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2003 Pending Legislation

New York
S.B. 159
http://assembly.state.ny.us/leg/?bn=S00159&sh=t
Authorizes an additional 60 days or 52 working days military leave for public employees who are absent on military duty; such leave to be in addition to any leave authorized for such employees in state contract.

Virginia
H.B. 241
http://leg1.state.va.us/cgi-bin/legp504.exe?021+ful+HB241
Excludes military disability benefits from offsetting the amount of disability benefits due state employees.
 

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2002 Enacted Legislation

California
A.B. 1850
Chaptered by secretary of state 9/902, Chapter 417
http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_1801-1850/ab_1850_bill_20020909_chaptered.html
Provides that officers, warrant officers, and enlisted men and women on active duty in the service of the state shall be eligible for health care benefits 30 days after being called to active duty.

A.B. 2428
Chaptered by secretary of state 9/9/02, Chapter 419
http://www.leginfo.ca.gov/pub/bill/asm/ab_2401-2450/ab_2428_bill_20020909_chaptered.html
Includes within the definition of veteran, for the purposes of the various programs bestowing benefits upon veterans, any member of the reserves or National Guard who is called to active duty during any period when a presidential executive order specifies that the United States is engaged in homeland defense. Revises that definition with regard to "active duty" or "active service." Includes within the definition of veteran, for the purposes of veterans benefits generally, including, but not limited to, educational assistance and farm and home purchase, any person who qualifies for funds made available from a qualified mortgage revenue bond issued pursuant to a specified federal law and is, at the time of application for Cal-Vet benefits, a member of the California National Guard or a reserve component of any branch of the United States armed forces who meets specified conditions.

S.B. 711
Chaptered by secretary of state 05/13/02, Chapter 5
http://www.leginfo.ca.gov/pub/bill/sen/sb_0701-0750/sb_711_bill_20020213_chaptered.html
Provides that a state employee who is a member of the California National Guard or a United States Military Reserve organization shall receive compensation benefits for a period not to exceed 365 days if he or she is ordered to serve on active duty on and after September 11, 2001, as a result of the war on terrorism.

Delaware
S.B. 272
Signed by governor 8/12/02
http://www.legis.state.de.us/LIS/LIS141.NSF/fsHTML/?openframeset
Protects those state employees and school district employees who take military leave in order to serve in connection with Operation Noble Eagle or Operation Enduring Freedom, by assuring that such employees will continue to receive state compensation (less military service compensation) for time served on active duty. (Presently, such compensation is available only for employees who served in Operation Desert Shield or Operation Desert Storm.)

Georgia
H.B. 1236
Signed by governor 5/15/02
http://www.legis.state.ga.us/Legis/2001_02/fulltext/hb1236.htm
Relates to rights of public officers and employees absent on military duty as members of the organized militia or reserve forces, so as to change certain provisions relating to pay for 18 days and emergency pay; authorizes counties, municipalities, and other political subdivisions to provide pay for its public officers and employees during extended periods of service.

H.B. 1405
Signed by governor 5/15/02
http://www.legis.state.ga.us/Legis/2001_02/fulltext/hb1405.htm
Relates to rights of public officers and employees absent on military duty as members of organized militia or reserve forces, so as to authorize a salary differential for citizen soldiers who are public officers or employees.

Idaho
H.B. 518
Signed by governor 3/19/02, Chapter 101
http://www3.state.id.us/oasis/H0518.html
Adds to existing law to provide a stay of civil proceedings where National Guard members are called into state active duty.

Illinois
H.B. 2742
Signed by governor 2/7/03, Public Act 92-0886
http://www.legis.state.il.us/legislation/legisnet92/hbgroups/hb/920HB2742LV.html
Amends the Illinois Income Tax Act to create the Illinois Military Family Relief Fund checkoff. Provides that the Department of Revenue shall print on its standard individual income tax form a provision indicating that if the taxpayer wishes to contribute to the Illinois Military Family Relief Fund, he or she may do so by stating the amount of the contribution on the return and that the contribution will reduce the taxpayer's refund or increase the amount of payment to accompany the return. Amends the Military Code of Illinois. Provides that, subject to appropriation, the Department of Military Affairs shall have the power to make grants from the Illinois Military Family Relief Fund to families of persons who are members of the Illinois National Guard or Illinois residents who are members of the reserves of the armed forces of the United States and who have been called to active duty as a result of the September 11, 2001 terrorist attacks. Provides that the Department of Military Affairs shall establish eligibility criteria for the grants by rule. Amends the State Finance Act to create the Illinois Military Family Relief Fund.

H.B. 3672
Signed by governor 7/16/02, Public Act 92-0660
http://www.legis.state.il.us/publicacts/pubact92/acts/92-0660.html
Amends the School Code. In a provision concerning a school board employee being mobilized to active military duty, removes the requirement that the mobilization be a result of an order of the President of the United States. Provides that the active military duty shall not result in the loss or diminishment of any employment benefit, service credit, or status accrued at the time the duty commenced if the duty commenced on or after September 1, 2001.

H.B. 4457
Signed by governor 7/24/02, Public Act 92-716
http://www.legis.state.il.us/publicacts/pubact92/acts/92-0716.html
Adds provisions for reemployment rights of members of the Illinois National Guard who are on state active duty, including the right of a National Guard member to reemployment in the position that he or she left, with the same increases in status, seniority, and wages that were earned during the member's period of state active duty by persons in like positions. Provides for rights in connection with health insurance and other employment benefits. Provides for a stay of prosecution of civil proceedings and for rights in connection with school attendance and tuition.

Indiana
S.C.R. 4
Passed 01/30/02
http://www.in.gov/legislative/bills/2002/SRESF/SC0004.html
Urges employers to support employees serving in reserve units and in the National Guard.

