FIFTY-THIRD LEGISLATURE

FIRST SESSION, 2017

February 13, 2017

Mr. Speaker:

    Your JUDICIARY COMMITTEE, to whom has been referred

HOUSE BILL 83, as amended

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

1. Strike House State Government, Indian and Veterans

Affairs Committee Amendments 1 and 2.

     2. On page 1, between lines 14 and 15, insert the following section:

     "SECTION 1. Section 20-4-7.1 NMSA 1978 (being Laws 2004, Chapter 37, Section 1) is amended to read:

     "20-4-7.1. [SERVICEMEMBER'S] SERVICEMEMBERS CIVIL RELIEF ACT BENEFITS--UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT--FEDERAL OR STATE ACTIVE DUTY.--

          A. The rights, benefits and protections of the federal [Servicemember's] Servicemembers Civil Relief Act shall apply to a member of the national guard of this state or any other state or territory of the United States 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. The federally funded duty is in addition to and different from any federally funded unit training, assembly or drill 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 shall apply to a member of the national guard of this state or any other state or territory of the United States ordered to federal or state active duty [for a period of thirty or more consecutive days]."".

3. Renumber the succeeding sections accordingly.

     4. On page 1, line 18, after the first comma, insert "after having given advance written or verbal notice of an obligation or intention to perform service in the uniformed services to the person's employer, unless notice is precluded by military necessity or is otherwise impossible or unreasonable,".

     5. On page 2, line 2, strike "if an officer" and, after the comma, insert "has not had a cumulative period of absence in excess of five years by reason of service in the uniformed services".