Bill Text: IA SF2201 | 2017-2018 | 87th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: A bill for an act relating to the national guard, by authorizing a morale, welfare, and recreation activity and establishing procedures concerning notification of civilian authorities regarding certain criminal offenses committed by members of the national guard. (Formerly SSB 3052.) Effective 7-1-18.

Spectrum: Committee Bill

Status: (Passed) 2018-03-28 - Signed by Governor. S.J. 812. [SF2201 Detail]

Download: Iowa-2017-SF2201-Introduced.html

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Senate File 2201 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON VETERANS
                                     AFFAIRS

                                 (SUCCESSOR TO SSB
                                     3052)

                                      A BILL FOR

  1 An Act relating to the national guard, by authorizing a morale,
  2    welfare, and recreation activity and establishing procedures
  3    concerning notification of civilian authorities regarding
  4    certain criminal offenses committed by members of the
  5    national guard.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5342SV (1) 87
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PAG LIN



  1  1    Section 1.  NEW SECTION.  29A.12A  Morale, welfare, and
  1  2 recreation activity.
  1  3    1.  The adjutant general may establish a morale, welfare,
  1  4 and recreation activity in the department of public defense,
  1  5 for the purposes of supporting the readiness and resilience
  1  6 of members of the national guard.  The adjutant general shall
  1  7 prescribe regulations governing the operation of the morale,
  1  8 welfare, and recreation activity.
  1  9    2.  An obligation created under this section shall not be
  1 10 a charge against the state of Iowa and all obligations of the
  1 11 activity shall be paid from the operations of the activity.
  1 12    3.  There is no liability to the state of Iowa under this
  1 13 section.  Members of the governing body of the activity shall
  1 14 not be held to any personal or individual liability for any
  1 15 action taken by them under this chapter.
  1 16    Sec. 2.  Section 29B.116A, subsection 2, paragraph a, Code
  1 17 2018, is amended to read as follows:
  1 18    a.  A commander, who is made aware of an allegation that
  1 19 an offense under subsection 1, paragraph "a" or "b", has been
  1 20 committed by a member of the state military forces against
  1 21 another member of the state military forces while both are
  1 22 subject to this code, shall notify local, without delay, the
  1 23  civilian law enforcement authorities without delay agency
  1 24 having primary jurisdiction over the alleged offense.  Upon
  1 25 notification, the agency shall promptly assign a case number
  1 26 to the allegation and shall share with the national guard the
  1 27 results of any investigation or inform the national guard of
  1 28 the reasons for not conducting an investigation.
  1 29                           EXPLANATION
  1 30 The inclusion of this explanation does not constitute agreement with
  1 31 the explanation's substance by the members of the general assembly.
  1 32    This bill concerns the national guard.
  1 33    New Code section 29A.12A authorizes the adjutant general of
  1 34 the national guard to create a morale, welfare, and recreation
  1 35 activity to support the readiness and resilience of members
  2  1 of the national guard.  The activity would operate under
  2  2 regulations of the adjutant general and be self=funding.  The
  2  3 bill further provides that obligations of the activity would
  2  4 not be a charge against the state nor would liability attach to
  2  5 the state or to members of the operating body of the activity.
  2  6    Code section 29B.116A, relating to notification of civilian
  2  7 authorities for certain criminal offenses committed by a member
  2  8 of the national guard, is amended.  The bill provides that
  2  9 a commander made aware that a civilian criminal offense was
  2 10 alleged to have been committed by one member of the national
  2 11 guard against another member of the national guard shall notify
  2 12 the civilian law enforcement agency having primary jurisdiction
  2 13 over the offense.  The bill then requires the civilian law
  2 14 enforcement agency to assign a case number to the allegation
  2 15 and to share the results of the investigation with the national
  2 16 guard or to inform the national guard of the reasons that no
  2 17 investigation was conducted.
       LSB 5342SV (1) 87
       ec/rh