Kansas
S.B. 627
Signed by governor 4/23/02
http://www.kslegislature.org/cgi-bin/fulltext/bills.cgi/bill/2002/3uktbzyvLiuA+6DmXyPf3g/627.pdf
Provides guard members called to state active duty for more than 30 days reimbursement for the cost of their privately purchased or employer-provided health insurance. Reimbursement would be granted for both single and family health insurance plans. Provides an income tax credit equal to what a guard member or his or her employer would pay for health insurance while on state active duty for more than 30 days. This tax credit could be claimed only if the guard member's employer is not required to pay for health insurance. The tax credit would be effective for tax years after December 31, 2001.

Kentucky
H.B. 720
Signed by governor 4/11/02, Chapter 321
http://www.lrc.state.ky.us/record/02rs/HB720.htm
Creates a new section of KRS Chapter 38 to extend the rights, benefits, or protections of the Federal Soldiers' and Sailors' Civil Relief Act of 1940 to members of the Kentucky National Guard called up for active duty under Title 32 of the U. S. Code, or by the governor, providing the active duty orders are for thirty days or more.

Louisiana
H.B. 15, First Extraordinary Session
Signed by governor 4/18/02, Act 57
http://www.legis.state.la.us/leg_docs/021ES/CVT3/OUT/0000JJ1E.PDF
Provides for benefits and rights of persons called to service in the uniformed services; provides for applicability; provides for notice requirements; provides for reemployment rights of persons called to duty in the National Guard of this state and of any other state; defines certain terms under the Military Service Relief Act.

Maryland
H.B. 1444
Signed by governor 4/25/02, Chapter 285
http://mlis.state.md.us/2002rs/billfile/HB1444.htm
Authorizes the secretary of Budget and Management to grant leave from the State Employees' Leave Bank to specified employees who have been ordered into active service on or after September 11, 2001; authorizes the secretary to provide in regulation for leave with pay for specified state employees on active military duty; requires the Department of Budget and Management to report to the governor and the General Assembly by January 15, 2003; and provides for the termination of specified provisions.

Michigan
S.B. 994
Signed by governor 4/9/02, Act 121
http://michiganlegislature.org/documents/2001-2002/publicact/htm/2002-PA-0121.htm
Provides for the granting of military leaves and providing reemployment protection for officers and enlisted men of the military or naval forces of the state or of the United States.

Missouri
H.B. 1822
Signed by governor 6/28/02
http://www.house.state.mo.us/bills02/biltxt02/truly02/HB1822T.HTM
Changes the maximum military leave available to state employees from 15 days per year to 120 hours per year. The employee will only be charged military leave for the hours he or she would have been required to work if not on military leave.

Nebraska
L.B. 722
Signed by governor 4/19/02
http://www.unicam.state.ne.us/Legal/SLIP_LB722.pdf
Changes and eliminates provisions relating to absence from employment for military purposes; changes provisions relating to penalties as prescribed.

New Hampshire
S.B. 446
Signed by governor 5/3/02, Chapter 82
http://gencourt.state.nh.us/legislation/2002/SB0446.html
Provides protection from discrimination in employment and re-employment for New Hampshire National Guard members called to state active duty. Contains provisions for the same civil relief, rights, defenses, benefits, and protections for New Hampshire National Guard members called to state active duty for a period of 30 days or more as are provided for federal military service.

Oklahoma
H.B. 2264
Signed by governor 5/24/02
Relates to public officers and employees; requires certain compensation for officers and employees of the state called to active service for Operation Enduring Freedom.

Pennsylvania
H.B. 1520
Signed by governor 4/2/02, Act 20
http://www.legis.state.pa.us/WU01/LI/BI/BT/2001/0/HB1520P2684.HTM
Extends benefits for the payment of death benefits to the surviving spouse or children or parents of certain National Guard members killed in the performance of their duties.

H.B. 1900
Signed by governor 12/9/02, Act 169
http://www.legis.state.pa.us/WU01/LI/BI/BT/2001/0/HB1900P3864.HTM
Provides for unemployment compensation benefits for members of the National Guard or a reserve component of the armed forces for active military duty.

South Dakota
S.B. 144
Signed by governor 2/27/02
http://legis.state.sd.us/sessions/2002/bills/SB144enr.htm
Provides certain financial and employment protections to members of the South Dakota National Guard.

Virginia
H.B. 536
Signed by governor 3/22/02, Chapter 212
http://leg1.state.va.us/cgi-bin/legp504.exe?021+ful+CHAP0212
Provides that any local government may pay an employee when activated for federally funded military duty all or any portion of the difference between his regular pay and the military pay received during all or any part of the term of active federally funded duty.

H.B. 1372
Signed by governor 4/1/02, Chapter 354
http://leg1.state.va.us/cgi-bin/legp504.exe?021+ful+CHAP0354
Guarantees a member of the Virginia National Guard, Virginia State Defense Force or naval militia called to active state duty by the Governor the right to take leave without pay from his civilian employment. Guarantees that, after his service, if the employee is still qualified for his previous employment, he shall be immediately restored to his previous position or to a position of like seniority, status and salary, unless the employer's circumstances now make the restoration unreasonable and that if the employee is no longer qualified for his previous position, he shall be placed in another position, for which he is qualified, and that will give him appropriate seniority, status and salary, unless the employer's circumstances now make the placement unreasonable.

H.J.R. 252
Passed by both houses 3/15/02
http://leg1.state.va.us/cgi-bin/legp504.exe?021+ful+HJ252ER
Encourages employers to continue salary compensation and employee benefits for members of the Virginia National Guard and any reserve components of the armed forces of the United States during Operation Enduring Freedom, the military action launched in response to the September 11, 2001 terrorist attacks.

West Virginia
H.B. 4119
Signed by governor 4/2/02, Chapter 193
Allows a waiver of annual in-service training for law-enforcement officers called into armed forces, National Guard or reserve active duty.

S.B. 497
Signed by governor 4/2/02, Chapter 316
Relates to unemployment compensation; makes provisions regarding appointed election officials, state National Guard members, and National Guard members.

S.B. 547
Signed by governor 3/29/02, Chapter 37
Provides monthly administrative allowance for certain National Guard members.
 

