House Study Bill 560 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF PUBLIC DEFENSE BILL) A BILL FOR An Act relating to the military division of the department of 1 public defense concerning state military service and the 2 Iowa code of military justice. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5062DP (4) 83 ec/nh

S.F. _____ H.F. _____ Section 1. Section 29A.8A, Code 2009, is amended to read as 1 follows: 2 29A.8A State military service. 3 1. If federal funding and authorization exist for this 4 purpose, the governor may order to state military service the 5 military forces of the Iowa army national guard or Iowa air 6 national guard as the governor may deem appropriate for the 7 purposes of homeland security, homeland defense, or other duty. 8 2. A state employee shall take either a full day’s leave in 9 accordance with section 29A.28 or eight hours of compensatory 10 time on a day in which the state employee receives a full day’s 11 pay from federal funds for national guard duty state military 12 service . 13 3. When performing state military service, the adjutant 14 general, a deputy adjutant general, or the state quartermaster 15 shall not be considered a state employee, except for purposes 16 of the Iowa public employees’ retirement system, state health 17 and dental plans, and other state employee benefits plans. 18 Sec. 2. Section 29B.37, Code 2009, is amended to read as 19 follows: 20 29B.37 Adjutant general may prescribe rules. 21 The procedures, including modes of proof, in cases before 22 military courts and other military tribunals shall be 23 prescribed by the adjutant general by rule, but shall not be 24 contrary to or inconsistent with this code. This code shall be 25 construed as to effectuate the general purpose of uniformity 26 so far as practical with the uniform code of military justice, 27 10 U.S.C. ch. 47. All courts and other proceedings shall 28 be conducted under the procedural rules established under 10 29 U.S.C. ch. 47 unless otherwise provided in this code. 30 Sec. 3. Section 29B.47, subsection 3, Code 2009, is amended 31 to read as follows: 32 3. Process issued in court-martial cases to compel 33 witnesses to appear and testify and to compel the production 34 of other evidence shall run to any part of the state United 35 -1- LSB 5062DP (4) 83 ec/nh 1/ 3

S.F. _____ H.F. _____ States and shall be executed by civil officers as prescribed by 1 laws of the state United States or the place where the witness 2 or evidence is located . 3 Sec. 4. NEW SECTION . 29B.107A Wrongful use or possession 4 of controlled substances. 5 1. Any person subject to this code who wrongfully uses, 6 possesses, manufactures, distributes, or introduces into an 7 installation, vessel, vehicle, or aircraft used by or under 8 the control of the armed forces of the United States or of the 9 state military forces, a controlled substance shall be punished 10 as a court-martial may direct. 11 2. For purposes of this section, “controlled substance” 12 includes but is not limited to any of the following: 13 a. Opium, heroin, cocaine, amphetamine, lysergic acid 14 diethylamide, methamphetamine, phencyclidine, barbituric 15 acid, and marijuana and any compound or derivative of any such 16 substance. 17 b. Any substance listed on a schedule of controlled 18 substances prescribed by the president of the United States for 19 the purposes of the uniform code of military justice, 10 U.S.C. 20 ch. 47. 21 c. Any substance listed in schedules I through V of section 22 202 of the federal Controlled Substances Act, 21 U.S.C. § 812. 23 Sec. 5. NEW SECTION . 29B.130 Uniformity of interpretation. 24 This code shall be construed as to effectuate the general 25 purpose of uniformity, so far as practical, with the uniform 26 code of military justice, 10 U.S.C. ch. 47. 27 EXPLANATION 28 This bill relates to the military division of the department 29 of public defense concerning state military service and the 30 Iowa code of military justice. 31 Code section 29A.8A, concerning state military service, is 32 amended to provide that the adjutant general, a deputy adjutant 33 general, and the state quartermaster shall not be considered 34 state employees while performing state military service except 35 -2- LSB 5062DP (4) 83 ec/nh 2/ 3

S.F. _____ H.F. _____ for purposes of the Iowa public employees’ retirement system 1 and state employee health, dental, and other benefit plans. 2 Code section 29B.47, concerning process issued under the 3 Iowa code of military justice, is amended to provide that 4 process may run to other states, as well as the United States 5 and its territories and possessions in accordance with the law 6 of the place where the witness or evidence sought is located. 7 New Code section 29B.107A adds an additional punitive 8 article to the Iowa code of military justice relating to 9 wrongful use, possession, distribution, or manufacture of 10 certain controlled substances. The bill defines controlled 11 substances to include opium, heroin, cocaine, amphetamine, 12 lysergic acid diethylamide, methamphetamine, phencyclidine, 13 barbituric acid, and marijuana and any compounds or 14 derivatives, substances specified by the president as 15 controlled substances for purposes of the uniform code of 16 military justice, and substances listed in schedules I through 17 V of section 202 of the federal Controlled Substances Act. 18 The bill also moves language concerning interpreting the 19 Iowa code of military justice consistently with the federal 20 uniform code of military justice from Code section 29B.37 to 21 new Code section 29B.130. 22 -3- LSB 5062DP (4) 83 ec/nh 3/ 3