House File 2505 - Introduced HOUSE FILE 2505 BY RINKER A BILL FOR An Act relating to state services and benefits provided 1 to veterans, including state grants, public assistance 2 programs, business fee waivers, substance use disorder 3 programs, mental health and disability services, 4 undergraduate tuition and fees, disabled veteran tax 5 credits, department of natural resources licenses and 6 fees, civil litigation priority, vehicle registration fees, 7 and drivers licenses, making penalties applicable, making 8 appropriations, and including effective date provisions. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 10 TLSB 6143YH (2) 90 dg/jh
H.F. 2505 DIVISION I 1 VETERAN PREFERENCE STATE GRANTS 2 Section 1. NEW SECTION . 35.4 Veteran preference state 3 grants. 4 1. A state agency shall give preference to a veteran over 5 other applicants of no greater qualifications for the award of 6 a grant that is overseen, implemented, or funded by the state. 7 2. For purposes of this section, state agency means the 8 same as defined in section 8.11. 9 DIVISION II 10 VETERAN PREFERENCE PUBLIC ASSISTANCE PROGRAMS 11 Sec. 2. NEW SECTION . 35C.10 Veterans preference public 12 assistance programs. 13 Veterans who are citizens and residents of the United States 14 are entitled to preference for assistance programs including 15 but not limited to public assistance pursuant to chapter 16 239, the family investment program pursuant to chapter 239B, 17 the supplemental nutrition program for women, infants, and 18 children, the state child care assistance program established 19 pursuant to section 237A.13, and the United States department 20 of housing and urban development housing choice voucher 21 program. 22 DIVISION III 23 BUSINESS FEE WAIVERS 24 Sec. 3. Section 9.11, unnumbered paragraph 1, Code 2024, is 25 amended to read as follows: 26 As used in this subchapter part, unless the context 27 otherwise requires: 28 Sec. 4. Section 9.12, Code 2024, is amended to read as 29 follows: 30 9.12 Rules. 31 The secretary shall adopt rules pursuant to chapter 17A 32 necessary or desirable to administer this subchapter part , 33 including by offering and performing extra filing services upon 34 request by filers. The rules may increase the amount of a 35 -1- LSB 6143YH (2) 90 dg/jh 1/ 23
H.F. 2505 surcharge implemented, assessed, and collected, or modify the 1 period of service as provided under this subchapter part . 2 Sec. 5. NEW SECTION . 9.21 Definitions. 3 As used in this part, unless the context otherwise requires: 4 1. Secretary means the secretary of state. 5 2. Waiver means a military service filing fee waiver as 6 provided in sections 9.22 and 9.23. 7 Sec. 6. NEW SECTION . 9.22 Rules. 8 1. The secretary of state shall adopt rules pursuant to 9 chapter 17A necessary or desirable to administer this part. 10 2. The rules adopted pursuant to subsection 1 shall at least 11 provide procedures governing a request by a qualified business 12 entity to receive a military service filing fee waiver from 13 the secretary, the secretarys approval or rejection of that 14 request, and the qualified business entitys receipt and use of 15 that waiver by an eligible filer, all as provided in sections 16 9.24 and 9.25. 17 Sec. 7. NEW SECTION . 9.23 Fees not subject to waiver. 18 1. This part does not apply to waive a fee imposed on a 19 filed select document if the qualified business entity receives 20 the waiver after the select document is filed, unless the 21 secretary of state allows for the refund of such fee. 22 2. This part does not prohibit the refund of a filing fee 23 otherwise authorized by another provision of law. 24 Sec. 8. NEW SECTION . 9.24 Military service filing fee 25 waiver. 26 Notwithstanding any other provision of law to the contrary, 27 the secretary of state shall establish a military service 28 filing fee waiver. The waiver shall apply to select documents, 29 if filed on behalf of a qualified business entity by an 30 eligible filer, and approved by the secretary, as provided in 31 section 9.25. 32 Sec. 9. NEW SECTION . 9.25 Qualifications for business 33 entities, eligibility for filers, and selection of documents 34 criteria. 35 -2- LSB 6143YH (2) 90 dg/jh 2/ 23
H.F. 2505 1. A business entity qualifies to receive a military 1 service filing fee waiver if the business entity is any of the 2 following: 3 a. A domestic limited partnership formed under chapter 488 4 or a foreign limited partnership transacting business in this 5 state under that chapter. 6 b. A domestic limited liability company formed under chapter 7 489 or a foreign limited liability company doing business in 8 this state under that chapter. 9 c. A domestic corporation formed under chapter 490 or a 10 foreign corporation doing business in this state under that 11 chapter. 12 d. A domestic nonprofit corporation formed under chapter 504 13 or a foreign nonprofit corporation transacting business in this 14 state under that chapter. 15 2. An individual is eligible to sign for filing a select 16 document receiving a waiver on behalf of the qualified business 17 entity, if the individual is all of the following: 18 a. An interest holder in the qualified business entity. 19 b. Any of the following: 20 (1) An officer or enlisted member serving in the armed 21 forces of the United States, including any component, part, or 22 corps of the armed forces of the United States, as described 23 in chapter 29A. 24 (2) An officer or enlisted member of the national guard or 25 organized reserves of the armed forces of the United States; 26 any regular, reserve, or auxiliary member of the United States 27 coast guard; or any member of the civil air patrol. 28 (3) A veteran as defined in section 35.1. 29 3. A document is selected to receive a waiver only if the 30 document is named in the following: 31 a. Section 488.117A, subsection 1, for limited partnerships. 32 b. Section 489.122, subsection 1, for limited liability 33 companies. 34 c. Section 490.122, subsection 1, for corporations. 35 -3- LSB 6143YH (2) 90 dg/jh 3/ 23