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2002 Pending Legislation

S.B. 107
http://alisdb.legislature.state.al.us/acas/ACASLogin.asp
Provides for government employees who are activated in their armed forces National Guard or reserve units by the President of the United States in the service of the state to also receive an additional 21 days of paid military leave.

S.B. 244
http://alisdb.legislature.state.al.us/acas/ACASLogin.asp
Relates to certain public and private employees called to active duty in the armed forces of the United States; requires the state to pay certain compensation for a certain period of time to state employees activated for military service during a certain period; authorizes local governing bodies and other local governmental entities to provide certain compensation for a certain period to their employees who are activated for certain military service; provides certain tax deductions for private employers who provide certain compensation for a certain period to their employees activated for certain military service; provides for continuation of health insurance coverage and pre-retirement death benefit coverage for activated public employees; and provides for this act to terminate on December 31, 2003.

S.B. 270
http://alisdb.legislature.state.al.us/acas/ACASLogin.asp
Grants a military leave of absence to an employee who is drafted into military service and would provide for expiration of that leave. Provides that an employee has the right to return to his or her employment at any time prior to the expiration of his or her military leave of absence. Provides that any employee who is a member of a retirement system and who is granted a military leave of absence would be entitled to either continue making regular payments to the retirement fund or could discontinue making payments during the period of his or her military leave of absence. Makes it unlawful for any employer to refuse to hire an individual because of his or her membership in the Alabama National Guard or any other reserve components of the armed forces of the United States, because he or she is called or ordered to active state duty or special state duty by the governor or because he or she is called to active duty by the federal government. Authorizes minors who are at least 17 years of age and who is eligible for guaranty or insurance of a loan under the "Servicemen's Readjustment Act of 1944," and the minor spouse of any person who is eligible to contract in this state for loan or loans guaranteed by the United States, and would authorize the minor to execute any documents incident to the contract. Prohibits the eviction of a member of the Alabama National Guard or any other reserve component of the armed forces of the United States who has been called to active duty or the member's family or dependents except upon leave of court. Requires educational institutions to restore members of the Alabama National Guard or any other reserve component of the armed forces of the United States who have been called to active duty to the educational status they had before being called to active duty. Allows a member of the Alabama National Guard or any other reserve component of the armed forces of the United States to terminate and cancel without cost, payment, or penalty any lease for premises occupied by the member for dwelling, professional, business, or agricultural or any lease for an automobile or other tangible personal property. Allows a member of the Alabama National Guard or any other reserve component of the armed forces of the United States to defer motor vehicle insurance coverage during the period of active duty if the vehicle will not be operated during his or her absence on active duty.

California
A.B. 979
http://www.leginfo.ca.gov/pub/bill/asm/ab_0951-1000/ab_979_bill_20020822_amended_sen.html
Entitles any certificated or classified employee of a school district or community college district or any other local agency, who, as a member of the California National Guard or a United States Military Reserve organization, was called up to active military duty as a result of the War on Terrorism or another operational mission or national emergency, to receive for a period not to exceed 365 or 180 days while on active military duty, as specified, as part of his or her compensation from his or her employer, any benefits he or she would have received, as specified. Requires, if the employee does not return to the service of the employer after being released from active duty, that the compensation be treated as a loan payable with interest at the rate earned on the Pooled Money Investment Account. Excuses members and participants of the State Teachers' Retirement Plan from making contributions to the retirement system during these same periods, as provided.

A.B. 2649
http://www.leginfo.ca.gov/pub/bill/asm/ab_2601-2650/ab_2649_bill_20020222_introduced.html
Requires any employee of any corporation, company, or firm, or other person who is a member of the reserve corps of the armed forces of the United States, the National Guard, or the Naval Militia is entitled to a temporary leave of absence without pay while engaged in military training for a period not to exceed 30 calendar days.

S.B. 569
http://www.leginfo.ca.gov/pub/bill/sen/sb_0551-0600/sb_569_bill_20020620_amended_asm.html
Provides that a state employee who is granted a short-term military leave of absence receive his or her salary or compensation for the first 30 days of inactive duty during the absence.

Delaware
H.B. 341
http://www.legis.state.de.us/LIS/LIS141.NSF/fsHTML/?openframeset
Provides up to 12 consecutive or nonconsecutive months of supplemental income to members of the military reserves and the Delaware National Guard who are Delaware residents and on extended active duty during a national emergency. The supplemental income is intended to compensate members for income loss, if any, from their civilian employment positions. The maximum monthly supplement is $835, with a maximum total supplement of $10,000 during a member's military service. The Department of Finance will administer the program, which includes authorization to sell revenue bonds, called Delaware War Bonds.

H.B. 342
http://www.legis.state.de.us/LIS/LIS141.NSF/fsHTML/?openframeset
Provides continuity in healthcare services for military reservists and members of the National Guard who are called into active federal duty, and for their families. Requires all civilian healthcare service providers in Delaware to provide healthcare services to reservists, Guard members, and their eligible beneficiaries who are Delaware residents under the financial terms of the Department of Defense healthcare program.

S.B. 270
http://www.legis.state.de.us/LIS/LIS141.NSF/fsHTML/?openframeset
Amends Titles 20 and 30 of the Delaware Code relating to supplemental income grants and benefits for Delawareans called to extended active duty in the Delaware National Guard or United States military reserve and associated tax credits and license fee reductions.

Hawaii
H.B. 1899
http://www.capitol.hawaii.gov/sessioncurrent/bills/hb1899_.htm
Re-enacts leaves of absence law relating to the pay of officers and employees on active military service and nonforfeiture for absence.

S.B. 2434
http://www.capitol.hawaii.gov/sessioncurrent/bills/sb2434_.htm
Re-enacts leaves of absence law relating to the pay of officers and employees on active military service and nonforfeiture for absence.

S.B. 2486
http://www.capitol.hawaii.gov/sessioncurrent/bills/sb2486_.htm
Re-enacts leaves of absence law relating to the pay of officers and employees on active military service and nonforfeiture for absence.

