Text: SSB03066 Text: SSB03068 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 MILITARY DIVISION 1 3 Section 1. Section 8.47, Code Supplement 2001, is amended 1 4 by adding the following new subsection: 1 5 NEW SUBSECTION. 4. This section does not apply to service 1 6 contracts or other agreements for services by the department 1 7 of public defense that are funded with at least seventy-five 1 8 percent federal moneys. The department of public defense 1 9 shall establish terms and conditions for service contracts and 1 10 other agreements for services that comply with this section to 1 11 the greatest extent possible. 1 12 Sec. 2. Section 29A.1, subsection 9, Code Supplement 2001, 1 13 is amended to read as follows: 1 14 9. "On duty" means training, including unit training 1 15 assemblies, and other training, operational duty, and other 1 16 service which may be required under state or federal law, 1 17 regulations, or orders, and the necessary travel of an officer 1 18 or enlisted person to the place of performance and return home 1 19 after performance of that duty, but does not include federal 1 20 service. A member of the national guard shall be considered 1 21 to be on duty when called to testify about an incident which 1 22 the member observed or was involved in while that member was 1 23 on duty. 1 24 Sec. 3. Section 29A.1, subsection 11, Code Supplement 1 25 2001, is amended to read as follows: 1 26 11. "State active duty" means duty authorized and 1 27 performed under section 29A.8or 29A.9and paid for with state 1 28 funds. "State active duty" also includes serving as the 1 29 adjutant general, a deputy adjutant general, or the state 1 30 quartermaster. 1 31 Sec. 4. Section 29A.7, Code Supplement 2001, is amended to 1 32 read as follows: 1 33 29A.7 COMMANDER IN CHIEF. 1 34 1. The governor is the commander in chief of the military 1 35 forces, except when they are in federal service. The governor 2 1 may employ the military forces of the state for the defenseor2 2reliefof the state,the enforcement of its laws, the2 3protection of life and property,to provide assistance to 2 4 civil authorities in emergencies resulting from disasters or 2 5 public disorders as defined in section 29C.2, including 2 6 homeland security and defense duties, and for parades and 2 7 ceremonies of a civic nature. 2 8 2. The governor shall provide for the participation of the 2 9 national guard in training at the times and places as 2 10 necessary to ensure readiness for public defense or federal 2 11 service. 2 12 3. If circumstances necessitate the establishment of a 2 13 military district under martial law and the general assembly 2 14 is not convened, the district shall be established only after 2 15 the governor has issued a proclamation convening an 2 16 extraordinary session of the general assembly. 2 17 Sec. 5. Section 29A.8, subsection 1, unnumbered paragraph 2 18 1, Code Supplement 2001, is amended to read as follows: 2 19 The governor may order into state active duty the military 2 20 forces of the state, including retired members of the national 2 21 guard,both army and air,as the governor deems proper, under 2 22command of an officer as the governor may designate underone 2 23 or more of the following circumstances: 2 24 Sec. 6. Section 29A.8, subsection 1, paragraphs b and c, 2 25 Code Supplement 2001, are amended to read as follows: 2 26 b. For the purpose ofaidingassisting the civil 2 27 authorities of any political subdivision of the state in 2 28 maintaining law and order in the subdivision in cases of 2 29 breaches of the peace or imminent danger of breaches of the 2 30 peace, if the law enforcement officers of the subdivision are 2 31 unable to maintain law and order, and the civil authorities of 2 32 the subdivision request the assistance. 2 33 c. For the purposes of providing support to civil 2 34 authorities during emergencies resulting from disasters or 2 35 public disorders and for performing homeland defense or 3 1 homeland security duties. 3 2 Sec. 7. Section 29A.8, subsection 1, Code Supplement 2001, 3 3 is amended by adding the following new paragraphs: 3 4 NEW PARAGRAPH. d. For training, recruiting, escort duty, 3 5 and duty at schools of instruction, as a student or 3 6 instructor, including at the Iowa military academy. 3 7 NEW PARAGRAPH. e. To participate in parades and 3 8 ceremonies of a civic nature. 3 9 NEW PARAGRAPH. f. For other purposes as the governor may 3 10 deem necessary. 3 11 Sec. 8. Section 29A.8, subsection 2, Code Supplement 2001, 3 12 is amended by striking the subsection and inserting in lieu 3 13 thereof the following: 3 14 2. The governor may prescribe regulations and requirements 3 15 for duties performed under this section. 3 16 Sec. 9. Section 29A.8A, Code Supplement 2001, is amended 3 17 to read as follows: 3 18 29A.8A ACTIVE STATE SERVICE. 3 19 If federal funding and authorization exist for this 3 20 purpose, the governor may order to active state service the 3 21 military forces of the Iowa army national guard or Iowa air 3 22 national guard as the governor may deem appropriate for the 3 23 purposes of homeland security, homeland defense, or other 3 24 duty. A state employee shall take either a full day's leave 3 25 or eight hours of compensatory time on a day in which the 3 26 state employee receives a full day's pay from federal funds 3 27 for national guard duty. 3 28 Sec. 10. Section 29A.19, Code 2001, is amended to read as 3 29 follows: 3 30 29A.19 QUARTERMASTER. 3 31 A present or retired commissioned officer of the national 3 32 guard who has ten years' service in the Iowa army national 3 33 guard or the Iowa air national guard and has attained the 3 34 grade of a field officer, shall be detailed to be the 3 35 quartermaster and property officer of the state, who shall 4 1 have charge of and be accountable for, under the adjutant 4 2 general, all state military property. The quartermaster shall 4 3 keep property returns and reports and give bond to the state 4 4 of Iowa as the governor may direct. 4 5 Sec. 11. Section 29A.25, Code 2001, is amended to read as 4 6 follows: 4 7 29A.25 ENLISTMENTS AND DISCHARGES. 4 8 All enlistments and discharges in the national guard shall 4 9 be as prescribed by federal law and regulations. 4 10 Sec. 12. Section 29A.26, unnumbered paragraph 1, Code 4 11 2001, is amended to read as follows: 4 12 The number and grade of officers and enlisted personnel in 4 13 the state headquarters and headquarters detachment shall be as 4 14 prescribed by federal law and regulations, but. However, in 4 15 case of war, invasion, insurrection,riotemergency, or 4 16 imminent danger thereof, the governor may temporarily increase 4 17suchthe force to meetsuch emergencythe circumstance. 4 18 Sec. 13. Section 29A.26, unnumbered paragraph 2, Code 4 19 2001, is amended by striking the unnumbered paragraph. 4 20 Sec. 14. Section 29A.31, Code 2001, is amended to read as 4 21 follows: 4 22 29A.31 UNLAWFUL ORGANIZATIONS. 4 23 It shall be unlawful for anybody of persons, other than4 24the national guard and the troops of the United States, to4 25associate themselves together asperson to form a military 4 26 organization within the limits of this state without the 4 27 written permission of the governor, which the governor may at 4 28 any time revoke, but this provision shall not prevent civic, 4 29 social, or benevolent organizations from wearing uniforms and 4 30swordsequipment not in conflict with the other provisions of 4 31 this chapter. 4 32 Sec. 15. Section 29A.40, unnumbered paragraph 1, Code 4 33 2001, is amended to read as follows: 4 34NoA member of the national guard shall not wear the 4 35 uniformthereofof the national guard while not on duty 5 1without permission from competent authority, except in 5 2 accordance with state or federal regulations.NoA person, 5 3 firm, or corporation, other than a civic, social, or 5 4 benevolent military organization or the members of such 5 5 organizations organizing for the benefit of all its members, 5 6 shall not incorporate under the name of, or adopt any trade 5 7 name which embodies the name or designation, officially or 5 8 generally recognized as the name of a military organization 5 9 now orheretoforeformerly in existence, or any distinctive 5 10 part of such name.Any person found guilty of a violation of5 11any of the provisions of this section shall be guilty of a5 12simple misdemeanor.5 13 Sec. 16. Section 29A.41, Code 2001, is amended to read as 5 14 follows: 5 15 29A.41 EXEMPTIONS– HONORABLE DISCHARGE. 5 16 A member of the national guard shall not be arrested, or 5 17 served with a summons, order, warrant or other civil process 5 18 after having been ordered to any duty, or while going to, 5 19 attending, or returning from, any place to which theofficer5 20or enlisted personnational guard member is required to go for 5 21 military duty. This section does not prevent theofficer's or5 22enlisted person'snational guard member's arrest by order of a 5 23 military officer or for a felony or breach of the peace 5 24 committed while not in the actual performance of theofficer's5 25or enlisted person'snational guard member's duty. The 5 26 articles of equipment personally owned by such members are 5 27 exempt from seizure or sale for debt.Every member of the5 28national guard who has faithfully served the full term of the5 29member's commission, warrant or enlistment is entitled, upon5 30application, to an honorable discharge, exempting the member5 31from military duty except in time of war or public danger.5 32 Sec. 17. Section 29A.43, Code Supplement 2001, is amended 5 33 to read as follows: 5 34 29A.43 DISCRIMINATION PROHIBITED – LEAVE OF ABSENCE. 