2003 Legislation
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SENATE BILL NO. 1137 – Militia, civil relief act

SENATE BILL NO. 1137

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact



                       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