H.F. 2505 d. Section 504.113, subsection 1, for nonprofit 1 corporations. 2 4. The secretary by rule may provide for all of the 3 following: 4 a. Additional requirements for the qualifications of a 5 business entity, the eligibility of a filer, or a documents 6 selection for waiver. 7 b. A routine approval process. 8 Sec. 10. Section 488.117A, subsection 1, unnumbered 9 paragraph 1, Code 2024, is amended to read as follows: 10 The Except as provided in subsection 4, the secretary of 11 state shall collect the following fees when the documents 12 described in this subsection are delivered to the secretarys 13 office for filing: 14 Sec. 11. Section 488.117A, Code 2024, is amended by adding 15 the following new subsection: 16 NEW SUBSECTION . 4. A limited partnership, filing as a 17 qualified business entity under chapter 9, subchapter II, part 18 2, may request and shall receive a military service filing fee 19 waiver for a select document named in subsection 1. 20 Sec. 12. Section 489.122, subsection 1, unnumbered 21 paragraph 1, Code 2024, is amended to read as follows: 22 The Except as provided in subsection 3A, the secretary of 23 state shall collect the following fees when documents described 24 in this subsection are delivered to the secretarys office for 25 filing: 26 Sec. 13. Section 489.122, Code 2024, is amended by adding 27 the following new subsection: 28 NEW SUBSECTION . 3A. A limited liability company, or foreign 29 limited liability company, filing as a qualified business 30 entity under chapter 9, subchapter II, part 2, may request and 31 shall receive a military service filing fee waiver for a select 32 document named in subsection 1. 33 Sec. 14. Section 490.122, subsection 1, unnumbered 34 paragraph 1, Code 2024, is amended to read as follows: 35 -4- LSB 6143YH (2) 90 dg/jh 4/ 23
H.F. 2505 The Except as provided in subsection 4, the secretary of 1 state shall collect the following fees when the documents 2 described in this subsection are delivered to the secretary of 3 state for filing: 4 Sec. 15. Section 490.122, Code 2024, is amended by adding 5 the following new subsection: 6 NEW SUBSECTION . 4. A corporation, or a foreign corporation, 7 filing as a qualified business entity under chapter 9, 8 subchapter II, part 2, may request and shall receive a military 9 service filing fee waiver for a select document named in 10 subsection 1. 11 Sec. 16. Section 504.113, subsection 1, unnumbered 12 paragraph 1, Code 2024, is amended to read as follows: 13 The Except as provided in subsection 4, the secretary of 14 state shall collect the following fees, as provided by the 15 secretary of state, when the documents described in this 16 subsection are delivered for filing: 17 Sec. 17. Section 504.113, Code 2024, is amended by adding 18 the following new subsection: 19 NEW SUBSECTION . 4. A corporation, filing as a qualified 20 business entity under chapter 9, subchapter II, part 2, may 21 request and shall receive a military service filing fee waiver 22 for a select document named in subsection 1. 23 Sec. 18. EFFECTIVE DATE. This division of this Act takes 24 effect January 1, 2025. 25 DIVISION IV 26 SUBSTANCE USE DISORDER PROGRAMS MENTAL HEALTH AND DISABILITY 27 SERVICES 28 Sec. 19. NEW SECTION . 125.35 Veterans priority 29 assistance. 30 Each facility licensed under this chapter that maintains a 31 wait list for care, maintenance, or treatment of persons with 32 a substance use disorder shall place a veteran, as defined in 33 section 35.1, on the wait list in a position that allows the 34 veteran priority for acceptance into the treatment program 35 -5- LSB 6143YH (2) 90 dg/jh 5/ 23
H.F. 2505 under section 125.32 before any person on the wait list who is 1 not a veteran, but after each veteran currently on the wait 2 list. 3 Sec. 20. NEW SECTION . 225C.22 Veterans priority 4 assistance. 5 Each service provider operating through the mental health 6 and disability services regional service system that maintains 7 a wait list for mental health or disability services shall 8 place a veteran, as defined in section 35.1, on the wait list 9 in a position that allows the veteran to receive the services 10 before any person on the wait list who is not a veteran, but 11 after each veteran currently on the wait list. 12 DIVISION V 13 WAIVER OF UNDERGRADUATE TUITION AND MANDATORY FEES 14 Sec. 21. Section 262.9, Code 2024, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 17A. a. Subject to paragraph b , adopt 17 rules that require institutions of higher education under 18 its control to waive all undergraduate tuition and mandatory 19 fees for veterans or a dependent of a veteran, if designated 20 by a veteran, while the veteran or dependent is enrolled in 21 the institution of higher education, if all of the following 22 requirements are satisfied: 23 (1) The veteran was a resident of this state immediately 24 prior to joining the armed forces of the United States. 25 (2) The veteran was discharged from the armed forces of the 26 United States under honorable conditions. 27 (3) The veteran resides in this state immediately prior 28 to applying to enroll, or prior to the dependent applying to 29 enroll, in the institution of higher education. 30 b. The rules shall not waive an amount of tuition and 31 mandatory fees that exceeds the difference between the combined 32 amount of tuition and mandatory fees charged by the institution 33 less any federal financial aid award the veteran or dependent 34 receives under any federal program that provides financial aid 35 -6- LSB 6143YH (2) 90 dg/jh 6/ 23
