2008 Legislation
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HOUSE BILL NO. 339<br /> – State employee, military duty/leave

HOUSE BILL NO. 339

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Bill Status



H0339.........................................by TRANSPORTATION AND DEFENSE
MILITARY - Amends and repeals existing law to provide that the membership
requirements for the state militia be gender neutral; to delete obsolete
provisions of law relating to the state militia; and to allow national
guard or reservists who are state employees to have 120 hours off for
military service annually.

01/16    House intro - 1st rdg - to printing
01/17    Rpt prt - to Transp
01/29    Rpt out - rec d/p - to 2nd rdg
01/30    2nd rdg - to 3rd rdg
02/04    3rd rdg - PASSED - 68-0-2
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chavez, Chew,
      Clark, Collins, Crane, Durst, Hagedorn, Hart, Harwood, Henbest,
      Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
      Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
      Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo,
      Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
      Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27),
      Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Chadderdon, Eskridge
    Floor Sponsor - Hart
    Title apvd - to Senate
02/05    Senate intro - 1st rdg - to St Aff
03/03    Rpt out - rec d/p - to 2nd rdg
03/04    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Bair, Bastian, Bilyeu, Burkett, Cameron, Coiner,
      Corder, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond,
      Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
      Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Broadsword, Gannon
    Floor Sponsor - Jorgenson
    Title apvd - to House
03/07    To enrol
03/10    Rpt enrol - Sp signed
03/11    Pres signed - To Governor
03/17    Governor signed
         Session Law Chapter 126
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 339

                          BY TRANSPORTATION AND DEFENSE COMMITTEE

  1                                        AN ACT
  2    RELATING TO THE MILITIA; AMENDING SECTION 46-102, IDAHO CODE, TO PROVIDE  THAT
  3        THE  MEMBERSHIP REQUIREMENTS FOR THE STATE MILITIA SHALL BE GENDER NEUTRAL
  4        AND TO MAKE A TECHNICAL CORRECTION; REPEALING SECTION 46-105, IDAHO  CODE,
  5        RELATING TO APPOINTMENT AND ENLISTMENT OF FEMALE CITIZENS, SECTION 46-114,
  6        IDAHO  CODE, RELATING TO STAFF OFFICERS AND AIDES-DE-CAMP, SECTION 46-208,
  7        IDAHO CODE, RELATING TO ARREST OF OFFICERS AND ENLISTED PERSONNEL, SECTION
  8        46-209, RELATING TO PUNISHMENT  FOR  ORDERS  VIOLATIONS,  SECTION  46-302,
  9        IDAHO  CODE,  RELATING  TO EQUIPMENT FOR ENLISTED PERSONNEL AND PUNISHMENT
 10        FOR UNLAWFUL USE, SECTION 46-303, IDAHO CODE, RELATING TO PERSONAL RESPON-
 11        SIBILITY FOR MONEY AND PROPERTY, SECTION 46-304, IDAHO CODE,  RELATING  TO
 12        DISPOSAL  OF  EQUIPMENT,  SECTION  46-305, IDAHO CODE, RELATING TO LOST OR
 13        DAMAGED EQUIPMENT, SECTION 46-306, IDAHO CODE, RELATING TO LOSS OR  DAMAGE
 14        TO  PROPERTY, SECTION 46-307, IDAHO CODE, RELATING TO UNIFORMS PRESCRIBED,
 15        SECTION 46-309, IDAHO CODE, RELATING TO ALLOWANCE FOR  MILITARY  EXPENSES,
 16        SECTION  46-310,  IDAHO CODE, RELATING TO OFFICERS' ANNUAL ALLOWANCE, SEC-
 17        TION 46-603, IDAHO CODE, RELATING TO ACTIVE DUTY AND  THE  IDAHO  CODE  OF
 18        MILITARY  JUSTICE  IN  FORCE,  AND SECTION 46-610, IDAHO CODE, RELATING TO
 19        MILITARY MANEUVERS  AND  CAMPS  AND  COMPENSATION;  AND  AMENDING  SECTION
 20        46-216,  IDAHO  CODE,  TO  PROVIDE  THAT ALL OFFICERS AND EMPLOYEES OF THE
 21        STATE OF IDAHO WHO SHALL BE MEMBERS OF THE NATIONAL GUARD OR WHO SHALL  BE
 22        RESERVISTS  IN  THE  ARMED  FORCES OF THE UNITED STATES, SHALL BE ENTITLED
 23        EACH CALENDAR YEAR TO ONE  HUNDRED  TWENTY  HOURS  OF  MILITARY  LEAVE  OF
 24        ABSENCE  FROM  THEIR RESPECTIVE DUTIES WITHOUT LOSS OF PAY, TIME, OR EFFI-
 25        CIENCY RATING.

 26    Be It Enacted by the Legislature of the State of Idaho:

 27        SECTION 1.  That Section 46-102, Idaho Code, be, and the  same  is  hereby
 28    amended to read as follows:

 29        46-102.  STATE  MILITIA  --  MEMBERSHIP  -- EXEMPTIONS. The militia of the
 30    state of Idaho shall consist of all able-bodied male citizens  of  the  state,
 31    and  all other able-bodied males persons who have or shall have declared their
 32    intentions to become citizens of the United States and are  residents  of  the
 33    state  of Idaho; who shall be more than eighteen (18) years of age, and except
 34    as hereinafter provided, not more than forty-five (45) years of  age,  subject
 35    to the following exemptions:
 36        1.  Persons  exempted  from  service in the militia by the constitution of
 37    the state of Idaho and by the laws of the United  States  from  enlistment  or
 38    draft  into  the  regular army. Provided, however, that voluntary enlistments,
 39    with the written consent of the parent or guardian  of  any  able-bodied  male
 40    citizens over the age of sixteen (16) years may be accepted and such enlistees
 41    inducted  into the organized militia of the state of Idaho in time of war, and
 42    as classified in section 46-103, Idaho Code, except that the provision for the
 43    enlistment of able-bodied male citizens under the age of eighteen  (18)  years

                                       2

  1    will terminate six (6) months following the declaration of peace.

  2        SECTION  2.  That Sections 46-105, 46-114, 46-208, 46-209, 46-302, 46-303,
  3    46-304, 46-305, 46-306, 46-307, 46-309,  46-310,  46-603  and  46-610,   Idaho
  4    Code, be, and the same are hereby repealed.

  5        SECTION  3.  That  Section  46-216, Idaho Code, be, and the same is hereby
  6    amended to read as follows:

  7        46-216.  LEAVE OF ABSENCE FROM REGULAR DUTIES FOR MILITARY DUTY. All offi-
  8    cers and employees of the state of Idaho who shall be members of the  national
  9    guard  or  who  shall  be reservists in the armed forces of the United States,
 10    shall be entitled each calendar year to fifteen (15) days one  hundred  twenty
 11    (120)  hours of military leave of absence from their respective duties without
 12    loss of pay, time, or efficiency rating during which they shall be engaged  in
 13    military duty ordered or authorized under the provisions of law.

Statement of Purpose / Fiscal Impact



                          STATEMENT OF PURPOSE

                                RS 17421

Correct problems in Title 46 by the deletion of old and obsolete 
provisions.





                               FISCAL NOTE

None.





CONTACT
Name:	David Dahle
Agency:	Military Division
Phone:	272-5474


STATEMENT OF PURPOSE/FISCAL NOTE	                   H 339