2022 -- H 6619

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LC003492

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO MILITARY AFFAIRS AND DEFENSE -- CIVIL AIR PATROL ACT

     

     Introduced By: Representatives Casimiro, Noret, and Vella-Wilkinson

     Date Introduced: January 06, 2022

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 30 of the General Laws entitled "MILITARY AFFAIRS AND

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DEFENSE" is hereby amended by adding thereto the following chapter:

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CHAPTER 5.1

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CIVIL AIR PATROL ACT

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     30-5.1-1. Short title.

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     This act shall be known and may be cited as the "Civil Air Patrol Act."

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     30-5.1-2. Legislative findings and intent.

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     (a) The general assembly hereby makes the following findings:

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     (1) The Civil Air Patrol (CAP) is the congressionally chartered official auxiliary of the

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United States Air Force. It performs three (3) congressionally assigned key missions: emergency

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services, which includes search and rescue, by air and ground, and disaster relief operations;

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aerospace education for youth and the general public; and cadet programs for teenage youth. In

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addition, the CAP is tasked with homeland security and other missions.

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     (2) The CAP also performs nonauxiliary missions for various federal and state

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governmental and private agencies, such as the Rhode Island Army and Air National Guard, Rhode

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Island emergency management agency, Rhode Island department of environmental management,

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Rhode Island department of labor and training, local law enforcement, the Federal Emergency

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Management Agency and the American Red Cross.

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     (3) The Rhode Island wing of the CAP is organized, equipped, governed, administered and

 

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trained in accordance with the rules and regulations of the United States Air Force and the CAP.

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     (4) The Rhode Island wing of the CAP has air and ground assets located throughout the

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state, as well as highly trained aircrews, ground search crews and other mission support personnel

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who perform, as unpaid professionals, valuable emergency services missions for the citizens of

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Rhode Island. Additionally, the Rhode Island wing of the CAP, through its missions of aerospace

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education and cadet programs, is instrumental in developing Rhode Island's youth as the leaders of

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the future.

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     (b)(1) In light of the invaluable services provided by the Rhode Island wing of the CAP to

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the state, it is the intent of the general assembly for the state to provide administrative, financial

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and other support to the Rhode Island wing of the CAP in order that it can continue to train and

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equip itself and its eleven (11) unpaid personnel to perform these valuable missions for the citizens

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of the state.

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     (2) It is also the intent of the general assembly to create protections for employees who are

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members of the CAP and who train for, and respond to, emergency services missions.

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     30-5.1-3. Definitions.

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     As used in this chapter:

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     (1) "Civil Air Patrol leave" means leave requested by an employee who:

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     (i) Is a volunteer member of the civilian auxiliary of the United States Air Force known as

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the Civil Air Patrol; and

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     (ii) Has been authorized by the United States Air Force, the governor or a department,

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division, agency or political subdivision of the state to respond to or train for an emergency mission.

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     (2) "Emergency mission" means an Air Force assigned mission under which the Rhode

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Island wing of the Civil Air Patrol conducts operations.

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     (3) "Employee" means any individual who performs services for, or under the control of,

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a provider of wages or remuneration.

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     (4) "Employee benefits" means all benefits other than wages given by an employer.

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     (5) "Employer" means any person or entity that employs more than fifteen (15) employees.

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     30-5.1-4. Administration - Expenses of Civil Air Patrol.

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     (a) Due to the nature of its congressionally assigned key missions and nonassigned

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missions, the Rhode Island wing of the CAP shall be administered by the CAP Wing Commander

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with applicable state, federal and CAP regulations.

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     (b) The CAP Wing Commander, may expend state funds as follows:

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     (1) For operational missions or other objectives related to national security, homeland

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security, emergency response, disaster relief or other similar missions;

 

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     (2) For educational and training purposes of the CAP, including, but not limited to, the

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purchase of CAP aviation, homeland security and emergency services education training aid books,

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materials and equipment;

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     (3) To defray maintenance, repair and replacement costs of CAP aircraft, motor vehicles

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and other homeland security and emergency services equipment;

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     (4) To purchase and obtain supplies and equipment for the CAP; and

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     (5) To maintain the communications network for the CAP and to integrate it with other

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state communications networks.

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     (c) Funds specifically appropriated by the general assembly for the purposes specified in

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subsection (b) of this section may be expended by the CAP Wing Commander and shall be

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expended for no other purposes.

