BILL NUMBER: AB 980	CHAPTERED  09/22/05

	CHAPTER  319
	FILED WITH SECRETARY OF STATE  SEPTEMBER 22, 2005
	APPROVED BY GOVERNOR  SEPTEMBER 22, 2005
	PASSED THE SENATE  SEPTEMBER 1, 2005
	PASSED THE ASSEMBLY  MAY 27, 2005
	AMENDED IN ASSEMBLY  MAY 2, 2005
	AMENDED IN ASSEMBLY  APRIL 25, 2005

INTRODUCED BY   Assembly Member Umberg

                        FEBRUARY 18, 2005

   An act to add Article 4 (commencing with Section 345) to Chapter 5
of Part 1 of Division 2 of the Military and Veterans Code, relating
to the state militia.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 980, Umberg  California militia: disability benefits.
   Existing law provides for specified benefits and compensation for
any officer or enlisted member of the National Guard, the organized
militia when not in the active service of the state, or the
unorganized militia when called into the active service of the state.

   This bill would require the Military Department to determine the
difference between the amount of disability benefits to which an
officer, warrant officer, or enlisted member of the California
National Guard or the organized militia, as specified, who is
injured, wounded, or disabled in the line of duty, as specified, is
entitled to receive from the federal government and the amount of
disability benefits that comparably ranked and injured regular
military personnel would receive. If the Military Department
determines that the amount of disability benefits that regular
military personnel would receive are greater than the amount of
disability benefits that the officers, warrant officers, or enlisted
members would receive, this bill would require that department, upon
an appropriation of funds by the Legislature for this purpose, to
provide to those officers, warrant officers, or enlisted members an
amount equal to the difference between those 2 amounts.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  It is the intent of the Legislature to ensure that all
California National Guard reservists and military personnel, when
called into federal active status, receive the same military combat
disability compensation that is provided to regular active military
service personnel that are injured in combat.
  SEC. 2.  Article 4 (commencing with Section 345) is added to
Chapter 5 of Part 1 of Division 2 of the Military and Veterans Code,
to read:

      Article 4.  State Militia Disability Equality Act

   345.  This article shall be known and may be cited as the State
Militia Disability Equality Act.
   346.  (a) When any officer, warrant officer, or enlisted member of
the California National Guard or the organized militia who is not in
active service in this state is wounded, injured, or disabled in the
line of duty when performing military duty of any nature under Title
10 or Title 32 of the United States Code, the Military Department
shall determine both of the following amounts:
   (1) The amount of disability benefits to which a member of the
United States Armed Forces of the same or equivalent rank would be
entitled from the federal government as a result of a comparable
wound, injury, or disability.
   (2) The amount of disability benefits to which the officer,
warrant officer, or enlisted member is entitled from the federal
government as a result of the wound, injury, or disability.
   (b) If the Military Department determines that the amount
described in paragraph (1) of subdivision (a) is greater than the
amount described in paragraph (2) of subdivision (a), that department
shall, upon an appropriation of funds to the department by the
Legislature for this purpose, provide to the officer, warrant
officer, or enlisted member an amount equal to the difference between
those two amounts.