribution of gambling receipts for charitable purposes

HF 289 requires a qualified sponsoring organization licensed to operate gambling games in Iowa under Chapter 99F — Gambling Games Regulation — to provide that any organization exempt from federal income taxes under section 501(c)(19) of the Internal Revenue Code is eligible for a distribution of adjusted gross receipts for educational, civic, public, charitable, patriotic or religious uses.
[4/24: 50-0]

 

HF 689 – Removal of county veterans service officers

HF 689 clarifies provisions regarding the removal from office of a county veterans service officer (VSO). Currently, each county commission of veteran affairs must employ an executive director or administrator, recognized as the county’s VSO. The bill provides that an executive director or administrator can only be removed from office by the county commission of veteran affairs subject to the approval of the county board of supervisors. This mirrors the appointment process to this position.
[4/24: 50-0]

All bills passed by the Legislature and sent to the Governor for her signature during the 2018 session. 

SF 2200 – Veterans benefits services, events disclosure
SF 2201 – Public Defense omnibus technical updates
SF 2366 – IDVA omnibus
HF 2420 – Iowa national service corps program
*HF 2502 – Standings: School residency for children of active-duty parents

 

SF 2200 is a recommendation by the Iowa Attorney General to strengthen laws applicable to for-profit veterans’ benefits services that provide advice or assistance for a fee.

A person who advertises or promotes an event, presentation, seminar, workshop or other public gathering on veterans’ benefits or entitlements must include a disclosure and disseminate it verbally and in writing at the beginning of the event. The written disclosure must be in the same type size and font as the term “veteran” or any variation of that term used in promotional materials or at the event. The disclosure must be in this format: “This event is not sponsored by, or affiliated with, the United States Department of Veterans Affairs, the Iowa Department of Veterans Affairs, or any other congressionally-chartered or recognized organization of honorably discharged members of the Armed Forces of the United States or any of their auxiliaries; products or services that may be discussed at this event are not necessarily endorsed by those organizations; you may qualify for benefits other than or in addition to the benefits discussed at this event.”

The disclosure is not required if a government agency for veterans or an officially-recognized organization of veterans has given permission to use the agency’s or organization’s name for the event, or if the event is part of an accredited continuing legal education course. The provisions do not apply to government employees or volunteers acting in their official capacity. The Attorney General can obtain injunctive relief for unfair practices and recover a civil penalty of up to $40,000 per violation. Any civil penalty recovered will go to the Iowa Veterans Trust Fund. The prohibition does not apply to those authorized under the federal “Veterans Benefits” provisions in U.S. Code Title 38, such as those who gather personal or financial information to prepare documents for veterans.

 

SF 2201 is a recommendation by the Department of Public Defense. It authorizes the Adjutant General to establish and manage self-funded Morale, Welfare and Recreation facilities and activities for the Iowa National Guard, similar to those operated by the U.S. Armed Forces on military reservations and air bases, and designate suitable buildings and land on National Guard properties. For example, this would allow food trucks to offer services at Camp Dodge in Johnston. The bill also requires law enforcement officers to assign a case number to a sexual assault allegation and initiate an investigation. This more closely mirrors federal military requirements while preserving the discretion of local law enforcement to close a case that does not meet evidentiary requirements for prosecution. The Iowa State Bar Association supports this change.

 

SF 2366 is based on recommendations from the Iowa Department of Veterans Affairs and the Iowa Commission of Veterans Affairs. It increases the number of members on the Commission from nine to 11. The new members will represent the Paralyzed Veterans of America and the Iowa Association of County Commissioners and Veteran Service Officers. The appointees are selected from names submitted by the organizations. The bill increases the amount that may be spent each fiscal year from the Veterans Trust Fund from $300,000 to $500,000, which is transferred to the fund from the Iowa Lottery Authority from lottery revenues. It also authorizes the Trust Fund to grant up to $1,000 to qualified individuals for rental housing assistance (e.g., application fees) or one-time monetary assistance to prevent homelessness. This does not include rent payments, which is under Housing and Urban Development and other federal programs.

 

HF 2420 allows the Iowa Commission on Volunteer Service to establish an Iowa National Service Corps program to provide opportunities for state agencies, political subdivisions of the state, and private, nonprofit organizations to meet state and local needs and provide opportunities for volunteer service. Certain existing programs and service positions are automatically part of the Iowa National Service Corps program. Participants are exempt from the state merit system and ineligible for unemployment compensation upon completing service. State agencies or political subdivisions will establish hiring preferences for Iowa National Service Corps or AmeriCorps participants. Funding is available through the Iowa summer youth corps established in Code section 15H.5. Funds may also come from the private sector, local, state and federal government sources, or other available funds.

 

*HF 2502 – Standings, Division XX – School residency for children of active-duty parents: Allows a parent or guardian on active duty and stationed at, residing or domiciled at Rock Island Arsenal to enroll a child tuition-free in a public school district in Scott County, which is contiguous to that out-of-state federal military installation. The parent or guardian must transport the child to and from a point on the regular school bus route without reimbursement. The student would be counted as a resident for purposes of school funding.

The following bills were passed by the Legislature and signed into law by the Governor.

SF 373 – Code of Military Justice; statute of limitations expansion
HF 241 – County Commissions of Veterans Affairs administration of duties
HF 584 – Federal jurisdiction of Agent Orange claims

SF 373 is a recommendation from the Iowa Department of Public Defense, which gives members of the National Guard or a military reserve unit in another state who are employed in Iowa the same protections regarding nondiscrimination and reemployment as Iowa National Guard members.

The Iowa Code of Military Justice is amended to stipulate that Code section 29B.1 applies to members of the state military forces when they are performing National Guard duty or state active duty. A military offense committed by one member of the state military forces during travel to or from their duty location or during intervals between consecutive periods of duty against another member, and there is a direct relationship between the offense and military membership, is subject to state military criminal jurisdiction.

The bill also changes the statute of limitations, unless otherwise provided by section 29B.44, to five years for desertion in time of peace or any other offense under the Code, subject to trial by court martial. This is increased from three years for desertion in time of peace or perjury, and two years for any other offense of the Code, subject to trial by court martial. Dismissed military criminal charges may be refiled within 180 days.
[3/08: 49-0 (Chelgren excused)]

 

HF 241 prevents a county board of supervisors or county commission of veteran affairs from placing administration of the commission under any other agency. This was recommended by the Iowa State Association of Counties.
[4/6: 49-0 (Bertrand excused)]

 

HF 584 repeals obsolete sections of Iowa Code Chapter 36 relating to duties of the Iowa Department of Veterans Affairs in reporting exposure to Agent Orange. The 1991 federal Agent Orange Act established a presumption of service connection. It authorized the Veterans Administration to contract with the Institute of Medicine of the National Academy of Sciences to review scientific evidence on exposure to herbicides used in Vietnam military operations, and to report diseases suspected to be associated with exposure. The U.S. Department of Veterans Affairs now receives and processes veterans’ claims for exposure to Agent Orange and other chemical defoliants and herbicides.
[4/6: 49-0 (Bertrand excused)]