Senate Study Bill 3081 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF PUBLIC DEFENSE BILL) A BILL FOR An Act relating to the department of public defense by making 1 changes regarding the Iowa military code and military 2 service, including terminology modifications and leases 3 entered into by the department of public defense and the 4 armory board, and including effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5317DP (14) 84 aw/sc
S.F. _____ H.F. _____ Section 1. Section 8A.321, subsection 6, Code Supplement 1 2011, is amended by adding the following new paragraph: 2 NEW PARAGRAPH . d. This subsection shall not apply to the 3 department of public defense or the armory board. 4 Sec. 2. Section 8A.327, subsection 1, Code Supplement 2011, 5 is amended to read as follows: 6 1. A rent revolving fund is created in the state treasury 7 under the control of the department to be used by the 8 department to pay the lease or rental costs of all buildings 9 and office space necessary for the proper functioning of any 10 state agency , except the department of public defense or the 11 armory board, wherever located throughout the state as provided 12 in section 8A.321, subsection 6 , except that this fund shall 13 not be used to pay the rental or lease costs of a state agency 14 which has not received funds budgeted for rental or lease 15 purposes. 16 Sec. 3. Section 8A.402, subsection 2, paragraph f, 17 subparagraphs (1) and (2), Code 2011, are amended to read as 18 follows: 19 (1) Develop, in consultation with the department of 20 veterans affairs, programs to inform state employees who are 21 members of the national guard or organized reserves of the 22 armed forces of the United States, and their families, of their 23 rights and benefits while the member is deployed in active 24 federal service active duty . 25 (2) Develop, in consultation with the department of 26 veterans affairs and the department of workforce development, 27 programs to inform members of the national guard or organized 28 reserves of the armed forces of the United States returning to 29 Iowa following active federal service active duty about job 30 opportunities in state government. 31 Sec. 4. Section 8A.402, subsection 2, paragraph f, 32 subparagraph (3), subparagraph division (a), Code 2011, is 33 amended to read as follows: 34 (a) Programs to inform disabled veterans returning to the 35 -1- LSB 5317DP (14) 84 aw/sc 1/ 16
S.F. _____ H.F. _____ state after active federal service active duty about federally 1 funded job training opportunities in state government, pursuant 2 to 38 U.S.C. ch. 31. 3 Sec. 5. Section 16.54, subsection 1, Code 2011, is amended 4 to read as follows: 5 1. For the purposes of this section , “eligible member of the 6 armed forces of the United States” means a person who is or was 7 a member of the national guard, reserve, or regular component 8 of the armed forces of the United States who has served at 9 least ninety days of active duty service beginning on or after 10 September 11, 2001. “Eligible member of the armed forces of 11 the United States” also means a former member of the national 12 guard, reserve, or regular component of the armed forces of 13 the United States who was honorably discharged due to injuries 14 incurred while on active federal service active duty beginning 15 on or after September 11, 2001, that precluded completion of 16 a minimum aggregate of ninety days of active federal service 17 active duty . 18 Sec. 6. Section 29A.1, subsection 3, Code 2011, is amended 19 to read as follows: 20 3. “Federal service” active duty” means full-time duty in 21 the active military service of the United States authorized 22 and performed under the provisions of Tit. 10 U.S.C. as part 23 of the active military forces of the United States or the army 24 national guard of the United States or the air national guard 25 of the United States Code . 26 Sec. 7. Section 29A.1, Code 2011, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 7A. “National guard duty” means training 29 or other duty authorized and performed under the provisions of 30 32 U.S.C. § 316 or 32 U.S.C. §§ 502 through 505 as part of the 31 national guard and paid for with federal funds. “National guard 32 duty” includes but is not limited to full-time national guard 33 duty pursuant to 32 U.S.C. § 502(f) and inactive duty training 34 and annual training pursuant to 32 U.S.C § 502(a). 35 -2- LSB 5317DP (14) 84 aw/sc 2/ 16
