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. SB 807 (Correa) Page 1 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Mandates that when a service member reaches 64 years of age, or when federal recognition of his or her grade or rank is withdrawn, whichever occurs later, the service member shall be retired from state active duty. 7.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 SB 807 (Correa) Page 2 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. SB 807 (Correa) Page 3