Amended in Senate August 12, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1397

Introduced by Committee on Veterans Affairs (Muratsuchi (Chair), Chávez (Vice Chair), Atkins, Brown, Eggman, Grove, Salas, and Yamada)

March 6, 2013

An act begin delete to amend Section 172 of the Military and Veterans Code, end delete relating to begin delete the state militia. end delete begin insert military employment protections. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1397, as amended, Committee on Veterans Affairs. begin delete State militia: Adjutant General: report to the Governor. end delete begin insert California National Guard and United States Military Reserve: employment protections. end insert

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Existing federal law prohibits a person who is a member of, applies to be a member of, or who performs, has performed, applies to perform, or has an obligation to perform service in, a uniformed service, from being subject to adverse employment actions on the basis of that membership, application for membership, performance of service, application for service, or obligation. Existing federal law entitles any person whose absence from a position of employment is necessitated by reason of service in the uniformed services to reemployment rights and other benefits if certain requirements are met.

end insert begin insert

Existing law prohibits, among other things, an employer from discharging any person from employment because of the performance of any ordered military duty or training or by reason of being an officer or warrant officer, or enlisted member of the military or naval forces of this state, or prejudicing or harming him or her in any manner in his or her employment, position, or status by reason of performance of military service or duty or attendance at military encampments or places of drill or instruction.

end insert begin insert

Existing law entitles a member of the reserve corps of the Armed Forces of the United States or of the National Guard or the Naval Militia to a temporary military leave of absence while engaged in military duty, and prohibits employers from restricting or terminating any collateral benefit for employees because of an employee’s temporary incapacitation incident to duty in the National Guard or Naval Militia.

end insert begin insert

This bill would declare the intent of the Legislature to enact legislation to enhance, clarify, and strengthen the employment protections afforded to members of the California National Guard or the United States Military Reserve in California.

end insert begin delete

Existing law requires the Adjutant General to make a report to the Governor every 4th year containing specified information regarding the operation of the Military Department.

end delete begin delete

This bill would instead require the report to be made on or before July 1, 2014, and on or before July 1 each year thereafter, to the Governor and the Legislature.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert The Legislature finds and declares all of the
following: end insert

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(a) (1) The jobs of the nation’s citizen soldiers in the California
National Guard or the United States Military Reserve are supposed
to be safe while they are serving their country. Neither federal nor
state law authorizes employers to penalize service members for
attending to their military duties.

end insert begin insert

(2) In spite of existing legal protections, every year, thousands
of California National Guard or United States Military Reserve
troops returning from Afghanistan and elsewhere come home only
to find they have been replaced, demoted, denied benefits, or denied
seniority.

end insert begin insert

(3) These adverse employment actions have contributed to
historically high rates of joblessness among returning California
National Guard or United States Military Reserve members.

end insert begin insert

(4) Many of those considering military service in the California
National Guard or the United States Military Reserve will be
deterred from entering the military absent a guarantee that their
civilian jobs will be safe on their return from active service.

end insert begin insert

(b) In light of the fact that members of the California National
Guard or the United States Military Reserve in California continue
to experience both overt and subtle forms of discrimination in
employment, it is the intent of the Legislature to enact legislation
to enhance, clarify, and strengthen the employment protections
afforded to them in California.

end insert

begin delete

SECTION 1.  

Section 172 of the Military and Veterans Code
is amended to read:

172.  

(a) On or before July 1, 2014, and on or before July 1
each year thereafter, the Adjutant General shall make report to the
Governor and the Legislature. The report shall include a statement
of the moneys received and disbursed by the Adjutant General for
military purposes, the number and condition of the active militia,
and a history of the activities and developments of the Military
Department during the preceding year.

(b) The report required pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government
Code.

  

 

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