29A.1 Definitions.
The following words, terms, and phrases when used in this chapter shall have the respective meanings set forth in this section:
1. “Civil air patrol” means the civilian auxiliary of the United States air force established by the United States Congress in 36 U.S.C. §40301 et seq., and 10 U.S.C. §9441 et seq.
2. “Facility” means the land, and the buildings and other improvements on the land which are the responsibility and property of the Iowa national guard.
3. “Federal active duty” means full-time duty in the active military service of the United States authorized and performed under the provisions of Tit. 10 of the United States Code or full-time duty performed in the United States coast guard under the provisions of Tit. 14 of the United States Code.
4. “Homeland defense” means the protection of state territory, population, and critical infrastructure and assets against attacks from within or without the state.
5. “Law and regulations” means and includes state and federal law and regulations.
6. “Militia” shall mean the forces provided for in the Constitution of the State of Iowa.
7. “National guard” means the Iowa units, detachments and organizations of the army national guard of the United States, the air national guard of the United States, the army national guard, and the air national guard as those forces are defined in 10 U.S.C. §101.
8. “National guard duty” means training or other duty authorized and performed under the provisions of 32 U.S.C. including but not limited to32 U.S.C. §316, 32 U.S.C. §502 – 505, and 32 U.S.C. §709 as part of the national guard and paid for with federal funds. “National guard duty” includes but is not limited to full-time national guard duty and inactive duty training and annual training.
9. “Officer” shall mean and include commissioned officers and warrant officers.
10. “On duty” means training, including unit training assemblies, and other training, operational duty, and other service which may be required under state or federal law, regulations, or orders, and the necessary travel of an officer or enlisted person to the place of performance and return home after performance of that duty, but does not include federal active duty. A member of the national guard shall be considered to be on duty when called to testify about an incident which the member observed or was involved in while that member was on duty.
11. “Organization” means a command composed of two or more subordinate units and includes the state headquarters for both the army and the air national guard, one or more divisions, wings, brigades, groups, battalions, squadrons or flights as defined by an appropriate table of organization, a table of distribution or unit personnel document.
12. “State active duty” means duty authorized and performed under section 29A.8 and paid for with state funds. “State active duty” also includes serving as the adjutant general, a deputy adjutant general, or the state quartermaster.
13. “Unit” means a military element of an organization whose structure is prescribed by competent authority such as a table of organization, table of distribution, or unit personnel document. For the purposes of this chapter, a unit shall include one or more companies, flights, troops, batteries or detachments and the state officer candidate school.
14. Except when otherwise expressly defined in this section, military words, terms, and phrases shall have the meaning commonly ascribed to them in the military profession.
[C97, §2168; S13, §2215-f2; C24, 27, 31, §433; C35, §467-f2; C39, §467.02; C46, 50, §29.2; C54, 58, 62, §29.1; C66, 71, 73, 75, 77, 79, 81, §29A.1; 81 Acts, ch 14, §18]
2000 Acts, ch 1020, §1, 6
; 2001 Acts, 2nd Ex, ch 1, §1 – 6, 28
; 2002 Acts, ch 1117, §2, 3, 23; 2004 Acts, ch 1086, §12; 2005 Acts, ch 119, §1; 2012 Acts, ch 1072, §6 – 9; 2017 Acts, ch 54, §15; 2020 Acts, ch 1063, §14, 15; 2021 Acts, ch 13, §1
Referred to in §29A.43, 29A.90, 35A.13, 69.20, 96.7(2)(a), 97B.52A, 142D.3, 144.13B, 144C.6, 260C.14, 261.9, 262.9, 272.8, 272C.4, 476.20, 483A.24A, 654.1A, 669.14, 724.7
Subsection 3 amended
Structure Iowa Code
Title I - STATE SOVEREIGNTY AND MANAGEMENT
Section 29A.2 - Army national guard and air national guard created.
Section 29A.3 - Units of guard.
Section 29A.3A - Civil air patrol.