Idaho
H.B. 519
http://www3.state.id.us/oasis/H0519.html
Adds to existing law to provide rent and possession protection to National Guard members who are called into state active duty.

H.B. 520
http://www3.state.id.us/oasis/H0520.html
Adds to existing law to provide protection for National Guard members who are bound by installment contracts for the purchase of property when called into state service.

H.B. 521
http://www3.state.id.us/oasis/H0521.html
Adds to existing law to provide employment and educational protection for National Guard members called into state service.

Illinois
H.B. 3665
http://www.legis.state.il.us/legisnet/legisnet92/hbgroups/hb/920HB3665LV.html
Amends the Income Tax Act to create the Illinois Military Family Relief Fund checkoff. Provides that the Department of Revenue shall print on its standard individual income tax form a provision indicating that if the taxpayer wishes to contribute to the Illinois Military Family Relief Fund, he or she may do so by stating the amount of the contribution on the return and that the contribution will reduce the taxpayer's refund or increase the amount of payment to accompany the return. Amends the Military Code of Illinois. Provides that, subject to appropriation, the Department of Military Affairs shall have the power to make grants from the Illinois Military Family Relief Fund to families of persons who are members of the Illinois National Guard or Illinois residents who are members of the reserves of the armed forces of the United States and who have been called to active duty as a result of the September 11, 2001 terrorist attacks. Provides that the Department of Military Affairs shall establish eligibility criteria for the grants by rule. Amends the State Finance Act to create the Illinois Military Family Relief Fund.

H.B. 4456
http://www.legis.state.il.us/legisnet/legisnet92/hbgroups/hb/920HB4456LV.html
Creates the Illinois National Guard Civil Relief Act and amends the Illinois Income Tax Act. Provides certain relief for members of the Illinois National Guard participating in a period of military training or duty. Allows the reopening of a default judgment entered against such persons; restricts evictions and forcible entry and detainer actions against such persons; limits the maximum rate of interest on obligations that may be charged against such persons; and defers the collection of taxes on such persons' income.

H.B. 5508
http://www.legis.state.il.us/legisnet/legisnet92/hbgroups/hb/920HB5508LV.html
Amends the Military Leave of Absence Act. Adds a caption to a section concerning a state employee's leave of absence for active military service.

H.B. 5598
http://www.legis.state.il.us/legisnet/legisnet92/hbgroups/hb/920HB5598LV.html
Amends the Military Leave of Absence Act. Makes the Act's grant of leave of absence applicable to school district officers and employees, as well as state employees.

H.B. 5823
http://www.legis.state.il.us/legisnet/legisnet92/hbgroups/hb/920HB5823LV.html
Amends the Military Code of Illinois. Provides that a person who is a member of the Illinois National Guard and who is on active duty shall be accorded all of the relief and benefits under the laws of this state that are accorded to federal military personnel on active duty under the Soldiers' and Sailors' Civil Relief Act of 1940. Requires that the member give notice of termination of his or her active duty within 60 days after that termination.

S.B. 1583
http://www.legis.state.il.us/legisnet/legisnet92/sbgroups/sb/920SB1583LV.html
Governor's Amendatory Veto Message:
http://www.legis.state.il.us/legisnet/legisnet92/sbgroups/sb/920SB1583gms.html
Amends the Service Men's Employment Tenure Act. Changes the short title of the Act to the Service Men's Employment Tenure and Civil Relief Act, and amends the Metropolitan Transit Authority Act and the Local Mass Transit District Act to make conforming changes. Provides that a person who is a member of the Illinois National Guard or the federal military and who is on active duty shall be accorded all of the relief and benefits under the laws of this state that are accorded to federal military personnel on active duty under the Soldiers' and Sailors' Civil Relief Act of 1940 if the person provides written notice of his or her active duty in the same manner that notice is provided under the Soldiers' and Sailors' Civil Relief Act of 1940. Requires notice of termination of active duty within 30 days after that termination.

Indiana
S.B. 473
http://www.in.gov/legislative/bills/2002/IN/IN0473.1.html
Requires a state employee on active duty in the United States armed forces to be paid the difference between the employee's state gross pay and the employee's gross military pay and allowances.

Iowa
H.F. 2166
http://www.legis.state.ia.us/cgi-bin/Legislation/Bill.pl
Provides that active state service served by a member of the Iowa National Guard by the order of the governor at the request of the president of the United States, for purposes other than for training, shall be considered to meet the minimum aggregate of 90 days' service to qualify as a veteran. The member must also be discharged under honorable conditions or retired under Title X of the United States Code. Upon discharge under honorable conditions or retirement from the Iowa National Guard with the minimum aggregate of 90 days active state service, the veteran and the veteran's family are eligible for veteran benefits including the military property tax exemption and credit.

H.F. 2422
http://www.legis.state.ia.us/cgi-bin/Legislation/Bill.pl
Requires the Department of Economic Development to create a National Guard and reservist homebuyer assistance program. Provides that "eligible applicant" means any member of the Iowa National Guard activated for federal service or activated for state service as a result of a request to the governor from the president of the United States or member of the reserve forces of the United States who is activated for federal service after September 11, 2001. Provides that active state service served by a member of the Iowa National Guard for a minimum aggregate of 90 days' service and by the order of the governor at the request of the president of the United States, for purposes other than for training, shall qualify the member as a veteran. The member must also be discharged under honorable conditions or retired under Title X of the United States Code. Upon discharge under honorable conditions or retirement from the Iowa National Guard with the minimum aggregate of 90 days' active state service, the veteran and the veteran's family are eligible for veterans benefits including the military property tax exemption and credit.

Kentucky
H.B. 379
http://www.lrc.state.ky.us/record/02rs/HB379.htm
Requires the state to count an employee's military time purchased through the Kentucky Retirement Systems as full-time service with the state in determining the award of annual and sick leave.

Maryland
S.B. 619
http://mlis.state.md.us/2002rs/billfile/SB0619.htm
Provides that specified members of the organized militia who are ordered to active duty with the consent of the governor are entitled to leave of absence from their duties without loss of pay, time, or efficiency rating for the time while actually serving under the active duty order.

