Senate
Study
Bill
1047
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
PUBLIC
DEFENSE
BILL)
A
BILL
FOR
An
Act
relating
to
the
Iowa
military
code
and
military
service
1
by
making
changes
related
to
the
use
and
support
of
certain
2
facilities,
operations
support,
employment
and
rank
of
3
active
and
retired
military
personnel,
the
definition
of
4
performing
military
duty,
tort
claims
protections,
and
an
5
exemption
from
state
income
tax
for
military
pensions
and
6
including
effective
date
and
retroactive
applicability
7
provisions.
8
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
9
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Section
1.
Section
29A.14,
Code
2011,
is
amended
to
read
as
1
follows:
2
29A.14
Leasing
Support
and
facilities
improvement
fund
.
3
1.
The
adjutant
general
may
operate
or
lease
any
of
the
4
national
guard
facilities
at
Camp
Dodge.
Any
income
or
revenue
5
derived
from
the
operation
or
leasing
shall
be
deposited
with
6
the
treasurer
of
state
and
credited
to
the
national
guard
7
support
and
facilities
improvement
fund.
The
balance
in
8
the
national
guard
support
and
facilities
improvement
fund
9
is
limited
to
a
maximum
of
two
million
dollars.
Any
amount
10
exceeding
the
limit
shall
be
credited
to
the
general
fund
of
11
the
state.
12
2.
A
national
guard
support
and
facilities
improvement
fund
13
is
created
in
the
state
treasury.
The
proceeds
of
the
fund
are
14
appropriated,
and
shall
be
used
only
to
support
national
guard
15
operations
and
for
the
construction,
improvement,
modification,
16
maintenance
or
repair
of
national
guard
facilities.
However,
17
proceeds
of
the
fund
shall
not
be
used
for
the
construction
of
18
a
new
facility
without
the
approval
of
the
general
assembly.
19
Sec.
2.
Section
29A.14A,
Code
2011,
is
amended
to
read
as
20
follows:
21
29A.14A
Use
of
government
facilities.
22
Notwithstanding
any
provision
of
law
to
the
contrary,
the
23
state
or
any
political
subdivision
of
the
state,
shall
permit
24
the
rental
of
facilities
under
its
control,
for
a
fee
not
25
in
excess
of
any
expenses
incurred
by
the
state
or
political
26
subdivision,
for
designated
military
events.
For
purposes
27
of
this
section
,
“designated
military
event”
means
an
event
,
28
authorized
by
the
adjutant
general,
for
military
family
29
readiness
groups
,
departing
units,
or
for
returning
veterans
30
of
the
national
guard,
reserves,
or
regular
components
of
the
31
armed
forces
of
the
United
States
for
a
period
of
up
to
one
year
32
from
the
date
of
return
from
active
duty.
33
Sec.
3.
Section
29A.19,
Code
2011,
is
amended
to
read
as
34
follows:
35
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29A.19
Quartermaster.
1
A
present
or
retired
commissioned
officer
member
of
the
2
national
guard
who
has
ten
years’
service
in
the
Iowa
army
3
national
guard
or
the
Iowa
air
national
guard
and
has
attained
4
the
grade
of
a
field
officer
shall
be
detailed
to
be
the
5
quartermaster
and
property
officer
of
the
state,
who
shall
have
6
charge
of
and
be
accountable
for,
under
the
adjutant
general,
7
all
state
military
property.
The
quartermaster
shall
keep
8
property
returns
and
reports
and
give
bond
to
the
state
of
Iowa
9
as
the
governor
may
direct.
10
Sec.
4.
Section
29A.23,
Code
2011,
is
amended
to
read
as
11
follows:
12
29A.23
Roll
of
retired
officers
and
enlisted
personnel.
13
An
officer
or
enlisted
person
who
is
a
member
of
the
Iowa
14
national
guard
who
has
completed
twenty
years
of
military
15
service
under
10
U.S.C.
