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S1137......................................................by STATE AFFAIRS
MILITIA - CIVIL RELIEF ACT - Repeals, adds to and amends existing law to
provide the Militia Civil Relief Act; to provide that the adjutant general
or his designee shall be responsible to execute certificates of service;
and to provide duties of educational institutions whenever a student who is
an active member of the Idaho National Guard is called or ordered to state
active duty for thirty consecutive days or more.
02/27 Senate intro - 1st rdg - to printing
02/28 Rpt prt - to St Aff
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 31-0-4
AYES -- Andreason, Bailey, Brandt, Burtenshaw, Calabretta, Cameron,
Compton, Darrington, Gannon, Geddes, Hill, Ingram, Kennedy, Keough,
Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh,
Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet,
Werk, Williams
NAYS -- None
Absent and excused -- Bunderson, Burkett, Davis, Goedde
Floor Sponsor - Stegner
Title apvd - to House
03/11 House intro - 1st rdg - to Transp
03/21 Rpt out - rec d/p - to 2nd rdg
03/24 2nd rdg - to 3rd rdg
03/27 3rd rdg - PASSED - 69-0-1
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,
Henbest(Bray), Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,
Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,
Moyle, Nacarrato, Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts,
Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail,
Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Skippen
Floor Sponsors - Ridinger & Douglas
Title apvd - to Senate
03/28 To enrol
03/31 Rpt enrol - Pres signed
04/01 Sp signed
04/02 To Governor
04/08 Governor signed
Session Law Chapter 251
Effective: Upon Governor entering order and
filing with SOS, calling or ordering ING to
state active duty or specified training or
07/01/03 whichever occurs first
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1137
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE STATE MILITIA; REPEALING SECTION 46-409, IDAHO CODE; AMENDING
3 CHAPTER 4, TITLE 46, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 46-409,
4 IDAHO CODE, TO DEFINE TERMS, TO PROVIDE THE MILITIA CIVIL RELIEF ACT AND
5 TO PROVIDE THAT THE ADJUTANT GENERAL OR HIS DESIGNEE SHALL BE RESPONSIBLE
6 TO EXECUTE CERTIFICATES OF SERVICE; AMENDING CHAPTER 37, TITLE 33, IDAHO
7 CODE, BY THE ADDITION OF A NEW SECTION 33-3719, IDAHO CODE, TO PROVIDE
8 DUTIES OF EDUCATIONAL INSTITUTIONS OF THIS STATE WHENEVER A STUDENT WHO IS
9 AN ACTIVE MEMBER OF THE IDAHO NATIONAL GUARD IS CALLED OR ORDERED TO STATE
10 ACTIVE DUTY FOR THIRTY CONSECUTIVE DAYS OR MORE; PROVIDING SEVERABILITY;
11 DECLARING AN EMERGENCY AND PROVIDING CONTINGENCIES FOR AN EFFECTIVE DATE.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 46-409, Idaho Code, be, and the same is hereby
14 repealed.
15 SECTION 2. That Chapter 4, Title 46, Idaho Code, be, and the same is
16 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
17 ignated as Section 46-409, Idaho Code, and to read as follows:
18 46-409. THE MILITIA CIVIL RELIEF ACT. (1) As used in this section, the
19 following terms have the following meanings:
20 (a) "Active member" means any member of the Idaho air or army national
21 guard who is called or ordered by the governor for thirty (30) consecutive
22 days or more to state active duty, or to duty other than for training
23 under title 32 U.S.C.
24 (b) "Be called or ordered by the governor" means to be called or ordered
25 by the governor for thirty (30) consecutive days or more to state active
26 duty or to duty other than for training under title 32 U.S.C.
27 (c) "Duty other than for training" means any state active duty or title
28 32 U.S.C. duty other than training unless training is required as part of
29 thirty (30) days of the consecutive duty upon the call or order of the
30 governor. Duty other than for training does not include weekend drill,
31 annual training (generally fifteen (15) days) as part of normal national
32 guard service, and does not include attendance at military schools unless
33 such attendance is required as part of, or occurs in conjunction with
34 thirty (30) days of consecutive duty upon the call or order of the gover-
35 nor.
36 (d) "Employee" means any person employed by a public or private employer.
37 (e) "Soldiers' and sailors' civil relief act (SSCRA)" means the provi-
38 sions of 50 App. U.S.C. section 501 et seq. which protects active military
39 service members.
40 (f) "State active duty" means any active duty performed for thirty (30)
41 consecutive days or more by an active member of the Idaho national guard
42 in accordance with this title when called or ordered by the governor.
2
1 (g) "Uniform services employment and reemployment rights act of 1994
2 (USERRA)" means the provisions of 38 U.S.C. section 4301 et seq., which
3 gives employees who leave a civilian job to perform military service the
4 right to return to the civilian job held before entering military service
5 with the rights to seniority, to purchase insurance coverage and purchase
6 retirement credit.
7 (2) Whenever any active member of the Idaho national guard in time of
8 war, armed conflict, or emergency proclaimed by the governor or by the presi-
9 dent of the United States, shall be called or ordered by the governor to state
10 active duty for a period of thirty (30) consecutive days or more, or to duty
11 other than for training pursuant to title 32 U.S.C., the provision as then in
12 effect of the soldiers' and sailors' civil relief act, 50 App. U.S.C. section
13 501 et seq., and the uniform services employment and reemployment rights act,
14 38 U.S.C. section 4301 et seq., shall apply.
15 (3) With reference to 50 App. U.S.C. section 581, the adjutant general or
16 his designee shall be responsible to execute certificates of service referred
17 to therein.
18 SECTION 3. That Chapter 37, Title 33, Idaho Code, be, and the same is
19 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
20 ignated as Section 33-3719, Idaho Code, and to read as follows:
21 33-3719. STUDENT CALLED TO ACTIVE DUTY. Whenever any active member of the
22 Idaho national guard is called or ordered by the governor to state active duty
23 for thirty (30) consecutive days or more, or to duty other than for training
24 pursuant to title 32, U.S.C., an educational institution in this state in
25 which the member is enrolled shall grant the member military leave of absence
26 from his education. Individuals on military leave of absence from their educa-
27 tional institution, upon release from military duty, shall be restored to the
28 educational status they had attained prior to their being ordered to military
29 duty without loss of academic credits earned, scholarships or grants awarded,
30 or tuition and other fees paid prior to the commencement of the military duty.
31 It shall be the duty of the educational institution to refund tuition or fees
32 or to credit the tuition, scholarships, grants and fees to the next academic
33 semester or term after the termination of the educational military leave of
34 absence at the option of the student.
35 SECTION 4. SEVERABILITY. The provisions of this act are hereby declared
36 to be severable and if any provision of this act or the application of such
37 provision to any person or circumstance is declared invalid for any reason,
38 such declaration shall not affect the validity of the remaining portions of
39 this act.
40 SECTION 5. An emergency existing therefor, which emergency is hereby
41 declared to exist, this act shall be in full force and effect when the Gover-
42 nor enters an order, and files it with the Secretary of State, calling or
43 ordering members of the Idaho National Guard to state active duty or to Title
44 32 U.S.C. duty other than for training as defined in Section 1 of this act, or
45 on July 1, 2003, whichever occurs first.
STATEMENT OF PURPOSE
RS 13039C1
This proposal rescinds the existing section I. C. 46-409 and
adds a new section I. C. 46-409, to provide a civil relief act
for members of the State National Guard ordered to "state active
duty" or for service within the state exceeding 30 days,
authorized under Title 32, United States Code, for duty other
than training.
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 NOTE S 1137