HF 2462 (LSB 6583YH (4) 91)

HOUSE FILE 2462

BY  TUREK and SHIPLEY

A BILL FOR

An Act relating to circumstances necessary prior to deployment of state military units.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 29A.53, Code 2026, is amended by adding the following new subsections:
   NEW SUBSECTION.  4.  Notwithstanding any other provision of the Code, the army national guard, the air national guard, or the civil air patrol shall not be released from this state into active combat or into hazardous service relating to an armed conflict in a foreign state pursuant to Article I, section 8, clause 15, of the Constitution of the United States, unless the United States has officially declared war for the express purpose of repelling an invasion, suppressing an insurrection, or executing the laws of the United States.
   NEW SUBSECTION.  5.  The governor shall not send the army national guard, the air national guard, or the civil air patrol into service in another state without the consent of the governor of that state.
   NEW SUBSECTION.  6.  This section shall not be construed to limit the authority of the governor to consent to the deployment of troops pursuant to Tit. 32 of the United States Code.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits the army national guard, the air national guard, or the civil air patrol from being released from this state into active combat or into hazardous service relating to an armed conflict in a foreign state unless the United States has officially declared war for the express purpose of repelling an invasion, suppressing an insurrection, or executing the laws of the United States. The bill also prohibits the governor from sending those units into service in another state without the consent of the governor of that state. The bill provides that Code section 29A.53 (call by president of U.S.) does not limit the authority of the governor to consent to the deployment of troops for defense support of civil authorities.