View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
H0055aa.......................................by TRANSPORTATION AND DEFENSE
NATIONAL GUARD - Amends existing law relating to the National Guard to
provide reemployment rights for an Idaho employee who is a member of the
National Guard of another state and who is called into active service by
the governor of that state; to revise definitions; and to provide for an
emergency proclamation by a governor.
01/25 House intro - 1st rdg - to printing
01/26 Rpt prt - to Transp
02/23 Rpt out - to Gen Ord
02/27 Rpt out amen - to engros
02/28 Rpt engros - 1st rdg - to 2nd rdg as amen
03/01 2nd rdg - to 3rd rdg as amen
03/05 3rd rdg as amen - PASSED - 67-0-3
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
Lake, LeFavour, Loertscher, Luker, Marriott, Mortimer, Moyle,
Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring,
Ringo, Roberts, Ruchti, Rusche, Schaefer, Shepherd(2), Shepherd(8),
Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn,
Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Mathews, McGeachin, Sayler
Floor Sponsor - Hagedorn
Title apvd - to Senate
03/06 Senate intro - 1st rdg - to St Aff
03/21 Rpt out - rec d/p - to 2nd rdg
03/22 2nd rdg - to 3rd rdg
Rls susp - PASSED - 35-0-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- None
Floor Sponsor - Jorgenson
Title apvd - to House
03/23 To enrol - Rpt enrol - Sp signed - Pres signed
03/26 To Governor
03/30 Governor signed
Session Law Chapter 276
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 55
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO THE NATIONAL GUARD; AMENDING SECTION 46-407, IDAHO CODE, TO PRO-
3 VIDE REEMPLOYMENT RIGHTS FOR AN IDAHO EMPLOYEE WHO IS A MEMBER OF THE
4 NATIONAL GUARD OF ANOTHER STATE AND WHO IS CALLED INTO ACTIVE SERVICE BY
5 THE GOVERNOR OF THAT STATE.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 46-407, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 46-407. REEMPLOYMENT RIGHTS. (a) Any member of the Idaho national guard
10 who is ordered to duty by the governor, or any Idaho employee who is a member
11 of the national guard of another state and who is called into active service
12 by the governor of that state, and who at the time of such order to duty is
13 employed by any employer other than the United States government, shall be
14 entitled to reemployment upon release from duty, provided that:
15 (1) The position in which he was employed was not a temporary position;
16 (2) His release from duty was under honorable conditions;
17 (3) He remains physically qualified for employment;
18 (4) The period of duty did not exceed one (1) year; and
19 (5) Application for reemployment is made within thirty (30) days subse-
20 quent to release from duty as set forth in section 46-409, Idaho Code.
21 (b) If the member is still qualified to perform the duties of the posi-
22 tion he held at the time of the order to duty, he shall be restored by the
23 employer or the employer's successor in interest to that position or one of
24 like seniority, status and pay. If the member is not qualified to perform the
25 duties of such position by reason of disability sustained during the period of
26 duty, but is qualified to perform the duties of any other positions in the
27 employ of the employer, then the employer must offer the member that position
28 which he is qualified to perform which is most similar to his former position
29 in seniority, status and pay.
30 (c) Any person who is reemployed under this section shall not be dis-
31 charged without cause within one (1) year after such reemployment.
32 (d) If any employer fails or refuses to comply with this section, the
33 district court in the county in which the member was employed shall have the
34 power, upon petition by the member, to compel the employer to comply with this
35 section and to compensate the member for lost wages and benefits, for costs of
36 the action, and for reasonable attorney's fees. The court shall order a speedy
37 hearing in any such case and advance it on the calendar.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
Moved by Wills
Seconded by Mortimer
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 55
1 AMENDMENT TO BILL
2 On page 1 of the printed bill, following line 37, insert:
3 "SECTION 2. That Section 46-409, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 46-409. THE MILITIA CIVIL RELIEF ACT. (1) As used in this section, the
6 following terms have the following meanings:
7 (a) "Active member" means any member of the Idaho air or army national
8 guard who is called or ordered by the governor for thirty (30) consecutive
9 days or more to state active duty, or to duty other than for training
10 under title 32 U.S.C., or ordered by competent federal authority into
11 active federal service under title 10 U.S.C. for thirty (30) consecutive
12 days or more.