H.F. 2505 to veterans. 1 c. For purposes of this subsection: 2 (1) Dependent means the spouse or child of a veteran. 3 (2) Veteran means the same as defined in section 35.1. 4 DIVISION VI 5 DRIVERS LICENSE VETERAN STATUS FEES 6 Sec. 22. Section 321.189, subsection 8, Code 2024, is 7 amended to read as follows: 8 8. Veterans Veteran status. A licensee who is an honorably 9 discharged a veteran of the armed forces of the United States , 10 as defined in section 35.1, may request that the license be 11 marked to reflect the licensees veteran status. Upon such 12 a request, the word VETERAN shall be marked prominently on 13 the face of the license. Such a license shall be issued upon 14 receipt of satisfactory proof of veteran status pursuant to 15 procedures established by the department in consultation with 16 the department of veterans affairs, or upon presentation of 17 the licensees certification of release or discharge from 18 active duty, DD form 214, to the department at the time of 19 the licensees request, if the form indicates the licensee 20 was honorably discharged. If the license is issued upon 21 presentation of the licensees certification of release or 22 discharge from active duty, DD form 214, the department shall 23 notify the commission of veteran affairs of the county of the 24 licensees residence that the licensee was issued a license 25 marked to reflect the licensees veteran status. After 26 receiving notification from the department, the commission of 27 veteran affairs shall initiate contact with the licensee. 28 Sec. 23. Section 321.191, subsection 10, paragraph a, Code 29 2024, is amended to read as follows: 30 a. The fees set forth under subsections 2 , 3, 4, and 5 to an 31 applicant who is a veteran with a permanent service-connected 32 disability rating of one hundred percent, as certified by the 33 United States department of veterans affairs , as defined in 34 section 35.1 . 35 -7- LSB 6143YH (2) 90 dg/jh 7/ 23
H.F. 2505 DIVISION VII 1 VEHICLE REGISTRATION FEES VETERANS EXEMPT 2 Sec. 24. Section 321.105, Code 2024, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 6. A veteran, as defined in section 35.1, 5 who is not otherwise exempt under subsection 5, is exempt from 6 payment of annual registration fees provided in this chapter 7 for not more than three vehicles registered by the veteran, if 8 the veteran resides in Iowa. The veteran shall be provided, 9 without fee, one set of regular registration plates for each 10 vehicle. In lieu of the set of regular registration plates 11 available without fee, the veteran may obtain a set of special 12 registration plates or personalized registration plates issued 13 under section 321.34 by paying the additional fees associated 14 with those plates. 15 DIVISION VIII 16 DISABLED VETERAN TAX CREDIT 17 Sec. 25. NEW SECTION . 426D.1 Disabled veterans property 18 tax credit. 19 1. For purposes of this section, qualifying veteran means 20 a person who meets the definition of a veteran under section 21 35.1, and has a disability rating of twenty percent or more as 22 certified by the United States department of veterans affairs. 23 2. A qualifying veteran shall be allowed a credit on each 24 property that is owned solely by the qualifying veteran or 25 jointly by the qualifying veteran and the qualifying veterans 26 spouse. 27 3. The amount of the credit under this section on a property 28 shall be equal to the property tax owed on the property 29 multiplied by the disability rating given to the qualifying 30 veteran as certified by the United States department of 31 veterans affairs, up to a maximum reduction of ten thousand 32 dollars per property. 33 4. The credit allowed under this section shall continue 34 until the later to occur of the following: 35 -8- LSB 6143YH (2) 90 dg/jh 8/ 23
H.F. 2505 a. The qualifying veteran dies. 1 b. The qualifying veterans surviving spouse dies or the 2 qualifying veterans surviving spouse remarries, whichever is 3 earlier. 4 5. a. Except as provided in paragraph b , the list of 5 the names and addresses of individuals allowed a credit under 6 this section and maintained by the county recorder, county 7 treasurer, county assessor, city assessor, or other government 8 body is confidential information and shall not be disseminated 9 to any person unless otherwise ordered by a court or released 10 by the lawful custodian of the records pursuant to state or 11 federal law. The county recorder, county treasurer, county 12 assessor, city assessor, or other government body responsible 13 for maintaining the names and addresses of individuals 14 allowed a credit under this section may display the credit on 15 individual paper records and individual electronic records, 16 including display on an internet site. 17 b. Upon request, a county recorder, county assessor, city 18 assessor, or other entity may share information as described 19 in paragraph a with a county veterans service officer for 20 purposes of providing information on benefits and services 21 available to veterans and their families. 22 Sec. 26. NEW SECTION . 426D.2 Computation by auditor. 23 On or before August 1 of each year, the county auditor 24 shall certify to the county treasurer all claims for disabled 25 veteran tax credits which have been allowed by the board of 26 supervisors. Such certificate shall list the total amount 27 of dollars, listed by taxing district in the county, due for 28 disabled veteran tax credits claimed and allowed. The county 29 treasurer shall certify to the department of revenue the amount 30 of dollars, listed by taxing district in the county, due for 31 disabled veteran tax credits claimed and allowed. 32 Sec. 27. NEW SECTION . 426D.3 Certification by director of 33 revenue. 34 Sums distributable from the general fund of the state 35 -9- LSB 6143YH (2) 90 dg/jh 9/ 23
