HSB 534 (LSB 5264DP (3) 85)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF PUBLIC DEFENSE BILL)

A BILL FOR

An Act relating to the national guard educational assistance program by removing residency requirements and providing for the nonreversion of certain funds, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 261.86, subsection 1, paragraph a, Code 2014, is amended to read as follows:
   a.  Is a resident of the state and a member of an Iowa army or air national guard unit while receiving educational assistance pursuant to this section.
    Sec. 2.  Section 261.86, subsection 6, Code 2014, is amended to read as follows:
   6.  Notwithstanding section 8.33, until one year after the date the president of the United States or the Congress of the United States declares a cessation of hostilities ending operation Iraqi freedom, operation new dawn, and operation enduring freedom, of those funds appropriated for purposes of this section which that remain unencumbered or unobligated at the close of the fiscal year for which the funds were appropriated, an amount not to exceed five percent of the amount appropriated shall not revert but shall be available for expenditure for the following fiscal year for purposes of this section.
    Sec. 3.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the national guard educational assistance program by removing residency restrictions and providing for the nonreversion of certain funds.
   Current law requires, in part, that for an individual to be eligible for the national guard educational assistance program that the individual be a member of an Iowa army or air national guard unit and be a resident of the state while receiving assistance through the program. The bill removes the Iowa residency requirement.
   Current law also provides that up until one year after the president of the United States declares the cessation of hostilities in certain conflicts, funds appropriated for the program that are unencumbered or unobligated at the close of a fiscal year shall be available for expenditure for the following fiscal year for the purposes of the program. The bill limits this nonreversion provision to a maximum of 5 percent of the funds appropriated and removes the presidential declaration limitation on the nonreversion of funds.
   The bill takes effect upon enactment.