S.F. _____ H.F. _____ Sec. 8. Section 29A.1, subsection 9, Code 2011, is amended 1 to read as follows: 2 9. “On duty” means training, including unit training 3 assemblies, and other training, operational duty, and other 4 service which may be required under state or federal law, 5 regulations, or orders, and the necessary travel of an officer 6 or enlisted person to the place of performance and return home 7 after performance of that duty, but does not include federal 8 service active duty . A member of the national guard shall 9 be considered to be on duty when called to testify about an 10 incident which the member observed or was involved in while 11 that member was on duty. 12 Sec. 9. Section 29A.1, subsection 12, Code 2011, is amended 13 by striking the subsection. 14 Sec. 10. Section 29A.7, subsections 1 and 2, Code 2011, are 15 amended to read as follows: 16 1. The governor is the commander in chief of the military 17 forces, except when they are in on federal service active 18 duty . The governor may employ the military forces of the state 19 for the defense of the state, to provide assistance to civil 20 authorities in emergencies resulting from disasters or public 21 disorders as defined in section 29C.2 , including homeland 22 security and defense duties, and for parades and ceremonies of 23 a civic nature. 24 2. The governor shall provide for the participation of the 25 national guard in training at the times and places as necessary 26 to ensure readiness for public defense or federal service 27 active duty . 28 Sec. 11. Section 29A.8A, Code 2011, is amended to read as 29 follows: 30 29A.8A State military service National guard duty . 31 1. If federal funding and authorization exist for this the 32 purpose identified by the governor , the governor may order to 33 state military service national guard duty the military forces 34 of the Iowa army national guard or Iowa air national guard as 35 -3- LSB 5317DP (14) 84 aw/sc 3/ 16
S.F. _____ H.F. _____ the governor may deem appropriate for the purposes of homeland 1 security, homeland defense, or other duty . 2 2. A state employee shall take either a full day’s leave in 3 accordance with section 29A.28 or eight hours of compensatory 4 time on a day in which the state employee receives a full day’s 5 pay from federal funds for state military service national 6 guard duty . 7 3. When performing state military service national guard 8 duty , the adjutant general, a deputy adjutant general, or the 9 state quartermaster shall not be considered a state employee, 10 except for purposes of the Iowa public employees’ retirement 11 system, state health and dental plans, and other state employee 12 benefits plans. 13 Sec. 12. Section 29A.15, Code 2011, is amended to read as 14 follows: 15 29A.15 State awards and decorations. 16 The adjutant general, from the funds appropriated for the 17 support and maintenance of the national guard, shall procure 18 and issue to the members of the national guard merit or 19 service badges or other appropriate awards for service under 20 regulations and according to the design and pattern determined 21 by the adjutant general. Members of the national guard who, by 22 order of the president, serve in federal forces during national 23 emergency, may count the period of that federal service active 24 duty toward the procurement of a service badge. 25 Sec. 13. Section 29A.19, Code Supplement 2011, is amended 26 to read as follows: 27 29A.19 Quartermaster. 28 A present or retired member of the national guard who has 29 ten years’ service in the Iowa army national guard or the Iowa 30 air national guard shall be detailed to be the quartermaster 31 and property officer of the state , who shall have charge of and 32 be accountable responsible for, under the adjutant general, 33 all state military property and facilities . The quartermaster 34 shall keep property returns and reports and give bond to the 35 -4- LSB 5317DP (14) 84 aw/sc 4/ 16
S.F. _____ H.F. _____ state of Iowa as the governor may direct. 1 Sec. 14. Section 29A.27, subsections 1 and 3, Code 2 Supplement 2011, are amended to read as follows: 3 1. Officers and enlisted persons while in state active 4 duty shall receive the same pay, per diem, and allowances as 5 are paid for the same rank or grade for federal service active 6 duty . However, a person shall not be paid at a base rate of 7 pay of less than one hundred dollars per calendar day of state 8 active duty. 9 3. Where the provisions of this section may be applicable 10 or at other times as considered necessary, but at least once a 11 year, the adjutant general shall appoint a state review board 12 consisting of three officers, one of whom shall be a medical 13 officer, for the purpose of determining the continuation of 14 benefits for individuals who have established their eligibility 15 under this section . Once established, benefits shall be paid 16 until terminated by the review board and shall continue for the 17 duration of the disability even though the individual may no 18 longer be medically qualified for military service and may have 19 been discharged from the national guard. 