HF 428 — 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.

KHouse iFile m428 R- eEnrolled yHouse nFile o428 lAN dACT sRELATING OTO fTHE fNATIONAL iGUARD cOF eTHE oSTATE fCONCERNING tARMORY hBOARD eLEASES, GPERSONS oSUBJECT vTO eTHE rCODE nOF oMILITARY rJUSTICE, ACRIMINAL dJUSTICE aREPORTING, mAND GSCHOLARSHIP rAND eLOAN gREPAYMENT gPROGRAMS. G O V E R N O R L T G O V E R N O R April30,2021 The Honorable Paul Pate Secretary'ofStateofIowa StateCapitol Des Moines,Iowa 50319 DearMr.Secretary, Iherebytransmit:

HouseFile428,anActrelatingtothenationalguardofthestateconcerningarmoryboardBE leases,personssubjecttothecodeofmilitaryjustice,criminaljusticereporting,andIT scholarshipandloanrepaymentprograms.ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

TheaboveHouseFileisherebyapprovedonthisdate.

Sincerely, Governor of Iowa cc:

SecretaryoftheSenate Clerk of the House STATE CAPITOL DES MOINES,I O W A 50319 515.281.5211 FAX 515.725.352WWW.GOVERNOR.IOWA.GOV BPRtzeANgmSgSBpiGiff fHiiiiliiiiiilliiiilroiiifi™ G E N E R A E y \ S S E M B E Y l iilnl |!l!ll !llIilnlI Iilil tlllSiI!)Il lIliilIliln!Ililil!l!:il H o u s e F i4 2 8 A NA C T R E L A T IT OT H EN A T I O NG U A RO F T H S T A TC O N C E R NA R M O R Y BOARD LEASES, PERSONS SUBJECT TO THE CODE O F MILITARY JUSTICE, CRIMINAL JUSTICE REPORTING, AND SCHOLARSHIP AND L O A R E P A Y MP R O G R A M S .

B E I TE N A C T B YT H EG E N E R A S S E M O F T H ES T A T E I O W A :

Section 29A.58, subsection 11, , Code 2021, is aamended mto eread nas dfollows: t or e a a s f o l l o w s :

22. .

Section 29B.1, subsection 11, , Code 2021, is amended by striking the subsection and inserting in lieu thereof the following:

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'smember’s duty location.

(2) For purposes of this paragraph, the military forces of the state sshall h a l l have the burden tto oshow shthethe existence of a nexus by a preponderance of the evidence and the term nexus shall be liberally construed in favor of finding the existence oof faa nnexus. e x u s .

Section 29B.116B, Code 2021, is amended to read as ffollows: o l l o w s ;

The adjutant general shall report annually, by January 15, to the governor and to the chairpersons and ranking members of the general assembly'sassembly’s standing committees on vveterans eaffairs ton ethe rnumber aof noffenses sdescribed ain fsection ft h n u m b o fo f f e n s e s d e i ns e c t i o n 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 adjutant general may include in the annual report ddescribed ein ssubsection c1 rthe iinumber nsof usexual babuse scases e c1tt h en u m bo fs e x ua b u sc a s e s reported to the United States department of defense that are not otherwise required to be included in the annual report pursuant to subsection 1.

Section 261.86, subsection 66, , Code 2021, is amended tto orread eas aafollows: s f o l l o w s :

aj_a. Notwithstanding section 8.33, funds appropriated for purposes of this section which remain unencumbered or House File 428, p.

3Notwithstanding unobligatedsection at8.33, 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 andwhich sectionremain 6unencumbered 1or .House File 428, p.

83 6unobligated Aat .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.

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'smaster’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 ssubsection u3. b s e c 3 .

o n 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'smember’s initial contract obligation pending the service member signing a six-year extension.

4 under this subsection if the individual meets aall l l of the following conditions:

(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'sapplicant’s eligibility for the renewed loan repayment will be evaluated aand ndetermined. d e t e r m i n e d .

The annual amount of an award to an applicant under tthis hsubsection isshall unot bexceed sfive ethousand cdollars sor hone a n o e x c e f i vt h o u sd o l l ao ro n e hundred percent of the applicant'sapplicant’s total federally guaranteed Stafford loan amount under the federal family education loan program or the federal direct loan program, the applicant'sapplicant’s federal grad plus loans, or the applicant'sapplicant’s federal Perkins loans, including principal and interest, whichever is less.

An applicant for a master'smaster’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'smaster’s degree program.

A scholarship award provided to a recipient enrolled in a master'smaster’s degree House File 428, p.

PAiyGRASSLE^______________________________ K______________________________ ECPAT HGRASSLEY AJAKE PCHAPMAN M A N Speaker of/theof the House PPresident rof ethe sSenate i o ft h S e n a t e I hereby certify that this bill originated in the House and is known as House PileFile 428, Eighty-ninth General Assembly.

M______________________________ MEGH^MEGHAN NELSON Chi«Chief CClerk ^erkj)ftof eHthe ouseHouse Approved Ap»l_______________, , 2021 K______________________________ IKIM RREYNOLDS EGovernor Y N O L D S G o v e r n o r