Section 29A.4 - Organization — armament — equipment and discipline.
Section 29A.5 - Government, discipline and uniforming.
Section 29A.6 - Military forces of state.
Section 29A.7 - Commander in chief.
Section 29A.8 - State active duty.
Section 29A.8A - National guard duty.
Section 29A.11 - Adjutant general — appointment and term.
Section 29A.12 - Powers and duties.
Section 29A.12A - Morale, welfare, and recreation activity.
Section 29A.13 - Appropriated funds.
Section 29A.14 - Support and facilities improvement fund.
Section 29A.14A - Use of government facilities.
Section 29A.15 - State awards and decorations.
Section 29A.16 - Deputy adjutants general.
Section 29A.17 - Governor’s staff.
Section 29A.18 - United States property and fiscal officer.
Section 29A.19 - Quartermaster.
Section 29A.21 - Powers and duties.
Section 29A.22 - Fitness determined — vacation of commissions.
Section 29A.23 - Roll of retired officers and enlisted personnel.
Section 29A.24 - Unassigned list.
Section 29A.25 - Enlistments and discharges.
Section 29A.26 - State headquarters and detachment.
Section 29A.27 - Pay and allowances — injury or death benefit boards — judicial review — damages.
Section 29A.28 - Leave of absence of civil employees.
Section 29A.29 - Payment from treasury — exception.
Section 29A.30 - Inactive guard.
Section 29A.31 - Unlawful organizations.
Section 29A.33 - Per capita allowance to unit.
Section 29A.34 - Clothing and equipment.
Section 29A.35 - Use for military only.
Section 29A.36 - Injury or destruction of property.
Section 29A.37 - Bond of officers.
Section 29A.38 - Serious misdemeanors.
Section 29A.40 - False wearing of uniform.
Section 29A.42 - Trespass or interference with official acts.
Section 29A.43 - Discrimination prohibited — leave of absence — continuation of health coverage.
Section 29A.44 - Assault prohibited.
Section 29A.46 - Military court or commission.
Section 29A.47 - Arrests and subpoenas.
Section 29A.48 - Commitment and fines.
Section 29A.49 - Military jails.
Section 29A.51 - Suit or proceeding — defense.
Section 29A.52 - Malice must be proved.
Section 29A.53 - Call by president of U.S.
Section 29A.54 - Senior commander allowances.
Section 29A.56 - Special police.
Section 29A.57 - Armory board.
Section 29A.58 - Armories leased.
Section 29A.60 - Property exempt from taxation.
Section 29A.62 - Immunity from prosecution.
Section 29A.63 - Jurisdiction presumed.
Section 29A.64 - Custom and usage.
Section 29A.66 - Applicable powers and duties.
Section 29A.67 - Chief of staff.
Section 29A.68 - Applicable provisions.
Section 29A.69 - Officers and duties.
Section 29A.70 - Immunity and exemption.
Section 29A.71 - Pay and allowances.
Section 29A.73 - Immunity from national service.
Section 29A.74 - Death of principal — effect.
Section 29A.76 - Express revocation or termination.
Section 29A.77 - Posthumous grants.
Section 29A.79 - Emergency helicopter ambulance.
Section 29A.91 - Applicability.
Section 29A.92 - Reopening default judgments.
Section 29A.93 - Stay of proceedings.
Section 29A.94 - Fines and penalties on contracts.
Section 29A.95 - Exercise of rights not to affect future financial transactions.
Section 29A.96 - Stay of execution of judgment.
Section 29A.97 - Duration of stays.
Section 29A.98 - Statutes of limitations affected by military service.
Section 29A.99 - Maximum rate of interest.
Section 29A.100 - Dependent benefits.
Section 29A.101 - Termination of lease or rental agreement — exceptions.
Section 29A.101A - Termination of lease by service member — penalty.
Section 29A.102 - Installment contracts.
Section 29A.103 - Mortgage foreclosures.
Section 29A.103A - Professional liability insurance.