House File 200 - Introduced HOUSE FILE 200 BY COMMITTEE ON VETERANS AFFAIRS (SUCCESSOR TO HSB 43) A BILL FOR An Act relating to the military code and duty performed by a 1 member of the United States coast guard. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1759HV (1) 89 dg/rn
H.F. 200 Section 1. Section 29A.1, subsection 3, Code 2021, is 1 amended to read as follows: 2 3. “Federal active duty” means full-time duty in the active 3 military service of the United States authorized and performed 4 under the provisions of Tit. 10 of the United States Code or 5 full-time duty performed in the United States coast guard under 6 the provisions of Tit. 14 of the United States Code . 7 Sec. 2. Section 29A.28, subsection 1, paragraph a, Code 8 2021, is amended to read as follows: 9 a. All officers and employees of the state, a subdivision 10 thereof, or a municipality, other than employees employed 11 temporarily for six months or less, who are members of the 12 national guard, organized reserves or any component part of the 13 military, naval, or air , or space forces , or nurse corps of 14 this state or nation, or who are or may be otherwise inducted 15 into the military service of this state or of the United 16 States, or who are members of the civil air patrol, or who are 17 regular, reserve, or auxiliary members of the United States 18 coast guard, shall, when ordered by proper authority to state 19 active duty, national guard duty, or federal active duty, or 20 when performing a civil air patrol mission pursuant to section 21 29A.3A , be entitled to a leave of absence from such civil 22 employment for the period of state active duty, national guard 23 duty, federal active duty, or civil air patrol duty without 24 loss of status or efficiency rating, and without loss of pay 25 during the first thirty days of such leave of absence. 26 Sec. 3. Section 29A.43, subsections 1 and 2, Code 2021, are 27 amended to read as follows: 28 1. A person shall not discriminate against any officer or 29 enlisted person of the national guard or organized reserves of 30 the armed forces of the United States , any regular, reserve, 31 or auxiliary member of the United States coast guard, or any 32 member of the civil air patrol because of that membership. An 33 employer, or agent of an employer, shall not discharge a person 34 from employment because of being an officer or enlisted person 35 -1- LSB 1759HV (1) 89 dg/rn 1/ 4
H.F. 200 of the military forces of the state , a regular, reserve, or 1 auxiliary member of the United States coast guard, or member 2 of the civil air patrol, or hinder or prevent the officer or 3 enlisted person , a regular, reserve, or auxiliary member of the 4 United States coast guard, or member of the civil air patrol 5 from performing any military service or civil air patrol duty 6 the person is called upon to perform by proper authority. A 7 member of the national guard or organized reserves of the 8 armed forces of the United States , or a regular, reserve, or 9 auxiliary member of the United States coast guard, ordered 10 to temporary duty or service, as defined in section 29A.1, 11 subsection 3, 8, or 12 , or a member of the civil air patrol 12 performing duty pursuant to section 29A.3A , for any purpose 13 is entitled to a leave of absence during the period of the 14 duty or service, from the member’s private employment unless 15 the employment is of a temporary nature. Upon completion of 16 the duty or service, the employer shall restore the person 17 to the position held prior to the leave of absence or employ 18 the person in a position of like seniority, status, and pay. 19 However, the person shall give evidence to the employer of 20 satisfactory completion of the duty or service, and that 21 the person is still qualified to perform the duties of the 22 position. The period of absence shall be construed as an 23 absence with leave, and shall in no way affect the employee’s 24 rights to vacation, sick leave, bonus, or other employment 25 benefits relating to the employee’s particular employment. 26 2. An officer or enlisted person of the national guard or 27 organized reserves of the armed forces of the United States , or 28 any regular, reserve, or auxiliary member of the United States 29 coast guard, who is insured as a dependent under a group policy 30 for accident or health insurance as a full-time student less 31 than twenty-five years of age, whose coverage under the group 32 policy would otherwise terminate while the officer or enlisted 33 person was on a leave of absence during a period of temporary 34 duty or service, as defined for members of the national guard 35 -2- LSB 1759HV (1) 89 dg/rn 2/ 4
H.F. 200 in section 29A.1, subsection 3, 8, or 12 , or as a member of 1 the organized reserves called to active duty from a reserve 2 component status , or as a regular, reserve, or auxiliary 3 member of the United States coast guard , shall be considered 4 to have been continuously insured under the group policy for 5 the purpose of returning to the insured dependent status as 6 a full-time student who is less than twenty-five years of 7 age. This subsection does not apply to coverage of an injury 8 suffered or a disease contracted by a member of the national 9 guard or organized reserves of the armed forces of the United 10 States in the line of duty. 11 Sec. 4. Section 96.7, subsection 2, paragraph a, 12 subparagraph (2), subparagraph division (e), Code 2021, is 13 amended by adding the following new subparagraph subdivision: 14 NEW SUBPARAGRAPH SUBDIVISION . (iii) A regular, reserve, or 15 auxiliary member of the United States coast guard performing 16 duty as defined in section 29A.1, subsection 3, 8, or 12, who 17 has completed the duty as evidenced in accordance with section 18 29A.43. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill generally concerns regular, reserve, and auxiliary 23 members of the United States coast guard. 24 Code section 29A.1, concerning definitions for purposes of 25 the military code, is amended to provide that federal active 26 duty includes full-time duty performed in the United States 27 coast guard. 28 Code section 29A.28, concerning leaves of absence for public 29 employees ordered to certain military duty, is amended to 30 provide that the requirement to provide a leave of absence for 31 such duty also applies to members of the space force and to 32 regular, reserve, or auxiliary members of the United States 33 coast guard when called to military duty. 34 Code section 29A.43, concerning certain prohibitions related 35 -3- LSB 1759HV (1) 89 dg/rn 3/ 4
H.F. 200 to military service and military duty, is amended to provide 1 that the prohibitions also apply to regular, reserve, or 2 auxiliary members of the United States coast guard when called 3 to military duty. Specifically, the Code section prohibits 4 any discrimination against a person because of their military 5 service and prohibits employers from discharging a person from 6 employment, or failing to reinstate a person to employment, for 7 leaves of absence related to military duty. The Code section 8 also prohibits terminating coverage under a group health 9 insurance policy for a leave of absence for military duty. 10 Code section 96.7, concerning employer contributions and 11 reimbursement related to unemployment compensation is amended 12 to provide that the account of an employer shall not be charged 13 with benefits paid to an individual who is laid off if the 14 benefits are paid as the result of the return to work of a 15 permanent employee who is a regular, reserve, or auxiliary 16 member of the United States coast guard performing military 17 duty and who has completed the duty as evidenced in accordance 18 with Code section 29A.43. 19 -4- LSB 1759HV (1) 89 dg/rn 4/ 4