BILL NUMBER: AB 2449	CHAPTERED  08/01/08

	CHAPTER  243
	FILED WITH SECRETARY OF STATE  AUGUST 1, 2008
	APPROVED BY GOVERNOR  AUGUST 1, 2008
	PASSED THE SENATE  JULY 3, 2008
	PASSED THE ASSEMBLY  JULY 14, 2008
	AMENDED IN SENATE  JUNE 23, 2008
	AMENDED IN SENATE  JUNE 17, 2008
	AMENDED IN SENATE  MAY 27, 2008
	AMENDED IN SENATE  MAY 14, 2008
	AMENDED IN ASSEMBLY  APRIL 2, 2008

INTRODUCED BY   Assembly Member Davis
   (Coauthors: Assembly Members DeVore and Portantino)

                        FEBRUARY 21, 2008

   An act to amend Section 395.06 of the Military and Veterans Code,
relating to military and veterans.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2449, Davis. Military service: privileges: job protection.
   Existing law provides protections for members of the National
Guard ordered into active state service by the Governor or active
federal service by the President of the United States for emergency
purposes, and for reservists called to active duty, as specified.
   Existing law provides protections for these persons during their
period of military service with respect to their private employment
rights upon return from service, and authorizes a district attorney
of the county in which an employer maintains a place of business to
act as an attorney on behalf of a service member in any action, as
specified, against an employer who fails or refuses to comply with
those provisions.
   This bill would expand those provisions by additionally allowing
any city prosecutor of the city in which an employer maintains a
place of business to act as an attorney on behalf of a service member
in any action, as specified, against an employer who fails or
refuses to comply with those provisions.


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

  SECTION 1.  Section 395.06 of the Military and Veterans Code is
amended to read:
   395.06.  (a) Every officer and enlisted member of the California
National Guard who, in order to undertake active military duty in the
service of the state when the Governor has issued a proclamation of
a state of insurrection pursuant to Section 143, or a proclamation of
a state of extreme emergency or when the California National Guard
is on active duty pursuant to Section 146, or a service member called
to active service or duty under Chapter 7.5 (commencing with Section
400), has left a position, other than a temporary position, in
private employment, receives a certificate of satisfactory service in
the California National Guard or an equivalent thereof, is still
qualified to perform the duties of that position, and makes
application within 40 days after release from service shall be
considered as on leave of absence during that period and shall be
restored by the former employer to the former position or to a
position of similar seniority, status, and pay without loss of
retirement or other benefits, unless the employer's circumstances
have so changed as to make it impossible or unreasonable to do so,
and shall not be discharged from the position without cause within
one year after being restored to the position.
   (b) Every officer and enlisted member who has left a part-time
position in private employment for purposes of service pursuant to
subdivision (a), receives a certificate of satisfactory service in
the California National Guard or an equivalent thereof, is still
qualified to perform the duties of that position, and makes
application within five days after release from service shall be
considered as on leave of absence during that period and shall be
restored by the former employer to the former position, or to a
position of similar seniority, status, and pay, if any exists, and
shall not be discharged from the position without cause within one
year after being restored to the position.
   (c) If any employer fails or refuses to comply with this section,
the superior court of the county in which the employer maintains a
place of business may, upon the filing of a motion, petition, or
other appropriate pleading by the person entitled to the benefits of
this section, specifically require the employer to comply with this
section and compensate the person for any loss of wages or benefits
suffered by reason of the employer's unlawful action. The court shall
order a speedy hearing and shall advance it on the calendar. Upon
application to the district attorney of the county in which the
employer maintains a place of business by any person claiming to be
entitled to the benefits of this section, the district attorney, if
reasonably satisfied that the person is entitled to these benefits,
shall appear and act as attorney for the person in the amicable
adjustment of the claim or in the filing of any motion, petition, or
other appropriate pleading and the prosecution thereof to
specifically require the employer to comply with this section. No
fees or court costs are required to be paid by the person applying
for these benefits.
   (d) Upon application to the city prosecutor of the city in which
the employer maintains a place of business by any person claiming to
be entitled to the benefits of this section, the city prosecutor, if
reasonably satisfied that the person is entitled to these benefits,
may appear and act as attorney for the person in the amicable
adjustment of the claim or in the filing of any motion, petition, or
other appropriate pleading and the prosecution thereof to
specifically require the employer to comply with this section. No
fees or court costs are required to be paid by the person applying
for these benefits.