2016 -- H 8037

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LC005601

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO MILITARY AFFAIRS AND DEFENSE

     

     Introduced By: Representatives Malik, and Azzinaro

     Date Introduced: April 06, 2016

     Referred To: House Veterans` Affairs

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 30-11-3 of the General Laws in Chapter 30-11 entitled

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"Employment Rights of Members of Armed Forces" is hereby amended to read as follows:

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     30-11-3. Restoration of national guard member to employment. -- (a) Any person

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who is a duly qualified member of the Rhode Island national guard of this state or any other state

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who, in order to perform any military service he or she may be called upon to perform by proper

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authority, leaves a position, other than a temporary position, in the employ of an employer, who

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shall give evidence of the satisfactory completion of that training, and who is still qualified to

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perform the duties of that position, shall be entitled to be restored to his or her previous or a

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similar position in the same status, pay, and seniority, and this period of absence for military

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training shall be construed as an absence with leave and without pay.

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      (b) In addition to the provisions provided in this section, all National Guard members on

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state active duty shall be entitled to the rights, protections, privileges, and immunities offered

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under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA),

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Title 38 U.S. Code, Chapter 43, Sections 4301-4333, Public Law 103-353 [38 U.S.C. ยง 4301 et

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seq.].

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     SECTION 2. Chapter 30-21 of the General Laws entitled "Employment of Veterans" is

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hereby amended by adding thereto the following section:

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     30-21-14. Preference in private employment. -- (a) A private employer may adopt an

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employment policy that provides a preference in hiring or promotion, or both, to a veteran.

 

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     (b) A policy adopted under this section shall be:

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     (1) In writing; and

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     (2) Uniformly applied to employment decisions regarding hiring and promotion.

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     (c) A private employer may require that a veteran submit a Department of Defense DD

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Form 214 or similar documentation of separation from the U.S. Armed Forces to be eligible for a

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preference in hiring or promotion pursuant to this section.

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     (d) As used in this section, "veteran'' means an individual that served on active duty in the

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U.S. Armed Forces and received an honorable or general discharge.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MILITARY AFFAIRS AND DEFENSE

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     This act would extend the rehiring preference afforded National Guard members called to

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active duty to members of the National Guard of other states employed in Rhode Island. It would

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also permit private employers to adopt a veteran preference policy in hiring.

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     This act would take effect upon passage.

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