BILL NUMBER: AB 2641	CHAPTERED  09/30/08

	CHAPTER  642
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2008
	PASSED THE SENATE  AUGUST 7, 2008
	PASSED THE ASSEMBLY  MAY 22, 2008
	AMENDED IN ASSEMBLY  APRIL 21, 2008
	AMENDED IN ASSEMBLY  APRIL 14, 2008

INTRODUCED BY   Assembly Member Cook

                        FEBRUARY 22, 2008

   An act to add Section 395.6 to the Military and Veterans Code,
relating to military service.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2641, Cook. Military service: protection: mediator.
   Existing law provides certain benefits and protections for members
of the state militia, as specified.
   This bill would authorize the Governor and each state agency and
department to appoint a mediator to take complaints, as specified,
and to resolve and coordinate the resolution of those complaints or
other issues from state employees that are members of the California
National Guard or members of a reserve component of the Armed Forces
of the United States, as specified.


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

  SECTION 1.  Section 395.6 is added to the Military and Veterans
Code, to read:
   395.6.  (a) The Governor may appoint a mediator in his or her
office to take complaints, regarding possible violations or other
issues dealing with the Uniformed Service Employment and Reemployment
Rights Act (38 U.S.C. Sec. 4301 et seq.), hereafter USERRA, and
Section 395.06, and to resolve and coordinate the resolution of those
complaints or issues, from state employees who satisfy both of the
following:
   (1) Are members of either of the following:
   (A) The California National Guard.
   (B) A reserve component of the Armed Forces of the United States.
   (2) Encounter problems regaining their state position when they
return from service in the California National Guard or from service
in a reserve component of the United States Armed Forces.
   (b) Each state agency and department may appoint a mediator to
take complaints, regarding possible violations of USERRA and other
issues relating to state pay, and to resolve and coordinate the
resolution of those complaints with, if necessary, the assistance of
the Governor-appointed ombudsman, from employees of that department
or agency who are members of either the California National Guard or
a reserve component of the Armed Forces of the United States.
   (c) Mediators appointed under the provisions of subdivisions (a)
and (b) shall become knowledgeable about USERRA law and, to the
extent possible, work with the California Committee for Employer
Support of the Guard and Reserve, a Department of Defense
organization, and the California National Guard.