BILL NUMBER: SB 807 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 27, 2012
PASSED THE ASSEMBLY AUGUST 21, 2012
AMENDED IN ASSEMBLY JUNE 21, 2012
AMENDED IN ASSEMBLY JUNE 19, 2012
AMENDED IN ASSEMBLY APRIL 16, 2012
AMENDED IN SENATE JUNE 13, 2011
INTRODUCED BY Senator Correa
(Coauthor: Assembly Member Pan)
FEBRUARY 18, 2011
An act to amend Sections 142, 148, 161, 162, 164.1, and 166 of, to
add Section 141.5 to, and to repeal Section 167 of, the Military and
Veterans Code, relating to the state militia.
LEGISLATIVE COUNSEL'S DIGEST
SB 807, Correa. State militia.
Existing law provides that the Governor is the Commander in Chief
of the Militia of the State. Existing law authorizes the Governor to
order the active militia or any portion of the militia to perform
military duty of every description, as described.
This bill would specify that the state active duty force consists
of service members in active state service when ordered by the
Governor. This bill would specify and revise conditions for state
active duty for service members, as provided, and would authorize the
Adjutant General to promulgate regulations in conformity with these
provisions.
Existing law authorizes the Governor to make rules and regulations
in conformity with the Military and Veterans Code that conform as
nearly as practicable to those governing the United States Army,
United States Air Force, and United States Navy.
This bill would instead require the Governor to direct the
Adjutant General to make those rules and regulations.
Existing law specifies the membership of the office of the
Adjutant General, including one officer who may be of the rank of
brigadier general who is the Assistant Adjutant General. Existing law
specifies that the Assistant Adjutant General is subordinate only to
the Governor and the Adjutant General, and specifies 2 officers who
may be of the rank of brigadier general, one of whom is the Deputy
Adjutant General, Army Division and the other who is the Deputy
Adjutant General, Air Division.
This bill would revise the ranks of officers in that office, by
providing instead for one officer who may be of the rank of brigadier
general who is the Deputy Adjutant General, and would require his or
her duties to be assigned by the Adjutant General. This bill would,
with regard to the Deputies Adjutant General, described above,
provide for 2 officers who may be of the rank of brigadier general,
one who is the Assistant Adjutant General, Army, and the other who is
the Assistant Adjutant General, Air. This bill would also specify
one officer who is the Chief of Staff and Director of the Joint
Staff.
Existing law requires the Governor to appoint the Adjutant
General. Existing law provides that the Adjutant General receives the
same pay and allowances as received by a lieutenant general in the
Army of the United States.
This bill would require the Governor to appoint the Adjutant
General on state active duty in the grade of lieutenant general, and
would make conforming changes to that provision relating to the pay
and benefits of the Adjutant General.
Under existing law, in the event of the absence of the Adjutant
General or of his inability to perform his duties, the officer
designated by the Adjutant General or the senior officer in the
Adjutant General's office performs those duties.
This bill would instead specify that those duties are to be
performed by the Deputy Adjutant General or other officer designated
by the Adjutant General.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and declares all of the
following:
(a) The full-time state militia provides California with a
well-trained state military force that plays an integral role in the
state's emergency management system. The Governor, as Commander in
Chief, commands all state military forces through the Adjutant
General. California law requires the Adjutant General to command the
state military for civil support, the California Cadet Corps, Youth
Programs, and Funeral Honors Programs. In addition, the Adjutant
General commands state military forces in military civil support when
the public's safety is jeopardized because of manmade or natural
disasters. The full-time state military force provides California
with military capabilities used to prepare for, respond to, and
recover from the effects of emergencies regardless of cause, size,
location, or complexity. The state militia is comprised of federally
trained California National Guard and experienced State Military
Reserve service members who are capable of immediately employing
resources to save lives, prevent human suffering, or mitigate great
property damage within the State of California.
(b) State active duty plays an important role in the national
response framework. Under the 10th Amendment to the United States
Constitution, national emergency response frameworks recognize that
state forces have primary responsibility for providing military
support to state and local authorities in emergencies. National Guard
civil support refers to support provided to civil authorities for
domestic emergencies and for designated law enforcement and other
duties by the National Guard while in state active duty or while
having the status described in Title 32 of the United States Code.
