HSB 560 (LSB 5062DP (4) 83)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF PUBLIC DEFENSE BILL)

A BILL FOR

An Act relating to the military division of the department of public defense concerning state military service and the Iowa code of military justice.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 29A.8A, Code 2009, is amended to read as follows:
   29A.8A  State military service.

   1.  If federal funding and authorization exist for this purpose, the governor may order to state military service the military forces of the Iowa army national guard or Iowa air national guard as the governor may deem appropriate for the purposes of homeland security, homeland defense, or other duty.

   2.  A state employee shall take either a full day’s leave in accordance with section 29A.28 or eight hours of compensatory time on a day in which the state employee receives a full day’s pay from federal funds for national guard duty state military service.
   3.  When performing state military service, the adjutant general, a deputy adjutant general, or the state quartermaster shall not be considered a state employee, except for purposes of the Iowa public employees’ retirement system, state health and dental plans, and other state employee benefits plans.
    Sec. 2.  Section 29B.37, Code 2009, is amended to read as follows:
   29B.37  Adjutant general may prescribe rules.

   The procedures, including modes of proof, in cases before military courts and other military tribunals shall be prescribed by the adjutant general by rule, but shall not be contrary to or inconsistent with this code. This code shall be construed as to effectuate the general purpose of uniformity so far as practical with the uniform code of military justice, 10 U.S.C. ch. 47. All courts and other proceedings shall be conducted under the procedural rules established under 10 U.S.C. ch. 47 unless otherwise provided in this code.
    Sec. 3.  Section 29B.47, subsection 3, Code 2009, is amended to read as follows:
   3.  Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall run to any part of the state United States and shall be executed by civil officers as prescribed by laws of the state United States or the place where the witness or evidence is located.
    Sec. 4.  NEW SECTION.  29B.107A  Wrongful use or possession of controlled substances.
   1.  Any person subject to this code who wrongfully uses, possesses, manufactures, distributes, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces of the United States or of the state military forces, a controlled substance shall be punished as a court-martial may direct.
   2.  For purposes of this section, “controlled substance” includes but is not limited to any of the following:
   a.  Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and marijuana and any compound or derivative of any such substance.
   b.  Any substance listed on a schedule of controlled substances prescribed by the president of the United States for the purposes of the uniform code of military justice, 10 U.S.C. ch. 47.
   c.  Any substance listed in schedules I through V of section 202 of the federal Controlled Substances Act, 21 U.S.C. § 812.
    Sec. 5.  NEW SECTION.  29B.130  Uniformity of interpretation.
   This code shall be construed as to effectuate the general purpose of uniformity, so far as practical, with the uniform code of military justice, 10 U.S.C. ch. 47.
EXPLANATION
   This bill relates to the military division of the department of public defense concerning state military service and the Iowa code of military justice.
   Code section 29A.8A, concerning state military service, is amended to provide that the adjutant general, a deputy adjutant general, and the state quartermaster shall not be considered state employees while performing state military service except for purposes of the Iowa public employees’ retirement system and state employee health, dental, and other benefit plans.
   Code section 29B.47, concerning process issued under the Iowa code of military justice, is amended to provide that process may run to other states, as well as the United States and its territories and possessions in accordance with the law of the place where the witness or evidence sought is located.
   New Code section 29B.107A adds an additional punitive article to the Iowa code of military justice relating to wrongful use, possession, distribution, or manufacture of certain controlled substances. The bill defines controlled substances to include opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and marijuana and any compounds or derivatives, substances specified by the president as controlled substances for purposes of the uniform code of military justice, and substances listed in schedules I through V of section 202 of the federal Controlled Substances Act.
   The bill also moves language concerning interpreting the Iowa code of military justice consistently with the federal uniform code of military justice from Code section 29B.37 to new Code section 29B.130.