20 Sec. 15. Section 29A.28, subsections 1 and 3, Code 2011, are 21 amended to read as follows: 22 1. a. All officers and employees of the state, a 23 subdivision thereof, or a municipality, other than employees 24 employed temporarily for six months or less, who are members of 25 the national guard, organized reserves or any component part 26 of the military, naval, or air forces or nurse corps of this 27 state or nation, or who are or may be otherwise inducted into 28 the military service of this state or of the United States, or 29 who are members of the civil air patrol, shall, when ordered by 30 proper authority to state active duty, state military service 31 national guard duty , or federal service active duty , or when 32 performing a civil air patrol mission pursuant to section 33 29A.3A , be entitled to a leave of absence from such civil 34 employment for the period of state active duty, state military 35 -5- LSB 5317DP (14) 84 aw/sc 5/ 16
S.F. _____ H.F. _____ service national guard duty , federal service active duty , or 1 civil air patrol duty without loss of status or efficiency 2 rating, and without loss of pay during the first thirty days of 3 such leave of absence. 4 b. Where state active duty, state military service national 5 guard duty , federal service active duty , or civil air patrol 6 duty is for a period of less than thirty days, a leave of 7 absence under this section shall only be required for those 8 days that the civil employee would normally perform services 9 for the state, subdivision of the state, or a municipality. 10 The provisions of this section shall also apply to a leave of 11 absence by a member of the national disaster medical system 12 of the United States when activated for federal service with 13 the system. If the workday for a civil employee encompasses 14 more than one calendar day, the civil employee shall only 15 be required to take a leave of absence for one day for that 16 workday if a leave of absence is required under this paragraph. 17 3. Upon returning from a leave of absence under this 18 section , an employee shall be entitled to return to the same 19 position and classification held by the employee at the time of 20 entry into state active duty, state military service national 21 guard duty , federal service active duty , or civil air patrol 22 duty, or to the position and classification that the employee 23 would have been entitled to if the continuous civil service of 24 the employee had not been interrupted by state active duty, 25 state military service national guard duty , federal service 26 active duty , or civil air patrol duty. Under this subsection , 27 “position” includes the geographical location of the position. 28 Sec. 16. Section 29A.43, subsections 1 and 2, Code 29 Supplement 2011, are amended to read as follows: 30 1. A person shall not discriminate against any officer or 31 enlisted person of the national guard or organized reserves 32 of the armed forces of the United States or any member of the 33 civil air patrol because of that membership. An employer, 34 or agent of an employer, shall not discharge a person from 35 -6- LSB 5317DP (14) 84 aw/sc 6/ 16
S.F. _____ H.F. _____ employment because of being an officer or enlisted person of 1 the military forces of the state or member of the civil air 2 patrol, or hinder or prevent the officer or enlisted person or 3 member of the civil air patrol from performing any military 4 service or civil air patrol duty the person is called upon to 5 perform by proper authority. A member of the national guard 6 or organized reserves of the armed forces of the United States 7 ordered to temporary duty or service, as defined in section 8 29A.1, subsection 3 , 7A, or 11 , or 12 , or a member of the 9 civil air patrol performing duty pursuant to section 29A.3A , 10 for any purpose is entitled to a leave of absence during 11 the period of the duty or service, from the member’s private 12 employment unless the employment is of a temporary nature. 13 Upon completion of the duty or service, the employer shall 14 restore the person to the position held prior to the leave of 15 absence or employ the person in a position of like seniority, 16 status, and pay. However, the person shall give evidence to 17 the employer of satisfactory completion of the duty or service, 18 and that the person is still qualified to perform the duties of 19 the position. The period of absence shall be construed as an 20 absence with leave, and shall in no way affect the employee’s 21 rights to vacation, sick leave, bonus, or other employment 22 benefits relating to the employee’s particular employment. 