General Assembly: 82 (2008 Regular GA) - Chapter 1067 - Regulation of veterans commemorative property


Published: 2008-04-11

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215 LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSION CH. 1067

CH. 1067CH. 1067

CHAPTER 1067 REGULATION OF VETERANS COMMEMORATIVE PROPERTY

S.F. 2333

AN ACT relating to the regulation of veterans commemorative property.

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

Section 1. Section 37A.1, Code 2007, is amended to read as follows: 37A.1 VETERANS COMMEMORATIVE PROPERTY — PENALTY. 1. For purposes of this chapter, unless the context otherwise requires: a. “Cemetery” means as defined in section 523I.102, but includes pioneer cemeteries.

“Cemetery” does not include religious cemeteries as defined in section 523I.102 that com- menced business prior to July 1, 2005. b. a. “Department” means the Iowa department of veterans affairs. c. b. “Veteran” means a deceased person who served in the armed forces of the United

States during a war in which the United States was engaged or served full-time in active duty in a force of an organized statemilitia, excluding service in the national guardwhen in an inac- tive status. d. c. “Veterans commemorative property” means any memorial as defined in section

523I.102, including a headstone, plaque, statue, urn, decoration, flag holder, badge, shield, item of memorabilia, or other embellishment, that meets all of the following criteria: (1) Is over seventy-five years old. (2) Identifies identifies or commemorates any veteran or group of veterans, including any

veterans organization or any military unit, company, battalion, or division. (3) Has been placed in a cemetery. e. d. “Veterans organization”means the grand army of the republic, sons of union veterans

of the civil war, sons of confederate veterans, veterans of foreignwars, disabled American vet- erans, united Spanish war veterans, the Jewish war veterans of the United States, inc., the Catholic war veterans, inc., American legion, American veterans of World War II, Italian American war veterans of the United States, inc., or other corporation or association of veter- ans. 2. A personwho owns or controls a cemetery property where any veterans commemorative

property has been placed shall not sell, trade, or transfer any part of such veterans commemo- rative property unless the department authorizes the person to do so. The department may authorize the sale, trade, or transfer based upon the following criteria: a. The veterans commemorative property is at reasonable risk of physically deteriorating

so that it will become unrecognizable as identifying or commemorating the veteran or group of veterans originally identified or commemorated. b. The veterans commemorative property is proposed to be sold, traded, or transferred to

a suitable person thatwill preserve the current conditionof theveterans commemorativeprop- erty and place it in a suitable place that will commemorate the veteran or group of veterans. c. The person needs to sell, trade, or transfer the veterans commemorative property to en-

sure that sufficient funds are available to suitably maintain the cemetery where the veterans commemorative property is placed, and the specific lot, plot, grave, burial place, niche, crypt, or other place of interment of such veteran or group of veterans. d. The veterans commemorative property that is to be sold, traded, or transferred will be

replaced at its original site by a fitting replacement commemorative property, monument, or marker that appropriately identifies and commemorates the veteran or group of veterans. e. If the person reasonably believes that the veterans commemorative property to be sold,

traded, or transferred was donated by a veterans organization, the veterans organization con- sents to the sale, trade, or transfer of the veterans commemorative property. f. If the person is not the owner of the veterans commemorative property that is to be sold,

216LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSIONCH. 1067

traded, or transferred, the person is authorized by the owner of such veterans commemorative property, or by operation of law other than this section, to sell, trade, or transfer the veterans commemorative property and to retain and use the proceeds of the sale, trade, or transfer. 3. A personwho engages in the sale, trade, or transfer of veterans commemorative property

without the authorizationof thedepartment pursuant to this section is guilty of a simplemisde- meanor. 4. The departmentmay adopt rules in accordancewith chapter 17A to administer this chap-

ter.

Approved April 11, 2008

_________________________

CH. 1068CH. 1068

CHAPTER 1068 RIGHTS OF VICTIMS OF ALLEGED SEXUAL ASSAULT

S.F. 2335

AN ACT relating to the rights of a victim of an alleged sexual assault and notification of these rights by a peace officer.

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

Section 1. Section 709.22, Code 2007, is amended to read as follows: 709.22 PREVENTIONOF FURTHER SEXUAL ASSAULT—NOTIFICATION OF RIGHTS. 1. If a peace officer has reason to believe that a sexual assault as defined in section 915.40

has occurred, the officer shall use all reasonable means to prevent further violence including but not limited to the following: 1. a. If requested, remaining on the scene of the alleged sexual assault as long as there is

a danger to the victim’s physical safety without the presence of a peace officer, including but not limited to staying in the dwelling unit or residencewhen it is the scene of the alleged sexual assault, or if unable to remain on the scene, assisting the victim in leaving the residence scene. 2. b. Assisting a victim in obtaining medical treatment necessitated by the sexual assault,

including providing assistance to the victim in obtaining transportation to the emergency room of the nearest hospital. 3. c. Providing a victim with immediate and adequate notice of the victim’s rights. The no-

tice shall consist of handing the victim a copy of the following statementwritten in English and Spanish, asking the victim to read the statement, and asking whether the victim understands the rights: (1) “You have the right to ask the court for help with any of the following on a temporary

basis: a. (a) Keeping your attacker away from you, your home, and your place of work. b. (b) The right to stay at your home without interference from your attacker. c. (c) The right to seek a no-contact order under section 664A.3 or 915.22, if your attacker

is arrested for sexual assault. (2) You have the right to register as a victimwith the county attorney under section 915.12. (3) You have the right to file a complaint for threats, assaults, or other related crimes. (4) Youhave the right to seek restitution against your attacker for harm to youor your prop-

erty. (5) You have the right to apply for victim compensation.