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H0521.........................................by TRANSPORTATION AND DEFENSE
NATIONAL GUARD - Adds to existing law to provide employment and educational
protection for National Guard members called into state service.
01/31 House intro - 1st rdg - to printing
02/01 Rpt prt - to Transp
02/13 Rpt out - rec d/p - to 2nd rdg
02/14 2nd rdg - to 3rd rdg
02/18 3rd rdg - FAILED - 33-34-3
AYES -- Bedke, Black, Boe, Collins, Cuddy, Deal, Denney, Ellsworth,
Eskridge, Field(13), Henbest, Hornbeck, Jaquet, Jones, Kellogg, Kunz,
Langford, Mader, Martinez, Meyer, Pischner, Pomeroy, Ridinger,
Robison, Schaefer, Sellman, Shepherd, Smith(33), Smylie, Stone,
Trail, Wood, Young
NAYS -- Aikele, Barraclough, Barrett, Bell, Bieter, Block, Bolz,
Bradford, Bruneel, Callister, Campbell, Ellis, Field(20), Gagner,
Gould, Hadley, Hammond, Harwood, Higgins, Kendell, Lake, Loertscher,
McKague, Montgomery, Mortensen, Moyle, Pearce, Raybould, Roberts,
Sali, Stevenson, Tilman, Wheeler, Mr. Speaker
Absent and excused -- Clark, Crow, Smith(23)
Floor Sponsor - Ridinger
To Chief Clerk
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 521
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO THE STATE MILITIA; AMENDING CHAPTER 4, TITLE 46, IDAHO CODE, BY
3 THE ADDITION OF A NEW SECTION 46-412, IDAHO CODE, TO PROVIDE EMPLOYMENT
4 PROTECTION FOR NATIONAL GUARD MEMBERS CALLED INTO STATE SERVICE.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Chapter 4, Title 46, Idaho Code, be, and the same is
7 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
8 ignated as Section 46-412, Idaho Code, and to read as follows:
9 46-412. PROTECTION IN EMPLOYMENT. (1) In the event that a member of the
10 Idaho national guard is ordered into active state service, no private or pub-
11 lic employer, and no employing or appointing authority of this state, its
12 counties, municipalities, political subdivisions, community colleges, colleges
13 or universities shall discharge, reprimand, or in any other way penalize such
14 member because of his or her absence by reason of state active duty.
15 (2) If the adjutant general certifies that there is probable cause to
16 believe there has been a violation of this section, an employee who has been
17 employed for a period of at least one (1) year prior to being ordered into
18 active service so injured by a violation of this section may bring a civil
19 action against an employer violating the provisions of this section in a court
20 of competent jurisdiction of the county in which the violator resides or has
21 his or her principal place of business, or in the county wherein the alleged
22 violation occurred. If a court finds that the employer has discharged,
23 reprimanded or otherwise punished the member because of state active duty, the
24 defendant shall be liable for actual damages, or five hundred dollars ($500),
25 whichever is greater. If the national guard member prevails in any legal
26 action authorized under this section, the member will be entitled to recover
27 reasonable attorney's fees and reasonable court costs.
28 (3) The certification of probable cause may not be issued until the adju-
29 tant general has investigated the issues. All employers and other personnel
30 involved with the issues of such investigation shall cooperate with the adju-
31 tant general.
STATEMENT OF PURPOSE
RS 11505C1
This proposal adds I.C. ยง 46-412 to Chapter 4, Title 46 Idaho
Code to provide employment protection to National Guard members
ordered to state active duty. This will protect the member from
reprimand, penalty or discharge from employment for his or her
absence by reason of state active duty.
FISCAL IMPACT
This is no fiscal impact from this proposal.
Contact:
Name: Bill von Tagen
Phone: 334-4140
Name: John Norris
Agency: Idaho Military Division
Phone: 422-5471
STATEMENT OF PURPOSE/FISCAL NOTE H 521