Bill Text: IA HSB626 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the national guard of the state concerning armory board leases, persons subject to the code of military justice, and scholarship and loan repayment programs.
Spectrum: Committee Bill
Status: (N/A - Dead) 2020-02-18 - Committee report, recommending passage. H.J. 299. [HSB626 Detail]
Download: Iowa-2019-HSB626-Introduced.html
House
Study
Bill
626
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
PUBLIC
DEFENSE
BILL)
A
BILL
FOR
An
Act
relating
to
the
national
guard
of
the
state
concerning
1
armory
board
leases,
persons
subject
to
the
code
of
military
2
justice,
and
scholarship
and
loan
repayment
programs.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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H.F.
_____
Section
1.
Section
29A.58,
subsection
1,
Code
2020,
is
1
amended
to
read
as
follows:
2
1.
The
armory
board
as
lessee
may
lease
property
to
be
3
used
for
armory
purposes
and
other
training
of
the
national
4
guard.
Leases
may
be
made
for
any
term
not
to
exceed
twenty
5
thirty
years.
Rents
under
such
leases
shall
be
paid
from
funds
6
appropriated
for
the
support
and
maintenance
of
the
national
7
guard.
8
Sec.
2.
Section
29B.1,
subsection
1,
Code
2020,
is
amended
9
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
10
following:
11
1.
A
person
shall
not
be
punished
for
an
offense
under
this
12
chapter
unless
the
person
is
a
member
of
the
military
forces
of
13
the
state
and
any
of
the
following
applies:
14
a.
The
person
is
on
national
guard
duty
or
state
active
15
duty,
including
between
consecutive
drill
periods
which
are
16
less
than
twenty-four
hours
apart.
For
purposes
of
this
17
paragraph,
a
member
of
the
state
military
forces
is
on
national
18
guard
duty
or
state
active
duty
during
travel
to
or
from
the
19
member’s
duty
location.
20
b.
(1)
The
person
is
not
on
national
guard
duty
or
21
state
active
duty
but
a
nexus
exists
between
the
offense
22
and
the
military
forces
of
the
state.
Only
a
commanding
23
officer
holding
a
position
in
the
grade
of
0-6
and
above
may
24
impose
nonjudicial
punishment
for
an
offense
subject
to
this
25
paragraph.
26
(2)
For
purposes
of
this
paragraph,
the
military
forces
27
of
the
state
shall
have
the
burden
to
show
the
existence
of
a
28
nexus
by
a
preponderance
of
the
evidence
and
the
term
nexus
29
shall
be
liberally
construed
in
favor
of
finding
the
existence
30
of
a
nexus.
31
Sec.
3.
Section
261.86,
subsection
6,
Code
2020,
is
amended
32
to
read
as
follows:
33
6.
a.
Notwithstanding
section
8.33
,
funds
appropriated
34
for
purposes
of
this
section
which
remain
unencumbered
or
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unobligated
at
the
close
of
the
fiscal
year
for
which
the
funds
1
were
appropriated
shall
not
revert
but
shall
be
available
for
2
expenditure
for
the
following
fiscal
year
upon
the
authority
of
3
the
adjutant
general
for
purposes
of
this
section
and
section
4
261.86A
.
5
b.
The
adjutant
general
shall
submit
a
report
to
the
6
governor
and
the
general
assembly
by
December
31
of
each
7
year
listing
the
science,
technology,
engineering,
and
8
mathematics-related
career
fields
the
adjutant
general
plans
to
9
focus
on
in
providing
educational
incentives
under
this
section
10
and
section
261.86A
using
funds
available
under
this
subsection
11
for
that
fiscal
year.
12
Sec.
4.
NEW
SECTION
.
261.86A
National
guard
STEM-related
13
recruitment
and
retention
incentive
programs.
14
1.
a.
