General Assembly: 82 (2008 Regular GA) - Chapter 1064 - Educational assistance for children of persons who die during active military service


Published: 2008-04-11

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204LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSIONCH. 1063

confirmation is sent to the consumer within thirty days of posting the change. For an address change,written confirmation shall be sent to both thenewand former addresses. Written con- firmation is not required to correct spelling and typographical errors.

Sec. 10. NEW SECTION. 714F.10 WAIVER VOID. A waiver by a consumer of the provisions of this chapter is contrary to public policy, and is

void and unenforceable.

Sec. 11. NEW SECTION. 714F.11 ENFORCEMENT. A person who violates this chapter violates section 714.16, subsection 2, paragraph “a”. All

powers conferred upon the attorney general to accomplish the objectives and carry out the du- ties prescribed in section 714.16 are also conferred upon the attorney general to enforce this chapter, including but not limited to the power to issue subpoenas, adopt rules, and seek in- junctive relief and amonetary award for civil penalties, attorney fees, and costs. Additionally, the attorney generalmay seek and recover the greater of five hundred dollars or actual damag- es for each customer injured by a violation of this chapter.

Approved April 11, 2008

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CH. 1064CH. 1064

CHAPTER 1064 EDUCATIONAL ASSISTANCE FOR CHILDREN OF PERSONS

WHO DIE DURING ACTIVE MILITARY SERVICE

S.F. 2289

ANACT concerning state educational assistance to children of deceased veterans and thewar orphans educational assistance fund, and including an effective date and retroactive ap- plicability provision.

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

Section 1. Section 35.8, Code 2007, is amended to read as follows: 35.8 WAR ORPHANS EDUCATIONAL ASSISTANCE FUND. Awar orphans educational assistance fund is created as a separate fund in the state treasury

under the control of the department of veterans affairs. Any money appropriated for the pur- pose of assisting in the education of orphaned children of veterans, as defined in section 35.1, or the education of a child as provided in section 35.9, subsection 2, shall be deposited in the war orphans educational assistance fund. Notwithstanding section 8.33, any unexpended or unencumbered moneys remaining in the fund at the end of the fiscal year shall not revert, but shall remain available for expenditure for purposes of this section in succeeding fiscal years.

Sec. 2. Section 35.9, subsection 2, Code 2007, is amended to read as follows: 2. a. Upon application by a child who has lived in the state of Iowa for two years preceding

application for state educational assistance is less than thirty-one years of age, and who is the child of a person who died on or after September 11, 2001, during active federal military ser- vice while serving in the armed forces or during active federal military service in the Iowa na- tional guard or other military component of the United States, and who at the time of entering into active military service had maintained the person’s residence in the state for a period of

205 LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSION CH. 1065

at least six months immediately before entering into active military service, the department shall provide state educational assistance in the an amount of five thousand five hundred dol- lars per year nomore than the highest resident undergraduate tuition rate established per year for an institution of higher learning under the control of the state board of regents less the amount of any state and federal education benefits, grants, or scholarships received by the child, or the amount of the child’s established financial need, whichever is less, to defray the expenses of tuition, matriculation, laboratory and similar fees, books and supplies, board, lodging, and any other reasonably necessary expense for the child or children incident to at- tendance in this state at a community college established under chapter 260C or at an institu- tion of higher education governedby the state board of regents any postsecondary educational institution in this state. b. A child eligible to receive state educational assistance under this subsection shall begin

postsecondary education prior to reaching age twenty-six, shall not receivemore than twenty- seven thousand five hundred dollars under this subsection an amount equal to five times the highest resident undergraduate tuition rate established per year for an institution of higher learning under the control of the state board of regents during the child’s lifetime, and shall, to remain eligible for assistance, meet the academic progress standards of the postsecondary educational institution. Payments for state educational assistance for a child under this sub- section shall bemade to the applicable postsecondary educational institution. The college stu- dent aid commissionmay, if requested, assist the department in administering this subsection.

Sec. 3. EFFECTIVE DATE AND RETROACTIVE APPLICABILITY. This Act, being deemed of immediate importance, takes effect upon enactment and is retroactively applicable to July 1, 2007, and is applicable on and after that date.

Approved April 11, 2008

_________________________

CH. 1065CH. 1065

CHAPTER 1065 UNIFORM FINANCE PROCEDURES FOR STATE BOND ISSUANCE

S.F. 2301

AN ACTmaking revisions and modifications to uniform finance procedures for bonds issued by the state.

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

Section 1. Section 12A.1, Code Supplement 2007, is amended to read as follows: 12A.1 DEFINITIONS. As used in this chapter, unless the context otherwise requires: 1. “Authorizing document documents” means the a resolution of the issuer, an indenture of

trust, or any other instrument setting forth the terms and conditions of obligations bonds is- sued in accordance with the provisions of this chapter. 2. “Bonds”means bonds, including refunding bonds, notes, and other obligations issued by

an issuer. 2. 3. “Enabling legislation” means legislation enabling the issuance by an issuer of obliga-

tions bonds in accordance with the provisions of this chapter. 3. 4. “Issuer” means the state, a department or public or quasi-public agency or instrumen-

tality of the state, or an authority of the state, authorized to issue obligations and enabled to issue the obligations bonds in accordance with the provisions of this chapter.