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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