§
1331(d),
as
evidenced
by
a
letter
of
16
notification
of
retired
pay
at
age
sixty,
shall
upon
retirement
17
from
the
Iowa
national
guard
and
written
request
to
the
18
adjutant
general
be
placed
by
order
of
the
commander
in
chief
19
on
a
roll
in
the
office
of
the
adjutant
general
to
be
known
as
20
the
“roll
of
retired
national
guard
military
personnel.”
A
21
member
registered
on
the
roll
is
entitled
to
wear
the
uniform
22
of
the
rank
last
held
on
state
or
other
occasions
of
ceremony,
23
when
the
wearing
of
such
uniform
is
not
in
conflict
with
24
federal
law.
25
Sec.
5.
Section
29A.57,
subsection
2,
Code
2011,
is
amended
26
to
read
as
follows:
27
2.
The
board
may
acquire
land
or
real
estate
by
purchase,
28
contract
for
purchase,
gift,
or
bequest
and
acquire,
own,
29
contract
for
the
construction
of,
erect,
purchase,
maintain,
30
alter,
operate,
and
repair
installations
and
facilities
of
the
31
Iowa
army
national
guard
and
the
Iowa
air
national
guard
when
32
funds
for
the
installations
and
facilities
are
made
available
33
by
the
federal
government,
the
state
of
Iowa,
municipalities,
34
corporations,
or
individuals.
The
title
to
the
property
so
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acquired
shall
be
taken
in
the
name
of
the
state
of
Iowa
and
the
1
real
estate
may
be
sold
or
exchanged
by
the
executive
council,
2
upon
recommendation
of
the
board,
when
it
is
no
longer
needed
3
for
the
purpose
for
which
it
was
acquired.
Income
or
revenue
4
derived
from
the
sale
of
the
real
estate
shall
be
credited
to
5
the
national
guard
support
and
facilities
improvement
fund
and
6
used
for
the
purposes
specified
in
section
29A.14,
subsection
7
2
.
8
Sec.
6.
Section
29A.78,
Code
2011,
is
amended
to
read
as
9
follows:
10
29A.78
Brevet
rank.
11
The
commander
in
chief,
on
the
recommendation
of
the
12
adjutant
general,
may
commission
by
brevet
general
and
field
13
grade
officers
of
in
the
national
guard
whose
names
appear
on
14
the
roll
of
retired
military
personnel
as
defined
in
section
15
29A.23
in
the
next
higher
grade
than
that
held
at
retirement
or
16
resignation.
Brevet
rank
is
only
honorary
and
does
not
confer
17
any
privilege,
precedence
or
command
or
pay
any
emoluments.
18
Brevet
officers
may
wear
the
uniform
of
their
brevet
rank
on
19
occasions
of
ceremonies
related
to
state
functions
only.
20
Sec.
7.
Section
144.13B,
Code
2011,
is
amended
to
read
as
21
follows:
22
144.13B
Waiver
of
fees
——
military
service.
23
Notwithstanding
any
provision
of
this
chapter
to
the
24
contrary,
the
certified
copy
fees
for
a
birth
certificate
or
25
death
certificate
of
a
service
member
,
as
defined
in
section
26
29A.90
,
who
died
while
on
active
duty
performing
military
duty,
27
as
defined
in
section
29A.1,
subsection
3
,
11
,
or
12
,
shall
be
28
waived
for
a
period
of
one
year
from
the
date
of
death
for
a
29
family
member
of
the
deceased
service
member.
30
Sec.
8.
Section
144C.6,
subsection
4,
Code
2011,
is
amended
31
to
read
as
follows:
32
4.
A
declaration
for
disposition
of
remains
made
by
33
a
service
member
,
as
defined
in
section
29A.90
,
who
died
34
while
performing
military
duty
as
defined
in
section
29A.1,
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subsection
3
,
11
,
or
12
,
on
forms
provided
and
authorized
by
1
the
department
of
defense
for
service
members
for
this
purpose
2
shall
constitute
a
valid
declaration
of
designee
for
purposes
3
of
this
chapter
.
