Bill Text: IA HF428 | 2021-2022 | 89th General Assembly | Enrolled

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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, criminal justice reporting, and scholarship and loan repayment programs. (Formerly HSB 134.) Effective date: 07/01/2021.

Spectrum: Committee Bill

Status: (Passed) 2021-04-30 - Signed by Governor. H.J. 1038. [HF428 Detail]

Download: Iowa-2021-HF428-Enrolled.html

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House File 428 - Enrolled
House File 428
AN ACT
RELATING TO THE NATIONAL GUARD OF THE STATE CONCERNING ARMORY
BOARD LEASES, PERSONS SUBJECT TO THE CODE OF MILITARY
JUSTICE, CRIMINAL JUSTICE REPORTING, AND SCHOLARSHIP AND
LOAN REPAYMENT PROGRAMS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 29A.58, subsection 1, Code 2021, is
amended to read as follows:
1. The armory board as lessee may lease property to be
used for armory purposes and other training of the national
guard. Leases may be made for any term not to exceed twenty
thirty years. Rents under such leases shall be paid from funds
appropriated for the support and maintenance of the national
guard.
Sec. 2. Section 29B.1, subsection 1, Code 2021, is amended
by striking the subsection and inserting in lieu thereof the
following:
1. A person shall not be punished for an offense under this
chapter unless the person is a member of the military forces of
the state and any of the following applies:
a. The person is on national guard duty or state active

House File 428, p. 2
duty, including between consecutive drill periods which are
less than twenty-four hours apart. For purposes of this
paragraph, a member of the state military forces is on national
guard duty or state active duty during travel to or from the
member’s duty location.
b. (1) The person is not on national guard duty or
state active duty but a nexus exists between the offense
and the military forces of the state. Only a commanding
officer holding a position in the grade of 0-6 and above may
impose nonjudicial punishment for an offense subject to this
paragraph.
(2) For purposes of this paragraph, the military forces
of the state shall have the burden to show the existence of a
nexus by a preponderance of the evidence and the term nexus
shall be liberally construed in favor of finding the existence
of a nexus.
Sec. 3. Section 29B.116B, Code 2021, is amended to read as
follows:
29B.116B Adjutant general report.
1. The adjutant general shall report annually, by January
15, to the governor and to the chairpersons and ranking
members of the general assembly’s standing committees on
veterans affairs on the number of offenses described in section
29B.116A, subsection 1 , which have been reported to civilian
law enforcement authorities in the prior year, if such offenses
were committed by a member of the state military forces against
another member of the state military forces while both are
subject to this code. The report shall provide such numbers
by type of offense.
2. The adjutant general may include in the annual report
described in subsection 1 the number of sexual abuse cases
reported to the United States department of defense that are
not otherwise required to be included in the annual report
pursuant to subsection 1.
Sec. 4. Section 261.86, subsection 6, Code 2021, is amended
to read as follows:
6. a. Notwithstanding section 8.33 , funds appropriated
for purposes of this section which remain unencumbered or

House File 428, p. 3
unobligated at the close of the fiscal year for which the funds
were appropriated shall not revert but shall be available for
expenditure for the following fiscal year upon the authority of
the adjutant general for purposes of this section and section
261.86A .
b. The adjutant general shall submit a report to the
governor and the general assembly by December 31 of each
year listing the science, technology, engineering, and
mathematics-related career fields the adjutant general plans to
focus on in providing educational incentives under this section
and section 261.86A using funds available under this subsection
for that fiscal year.
Sec. 5. NEW SECTION . 261.86A National guard STEM-related
recruitment and retention incentive programs.
1. a. The adjutant general has the authority under this
section to authorize the expenditure of unencumbered or
unobligated funds as described in section 261.86, subsection
6, to recruit or retain individuals who have completed or are
pursuing training in science, technology, engineering, and
mathematics-related military occupational specialties or air
force specialty codes by issuing awards through a national
guard student loan repayment program in accordance with
subsection 2 or by providing a scholarship award to an eligible
member of the national guard who is enrolled at an institution
defined in section 261.86, subsection 1, paragraph “d” , in a
master’s degree program that is in compliance with the federal
Edith Nourse Rogers STEM scholarship program established
under 38 U.S.C. §3320 in accordance with the requirements of
subsection 3.
b. The adjutant general can offer a recruitment or retention
incentive as authorized by this section in either the military
entrance process or within the final year of the service
member’s initial contract obligation pending the service member
signing a six-year extension.
2. a. A national guard student loan repayment program
is established to be administered by the college student aid
commission. Funds for loan repayment awards under the program
shall be expended upon the authority of the adjutant general.
b. An individual is eligible for a loan repayment award

House File 428, p. 4
under this subsection if the individual meets all of the
following conditions:
(1) Is a resident of the state and a member of an Iowa
army or air national guard unit while receiving loan repayment
awards issued pursuant to this subsection.
(2) Satisfactorily completed required initial active duty
training.
(3) Maintains satisfactory performance of duty upon return
from initial active duty training, including attending a
minimum ninety percent of scheduled drill dates and attending
annual training.
c. An applicant for an award under this subsection shall, in
accordance with the rules promulgated by the college student
aid commission, do all of the following:
(1) Complete and file an application for national guard
student loan repayment. The individual shall be responsible
for the prompt submission of any information required by the
national guard and the college student aid commission.
(2) File a new application and submit information as
required by the national guard and the college student aid
commission annually on the basis of which the applicant’s
eligibility for the renewed loan repayment will be evaluated
and determined.
d. The annual amount of an award to an applicant under
this subsection shall not exceed five thousand dollars or one
hundred percent of the applicant’s total federally guaranteed
Stafford loan amount under the federal family education loan
program or the federal direct loan program, the applicant’s
federal grad plus loans, or the applicant’s federal Perkins
loans, including principal and interest, whichever is less. An
applicant shall be eligible for a loan repayment award under
this subsection for not more than six consecutive years.
3. An applicant for a master’s degree scholarship award as
described in subsection 1 shall meet the criteria as provided
in section 261.86, subsection 1, except that the applicant can
be enrolled in a master’s degree program. The provisions of
section 261.86, subsections 2, 4, and 5, shall also apply to
scholarship awards made under this subsection. A scholarship
award provided to a recipient enrolled in a master’s degree

House File 428, p. 5
program under this subsection shall be limited to thirty-six,
or equivalent, credit hours of graduate study.
______________________________ ______________________________
PAT GRASSLEY JAKE CHAPMAN
Speaker of the House President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 428, Eighty-ninth General Assembly.
______________________________
MEGHAN NELSON
Chief Clerk of the House
Approved _______________, 2021 ______________________________
KIM REYNOLDS
Governor