General Assembly: 83 (2009 Regular GA) - Chapter 164 - Veteran — definition and related changes


Published: 2009-05-26

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

666LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 163

b. “Service animal” means an animal professionally trained and certified by a recognized certification entity to assist a person with a disability in meeting specific personal care needs or engaging in daily activities. 3. If the amendment is approved, the department shall adopt rules pursuant to chapter 17A

to implement this section. The rules shall provide all of the following: a. Reimbursement of the costs of maintenance of a service animal may be subject to prior

authorization. b. Reimbursement of the costs of maintenance of a service animal shall be limited to no

more than five hundred dollars per year for an individual waiver recipient. c. The process for receiving reimbursement for the maintenance of a service animal.

Approved May 26, 2009

_________________________

CH. 164CH. 164

CHAPTER 164 VETERAN — DEFINITION AND RELATED CHANGES

H.F. 503

AN ACT concerning the definition of veteran and providing an effective date.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 35.1, subsection 2, Code 2009, is amended to read as follows: 2. “Veteran” means any of the following: a. “Veteran” means a A resident of this state who served in the armed forces of the United

States at any time during the following dates andwhowas discharged under honorable condi- tions: (1) World War I from April 6, 1917, through November 11, 1918. (2) Occupation of Germany from November 12, 1918, through July 11, 1923. (3) American expeditionary forces in Siberia from November 12, 1918, through April 30,

1920. (4) Second Haitian suppression of insurrections from 1919 through 1920. (5) Second Nicaragua campaign with marines or navy in Nicaragua or on combatant ships

from 1926 through 1933. (6) Yangtze service with navy and marines in Shanghai or in the Yangtze valley from 1926

through 1927 and 1930 through 1932. (7) China service with navy and marines from 1937 through 1939. (8) World War II from December 7, 1941, through December 31, 1946. (9) Korean Conflict from June 25, 1950, through January 31, 1955. (10) Vietnam Conflict from February 28, 1961, through May 7, 1975. (11) Lebanon or Grenada service from August 24, 1982, through July 31, 1984. (12) Panama service from December 20, 1989, through January 31, 1990. (13) Persian Gulf Conflict from August 2, 1990, through the date the president or the Con-

gress of theUnitedStates declares a cessationof hostilities. However, if theUnitedStatesCon- gress enacts a date different fromAugust 2, 1990, as the beginning of the PersianGulf Conflict for purposes of determiningwhether a veteran is entitled to receivemilitary benefits as a veter- an of the Persian Gulf Conflict, that date shall be substituted for August 2, 1990. b. “Veteran” includes the following persons: (1) Former members of the reserve forces of the United States who served at least twenty

___________________

† Estimate of additional local revenue expenditures required by state mandate on file with the Secretary of State

667 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 164

years in the reserve forces and who were discharged under honorable conditions. However, a member of the reserve forces of the United States who completed a minimum aggregate of ninety days of active federal service, other than training, andwas discharged under honorable conditions, or was retired under Title X of the United States Code shall be included as a veter- an. (2) Formermembers of the Iowanational guardwho served at least twenty years in the Iowa

national guard and who were discharged under honorable conditions. However, a member of the Iowa national guard who was activated for federal duty, other than training, for a mini- mumaggregate of ninety days, andwas discharged under honorable conditions orwas retired under Title X of the United States Code shall be included as a veteran. (3) Formermembers of the active, oceangoingmerchantmarines who served duringWorld

War II at any time between December 7, 1941, and December 31, 1946, both dates inclusive, who were discharged under honorable conditions. (4) Former members of the women’s air force service pilots and other persons who have

been conferred veterans status based on their civilian duties during World War II in accor- dance with federal Pub. L. No. 95-202, 38 U.S.C. § 106. (5) Former members of the armed forces of the United States if any portion of their term of

enlistmentwould have occurredwithin during the time period specified in paragraph “a”, sub- paragraph (9) of the Korean Conflict from June 25, 1950, through January 31, 1955, but who insteadopted to serve five years in the reserve forces of theUnitedStates, as allowedby federal law, and who were discharged under honorable conditions. (6) Members of the reserve forces of theUnitedStateswhohave served at least twenty years

in the reserve forces and who continue to serve in the reserve forces. (7) Members of the Iowa national guard who have served at least twenty years in the Iowa

national guard and who continue to serve in the Iowa national guard. c. A resident of this state who served on active federal service, other than training, in the

armed forces of the United States and who was discharged under honorable conditions.