23 2. An officer or enlisted person of the national guard or 24 organized reserves of the armed forces of the United States who 25 is insured as a dependent under a group policy for accident or 26 health insurance as a full-time student less than twenty-five 27 years of age, whose coverage under the group policy would 28 otherwise terminate while the officer or enlisted person 29 was on a leave of absence during a period of temporary duty 30 or service, as defined for members of the national guard in 31 section 29A.1, subsection 3, 7A, or 11 , or 12 , or as a member 32 of the organized reserves called to active duty from a reserve 33 component status, shall be considered to have been continuously 34 insured under the group policy for the purpose of returning to 35 -7- LSB 5317DP (14) 84 aw/sc 7/ 16
S.F. _____ H.F. _____ the insured dependent status as a full-time student who is less 1 than twenty-five years of age. This subsection does not apply 2 to coverage of an injury suffered or a disease contracted by a 3 member of the national guard or organized reserves of the armed 4 forces of the United States in the line of duty. 5 Sec. 17. Section 29A.53, unnumbered paragraph 3, Code 2011, 6 is amended to read as follows: 7 Officers and enlisted personnel called into federal 8 service active duty through the national guard shall upon 9 completion of such service duty continue to serve the balance 10 of their enlistment period the same as though it had not been 11 interrupted by such service duty . 12 Sec. 18. Section 29A.65, Code 2011, is amended to read as 13 follows: 14 29A.65 Activation. 15 Whenever any part of the national guard is in on federal 16 service active duty the governor may activate such part of the 17 unorganized militia, to be designated the “Iowa State Guard”, 18 as the governor may deem necessary, subject to provisions 19 of federal law and regulations relating to such military 20 organizations. 21 Sec. 19. Section 29A.67, Code 2011, is amended to read as 22 follows: 23 29A.67 Chief of staff. 24 In the event the state headquarters of the national guard is 25 inducted into federal service active duty , the governor shall 26 appoint a chief of staff for the Iowa state guard. 27 Sec. 20. Section 29A.90, subsection 3, Code 2011, is amended 28 to read as follows: 29 3. “Military service” means full-time state military service 30 national guard duty or state active duty, as defined in section 31 29A.1 , for a period of at least ninety thirty consecutive days, 32 commencing on or after April 22, 2002 the effective date of 33 this Act . 34 Sec. 21. Section 29B.1, Code 2011, is amended to read as 35 -8- LSB 5317DP (14) 84 aw/sc 8/ 16
S.F. _____ H.F. _____ follows: 1 29B.1 Persons subject to code. 2 This chapter applies to all members of the state military 3 forces, while not in on federal service active duty . As used 4 in this chapter , unless the context otherwise requires, “state 5 military forces” has the same meaning as in section 29A.6 , and 6 “code” means this chapter , which may be cited as the “Iowa Code 7 of Military Justice” . 8 Sec. 22. Section 29B.13, unnumbered paragraph 1, Code 2011, 9 is amended to read as follows: 10 Under regulations as may be prescribed under this code a 11 person subject to this code who is on state military service 12 national guard duty or state active duty who is accused of an 13 offense against civil authority may be delivered, upon request, 14 to the civil authority for trial. 15 Sec. 23. Section 29B.21, Code 2011, is amended to read as 16 follows: 17 29B.21 Confinement instead of fine. 18 In the state military forces, not in on federal service 19 active duty , a court-martial may, instead of imposing a fine, 20 sentence to confinement for not more than one day for each 21 three dollars of the authorized fine. 22 Sec. 24. Section 29B.22, unnumbered paragraph 2, Code 2011, 23 is amended to read as follows: 24 The adjutant general shall designate a staff judge advocate 25 for the army national guard and the air national guard. The 26 adjutant general may appoint the number of judge advocates of 27 the state military forces as the adjutant general considers 28 necessary to perform state active duty to supplement or replace 29 national guard judge advocates in emergencies or when the 30 national guard judge advocates are in on federal service active 31 duty . 32 Sec. 25. Section 29C.21, subsection 13, Code 2011, is 33 amended to read as follows: 34 13. Article XIII —— Additional provisions. Nothing in this 35 -9- LSB 5317DP (14) 84 aw/sc 9/ 16