5 35 A person shall not discriminate against any officer or 6 1 enlisted person of the national guard or organized reserves of 6 2 the armed forces of the United States because of that 6 3 membership. An employer, or agent of an employer, shall not 6 4 discharge a person from employment because of being an officer 6 5 or enlisted person of the military forces of the state, or 6 6 hinder or prevent the officer or enlisted person from 6 7 performing any military service the person is called upon to 6 8 perform by proper authority. A member of the national guard 6 9 or organized reserves of the armed forces of the United States 6 10 ordered to temporary duty, as defined in section 29A.1, 6 11 subsection 1, 3, or 11, for any purpose is entitled to a leave 6 12 of absence during the period of the duty or service, from the 6 13 member's private employment, other than employment of a 6 14 temporary nature, and upon completion of the duty or service 6 15 the employer shall restore the person to the position held 6 16 prior to the leave of absence, or employ the person in a 6 17 similar position. However, the person shall give evidence to 6 18 the employer of satisfactory completion of the training or 6 19 duty, and that the person is still qualified to perform the 6 20 duties of the position. The period of absence shall be 6 21 construed as an absence with leave, and shall in no way affect 6 22 the employee's rights to vacation, sick leave, bonus, or other 6 23 employment benefits relating to the employee's particular 6 24 employment. A person violating a provision of this section is 6 25 guilty of a simple misdemeanor. 6 26 Sec. 18. Section 29A.50, Code 2001, is amended to read as 6 27 follows: 6 28 29A.50 IMMUNITY. 6 29 The commanding officer and members of any of the military 6 30 forces engaged in the suppression of an insurrection,the6 31dispersion of a mobassistance to civil authorities in 6 32 emergencies, homeland defense, or security duties, or the 6 33 enforcement of the laws, shall have the same immunity as peace 6 34 officers. 6 35 Sec. 19. Section 29A.51, Code 2001, is amended to read as 7 1 follows: 7 2 29A.51 SUIT OR PROCEEDING – DEFENSE. 7 3 If a suit or proceeding is commenced in any court by any 7 4 person againstan officera member of the military forces of 7 5 the state for an act done bythat officerthe member in the 7 6officer'smember's official capacity in the discharge of a 7 7 duty under this chapter or chapter 29B,or against an enlisted7 8person acting under the authority or order of an officer, or7 9by virtue of a warrant issued by the officer pursuant to law,7 10 the attorney general orstatestaff judge advocate, upon the 7 11 request of the adjutant general, shall defend the memberof7 12the military forces of the stateagainst whom the suit or 7 13 proceeding has been instituted. The costs of the defense 7 14 shall be paid out of any funds in the state treasury not 7 15 otherwise appropriated. Before the suit or proceeding is 7 16 filed or maintained against theofficer or enlisted person7 17 member, the plaintiff must give security, to be approved by 7 18 the court in a sum not less than one hundred dollars to secure 7 19 the costs. If the plaintiff fails to recover judgment, the 7 20 costs shall be taxed and judgment rendered against the 7 21 plaintiff and the plaintiff's sureties. Whentroopsmembers 7 22 of the military forces of the state are called intoactive7 23 stateserviceactive duty by the governor under martial law or 7 24as aidtotheassist civil authorities, in addition to the 7 25 judge advocate's other duties, any judge advocate on duty with 7 26 those troops may be appointed by the attorney general as an 7 27 assistant attorney general, without pay for the judge 7 28 advocate's services for acting in that capacity. 7 29 Sec. 20. Section 29A.54, Code 2001, is amended to read as 7 30 follows: 7 31 29A.54 SENIOR COMMANDER ALLOWANCES. 7 32 A fund shall be established from an annual appropriation of 7 33 funds to be used by senior commanders as an expense allowance 7 34 to defer expenses incurred in conducting command functions or 7 35 escorting military guests while acting in their official 8 1 capacity as commander. Appropriations to the fund shall be 8 2 made at the beginning of each fiscal year in the amount of 8 3fourseven hundred fifty dollars for each federally recognized 8 4 general officer of the army national guard and the air 8 5 national guard. The adjutant general of Iowa shall have 8 6 custodial and administrative responsibility for the fund and 8 7 shall prescribe regulations requiring an itemized statement of 8 8 expenditures from the fund. The fund shall not be used to 8 9 purchase an alcoholic beverage or beer. 8 10 Sec. 21. Section 29A.74, unnumbered paragraph 1, Code 8 11 2001, is amended to read as follows: 8 12 Except as otherwise provided in this chapterno, an agency 8 13 created by a power of attorney in writing given by a principal 8 14 who is at the time of execution, or who after executing such 8 15 power of attorney becomes, eithera member of the national 8 16 guard or the armed forces of the United States,ora person 8 17 serving as a merchant seaman outside the limits of the United 8 18 States included within the fifty states and the District of 8 19 Columbia, or a person outsidesaidthose limits by permission, 8 20 assignment or direction of any department,in connection with8 21any activity pertaining to or connected with the prosecution8 22of any war in which the United States is then engaged,shall 8 23 not be revoked or terminated by the death of the principal, as 8 24 to the agent or other person who, without actual knowledge or 8 25 actual notice of the death of the principal, shall have acted 8 26 or shall act, in good faith, under or in reliance upon such 8 27 power of attorney or agency, and any action so taken, unless 8 28 otherwise invalid or unenforceable, shall be binding on the 8 29 heirs, devisees, legatees, or personal representatives of the 8 30 principal. 8 31 Sec. 22. Section 29A.9, Code Supplement 2001, is repealed. 8 32 Sec. 23. EFFECTIVE DATE. This division of this Act, being 8 33 deemed of immediate importance, takes effect upon enactment. 8 34 DIVISION II 8 35 IOWA NATIONAL GUARD CIVIL RELIEF 9 1 Sec. 24. NEW SECTION. 29A.90 DEFINITIONS. 9 2 As used in this division, unless the context otherwise 9 3 requires: 9 4 1. "Dependent" means the spouse and children of a service 9 5 member or any other person dependent upon the service member 9 6 for support. 9 7 2. "Interest" includes service charges, renewal charges, 9 8 fees, or any other charges in respect to any obligation or 9 9 liability. 9 10 3. "Military service" means full-time active state service 9 11 or state active duty, as defined in section 29A.1, for a 9 12 period of at least ninety consecutive days, commencing on or 9 13 after the effective date of this Act. 9 14 4. "Service member" means a member of the military forces 9 15 of the state performing military service. 9 16 Sec. 25. NEW SECTION. 29A.91 APPLICABILITY. 9 17 1. This division shall apply to all service members on 9 18 military orders who are unable to perform, continue, or 9 19 complete civil obligations due to military service. 9 20 2. This division does not apply to military duty performed 9 21 under orders issued pursuant to 10 U.S.C. 9 22 3. Proper application of this division shall suspend or 9 23 postpone actions upon those obligations until thirty days 9 24 after discharge from military service. 9 25 Sec. 26. NEW SECTION. 29A.92 REOPENING DEFAULT 9 26 JUDGMENTS. 9 27 1. A default judgment rendered in any civil action against 9 28 a service member during a period of military service or within 9 29 thirty days after termination of military service may be set 9 30 aside under the following circumstances: 9 31 a. It appears that the service member was prejudiced by 9 32 reason of military service in making a defense to the action. 9 33 b. Application by the service member or the service 9 34 member's legal representative is made to the court rendering 9 35 the judgment not later than thirty days after the termination 10 1 of military service. 10 2 c. The application provides enough facts that it appears 10 3 that the service member has a meritorious or legal defense to 10 4 the action or some part of the action. 10 5 2. Vacating, setting aside, or reversing a judgment 10 6 because of any of the provisions of this chapter shall not 10 7 impair any right or title acquired by a bona fide purchaser 10 8 for value under the judgment. 10 9 Sec. 27. NEW SECTION. 29A.93 STAY OF PROCEEDINGS. 10 10 1. If at any point during an action or proceeding it 10 11 appears that a plaintiff or defendant is a service member and 10 12 may be adversely affected by military service in the conduct 10 13 of the proceedings, the court may, on its own motion, stay the 10 14 proceedings. 10 15 2. The court shall stay the proceedings if the service 10 16 member or another person on the service member's behalf makes 10 17 a request in writing to the court, unless the court determines 10 18 on the record that the ability of the plaintiff to pursue the 10 19 action or the defendant to conduct a defense, is not 10 20 materially affected by reason of military service. 