House
Study
Bill
587
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
PUBLIC
DEFENSE
BILL)
A
BILL
FOR
An
Act
relating
to
the
national
guard,
by
authorizing
a
morale,
1
welfare,
and
recreation
activity
and
establishing
procedures
2
concerning
notification
of
civilian
authorities
regarding
3
certain
criminal
offenses
committed
by
members
of
the
4
national
guard.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
NEW
SECTION
.
29A.12A
Morale,
welfare,
and
1
recreation
activity.
2
1.
The
adjutant
general
may
establish
a
morale,
welfare,
3
and
recreation
activity
in
the
department
of
public
defense,
4
for
the
purposes
of
supporting
the
readiness
and
resilience
5
of
members
of
the
national
guard.
The
adjutant
general
shall
6
prescribe
regulations
governing
the
operation
of
the
morale,
7
welfare,
and
recreation
activity.
8
2.
An
obligation
created
under
this
section
shall
not
be
9
a
charge
against
the
state
of
Iowa
and
all
obligations
of
the
10
activity
shall
be
paid
from
the
operations
of
the
activity.
11
3.
There
is
no
liability
to
the
state
of
Iowa
under
this
12
section.
Members
of
the
governing
body
of
the
activity
shall
13
not
be
held
to
any
personal
or
individual
liability
for
any
14
action
taken
by
them
under
this
chapter.
15
Sec.
2.
Section
29B.116A,
subsection
2,
paragraph
a,
Code
16
2018,
is
amended
to
read
as
follows:
17
a.
A
commander,
who
is
made
aware
of
an
allegation
that
18
an
offense
under
subsection
1
,
paragraph
“a”
or
“b”
,
has
been
19
committed
by
a
member
of
the
state
military
forces
against
20
another
member
of
the
state
military
forces
while
both
are
21
subject
to
this
code,
shall
notify
local
,
without
delay,
the
22
civilian
law
enforcement
authorities
without
delay
agency
23
having
primary
jurisdiction
over
the
alleged
offense
.
Upon
24
notification,
the
agency
shall
promptly
assign
a
case
number
25
to
the
allegation
and
shall
share
with
the
national
guard
the
26
results
of
any
investigation
or
inform
the
national
guard
of
27
the
reasons
for
not
conducting
an
investigation.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
concerns
the
national
guard.
32
New
Code
section
29A.12A
authorizes
the
adjutant
general
of
33
the
national
guard
to
create
a
morale,
welfare,
and
recreation
34
activity
to
support
the
readiness
and
resilience
of
members
35
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of
the
national
guard.
The
activity
would
operate
under
1
regulations
of
the
adjutant
general
and
be
self-funding.
The
2
bill
further
provides
that
obligations
of
the
activity
would
3
not
be
a
charge
against
the
state
nor
would
liability
attach
to
4
the
state
or
to
members
of
the
operating
body
of
the
activity.
5
Code
section
29B.116A,
relating
to
notification
of
civilian
6
authorities
for
certain
criminal
offenses
committed
by
a
member
7
of
the
national
guard,
is
amended.
The
bill
provides
that
8
a
commander
made
aware
that
a
civilian
criminal
offense
was
9
alleged
to
have
been
committed
by
one
member
of
the
national
10
guard
against
another
member
of
the
national
guard
shall
notify
11
the
civilian
law
enforcement
agency
having
primary
jurisdiction
12
over
the
offense.
The
bill
then
requires
the
civilian
law
13
enforcement
agency
to
assign
a
case
number
to
the
allegation
14
and
to
share
the
results
of
the
investigation
with
the
national
15
guard
or
to
inform
the
national
guard
of
the
reasons
that
no
16
investigation
was
conducted.
17
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