H.F. 2505 shall be allocated annually to the counties of the state. 1 On September 15 of each year, the director of revenue shall 2 certify and the department of administrative services shall 3 draw warrants to the treasurer of each county payable from the 4 general fund of the state in the amount claimed. Payments 5 shall be made to the treasurer of each county no later than 6 September 30 of each year. 7 Sec. 28. NEW SECTION . 426D.4 Proportionate shares to 8 districts. 9 The amount of credits received under this chapter shall be 10 apportioned by each county treasurer to the several taxing 11 districts. Each taxing district shall receive its share of the 12 disabled veteran tax credit allowed in the taxing district on a 13 property in an amount equal to the proportion of the levy made 14 by the taxing district in relation to the total of all levies 15 made on the property. 16 Sec. 29. NEW SECTION . 426D.5 Setting aside allowance. 17 If the department of revenue determines that a claim for 18 disabled veteran tax credit has been allowed by a board of 19 supervisors which is not justifiable under the law and not 20 substantiated by proper facts, the department may, at any time 21 within thirty-six months from July 1 of the year in which 22 the claim is allowed, set aside the allowance. Notice of 23 the disallowance shall be given to the county auditor of the 24 county in which the claim has been improperly granted and a 25 written notice of the disallowance shall also be addressed 26 to the claimant at the claimants last known address. The 27 claimant or the board of supervisors may appeal to the 28 director of revenue within thirty days from the date of the 29 notice of disallowance. The director shall grant a hearing 30 and if, upon the hearing, the director determines that the 31 disallowance was incorrect, the director shall set aside the 32 disallowance. The director shall notify the claimant and 33 the board of supervisors of the result of the hearing. The 34 claimant or the board of supervisors may seek judicial review 35 -10- LSB 6143YH (2) 90 dg/jh 10/ 23
H.F. 2505 of the action of the director of revenue in accordance with 1 chapter 17A. If a claim is disallowed by the department of 2 revenue and not appealed to the director of revenue or appealed 3 to the director of revenue and subsequently upheld upon final 4 resolution, including judicial review, the credits allowed and 5 paid from the general fund of the state become a lien upon the 6 property on which the credit was originally granted if the 7 property is still owned by the claimant and not a bona fide 8 purchaser. The amount owing on the lien shall be collected by 9 the county treasurer in the same manner as other taxes, and 10 the collections shall be returned to the department of revenue 11 and credited to the general fund of the state. The director 12 of revenue may institute legal proceedings against a disabled 13 veteran tax credit claimant for the collection of payments made 14 on disallowed credits. 15 Sec. 30. NEW SECTION . 426D.6 Forms rules. 16 1. The director of revenue shall prescribe the form for 17 making a verified statement and designating property for the 18 disabled veteran tax credit and such other forms as may be 19 necessary for the proper administration of this chapter. The 20 department of revenue shall forward to each county auditor 21 prescribed sample forms. 22 2. The department of revenue shall adopt rules pursuant to 23 chapter 17A to implement and administer this chapter. 24 Sec. 31. NEW SECTION . 426D.7 Excess remitted appeals. 25 1. If the amount of credit apportioned to any property 26 eligible for a disabled veteran tax credit under this chapter 27 in any year shall exceed the total tax, exclusive of any 28 special assessments levied against such property eligible 29 for the disabled veteran tax credit, then the excess shall 30 be remitted by the county treasurer to the department of 31 revenue to be redeposited in the general fund of the state and 32 reallocated the following year by the department. 33 2. a. If any claim for a credit made has been denied 34 by the board of supervisors, and the action is subsequently 35 -11- LSB 6143YH (2) 90 dg/jh 11/ 23
H.F. 2505 reversed on appeal, the credit shall be allowed on the assessed 1 valuation, not to exceed the amount of the disabled veteran 2 tax credit involved in the appeal, as was allowed on other 3 disabled veteran tax credit valuations for the year or years in 4 question, and the director of revenue, the county auditor, and 5 the county treasurer shall credit and change their books and 6 records accordingly. 7 b. If the appealing taxpayer has paid one or both of 8 the installments of the tax payable in the year or years 9 in question on the disabled veteran tax credit valuation, 10 remittance shall be made to the county treasurer in the amount 11 of such credit. 12 c. The amount of the credit shall be allocated and paid 13 from the surplus redeposited in the general fund of the state 14 provided for in subsection 1. 15 Sec. 32. NEW SECTION . 426D.8 Erroneous credits. 