NAT. GUARD REEMPLOYMENT RIGHTS/DEFINITIONS.

View NCGA Bill Details2017-2018 Session
House Bill 487 (Public) Filed Monday, March 27, 2017
AN ACT TO PROVIDE DEFINITIONS TO CLARIFY THE NATIONAL GUARD REEMPLOYMENT RIGHTS AND TO EXTEND THE REEMPLOYMENT APPLICATION PERIOD FOR NATIONAL GUARD MEMBERS WHO HAVE INCURRED AN INJURY DURING THE PERFORMANCE OF STATE ACTIVE DUTY AND TO ADD ADDITIONAL PROTECTIONS FOR ACTIVE AND RESERVE NATIONAL GUARD MEMBERS UPON EARLY TERMINATION OF A RENTAL AGREEMENT.
Intro. by G. Martin, Szoka.

Status: Ch. SL 2017-156 (House Action) (Jul 21 2017)

SOG comments (3):

Identical bill

Identical to S 404, filed 3/27/17.

Long Title Change

Senate amendment to the 2nd edition makes changes to the long title. The original title is as follows:

AN ACT TO PROVIDE DEFINITIONS TO CLARIFY THE NATIONAL GUARD REEMPLOYMENT RIGHTS AND TO EXTEND THE REEMPLOYMENT APPLICATION PERIOD FOR NATIONAL GUARD MEMBERS WHO HAVE INCURRED AN INJURY DURING THE PERFORMANCE OF STATE ACTIVE DUTY.

Change long title

Conference report changed long title.  Long title was AN ACT TO PROVIDE DEFINITIONS TO CLARIFY THE NATIONAL GUARD REEMPLOYMENT RIGHTS AND TO EXTEND THE REEMPLOYMENT APPLICATION PERIOD FOR NATIONAL GUARD MEMBERS WHO HAVE INCURRED AN INJURY DURING THE PERFORMANCE OF STATE ACTIVE DUTY; TO ADD ADDITIONAL PROTECTIONS FOR ACTIVE AND RESERVE NATIONAL GUARD MEMBERS UPON EARLY TERMINATION OF A RENTAL AGREEMENT; AND TO REQUIRE THE OFFICE OF THE SECRETARY OF STATE TO ANNUALLY COMPILE INFORMATION ABOUT THE NUMBER OF VETERAN-OWNED SMALL BUSINESSES AND SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES AND TO PROVIDE THIS INFORMATION TO THE DEPARTMENT OF MILITARY AND VETERANS AFFAIRS.

Bill History:

H 487/S.L. 2017-156

Bill Summaries:

  • Summary date: Jul 25 2017 - More information

    AN ACT TO PROVIDE DEFINITIONS TO CLARIFY THE NATIONAL GUARD REEMPLOYMENT RIGHTS AND TO EXTEND THE REEMPLOYMENT APPLICATION PERIOD FOR NATIONAL GUARD MEMBERS WHO HAVE INCURRED AN INJURY DURING THE PERFORMANCE OF STATE ACTIVE DUTY AND TO ADD ADDITIONAL PROTECTIONS FOR ACTIVE AND RESERVE NATIONAL GUARD MEMBERS UPON EARLY TERMINATION OF A RENTAL AGREEMENT. Enacted July 21, 2017. Effective July 21, 2017.


  • Summary date: Jun 29 2017 - More information

    Conference report receeds from Senate amendment #1 and makes the following changes to the 2nd edition.

    Changes the act's long title.

    Amends GS 42-45 to further extend the protections for early termination of a rental agreement for members of the Armed Forces to the Active Guard and Reserve and military technicians. Applies to lease agreements entered into on or after the date the act becomes law. 

    Makes organizational changes. 


  • Summary date: Jun 1 2017 - More information

    Senate amendment makes the following changes to the 2nd edition.

    Amends GS 42-45 to further extend the protections there for early termination of a rental agreement for members of the Armed Forces to the Active Guard and Reserve and military technicians. Effective when the act becomes law and applies to lease agreements entered into or renewed on or after that date.

    The following provisions are effective January 1, 2018, and apply to annual reports filed by business entities on or after that date. 

