A bill for an act relating to circumstances necessary prior to deployment of state military units.

House

File

2462

-

Introduced

HOUSE

FILE

2462

BY

TUREK

and

SHIPLEY

A

BILL

FOR

An

Act

relating

to

circumstances

necessary

prior

to

deployment

1

of

state

military

units.

2

BE

IT

ENACTED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

3

TLSB

6583YH

(4)

91

sc/ns

H.F.

2462

Section

1.

Section

29A.53,

Code

2026,

is

amended

by

adding

1

the

following

new

subsections:

2

NEW

SUBSECTION

.

4.

Notwithstanding

any

other

provision

of

3

the

Code,

the

army

national

guard,

the

air

national

guard,

or

4

the

civil

air

patrol

shall

not

be

released

from

this

state

into

5

active

combat

or

into

hazardous

service

relating

to

an

armed

6

conflict

in

a

foreign

state

pursuant

to

Article

I,

section

8,

7

clause

15,

of

the

Constitution

of

the

United

States,

unless

8

the

United

States

has

officially

declared

war

for

the

express

9

purpose

of

repelling

an

invasion,

suppressing

an

insurrection,

10

or

executing

the

laws

of

the

United

States.

11

NEW

SUBSECTION

.

5.

The

governor

shall

not

send

the

army

12

national

guard,

the

air

national

guard,

or

the

civil

air

patrol

13

into

service

in

another

state

without

the

consent

of

the

14

governor

of

that

state.

15

NEW

SUBSECTION

.

6.

This

section

shall

not

be

construed

16

to

limit

the

authority

of

the

governor

to

consent

to

the

17

deployment

of

troops

pursuant

to

Tit.

32

of

the

United

States

18

Code.

19

EXPLANATION

20

The

inclusion

of

this

explanation

does

not

constitute

agreement

with

21

the

explanation’s

substance

by

the

members

of

the

general

assembly.

22

This

bill

prohibits

the

army

national

guard,

the

air

23

national

guard,

or

the

civil

air

patrol

from

being

released

24

from

this

state

into

active

combat

or

into

hazardous

service

25

relating

to

an

armed

conflict

in

a

foreign

state

unless

the

26

United

States

has

officially

declared

war

for

the

express

27

purpose

of

repelling

an

invasion,

suppressing

an

insurrection,

28

or

executing

the

laws

of

the

United

States.

The

bill

also

29

prohibits

the

governor

from

sending

those

units

into

service

30

in

another

state

without

the

consent

of

the

governor

of

that

31

state.

The

bill

provides

that

Code

section

29A.53

(call

by

32

president

of

U.S.)

does

not

limit

the

authority

of

the

governor

33

to

consent

to

the

deployment

of

troops

for

defense

support

of

34

civil

authorities.

35

-1-

LSB

6583YH

(4)

91

sc/ns

1/

1