16 If any claim is allowed, and subsequently reversed on 17 appeal, any credit shall be void, and the amount of the 18 credit shall be charged against the property in question, and 19 the director of revenue, the county auditor, and the county 20 treasurer shall correct their books and records. The amount of 21 the erroneous credit, when collected, shall be returned by the 22 county treasurer to the general fund of the state. 23 Sec. 33. NEW SECTION . 426D.9 Allowance continuing 24 effectiveness. 25 1. The assessor shall retain a permanent file of current 26 disabled veteran tax credit claims filed in the assessors 27 office. The assessor shall file a notice of transfer of 28 property for which a claim is filed when notice is received 29 from the office of the county recorder, from the person 30 who sold or transferred the property, or from the personal 31 representative of a deceased claimant. 32 2. The county recorder shall give notice to the assessor 33 of each transfer of title filed in the recorders office. The 34 notice shall describe the property transferred, the name of the 35 -12- LSB 6143YH (2) 90 dg/jh 12/ 23
H.F. 2505 person transferring the title to the property, and the name of 1 the person to whom title to the property has been transferred. 2 3. Not later than July 6 of each year, the assessor shall 3 remit the claims and designations of property to the county 4 auditor with the assessors recommendation for allowance 5 or disallowance. If the assessor recommends disallowance 6 of a claim, the assessor shall submit the reasons for the 7 recommendation, in writing, to the county auditor. 8 4. The county auditor shall forward the claims to the board 9 of supervisors. The board shall allow or disallow the claims. 10 If the board disallows a claim, it shall send written notice, 11 by mail, to the claimant at the claimants last known address. 12 The notice shall state the reasons for disallowing the claim 13 for the credit. The board is not required to send notice that 14 a claim is disallowed if the claimant voluntarily withdraws the 15 claim. 16 5. Any person whose claim is denied under the provisions 17 of this chapter may appeal from the action of the board of 18 supervisors in the district court of the county in which said 19 claimed disabled veteran tax credit is situated by giving 20 written notice of such appeal to the county auditor of said 21 county within twenty days from the date of mailing of notice of 22 such action by the board of supervisors. 23 6. Upon adoption of a resolution by the county board of 24 supervisors, any person may request, in writing, from the 25 appropriate assessor forms for the filing for a disabled 26 veteran tax credit. The person may complete the form, which 27 shall include a statement claiming the disabled veteran tax 28 credit and designating the property upon which the tax credit 29 is claimed, and mail or return it to the appropriate assessor. 30 The signature of the claimant on the claim shall be considered 31 the claimants acknowledgment that all statements and facts 32 entered on the form are correct to the best of the claimants 33 knowledge. 34 Sec. 34. NEW SECTION . 426D.10 Penalty. 35 -13- LSB 6143YH (2) 90 dg/jh 13/ 23
H.F. 2505 Any person making a false affidavit for the purpose of 1 obtaining the credit provided for in this chapter or who 2 knowingly receives the credit without being legally entitled to 3 the credit, shall be guilty of a fraudulent practice. 4 Sec. 35. NEW SECTION . 426D.11 Appropriations. 5 There is appropriated from the general fund of the state 6 the amounts necessary to fund the credits provided under this 7 chapter. 8 DIVISION IX 9 DEPARTMENT OF NATURAL RESOURCES LICENSES AND FEES 10 Sec. 36. Section 455A.14, Code 2024, is amended by adding 11 the following new subsection: 12 NEW SUBSECTION . 6. The department shall not require a 13 veteran to pay a fee established by the department pursuant to 14 this section. The department of veterans affairs shall assist 15 the department in verifying the status or claims of applicants 16 under this subsection. As used in this subsection, veteran 17 means the same as defined in section 35.1. 18 Sec. 37. NEW SECTION . 462A.5B Veteran registration fee. 19 A veteran who submits a proper application for a vessel 20 registration pursuant to section 462A.5 shall receive a 21 registration certificate from the county recorder without 22 paying a registration or writing fee. The department of 23 veterans affairs shall assist the department and the county 24 recorders office in verifying the status or claims of 25 applicants under this section. As used in this section, 26 veteran means the same as defined in section 35.1. 27 Sec. 38. Section 483A.1, subsection 1, Code 2024, is amended 28 to read as follows: 29 1. a. Except as otherwise provided in this chapter , a 30 person shall not fish, trap, hunt, pursue, catch, kill, take 31 in any manner, use, have possession of, sell, or transport 32 all or a part of any wild animal, bird, game, turtle, or 33 fish, the protection and regulation of which is desirable for 34 the conservation of resources of the state, without first 35 -14- LSB 6143YH (2) 90 dg/jh 14/ 23