Massachusetts
H.B. 4941
http://www.state.ma.us/legis/bills/house/ht04941.htm
Relates to municipal employees of the city of Springfield summoned to active duty in the Armed Forces of the United States.

S.B. 2177
http://www.state.ma.us/legis/bills/st02177.htm
Relates to state employees summoned to active duty in the Armed Forces of the United States.

S.B. 2233
http://www.state.ma.us/legis/bills/st02233.htm
Relates to public employees serving in the Armed Forces of the United States.

Michigan
S.B. 1439
http://michiganlegislature.org/documents/2001-2002/billintroduced/senate/htm/2002-SIB-1439.htm
Provides for continued fringe benefits and wages for certain officers and employees of the state of Michigan who are called into active duty with the military or other armed service of the United States government.

Minnesota
H.F. 2567
http://www.revisor.leg.state.mn.us/cgi-bin/getbill.pl?session=ls82&version=latest&number=HF2567&session_number=0&session_year=
S.F. 2991
http://www.revisor.leg.state.mn.us/cgi-bin/getbill.pl?number=SF2991&session=ls82&version=latest&session_number=0&session_year=2002
Requires payment of a salary differential to certain state employees who are members of the National Guard or other military reserve units and who have been called to active military duty on or after September 11, 2001; permits local governments to pay a similar salary differential for their employees who are called from reserve status to active military service.

Mississippi
S.B. 2513
http://billstatus.ls.state.ms.us/documents/2002/html/SB/2500-2599/SB2513IN.htm
Provides that any employee who is participating in the state and school employees health insurance plan and is summoned for active duty by the United States armed forces may continue to participate in the plan during his active service at no cost to the employee.

Missouri
H.B. 1474
http://www.house.state.mo.us/bills02/biltxt02/intro02/HB1474I.htm
Provides that state, county, or city employees in U.S. military service under competent orders will not lose time, pay, regular leave, efficiency rating, or any other right or benefit of their position for service until the completion of service.

H.B. 1934
http://www.house.state.mo.us/bills02/biltxt02/intro02/HB1934I.htm
Allows employees on military leave to receive the difference between their regular monthly pay and their military pay and provides for the continuation of these payments beyond the 15-day limit until the completion of service. Provides for the continuation of insurance benefits beyond the 15-day limit until the completion of service at the request of the employee and at the same rate as if the employee were not on military leave.

New Jersey
S.B. 709
http://www.njleg.state.nj.us/2002/Bills/S1000/709_I1.HTM
Provides a civil service preference to veterans of Operation "Enduring Freedom" who served at least 14 days in the theater of operations of that campaign. Provides a civil service preference to a member of a reserve component of the Armed Forces of the United States who serves at least 180 continuous days of federal active duty and any member of the organized militia of this state who serves at least 180 continuous days of state active duty, beginning on or after September 11, 2001. The organized militia of New Jersey consists of the New Jersey Air and Army National Guard, the State Guard, and the Naval Militia The New Jersey Air and Army National Guard are also considered reserve components of the Armed Forces of the United States.

S.B. 730
http://www.njleg.state.nj.us/2002/Bills/S1000/730_I1.PDF
Establishes a minimum per diem rate of pay of $100 for members of National
Guard called to state active duty.

S.B. 1631
http://www.njleg.state.nj.us/2002/Bills/S2000/1631_I1.HTM
Establishes a penalty upon local governments who unlawfully refuse to grant military leave. The penalty, collectible by the aggrieved member of the organized reserve or militia by summary proceeding in the Superior Court, is equal to two day's pay for each day of military leave denied, plus court costs and reasonable attorney fees.

S.B. 1728
http://www.njleg.state.nj.us/2002/Bills/S2000/1728_I1.HTM
Provides health care benefits coverage through the State Health Benefits Program (SHBP) to members of the New Jersey National Guard, and their dependents, during the period when such member is called to state active duty by the Governor for a period of 30 days or more. The coverage would be provided under certain conditions specified in the bill, commencing on the first day of active duty and terminating on the last day of such duty. However, coverage for the treatment of an illness or condition diagnosed during the period of coverage would continue until the treatment is no longer necessary or the lapse of twelve full months after active duty ends, whichever occurs first. The cost of coverage will be paid in full by the state. Health care benefits coverage will be provided only if the provision of such coverage by SHBP does not violate applicable federal statutes or other statutes of this state in a manner that would change the nature, governance or status of the program.

New York
A.B. 1489
S.B. 370
Substituted by A.B. 1489 6/11/02
Authorizes an additional 60 days or 52 working days military leave for public employees who are absent on military duty; such leave to be in addition to any leave authorized for such employees in state contract.

A.B. 1693
S.B. 1112
Provides private sector employees with the right to return to employment after ordered military duty in the organized militia or reserve forces or components of the armed forces of the United States; this right is similar to that of public officers and employees; employees are those subject to income tax withholding; makes an exception for seasonal or temporary workers.

A.B. 1904
S.B. 1158
Extends certain benefits afforded with respect to judicial proceedings where the minor dependent of a military member is involved as a party; authorizes a stay of proceedings in such situations.

A.B. 2564
S.B. 190
Requires the Triborough bridge and tunnel authority to make free passage tokens available to active duty military personnel of the U.S. serving in the city of New York; provides that such authority shall prescribe the manner of application for such tokens.

A.B. 8339
S.B. 4165
Relates to providing credit to members of public retirement systems for military service rendered during periods of conflict.

A.B. 9616
Authorizes pay for military leave for public employees who are absent due to military duty; allows public employees to collect paid salary and compensation for 30 days or 22 working days, whichever is greater, in addition to collecting the difference between salary and compensation for another 335 days.

A.B. 9978
Enacts the Absence From Public Office For Military Duty Act to allow legislative officials called for emergency military service, either short or long term, to designate an acting successor for the duration of the emergency or the end of their term of office.

