Senate Study Bill 3052 - 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 TLSB 5342XD (5) 87 ec/rh
S.F. _____ H.F. _____ 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 -1- LSB 5342XD (5) 87 ec/rh 1/ 2
S.F. _____ H.F. _____ 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 -2- LSB 5342XD (5) 87 ec/rh 2/ 2