H.F. 2505 obtaining a license for that purpose, and the payment of a fee 1 as established by rules adopted by the commission pursuant to 2 chapter 17A . 3 b. A veteran applying for any hunting, fur harvester, or 4 fishing license issued pursuant to paragraph a , whether 5 general or specific, is not required to pay a fee to obtain 6 the license. The department of veterans affairs shall assist 7 the department in verifying the status or claims of applicants 8 under this paragraph. As used in this paragraph, veteran 9 means the same as defined in section 35.1. 10 Sec. 39. Section 483A.3, subsection 1, Code 2024, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . e. A veteran who has obtained a valid 13 hunting or fur harvester license pursuant to section 483A.1 is 14 not required to pay the wildlife habitat fee for that license. 15 The department of veterans affairs shall assist the department 16 in verifying the status or claims of applicants under this 17 paragraph. As used in this paragraph, veteran means the same 18 as defined in section 35.1. 19 Sec. 40. Section 483A.6, Code 2024, is amended to read as 20 follows: 21 483A.6 Trout fishing fee. 22 Any person required to have a fishing license , except for 23 a veteran, shall not fish for or possess trout unless that 24 person has paid the trout fishing fee. The department shall 25 not require a veteran to pay a trout fishing fee. The proceeds 26 from the fee shall be used exclusively for the trout program 27 designated by the commission. The commission may grant a 28 permit to a community event in which trout will be stocked in 29 water which that is not designated trout water and a person may 30 catch and possess trout during the period and from the water 31 covered by the permit without having paid the trout fishing 32 fee. For purposes of this section, veteran means the same as 33 defined in section 35.1. 34 Sec. 41. Section 483A.24, subsections 16 and 19, Code 2024, 35 -15- LSB 6143YH (2) 90 dg/jh 15/ 23
H.F. 2505 are amended to read as follows: 1 16. Upon payment of the fee established by rules adopted 2 pursuant to section 483A.1 application for a lifetime fishing 3 license or lifetime hunting and fishing combined license, the 4 department shall issue a lifetime fishing license or lifetime 5 hunting and fishing combined license to a resident of Iowa 6 who has served in the armed forces of the United States on 7 federal active duty and who was disabled or was a prisoner of 8 war during that veterans military service. The department 9 shall prepare an application to be used by a person requesting 10 a lifetime fishing license or lifetime hunting and fishing 11 combined license under this subsection . The department of 12 veterans affairs shall assist the department in verifying the 13 status or claims of applicants under this subsection . As used 14 in this subsection , disabled means entitled to a service 15 connected rating under 38 U.S.C. ch. 11. 16 19. Upon payment of a fee established by rules adopted 17 pursuant to section 483A.1 application for a lifetime trout 18 fishing license, the department shall issue a lifetime trout 19 fishing license to a person who is at least sixty-five years 20 of age or to a person who qualifies for the disabled veteran 21 homestead credit under section 425.15 . The department shall 22 prepare an application to be used by a person requesting a 23 lifetime trout fishing license under this subsection . 24 DIVISION X 25 CIVIL LITIGATION BY VETERANS 26 Sec. 42. NEW SECTION . 610B.1 Civil actions or appeals 27 brought by veterans. 28 If a person bringing a civil action or appeal is a veteran, 29 as defined in section 35.1, the court shall make every effort 30 to grant the veteran priority over other actions brought by 31 other persons, including granting the highest scheduling 32 priority to a veterans proceedings. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -16- LSB 6143YH (2) 90 dg/jh 16/ 23
H.F. 2505 the explanations substance by the members of the general assembly. 1 This bill relates to state services and benefits provided to 2 veterans. 3 DIVISION I VETERANS PREFERENCE STATE GRANTS. This 4 division requires a state agency to give preference to a 5 veteran over another applicant of similar qualifications for 6 the award of a grant that is overseen, implemented, or funded 7 by the state. 8 DIVISION II VETERAN PREFERENCE PUBLIC ASSISTANCE 9 PROGRAMS. This division requires the state to provide 10 veterans who are citizens and residents of the United States 11 a preference for assistance programs including but not 12 limited to public assistance, the family investment program, 13 the supplemental nutrition program for women, infants, and 14 children, the state child care assistance program, and the 15 United States department of housing and urban development 16 housing choice voucher program. 17 DIVISION III BUSINESS FEE WAIVERS. 18 BACKGROUND (BUSINESS ENTITIES). A business entity is a 19 general term for an association formed to conduct business 20 under several types of organizational structures recognized 21 by law (e.g., partnership and limited partnership, business 22 and nonprofit corporation, limited liability company, and 23 cooperative). Generally, a business entity may be formed as 24 a domestic business entity in its home state or as a foreign 25 business entity doing business in a state although it was 26 formed in another home state. In Iowa, a business entity is 27 governed under its own dedicated Code chapter, often based 28 on model legislation with fee amounts reserved for decision 29 by the enacting body. In Iowa, like most states, a business 30 entity is under the general authority of the secretary of state 31 (secretary). 32 SUMMARY. This division provides that a qualified business 33 entity that requests and receives a military service filing fee 34 waiver (waiver) from the secretary is not required to submit 35 -17- LSB 6143YH (2) 90 dg/jh 17/ 23