A.B. 11402
Provides for supplemental pay and reduced pay for public officers and employees called to military service by the governor, president, or Congress while on leave from public employment therefor; also provides for continuation of health insurance coverage for dependents.

Pennsylvania
H.B. 2239
http://www.legis.state.pa.us/WU01/LI/BI/BT/2001/0/HB2239P3079.HTM
Provides for granting of military leaves of absence.

H.B. 2266
http://www.legis.state.pa.us/WU01/LI/BI/BT/2001/0/HB2266P3120.HTM
Provides for extension of certain benefits during military duty and requiring public employers to subsidize wages of certain employees.

H.B. 2944
http://www.legis.state.pa.us/WU01/LI/BI/BT/2001/0/HB2944P4531.HTM
Establishes the Military Family Emergency Assistance Fund.

Rhode Island
H.B. 6807
http://www.rilin.state.ri.us/Billtext/BillText02/HouseText02/H6807.pdf
Extends state employee health benefits to members of the Rhode Island National Guard, and their dependents, if they are called to active duty for a period exceeding 90 days.

H.B. 6913
http://www.rilin.state.ri.us/Billtext/BillText02/HouseText02/H6913.pdf
Requires cities and towns to continue to pay employees who enter military service and continue to provide medical benefits. An offset would be allowed the city or town for military service pay received by the employee.

H.B. 7366
http://www.rilin.state.ri.us/Billtext/BillText02/HouseText02/H7366.pdf
Requires employers to provide health benefits to members of the Armed Forces, and their dependents, if an employee is called to active duty.

H.B. 7407
http://www.rilin.state.ri.us/Billtext/BillText02/HouseText02/H7407.pdf
Requires employers to continue to provide health insurance coverage to employees who are activated into military service in certain instances.

H.B. 7414
http://www.rilin.state.ri.us/Billtext/BillText02/HouseText02/H7414.pdf
Requires cities and towns to continue to pay employees who enter military service and continue to provide medical benefits. An offset would be allowed the city or town for military service pay received by the employee.

H.B. 7770
http://www.rilin.state.ri.us/Billtext/BillText02/HouseText02/H7770.pdf
Extends a National Guard member's right to certain employment benefits to include absences from work because of active duty.

S.B. 2094
http://www.rilin.state.ri.us/Billtext/BillText02/SenateText02/S2094.pdf
Provides all members of the Rhode Island National Guard, called for active duty for a period exceeding 90 days, and their dependents with health benefits.

Tennessee
H.B. 2051
http://www.legislature.state.tn.us/bills/currentga/BILL/HB2051.pdf
S.B. 2717
http://www.legislature.state.tn.us/bills/currentga/BILL/SB2717.pdf
Requires local school districts to pay teachers their full compensation during all periods of active military service.

Vermont
S.B. 284
http://www.leg.state.vt.us/docs/2002/bills/intro/S-284.HTM
Proposes to override the collective bargaining agreement for Vermont state employees to require military leave pay for state employees who are members of the organized reserve or National Guard for any training or service for the length of a gubernatorially-declared national emergency.

Virginia
H.B. 155
http://leg1.state.va.us/cgi-bin/legp504.exe?021+ful+HB155
Requires the commonwealth to supplement the military pay of any state employee ordered to active duty in the (i) armed forces of the United States, or (ii) in the organized reserve forces of any of the armed services of the United States or of the Virginia National Guard. Requires such supplement to be an amount equal to the difference between his military pay, including any allowances and the amount such individual would have earned as a state employee during such period of military service.

H.B. 340
http://leg1.state.va.us/cgi-bin/legp504.exe?021+ful+HB340
Requires the commonwealth to supplement the military pay of any state employee ordered to active duty in the (i) armed forces of the United States, or (ii) in the organized reserve forces of any of the armed services of the United States or of the Virginia National Guard. Requires such supplement to be an amount equal to the difference between his military pay, including any allowances and the amount such individual would have earned as a state employee during such period of military service.

Washington
H.B. 2954
http://www.leg.wa.gov/pub/billinfo/2001-02/House/2950-2974/2954_02122002.txt
Relates to military leaves of absence for certain public sector military reservists and National Guard members.

West Virginia
H.B. 4062
Raises the minimum pay for National Guard members on active duty to $90 per day.

H.B. 4334
Grants public employees retirement system credit for National Guard service.

H.B. 4406
Clarifies the definition of wages for employment service with the state and Air National Guards for determining unemployment benefits.

H.B. 4418
Requires payment to municipalities for leaves of absence from employment by employees on military leave.

S.B. 288
Clarifies definition of wages for employment service for state and Air National Guard.

Wisconsin
S.B. 281
http://www.legis.state.wi.us/2001/data/SB-281.pdf
Relates to eligibility for veterans benefits for those veterans who are involved in Operation Enduring Freedom; the extension or renewal of a license held by a National Guard member or member of the U.S. armed forces reserve who is called into active service; college students called to serve in the armed forces; and granting rule-making authority.
 

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2001 Enacted Legislation

Connecticut
S.B. 2050, Third Special Session
Signed by governor 11/20/01, Special Act 01-1
http://www.cga.state.ct.us/2001/act/sa/2001SA-00001-R00SB-02050SS3-SA.htm
Concerns state employees called to active duty in the armed forces of a state or the United States in support of Operation Enduring Freedom or Operation Noble Eagle.

Florida
S.B. 42, Special Session B
Signed by governor 11/30/01, Chapter 2001-353
http://www.leg.state.fl.us/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=sb0042Ber.html&Directory=session/2001B/Senate/bills/billtext/html/
Specifies that termination of employment of employee during or after period of active military duty constitutes separate qualifying event for purposes of allowing employee to elect to continue coverage under employer's group health plan; tolls maximum time period for which coverage may be continued under employer's group health plan for individual who has elected coverage and who is called to active military duty.

