HOUSE BILL 83

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Debbie A. Rodella

FOR THE MILITARY AND VETERANS' AFFAIRS COMMITTEE

AN ACT

RELATING TO THE NATIONAL GUARD; PROVIDING EMPLOYMENT PROTECTION FOR NATIONAL GUARD MEMBERS.

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

     SECTION 1. Section 28-15-1 NMSA 1978 (being Laws 1941, Chapter 10, Section 1, as amended) is amended to read:

     "28-15-1. REEMPLOYMENT OF PERSONS IN ARMED FORCES.--Any person who, since July 1, 1940, has left or leaves a position [he] the person has held, other than a temporary position, in the employ of any employer to enter the armed forces of the United States, [national guard or] an organized reserve or the national guard of this state or any other state or territory of the United States and who serves on active duty and is honorably discharged or released from active duty to complete [his] the person's remaining service in a reserve component or is entitled to a certificate of service, or who terminates [his] service without dishonor if an officer, and is still qualified to perform the duties of [such] that position and makes application for reemployment within ninety days after [he] the person is relieved from [such] training and service, or from hospitalization continuing after discharge for a period of not more than one year, shall be reemployed as follows:

          A. if the person's position was in the employ of a private employer, the employer shall restore [him] the person to [such] that position or to a position of like seniority, status and pay unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so; or

          B. if the person's position was in the employ of the state [of New Mexico] or any political subdivision thereof, [he] the person shall be deemed to meet all the requirements of the Personnel Act as well as all residency requirements or other provisions of law and shall be restored to [such] that position or to a position of like seniority, status and pay."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2017.

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