13 (b) "Be called or ordered by the governor" means to be called or ordered
14 by the governor for thirty (30) consecutive days or more to state active
15 duty or to duty other than for training under title 32 U.S.C.
16 (c) "Duty other than for training" means any state active duty or title
17 32 U.S.C. duty other than training unless training is required as part of
18 thirty (30) days of the consecutive duty upon the call or order of the
19 governor, or active federal service under title 10 U.S.C. Duty other than
20 for training does not include weekend drill, annual training (generally
21 fifteen (15) days) as part of normal national guard service, and does not
22 include attendance at military schools unless such attendance is required
23 as part of, or occurs in conjunction with thirty (30) days of consecutive
24 duty upon the call or order of the governor, or by order of competent fed-
25 eral authority.
26 (d) "Employee" means any person employed by a public or private employer.
27 (e) "Soldiers' and sailors' civil relief act (SSCRA)" means the provi-
28 sions of 50 App. U.S.C. section 501 et seq. which protects active military
29 service members.
30 (f) "State active duty" means any active duty performed for thirty (30)
31 consecutive days or more by an active member of the Idaho national guard
32 in accordance with this title when called or ordered by the governor.
33 (g) "Uniform services employment and reemployment rights act of 1994
34 (USERRA)" means the provisions of 38 U.S.C. section 4301 et seq., which
35 gives employees who leave a civilian job to perform military service the
36 right to return to the civilian job held before entering military service
37 with the rights to seniority, to purchase insurance coverage and purchase
38 retirement credit.
39 (2) Whenever any active member of the Idaho national guard in time of
40 war, armed conflict, or emergency proclaimed by the a governor or by the pres-
41 ident of the United States, shall be called or ordered by the a governor to
2
1 state active duty for a period of thirty (30) consecutive days or more, or to
2 duty other than for training pursuant to title 32 U.S.C., the provision as
3 then in effect of the soldiers' and sailors' civil relief act, 50 App. U.S.C.
4 section 501 et seq., and the uniform services employment and reemployment
5 rights act, 38 U.S.C. section 4301 et seq., shall apply.
6 (3) With reference to 50 App. U.S.C. section 581, the adjutant general or
7 his designee shall be responsible to execute certificates of service referred
8 to therein.".
9 CORRECTIONS TO TITLE
10 On page 1, in line 5, following "STATE" insert: "; AND AMENDING SECTION
11 46-409, IDAHO CODE, TO REVISE DEFINITIONS, TO DELETE THE WORD "IDAHO," TO PRO-
12 VIDE FOR AN EMERGENCY PROCLAMATION BY A GOVERNOR AND TO PROVIDE FOR ORDERING
13 TO ACTIVE DUTY BY A GOVERNOR".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 55, As Amended
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO THE NATIONAL GUARD; AMENDING SECTION 46-407, IDAHO CODE, TO PRO-
3 VIDE REEMPLOYMENT RIGHTS FOR AN IDAHO EMPLOYEE WHO IS A MEMBER OF THE
4 NATIONAL GUARD OF ANOTHER STATE AND WHO IS CALLED INTO ACTIVE SERVICE BY
5 THE GOVERNOR OF THAT STATE; AND AMENDING SECTION 46-409, IDAHO CODE, TO
6 REVISE DEFINITIONS, TO DELETE THE WORD "IDAHO," TO PROVIDE FOR AN EMER-
7 GENCY PROCLAMATION BY A GOVERNOR AND TO PROVIDE FOR ORDERING TO ACTIVE
8 DUTY BY A GOVERNOR.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 46-407, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 46-407. REEMPLOYMENT RIGHTS. (a) Any member of the Idaho national guard
13 who is ordered to duty by the governor, or any Idaho employee who is a member
14 of the national guard of another state and who is called into active service
15 by the governor of that state, and who at the time of such order to duty is
16 employed by any employer other than the United States government, shall be
17 entitled to reemployment upon release from duty, provided that:
18 (1) The position in which he was employed was not a temporary position;
19 (2) His release from duty was under honorable conditions;
20 (3) He remains physically qualified for employment;
21 (4) The period of duty did not exceed one (1) year; and
22 (5) Application for reemployment is made within thirty (30) days subse-
23 quent to release from duty as set forth in section 46-409, Idaho Code.