H.F. 2505 a fee for filing a number of select documents. The division 1 specifies qualifications for a business entity, eligibility 2 for the filer of a select document, and the names of select 3 documents having fees waived, subject to further requirements 4 that the secretary may adopt by rule. 5 STATUTORY ORGANIZATION. The division amends Code chapter 6 9 establishing the secretarys office. Specifically, it 7 enacts new provisions in subchapter II of that Code chapter 8 which currently includes provisions authorizing extra filing 9 services. It also amends various Code chapters each of which 10 governs a specific type of business entity. The division 11 amends the principal Code section in each such Code chapter 12 that includes a laundry list of fees for filing documents. 13 IN DETAIL QUALIFIED BUSINESS ENTITIES. First, in order 14 to receive a waiver, the business entity must be qualified, 15 meaning that the waiver is limited to a domestic or foreign 16 limited partnership (Code chapter 488); domestic or foreign 17 limited liability company (Code chapter 489); domestic or 18 foreign business corporation (Code chapter 490); and domestic 19 or foreign nonprofit corporation (Code chapter 504). 20 IN DETAIL ELIGIBLE FILERS. Second, an individual 21 acting on behalf of the qualified business entity must meet 22 eligibility criteria. The individual must sign the document; 23 must be an interest holder in the qualified business entity; 24 and must be serving in the United States armed forces, the 25 national guard or organized reserves, the United States coast 26 guard, or the civil air patrol, or alternatively must be a 27 veteran. 28 IN DETAIL SELECT DOCUMENTS FOR FILING. Third, the 29 filed document must be selected to receive the waiver. A 30 select document may include those associated with the business 31 entitys organization, name, registered agent or registered 32 office, domestication or conversion, merger, dissolution or 33 reinstatement, foreign registration, correction, validation, 34 biennial report, or other document required or permitted to be 35 -18- LSB 6143YH (2) 90 dg/jh 18/ 23
H.F. 2505 filed. The amount of the fee ranges from $100 to $5. 1 EFFECTIVE DATE. This division takes effect January 1, 2025. 2 DIVISION IV SUBSTANCE USE DISORDER PROGRAMS MENTAL 3 HEALTH AND DISABILITY SERVICES. This division requires 4 each facility licensed under Code chapter 125 (substance use 5 disorders) that maintains a wait list for care, maintenance, or 6 treatment of persons with a substance use disorder to place a 7 veteran on the wait list in a position that allows the veteran 8 priority for acceptance into the treatment program before any 9 person on the wait list who is not a veteran, but after each 10 veteran currently on the wait list. 11 The division requires each service provider operating 12 through the mental health and disability services regional 13 service system that maintains a wait list for mental health or 14 disability services to place a veteran on the wait list in a 15 position that allows the veteran to receive the services before 16 any person on the wait list who is not a veteran, but after each 17 veteran currently on the wait list. 18 DIVISION V WAIVER OF UNDERGRADUATE TUITION AND MANDATORY 19 FEES. This division requires the state board of regents to 20 adopt rules that waive undergraduate tuition and mandatory fees 21 for veterans, or a dependent of the veteran, while the veteran 22 or dependent is enrolled in the institution of higher education 23 under the boards control, if the veteran was a resident of 24 this state immediately prior to joining the armed forces of 25 the United States, was discharged under honorable conditions, 26 and resides in this state immediately prior to applying to 27 enroll, or prior to the dependent applying to enroll, in the 28 institution. 29 The division provides that the rules shall not waive 30 an amount of tuition and mandatory fees that exceeds the 31 difference between the combined amount of tuition and mandatory 32 fees charged by the institution less any federal financial aid 33 award the veteran or dependent receives. 34 The division defines dependent to mean the spouse or child 35 -19- LSB 6143YH (2) 90 dg/jh 19/ 23
H.F. 2505 of a veteran. The division defines veteran by reference to 1 Code section 35.1. 2 DIVISION VI DRIVERS LICENSE VETERAN STATUS FEES. 3 This division of the bill relates to drivers licenses issued 4 to veterans. 5 Current law requires the department of transportation (DOT) 6 to mark a drivers license with the word VETERAN if the 7 applicant is a qualifying veteran. Under Code section 321.189, 8 a licensee must be an honorably discharged veteran of the armed 9 forces of the United States to qualify for a veteran status 10 license. The DOT has adopted administrative rules defining 11 veteran for purposes of licensees requesting a veteran status 12 license (761 IAC 605.5(7)(e)). The bill strikes certain 13 existing service qualifications and instead references the 14 definition of veteran provided in Code section 35.1. 15 Under current law, the DOT is prohibited from charging a fee 16 to issue a noncommercial drivers license or license valid for 17 motorcycles to an applicant who is a veteran with a permanent 18 service-connected disability rating of 100 percent, as 19 certified by the United States department of veterans affairs. 20 The bill prohibits the DOT from charging a fee to issue a 21 noncommercial drivers license ($4 per year of validity), 22 license for chauffeurs ($8 per year of validity), commercial 23 drivers license ($8 per year of license validity), or license 24 valid for motorcycles (an additional fee of $2 per year of 25 validity) to a veteran, as defined in Code section 35.1. 26 DIVISION VII VEHICLE REGISTRATION FEES VETERANS 27 EXEMPT. This division of the bill relates to registration fees 28 for vehicles owned by veterans. 29 Current law exempts seriously disabled veterans who have 30 been provided with an automobile or other vehicle by the United 31 States government from paying motor vehicle registration fees. 32 The bill exempts all other veterans who reside in Iowa from 33 paying annual vehicle registration fees for not more than three 34 vehicles registered by the veteran, and provides for one free 35 -20- LSB 6143YH (2) 90 dg/jh 20/ 23
