"I hoped what happened last session was a mistake or oversight, and thought we could correct the mistake easily with HB 359. It was disappointing to hear we won't receive the Administration's help in returning these basic legal rights to members of our armed forces. They deserve better, especially at a time when they’ve offered to sacrifice so much," said Gara.

Last year, over opposition from minority members, and some majority members including the House Speaker, the Legislature passed HB 245. Section 4 of that bill took away the right of on-duty military members to recover damages when killed or injured by a state employee’s negligence or recklessness. Specifically, the law states a claim for negligence or recklessness "may not be brought by or on behalf of a member of the military services against the state . . . for wrongful death, personal injury or other tort claim or injury" if the military member is on active duty. Thus, for example, if a state employee negligently runs a red light and paralyzes or kills a military member who is on his way to pick up supplies, the member cannot recover compensation from the state.