24 (b) If the member is still qualified to perform the duties of the posi-
25 tion he held at the time of the order to duty, he shall be restored by the
26 employer or the employer's successor in interest to that position or one of
27 like seniority, status and pay. If the member is not qualified to perform the
28 duties of such position by reason of disability sustained during the period of
29 duty, but is qualified to perform the duties of any other positions in the
30 employ of the employer, then the employer must offer the member that position
31 which he is qualified to perform which is most similar to his former position
32 in seniority, status and pay.
33 (c) Any person who is reemployed under this section shall not be dis-
34 charged without cause within one (1) year after such reemployment.
35 (d) If any employer fails or refuses to comply with this section, the
36 district court in the county in which the member was employed shall have the
37 power, upon petition by the member, to compel the employer to comply with this
38 section and to compensate the member for lost wages and benefits, for costs of
39 the action, and for reasonable attorney's fees. The court shall order a speedy
40 hearing in any such case and advance it on the calendar.
41 SECTION 2. That Section 46-409, Idaho Code, be, and the same is hereby
42 amended to read as follows:
2
1 46-409. THE MILITIA CIVIL RELIEF ACT. (1) As used in this section, the
2 following terms have the following meanings:
3 (a) "Active member" means any member of the Idaho air or army national
4 guard who is called or ordered by the governor for thirty (30) consecutive
5 days or more to state active duty, or to duty other than for training
6 under title 32 U.S.C., or ordered by competent federal authority into
7 active federal service under title 10 U.S.C. for thirty (30) consecutive
8 days or more.
9 (b) "Be called or ordered by the governor" means to be called or ordered
10 by the governor for thirty (30) consecutive days or more to state active
11 duty or to duty other than for training under title 32 U.S.C.
12 (c) "Duty other than for training" means any state active duty or title
13 32 U.S.C. duty other than training unless training is required as part of
14 thirty (30) days of the consecutive duty upon the call or order of the
15 governor, or active federal service under title 10 U.S.C. Duty other than
16 for training does not include weekend drill, annual training (generally
17 fifteen (15) days) as part of normal national guard service, and does not
18 include attendance at military schools unless such attendance is required
19 as part of, or occurs in conjunction with thirty (30) days of consecutive
20 duty upon the call or order of the governor, or by order of competent fed-
21 eral authority.
22 (d) "Employee" means any person employed by a public or private employer.
23 (e) "Soldiers' and sailors' civil relief act (SSCRA)" means the provi-
24 sions of 50 App. U.S.C. section 501 et seq. which protects active military
25 service members.
26 (f) "State active duty" means any active duty performed for thirty (30)
27 consecutive days or more by an active member of the Idaho national guard
28 in accordance with this title when called or ordered by the governor.
29 (g) "Uniform services employment and reemployment rights act of 1994
30 (USERRA)" means the provisions of 38 U.S.C. section 4301 et seq., which
31 gives employees who leave a civilian job to perform military service the
32 right to return to the civilian job held before entering military service
33 with the rights to seniority, to purchase insurance coverage and purchase
34 retirement credit.
35 (2) Whenever any active member of the Idaho national guard in time of
36 war, armed conflict, or emergency proclaimed by the a governor or by the pres-
37 ident of the United States, shall be called or ordered by the a governor to
38 state active duty for a period of thirty (30) consecutive days or more, or to
39 duty other than for training pursuant to title 32 U.S.C., the provision as
40 then in effect of the soldiers' and sailors' civil relief act, 50 App. U.S.C.
41 section 501 et seq., and the uniform services employment and reemployment
42 rights act, 38 U.S.C. section 4301 et seq., shall apply.
43 (3) With reference to 50 App. U.S.C. section 581, the adjutant general or
44 his designee shall be responsible to execute certificates of service referred
45 to therein.
STATEMENT OF PURPOSE
RS 16656
This proposal amends the existing section I.C. 46-407 to extend
employment protections previously given to members of the state
National Guard, to Idaho employees who belong to the National Guard
of another state, when called to State Active Duty by the National
Guard of another state.
FISCAL NOTE
There is no fiscal impact from this proposal.
CONTACT
Name: David Dahle
Agency: Military Division
Phone: 422-5474
STATEMENT OF PURPOSE/FISCAL NOTE H 55