BILL ANALYSIS                                                                                                                                                                                                    






                      SENATE COMMITTEE ON VETERANS AFFAIRS
                             JEFF DENHAM, CHAIRMAN
                                             


          Bill No:        SB 647
          Author:         Denham
          Version:        As Amended April 13
          Hearing Date:   April 14, 2009
          Fiscal:         Yes
          Consultant:     Donald E. Wilson


                                 SUBJECT OF BILL  
          Education benefits for active duty militia components.  
           
                                   PROPOSED LAW  
          Create the National Guard Assistance Award Program.  
           
                           EXISTING LAW AND BACKGROUND  
          Existing law - not applicable.  California has no education  
          benefits.  The legislature passed a program in 2003 called  
          National Guard Assumption Program of Loans for Education  
          (APLE), but then decided not to fund the program.  The APLE  
          program has since expired due to a sunset date.

          The guard is a component of the State Militia funded by the  
          Federal Government; hence, the Federal Government decides  
          how many and what kind of billets reside here.

          A major factor in the Federal Government's decisions on  
          billet allocation is a state's National Guard  
          participation.  Other states have been offering more and  
          more benefits to their guardsmen to increase participation  
          numbers.  The result has been that the Federal Government  
          has redeployed billets to those states.  On a comparative  
          level, California offers its state militia members very  
          little.  This fact is believed to be a significant reason  
          why other states' national guards have been continually  
          outdistancing California in recruitment efforts and has  
          negatively affected the ability of the California National  
          Guard to address the needs of the state.

          California's National Guard has been a shrinking force  
          since the 1990s.  In fewer than two decades, the guard has  
          lost an entire brigade force (the state has lost roughly  









          12,000 Guardsmen) and two headquarters posts.  The  
          California Air National Guard has lost two air battalions  
          including an air refueling wing.



                                         


                                    COMMENT  
             1.   This bill is SB 1752 (Wyland) of 2008.

             2.   Other states continue to receive National Guard  
               billets that used to be assigned to California because  
               of better retention rates.  There is little mystery as  
               to why California has retention problems.

             3.   Amongst US states and territories California holds  
               the distinction of ranking dead last in educational  
               benefits offered to guardsmen.  Only the fact that the  
               tiny island territory of Guam also offers nothing  
               prevents the Golden State from holding the undisputed  
               title. 

             4.   Salary figures in the following examples assume  
               full-time, pre-tax military pay for those activated to  
               full-time service.

                           20,942 men and women serve in the  
                    California Air and National Guard
                           1,839 are officers who already have their  
                    degrees
                           16,492 members of the Air and National  
                    Guard are of the ranks E-1 to E-6, the ranks most  
                    likely to make use of an education benefits  
                    package.
                           According to California's Department of  
                    Finance Statistical Abstract of 2005, per capita  
                    income in California was $35,172 in 2004.***
                           A family of three making under $17,600  
                    per annum is considered under the federal poverty  
                    level.
                           For a family with two children, the  
                    federal poverty level is considered $21,200 per  

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                    annum.
                           The maximum pay for an E-1 is $1347.00*  
                    per month or $16,164 per annum.  An E-1 married  
                    with a child will receive a pre-tax maximum pay  
                    that is almost $1500 below the federal poverty  
                    level** for a family of three. 
                           An E-2 with maximum pay in the same  
                    scenario clears the federal poverty line by $500  
                    per annum in dollars.
                           An E-3 making maximum pay will earn  
                    $20,253.60 a figure almost $2,500 below the  
                    lowest per capita income statistic of 2004 in  
                    spite of the fact that he or she is being paid in  
                    2008 dollars.  If this E-3 has two children, the  
                    family also falls $946 below the federal poverty  
                    line.  With one child, this National Guard family  
                    would find the fabulous wealth that is $2,653  
                    above the poverty line.
                           An E-4 making maximum pay makes $25,621.2  
                    annually.
                           An E-5 making maximum pay would receive  
                    $2,722.20 but has to serve over 12 years to get  
                    to the pay grade.  The average E-5 who would have  
                    six years of service makes $28,861.20.
                           An E-6 with ten years experience makes  
                    $35,164.80 every year.
                           Of the 16,492 soldiers and airmen most  
                    likely to use this program, 1,109 of them are  
                    E-1.  Those who are activated in 2008 will not  
                    come within $19,000 of California's per capita  
                    income for 2004.
                           There are 668 E-2s.  Those activated to  
                    service in 2008 will not come within $17,000 of  
                    the state's 2004 per capita income.
                           1,924 E-3s stand to fall short of the  
                    2004 standard by $14,918 if they are activated.
                           3,701 of the 16,492 guardsmen most likely  
                    to use this program at some point will flirt with  
                    the federal poverty standards.
                           The two largest ranks of soldiers in the  
                    guard services are E-4s and E-5s, who account for  
                    4,952 and 5,125 servicemen respectively.  An  
                    activated E-4 in 2008 will not come within $9,500  
                    of California's 2004 per capita income and an E-5  

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                    will not come within $6,300 of that figure.
             1.   Even the most experienced, high-ranking National  
               Guardsman likely to take advantage of this program in  
               any numbers will still make eight fewer dollars in  
               2008 than the average Californian made in 2004.  Many  
               of the individuals who will have earned the  
               opportunity to participate in this program did so by  
               flirting with the federal poverty line at some point  
               while putting their lives on the line.  

          *According to pay charts effective January 1, 2008
          **  Federal Register  , Vol. 73, No 15, January 23, 2008, pp  
          3971-3972
          ***  
           http://www.dof.ca.gov/HTML/FS_DATA/STAT-ABS/documents/StatAb 
          s05_web4.pdf  Pg. 79

                                     SUPPORT  
          American Legion, Department of California


                                      OPPOSE  
          None received





















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