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:
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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
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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).
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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
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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
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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
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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
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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
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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
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_____
H.F.
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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
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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
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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
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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
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_____
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
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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
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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.
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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.
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