BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 807| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 807 Author: Correa (D) Lieu (D) Amended: 6/21/12 Vote: 21 SENATE VOTES NOT RELEVANT ASSEMBLY FLOOR : 77-1, 8/21/12 - See last page for vote SUBJECT : State militia SOURCE : Author DIGEST : This bill specifies that the state active duty force consists of service members in active state service when ordered by the Governor. This bill specifies and revises conditions for state active duty for service members, as provided, and authorizes the Adjutant General to promulgate regulations in conformity with these provisions. Assembly Amendments delete the Senate version of the bill relating to retirement and replaces it with the above language. ANALYSIS : Existing law 1. Contains references to permanent active duty positions CONTINUED SB 807 Page 2 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until age 60, or until federal recognition of grade or rank as a member of the California National Guard (CNG) is withdrawn. 3.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. 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. 6. Requires that a new service member ordered to state CONTINUED SB 807 Page 3 active duty on or after January 1, 2013, with the Military Department pursuant to this section shall be a current member of the CNG, retired or otherwise honorably separated from federal active military or CNG 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 CNG 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. CONTINUED SB 807 Page 4 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. 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: 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. 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. 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 CONTINUED SB 807 Page 5 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. This bill intends 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. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 6/26/12) California Military Department ASSEMBLY FLOOR : 77-1, 08/21/12 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Silva, Skinner, Smyth, Solorio, Swanson, Torres, Wagner, Wieckowski, Williams, Yamada, John A. Pérez NOES: Norby NO VOTE RECORDED: Roger Hernández, Valadao DLW:dk 8/21/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED SB 807 Page 6 CONTINUED