House File 2313 - Reprinted HOUSE FILE 2313 BY COMMITTEE ON VETERANS AFFAIRS (SUCCESSOR TO HSB 548) (As Amended and Passed by the House February 25, 2020 ) 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 HF 2313 (2) 88 ec/rn/md
H.F. 2313 Section 1. Section 29A.1, subsection 3, Code 2020, 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 2020, 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 2020, 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- HF 2313 (2) 88 ec/rn/md 1/ 3
H.F. 2313 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- HF 2313 (2) 88 ec/rn/md 2/ 3
H.F. 2313 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 2020, 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 -3- HF 2313 (2) 88 ec/rn/md 3/ 3