State active duty military forces and National Guard forces conduct
all missions in accordance with the needs of the state and within the
guidelines of state laws. Because the National Guard continuously
builds relationships with its civilian counterparts, when National
Guard forces arrive to support an incident response, they usually
integrate with first responders very quickly.
SEC. 2. Section 141.5 is added to the Military and Veterans Code,
to read:
141.5. The state active duty force consists of service members in
active state military service when ordered by the Governor in
accordance with this code.
SEC. 3. 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 without the state or
without 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 a current member of the
California National Guard, retired or otherwise honorably separated
from federal active military or California National Guard service
with current membership in the State Military Reserve, or be a
current member of the State Military Reserve with a minimum of two
years of service. Service members on state active duty who retire
federally from the California National Guard shall be automatically
assessed into the State Military Reserve.
(f) 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.
(g) 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.
(h) The Adjutant General, under the authority of the Governor as
Commander in Chief, shall promulgate regulations in conformity with
this section.
SEC. 4. Section 148 of the Military and Veterans Code is amended
to read:
148. The Governor shall direct the Adjutant General to make rules
and regulations in conformity with this code which shall conform as
nearly as practicable to those governing the United States Army,
United States Air Force, and United States Navy. The rules and
regulations shall have the same force and effect as the provisions of
this code.
A finding by the Governor that it is impracticable to conform
rules and regulations to those governing the United States Army,
United States Air Force, or United States Navy shall be conclusive
and the rules and regulations shall have force and effect over
inconsistent rules, regulations, directives, manuals, or practices
governing any of the Armed Forces of the United States.
SEC. 5. Section 161 of the Military and Veterans Code is amended
to read:
161. Within the Military Department, the office of the Adjutant
General consists of one officer of the rank of lieutenant general who
is the Adjutant General, one officer of the rank of brigadier
general who is the Deputy Adjutant General, one officer who may be of
the rank of brigadier general who is the Assistant Adjutant General,
Army, one officer who may be of the rank of brigadier general who is
the Assistant Adjutant General, Air, one officer who may be of the
rank of brigadier general who is the Chief of Staff and Director of
the Joint Staff, and other officers as are prescribed by the laws or
regulations of the United States. No person is eligible for
appointment as the Deputy Adjutant General unless he or she has not
less than a total of five years of commissioned service in the
National Guard of the United States, of which at least three years
shall be service as a field grade officer in the California National
Guard within the preceding 10-year period prior to the date of
appointment and of which at least three years shall have been in
command of army or air troops at the battalion or equivalent or
higher command level or three years as a staff officer at brigade or
equivalent or higher staff level. The Deputy Adjutant General is
subordinate only to the Governor and the Adjutant General and shall
have his or her duties assigned by the Adjutant General.
SEC. 6. Section 162 of the Military and Veterans Code is amended
to read:
162. The Governor, as Commander in Chief, shall appoint the
Adjutant General, who shall be on state active duty, in the grade of
lieutenant general, with the advice and consent of the Senate, and
that person shall hold office at the pleasure of the Governor, or
until his or her successor is appointed and has qualified. No person
is eligible for appointment as Adjutant General unless he or she had
not less than a total of 10 years of commissioned service in the
National Guard of the United States, of which at least four years
shall be service as a field grade officer in the California National
Guard within the preceding 10-year period prior to the date of
appointment and of which at least four years shall have been in
command of army or air troops at the battalion or equivalent or
higher command level or four years as a staff officer at brigade or
equivalent or higher staff level.
SEC. 7. Section 164.1 of the Military and Veterans Code is amended
to read:
164.1. The Adjutant General shall receive the same pay and
benefits pursuant to Section 320 as a lieutenant general in the Army
of the United States and shall be paid in the same manner and at the
same time as other service members on state active duty.
SEC. 8. Section 166 of the Military and Veterans Code is amended
to read:
166. In the event of the absence of the Adjutant General or of
his or her inability to perform his or her duties, the Deputy
Adjutant General or other officer designated by the Adjutant General
shall perform the duties of the Adjutant General. In the event of the
absence or inability of those officers, the Governor may detail a
National Guard officer to perform those duties.
SEC. 9. Section 167 of the Military and Veterans Code is repealed.