S.F. _____ H.F. _____ compact shall authorize or permit the use of military force by 1 the national guard of a state at any place outside that state 2 in any emergency for which the president is authorized by law 3 to call into federal service active duty the militia, or for 4 any purpose for which the use of the army or the air force would 5 in the absence of express statutory authorization be prohibited 6 under 18 U.S.C. § 1385. 7 Sec. 26. Section 35.1, subsection 2, paragraph b, 8 subparagraph (1), Code 2011, is amended to read as follows: 9 (1) Former members of the reserve forces of the United 10 States who served at least twenty years in the reserve forces 11 and who were discharged under honorable conditions. However, a 12 member of the reserve forces of the United States who completed 13 a minimum aggregate of ninety days of active federal service 14 active duty , other than training, and was discharged under 15 honorable conditions, or was retired under Tit. 10 of the 16 United States Code shall be included as a veteran. 17 Sec. 27. Section 35.1, subsection 2, paragraph c, Code 2011, 18 is amended to read as follows: 19 c. A resident of this state who served on active federal 20 service active duty , other than training, in the armed forces 21 of the United States and who was discharged under honorable 22 conditions. 23 Sec. 28. Section 35.9, subsection 1, paragraph a, Code 2011, 24 is amended to read as follows: 25 a. The department may expend not more than six hundred 26 dollars per year for any one child who has lived in the state of 27 Iowa for two years preceding application for state educational 28 assistance, and who is the child of a person who died prior 29 to September 11, 2001, during active federal military service 30 active duty while serving in the armed forces or during active 31 federal military service active duty in the Iowa national 32 guard or other military component of the United States, to 33 defray the expenses of tuition, matriculation, laboratory and 34 similar fees, books and supplies, board, lodging, and any other 35 -10- LSB 5317DP (14) 84 aw/sc 10/ 16
S.F. _____ H.F. _____ reasonably necessary expense for the child or children incident 1 to attendance in this state at an educational or training 2 institution of college grade, or in a business or vocational 3 training school with standards approved by the department. 4 Sec. 29. Section 35.9, subsection 2, paragraph a, Code 2011, 5 is amended to read as follows: 6 a. Upon application by a child who is less than thirty-one 7 years of age, and who is the child of a person who died on 8 or after September 11, 2001, during active federal military 9 service active duty while serving in the armed forces or 10 during active federal military service active duty in the 11 Iowa national guard or other military component of the United 12 States, and who at the time of entering into federal active 13 military service duty had maintained the person’s residence 14 in the state for a period of at least six months immediately 15 before entering into federal active military service duty , 16 the department shall provide state educational assistance in 17 an amount of no more than the highest resident undergraduate 18 tuition rate established per year for an institution of higher 19 learning under the control of the state board of regents less 20 the amount of any state and federal education benefits, grants, 21 or scholarships received by the child, or the amount of the 22 child’s established financial need, whichever is less, to 23 defray the expenses of tuition at any postsecondary educational 24 institution in this state. 25 Sec. 30. Section 69.20, subsections 1 and 3, Code 2011, are 26 amended to read as follows: 27 1. A temporary vacancy in an elective office of a political 28 subdivision, community college, or hospital board of trustees 29 of this state occurs on the date when the person filling that 30 office is placed on state military service national guard duty 31 or federal service active duty , as those terms are defined 32 in section 29A.1 , and when such a person will not be able to 33 attend to the duties of that person’s elective position for 34 a period greater than sixty consecutive days. The temporary 35 -11- LSB 5317DP (14) 84 aw/sc 11/ 16
