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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
]]]] 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
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