BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 807
                                                                  Page  1

          Date of Hearing:   June 26, 2012

                       ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
                                 Paul J. Cook, Chair
                     SB 807 (Correa) - As Amended:  June 21, 2012

           SENATE VOTE  :   38-0
           
          SUBJECT  :   State Militia

           SUMMARY :   This bill would specify that the state active duty 
          force consists of service members in active state service when 
          ordered by the Governor. This bill would specify and revise 
          conditions for state active duty for service members, as 
          provided, and would authorize the Adjutant General to promulgate 
          regulations in conformity with these provisions.
          Specifically,  this bill  :  

             1.   States that the state active duty force consists of 
               service members in active state military service when 
               ordered by the Governor in accordance with the Military and 
               Veterans Code.

             2.   Requires an order to state active duty under for 
               assignments of less than six years to be based on using the 
               most qualified service member for the assignment.

             3.   Mandates that a service member's orders shall expire 
               annually unless renewed or the service member is separated 
               for cause.

             4.   Provides that a service member ordered to state active 
               duty in accordance with this section who remains on state 
               active duty for a cumulative total of six years shall be 
               eligible for the career state active duty system and may 
               remain on state active duty until the service member 
               reaches 60 years of age or is separated for cause. At 60 
               years of age, a service member's orders shall be temporary 
               and may be renewed annually.

             5.   Mandates that when a service member reaches 64 years of 
               age, or when federal recognition of his or her grade or 
               rank is withdrawn, whichever occurs later, the service 
               member shall be retired from state active duty.









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             6.   Requires that a new service member ordered to state 
               active duty on or after January 1, 2013, with the Military 
               Department pursuant to this section shall be a current 
               member of the California National Guard, retired or 
               otherwise honorably separated from federal active military 
               or California National Guard service with current 
               membership in the State Military Reserve, or be a current 
               member of the State Military Reserve with a minimum of two 
               years of state service. Service members on state active 
               duty who retire federally from the California National 
               Guard shall be automatically assessed into the State 
               Military Reserve.

             7.   Directs that a commissioned officer on state active duty 
               assigned to a general officer position who, previous to 
               that duty, held a state active duty position at a lower 
               grade may revert to the grade last held upon vacation of 
               the general officer position, if a position is available.
             8.   Notwithstanding any other law, a service member who is 
               on state active duty may be relieved from state active duty 
               if the Adjutant General, acting in good faith and on behalf 
               of the Governor, abolishes a position and assigns duties 
               elsewhere.

             9.   Directs the Adjutant General, under the authority of the 
               Governor as Commander in Chief, to promulgate regulations 
               in conformity with this section.

             10.  Requires the Governor to direct the Adjutant General to 
               make rules and regulations in conformity with this code 
               which shall conform as nearly as practicable to those 
               governing the United States Army, United States Air Force, 
               and United States Navy. 

             11.  Renames some of the offices within the Military 
               Department. The office of the Adjutant General consists of 
               one officer of the rank of lieutenant general who is the 
               Adjutant General, one officer of the rank of brigadier 
               general who is the Deputy  Adjutant General, one officer 
               who may be of the rank of brigadier general who is the 
               Assistant  Adjutant General, Army Division, one officer who 
               may be of the rank of brigadier general who is the 
               Assistant Adjutant General, Air Division, one officer who 
               may be of the rank of brigadier general who is the Chief of 
               Staff and Director of the Joint Staff.








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             12.  Requires the Governor to appoint the Adjutant General on 
               State Active Duty, in the Grade of Lieutenant General.

             13.  Provides that the Adjutant General will be paid and 
               receive benefits in accord with Military and Veterans Code 
               Section 320.

             14.  States that the Adjutant General may designate an 
               officer to perform his/her duties in the event the Adjutant 
               General is absent or unable to perform the same.

             15.  Repeals Military and Veterans Code Section 167.

           EXISTING LAW  

             1.   Contains references to permanent active duty positions 
               within the office of the Adjutant General.

             2.   Specifies that those on permanent active duty may remain 
               in that status until age 60, or until federal recognition 
               of grade or rank as a member of the CNG is withdrawn.

             3.   Provides that the Governor may make rules and 
               regulations in conformity with this code which shall 
               conform as nearly as practicable to those governing the 
               United States Army, United States Air Force and United 
               States Navy. Such rules and regulations shall have the same 
               force and effect as the provisions of this code.

           FISCAL EFFECT  :   Unknown at this time.  This bill was in a 
          different form when analyzed by Senate Appropriations.

           COMMENTS  :   In June of 2006, the Bureau of State Audits released 
          a report entitled, "Military Department: It Has Had Problems 
          With Inadequate Personnel Management and Improper Organizational 
          Structure and Has Not Met Recruiting and Facility Maintenance 
          Requirements."  Among other findings, the report concluded with 
          regard to the Department that:

             1.   It has not effectively reviewed its state active duty 
               positions, and as a result may be paying more for some 
               positions than if they were converted to state civil 
               service or federal position classifications.









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             2.   It has convened a panel to review the propriety of its 
               210 state active duty positions and estimates it will take 
               three to five years to implement the panel's 
               recommendations.

             3.   It did not follow its regulations when it temporarily 
               appointed many state active duty members to positions that 
               do not appear to be temporary, failed to advertise some 
               vacant positions as required, and inappropriately granted 
               an indefinite appointment to one state active duty member 
               after he reached the mandatory retirement age.

