General Assembly: 82 (2007 Regular GA) - Chapter 176 - Veterans — Vietnam service bonus compensation


Published: 2007-05-24

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577 LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSION CH. 176

vestigation as necessary. The liquidatormay compound, compromise, or in any othermanner negotiate the amount for which claimswill be recommended to the court except where the liq- uidator is required by law to accept claims as settled by a person or organization. Unresolved disputes shall be determined under subsection 15. As soon as practicable, the liquidator shall present to the court a report of the claims against the establishment seller with the liquidator’s recommendations. The report shall include the name and address of each claimant and the amount of the claim finally recommended.

Sec. 93. Section 523A.901, subsection 21, paragraph b, Code 2007, is amended to read as follows: b. Fundswithheld under subsection 14 and not distributed shall upon discharge of the liqui-

dator be deposited with the treasurer of state and paid pursuant to subsection 18. Sums re- maining which under subsection 18 would revert to the undistributed assets of the establish- ment seller shall be transferred to the insurance division regulatory fund and become the property of the state as providedunder paragraph “a”, unless the commissioner in the commis- sioner’s discretion petitions the court to reopen the liquidation pursuant to subsection 23.

Sec. 94. Section 523A.901, subsection 24, Code 2007, is amended to read as follows: 24. DISPOSITION OF RECORDS DURING AND AFTER TERMINATION OF LIQUIDA-

TION. If it appears to the commissioner that the records of an establishment the business of a seller in the process of liquidation or completely liquidated are no longer useful, the commis- sioner may recommend to the court and the court shall direct what records shall be retained for future reference and what records shall be destroyed.

Approved May 24, 2007

_________________________

CH. 176CH. 176

CHAPTER 176

VETERANS — VIETNAM SERVICE BONUS COMPENSATION

S.F. 578

ANACT creating aVietnamConflict veterans bonus for a certain period of active dutymilitary service,making an appropriation, providing a tax exemption and a penalty, and including a retroactive applicability provision.

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

Section 1. Section 35A.8, Code 2007, is amended by adding the following new subsection: NEW SUBSECTION. 5. a. The executive director shall provide for the administration of

the bonus authorized in this subsection. The commission shall adopt rules, pursuant to chap- ter 17A, as necessary to administer this subsection includingbut not limited to applicationpro- cedures, investigation, approval or disapproval, and payment of claims. b. (1) A person who served on active duty for not less than one hundred twenty days in the

armed forces of the United States at any time between July 1, 1973, and May 31, 1975, both dates inclusive, and who at the time of entering into active duty service was a legal resident of the state of Iowa, and who had maintained the person’s residence in this state for a period of at least sixmonths immediately before entering into active duty service, andwas honorably discharged or separated from active duty service, or is still in active service in an honorable status, or has been retired, or has been furloughed to a reserve, or has been placed on inactive

578LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSIONCH. 176

status is entitled to receive from moneys appropriated for that purpose the sum of seventeen dollars and fifty cents for eachmonth that the personwas on active duty service in theVietnam service area,within thedates specified in this subparagraph, if theveteran earnedeither aViet- nam service medal or an armed forces expeditionary medal-Vietnam or can otherwise estab- lish service in the Vietnam service area during that period. Compensation under this subpara- graph shall not exceed a total sum of five hundred dollars. Compensation for a fraction of a month shall not be considered unless the fraction is sixteen days or more, in which case the fraction shall be computed as a full month. (2) A person otherwise qualified under this paragraph “b” except that the person did not

earn either aVietnamservicemedal or an armed forces expeditionarymedal-Vietnam, anddid not serve in theVietnamservice areaduring theperiodbetween July 1, 1973, andMay31, 1975, both dates inclusive, is entitled to receive frommoneys appropriated for that purpose the sum of twelvedollars and fifty cents for eachmonth that thepersonwasonactiveduty service,with- in the dates specified in subparagraph (1). Compensation under this subparagraph shall not exceed a total sum of three hundred dollars. Compensation for a fraction of a month shall not be considered unless the fraction is sixteen days or more, in which case the fraction shall be computed as a full month. (3) A person is not entitled to compensation pursuant to this subsection if the person re-

ceived a bonus or compensation similar to that provided in this subsection from another state. (4) A person is not entitled to compensation pursuant to this subsection if the person was

onactiveduty service after July 1, 1973, and theperson refusedon conscientious, political, reli- gious, or other grounds, to be subject to military discipline. (5) The surviving unremarried widow or widower, child or children, mother, father, or per-

