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.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 29A.58, subsection 1, Code 2021, is
2 amended to read as follows:
3 1. The armory board as lessee may lease property to be
4 used for armory purposes and other training of the national
5 guard. Leases may be made for any term not to exceed twenty
6 thirty years. Rents under such leases shall be paid from funds
7 appropriated for the support and maintenance of the national
8 guard.
9 Sec. 2. Section 29B.1, subsection 1, Code 2021, is amended
10 by striking the subsection and inserting in lieu thereof the
11 following:
12 1. A person shall not be punished for an offense under this
13 chapter unless the person is a member of the military forces of
14 the state and any of the following applies:
15 a. The person is on national guard duty or state active
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16 duty, including between consecutive drill periods which are
17 less than twenty-four hours apart. For purposes of this
18 paragraph, a member of the state military forces is on national
19 guard duty or state active duty during travel to or from the
20 member’s duty location.
21 b. (1) The person is not on national guard duty or
22 state active duty but a nexus exists between the offense
23 and the military forces of the state. Only a commanding
24 officer holding a position in the grade of 0-6 and above may
25 impose nonjudicial punishment for an offense subject to this
26 paragraph.
27 (2) For purposes of this paragraph, the military forces
28 of the state shall have the burden to show the existence of a
29 nexus by a preponderance of the evidence and the term nexus
30 shall be liberally construed in favor of finding the existence
31 of a nexus.
32 Sec. 3. Section 29B.116B, Code 2021, is amended to read as
33 follows:
34 29B.116B Adjutant general report.
35 1. The adjutant general shall report annually, by January
1 15, to the governor and to the chairpersons and ranking
2 members of the general assembly’s standing committees on
3 veterans affairs on the number of offenses described in section
4 29B.116A, subsection 1, which have been reported to civilian
5 law enforcement authorities in the prior year, if such offenses
6 were committed by a member of the state military forces against
7 another member of the state military forces while both are
8 subject to this code. The report shall provide such numbers
9 by type of offense.
10 2. The adjutant general may include in the annual report
11 described in subsection 1 the number of sexual abuse cases
12 reported to the United States department of defense that are
13 not otherwise required to be included in the annual report
14 pursuant to subsection 1.
15 Sec. 4. Section 261.86, subsection 6, Code 2021, is amended
16 to read as follows:
17 6. a. Notwithstanding section 8.33, funds appropriated
18 for purposes of this section which remain unencumbered or
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19 unobligated at the close of the fiscal year for which the funds
20 were appropriated shall not revert but shall be available for
21 expenditure for the following fiscal year upon the authority of
22 the adjutant general for purposes of this section and section
23 261.86A.
24 b. The adjutant general shall submit a report to the
25 governor and the general assembly by December 31 of each
26 year listing the science, technology, engineering, and
27 mathematics-related career fields the adjutant general plans to
28 focus on in providing educational incentives under this section
29 and section 261.86A using funds available under this subsection
30 for that fiscal year.
31 Sec. 5. NEW SECTION. 261.86A National guard STEM-related
32 recruitment and retention incentive programs.
33 1. a. The adjutant general has the authority under this
34 section to authorize the expenditure of unencumbered or
35 unobligated funds as described in section 261.86, subsection
1 6, to recruit or retain individuals who have completed or are
2 pursuing training in science, technology, engineering, and
3 mathematics-related military occupational specialties or air
4 force specialty codes by issuing awards through a national
5 guard student loan repayment program in accordance with
6 subsection 2 or by providing a scholarship award to an eligible
7 member of the national guard who is enrolled at an institution
8 defined in section 261.86, subsection 1, paragraph “d”, in a
9 master’s degree program that is in compliance with the federal
10 Edith Nourse Rogers STEM scholarship program established
11 under 38 U.S.C. §3320 in accordance with the requirements of
12 subsection 3.
13 b. The adjutant general can offer a recruitment or retention
14 incentive as authorized by this section in either the military
15 entrance process or within the final year of the service
16 member’s initial contract obligation pending the service member
17 signing a six-year extension.
18 2. a. A national guard student loan repayment program
19 is established to be administered by the college student aid
20 commission. Funds for loan repayment awards under the program
21 shall be expended upon the authority of the adjutant general.
22 b. An individual is eligible for a loan repayment award
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23 under this subsection if the individual meets all of the
24 following conditions:
25 (1) Is a resident of the state and a member of an Iowa
26 army or air national guard unit while receiving loan repayment
27 awards issued pursuant to this subsection.
28 (2) Satisfactorily completed required initial active duty
29 training.
30 (3) Maintains satisfactory performance of duty upon return
31 from initial active duty training, including attending a
32 minimum ninety percent of scheduled drill dates and attending
33 annual training.
34 c. An applicant for an award under this subsection shall, in
35 accordance with the rules promulgated by the college student
1 aid commission, do all of the following:
2 (1) Complete and file an application for national guard
3 student loan repayment. The individual shall be responsible
4 for the prompt submission of any information required by the
5 national guard and the college student aid commission.
6 (2) File a new application and submit information as
7 required by the national guard and the college student aid
8 commission annually on the basis of which the applicant’s
9 eligibility for the renewed loan repayment will be evaluated
10 and determined.
11 d. The annual amount of an award to an applicant under
12 this subsection shall not exceed five thousand dollars or one
13 hundred percent of the applicant’s total federally guaranteed
14 Stafford loan amount under the federal family education loan
15 program or the federal direct loan program, the applicant’s
16 federal grad plus loans, or the applicant’s federal Perkins
17 loans, including principal and interest, whichever is less. An
18 applicant shall be eligible for a loan repayment award under
19 this subsection for not more than six consecutive years.
20 3. An applicant for a master’s degree scholarship award as
21 described in subsection 1 shall meet the criteria as provided
22 in section 261.86, subsection 1, except that the applicant can
23 be enrolled in a master’s degree program. The provisions of
24 section 261.86, subsections 2, 4, and 5, shall also apply to
25 scholarship awards made under this subsection. A scholarship
26 award provided to a recipient enrolled in a master’s degree
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27 program under this subsection shall be limited to thirty-six,
28 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


Statutes affected:
Introduced: 29A.58, 29B.116B, 261.86, 8.33
Enrolled: 29A.58, 29B.116B, 261.86