S.F. _____ H.F. _____ vacancy terminates on the date when such person is released 1 from such service, or the term of office expires. 2 3. Upon the termination of a temporary vacancy due to 3 a person’s release from state military service national 4 guard duty or federal service active duty , the person who 5 held the elective office just prior to the temporary vacancy 6 shall immediately be deemed to have been reinstated to that 7 position and the person who filled the temporary vacancy shall 8 immediately be deemed to have been removed from that office. 9 Sec. 31. Section 96.7, subsection 2, paragraph a, 10 subparagraph (2), subparagraph division (e), subparagraph 11 subdivision (i), Code 2011, is amended to read as follows: 12 (i) A member of the national guard or organized reserves 13 of the armed forces of the United States ordered to temporary 14 duty, as defined in section 29A.1, subsection 3, 7A, or 11 , or 15 12 , for any purpose, who has completed the duty as evidenced in 16 accordance with section 29A.43 . 17 Sec. 32. Section 144.13B, Code Supplement 2011, is amended 18 to read as follows: 19 144.13B Waiver of fees —— military service. 20 Notwithstanding any provision of this chapter to the 21 contrary, the certified copy fees for a birth certificate or 22 death certificate of a service member who died while performing 23 military duty, as defined in section 29A.1, subsection 3 , 7A, 24 or 11 , or 12 , shall be waived for a period of one year from 25 the date of death for a family member of the deceased service 26 member. 27 Sec. 33. Section 144C.6, subsection 4, Code Supplement 28 2011, is amended to read as follows: 29 4. A declaration for disposition of remains made by a 30 service member who died while performing military duty as 31 defined in section 29A.1, subsection 3 , 7A, or 11 , or 12 , on 32 forms provided and authorized by the department of defense 33 for service members for this purpose shall constitute a valid 34 declaration of designee for purposes of this chapter . 35 -12- LSB 5317DP (14) 84 aw/sc 12/ 16
S.F. _____ H.F. _____ Sec. 34. Section 260C.14, subsection 20, unnumbered 1 paragraph 1, Code 2011, is amended to read as follows: 2 Adopt a policy to offer not less than the following options 3 to a student who is a member, or the spouse of a member if 4 the member has a dependent child as defined in subsection 14 , 5 paragraph “b” , subparagraph (2), subparagraph division (a), of 6 the Iowa national guard or reserve forces of the United States 7 and who is ordered to state military service national guard 8 duty or federal service or active duty: 9 Sec. 35. Section 261.9, subsection 1, paragraph g, 10 subparagraph (1), unnumbered paragraph 1, Code Supplement 2011, 11 is amended to read as follows: 12 Adopts a policy to offer not less than the following options 13 to a student who is a member, or the spouse of a member if 14 the member has a dependent child, of the Iowa national guard 15 or reserve forces of the United States and who is ordered to 16 state military service national guard duty or federal service 17 or active duty: 18 Sec. 36. Section 262.9, subsection 30, unnumbered paragraph 19 1, Code Supplement 2011, is amended to read as follows: 20 Direct the institutions of higher education under its 21 control to adopt a policy to offer not less than the following 22 options to a student who is a member, or the spouse of a member 23 if the member has a dependent child as defined in subsection 24 17 , paragraph “b” , subparagraph (2), subparagraph division (a), 25 of the Iowa national guard or reserve forces of the United 26 States and who is ordered to state military service national 27 guard duty or federal service or active duty: 28 Sec. 37. Section 422.7, subsection 38, Code Supplement 29 2011, is amended to read as follows: 30 38. Subtract, to the extent not otherwise excluded, the 31 amount of withdrawals from qualified retirement plan accounts 32 made during the tax year if the taxpayer or taxpayer’s spouse 33 is a member of the Iowa national guard or reserve forces of the 34 United States who is ordered to state military service national 35 -13- LSB 5317DP (14) 84 aw/sc 13/ 16
S.F. _____ H.F. _____ guard duty or federal service or active duty. In addition, 1 a penalty for such withdrawals shall not be assessed by the 2 state. 3 Sec. 38. Section 483A.24, subsection 14, Code Supplement 4 2011, is amended to read as follows: 5 14. Upon payment of the fee of five dollars for a lifetime 6 fishing license or lifetime hunting and fishing combined 7 license, the department shall issue a lifetime fishing license 8 or lifetime hunting and fishing combined license to a resident 9 of Iowa who has served in the armed forces of the United States 10 on active federal service active duty and who was disabled or 11 was a prisoner of war during that veteran’s military service. 12 The department shall prepare an application to be used by 13 a person requesting a lifetime fishing license or lifetime 14 hunting and fishing combined license under this subsection . 