10 21 Sec. 28. NEW SECTION. 29A.94 FINES AND PENALTIES ON 10 22 CONTRACTS. 10 23 1. If compliance with the terms of a contract is stayed 10 24 pursuant to this division, a fine or penalty shall not accrue 10 25 by reason of failure to comply with the terms of the contract 10 26 during the period of the stay. 10 27 2. If a service member has not obtained a stay, and a fine 10 28 or penalty is imposed for nonperformance of an obligation, a 10 29 court may relieve enforcement if the service member was in 10 30 military service when the penalty was incurred and the service 10 31 member's ability to pay or perform was materially impaired. 10 32 Sec. 29. NEW SECTION. 29A.95 EXERCISE OF RIGHTS NOT TO 10 33 AFFECT FUTURE FINANCIAL TRANSACTIONS. 10 34 An application by a service member in military service for, 10 35 or receipt of, a stay, postponement, or suspension under the 11 1 provisions of this division in the payment of any fine, 11 2 penalty, insurance premium, or other civil obligation or 11 3 liability shall not be used as the basis for any of the 11 4 following: 11 5 1. A determination by any lender or other person that the 11 6 service member is unable to pay any civil obligation or 11 7 liability in accordance with its terms. 11 8 2. With respect to a credit transaction between a creditor 11 9 and a service member: 11 10 a. A denial or revocation of credit by the creditor. 11 11 b. A change by the creditor in the terms of an existing 11 12 credit arrangement. 11 13 c. A refusal by the creditor to grant credit to the 11 14 service member in substantially the amount or on substantially 11 15 the terms requested. 11 16 d. An adverse report relating to the creditworthiness of 11 17 the service member by or to any person or entity engaged in 11 18 the practice of assembling or evaluating consumer credit 11 19 information. 11 20 Sec. 30. NEW SECTION. 29A.96 STAY OF EXECUTION OF 11 21 JUDGMENT. 11 22 Unless the court determines on the record that the ability 11 23 of a service member to comply with a judgment or order entered 11 24 or sought is not materially affected by reason of military 11 25 service, the court shall, on its own motion, or upon 11 26 application to it by the service member or another person on 11 27 the service member's behalf, do the following: 11 28 1. Stay the execution of a judgment or order entered 11 29 against the service member, as provided in this chapter. 11 30 2. Vacate or stay an attachment or garnishment of 11 31 property, money, or debts in the hands of another, whether 11 32 before or after judgment as provided in this chapter. 11 33 Sec. 31. NEW SECTION. 29A.97 DURATION OF STAYS. 11 34 1. A stay of an action, proceeding, attachment, or 11 35 execution, ordered by a court under the provisions of this 12 1 division, may be ordered for the period of military service 12 2 plus thirty days after its termination or any part of that 12 3 time period. 12 4 2. Where the service member in military service is a 12 5 codefendant with others, the plaintiff may, with the 12 6 permission of the court, proceed against the others. 12 7 Sec. 32. NEW SECTION. 29A.98 STATUTES OF LIMITATIONS 12 8 AFFECTED BY MILITARY SERVICE. 12 9 The period of military service shall not be included in 12 10 computing any period limited by law, rule, or order for the 12 11 bringing of any action or proceeding in any court, board, 12 12 bureau, commission, department, or other agency of government 12 13 by or against any service member or by or against the service 12 14 member's heirs, executors, administrators, or assigns, whether 12 15 the cause of action or the right or privilege to institute the 12 16 action or proceeding has accrued prior to or during the period 12 17 of military service. 12 18 Sec. 33. NEW SECTION. 29A.99 MAXIMUM RATE OF INTEREST. 12 19 An obligation or liability bearing interest at a rate in 12 20 excess of six percent per year incurred before entry into 12 21 military service by a service member shall not, during any 12 22 part of the period of military service, bear interest at a 12 23 rate in excess of six percent per year unless, in the opinion 12 24 of the court and upon application to the court by the obligee, 12 25 the ability of the service member to pay interest upon the 12 26 obligation or liability at a rate in excess of six percent per 12 27 year is not materially affected by reason of the member's 12 28 service. The court may make any order in the action that, in 12 29 its opinion, is just. 12 30 Sec. 34. NEW SECTION. 29A.100 DEPENDENT BENEFITS. 12 31 Dependents of a service member are entitled to the benefits 12 32 accorded to service members under the provisions of sections 12 33 29A.101 through 29A.105. Dependents may obtain the benefits 12 34 upon application to a court, unless, in the opinion of the 12 35 court, the ability of the dependents to comply with the terms 13 1 of the obligation, contract, lease, or bailment has not been 13 2 materially impaired by reason of the military service of the 13 3 service member of the dependents. 13 4 Sec. 35. NEW SECTION. 29A.101 TERMINATION OF LEASE OR 13 5 RENTAL AGREEMENT – EXCEPTIONS. 13 6 1. A landlord shall not terminate the lease or rental 13 7 agreement of a service member or the service member's 13 8 dependents for nonpayment of rent from any premises used as a 13 9 dwelling by the service member or dependents during the period 13 10 of military service if the rent on the premises occupied by 13 11 the service member or dependents is less than one thousand two 13 12 hundred dollars per month. However, a court may allow an 13 13 eviction or the recovery of property pursuant to chapter 646 13 14 or 648. 13 15 2. In any action affecting the right of possession, the 13 16 court may, on its own motion, stay the proceedings for not 13 17 longer than three months, or make any order the court 13 18 determines to be reasonable and just under the circumstances, 13 19 unless the court finds that the ability of the service member 13 20 to pay the agreed rent is not materially affected by reason of 13 21 military service. 13 22 3. When a stay is granted or other order is made by the 13 23 court, the owner of the premises shall be entitled, upon 13 24 application, to relief with respect to the premises similar to 13 25 that granted service members in military service in sections 13 26 29A.102 through 29A.104 to the extent and for any period as 13 27 the court determines to be just and reasonable under the 13 28 circumstances. 13 29 4. A person who knowingly takes part in any eviction or 13 30 distress otherwise than as provided in subsection 1, or 13 31 attempts to do so, commits a simple misdemeanor. 13 32 5. The governor may order an allotment of the pay of a 13 33 service member in military service in reasonable proportion to 13 34 discharge the rent of premises occupied for dwelling purposes 13 35 by any dependents of the service member. 14 1 Sec. 36. NEW SECTION. 29A.102 INSTALLMENT CONTRACTS. 14 2 1. The creditor of a service member who, prior to entry 14 3 into military service, has entered into an installment 14 4 contract for the purchase of real or personal property shall 14 5 not terminate the contract or repossess the property for 14 6 nonpayment or for any breach occurring during military service 14 7 without an order from a court of competent jurisdiction. 14 8 2. The court, upon application to it under this section, 14 9 shall, unless the court finds on the record that the ability 14 10 of the service member to comply with the terms of the contract 14 11 is not materially affected by reason of military service, do 14 12 one or more of the following: 14 13 a. Order repayment of any prior installments or deposits 14 14 as a condition of terminating the contract and resuming 14 15 possession of the property. 14 16 b. Order a stay of the proceedings on its own motion, or 14 17 on motion by the service member or another person on behalf of 14 18 the service member. 14 19 c. Make any other disposition of the case it considers to 14 20 be equitable to conserve the interests of all parties. 14 21 3. A person who knowingly repossesses property which is 14 22 the subject of this section, other than as provided in 14 23 subsection 1, commits a simple misdemeanor. 14 24 Sec. 37. NEW SECTION. 29A.103 MORTGAGE FORECLOSURES. 14 25 1. The creditor of a service member who, prior to entry 14 26 into military service, has entered into a mortgage contract 14 27 with the service member for the purchase of real or personal 14 28 property shall not foreclose on the mortgage or repossess the 14 29 property for nonpayment or for any breach occurring during 14 30 military service without an order from a court of competent 14 31 jurisdiction. 14 32 2. The court, upon application to it under this section, 14 33 shall, unless the court finds on the record that the ability 14 34 of the service member to comply with the terms of the mortgage 14 35 is not materially affected by reason of military service, do 15 1 one or more of the following: 15 2 a. Order repayment of any prior installments or deposits 15 3 as a condition of terminating the contract and resuming 15 4 possession of the property. 15 5 b. Order a stay of the proceedings on its own motion, or 15 6 on motion by the service member or another person on behalf of 15 7 the service member. 