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Senate Study Bill 3083 - IntroducedA Bill ForAn Act 1relating to the national guard of the state concerning
2armory board leases, persons subject to the code of military
3justice, and scholarship and loan repayment programs.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 29A.58, subsection 1, Code 2020, is
2amended to read as follows:
31. The armory board as lessee may lease property to be
4used for armory purposes and other training of the national
5guard. Leases may be made for any term not to exceed twenty
6 thirty years. Rents under such leases shall be paid from funds
7appropriated for the support and maintenance of the national
8guard.
9 Sec. 2. Section 29B.1, subsection 1, Code 2020, is amended
10by striking the subsection and inserting in lieu thereof the
11following:
121. A person shall not be punished for an offense under this
13chapter unless the person is a member of the military forces of
14the state and any of the following applies:
15a. The person is on national guard duty or state active
16duty, including between consecutive drill periods which are
17less than twenty-four hours apart. For purposes of this
18paragraph, a member of the state military forces is on national
19guard duty or state active duty during travel to or from the
20member’s duty location.
21b. (1) The person is not on national guard duty or
22state active duty but a nexus exists between the offense
23and the military forces of the state. Only a commanding
24officer holding a position in the grade of 0-6 and above may
25impose nonjudicial punishment for an offense subject to this
26paragraph.
27(2) For purposes of this paragraph, the military forces
28of the state shall have the burden to show the existence of a
29nexus by a preponderance of the evidence and the term nexus
30shall be liberally construed in favor of finding the existence
31of a nexus.
32 Sec. 3. Section 261.86, subsection 6, Code 2020, is amended
33to read as follows:
346. a. Notwithstanding section 8.33, funds appropriated
35for purposes of this section which remain unencumbered or
-1-1unobligated at the close of the fiscal year for which the funds
2were appropriated shall not revert but shall be available for
3expenditure for the following fiscal year upon the authority of
4the adjutant general for purposes of this section and section
5261.86A.
6b. The adjutant general shall submit a report to the
7governor and the general assembly by December 31 of each
8year listing the science, technology, engineering, and
9mathematics-related career fields the adjutant general plans to
10focus on in providing educational incentives under this section
11and section 261.86A using funds available under this subsection
12for that fiscal year.
13 Sec. 4. NEW SECTION. 261.86A National guard STEM-related
14recruitment and retention incentive programs.
151. a. The adjutant general has the authority under this
16section to authorize the expenditure of unencumbered or
17unobligated funds as described in section 261.86, subsection
186, to recruit or retain individuals who have completed or are
19pursuing training in science, technology, engineering, and
20mathematics-related military occupational specialties or air
21force specialty codes by issuing awards through a national
22guard student loan repayment program in accordance with
23subsection 2 or by providing a scholarship award to an eligible
24member of the national guard who is enrolled at an institution
25defined in section 261.86, subsection 1, paragraph “d”, in a
26master’s degree program that is in compliance with the federal
27Edith Nourse Rogers STEM scholarship program established
28under 38 U.S.C.§3320 in accordance with the requirements of
29subsection 3.
30b. The adjutant general can offer a recruitment or retention
31incentive as authorized by this section in either the military
32entrance process or within the final year of the service
33member’s initial contract obligation pending the service member
34signing a six-year extension. A recipient of a recruitment or
35retention incentive pursuant to this section will need to hold
-2-1civilian employment in an eligible service commitment area as
2defined by the college student aid commission.
32. a. A national guard student loan repayment program
4is established to be administered by the college student aid
5commission. Funds for loan repayment awards under the program
6shall be expended upon the authority of the adjutant general.
7b. An individual is eligible for a loan repayment award
8under this subsection if the individual meets all of the
9following conditions:
10(1) Is a resident of the state and a member of an Iowa
11army or air national guard unit while receiving loan repayment
12awards issued pursuant to this subsection.
13(2) Satisfactorily completed required initial active duty
14training.
15(3) Maintains satisfactory performance of duty upon return
16from initial active duty training, including attending a
17minimum ninety percent of scheduled drill dates and attending
18annual training.