4
Sec.
9.
Section
422.7,
Code
2011,
is
amended
by
adding
the
5
following
new
subsection:
6
NEW
SUBSECTION
.
41.
Subtract,
to
the
extent
included,
7
retirement
pay
received
from
the
federal
government
for
8
military
service
performed
in
the
armed
forces,
armed
forces
9
military
reserve,
or
national
guard.
10
Sec.
10.
Section
476.20,
subsection
3,
unnumbered
paragraph
11
3,
Code
2011,
is
amended
to
read
as
follows:
12
The
rules
established
by
the
board
shall
provide
that
13
a
public
utility
furnishing
gas
or
electricity
shall
not
14
disconnect
service
to
a
residence
in
which
one
of
the
heads
of
15
household
is
a
service
member
deployed
for
military
service,
as
16
defined
in
section
29A.90
29A.1,
subsection
3
,
prior
to
a
date
17
ninety
days
after
the
end
of
the
service
member’s
deployment,
18
if
the
public
utility
is
informed
of
the
deployment.
19
Sec.
11.
Section
483A.24A,
Code
2011,
is
amended
to
read
as
20
follows:
21
483A.24A
License
refunds
——
military
service.
22
Notwithstanding
any
provision
of
this
chapter
to
the
23
contrary,
a
service
member
deployed
for
military
service,
both
24
as
defined
in
section
29A.90
29A.1,
subsection
3
,
shall
receive
25
a
refund
of
that
portion
of
any
license
fee
paid
by
the
service
26
member
representing
the
service
member’s
period
of
military
27
service.
28
Sec.
12.
Section
669.2,
subsection
4,
unnumbered
paragraph
29
1,
Code
2011,
is
amended
to
read
as
follows:
30
“Employee
of
the
state”
includes
any
one
or
more
officers,
31
agents,
or
employees
of
the
state
or
any
state
agency,
32
including
members
of
the
general
assembly,
and
persons
acting
33
on
behalf
of
the
state
or
any
state
agency
in
any
official
34
capacity,
temporarily
or
permanently
in
the
service
of
the
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state
of
Iowa,
whether
with
or
without
compensation,
but
1
does
not
include
a
contractor
doing
business
with
the
state.
2
Professional
personnel,
including
physicians,
osteopathic
3
physicians
and
surgeons,
osteopathic
physicians,
optometrists,
4
dentists,
nurses,
physician
assistants,
and
other
medical
5
personnel,
who
render
services
to
patients
or
inmates
of
state
6
institutions
under
the
jurisdiction
of
the
department
of
human
7
services
or
the
Iowa
department
of
corrections,
and
employees
8
of
the
department
of
veterans
affairs,
are
to
be
considered
9
employees
of
the
state,
whether
the
personnel
are
employed
on
a
10
full-time
basis
or
render
services
on
a
part-time
basis
on
a
11
fee
schedule
or
other
arrangement.
Criminal
defendants
while
12
performing
unpaid
community
service
ordered
by
the
district
13
court,
board
of
parole,
or
judicial
district
department
of
14
correctional
services,
or
an
inmate
providing
services
pursuant
15
to
a
chapter
28E
agreement
entered
into
pursuant
to
section
16
904.703
,
and
persons
supervising
those
inmates
under
and
17
according
to
the
terms
of
the
chapter
28E
agreement,
are
to
18
be
considered
employees
of
the
state.
Members
of
the
Iowa
19
national
guard
performing
duties
in
a
requesting
state
pursuant
20
to
section
29C.21
are
to
be
considered
employees
of
the
state
21
solely
for
the
purpose
of
claims
arising
out
of
those
duties
22
in
the
event
that
the
requesting
state’s
tort
claims
coverage
23
does
not
extend
to
such
members
of
the
Iowa
national
guard
or
24
is
less
than
that
provided
under
Iowa
law.
25
Sec.
13.