15 8 c. Make any other disposition of the case as it considers 15 9 to be equitable to conserve the interests of all parties. 15 10 3. In order to come within the provisions of this section, 15 11 the service member must establish all of the following: 15 12 a. That relief is sought on an obligation secured by a 15 13 mortgage, trust deed, or other security in the nature of a 15 14 mortgage on either real or personal property. 15 15 b. That the obligation originated prior to the service 15 16 member's entry into military service. 15 17 c. That the property was owned by the service member prior 15 18 to the commencement of military service. 15 19 d. That the property is owned by the service member at the 15 20 time relief is sought. 15 21 4. A person who knowingly forecloses on property that is 15 22 the subject of this section, other than as provided in 15 23 subsection 1, commits a simple misdemeanor. 15 24 Sec. 38. NEW SECTION. 29A.104 APPLICATION FOR RELIEF. 15 25 1. A service member may, at any time during military 15 26 service or within thirty days after discharge or termination 15 27 of military service, apply to a court for relief in respect of 15 28 any obligation or liability incurred by the service member 15 29 prior to military service. 15 30 2. The court, after appropriate notice and hearing, unless 15 31 in its opinion the ability of the service member to comply 15 32 with the terms of the obligation or liability has not been 15 33 materially affected by reason of military service, shall grant 15 34 the following relief: 15 35 a. In the case of an obligation payable under its terms in 16 1 installments under a contract for the purchase of real estate, 16 2 or secured by a mortgage or other instrument in the nature of 16 3 a mortgage upon real estate, a stay of the enforcement of the 16 4 obligation during the applicant's period of military service 16 5 and, from the date of termination of the period of military 16 6 service or from the date of application if made after 16 7 termination of military service, for a period equal to the 16 8 period of the remaining life of the installment contract or 16 9 other instrument plus a period of time equal to the period of 16 10 military service of the applicant, or any part of the combined 16 11 period, subject to payment of the balance of principal and 16 12 accumulated interest due and unpaid at the date of termination 16 13 of the period of military service or from the date of 16 14 application, in equal installments during the combined period 16 15 at the rate of interest on the unpaid balance as is prescribed 16 16 in the contract, or other instrument evidencing the 16 17 obligation, for installments paid when due, and subject to any 16 18 other terms as the court may consider just. 16 19 b. In the case of any other obligation or liability, a 16 20 stay of the enforcement during the applicant's period of 16 21 military service and, from the date of termination of the 16 22 period of military service or from the date of application if 16 23 made after termination of the period of military service, for 16 24 a period of time equal to the period of military service of 16 25 the applicant or any part of that period, subject to payment 16 26 of the balance of principal and accumulated interest due and 16 27 unpaid at the date of termination of the period of military 16 28 service or from the date of application, in equal periodic 16 29 installments during the extended period at the rate of 16 30 interest prescribed for the obligation or liability, if paid 16 31 when due, and subject to other terms the court considers to be 16 32 reasonable and just. 16 33 3. When any court has granted a stay as provided in this 16 34 section, a fine or penalty shall not accrue for failure to 16 35 comply with the terms or conditions of the obligation or 17 1 liability for which the stay was granted during the period the 17 2 terms and conditions of the stay are complied with. 17 3 Sec. 39. NEW SECTION. 29A.105 PROVISIONS APPLY 17 4 NOTWITHSTANDING CONTRARY CODE PROVISIONS. 17 5 Sections 29A.90 through 29A.104 apply notwithstanding any 17 6 contrary provision of state law, which may include but is not 17 7 limited to Titles XIII, XIV, and XV. 17 8 Sec. 40. EFFECTIVE DATE. This division of this Act, being 17 9 deemed of immediate importance, takes effect upon enactment. 17 10 DIVISION III 17 11 MILITARY JUSTICE 17 12 Sec. 41. Section 29B.1, Code 2001, is amended to read as 17 13 follows: 17 14 29B.1 PERSONS SUBJECT TO CODE. 17 15 This chapter applies to all members of the state military 17 16 forces, while not in federal service. As used in this 17 17 chapter, unless the context otherwise requires, "state 17 18 military forces"means the national guard of the state of Iowa17 19as defined in 32 U.S.C. } 101, (3, 4, 6) (1981) and any other17 20military force organized under state law when the national17 21guard or other military force is not in a status subjecting it17 22to jurisdiction under 10 U.S.C. ch. 47 (1981)has the same 17 23 meaning as in section 29A.6, and "code" means this chapter, 17 24 which may be cited as the "Iowa Code of Military Justice". 17 25 Sec. 42. Section 29B.13, unnumbered paragraph 1, Code 17 26 2001, is amended to read as follows: 17 27 Undersuchregulations as may be prescribed under this code 17 28 a person subject to this code who is on active state service 17 29 or state active duty who is accused of an offense against 17 30 civil authority may be delivered, upon request, to the civil 17 31 authority for trial. 17 32 Sec. 43. Section 29B.22, unnumbered paragraphs 1 and 2, 17 33 Code 2001, are amended by striking the paragraphs and 17 34 inserting in lieu thereof the following: 17 35 A judge advocate in the state military forces shall be a 18 1 commissioned officer who is a member of the bar of the state. 18 2 However, a judge advocate serving in the military forces of 18 3 the state on the effective date of this division of this Act 18 4 who is not a member of the bar of the state shall not be 18 5 required to become a member of the bar of the state to 18 6 maintain military membership as a judge advocate. A judge 18 7 advocate shall be either a federally recognized judge advocate 18 8 or appointed as a judge advocate in the state military forces 18 9 by the adjutant general. 18 10 The adjutant general shall designate a staff judge advocate 18 11 for the army national guard and the air national guard. The 18 12 adjutant general may appoint the number of judge advocates of 18 13 the state military forces as the adjutant general considers 18 14 necessary to perform state active duty to supplement or 18 15 replace national guard judge advocates in emergencies or when 18 16 the national guard judge advocates are in federal service. 18 17 Sec. 44. Section 29B.27, unnumbered paragraph 2, Code 18 18 2001, is amended to read as follows: 18 19 A military judge must be a commissioned officer of the 18 20 state armed forces or a retired officer of the reserve 18 21 components of the armed forces of the United States, a member 18 22 of the bar of a federal court or a member of the bar of the 18 23 highest court of the state, and certified to be qualified for 18 24 the duty by thejudge advocate of the armed forces or the18 25stateappropriate staff judge advocate of the state force 18 26 concerned. Thestatejudge advocate responsible for 18 27 certifying the military judge may recommend to the adjutant 18 28 general that the adjutant general order to active duty retired 18 29 personnel of the national guard or the United States armed 18 30 forces who are qualified to act as military judges. 18 31 Sec. 45. Section 29B.28, unnumbered paragraph 2, Code 18 32 2001, is amended to read as follows: 18 33 Trial counsel or defense counsel detailed for a general 18 34 court-martial must be a person who is a member of the bar of 18 35 the highest court of the state, or a member of the bar of a19 1federal courtand certified as competent for the duty by the 19 2statestaff judge advocate. 19 3 Sec. 46. Section 29B.35, unnumbered paragraph 1, Code 19 4 2001, is amended to read as follows: 19 5 Before directing the trial of any charge by general court- 19 6 martial, the convening authority shall referitthe charge to 19 7 thestateappropriate staff judge advocate of the state force 19 8 concerned for consideration and advice. The convening 19 9 authority may not refer a charge to a general court-martial 19 10 for trial unless the authority has found that the charge 19 11 alleges an offense under this code and is warranted by 19 12 evidence indicated in the report of the investigation. 19 13 Sec. 47. Section 29B.62, Code 2001, is amended to read as 19 14 follows: 19 15 29B.62 SAME – GENERAL COURT-MARTIAL RECORDS. 19 16 The convening authority shall refer the record of each 19 17 general court-martial to thestateappropriate staff judge 19 18 advocate of the state force concerned, who shall submit a 19 19 written opinion thereon to the convening authority. If the 19 20 final action of the court has resulted in an acquittal of all 19 21 charges and specifications, the opinion shall be limited to 19 22 questions of jurisdiction. 