SENATE BILL NO. 1267

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Bill Status



S1267......................................................by STATE AFFAIRS
NATIONAL GUARD - Amends existing law to further define members of the Idaho
Air or Army National Guard to include persons ordered to active federal
service.
                                                                        
02/03    Senate intro - 1st rdg - to printing
02/04    Rpt prt - to St Aff
02/19    Rpt out - rec d/p - to 2nd rdg
02/20    2nd rdg - to 3rd rdg
02/25    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Goedde,
      Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
      McKenzie, McWilliams, Noble, Noh, Richardson, Schroeder, Sorensen,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Geddes, Pearce
    Floor Sponsor - Stegner
    Title apvd - to House
02/26    House intro - 1st rdg - to Transp
03/03    Rpt out - rec d/p - to 2nd rdg
03/04    2nd rdg - to 3rd rdg
03/08    3rd rdg - PASSED - 64-0-6
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Cuddy, Denney, Douglas, Eberle, Edmunson, Eskridge, Field(18),
      Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Kellogg,
      Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague,
      Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,
      Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali,
      Sayler, Schaefer, Shepherd, Shirley, Smith(30), Smith(24), Smylie,
      Snodgrass, Stevenson, Trail, Wills, Wood
      NAYS -- None
      Absent and excused -- Crow, Deal, Ellsworth, Jones, Skippen, Mr.
      Speaker
    Floor Sponsor - Wood
    Title apvd - to Senate
03/09    To enrol
03/10    Rpt enrol - Pres signed
03/11    Sp signed
03/12    To Governor
03/16    Governor signed
         Session Law Chapter 59
         Effective: 03/16/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1267
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PROTECTIONS FOR PERSONS IN THE MILITIA; AMENDING  SECTION  46-409,
  3        IDAHO CODE, TO FURTHER DEFINE MEMBERS AS PERSONS ORDERED TO ACTIVE FEDERAL
  4        SERVICE; AND DECLARING AN EMERGENCY.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION  1.  That  Section  46-409, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        46-409.  THE MILITIA CIVIL RELIEF ACT. (1) As used in  this  section,  the
  9    following terms have the following meanings:
 10        (a)  "Active  member"  means  any member of the Idaho air or army national
 11        guard who is called or ordered by the governor for thirty (30) consecutive
 12        days or more to state active duty, or to  duty  other  than  for  training
 13        under  title  32  U.S.C.,  or  ordered by competent federal authority into
 14        active federal service under title 10 U.S.C. for thirty  (30)  consecutive
 15        days or more.
 16        (b)  "Be  called or ordered by the governor" means to be called or ordered
 17        by the governor for thirty (30) consecutive days or more to  state  active
 18        duty or to duty other than for training under title 32 U.S.C.
 19        (c)  "Duty  other  than for training" means any state active duty or title
 20        32 U.S.C. duty other than training unless training is required as part  of
 21        thirty  (30)  days  of  the consecutive duty upon the call or order of the
 22        governor, or active federal service under title 10 U.S.C. Duty other  than
 23        for  training  does  not include weekend drill, annual training (generally
 24        fifteen (15) days) as part of normal national guard service, and does  not
 25        include  attendance at military schools unless such attendance is required
 26        as part of, or occurs in conjunction with thirty (30) days of  consecutive
 27        duty upon the call or order of the governor, or by order of competent fed-
 28        eral authority.
 29        (d)  "Employee" means any person employed by a public or private employer.
 30        (e)  "Soldiers'  and  sailors'  civil relief act (SSCRA)" means the provi-
 31        sions of 50 App. U.S.C. section 501 et seq. which protects active military
 32        service members.
 33        (f)  "State active duty" means any active duty performed for  thirty  (30)
 34        consecutive  days  or more by an active member of the Idaho national guard
 35        in accordance with this title when called or ordered by the governor.
 36        (g)  "Uniform services employment and  reemployment  rights  act  of  1994
 37        (USERRA)"  means  the  provisions of 38 U.S.C. section 4301 et seq., which
 38        gives employees who leave a civilian job to perform military  service  the
 39        right  to return to the civilian job held before entering military service
 40        with the rights to seniority, to purchase insurance coverage and  purchase
 41        retirement credit.
 42        (2)  Whenever  any  active  member  of the Idaho national guard in time of
 43    war, armed conflict, or emergency proclaimed by the governor or by the  presi-
                                                                        
                                           2
                                                                        
  1    dent of the United States, shall be called or ordered by the governor to state
  2    active  duty  for a period of thirty (30) consecutive days or more, or to duty
  3    other than for training pursuant to title 32 U.S.C., the provision as then  in
  4    effect  of the soldiers' and sailors' civil relief act, 50 App. U.S.C. section
  5    501 et seq., and the uniform services employment and reemployment rights  act,
  6    38 U.S.C. section 4301 et seq., shall apply.
  7        (3)  With reference to 50 App. U.S.C. section 581, the adjutant general or
  8    his  designee shall be responsible to execute certificates of service referred
  9    to therein.
                                                                        
 10        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 11    declared to exist, this act shall be in full force and effect on and after its
 12    passage and approval.

Statement of Purpose / Fiscal Impact


                    STATEMENT OF PURPOSE
                                   
                           RS 13821
                                   
This proposal amends section I.C.  46-409 by extending the
protections of the Idaho Militia Civil Relief Act to National
Guard members who are ordered to federal active service under
Title 10, United States Code, for duty other than for training
lasting 30 days or more.  
    
    
    
    
    
    
    
    
                         FISCAL IMPACT
                                   
There is no fiscal impact from this proposal. 
    
    
    
    
    
    
CONTACT
Name:     John Norris
Agency:   Idaho Military Division
Phone:    422-5471
DFM:      
    
Statement of Purpose/Fiscal Impact                S 1267