BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
SB 807 (Correa) - Military: State Active Duty
Amended: June 21, 2012 Policy Vote: N/A
Urgency: No Mandate: No
Hearing Date: August 23, 2012
Consultant: Maureen Ortiz
This bill does not meet the criteria for referral to the
Suspense File.
Bill Summary: SB 807 clarifies current law and codifies
existing internal policies governing the administration of full
time state military members on State Active Duty. The rules
established in this bill mirror federal military procedures and
represent best business practices for administration of a
military force.
Fiscal Impact: Minor costs to the Military Department to modify
existing regulations. (General)
Background: There are currently about 600 state active duty
personnel who serve as appointed by the Governor. These
individuals are not civil service employees - they are members
of the military, however, they do participate in the CalPERS
retirement system as Miscellaneous employees. The state active
duty personnel are full-time employees that support the
California National Guard which consists of approximately 23,000
part-time individuals.
Proposed Law: SB 807 does the following:
1. States Legislative Intent that the full-time state
military force is commanded by the Governor and is an
integral part of the State Emergency Management System and
the National Response Framework.
2. 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.
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3. Requires an order to state active duty for assignments
of less than six years to be based on using the most
qualified service member for the assignment.
4. Mandates that a service member's orders shall expire
annually unless renewed or the service member is separated
for cause.
5. 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.
6. 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.
7. Requires that a new service member ordered to state
active duty on or after January 1, 2013 with the Military
Department 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.
8. 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.
9. Provides that 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
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Governor, abolishes a position and assigns duties
elsewhere.
10. Directs the Adjutant General, under the authority of the
Governor as Commander in Chief, to promulgate regulations
in conformity with the provisions of SB 807.
11. 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.
12. 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.
13. Requires the Governor to appoint the Adjutant General on
State Active Duty, in the Grade of Lieutenant General.
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 which
established a type of "tenure" for members of the Military
Department that hold positions within the Office of the
Adjutant General. The existing language has led to several
different interpretations over the years and will now be
obsolete.
Staff Comments: SB 807 has been referred to this committee
pursuant to Senate Rule 29.10.
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