19 23 Sec. 48. Section 29B.65, subsections 2, 4, 5, 6, and 7, 19 24 Code 2001, are amended to read as follows: 19 25 2. In all other cases not covered by subsection 1of this19 26section, if the sentence of a special court-martial as 19 27 approved by the convening authority includes a bad-conduct 19 28 discharge, dishonorable discharge, dismissal, or confinement, 19 29 whether or not suspended, the entire record shall be sent to 19 30 the appropriate staff judge advocate of the state force 19 31 concerned to be reviewed in the same manner as a record of 19 32 trial by general court-martial.The record and the opinion of19 33the staff judge advocate or legal officer shall then be sent19 34to the state judge advocate for review. 19 35 4. Thestatestaff judge advocate of the state force 20 1 concerned shall review the record of trial in each case sent 20 2 for review as provided under this section. If the final 20 3 action of the court-martial has resulted in an acquittal of 20 4 all charges and specifications, the opinion of thestatestaff 20 5 judge advocate is limited to questions of jurisdiction. 20 6 Thestatestaff judge advocate shall take final action in 20 7 any case reviewable by thestatestaff judge advocate. 20 8 5. In a case reviewable by the appropriatestatestaff 20 9 judge advocate under this section, thestatestaff judge 20 10 advocate may act only with respect to the findings and 20 11 sentence as approved by the convening authority. Thestate20 12 staff judge advocate may affirm only such findings of guilty, 20 13 and the sentence or such part or amount of the sentence, as 20 14 thestatestaff judge advocate finds correct in law and fact 20 15 and determines, on the basis of the entire record, should be 20 16 approved. In consideration of the record, thestatestaff 20 17 judge advocate may weigh the evidence, judge the credibility 20 18 of witnesses, and determine controverted questions of fact, 20 19 recognizing that the trial court saw and heard the witnesses. 20 20 If thestatestaff judge advocate sets aside the findings and 20 21 sentence, thestatestaff judge advocate may, except where the 20 22 setting aside is based on lack of sufficient evidence in the 20 23 record to support the findings, order a rehearing. If the 20 24statestaff judge advocate sets aside the findings and 20 25 sentence and does not order a rehearing, thestatestaff judge 20 26 advocate shall order that the charges be dismissed. 20 27 6. In a case reviewable by thestatestaff judge advocate 20 28 under this section, thestatestaff judge advocate shall 20 29 instruct the convening authority to act in accordance with the 20 30 decision on the review. If thestatestaff judge advocate has 20 31 ordered a rehearing but the convening authority finds a 20 32 rehearing impracticable, thestatestaff judge advocate may 20 33 dismiss the charges. 20 34 7. Thestatestaff judge advocate may order one or more 20 35 boards of review each composed of not less than three 21 1 commissioned officers of the state military forces, each of 21 2 whom must be a member of the bar of the highest court of the 21 3 state. Each board of review shall review the record of any 21 4 trial by court-martial including a sentence to a dishonorable 21 5 discharge, dismissal or confinement, referred to it by the 21 6statestaff judge advocate. Boards of review have the same 21 7 authority on review as thestatestaff judge advocate has 21 8 under this section. 21 9 Sec. 49. Section 29B.67, Code 2001, is amended to read as 21 10 follows: 21 11 29B.67 REVIEW COUNSEL. 21 12 Upon the final review of a sentence of a general court- 21 13 martial or of a sentence to a dishonorable discharge, 21 14 dismissal, or confinement, the accused has the right to be 21 15 represented by counsel before the reviewing authority,and 21 16 before the appropriate staff judge advocate, and before the21 17appropriate state judge advocate. 21 18 Upon the request of an accused entitled to be so 21 19 represented, thestateappropriate staff judge advocate shall 21 20 appoint a lawyer who is a member of the state military forces 21 21 and who has the qualifications prescribed in section 29B.28, 21 22 if available, to represent the accused before the reviewing 21 23 authority,and before the appropriate staff judge advocate, 21 24and before the appropriate state judge advocate,in the review 21 25 of cases specified in this section. 21 26 If provided by the accused, an accused entitled to be so 21 27 represented may be represented by civilian counsel before the 21 28 reviewing authority,and before the appropriate staff judge 21 29 advocateand before the appropriate state judge advocate. 21 30 Sec. 50. Section 29B.116, Code 2001, is amended to read as 21 31 follows: 21 32 29B.116 GENERAL ARTICLE. 21 33 Though not specifically mentioned in this code, all 21 34 disorders and neglects to the prejudice of good order and 21 35 discipline in the state military forces, of which persons 22 1 subject to this code may be guilty, shall be taken cognizance 22 2 of by a general, special, or summary court-martial, according 22 3 to the nature and degree of the offense, and shall be punished 22 4 at the discretion of that court. However, cognizance shall 22 5 not be taken of, and jurisdiction shall not be extended to, 22 6 the crimes of murder, manslaughter, sexual abuse, robbery, 22 7 maiming,sodomy,arson, extortion, assault, burglary, or 22 8 housebreaking, jurisdiction of which is reserved to civil 22 9 courts. 22 10 Sec. 51. Section 29B.129, subsection 1, Code 2001, is 22 11 amended by striking the subsection. 22 12 Sec. 52. EFFECTIVE DATE. This division of this Act, being 22 13 deemed of immediate importance, takes effect upon enactment. 22 14 DIVISION IV 22 15 EMERGENCY MANAGEMENT DIVISION 22 16 Sec. 53. Section 22.7, Code Supplement 2001, is amended by 22 17 adding the following new subsection: 22 18 NEW SUBSECTION. 43. The critical asset protection plan or 22 19 any part of the plan prepared pursuant to section 29C.8. 22 20 Sec. 54. Section 29C.8, subsection 3, Code Supplement 22 21 2001, is amended by adding the following new paragraph: 22 22 NEW PARAGRAPH. e. Prepare a critical asset protection 22 23 plan that contains an inventory of infrastructure, facilities, 22 24 systems, other critical assets, and symbolic landmarks that 22 25 may be targets of terrorism, an assessment of the criticality, 22 26 vulnerability, and level of terrorist threat to the assets, 22 27 and information pertaining to the mobilization, deployment, 22 28 and tactical operations involved in responding to or 22 29 protecting the assets. 22 30 (1) Notwithstanding chapter 22, the division shall keep 22 31 confidential any information supplied by a public or private 22 32 agency or organization used in the development of the critical 22 33 asset protection plan to include, but not be limited to, 22 34 surveys, lists, maps, or photographs. The critical asset 22 35 protection plan and policies, procedures, tactics, or other 23 1 measures developed by the division or by any governmental body 23 2 for the purposes of implementing the plan shall be kept 23 3 confidential. 23 4 (2) The division may provide all or part of the critical 23 5 asset protection plan to federal, state, or local governmental 23 6 agencies which have emergency planning or response functions 23 7 if the administrator is satisfied that the need to know and 23 8 intended use are reasonable. An agency receiving critical 23 9 asset protection plan information from the division shall not 23 10 redisseminate the information. 23 11 Sec. 55. NEW SECTION. 29C.22 STATEWIDE MUTUAL AID 23 12 COMPACT. 23 13 This statewide mutual aid compact is entered into with all 23 14 other counties, cities, and other political subdivisions that 23 15 enter into this compact in substantially the following form: 23 16 ARTICLE I 23 17 PURPOSE AND AUTHORITIES 23 18 This compact is made and entered into by and between the 23 19 participating counties, cities, and political subdivisions 23 20 which enact this compact. For the purposes of this agreement, 23 21 the term "participating governments" means counties, cities, 23 22 townships, and other political subdivisions of the state which 23 23 have, through ordinance or resolution of the governing body, 23 24 acted to adopt this compact. 23 25 The purpose of this compact is to provide for mutual 23 26 assistance between the participating governments entering into 23 27 this compact in managing any emergency or disaster that is 23 28 declared in accordance with a countywide comprehensive 23 29 emergency operations plan or by the governor, whether arising 23 30 from natural disaster, technological hazard, man-made 23 31 disaster, community disorder, insurgency, terrorism, or enemy 23 32 attack. 23 33 This compact shall also provide for mutual cooperation in 23 34 emergency-related exercises, testing, or other training 23 35 activities using equipment and personnel simulating 24 1 performance of any aspect of the giving and receiving of aid 24 2 by participating governments during emergencies, such actions 24 3 occurring outside actual declared emergency periods. 24 4 ARTICLE II 24 5 GENERAL IMPLEMENTATION 24 6 Each participating government entering into this compact 24 7 recognizes many emergencies transcend political jurisdictional 24 8 boundaries and that intergovernmental coordination is 24 9 essential in managing these and other emergencies under this 24 10 compact. Each participating government further recognizes 24 11 that there will be emergencies which require immediate access 24 12 and present procedures to apply outside resources to make a 24 13 prompt and effective response to the emergency. This is 24 14 because few, if any, individual governments have all the 24 15 resources they may need in all types of emergencies or the 24 16 capability of delivering resources to areas where emergencies 24 17 exist. 