Amended in Senate March 10, 2014

Senate Bill No. 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 amended, 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.

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Existing law provides that service members on state active duty who retire federally from the California National Guard are automatically assessed into the State Military Reserve.

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This bill would require a service member already serving on state active duty who retires federally from the California National Guard to assess into the State Military Reserve in order to maintain eligibility for continued state active duty.

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

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

SECTION 1.  

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

142.  

(a) The Governor may order the active militia or any
portion of it to perform military duty of every description, including
necessary administrative duties, and to participate in small arms
gunnery competitions in this state or in any other state or territory
or the District of Columbia, or in any fort, camp, or reservation of
the United States. He or she may also authorize the performance
of military duty or participation in small arms or gunnery
competitions by any part of the active militia anywhere outside
the state or outside the United States. Cruise duty ordered for the
Naval Militia may be required to be performed on United States
vessels.

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

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

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federal recognition of his or her grade or rank is withdrawn,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

(e) A service member on state active duty with the Military
Department pursuant to this section shall be any of the following:

(1) A current member of the California National Guard. begin insert For
purposes of this section, a member described in subdivision (c) of
Section 210 shall not be qualified to serve on state active duty
unless he or she maintains current membership in the State Military
Reserve. end insert

(2) An individual who is retired or otherwise honorably
separated from service with the active component of any branch
of the United States Armed Forces, 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.

(3) A current member of the State Military Reserve with a
minimum of two years of service. begin delete Service members end delete

begin insert (f) end insert begin insert   end insert begin insert A service member already serving end insert on state active duty who
begin delete retire end delete begin insert retires end insert federally from the California National Guard shall
begin delete be automatically assessed end delete begin insert assess end insert into the State Military Reserve
begin insert in order to retain eligibility for continued state active duty end insert .

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(f)

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begin insert (g) end insert  A commissioned officer on state active duty assigned to a
general officer position who, previous to that duty, held a state
active duty position at a lower grade, may revert to the grade last
held upon vacation of the general officer position, if a position is
available.

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(g)

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

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(h)

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begin insert (i) end insert  The Adjutant General, under the authority of the Governor
as Commander in Chief, shall promulgate regulations in conformity
with this section.