TITLE 46

MILITIA AND MILITARY AFFAIRS

CHAPTER 4

IMMUNITIES AND PRIVILEGES

46-409.  The militia civil relief act. (1) As used in this section, the following terms have the following meanings:

(a)  "Active member" means any member of the air or army national guard who is called or ordered by the governor to state active duty, or to duty other than for training under title 32 U.S.C., or ordered by competent federal authority into active federal service under title 10 U.S.C.

(b)  "Be called or ordered by the governor" means to be called or ordered by the governor to state active duty or to duty other than for training under title 32 U.S.C.

(c)  "Duty other than for training" means any state active duty or title 32 U.S.C. duty other than training upon the call or order of the governor, or active federal service under title 10 U.S.C. Duty other than for training does not include weekend drill, annual training (generally fifteen (15) days) as part of normal national guard service, and does not include attendance at military schools.

(d)  "Employee" means any person employed by a public or private employer.

(e)  "Servicemembers civil relief act (SCRA)" means the provisions of 50 U.S.C. App. section 3901 et seq., which protects active military service members.

(f)  "State active duty" means any active duty performed by an active member of the national guard in accordance with this title when called or ordered by the governor.

(g)  "Uniformed services employment and reemployment rights act of 1994 (USERRA)" means the provisions of 38 U.S.C. section 4301 et seq., which gives employees who leave a civilian job to perform military service the right to return to the civilian job held before entering military service with the rights to seniority, to purchase insurance coverage and purchase retirement credit.

(2)  Whenever any active member of the national guard in time of war, armed conflict, or emergency proclaimed by a governor or by the president of the United States, shall be called or ordered by a governor to state active duty, or to duty other than for training pursuant to title 32 U.S.C., the provision as then in effect of the servicemembers civil relief act, 50 U.S.C. App. section 3901 et seq., and the uniformed services employment and reemployment rights act, 38 U.S.C. section 4301 et seq., shall apply.

(3)  With reference to 50 U.S.C. App. section 4012, the adjutant general or his designee shall be responsible to execute certificates of service referred to therein.

History:

[46-409, added 2003, ch. 251, sec. 2, p. 650; am. 2004, ch. 59, sec. 1, p. 277; am. 2007, ch. 276, sec. 2, p. 806; am. 2016, ch. 122, sec. 1, p. 355.]