BILL NUMBER: AB 1397	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 12, 2013

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

                        MARCH 6, 2013

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1397, as amended, Committee on Veterans Affairs.  State
militia: Adjutant General: report to the Governor.  
California National Guard and United States Military Reserve:
employment protections.  
   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.  
   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. 
   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.  
   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.  
   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.  
   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. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (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.  
   (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.
 
   (3) These adverse employment actions have contributed to
historically high rates of joblessness among returning California
National Guard or United States Military Reserve members.  
   (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.  
   (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.  
  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.