19c. An applicant for an award under this subsection shall, in
20accordance with the rules promulgated by the college student
21aid commission, do all of the following:
22(1) Complete and file an application for national guard
23student loan repayment. The individual shall be responsible
24for the prompt submission of any information required by the
25national guard and the college student aid commission.
26(2) File a new application and submit information as
27required by the national guard and the college student aid
28commission annually on the basis of which the applicant’s
29eligibility for the renewed loan repayment will be evaluated
30and determined.
31(3) Complete and return on a form approved by the national
32guard and the college student aid commission an affidavit of
33practice verifying that the applicant holds civilian employment
34in an eligible service commitment area. Loan repayment
35awards under this subsection will only be made after annual
-3-1verification that the individual meets the criteria of this
2subparagraph.
3d. The annual amount of an award to an applicant under
4this subsection shall not exceed five thousand dollars or one
5hundred percent of the applicant’s total federally guaranteed
6Stafford loan amount under the federal family education loan
7program or the federal direct loan program, the applicant’s
8federal grad plus loans, or the applicant’s federal Perkins
9loans, including principal and interest, whichever is less. An
10applicant shall be eligible for a loan repayment award under
11this subsection for not more than six consecutive years.
123. An applicant for a master’s degree scholarship award as
13described in subsection 1 shall meet the criteria as provided
14in section 261.86, subsection 1, except that the applicant can
15be enrolled in a master’s degree program. The provisions of
16section 261.86, subsections 2, 4, and 5, shall also apply to
17scholarship awards made under this subsection. A scholarship
18award provided to a recipient enrolled in a master’s degree
19program under this subsection shall be limited to thirty-six,
20or equivalent, credit hours of graduate study.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill concerns the national guard of the state.
25Code section 29A.58, concerning the leasing of armories, is
26amended to provide that property may be leased to be used for
27armory purposes for any term not to exceed 30 instead of 20
28years.
29Code section 29B.1, concerning persons subject to the Iowa
30code of military justice, is amended to provide that a person
31shall not be punished for an offense under the code unless the
32person is a member of the military forces of the state and
33the person is on national guard duty or state active duty,
34including between consecutive drill periods which are less than
3524 hours apart, or the person is not on national guard duty or
-4-1state active duty but a nexus exists between the offense and
2the military forces of the state. Current law provides that
3the code applies to all members of the state military forces
4performing national guard duty or state active duty and to all
5members of the state military forces who commit an offense
6during travel to or from the member’s duty location or during
7intervals between consecutive periods of duty on the same day
8or on consecutive days in which the victim of the offense is
9another member of the state military forces. For purposes of
10applying the code based on a nexus between the offense and the
11military forces of the state, the bill provides that only a
12commanding officer holding a position in the grade of 0-6 and
13above may impose nonjudicial punishment for an offense and the
14military forces of the state shall have the burden to show the
15existence of a nexus by a preponderance of the evidence.
16Code section 261.86, concerning national guard service
17scholarship programs, is amended. The bill authorizes the
18adjutant general to expend appropriated funds which remain
19unencumbered or unobligated at the close of a fiscal year in
20the following fiscal year for purposes of Code section 261.86
21and for purposes of recruitment and retention programs as
22provided in new Code section 261.86A, created in the bill. The
23Code section is further amended to require the adjutant general
24to submit a report to the governor and the general assembly
25by December 31 of each year listing the science, technology,
26engineering, and mathematics-related career fields the adjutant
27general plans to focus on in providing educational incentives
28using funds available for that fiscal year.
29New Code section 261.86A establishes two recruitment
30and incentive programs to recruit or retain individuals
31who have completed or are pursuing training in science,
32technology, engineering, and mathematics-related military
33occupational specialties or air force specialty codes. The
34bill authorizes the adjutant general to expend unencumbered
35or unobligated funds as described in Code section 261.86,
-5-1subsection 6, to recruit or retain individuals by offering
2either a student loan repayment program or a master’s degree
3scholarship award program that is in compliance with the
4federal Edith Nourse Rogers STEM scholarship program. The bill
5establishes a national guard student loan repayment program
6to be administered by the college student aid commission and
7establishes requirements for applicants and for loan repayment
8awards. The bill also establishes requirements for the
9master’s degree scholarship program.