The
adjutant
general
has
the
authority
under
this
15
section
to
authorize
the
expenditure
of
unencumbered
or
16
unobligated
funds
as
described
in
section
261.86,
subsection
17
6,
to
recruit
or
retain
individuals
who
have
completed
or
are
18
pursuing
training
in
science,
technology,
engineering,
and
19
mathematics-related
military
occupational
specialties
or
air
20
force
specialty
codes
by
issuing
awards
through
a
national
21
guard
student
loan
repayment
program
in
accordance
with
22
subsection
2
or
by
providing
a
scholarship
award
to
an
eligible
23
member
of
the
national
guard
who
is
enrolled
at
an
institution
24
defined
in
section
261.86,
subsection
1,
paragraph
“d”
,
in
a
25
master’s
degree
program
that
is
in
compliance
with
the
federal
26
Edith
Nourse
Rogers
STEM
scholarship
program
established
27
under
38
U.S.C.
§3320
in
accordance
with
the
requirements
of
28
subsection
3.
29
b.
The
adjutant
general
can
offer
a
recruitment
or
retention
30
incentive
as
authorized
by
this
section
in
either
the
military
31
entrance
process
or
within
the
final
year
of
the
service
32
member’s
initial
contract
obligation
pending
the
service
member
33
signing
a
six-year
extension.
A
recipient
of
a
recruitment
or
34
retention
incentive
pursuant
to
this
section
will
need
to
hold
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civilian
employment
in
an
eligible
service
commitment
area
as
1
defined
by
the
college
student
aid
commission.
2
2.
a.
A
national
guard
student
loan
repayment
program
3
is
established
to
be
administered
by
the
college
student
aid
4
commission.
Funds
for
loan
repayment
awards
under
the
program
5
shall
be
expended
upon
the
authority
of
the
adjutant
general.
6
b.
An
individual
is
eligible
for
a
loan
repayment
award
7
under
this
subsection
if
the
individual
meets
all
of
the
8
following
conditions:
9
(1)
Is
a
resident
of
the
state
and
a
member
of
an
Iowa
10
army
or
air
national
guard
unit
while
receiving
loan
repayment
11
awards
issued
pursuant
to
this
subsection.
12
(2)
Satisfactorily
completed
required
initial
active
duty
13
training.
14
(3)
Maintains
satisfactory
performance
of
duty
upon
return
15
from
initial
active
duty
training,
including
attending
a
16
minimum
ninety
percent
of
scheduled
drill
dates
and
attending
17
annual
training.
18
c.
An
applicant
for
an
award
under
this
subsection
shall,
in
19
accordance
with
the
rules
promulgated
by
the
college
student
20
aid
commission,
do
all
of
the
following:
21
(1)
Complete
and
file
an
application
for
national
guard
22
student
loan
repayment.
The
individual
shall
be
responsible
23
for
the
prompt
submission
of
any
information
required
by
the
24
national
guard
and
the
college
student
aid
commission.
25
(2)
File
a
new
application
and
submit
information
as
26
required
by
the
national
guard
and
the
college
student
aid
27
commission
annually
on
the
basis
of
which
the
applicant’s
28
eligibility
for
the
renewed
loan
repayment
will
be
evaluated
29
and
determined.
30
(3)
Complete
and
return
on
a
form
approved
by
the
national
31
guard
and
the
college
student
aid
commission
an
affidavit
of
32
practice
verifying
that
the
applicant
holds
civilian
employment
33
in
an
eligible
service
commitment
area.
Loan
repayment
34
awards
under
this
subsection
will
only
be
made
after
annual
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verification
that
the
individual
meets
the
criteria
of
this
1
subparagraph.
2
d.
The
annual
amount
of
an
award
to
an
applicant
under
3
this
subsection
shall
not
exceed
five
thousand
dollars
or
one
4
hundred
percent
of
the
applicant’s
total
federally
guaranteed
5
Stafford
loan
amount
under
the
federal
family
education
loan
6
program
or
the
federal
direct
loan
program,
the
applicant’s
7
federal
grad
plus
loans,
or
the
applicant’s
federal
Perkins
8
loans,
including
principal
and
interest,
whichever
is
less.
An
9
applicant
shall
be
eligible
for
a
loan
repayment
award
under
10
this
subsection
for
not
more
than
six
consecutive
years.
11
3.
An
applicant
for
a
master’s
degree
scholarship
award
as
12
described
in
subsection
1
shall
meet
the
criteria
as
provided
13
in
section
261.86,
subsection
1,
except
that
the
applicant
can
14
be
enrolled
in
a
master’s
degree
program.