    Amends GS 55-1-40 (concerning corporations), GS 57D-1-03 (concerning limited liability companies), and GS 59-32 (concerning partnerships) by adding and defining the following terms: service-disabled veteranservice-disabled veteran-owned small businessveteran, and veteran-owned small business. Makes technical changes.

    Amends GS 55-16-22 (concerning corporations), GS 57D-2-24 (concerning limited liability companies), and GS 59-84.4 (concerning partnerships), by adding that the Secretary of State and Secretary of Revenue must provide space and instructions on the annual report from for a corporation or limited liability company to voluntarily indicate whether it is a veteran-owned small business or a service-disabled veteran-owned small business. The act defines a veteran-owned small business as a business that has annual receipts, combined with the annual receipts of all related persons, that do not exceed $1 million and  one or more veterans own more than 50% of the business. The act defines service‑disabled veteran‑owned small business as a business that has annual receipts, combined with the annual receipts of all related persons, that do not exceed $1 million and one or more service‑disabled veterans own more than 50% of the business.

    Enacts new GS 55-16-22.2 (concerning corporations), GS 57D-2-25 (concerning limited liability companies), and GS 59-84.5 (concerning partnerships) to require the Secretary of State to compile summary information, using the information reported under amended GS 55‑16‑22(a4) on the number of veteran‑owned small businesses and the number of service‑disabled veteran‑owned small businesses reporting in this state and annually report this summary information to the Department of Military and Veterans Affairs by March 1.

    Allows the Office of the Secretary of State and the Department of Revenue to include in the instructions of the annual report forms an explanation that status as a veteran‑owned small business or service‑disabled veteran‑owned small business is being requested to assist the State in documenting the importance and impact of the State's military population in our communities and on our State and local economies. Requires the Office of the Secretary of State to submit the first annual report required by the act by March 1, 2019.

    Makes conforming changes to the act's long title.


  • Summary date: Apr 26 2017 - More information

    House committee substitute makes the following changes to the 1st edition.

    Further amends GS 127A-202, pertaining to reemployment rights of National Guard members, to provide that if the employee's state duty lasted 30 days or less, the employee must make written application to the employee's previous employer for reemployment no later than the first regularly scheduled work period beginning eight hours after the employee has safely traveled from the place of state service to the employee's address.


  • Summary date: Mar 27 2017 - More information

    Amends Article 16 of GS Chapter 157A, National Guard Reemployment Rights, as follows.

    Enacts GS 127A-201.1, defining the terms benefit of employment, qualified, and seniority.

    Amends GS 127A-202, amending and adding to previous provisions and making organizational changes. New subsection (a) requires an employee's previous employer to reemploy the employee in the employee's previous position within five days of the employee's release from state duty. Defines state duty as (1) in the case of a member of the NC National Guard, State active duty under an order of the Governor pursuant to GS Chapter 127A or (2) in the case of a member of the National Guard of another state, service under an order of the governor of that state, which is similar to State active duty. Amends existing language to provide that, if the employee's state duty lasted more than 30 days, the employee is required to make written application to the employee's previous employer for reemployment within 14 days of the employee's release from state duty, and requires the employee to be restored to the employee's previous position or placed in another position as previously specified. New subsection (b) establishes that if an employee is hospitalized for, or convalescing from, an illness or injury incurred in or aggravated during the performance of state duty, the employee is required to make written application for reemployment within the period of recovery. Defines the period of recovery to be the period necessary for the employee to recover from the illness or injury. Limits the period of recovery to not exceed two years, unless the Commissioner of Labor (Commissioner) extends the period. Allows the Commissioner to extend the period only if the employee files a written request for extension at least 15 days prior to the expiration of the two-year period of recovery and the Commissioner finds that reemployment during the two-year period would place an undue burden on the employee. Directs the Commissioner to notify the employee's previous employer of the amount of the extension. Allows a party who is dissatisfied with a decision of the Commissioner to commence a contested case under Article 3 of GS Chapter 150B.

    Makes clarifying change to GS 127A-203, requiring an employer denying employee rights under GS 127A-202 to compensate the employee for any loss of wages or benefits of employment suffered by reason of the employer's unlawful failure or refusal. 

    Makes technical changes.

    Applies to state duty commencing on or after the date the act becomes law.


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