-6-ec/rn
2armory board leases, persons subject to the code of military
3justice, and scholarship and loan repayment programs.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 29A.58, subsection 1, Code 2020, is
2amended to read as follows:
31. The armory board as lessee may lease property to be
4used for armory purposes and other training of the national
5guard. Leases may be made for any term not to exceed twenty
6 thirty years. Rents under such leases shall be paid from funds
7appropriated for the support and maintenance of the national
8guard.
9 Sec. 2. Section 29B.1, subsection 1, Code 2020, is amended
10by striking the subsection and inserting in lieu thereof the
11following:
121. A person shall not be punished for an offense under this
13chapter unless the person is a member of the military forces of
14the state and any of the following applies:
15a. The person is on national guard duty or state active
16duty, including between consecutive drill periods which are
17less than twenty-four hours apart. For purposes of this
18paragraph, a member of the state military forces is on national
19guard duty or state active duty during travel to or from the
20member’s duty location.
21b. (1) The person is not on national guard duty or
22state active duty but a nexus exists between the offense
23and the military forces of the state. Only a commanding
24officer holding a position in the grade of 0-6 and above may
25impose nonjudicial punishment for an offense subject to this
26paragraph.
27(2) For purposes of this paragraph, the military forces
28of the state shall have the burden to show the existence of a
29nexus by a preponderance of the evidence and the term nexus
30shall be liberally construed in favor of finding the existence
31of a nexus.
32 Sec. 3. Section 261.86, subsection 6, Code 2020, is amended
33to read as follows:
346. a. Notwithstanding section 8.33, funds appropriated
35for purposes of this section which remain unencumbered or
-1-1unobligated at the close of the fiscal year for which the funds
2were appropriated shall not revert but shall be available for
3expenditure for the following fiscal year upon the authority of
4the adjutant general for purposes of this section and section
5261.86A.
6b. The adjutant general shall submit a report to the
7governor and the general assembly by December 31 of each
8year listing the science, technology, engineering, and
9mathematics-related career fields the adjutant general plans to
10focus on in providing educational incentives under this section
11and section 261.86A using funds available under this subsection
12for that fiscal year.
13 Sec. 4. NEW SECTION. 261.86A National guard STEM-related
14recruitment and retention incentive programs.
151. a. The adjutant general has the authority under this
16section to authorize the expenditure of unencumbered or
17unobligated funds as described in section 261.86, subsection
186, to recruit or retain individuals who have completed or are
19pursuing training in science, technology, engineering, and
20mathematics-related military occupational specialties or air
21force specialty codes by issuing awards through a national
22guard student loan repayment program in accordance with
23subsection 2 or by providing a scholarship award to an eligible
24member of the national guard who is enrolled at an institution
25defined in section 261.86, subsection 1, paragraph “d”, in a
26master’s degree program that is in compliance with the federal
27Edith Nourse Rogers STEM scholarship program established
28under 38 U.S.C.§3320 in accordance with the requirements of
29subsection 3.
30b. The adjutant general can offer a recruitment or retention
31incentive as authorized by this section in either the military
32entrance process or within the final year of the service
33member’s initial contract obligation pending the service member
34signing a six-year extension. A recipient of a recruitment or
35retention incentive pursuant to this section will need to hold
-2-1civilian employment in an eligible service commitment area as
2defined by the college student aid commission.
32. a. A national guard student loan repayment program
4is established to be administered by the college student aid
5commission. Funds for loan repayment awards under the program
6shall be expended upon the authority of the adjutant general.
7b. An individual is eligible for a loan repayment award
8under this subsection if the individual meets all of the
9following conditions:
10(1) Is a resident of the state and a member of an Iowa
11army or air national guard unit while receiving loan repayment
12awards issued pursuant to this subsection.
13(2) Satisfactorily completed required initial active duty
14training.
15(3) Maintains satisfactory performance of duty upon return
16from initial active duty training, including attending a
17minimum ninety percent of scheduled drill dates and attending
18annual training.
