SENATE BILL 181

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Mary Kay Papen

AN ACT

RELATING TO MILITARY AFFAIRS; PROVIDING FOR FEDERALLY ASSURED RIGHTS, BENEFITS AND PROTECTIONS FOR NATIONAL GUARD MEMBERS ORDERED TO STATE ACTIVE DUTY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of Chapter 20, Article 4 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] SOLDIERS AND SAILORS ACT BENEFITS--UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT--FEDERAL OR STATE ACTIVE DUTY.--

          A. The rights, benefits and protections of the federal Soldiers' and Sailors' Civil Relief Act of 1940, 50 U.S.C. 501, shall apply to a member of the national guard ordered to state active duty for a period of thirty or more consecutive state duty days or to any federally funded duty performed in an operational role for homeland security in accordance with 32 U.S.C. 502 if the federally funded duty is in addition to and different from the fifteen working days and one weekend a month federally funded requirement for training or other duty pursuant to Section 20-4-7 NMSA 1978.

          B. The rights, benefits and protections of the federal Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. 4301, shall apply to a member of the national guard ordered to federal or state active duty."

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