son standing in loco parentis, in the order named and none other, of any deceased person shall be paid the compensation that the deceased person would be entitled to pursuant to this sub- section, if living. However, if any person has died or shall die, or is disabled, from service-con- nected causes incurred during the period and in the area from which the person is entitled to receive compensation pursuant to this subsection, the person or the first survivor as designat- ed by this subparagraph, and in the order named, shall be paid five hundred dollars or three hundred dollars, whichever maximum amount would have applied pursuant to subparagraph (1) or (2), regardless of the length of service. (6) The maximum compensation a person may receive pursuant to this subsection shall be

reduced by the amount of any Vietnam veterans bonus received from the state by that person for service prior to July 1, 1973. c. A personwho knowinglymakes a false statement relating to amaterial fact in supporting

an application under this subsection is guilty of a serious misdemeanor. A person convicted pursuant to this subsection shall forfeit all benefits towhich the personmayhave been entitled under this subsection. d. All payments and allowancesmade under this subsection shall be exempt from taxation,

levy, and sale on execution. e. The bonus compensation authorized under this subsection shall be paid frommoneys ap-

propriated for that purpose. f. AVietnamConflict veteransbonus fund is created in the state treasury. TheVietnamCon-

flict veterans bonus fund shall consist of all moneys appropriated to the fund to pay the bonus compensation authorized in this subsection. Notwithstanding section 12C.7, interest or earn- ings on investments or time deposits of the moneys in the Vietnam Conflict veterans bonus fund shall be credited to the bonus fund. Section 8.33 does not apply to moneys appropriated to the Vietnam Conflict veterans bonus fund.

Sec. 2. Section 422.7, Code 2007, is amended by adding the following new subsection: NEWSUBSECTION. 50. Subtract, to the extent included, the amount of any VietnamCon-

flict veterans bonus provided pursuant to section 35A.8, subsection 5.

Sec. 3. VIETNAM CONFLICT VETERANS BONUS FUND APPROPRIATION. Notwith-

579 LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSION CH. 177

standing any provision of section 35A.13 to the contrary, there is appropriated from the veter- ans trust fund created in section 35A.13 to the department of veterans affairs for the fiscal year beginning July 1, 2007, and ending June 30, 2008, the following amount, or so much thereof as is necessary, to be used for the purpose designated: For deposit in the Vietnam Conflict veterans bonus fund:

$ 500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sec. 4. RETROACTIVE APPLICABILITY. The section of this Act amending section 422.7, is retroactively applicable to January 1, 2007, and is applicable for tax years beginning on and after that date.

Approved May 24, 2007

_________________________

CH. 177CH. 177

CHAPTER 177

2007 TAX AMNESTY PROGRAM

S.F. 580

ANACT relating to a tax amnesty program,making appropriations, and including an effective date provision.

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

Section 1. TITLE. This Act may be cited as the “Iowa Tax Amnesty Act of 2007”.

Sec. 2. DEFINITIONS. When used in this Act, unless the context otherwise requires: 1. “Department” means the department of revenue. 2. “Director” means the director of revenue. 3. “Taxpayer” means a person, a corporation, or other entity subject to any tax imposed by

a law of this state, payable to this state, and administered by the department pursuant to chap- ters 422, 423, 423A, 423B, 423C, 423D, 423E, 424, 450, 450A, 450B, 451, 452A, 453A, and 453B.

Sec. 3. TAX AMNESTY PROGRAM. 1. Thedirector shall establish a tax amnesty program. The tax amnesty programshall apply

to taxpayers that have tax liabilities delinquent as of December 31, 2006, including tax due on returns not filed, tax liabilities owed to the department as of December 31, 2006, or tax liabili- ties not reported nor established but delinquent as of December 31, 2006. 2. The tax amnesty program shall be for a period from September 4, 2007, through October

31, 2007, for any tax liabilities described in subsection 1. 3. The tax amnesty program shall provide that upon written application by a taxpayer and

payment in full by the taxpayer of amounts due from the taxpayer to this state for a tax covered by the tax amnesty program plus interest equal to fifty percent of the interest that is due, the department shall not seek to collect any other interest or penalties which may be applicable. Thedepartment shall not seekcivil or criminal prosecution for a taxpayer for theperiodof time for which amnesty has been granted to the taxpayer. Failure to pay all tax liabilities due the state and delinquent as of December 31, 2006, shall invalidate the amnesty. Amnesty shall be granted for only the periods specified in the application and only if all amnesty conditions are satisfied by the taxpayer.