The
provisions
of
15
section
261.86,
subsections
2,
4,
and
5,
shall
also
apply
to
16
scholarship
awards
made
under
this
subsection.
A
scholarship
17
award
provided
to
a
recipient
enrolled
in
a
master’s
degree
18
program
under
this
subsection
shall
be
limited
to
thirty-six,
19
or
equivalent,
credit
hours
of
graduate
study.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
concerns
the
national
guard
of
the
state.
24
Code
section
29A.58,
concerning
the
leasing
of
armories,
is
25
amended
to
provide
that
property
may
be
leased
to
be
used
for
26
armory
purposes
for
any
term
not
to
exceed
30
instead
of
20
27
years.
28
Code
section
29B.1,
concerning
persons
subject
to
the
Iowa
29
code
of
military
justice,
is
amended
to
provide
that
a
person
30
shall
not
be
punished
for
an
offense
under
the
code
unless
the
31
person
is
a
member
of
the
military
forces
of
the
state
and
32
the
person
is
on
national
guard
duty
or
state
active
duty,
33
including
between
consecutive
drill
periods
which
are
less
than
34
24
hours
apart,
or
the
person
is
not
on
national
guard
duty
or
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state
active
duty
but
a
nexus
exists
between
the
offense
and
1
the
military
forces
of
the
state.
Current
law
provides
that
2
the
code
applies
to
all
members
of
the
state
military
forces
3
performing
national
guard
duty
or
state
active
duty
and
to
all
4
members
of
the
state
military
forces
who
commit
an
offense
5
during
travel
to
or
from
the
member’s
duty
location
or
during
6
intervals
between
consecutive
periods
of
duty
on
the
same
day
7
or
on
consecutive
days
in
which
the
victim
of
the
offense
is
8
another
member
of
the
state
military
forces.
For
purposes
of
9
applying
the
code
based
on
a
nexus
between
the
offense
and
the
10
military
forces
of
the
state,
the
bill
provides
that
only
a
11
commanding
officer
holding
a
position
in
the
grade
of
0-6
and
12
above
may
impose
nonjudicial
punishment
for
an
offense
and
the
13
military
forces
of
the
state
shall
have
the
burden
to
show
the
14
existence
of
a
nexus
by
a
preponderance
of
the
evidence.
15
Code
section
261.86,
concerning
national
guard
service
16
scholarship
programs,
is
amended.
The
bill
authorizes
the
17
adjutant
general
to
expend
appropriated
funds
which
remain
18
unencumbered
or
unobligated
at
the
close
of
a
fiscal
year
in
19
the
following
fiscal
year
for
purposes
of
Code
section
261.86
20
and
for
purposes
of
recruitment
and
retention
programs
as
21
provided
in
new
Code
section
261.86A,
created
in
the
bill.
The
22
Code
section
is
further
amended
to
require
the
adjutant
general
23
to
submit
a
report
to
the
governor
and
the
general
assembly
24
by
December
31
of
each
year
listing
the
science,
technology,
25
engineering,
and
mathematics-related
career
fields
the
adjutant
26
general
plans
to
focus
on
in
providing
educational
incentives
27
using
funds
available
for
that
fiscal
year.
28
New
Code
section
261.86A
establishes
two
recruitment
29
and
incentive
programs
to
recruit
or
retain
individuals
30
who
have
completed
or
are
pursuing
training
in
science,
31
technology,
engineering,
and
mathematics-related
military
32
occupational
specialties
or
air
force
specialty
codes.
The
33
bill
authorizes
the
adjutant
general
to
expend
unencumbered
34
or
unobligated
funds
as
described
in
Code
section
261.86,
35
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H.F.
_____
subsection
6,
to
recruit
or
retain
individuals
by
offering
1
either
a
student
loan
repayment
program
or
a
master’s
degree
2
scholarship
award
program
that
is
in
compliance
with
the
3
federal
Edith
Nourse
Rogers
STEM
scholarship
program.
The
bill
4
establishes
a
national
guard
student
loan
repayment
program
5
to
be
administered
by
the
college
student
aid
commission
and
6
establishes
requirements
for
applicants
and
for
loan
repayment
7
awards.
The
bill
also
establishes
requirements
for
the
8
master’s
degree
scholarship
program.
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