24 18 The prompt, full, and effective use of resources of the 24 19 participating governments, including any resources on hand or 24 20 available from any source, that are essential to the safety, 24 21 care, and welfare of the people in the event of any emergency 24 22 or disaster declared by the governor or any participating 24 23 government, shall be the underlying principle on which all 24 24 articles of this compact shall be understood. 24 25 On behalf of the participating government in the compact, 24 26 the legally designated official who is assigned responsibility 24 27 for emergency management will be responsible for formulation 24 28 of the appropriate intrastate mutual aid plans and procedures 24 29 necessary to implement this compact. 24 30 ARTICLE III 24 31 PARTICIPATING GOVERNMENT RESPONSIBILITIES 24 32 1. It shall be the responsibility of each participating 24 33 government to formulate procedural plans and programs for 24 34 intrastate cooperation in the performance of the 24 35 responsibilities listed in this article. In formulating the 25 1 plans, and in carrying them out, the participating 25 2 governments, insofar as practical, shall: 25 3 a. Review individual hazards analyses and, to the extent 25 4 reasonably possible, determine all those potential emergencies 25 5 the participating governments might jointly suffer, whether 25 6 due to natural disaster, technological hazard, man-made 25 7 disaster, civil disorders, insurgency, terrorism, or enemy 25 8 attack. 25 9 b. Review the participating governments' individual 25 10 emergency plans and develop a plan that will determine the 25 11 mechanism for the intrastate management and provision of 25 12 assistance concerning any potential emergency. 25 13 c. Develop intrastate procedures to fill any identified 25 14 gaps and to resolve any identified inconsistencies or overlaps 25 15 in existing or developed plans. 25 16 d. Assist in warning communities adjacent to or crossing 25 17 the participating governments' boundaries. 25 18 e. Protect and ensure uninterrupted delivery of services, 25 19 medicines, water, food, energy and fuel, search and rescue, 25 20 and critical lifeline equipment, services, and resources, both 25 21 human and material. 25 22 f. Inventory and set procedures for the intrastate loan 25 23 and delivery of human and material resources, together with 25 24 procedures for reimbursement or forgiveness. 25 25 g. Provide, to the extent authorized by law, for temporary 25 26 suspension of any ordinances that restrict the implementation 25 27 of the above responsibilities. 25 28 2. The authorized representative of a participating 25 29 government may request assistance of another participating 25 30 government by contacting the authorized representative of that 25 31 participating government. The provisions of this compact 25 32 shall only apply to requests for assistance made by and to 25 33 authorized representatives. Requests may be verbal or in 25 34 writing. If verbal, the request shall be confirmed in writing 25 35 within thirty days of the verbal request. Requests shall 26 1 provide all of the following: 26 2 a. A description of the emergency service function for 26 3 which assistance is needed, such as but not limited to fire 26 4 services, law enforcement, emergency medical, transportation, 26 5 communications, public works and engineering, building 26 6 inspection, planning and information assistance, mass care, 26 7 resource support, health and medical services, and search and 26 8 rescue. 26 9 b. The amount and type of personnel, equipment, materials 26 10 and supplies needed, and a reasonable estimate of the length 26 11 of time that the personnel, equipment, materials, and supplies 26 12 will be needed. 26 13 c. The specific place and time for staging of the 26 14 assisting participating government's response and a point of 26 15 contact at that location. 26 16 3. The authorized representative of a participating 26 17 government may initiate a request by contacting the emergency 26 18 management division of the state department of public defense. 26 19 When a request is received by the division, the division shall 26 20 directly contact other participating governments to coordinate 26 21 the provision of mutual aid. 26 22 4. Frequent consultation shall occur between officials who 26 23 have been assigned emergency management responsibilities and 26 24 other appropriate representatives of the participating 26 25 governments with affected jurisdictions and state government, 26 26 with free exchange of information, plans, and resource records 26 27 relating to emergency capabilities. 26 28 ARTICLE IV 26 29 LIMITATIONS 26 30 Any participating government requested to render mutual aid 26 31 or conduct exercises and training for mutual aid shall take 26 32 the necessary action to provide and make available the 26 33 resources covered by this compact in accordance with the terms 26 34 of the compact. However, it is understood that the 26 35 participating government rendering aid may withhold resources 27 1 to the extent necessary to provide reasonable protection for 27 2 the participating government. Each participating government 27 3 shall afford to the emergency forces of any other 27 4 participating government, while operating within its 27 5 jurisdictional limits under the terms and conditions of this 27 6 compact, the same powers, except that of arrest unless 27 7 specifically authorized by the receiving participating 27 8 government, duties, rights, and privileges as are afforded 27 9 forces of the participating government in which the emergency 27 10 forces are performing emergency services. Emergency forces 27 11 shall continue under the command and control of their regular 27 12 leaders, but the organizational units shall come under the 27 13 operational control of the emergency services authorities of 27 14 the participating government receiving assistance. These 27 15 conditions may be activated, as needed, only subsequent to a 27 16 declaration of a state of emergency or disaster by the 27 17 governor or by competent authority of the participating 27 18 government that is to receive assistance or commencement of 27 19 exercises or training for mutual aid and shall continue so 27 20 long as the exercises or training for mutual aid are in 27 21 progress, the state of emergency or disaster remains in 27 22 effect, or loaned resources remain in the receiving 27 23 jurisdiction, whichever is longer. 27 24 ARTICLE V 27 25 LICENSES AND PERMITS 27 26 If a person holds a license, certificate, or other permit 27 27 issued by any participating government to this compact 27 28 evidencing the meeting of qualifications for professional, 27 29 mechanical, or other skills, and when the assistance is 27 30 requested by another participating government, the person 27 31 shall be deemed licensed, certified, or permitted by the 27 32 participating government requesting assistance to render aid 27 33 involving the skill to meet a declared emergency or disaster, 27 34 subject to the limitations and conditions as the governor may 27 35 prescribe by executive order or otherwise. 28 1 ARTICLE VI 28 2 LIABILITY 28 3 Officers or employees of a participating government 28 4 rendering aid in another participating government jurisdiction 28 5 pursuant to this compact shall be considered agents of the 28 6 requesting participating government for tort liability and 28 7 immunity purposes and a participating government or its 28 8 officers or employees rendering aid in another jurisdiction 28 9 pursuant to this compact shall not be liable on account of any 28 10 act or omission in good faith on the part of the forces while 28 11 so engaged or on account of the maintenance or use of any 28 12 equipment or supplies in connection with the aid. Good faith 28 13 in this article shall not include willful misconduct, gross 28 14 negligence, or recklessness. 28 15 ARTICLE VII 28 16 SUPPLEMENTARY AGREEMENTS 28 17 Because it is probable that the pattern and detail of the 28 18 machinery for mutual aid among two or more participating 28 19 governments may differ from that among other participating 28 20 governments, this compact contains elements of a broad base 28 21 common to all political subdivisions, and this compact shall 28 22 not preclude any political subdivision from entering into 28 23 supplementary agreements with another political subdivision or 28 24 affect any other agreements already in force between political 28 25 subdivisions. Supplementary agreements may include, but shall 28 26 not be limited to, provisions for evacuation and reception of 28 27 injured and other persons and the exchange of medical, fire, 28 28 police, public utility, reconnaissance, welfare, 28 29 transportation and communications personnel, and equipment and 28 30 supplies. 28 31 ARTICLE VIII 28 32 WORKERS' COMPENSATION 28 33 Each participating government shall provide for the payment 28 34 of workers' compensation and death benefits to injured members 28 35 of the emergency forces of that participating government and 29 1 representatives of deceased members of the emergency forces in 29 2 case the members sustain injuries or are killed while 29 3 rendering aid pursuant to this compact, in the same manner and 29 4 on the same terms as if the injury or death were sustained 29 5 within their own jurisdiction. 