BILL NUMBER: S5441
SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:
An act to amend the military law, in relation to employment protections
during the performance of state active duty by members of the national
guard
 
PURPOSE:
The purpose of this bill is to provide employment protections during the
performance of state active duty by members of the National Guard.
 
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 1 of section 301 of the military law to
change the definition of "military service".
Section 2 amends Section 317 of the military law to provide protections
for members of the National Guard while performing state active duty.
Section 3 is the enacting clause.
 
JUSTIFICATION:
This bill would strengthen enforcement mechanisms and protect employment
rights for members of the National Guard. The Uniformed Services Employ-
ment and Reemployment Rights Act does not apply when a National Guard
member is called up by the governor to serve state active duty to
respond to state emergencies such as fires, hurricanes, tornadoes, and
floods. Therefore, these increased protections are necessary to effec-
tively protect the service members of the National Guard. This bill
would further protect members who bravely answer the call to duty when
they are needed.
 
LEGISLATIVE HISTORY:
2022: Passed Senate
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S5441: 301 military law, 301(1) military law