HSB 587 (LSB 5342XD (5) 87)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF PUBLIC DEFENSE BILL)

A BILL FOR

An Act relating to the national guard, by authorizing a morale, welfare, and recreation activity and establishing procedures concerning notification of civilian authorities regarding certain criminal offenses committed by members of the national guard. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  29A.12A  Morale, welfare, and recreation activity.
   1.  The adjutant general may establish a morale, welfare, and recreation activity in the department of public defense, for the purposes of supporting the readiness and resilience of members of the national guard. The adjutant general shall prescribe regulations governing the operation of the morale, welfare, and recreation activity. 
   2.  An obligation created under this section shall not be a charge against the state of Iowa and all obligations of the activity shall be paid from the operations of the activity. 
   3.  There is no liability to the state of Iowa under this section. Members of the governing body of the activity shall not be held to any personal or individual liability for any action taken by them under this chapter.
    Sec. 2.  Section 29B.116A, subsection 2, paragraph a, Code 2018, is amended to read as follows:
   a.  A commander, who is made aware of an allegation that an offense under subsection 1, paragraph “a” or “b”, has been committed by a member of the state military forces against another member of the state military forces while both are subject to this code, shall notify local, without delay, the civilian law enforcement authorities without delay agency having primary jurisdiction over the alleged offense.  Upon notification, the agency shall promptly assign a case number to the allegation and shall share with the national guard the results of any investigation or inform the national guard of the reasons for not conducting an investigation.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill concerns the national guard. 
   New Code section 29A.12A authorizes the adjutant general of the national guard to create a morale, welfare, and recreation activity to support the readiness and resilience of members of the national guard. The activity would operate under regulations of the adjutant general and be self-funding. The bill further provides that obligations of the activity would not be a charge against the state nor would liability attach to the state or to members of the operating body of the activity.
   Code section 29B.116A, relating to notification of civilian authorities for certain criminal offenses committed by a member of the national guard, is amended. The bill provides that a commander made aware that a civilian criminal offense was alleged to have been committed by one member of the national guard against another member of the national guard shall notify the civilian law enforcement agency having primary jurisdiction over the offense. The bill then requires the civilian law enforcement agency to assign a case number to the allegation and to share the results of the investigation with the national guard or to inform the national guard of the reasons that no investigation was conducted.