Sec. 2. Section 35A.13, subsection 1, Code 2009, is amended by striking the subsection.

Sec. 3. Section 426A.11, subsection 2, Code 2009, is amended to read as follows: 2. The property, not to exceed one thousand eight hundred fifty-two dollars in taxable value

of an honorably separated, retired, furloughed to a reserve, placed on inactive status, or dis- charged veteran, as defined in section 35.1, subsection 2, paragraph “a” or “b”.

Sec. 4. Section 426A.12, Code 2009, is amended to read as follows: 426A.12 EXEMPTIONS TO RELATIVES. 1. In case any person in the foregoing classifications does not claim the exemption from

taxation, it shall be allowed in the name of the person to the same extent on the property of any one of the following persons in the order named: 1. a. The spouse, or surviving spouse remaining unmarried, of a veteran, as defined in this

chapter or in section 35.1, subsection 2, paragraph “a” or “b”, where they are living together or were living together at the time of the death of the veteran. 2. b. The parent whose spouse is deceased andwho remains unmarried, of a veteran, as de-

fined in this chapter or in section 35.1, subsection 2, paragraph “a” or “b”, whether living or deceased, where the parent is, or was at the time of death of the veteran, dependent on the vet- eran for support. 3. c. Theminor child, or children owning property as tenants in common, of a deceased vet-

eran, as defined in this chapter or in section 35.1, subsection 2, paragraph “a” or “b”. 2. No more than one tax exemption shall be allowed under this section or section 426A.11

in the name of a veteran, as defined in this chapter or in section 35.1, subsection 2, paragraph “a” or “b”.

Sec. 5. Section 523I.304, subsection 7, Code 2009, is amended to read as follows: 7. A cemetery owned and controlled by a governmental subdivision shall adopt and enforce

668LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 164

a rule allowing any veteran who is a landowner or who lives within the governmental subdivi- sion to purchase an interment space and to be interred within the cemetery. 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 theUnitedStates, completedaminimumaggregate of ninety days of active federal service, and was discharged under honorable conditions.

Sec. 6. IMPLEMENTATION OF ACT. Section 25B.2, subsection 3, shall not apply to this Act.

Sec. 7. EFFECTIVE DATE. This Act takes effect July 1, 2010.

Approved May 26, 2009

_________________________

CH. 165CH. 165

CHAPTER 165 PUBLIC SAFETY — COMMUNICATIONS

AND EMERGENCY SERVICES

H.F. 671

ANACT relating to public safety by providing volunteer emergency services providers protec- tion from employment termination, providing for the membership of the public safety communications interoperability board, providing for modifications in the boundaries of emergency response districts, and including effective and retroactive applicability date provisions.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 80.28, subsection 2, paragraph b, unnumbered paragraph 1, Code 2009, as amended by 2009 Iowa Acts, Senate File 108,1 section 1, is amended to read as follows: The following members, to be appointed by the governor from nominees submitted by vol-

unteer and professional organizations associatedwith the following The governor shall solicit and consider recommendations from professional or volunteer organizations in appointing the following members:

Sec. 2. NEW SECTION. 100B.14 VOLUNTEER JOB PROTECTION. 1. This section shall be known as the “Volunteer Emergency Services Providers Job Protec-

tion Act”. 2. For the purposes of this section, “volunteer emergency services provider”means a volun-

teer fire fighter asdefined in section85.61, a reservepeaceofficer as defined in section80D.1A, an emergency medical care provider as defined in section 147A.1, or other personnel having voluntary emergency service duties and who are not paid full-time by the entity for which the services are performed in the local service area, in a mutual aid agreement area, or in a gover- nor-declared state of disaster emergency area. 3. A public or private employer shall not terminate the employment of an employee for join-

ing a volunteer emergency services unit or organization, including but not limited to any mu- nicipal, rural, or subscription fire department. 4. If an employee has provided the employee’s public or private employer with written noti-

fication that the employee is a volunteer emergency services provider, the employer shall not terminate the employment of a volunteer emergency services provider who, because the em-

___________________ 1 Chapter 14 herein