H.F. 2505 set of regular registration plates for each vehicle. In lieu 1 of the set of regular registration plates available without 2 fee, a veteran may obtain a set of special registration plates 3 or personalized registration plates by paying the additional 4 fees associated with those plates under current law. Under 5 current law, several special registration plates relating to 6 service in the armed forces are available at no charge to 7 eligible persons. 8 DIVISION VIII DISABLED VETERANS PROPERTY TAX CREDIT. 9 This division creates a property tax credit for certain 10 veterans. 11 The division defines qualifying veteran as a person who 12 meets the definition of a veteran under Code section 35.1 13 (veterans affairs), and has a disability rating of 20 percent 14 or more as certified by the United States department of 15 veterans affairs. 16 The division allows a qualifying veteran a credit on each 17 amount of the credit on each property that is owned solely by 18 the qualifying veteran or jointly by the qualifying veteran and 19 the qualifying veterans spouse. The amount of the credit on 20 a property is equal to the property tax owed on the property 21 multiplied by the disability rating given to the qualifying 22 veteran as certified by the United States department of 23 veterans affairs, up to a maximum reduction of $10,000 per 24 property. 25 The division allows the credit to continue until the later to 26 occur between the qualifying veterans death and the earlier to 27 occur between the qualifying veterans surviving spouses death 28 or remarriage. 29 Except upon a county veterans service officers request for 30 the purposes of providing information on benefits and services 31 available to veterans and their families, the bill makes 32 confidential the list of the names and addresses of individuals 33 allowed a credit under the bill and maintained by the county 34 recorder, county treasurer, county assessor, city assessor, or 35 -21- LSB 6143YH (2) 90 dg/jh 21/ 23
H.F. 2505 other government body. The bill prohibits this information 1 from being disseminated to any person unless otherwise ordered 2 by a court or released by the lawful custodian of the records 3 pursuant to state or federal law. The county recorder, county 4 treasurer, county assessor, city assessor, or other government 5 body responsible for maintaining the names and addresses 6 of individuals allowed a credit may display the credit on 7 individual paper records and individual electronic records, 8 including display on an internet site. Upon request, a county 9 recorder, county assessor, city assessor, or other entity may 10 share information with a county veterans service officer for 11 purposes of providing information on benefits and services 12 available to veterans and their families. 13 The division requires the department of revenue, the 14 department of administrative services, county auditors, county 15 treasurers, and assessors to administer the disabled veteran 16 tax credit in a manner similar to the military service tax 17 credit and exemptions in Code chapter 426A. 18 The division makes any person who makes a false affidavit for 19 the purpose of obtaining the disabled veteran tax credit or who 20 knowingly receives the credit without being legally entitled 21 to the credit guilty of a fraudulent practice. A fraudulent 22 practice is punishable based on the amount of value involved, 23 and may range from a simple misdemeanor punishable by a fine up 24 to $300, to a class C felony punishable by confinement for no 25 more than 10 years and a fine of at least $1,370 but not more 26 than $13,660. 27 The division appropriates from the general fund of the state 28 amounts necessary to fund the disabled veteran tax credit. 29 DIVISION IX DEPARTMENT OF NATURAL RESOURCES LICENSES 30 AND FEES. This division provides that the department of 31 natural resources shall not require a veteran to pay a fee 32 for camping and use of rental facilities at state parks and 33 recreation areas. A veteran who applies to register a vessel 34 for use in Iowa waters shall not be assessed a fee to receive 35 -22- LSB 6143YH (2) 90 dg/jh 22/ 23
H.F. 2505 the registration certificate. A veteran applying for any 1 hunting, fur harvester, or fishing license is not required 2 to pay the license fee nor the wildlife habitat fee, if 3 applicable. A veteran who was disabled or was a prisoner of 4 war shall not be assessed a fee in applying for a lifetime 5 fishing license and a lifetime hunting and fishing combined 6 license. A veteran may also obtain a lifetime trout fishing 7 license without paying a fee if the veteran is at least 65 8 years of age or qualifies for the disabled veteran homestead 9 credit, and the department of natural resources shall not 10 require any veteran to pay a trout fishing fee. The department 11 of veteran affairs shall assist the department of natural 12 resources in verifying the status and claims of the veterans 13 applying for recreational privileges for which fees are 14 generally required. 15 DIVISION X CIVIL LITIGATION BY VETERANS. This division 16 of the bill requires a court to, when able, grant a veteran 17 bringing a civil action or appeal priority over other actions 18 brought by other persons. 19 -23- LSB 6143YH (2) 90 dg/jh 23/ 23