THE SENATE

S.B. NO.

2489

TWENTY-SIXTH LEGISLATURE, 2012

S.D. 2

STATE OF HAWAII

H.D. 2

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE MILITIA.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Section 121-30, Hawaii Revised Statutes, is amended to read as follows:

"121-30 Order to active service. (a) In case of war, insurrection, invasion, riot, or imminent danger thereof[, or]; a public disaster or danger from flood, fire, storm, earthquake, civil disturbances, or terrorist events thereof; any forcible obstruction to the execution of the laws, or reasonable apprehension thereof[,]; or for assistance to civil authorities in disaster relief or civil defense, the governor may order the national guard or other component of the militia or any part thereof into active service. The governor or the governor's designated representative [also] may also order the national guard into active service [in]:

(1) In nonemergency situations for duty and training in addition to the drill and instruction required by section 121-28[.];

(2) To provide support to other states in response to a request for assistance under the Emergency Management Assistance Compact under chapter 128F; and

(3) To detect, prevent, prepare for, investigate, respond to, or recover from any of the events for which an order to active service may be made.

(b) The adjutant general may order the national guard or other component of the militia or any part thereof into active service for nonemergency purposes that are necessary and attendant to the mission of the department of defense."

SECTION 2. Section 121-43, Hawaii Revised Statutes, is amended to read as follows:

"[[]121-43[]] Nonforfeiture for absence. (a) Every employee of a private employer who is a member of the national guard shall be entitled to absent oneself from the employee's employment duties while engaged in the performance of ordered national guard service and while going to and returning from such service. [Such] The person shall:

(1) If still qualified to perform the person's employment duties, be restored by [such] the employer or the employer's successor in interest to [such] the position or to a position of like seniority, status, and pay; or

(2) If not qualified to perform the person's employment duties, by reason of disability sustained during ordered national guard service, but qualified to perform the duties of any other position in the employ of [such] the employer or the employer's successor in interest, be offered employment and, if [such] the person so requests, be employed by [such] the employer or the employer's successor in interest in such other position the duties of which [such] the person is qualified to perform as will provide [such] the person like seniority, status, and pay, or the nearest approximation thereof consistent with the circumstances in [such] the person's case,

unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so.

(b) (1) Any person who is restored to or employed in a position in accordance with the provisions of subsection (a) shall be considered as having been on furlough or leave of absence; shall be so restored or reemployed without loss of seniority; shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time [such] the person was ordered to national guard service; and shall not be discharged from such employment position without cause within one year after such restoration or reemployment[.];

(2) Any person who is restored to or employed in a position in accordance with the provisions of subsection (a) should be so restored or reemployed in such manner as to give [such] the person such status in the person's employment as the person would have enjoyed if [such] the person had continued in such employment continuously from the time [such] the person became engaged in the performance of ordered national guard service until the time of [such] the person's restoration to such employment, or reemployment[.]; and

(3) Any person who holds a position described in subsection (a) shall not be denied retention in employment or any promotion or other incident or advantage of employment because of any obligation as a member of the national guard.

(c) The rights granted to members of the national guard shall be in addition to the rights granted to them by federal law, including the Servicemembers Civil Relief Act (50 U.S.C. App. section 501 et seq., as amended) and the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. section 4301 et seq., as amended). The Uniformed Services Employment and Reemployment Rights Act and any subsequent federal law governing reemployment of a member of the national guard, are incorporated into this section by reference.

(d) Any right, benefit, or protection that may accrue to a member of the national guard under the Uniformed Services Employment and Reemployment Rights Act as a result of an order to military duty under Titles 10 or 32 of the United States Code shall be extended to a member of the national guard who is called to state active duty for any period of time by the governor. The Servicemembers Civil Relief Act is incorporated into this section by reference.

(e) Any right, benefit, or protection that may accrue to a member of the national guard as a result of an order to military duty under Titles 10 or 32 of the United States Code shall be extended to a member of the national guard who is called to state active duty by the governor, if the orders are for ten consecutive days or longer."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2012.



 

Report Title:

Public Safety; National Guard

 

Description:

Allows the Adjutant General to order the National Guard into active service for nonemergency purposes that are necessary and attendant to the mission of the Department of Defense. Expands the powers of the Governor and Governor's designee in calling the National Guard into active duty. Expands the rights granted to National Guard members to incorporate rights granted under the Servicemembers Civil Relief Act and the Uniformed Services Employment and Reemployment Rights Act. Effective July 1, 2012. (SB2489 HD2)

 

 

 

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