Senate BillNo. 948


Introduced by Committee on Veterans Affairs (Senators Hueso (Chair), Block, Correa, Knight, Lieu, Nielsen, and Roth)

February 6, 2014


An act to amend Section 142 of the Military and Veterans Code, relating to the state militia.

LEGISLATIVE COUNSEL’S DIGEST

SB 948, as introduced, Committee on Veterans Affairs. Active militia.

Existing law identifies the Governor as the Commander in Chief of the Militia of the State. The authority of the Governor in this regard includes ordering the active militia or any portion of it to perform military duty of every description, as specified. Existing law designates the necessary qualifications for a service member on state active duty.

This bill would recast and revise the above-referenced qualifications for state active duty service members, to include retired or separated members of the federal reserve component of any branch of the United States Armed Forces or the federally recognized National Guard of any state or United States territory, with current membership in the State Military Reserve.

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

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

P1    1

SECTION 1.  

Section 142 of the Military and Veterans Code
2 is amended to read:

3

142.  

(a) The Governor may order the active militia or any
4portion of it to perform military duty of every description, including
5necessary administrative duties, and to participate in small arms
P2    1gunnery competitions in this state or in any other state or territory
2or the District of Columbia, or in any fort, camp, or reservation of
3the United States. He or she may also authorize the performance
4of military duty or participation in small arms or gunnery
5competitions by any part of the active militia anywherebegin delete withoutend delete
6begin insert outsideend insert the state orbegin delete withoutend deletebegin insert outsideend insert the United States. Cruise duty
7ordered for the Naval Militia may be required to be performed on
8United States vessels.

9(b) Service members selected for permanent positions shall be
10selected using a military competitive selection process. A service
11member ordered to state active duty in accordance with this section
12who remains on state active duty for six consecutive years shall
13be eligible for career state active duty status and may remain on
14state active duty until the service member reaches 60 years of age
15or is separated for cause. At 60 years of age, a service member
16may remain on state active duty under temporary ordersbegin insert,end insert which
17may be renewed annually.

18(c) Orders for a service member with less than six years of state
19active duty service shall expire annually unless renewed or the
20service member is separated for cause.

21(d) When a service member reaches 64 years of age, or when
22federal recognition of his or her grade or rank is withdrawn,
23whichever occurs later, the service member shall be retired from
24state active duty.

25(e) A service member on state active duty with the Military
26Department pursuant to this section shall bebegin delete a current member of
27the California National Guard, retired or otherwise honorably
28separated from federal active military or California National Guard
29service with current membership in the State Military Reserve, or
30be a current member of the State Military Reserve with a minimum
31of two years of service. Service members on state active duty who
32retire federally from the California National Guard shall be
33automatically assessed into the State Military Reserve.end delete
begin insert any of the
34following:end insert

begin insert

35(1) A current member of the California National Guard.

end insert
begin insert

36(2) An individual who is retired or otherwise honorably
37separated from service with the active component of any branch
38of the United States Armed Forces, the federal reserve component
39of any branch of the United States Armed Forces, or the federally
P3    1recognized National Guard of any state or United States territory,
2with current membership in the State Military Reserve.

end insert
begin insert

3(3) A current member of the State Military Reserve with a
4minimum of two years of service. Service members on state active
5duty who retire federally from the California National Guard shall
6be automatically assessed into the State Military Reserve.

end insert

7(f) A commissioned officer on state active duty assigned to a
8general officer position who, previous to that duty, held a state
9active duty position at a lower gradebegin insert,end insert may revert to the grade last
10held upon vacation of the general officer position, if a position is
11available.

12(g) Notwithstanding any other law, a service member who is
13on state active duty may be relieved from state active duty if the
14Adjutant General, acting in good faith and on behalf of the
15Governor, abolishes a position. The department shall make
16reasonable attempts to place the service member in an available
17position for which the service member is otherwise qualified.

18(h) The Adjutant General, under the authority of the Governor
19as Commander in Chief, shall promulgate regulations in conformity
20with this section.



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