29 6 ARTICLE IX 29 7 REIMBURSEMENT 29 8 Any participating government rendering aid in another 29 9 jurisdiction pursuant to this compact shall be reimbursed by 29 10 the participating government receiving the emergency aid for 29 11 any loss or damage to or expense incurred in the operation of 29 12 any equipment and the provision of any service in answering a 29 13 request for aid and for the costs incurred in connection with 29 14 the requests. However, an aiding political subdivision may 29 15 assume in whole or in part the loss, damage, expense, or other 29 16 cost, or may loan the equipment or donate the services to the 29 17 receiving participating government without charge or cost, and 29 18 any two or more participating governments may enter into 29 19 supplementary agreements establishing a different allocation 29 20 of costs among the participating governments. Article VIII 29 21 expenses shall not be reimbursable under this provision. 29 22 ARTICLE X 29 23 EVACUATION AND SHELTERING 29 24 Plans for the orderly evacuation and reception of portions 29 25 of the civilian population as the result of any emergency or 29 26 disaster shall be worked out and maintained between the 29 27 participating governments and the emergency management or 29 28 services directors of the various jurisdictions where any type 29 29 of incident requiring evacuations might occur. The plans 29 30 shall be put into effect by request of the participating 29 31 government from which evacuees come and shall include the 29 32 manner of transporting the evacuees, the number of evacuees to 29 33 be received in different areas, the manner in which food, 29 34 clothing, housing, and medical care will be provided, the 29 35 registration of the evacuees, the providing of facilities for 30 1 the notification of relatives or friends, and the forwarding 30 2 of the evacuees to other areas or the bringing in of 30 3 additional materials, supplies, and all other relevant 30 4 factors. The plans shall provide that the participating 30 5 government receiving evacuees and the participating government 30 6 from which the evacuees come shall mutually agree as to 30 7 reimbursement of out-of-pocket expenses incurred in receiving 30 8 and caring for the evacuees, for expenditures for 30 9 transportation, food, clothing, medicines and medical care, 30 10 and like items. The expenditures shall be reimbursed as 30 11 agreed by the participating government from which the evacuees 30 12 come. After the termination of the emergency or disaster, the 30 13 participating government from which the evacuees come shall 30 14 assume the responsibility for the ultimate support of 30 15 repatriation of such evacuees. 30 16 ARTICLE XI 30 17 IMPLEMENTATION 30 18 1. This compact shall become operative immediately upon 30 19 its adoption by ordinance or resolution by the governing 30 20 bodies of any two political subdivisions. Thereafter, this 30 21 compact shall become effective as to any other political 30 22 subdivision upon its adoption by ordinance or resolution of 30 23 the governing body of the political subdivision. 30 24 2. Any participating government may withdraw from this 30 25 compact by adopting an ordinance or resolution repealing the 30 26 same, but a withdrawal shall not take effect until thirty days 30 27 after the governing body of the withdrawing participating 30 28 government has given notice in writing of the withdrawal to 30 29 the administrator of the emergency management division who 30 30 shall notify all other participating governments. The action 30 31 shall not relieve the withdrawing political subdivision from 30 32 obligations assumed under this compact prior to the effective 30 33 date of withdrawal. 30 34 3. Duly authenticated copies of this compact and any 30 35 supplementary agreements as may be entered into shall be 31 1 deposited, at the time of their approval, with the 31 2 administrator of the emergency management division who shall 31 3 notify all participating governments and other appropriate 31 4 agencies of state government. 31 5 ARTICLE XII 31 6 VALIDITY 31 7 This compact shall be construed to effectuate the purposes 31 8 stated in article I. If any provision of this compact is 31 9 declared unconstitutional, or the applicability of the compact 31 10 to any person or circumstances is held invalid, the 31 11 constitutionality of the remainder of this compact and the 31 12 applicability of this compact to other persons and 31 13 circumstances shall not be affected. 31 14 Sec. 56. EFFECTIVE DATE. This division of this Act, being 31 15 deemed of immediate importance, takes effect upon enactment. 31 16 DIVISION V 31 17 IOWA TECHNOLOGY CENTER 31 18 Sec. 57. Section 18.6, Code 2001, is amended by adding the 31 19 following new subsection: 31 20 NEW SUBSECTION. 17. This section does not apply to Iowa 31 21 technology center contracts in support of activities performed 31 22 for another governmental entity, either state or federal. The 31 23 Iowa technology center is an entity created by a chapter 28E 31 24 agreement entered into by the department of public defense. 31 25 Sec. 58. Section 23A.2, subsection 10, Code Supplement 31 26 2001, is amended by adding the following new paragraph: 31 27 NEW PARAGRAPH. p. The provision of goods or services by 31 28 the Iowa technology center as a part of an intergovernmental 31 29 solution involving the federal government or a state agency. 31 30 The Iowa technology center is an entity created by a chapter 31 31 28E agreement entered into by the department of public 31 32 defense. 31 33 EXPLANATION 31 34 This bill relates to the department of public defense, 31 35 including the military division, the emergency management 32 1 division, and the Iowa technology center. 32 2 Division I of the bill amends the state military code, Code 32 3 chapter 29A. In addition to several nonsubstantive changes to 32 4 modernize certain statutory provisions relating to the 32 5 national guard, division I does the following: 32 6 1. Code section 8.47 is amended to exempt the department 32 7 of public defense from the requirement that the department 32 8 follow general services rules for service contracts or other 32 9 agreements for services, where federal funds make up 75 32 10 percent or more of the funding for the contract or agreement. 32 11 2. Code section 29A.8A is amended to require a state 32 12 employee to take a full day's leave or compensatory time on 32 13 any day in which the employee receives a full day's pay from 32 14 federal sources for national guard duty. This provision is 32 15 currently located in Code section 29A.9. 32 16 3. The definition of "on duty" is amended to provide that 32 17 a member of the national guard is considered on duty when 32 18 called to testify about an event that occurred while the 32 19 member was on duty with the national guard. This provision is 32 20 currently found in Code section 29A.9. 32 21 4. The provisions in Code section 29A.7, relating to the 32 22 exercise of the governor's powers as commander in chief of the 32 23 state military forces, are amended to combine several existing 32 24 provisions under the term of assistance to civil authorities. 32 25 The requirement for providing for the participation of the 32 26 national guard in training currently found in Code section 32 27 29A.9 is added to the section. The requirement that the 32 28 general assembly be convened prior to the establishment of a 32 29 military district, currently found in Code section 29A.8 32 30 regarding state active duty, is added to the Code section as 32 31 well. 32 32 5. Code section 29A.8 regarding state active duty is 32 33 reorganized and certain language is conformed to the 32 34 provisions of Code section 29A.7. The definition of "state 32 35 active duty" is amended by adding language regarding training, 33 1 recruiting, escort duty, and duty at schools currently found 33 2 in Code section 29A.9. 33 3 6. Code section 29A.25 is amended to provide that 33 4 discharges from the national guard shall be in accordance with 33 5 federal law and regulations. 33 6 7. Code section 29A.26, regarding the state headquarters, 33 7 is amended by striking the requirements that all officers in 33 8 the state headquarters have prior military experience and that 33 9 they be retained in the state headquarters until retirement. 33 10 8. Code section 29A.40 restricts the use or wearing of a 33 11 national guard uniform except while on duty. 33 12 9. The provisions regarding discharge from the national 33 13 guard currently found in Code section 29A.41 are stricken. 33 14 10. Code section 29A.43 is amended to specify that 33 15 temporary duty includes temporary duty in active state 33 16 service, federal service, or state active duty. 33 17 11. Code section 29A.50 is amended to provide that members 33 18 of the national guard providing assistance to civil 33 19 authorities or performing homeland defense or security duties 33 20 have the same immunity as peace officers. Currently this 33 21 immunity is limited to circumstances where the national guard 33 22 is involved in suppression of an insurrection or the dispersal 33 23 of a mob. 33 24 12. Code section 29A.51 is amended to provide that a judge 33 25 advocate may represent a member of the national guard in a 33 26 suit or proceeding brought against the member for an official 33 27 act. Currently, only the state judge advocate is authorized 33 28 to defend a member of the national guard. 