19c. An applicant for an award under this subsection shall, in
20accordance with the rules promulgated by the college student
21aid commission, do all of the following:
22(1) Complete and file an application for national guard
23student loan repayment. The individual shall be responsible
24for the prompt submission of any information required by the
25national guard and the college student aid commission.
26(2) File a new application and submit information as
27required by the national guard and the college student aid
28commission annually on the basis of which the applicant’s
29eligibility for the renewed loan repayment will be evaluated
30and determined.
31(3) Complete and return on a form approved by the national
32guard and the college student aid commission an affidavit of
33practice verifying that the applicant holds civilian employment
34in an eligible service commitment area. Loan repayment
35awards under this subsection will only be made after annual
-3-1verification that the individual meets the criteria of this
2subparagraph.
3d. The annual amount of an award to an applicant under
4this subsection shall not exceed five thousand dollars or one
5hundred percent of the applicant’s total federally guaranteed
6Stafford loan amount under the federal family education loan
7program or the federal direct loan program, the applicant’s
8federal grad plus loans, or the applicant’s federal Perkins
9loans, including principal and interest, whichever is less. An
10applicant shall be eligible for a loan repayment award under
11this subsection for not more than six consecutive years.
123. An applicant for a master’s degree scholarship award as
13described in subsection 1 shall meet the criteria as provided
14in section 261.86, subsection 1, except that the applicant can
15be enrolled in a master’s degree program. The provisions of
16section 261.86, subsections 2, 4, and 5, shall also apply to
17scholarship awards made under this subsection. A scholarship
18award provided to a recipient enrolled in a master’s degree
19program under this subsection shall be limited to thirty-six,
20or equivalent, credit hours of graduate study.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill concerns the national guard of the state.
25Code section 29A.58, concerning the leasing of armories, is
26amended to provide that property may be leased to be used for
27armory purposes for any term not to exceed 30 instead of 20
28years.
29Code section 29B.1, concerning persons subject to the Iowa
30code of military justice, is amended to provide that a person
31shall not be punished for an offense under the code unless the
32person is a member of the military forces of the state and
33the person is on national guard duty or state active duty,
34including between consecutive drill periods which are less than
3524 hours apart, or the person is not on national guard duty or
-4-1state active duty but a nexus exists between the offense and
2the military forces of the state. Current law provides that
3the code applies to all members of the state military forces
4performing national guard duty or state active duty and to all
5members of the state military forces who commit an offense
6during travel to or from the member’s duty location or during
7intervals between consecutive periods of duty on the same day
8or on consecutive days in which the victim of the offense is
9another member of the state military forces. For purposes of
10applying the code based on a nexus between the offense and the
11military forces of the state, the bill provides that only a
12commanding officer holding a position in the grade of 0-6 and
13above may impose nonjudicial punishment for an offense and the
14military forces of the state shall have the burden to show the
15existence of a nexus by a preponderance of the evidence.
16Code section 261.86, concerning national guard service
17scholarship programs, is amended. The bill authorizes the
18adjutant general to expend appropriated funds which remain
19unencumbered or unobligated at the close of a fiscal year in
20the following fiscal year for purposes of Code section 261.86
21and for purposes of recruitment and retention programs as
22provided in new Code section 261.86A, created in the bill. The
23Code section is further amended to require the adjutant general
24to submit a report to the governor and the general assembly
25by December 31 of each year listing the science, technology,
26engineering, and mathematics-related career fields the adjutant
27general plans to focus on in providing educational incentives
28using funds available for that fiscal year.
29New Code section 261.86A establishes two recruitment
30and incentive programs to recruit or retain individuals
31who have completed or are pursuing training in science,
32technology, engineering, and mathematics-related military
33occupational specialties or air force specialty codes. The
34bill authorizes the adjutant general to expend unencumbered
35or unobligated funds as described in Code section 261.86,
-5-1subsection 6, to recruit or retain individuals by offering
2either a student loan repayment program or a master’s degree
3scholarship award program that is in compliance with the
4federal Edith Nourse Rogers STEM scholarship program. The bill
5establishes a national guard student loan repayment program
6to be administered by the college student aid commission and
7establishes requirements for applicants and for loan repayment
8awards. The bill also establishes requirements for the
9master’s degree scholarship program.
-6-ec/rn