BILL NUMBER: AB 583	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 15, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Chávez

                        FEBRUARY 24, 2015

   An act to amend Section 395.06 of the Military and Veterans Code,
relating to military service.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 583, as amended, Chávez. Military service: employment
protections.
   Existing law provides protections for members of the National
Guard ordered into active state service by the Governor or active
federal service by the President of the United States for emergency
purposes, and for reservists called to active duty, as specified.
   Existing law provides protections for these persons during their
period of military service with respect to their private employment
rights upon return from service, and requires the district attorney
of the county in which an employer maintains a place of business to
act as an attorney on behalf of a service member in any action, as
specified, against an employer who fails or refuses to comply with
those provisions, if the district attorney is reasonably satisfied
that the person is entitled to these benefits.
   This bill would reorganize these provisions, and would 
extend these protections to members of the National Guard of other
states who are called to military service by their respective
Governors or by the President of the United States, and who have left
a position in private employment in California. Because this bill
would expand the duties of district attorneys, this bill would impose
a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 395.06 of the Military and Veterans Code is
amended to read: 
   395.06.  (a) (1) Every officer and enlisted member of the
California National Guard who, in order to undertake active military
duty in the service of the state when the Governor has issued a
proclamation of a state of insurrection pursuant to Section 143, or a
proclamation of a state of extreme emergency or when the California
National Guard is on active duty pursuant to Section 146, or a
service member called to active service or duty under Chapter 7.5
(commencing with Section 400), has left a position, other than a
temporary position, in private employment, receives a certificate of
satisfactory service in the California National Guard or an
equivalent thereof, is still qualified to perform the duties of that
position, and makes application within 40 days after release from
service shall be considered as on leave of absence during that period
and shall be restored by the former employer to the former position
or to a position of similar seniority, status, and pay without loss
of retirement or other benefits, unless the employer's circumstances
have so changed as to make it impossible or unreasonable to do so,
and shall not be discharged from the position without cause within
one year after being restored to the position.
   (2) Every officer and enlisted member of the National Guard of a
state other than California who, in order to undertake active
military duty in the service of that state when the Governor of that
state has issued a proclamation of a state of insurrection, or a
proclamation of a state of extreme emergency or when the National
Guard of that state is on active duty, or a service member called to
active service or duty by the Governor of that state or into active
federal service by the President of the United States pursuant to
Title 10 or 32 of the United States Code, has left a position, other
than a temporary position, in private employment in California,
receives a certification of satisfactory service in the National
Guard of another state or an equivalent thereof, is still qualified
to perform the duties of that position, and makes application within
40 days after release from service shall be considered as on leave of
absence during that period and shall be restored by the former
employer to the former position or to a position of similar
seniority, status, and pay without loss of retirement or other
benefits, unless the employer's circumstances have so changed as to
make it impossible or unreasonable to do so, and shall not be
discharged from the position without cause within one year after
being restored to the position.
   (b) Every officer and enlisted member of the California National
Guard, or the National Guard of a state other than California, who
has left a part-time position in private employment for purposes of
service pursuant to paragraph (1) or (2) of subdivision (a), receives
a certificate of satisfactory service in the California National
Guard, or the National Guard of another state or an equivalent
thereof, is still qualified to perform the duties of that position,
and makes application within five days after release from service
shall be considered as on leave of absence during that period and
shall be restored by the former employer to the former position, or
to a position of similar seniority, status, and pay, if any exists,
and shall not be discharged from the position without cause within
one year after being restored to the position. 
    395.06.    (a) A private employer shall consider a
former employee who meets the requirements of subdivision (b) as
having been on a leave of absence during any period of the former
employee's active service in the National Guard of any state, and is
subject to both of the following:  
   (1) If the former position was a full-time position, and not a
temporary position, the former employer shall restore the former
employee to the former position or to a position of similar
seniority, status, and pay without loss of retirement or other
benefits, unless the employer's circumstances have so changed as to
make it impossible or unreasonable to do so, and shall not discharge
the former employee from the position without cause within one year
after restoring him or her to the position.  
   (2) If the position was a part-time position, and not a temporary
position, the former employer shall restore the former employee to
the former position, or to a position of similar seniority, status,
and pay, if any exists, and shall not discharge the former employee
from the position without cause within one year after restoring him
or her to the position.  
   (b) To be eligible for the employment protections specified in
paragraph (1), the former employee shall meet all of the following
requirements:  
   (1) He or she is an officer or enlisted member of the National
Guard of any state.  
   (2) He or she was called to active duty by the Governor of the
state where he or she serves in the National Guard or by the
President of the United States.  
   (3) He or she received a certificate of satisfactory service in
the National Guard of the state where he or she serves in the
National Guard.  
   (4) He or she is still qualified to perform the duties of the
position.  
   (5) If he or she left a full-time position, he or she made
application for reemployment within 40 days of being released from
service. If he or she left part-time employment, he or she made
application for reemployment within five days of being released from
service. 
   (c) If any employer fails or refuses to comply with this section,
the superior court of the county in which the employer maintains a
place of business may, upon the filing of a motion, petition, or
other appropriate pleading by the person entitled to the benefits of
this section, specifically require the employer to comply with this
section and compensate the person for any loss of wages or benefits
suffered by reason of the employer's unlawful action. The court shall
order a speedy hearing and shall advance it on the calendar. Upon
application to the district attorney of the county in which the
employer maintains a place of business by any person claiming to be
entitled to the benefits of this section, the district attorney, if
reasonably satisfied that the person is entitled to these benefits,
shall appear and act as attorney for the person in the amicable
adjustment of the claim or in the filing of any motion, petition, or
other appropriate pleading and the prosecution thereof to
specifically require the employer to comply with this section. No
fees or court costs are required to be paid by the person applying
for these benefits.
   (d) Upon application to the city prosecutor of the city in which
the employer maintains a place of business by any person claiming to
be entitled to the benefits of this section, the city prosecutor, if
reasonably satisfied that the person is entitled to these benefits,
may appear and act as attorney for the person in the amicable
adjustment of the claim or in the filing of any motion, petition, or
other appropriate pleading and the prosecution thereof to
specifically require the employer to comply with this section. No
fees or court costs are required to be paid by the person applying
for these benefits.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.