33 29 13. The senior commander allowances are increased from 33 30 $450 per general officer to $750 per general officer, a total 33 31 of $1,800. 33 32 14. Code section 29A.9 is repealed. As noted earlier, 33 33 various provisions of Code section 29A.9 are added to other 33 34 Code sections. 33 35 Division II creates the Iowa national guard civil relief 34 1 Act. The civil relief Act replaces temporary language adopted 34 2 during the second special session in 2001 Iowa Acts, House 34 3 File 762, which sunsets on January 31, 2002. The civil relief 34 4 Act applies to members of the Iowa national guard, serving on 34 5 active state service or state active duty for a period of 90 34 6 consecutive days or more beginning on or after the effective 34 7 date of the bill, and their dependents in certain cases. 34 8 The civil relief Act provides that default judgments 34 9 against service members may be set aside in certain 34 10 circumstances. It provides that a service member may obtain a 34 11 stay of any action or proceeding where the military service of 34 12 the service member materially affects the member's ability to 34 13 conduct the action or proceeding. 34 14 The civil relief Act prohibits fines or penalties for 34 15 nonperformance of a contract that is the subject of a judicial 34 16 stay and allows for fines or penalties to be set aside by a 34 17 court where the service member's ability to pay or perform was 34 18 materially affected by military service. The exercise of 34 19 rights under the civil relief Act shall not be used by a 34 20 lender or other person as the basis for an adverse action 34 21 against a service member. 34 22 The civil relief Act also provides that the execution of a 34 23 judgment against a service member may be stayed by a court 34 24 where the ability of the member to comply with the judgment is 34 25 materially affected by military service. The stay may be for 34 26 the duration of military service plus 30 days. The civil 34 27 relief Act also provides that the period of military service 34 28 is not included in calculating any statute of limitations 34 29 regarding an action or proceeding by or against a service 34 30 member or the member's heirs, executors, administrator's and 34 31 assignees. 34 32 The civil relief Act sets the maximum rate of interest for 34 33 preservice obligations at 6 percent, unless a court finds that 34 34 the ability of the service member to pay the obligation is not 34 35 materially impaired by the military service. 35 1 The civil relief Act prohibits the termination of a lease 35 2 or rental agreement of a service member or the member's 35 3 dependents during the period of military service, where the 35 4 rent does not exceed $1,200 per month, except pursuant to a 35 5 court order. The court may also enter a stay of a recovery or 35 6 forcible entry and detainer proceeding for up to three months. 35 7 The owner of the rental premises may also obtain similar 35 8 relief to that which may be granted to service members in the 35 9 event a stay of termination or other order is granted by the 35 10 court. A person violating this section commits a simple 35 11 misdemeanor. The governor may direct that an allotment of the 35 12 service member's pay be set up in favor of the landlord. 35 13 The civil relief Act also prohibits the termination of 35 14 installment contracts or mortgages for real or personal 35 15 property for nonpayment or breach during the period of 35 16 military service, except by court order. A person who 35 17 violates either of these provisions commits a simple 35 18 misdemeanor. 35 19 A service member may apply for relief under the civil 35 20 relief Act anytime during military service or within 30 days 35 21 thereafter for an obligation arising prior to military 35 22 service. The court will stay the enforcement of the 35 23 obligation unless the court finds that military service has 35 24 not materially affected the service member's ability to meet 35 25 the obligation. 35 26 Division III amends Code chapter 29B, the Iowa code of 35 27 military justice (ICMJ), as follows: 35 28 1. The definition of persons subject to the ICMJ is 35 29 amended to conform to Code chapter 29A. 35 30 2. The requirements for serving as a judge advocate in the 35 31 Iowa national guard are amended to require that a judge 35 32 advocate be admitted to practice law in Iowa. A current judge 35 33 advocate who is not a member of the bar does not have to 35 34 become a member of the bar to maintain military membership. 35 35 Also, the adjutant general shall appoint a staff judge 36 1 advocate for the air national guard and the army national 36 2 guard. The adjutant general may also appoint additional judge 36 3 advocates in the state military forces as necessary to 36 4 supplement or replace national guard judge advocates in times 36 5 of emergency. The position of state judge advocate is 36 6 eliminated in favor of the army and air staff judge advocates. 36 7 Conforming changes are made as appropriate in the ICMJ to 36 8 implement this change. 36 9 3. Military judges must be certified as qualified for duty 36 10 by the appropriate staff judge advocate for the air or army 36 11 national guard. Military judges may be drawn from national 36 12 guard, the active military forces, or from retirees possessing 36 13 the requisite qualifications. 36 14 4. Trial and defense counsel must be admitted before the 36 15 highest court in the state. The alternative requirement that 36 16 they be a member of the federal bar is eliminated. 36 17 5. In Code section 29B.116, the general punitive article 36 18 is amended to strike sodomy from the list of crimes that may 36 19 not be tried by court-martial. The inclusion of sodomy in the 36 20 list is duplicative, since sexual abuse is already included. 36 21 Division IV relates to the emergency management division of 36 22 the department of public defense. 36 23 Code section 29C.8, regarding the powers and duties of the 36 24 emergency management division administrator, is amended to 36 25 require the development of a critical asset protection plan. 36 26 This amendment defines the minimum content of the plan to 36 27 include an inventory of critical assets, an assessment of the 36 28 criticality and vulnerability of these assets, and an 36 29 assessment of the level of terrorist threat related to these 36 30 identified assets. 36 31 The proposed language requires the administrator to keep 36 32 confidential any information received from public and private 36 33 agencies used in the development of the plan. Public 36 34 information would remain open to the public upon request to 36 35 the lawful custodian of the record but would not be obtainable 37 1 through the emergency management division. 37 2 In addition, information regarding policies, procedures, 37 3 tactics, or other measures developed by the division or by any 37 4 other governmental body for purposes of implementing the plan, 37 5 shall be kept confidential. 37 6 The administrator may release to governmental agencies 37 7 information in the plan when the administrator is satisfied 37 8 that the need to know and intended use of the information are 37 9 reasonable. Agencies receiving the information are prohibited 37 10 from further redissemination without the approval of the 37 11 administrator. 37 12 Division IV also authorizes an intrastate compact for 37 13 mutual aid between participating governments, allowing 37 14 participating political subdivisions to request and share 37 15 resources during times of emergency or disaster. This 37 16 language is not unlike the language contained in Code section 37 17 29C.21 that provides for an interstate compact for mutual aid 37 18 between the participating states and territories. 37 19 Iowa political subdivisions would participate in the 37 20 compact by adopting the uniform language by resolution or 37 21 ordinance. The language of the compact would be uniform in 37 22 nature eliminating some of the need for party-to-party 37 23 negotiations. Any party adopting the compact would be 37 24 agreeing with any other party adopting the compact. 37 25 Participation in the compact is voluntary. Adoption of the 37 26 compact does not preclude or void the adoption and negotiation 37 27 of separate or supplementary mutual aid agreements as 37 28 authorized in Code chapter 28E or in other code. 37 29 Division V does the following: 37 30 1. Code section 18.6, regarding competitive bidding, is 37 31 amended to exempt Iowa technology center contracts made in 37 32 support of activities performed for another governmental 37 33 entity, either state or federal. 37 34 2. Code section 23A.2 is amended to exempt the Iowa 37 35 technology center from the provisions in Code chapter 23A, 38 1 regarding competition by state agencies. 38 2 The Iowa technology center is an entity created by a Code 38 3 chapter 28E agreement between the department of public defense 38 4 and interactive simulation and training systems, L.L.C. 38 5 Divisions I through IV take effect upon enactment. 38 6 Division V takes effect on July 1, 2002. 38 7 LSB 5268DP 79 38 8 tj/hk/91.1
Text: SSB03066 Text: SSB03068 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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