Introduced Version






HOUSE BILL No. 1269

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 10-16-7-23.

Synopsis: Benefits while on state active duty. Provides that a member of the Indiana National Guard who serves on state active duty for a period of up to 30 days may not be discharged from employment, except for cause, by the employer for at least 90 days after the completion of the state active duty.

Effective: July 1, 2009.





Koch




    January 13, 2009, read first time and referred to Committee on Veterans Affairs and Public Safety.







Introduced

First Regular Session 116th General Assembly (2009)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1269



    A BILL FOR AN ACT to amend the Indiana Code concerning public safety.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 10-16-7-23; (09)IN1269.1.1. -->     SECTION 1. IC 10-16-7-23 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 23. (a) As used in this section, "active duty" means:
        (1) training or duty under federal law; or
        (2) state active duty under section 7 of this chapter;
performed under an order of the governor.
    (b) The rights, benefits, and protections of the federal Soldiers' and Sailors' Civil Relief Act, 50 U.S.C. App. 501 et seq., as amended and in effect on January 1, 2003, apply to a member of the Indiana National Guard ordered to active duty for at least thirty (30) consecutive days.
    (c) The rights, benefits, and protections of the federal Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. 4301 et seq., as amended and in effect on January 1, 2003, apply to a member of the Indiana National Guard ordered to active duty.
     (d) This subsection does not apply to a member of the Indiana National Guard serving on active duty for training purposes. In addition to the rights, benefits, and protections provided in 38

U.S.C. 4316(c), a member of the Indiana National Guard who serves on state active duty under section 7 of this chapter for at least one (1) day but less than thirty-one (31) days may not be discharged by the Indiana National Guard member's employer, except for cause, for at least ninety (90) days after the completion of the Indiana National Guard member's state active duty.
    (d) (e) Nothing in this section shall be construed as a restriction or limitation on any of the rights, benefits, and protections granted to a member of the Indiana National Guard under federal law.