Louisiana
H.B. 9, Second Extraordinary Session
Signed by governor 10/16/01, Act 5
http://www.legis.state.la.us/leg_docs/012ES/CVT3/OUT/0000J8UE.PDF
Requires the continued payment of state supplemental pay or extra
compensation paid by the state to peace officers and firefighters who
are on active duty service of the uniformed services of the United
States.

H.B. 11, Second Extraordinary Session
Signed by governor 10/16/01, Act 7
http://www.legis.state.la.us/leg_docs/012ES/CVT5/OUT/0000J8UG.PDF
Clarifies certain definitions under the Military Service Relief Act.

H.B. 12, Second Extraordinary Session
Signed by governor 10/16/01, Act 8
http://www.legis.state.la.us/leg_docs/012ES/CVT6/OUT/0000J8UH.PDF
Provides for the powers and authority of National Guardsmen and military police as peace officers; provides for eligibility for state supplemental pay or extra compensation of military police in the Military Department, relative to activation of the militia in certain national or state emergencies.

H.C. R. 3, Second Extraordinary Session
Filed with secretary of state 10/12/01
http://www.legis.state.la.us/leg_docs/012ES/CVT7/OUT/0000J8CG.PDF
Authorizes and directs each public retirement system to develop a system for notifying members of the uniformed services of their retirement rights during military service.

H.C.R. 6, Second Extraordinary Session
Filed with secretary of state 10/10/01
http://www.legis.state.la.us/leg_docs/012ES/CVT3/OUT/0000J7RM.PDF
Requests employers to ensure compensation and benefits for employees called to active duty and requests postsecondary education institutions to ensure minimal impact on students called to active duty.

H.R. 4, Second Extraordinary Session
Filed with secretary of state 10/8/01
http://www.legis.state.la.us/leg_docs/012ES/CVT9/OUT/0000J7RS.PDF
Authorizes and directs each public retirement system to develop a system for notifying members of the uniformed services of their retirement rights during military service.

S.C.R. 10, Second Extraordinary Session
Filed with secretary of state 10/16/01
http://www.legis.state.la.us/leg_docs/012ES/CVT1/OUT/0000J7Q4.PDF
Urges and requests all employers to continue to pay a salary to those National Guard and reservist employees who are activated and serving their country in the military forces.

New Jersey
S.B. 2378
Signed by governor 1/6/02, Chapter 351
http://www.njleg.state.nj.us/2000/Bills/S2500/2378_R1.HTM
Clarifies military leave benefits for public officers and employees.

North Carolina
H.B. 168
Signed by governor 12/19/01
Permits a corporation to transfer assets to a wholly owned unincorporated entity as recommended by the General Statutes Commission; amends the indemnification provisions of the Comprehensive Patients' Bill of Rights; provides benefits for troops participating in current military operations including temporary extension of drivers' licenses, motor vehicle liability insurance and property taxes due dates; permits leave for disaster service volunteers.

Ohio
S.B. 164
Signed by governor 11/20/01
http://www.legislature.state.oh.us/bills.cfm?ID=124_SB_164
Provides for the payment of specified compensation to certain public employees called to active duty for more than 31 days; requires public employers, under group policies, contracts, and plans, continues the health benefit coverage of employees called to active duty.

West Virginia
H.B. 604, Sixth Extraordinary Session
Signed by governor 11/2/01
Relates to leave of absence for public official and employees for certain military obligations.

H.B. 605, Sixth Extraordinary Session
Signed by governor 11/21/01
Provides personal income tax exemption for members of the National Guard or reserve forces called to active duty for "Operation Enduring Freedom" or domestic security duty.

Wisconsin
A.B. 558
Signed by governor 11/29/01, Act 22
http://www.legis.state.wi.us/2001/data/acts/01Act22.pdf
Relates eligibility for veterans benefits for those veterans who are involved in Operation Enduring Freedom; the extension or renewal of a license held by a National Guard member or member of the U.S. armed forces reserve who is called into active service; college students called to serve in the armed forces; and granting rule-making authority.

A.B. 571
Signed by governor 11/29/01, Act 24
http://www.legis.state.wi.us/2001/data/acts/01Act24.pdf
Provides the same benefits under the federal Soldiers' and Sailors' Relief Act to persons who are called into state service either as part of the state National Guard or as part of the state militia.

A.B. 572
Signed by governor 11/29/01, Act 26
http://www.legis.state.wi.us/2001/data/acts/01Act26.pdf
Provides for persons who are absent from employment because of active service under state law certain reemployment rights and benefits that are parallel to the reemployment rights and benefits that are provided under USERRA for persons who are absent from employment because of service in the uniformed services under federal law.
 
 

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2001 Pending Legislation

S.J.R. 48, Third Special Session
http://alisdb.legislature.state.al.us/acas/ACASLogin.asp?SESSION=1021
Urges the governor to provide financial protection to those state employees mobilized as members of the National Guard.

Florida
H.B. 9, Special Session B
http://www.leg.state.fl.us/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=hb0009B.html&Directory=session/2001B/House/bills/billtext/html/
Authorizes employing authorities of public officials and employees to supplement military pay of those officials and employees who are called to active service in either a National Guard or reserve component of Armed Forces of United States.

H.B. 137, Special Session B
http://www.leg.state.fl.us/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=hb0135B.html&Directory=session/2001B/House/bills/billtext/html/
Specifies that termination of employment of employee after period of active military duty constitutes separate qualifying event for purposes of allowing employee to elect to continue coverage under employer's group health plan; provides time period within which individual may elect to continue coverage under employer's group health plan after TRICARE coverage terminates.

Illinois
H.B. 3668
http://www.legis.state.il.us/legisnet/legisnet92/hbgroups/hb/920HB3668LV.html
Amends the Income Tax Act to create the Illinois Military Family Relief Fund checkoff. Provides that the Department of Revenue shall print on its standard individual income tax form a provision indicating that if the taxpayer wishes to contribute to the Illinois Military Family Relief Fund, he or she may do so by stating the amount of the contribution on the return and that the contribution will reduce the taxpayer's refund or increase the amount of payment to accompany the return. Amends the Military Code of Illinois. Provides that, subject to appropriation, the Department of Military Affairs shall have the power to make grants from the Illinois Military Family Relief Fund to families of persons who are members of the Illinois National Guard or Illinois residents who are members of the reserves of the armed forces of the United States and who have been called to active duty as a result of the September 11, 2001 terrorist attacks. Provides that the Department of Military Affairs shall establish eligibility criteria for the grants by rule. Amends the State Finance Act to create the Illinois Military Family Relief Fund.

