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California National Guard (CNG) is withdrawn.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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