          In the approximately eighteen months past there have been a 
          substantial number of allegations of misconduct at the 
          Department, allegations raised in multiple venues, including via 
          the press, to legislators and staff, through formal complaints, 
          and through whistleblower allegations, among others.  Some of 
          these allegations concerned the use of the State Active Duty 
          (SAD) program. 

          The bill is intended to codify ambiguities concerning the SAD 
          program and alter some aspects of it which have been 
          controversial, including some aspects noted in the report by the 
          Bureau of State Audits.  

          STATUS OF SAD MEMBERS AS MILITARY- This bill clarifies that 
          there is a status known as SAD. To the extent that there is any 
          ambiguity as to whether SAD members are military (and not, for 
          example, civil service employees), this bill resolves that 
          ambiguity in favor of military status.

          SAD MEMBERS MUST BE COMPETITIVELY SELECTED- Servicemembers 
          ordered to SAD will be selected using a military competitive 
          selection process.  This responds to allegations that 
          servicemembers have been placed on SAD status without being 
          qualified or in otherwise improper fashion.

          SAD "TENURE" SYSTEM REFORM- AS PROPOSED TO BE AMENDED- Under 
          current law, servicemembers on "permanent" active duty with the 
          office of the adjutant general generally may remain on active 
          duty until age 60.  One concern with the present system is that 
          it does not discuss whether a servicemember may be removed for 
          cause or during a reduction in force.  The author will offer an 
          amendment in committee that contains a specific allowance for 
          career state active duty (the equivalent under the bill of the 








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          present tenure/permanent SAD system) servicemembers to be 
          removed for cause.  The bill also contains provisions (discussed 
          more fully below) for those on career SAD to be removed in the 
          event of a reduction in force.

          ELIGIBILITY FOR SAD- To address concerns that SAD members have 
          not always been held to minimum military experience 
          qualifications, the bill proposes certain eligibility 
          requirements.  In order to be eligible for SAD, a servicemember 
          must be a current member of the California National Guard, 
          retired or otherwise honorably separated from federal active 
          military or California National Guard service with current 
          membership in the State Military Reserve, or be a current member 
          of the State Military Reserve with a minimum of two years of 
          service. 

          Current Guard, retired, or honorably service separated personnel 
          will have completed required basic military training at some 
          point in their military careers, so their level of military 
          training is of minimal concern.  Primary concerns have arisen in 
          terms of using the State Military Reserve as a conduit to bring 
          people onto SAD who have had no military training.  According to 
          the author the bill will prevent such practices because State 
          Military Reserve (SMR) personnel receive a minimum amount of 
          military training:

               The Basic Orientation Course is 4 days and is required for 
               everyone within two years.  It takes the place of Basic 
               Training, and has some of the same course content, without 
               land navigation and weapons training.

               Then there are scaled down versions of BNCOC (Basic NCO 
               ÝNon-Commissioned Officer] Course), ANCOC (Advanced NCO 
               ÝNon-Commissioned Officer] Course), and SGM ÝSergeant 
               Major] Course.  All are intensive over one or more weekends 
               at Camp Parks?. 

               New Officers have to graduate from OCS ÝOfficer Candidate 
               School], which is a 12 month course that requires at least 
               1000 hours of work. ?

          While there are minimum training standards for SMR personnel, 
          these do not seem equivalent to the training completed in in the 
          traditional service components and the Guard.  For example, 
          Regular Army enlisted personnel must attend a 9 week basic 








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          training course and then a follow on Advanced Individual 
          Training of varying length. The total length for an army 
          infantry soldier is approximately 14 weeks.  The bill does 
          provide for a two year minimum SMR time-in-service requirement, 
          so the SMR could not easily be used as a quick end-around 
          minimum military experience requirements.

          REDUCTIONS IN FORCE/ABOLISHMENT OF POSITION- Without regard to 
          whether a SAD member has attained permanent/career status, the 
          bill provides for reductions in force of such members.  
          "Notwithstanding any other law, a service member who is on state 
          active duty may be relieved from state active duty if the 
          Adjutant General, acting in good faith and on behalf of the 
          Governor, abolishes a position." Also, in the event of a 
          reduction in force or abolishment of a position, the department 
          will attempt to place the servicemember in a job for which the 
          servicemember is qualified.  This latter provision is similar to 
          some protections offered to civil service employees.

          REGULATIONS FOR SAD- The statute mandates that, pursuant to an 
          order from the Governor, SAD regulations must conform as nearly 
          as possible to those applicable to active duty military.  As 
          stated by the author, "This section applies not only to the 
          regulations that govern of the SAD force, but also those 
          regulations that apply to rest of the Department's activities 
          and operations.  This is necessary to ensure that the Department 
          uses Department of Defense rules and regulations, which 
          represent best business practices for managing a military force, 
          whenever possible."  The clear directive in the bill to conform 
          SAD regulations as closely as possible to federal regulation 
          removes permissive language in the existing statutes.

          ADJUTANT GENERAL AS REGULAR SAD MEMBER- The bill amends 
          section164.1 to clarify that the Adjutant General serves on SAD 
          and shall receive the same pay and benefits pursuant to Section 
          320, as all other SAD members.  This resolves any ambiguities 
          concerning the pay and benefits to which the Adjutant General is 
          entitled.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Military Department









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           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    John Spangler / V. A. / (916) 319-3550