BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 807|
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                              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 
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             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             California National Guard (CNG) is withdrawn.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 

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             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.

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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.

           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 

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          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

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