Louisiana
S.B. 8, Second Extraordinary Session
http://www.legis.state.la.us/leg_docs/012ES/CVT6/OUT/0000J7RC.PDF
Provides that "compensation" for peace officers and firefighters shall also include state supplemental pay or extra compensation paid by the state as authorized provided by law and otherwise retained by present law.

S.B. 10, Second Extraordinary Session
http://www.legis.state.la.us/leg_docs/012ES/CVT3/OUT/0000J7R2.PDF
Provides that every full-time military police officer employed in the Military Department, who is P.O.S.T. certified, after completion of one year of service, shall be paid by the state additional salary at the same rate provided for police officers and deputy sheriffs, provided
funds are available.

Massachusetts
S.B. 2126
http://www.state.ma.us/legis/bills/st02126.htm
Relates to state employees summoned to active duty in the Armed Forces of the United States.

Michigan
H.B. 5502
http://michiganlegislature.org/printdocument.asp?objName=2001-HIB-5502&version=txt
Provides for the granting of military leaves and providing re-employment protection for officers and enlisted men of the military or naval forces of the state or of the United States.

S.B. 932
http://michiganlegislature.org/printdocument.asp?objName=2001-SIB-0932&version=txt
Provides for the granting of military leaves and providing re-employment protection for officers and enlisted men of the military or naval forces of the state or of the United States.

New Jersey
A.B. 3830
http://www.njleg.state.nj.us/2000/Bills/A3500/3830_I1.HTM
Excludes from gross income under the gross income tax certain U.S. military compensation paid to reservists and National Guard members.

S.B. 2704
http://www.njleg.state.nj.us/2000/Bills/S3000/2704_I1.HTM
Excludes from gross income under the gross income tax certain U.S. military compensation paid to reservists and National Guard members.

Ohio
S.B. 173
http://www.legislature.state.oh.us/bills.cfm?ID=124_SB_173
Provides for the payment of specified compensation to certain public employees called to active duty for more than 31 days; requires public employers, under group policies, contracts, and plans, continues the health benefit coverage of employees called to active duty.

Pennsylvania
H.B. 2019
http://www.legis.state.pa.us/WU01/LI/BI/BT/2001/0/HB2019P2659.HTM
Provides that income derived from the United States Government for active duty as a member of the Pennsylvania National Guard earned both in and outside of Pennsylvania in response to the terrorist attacks on September 11, 2001, shall not be considered compensation for tax purposes.

Utah
H.B. 2007, Second Special Session
http://www.le.state.ut.us/~2001S2/bills/hbillint/hb2007.htm
Modifies provisions related to state officers and employees for military activation during the war on terrorism or a declared war. Requires the state to continue insurance coverage for state employees involved in the military activation.

West Virginia
S.B. 6013, Sixth Extraordinary Session
Exempts personal income tax for certain active military personnel.

S.B. 6015, Sixth Extraordinary Session
Relates to leave of absence for public official and employees for certain military obligations.

Wisconsin
S.B. 297
http://www.legis.state.wi.us/2001/data/SB-297.pdf
Provides the same benefits under the federal Soldiers' and Sailors' Relief Act to persons who are called into state service either as part of the state national guard or as part of the state militia.

S.B. 298
http://www.legis.state.wi.us/2001/data/SB-298.pdf
Provides for persons who are absent from employment because of active service under state law certain reemployment rights and benefits that are parallel to the reemployment rights and benefits that are provided under USERRA for persons who are absent from employment because of service in the uniformed services under federal law.
 

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Executive Orders

Georgia
2001 E.O. 69
Orders into active service certain state members of the National Guard, as identified by the Department of Defense, to guard commercial airports in the state in support of Operation Noble Eagle.

2001 E.O. 74
Orders into active service certain state members of the National Guard, as identified by the Department of Defense, to guard facilities vital to the state.

Idaho
2001 E.O. 7
Provides that Idaho National Guard assets are to assist local law enforcement, airport security personnel, and airport management with the security of the flying public and the security of the aviation infrastructure, including aircraft and facilities.

Illinois
2001 E.O. 10
Orders that any full-time employees of the state of Illinois who is a member of any reserve component of the United States armed forces, who is mobilized to active military duty in response to the terrorist attacks on September 11, 2001, shall continue to receive his or her regular compensation as a state employee, plus any benefits he or she is currently receiving, minus the amount of his or her base pay for military activities.

Iowa
2001 E.O. 6
Orders the Adjutant General of the Iowa National Guard to call sufficient National Guard personnel to staff designated airport checkpoints for security enhancement measures; assists screeners, supervisors, and law enforcement personnel in security checkpoint activities and operations.

Kansas
2001 E.O. 5
Proposes that the secretary of administration prepare necessary personnel regulations, policies or procedures to assist state employees who are called or volunteer for active military service; requires such regulations, policies or procedures shall include provisions for job protection, advance payment of wages, earned compensatory time and accrued vacation leave earned prior to being called to active duty.

Michigan
2001 E.O. 6
Orders to active state service, units and individuals of the Michigan National Guard which in his discretion he deems appropriate to ensure the safety of Michigan's commercial airports and otherwise to assist in federal efforts to secure those airports.

New Jersey
2001 E.O. 23
Protects job benefits and salaries for state employees called to active military duty.

Tennessee
2001 E.O. 1
Establishes the policy of the state of Tennessee with respect to state employees that are members of the reserve or National Guard and have been called to full time military duty by the President of the United States in response to the events of September 11, 2001.

NCSL Contact: Heather Morton, Denver, 303-364-7700, heather.morton@ncsl.org