Bill Text: MS HB1137 | 2013 | Regular Session | Introduced
Bill Title: National Disaster Medical System; include members of for benefits of military leave of absence.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2013-02-05 - Died In Committee [HB1137 Detail]
Download: Mississippi-2013-HB1137-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Military Affairs
By: Representative Busby
House Bill 1137
AN ACT TO AMEND SECTION 33-1-21 AND 33-1-19, MISSISSIPPI CODE OF 1972, TO INCLUDE MEMBERS OF THE NATIONAL DISASTER MEDICAL SYSTEM FOR THE BENEFITS OF MILITARY LEAVE OF ABSENCE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 33-1-21, Mississippi Code of 1972, is amended as follows:
33-1-21. (a) All officers and employees of any department, agency, or institution of the State of Mississippi, or of any county, municipality, or other political subdivision, who shall be members of any of the reserve components of the Armed Forces of the United States, or former members of the service of the United States discharged or released therefrom under conditions other than dishonorable, or members of the National Disaster Medical System, shall be entitled to leave of absence from their respective duties, without loss of pay, time, annual leave, or efficiency rating, on all days during which they shall be ordered to duty to participate in training at encampments, field exercises, maneuvers, outdoor target practice, or for other exercises, for periods not to exceed fifteen (15) days, and all such officers and employees shall for such periods in excess of fifteen (15) days, be entitled to leave of absence from their respective duties without loss of time, annual leave, or efficiency rating until relieved from duty, and shall when relieved from such duty, be restored to the positions held by them when ordered to duty, or a position of like seniority, status and pay; provided that such person: (1) when discharged or released from the armed forces shall have received a certificate of satisfactory completion of service, (2) shall be still qualified to perform the duties of such position, (3) shall make application for re-employment within ninety (90) days after the passage of this chapter or within ninety (90) days after such person is relieved from such training and service or released from hospitalization for a period of not more than one (1) year for causes attributable to such services. Any person restored to a position under the above provisions shall not be discharged from such position without cause within (1) year after restoration. The fact that there has been a change of administration affecting any position with the State of Mississippi, or any county, city, town, political subdivision, or any state institution thereof shall in no manner affect or deny to such person his former position, and regardless of any limitation on the number of employees, such person shall be re-employed. The provisions of this section do not apply to any officer elected by the vote of the electors of the state, county, municipality, or political subdivisions, when the statutory or constitutional term of the office has expired upon the discharge of such person from military service, but this section does grant re-employment rights to all other officers and employees of the State of Mississippi, or of any county, municipality, or political subdivision when ordered to military duty.
(b) In the event the persons referred to in the foregoing subsection are not reinstated, as therein required, upon application by any such person to the county attorney of the county in which he was employed, or to the district attorney of the district in which he was employed, such attorney applied to shall act as the attorney for such person and shall institute such action as may be necessary to enforce compliance with the provisions of said subsection, and no fees or court costs shall be taxed against the person applying for benefits thereunder.
(c) Insofar as any of the provisions of this section are inconsistent with the provisions of any other law, the provisions of this section shall be considered controlling, and any other acts or parts of acts in conflict herewith are hereby repealed insofar as they are in conflict with this section.
SECTION 2. Section 33-1-19, Mississippi Code of 1972, is amended as follows:
33-1-19. Any person who is a member of any reserve component of the armed forces of the United States, or former member of the service of the United States discharged or released therefrom under conditions other than dishonorable, or a member of the National Disaster Medical System, who, in order to perform duties or receive training with the armed forces of the United States or of the State of Mississippi (including active state duty, state training duty or any other military duty authorized under Title 10 or Title 32 of the United States Code), leaves a position, other than a temporary position, in the employ of any employer, and who shall give evidence of the satisfactory completion of such duty or training, and who is still qualified to perform the duties of such position, shall be entitled to be restored to his previous or a similar position, in the same status, pay and seniority, and such period of absence for military duty or training shall be construed as an absence with leave but may be without pay, except as provided in Section 33-1-21.
SECTION 3. This act shall take effect and be in force from and after July 1, 2013.