Section
724.7,
subsection
2,
Code
2011,
is
amended
26
to
read
as
follows:
27
2.
The
commissioner
of
public
safety
shall
develop
a
process
28
to
allow
service
members
deployed
for
military
service
to
29
submit
a
renewal
of
a
nonprofessional
permit
to
carry
weapons
30
early
and
by
mail.
In
addition,
a
permit
issued
to
a
service
31
member
who
is
deployed
for
military
service,
as
defined
in
32
section
29A.90
29A.1,
subsection
3
,
11
,
or
12
,
that
would
33
otherwise
expire
during
the
period
of
deployment
shall
remain
34
valid
for
ninety
days
after
the
end
of
the
service
member’s
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deployment.
1
Sec.
14.
RETROACTIVE
APPLICABILITY.
The
section
of
2
this
Act
enacting
new
section
422.7,
subsection
41,
applies
3
retroactively
to
January
1,
2011,
for
tax
years
beginning
on
4
or
after
that
date.
5
Sec.
15.
EFFECTIVE
UPON
ENACTMENT.
The
section
of
this
Act
6
amending
section
29A.14,
being
deemed
of
immediate
importance,
7
takes
effect
upon
enactment.
8
EXPLANATION
9
This
bill
relates
to
the
Iowa
military
code
and
military
10
service.
11
The
bill
amends
Code
section
29A.14
to
change
the
name
of
12
the
national
guard
facilities
improvement
fund
to
the
national
13
guard
support
and
facilities
improvement
fund.
The
bill
allows
14
for
these
funds
to
be
used
for
both
national
guard
operations
15
and
facilities
improvements.
This
provision
of
the
bill
takes
16
effect
upon
enactment.
17
The
bill
amends
Code
section
29A.14A,
regarding
leasing
of
18
governmental
facilities
for
designated
military
events,
to
19
eliminate
the
requirement
that
the
adjutant
general
approve
20
the
events
and
to
expand
the
definition
of
events
to
include
21
departure-related
events.
22
The
bill
eliminates
the
requirement
that
the
state
23
quartermaster
be
a
current
or
former
commissioned
officer.
The
24
change
allows
current
or
former
noncommissioned
officers
to
25
serve
in
the
position.
26
The
bill
amends
Code
section
29A.23
to
specify
who
may
27
be
placed
on
the
role
of
retired
military
personnel
from
the
28
Iowa
national
guard.
Code
section
29A.78,
relating
to
brevet
29
commissions,
is
amended
to
link
the
brevet
to
membership
in
the
30
Iowa
national
guard.
31
The
bill
provides
definitions
for
“performing
military
duty”
32
as
it
relates
to
the
waiver
of
fees
for
certain
birth
and
death
33
certificates,
the
designation
for
the
dispositions
of
remains
34
made
on
forms
provided
and
authorized
by
the
department
of
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public
defense,
the
disconnection
of
public
utility
services,
1
the
refund
of
fishing
and
hunting
license
fees,
and
the
renewal
2
of
weapon
permits.
3
The
bill
exempts
retirement
pay
received
from
the
federal
4
government
for
certain
military
service
from
state
income
5
taxation.
This
provision
of
the
bill
applies
retroactively
to
6
January
1,
2011,
for
tax
years
beginning
on
or
after
that
date.
7
The
bill
also
amends
the
Iowa
tort
claims
Act
to
provide
that
8
members
of
the
Iowa
national
guard
performing
military
duty
9
in
a
state
that
has
requested
assistance
from
Iowa
under
the
10
emergency
management
assistance
compact
are
to
be
considered
11
employees
of
the
state
of
Iowa
for
the
purpose
of
tort
claims
12
arising
from
those
duties
where
the
tort
claims
coverage
of
the
13
requesting
state
does
not
extend
to
such
Iowa
national
guard
14
members
or
is
less
than
that
of
Iowa.
15
-7-
LSB
1316XD
(8)
84
aw/sc
7/
7