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     30-5.1-5. Nondiscrimination by employer against Civil Air Patrol members.

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     (a) An employer may not discriminate against or discharge from employment an employee

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who has been employed for a minimum of ninety (90) days and is a member of the CAP because

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of membership in the CAP.

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     (b) An employer may not hinder or prevent an employee who has been employed for a

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minimum of ninety (90) days from performing service as part of the Rhode Island wing of the CAP

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during an emergency mission or training if the member is entitled to leave pursuant to the provisions

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of this chapter.

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     30-5.1-6. Employer to provide leave.

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     (a) An employer shall provide up to a maximum of ten (10) days per calendar year of

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unpaid CAP leave to an employee training for an emergency mission of the Rhode Island wing of

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the CAP.

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     (b) An employer shall provide up to a maximum of thirty (30) days per calendar year of

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unpaid Civil Air Patrol leave to an employee responding to an emergency mission of the Rhode

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Island wing of the CAP.

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     (c) An employee shall give the employer:

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     (1) At least fourteen (14) days notice of the intended dates of the beginning and end of

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leave together with an estimate of the amount of time needed to complete training; and

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     (2) As much notice as possible of the intended dates of the beginning and end of leave

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together with an estimate of the amount of time needed to complete an emergency mission.

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     (d) The employee shall report to the employer necessary changes in the time required to

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complete the training or mission.

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     (e) The employer may require verification of the eligibility of the employee for the CAP

 

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leave requested or taken.

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     (f) If the employee fails to provide the required verification, the employer may deny the

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CAP leave.

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     (g) An employee taking leave under this section is not required to exhaust all available

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leave or time-off benefits before using CAP leave.

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     (h) This section shall not prevent an employer from providing an employee paid leave.

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     30-5.1-7. Return to work by employee.

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     (a) When the employee returns to work, the employer shall restore the employee to the

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position held when the leave began or to a position with equivalent seniority status, benefits, pay

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and conditions of employment.

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     (b) An employer may decline to restore an employee as required in this section because of

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circumstances unrelated to the provisions of this section.

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     (c) An employer and an employee may negotiate for the employer to pay for the benefits

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of the employee during the leave, but the employer is not required to continue or maintain employee

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benefits for any employee eligible for leave under this chapter where the employee would not be

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otherwise eligible for any benefit under the policies of the employer or the content of any employee

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benefit plan which regulates eligibility for benefits.

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     30-5.1-8. Accrued benefits retention - Restriction on use of leave - Collective

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bargaining agreements.

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     (a) The use of CAP leave under this chapter may not result in the loss of an employee

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benefit accrued before the first date of leave.

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     (b) An employee using leave under any other provision of state or federal law may not

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concurrently use leave granted under this chapter.

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     (c) This chapter does not affect the obligation of an employer to comply with a collective

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bargaining agreement or an employee benefit plan that provides greater leave rights to employees

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than the rights provided under this chapter.

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     (d) The grant of leave under this chapter may not be diminished by a collective bargaining

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agreement or an employee benefit plan entered into on or after July 1, 2022.

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     (e) This chapter does not affect or diminish the contract rights or seniority status of an

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employee not entitled to CAP leave.

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     30-5.1-9. Certain actions by employer prohibited.

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     (a) An employer may not interfere with the use of CAP leave allowed under this chapter.

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     (b) An employer may not discharge, fine, suspend, expel, discipline or in any other manner

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discriminate against an employee who is a member of the CAP as a result of the employee's

 

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compliance with the provisions of this chapter or as the result of opposition to a practice not in

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compliance with this chapter.

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     30-5.1-10. Enforcement.

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     (a) An employee may bring a civil action in the appropriate superior court to enforce the

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provisions of this chapter.

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     (b) The court may enjoin an act or practice that violates the provisions of this chapter and

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may order equitable relief to redress the violation or to enforce this chapter, including the recovery

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of lost wages incurred as a result of any violation under this chapter. No other monetary damages

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may be awarded or recovered.

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     SECTION 2. 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 -- CIVIL AIR PATROL ACT

***

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     This act would authorize state assistance to the Rhode Island wing of the Civil Air Patrol

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(CAP) to support continued training and equipment for use by the state during times of natural

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disaster or emergency in accordance with needs requested by the Rhode Island Emergency

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Management Agency (EMA) in conjunction with the governor.

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     This act would take effect upon passage.

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