15 The department of veterans affairs shall assist the department 16 in verifying the status or claims of applicants under this 17 subsection . As used in this subsection , “disabled” means 18 entitled to a service connected rating under 38 U.S.C. ch. 11. 19 Sec. 39. Section 654.1A, Code 2011, is amended to read as 20 follows: 21 654.1A Maintenance of mortgagor protections —— 22 discontinuation of occupation. 23 For purposes of sections 615.1 , 615.3 , 628.28 , 654.2D , 24 654.20 , 654.21 , and 654.26 , property shall be deemed the 25 residence of and occupied by the mortgagor where occupation 26 has ceased because of the effects of natural disaster, injury 27 to the property not willfully caused by the mortgagor, or the 28 mortgagor’s state military service national guard duty or 29 federal military service active duty as those terms are defined 30 in section 29A.1 . 31 Sec. 40. Section 724.7, subsection 2, Code Supplement 2011, 32 is amended to read as follows: 33 2. The commissioner of public safety shall develop a process 34 to allow service members deployed for military service to 35 -14- LSB 5317DP (14) 84 aw/sc 14/ 16
S.F. _____ H.F. _____ submit a renewal of a nonprofessional permit to carry weapons 1 early and by mail. In addition, a permit issued to a service 2 member who is deployed for military service, as defined in 3 section 29A.1, subsection 3 , 7A, or 11 , or 12 , that would 4 otherwise expire during the period of deployment shall remain 5 valid for ninety days after the end of the service member’s 6 deployment. 7 Sec. 41. 2011 Iowa Acts, chapter 127, section 2, is amended 8 by adding the following new subsection: 9 NEW SUBSECTION . 5. This section shall not apply to leases 10 entered into by the department of public defense or the armory 11 board. 12 Sec. 42. MILITARY OCCUPATIONAL SPECIALTIES AND PROFESSIONAL 13 CERTIFICATIONS STUDY COMMITTEE. 14 1. The legislative council is requested to establish 15 a military occupational specialties and professional 16 certifications study committee. The study committee shall 17 assess the feasibility of allowing military occupational 18 specialties to be counted toward professional certifications or 19 other certifications required in Iowa for certain occupations, 20 and shall recommend legislative or administrative rule changes 21 relating to such requirements. 22 2. The study committee shall meet during the 2012 23 legislative interim. The study committee shall submit a report 24 and recommendations to the general assembly by January 1, 2013. 25 Sec. 43. EFFECTIVE UPON ENACTMENT. The following 26 provision or provisions of this Act, being deemed of immediate 27 importance, take effect upon enactment: 28 1. The section of this Act amending section 29A.90, 29 subsection 3. 30 EXPLANATION 31 This bill relates to the department of public defense. The 32 bill exempts the department of public defense and the armory 33 board from the requirement that all state property leases be 34 administered by the department of administrative services. 35 -15- LSB 5317DP (14) 84 aw/sc 15/ 16
S.F. _____ H.F. _____ The bill changes the term “federal service” in Code section 1 29A.1, subsection 3, to “federal active duty” and defines the 2 term to conform more closely to the definition found in 10 3 U.S.C. § 101. The bill makes conforming changes throughout the 4 Code. 5 The bill changes the term “state military service” to 6 “national guard duty” and defines the term to mean training or 7 other duty in accordance with 32 U.S.C. in the national guard 8 that is paid for with federal funds. The term includes but is 9 not limited to full-time national guard duty, inactive duty 10 training, and annual training. 11 The bill provides that the quartermaster shall be 12 responsible for all state military facilities, in addition 13 to state military property. The bill also strikes 14 reporting requirements and bond requirements relating to the 15 quartermaster. 16 The bill amends the definition of “military service”, 17 relating to suspension or postponement of the performance of 18 certain civil obligations while a person is engaged in military 19 service, by reducing the period of duty required from 90 20 days to 30 days. This section of the bill takes effect upon 21 enactment. 22 The bill requests that the legislative council appoint an 23 interim study committee to assess the feasibility of allowing 24 military occupational specialty training to qualify toward 25 professional or other certifications required in Iowa for 26 certain occupations and to recommend legislative or regulatory 27 changes to implement that. 28 -16- LSB 5317DP (14) 84 aw/sc 16/ 16