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 TLSB 1316XD (8) 84 aw/sc
S.F. _____ H.F. _____ 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 -1- LSB 1316XD (8) 84 aw/sc 1/ 7
S.F. _____ H.F. _____ 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 35 -2- LSB 1316XD (8) 84 aw/sc 2/ 7
S.F. _____ H.F. _____ 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, 35 -3- LSB 1316XD (8) 84 aw/sc 3/ 7
S.F. _____ H.F. _____ 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 35 -4- LSB 1316XD (8) 84 aw/sc 4/ 7
S.F. _____ H.F. _____ 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 35 -5- LSB 1316XD (8) 84 aw/sc 5/ 7
S.F. _____ H.F. _____ 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 35 -6- LSB 1316XD (8) 84 aw/sc 6/ 7
S.F. _____ H.F. _____ 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