Bill Text: CA SB948 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Active militia.

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Passed) 2014-08-21 - Chaptered by Secretary of State. Chapter 218, Statutes of 2014. [SB948 Detail]

Download: California-2013-SB948-Introduced.html

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BILL NUMBER: SB 948	INTRODUCED
	BILL TEXT


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:

  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  without 
 outside  the state or  without  
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  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. 
 any of the following:  
   (1) A current member of the California National Guard.  
   (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. 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.