Existing law provides for leave for military service, rights and benefits accrued during that service, and reinstatement after that service for executive branch employees who are members of the Armed Forces, the National Guard, or the Naval Militia, as specified.

This bill would provide that a member of the State Military Reserve be granted military leave and other specified benefits on the same basis as a member of the National Guard or other military reserve member.

Existing law provides for leave for military service, rights and benefits accrued during that service, and reinstatement after that service for executive branch employees who are members of the Armed Forces, the National Guard, or the Naval Militia, as specified.

This bill would provide that a member of the State Military Reserve be granted military leave and other specified benefits on the same basis as a member of the National Guard or other military reserve member.

Existing law provides for leave for military service, rights and benefits accrued during that service, and reinstatement after that service for executive branch employees who are members of the Armed Forces, the National Guard, or the Naval Militia, as specified.

This bill would provide that a member of the State Military Reserve be granted military leave and other specified benefits on the same basis as a member of the National Guard or other military reserve member.

 CONSENT  

Bill No: AB 1711

Author:

:

Vote:

SENATE VETERANS AFFAIRS COMMITTEE: 7-0, 6/13/17

AYES: Newman, Nielsen, Dodd, Hueso, Nguyen, Roth, Wilk

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 69-0, 5/18/17 (Consent) - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill grants to members of the State Military Reserve (SMR) the right to be granted military leave, rights and benefits accrued during that service, and reinstatement after that service by their appointing power on the same basis as members of the California National Guard (CNG) or other military reserve personnel.

ANALYSIS:

Existing law:

1. Establishes the California Military Department (CMD) – which includes the CNG, SMR and Naval Militia – to perform various duties regarding the state militia.
2. Provides for employee leave for military service, employee rights and benefits to be accrued during that service, and reinstatement after that service for executive branch employees who are members of the United States Armed Forces, CNG, or Naval Militia, as specified.

This bill provides that a member of the SMR be granted military leave and other specified benefits on the same basis as a member of the CNG or other military reserve member.

Background

California Military Department. The CMD is a state department located within the executive branch and which oversees the several components of the state’s active militia. The CMD’s eclectic personnel mix includes both paid employees and volunteers, uniformed military and civilian workers, both full-time and part-time, and both federally-funded and state-funded. All uniformed employees are subject to military law, either federal or state, depending upon their category and current status.

The CMD’s two largest components are the CNG, approximately 21,000 members, and the SMR, approximately 1,230 members.

The CNG is under both federal and state control, alternating between the two statuses. The CNG is paid, equipped and primarily trained by the federal government in support of its federal military contributions as part of the United States Army and United States Air Force. CNG units and members are subject to being called onto active federal duty by the President to help defend national security interests. When not on federal duty, CNG units and members are subject to being called onto active state duty by the Governor to help protect the state from natural and man-made disasters. Whether on federal or state active duty or during inactive duty training weekend drills, CNG members are always paid, either by the federal or state governments.

State Military Reserve. The SMR is an all-volunteer strategic force that provides an adequately trained and organized state military reserve force under the exclusive control of the Governor. The SMR is capable of accomplishing those state emergency responsibilities normally assigned to the CNG when the CNG is federalized or otherwise not available for emerging state missions.

Members of the SMR generally receive no compensation for their work; though in some cases, they are eligible for some reimbursement for travel. In the event of a state emergency, members of the SMR, like their CNG counterparts, can be ordered to Emergency State Active Duty by the Governor or The Adjutant General.

Under existing law, SMR members are already eligible for other employment protections and military leave benefits that are also available to members of the CNG and the Naval Militia (MVC §564). Considering this, excluding SMR members from receiving the same state employee military leave benefits as members of the CNG and the Naval Militia appears to be a legislative oversight.

Related/Prior Legislation

SB 411 (Nguyen, 2017) appropriates $100,000 from the General Fund to the CMD to, among other things, pay an award of $100 per month for life to a person who completes 10 years of satisfactory volunteer service in the SMR or the Naval Militia, as specified, and who is 50 years of age or older. (Pending on suspense, Senate Appropriations Committee)

SB 997 (Soto, 2006) was almost identical to SB 411 (Nguyen, 2017). (Died in the Assembly Appropriations Committee)

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/26/17)

American G.I. Forum of California

AMVETS - Department of California

California Association of County Veterans Service Officers

California State Commanders Veteran Council

Military Officers Association of America - California Council of Chapters

OPPOSITION: (Verified 6/26/17)

None received

ASSEMBLY FLOOR: 69-0, 5/18/17

AYES: Acosta, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Cervantes, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Gallagher, Cristina Garcia, Eduardo Garcia, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood

NO VOTE RECORDED: Aguiar-Curry, Calderon, Chau, Frazier, Friedman, Gipson, Gloria, Holden, Mullin, Santiago, Rendon

Prepared by:

6/27/17 16:32:00

**** END ****

SENATE COMMITTEE ON VETERANS AFFAIRS

Senator Josh Newman, Chair

2017 - 2018 Regular

Bill No: AB 1711 Hearing Date: 6/13/17

Subject: State military reserve personnel: leave benefits

DESCRIPTION

Summary:

This bill grants members of the State Military Reserve (SMR) the right to be granted military leave, rights and benefits accrued during that service, and reinstatement after that service by their appointing power on the same basis as members of the California National Guard (CNG) or other military reserve personnel.

Existing law:

1. Establishes the California Military Department (CMD) – which includes the CNG, SMR and Naval Militia – to perform various duties regarding the state militia.
2. Provides for employee leave for military service, employee rights and benefits to be accrued during that service, and reinstatement after that service for executive branch employees who are members of the United States Armed Forces, CNG, or Naval Militia, as specified.

This bill:

Provides that a member of the SMR be granted military leave and other specified benefits on the same basis as a member of the National Guard or other military reserve member.

BACKGROUND

California Military Department. The CMD is a state department located within the executive branch. The CMD’s eclectic personnel mix includes both paid employees and volunteers, uniformed military and civilian workers, both full-time and part-time, and both federally-funded and state-funded. All uniformed employees are subject to military law, either federal or state, depending upon their category and current status.

The CMD’s two largest components are the CNG, approximately 21,000 members, and the SMR, approximately 1,230 members.

The CNG is under both federal and state control, alternating between the two statuses. The CNG is paid, equipped and primarily trained by the federal government in support of its federal military contributions as part of the United States Army and United States Air Force. CNG units and members are subject to being called onto active federal duty by the President to help defend national security interests. When not on federal duty, CNG units and members are subject to being called onto active state duty by the Governor to help protect the state from natural and man-made disasters. Whether on federal or state active duty or during inactive duty training (IDT) weekend drills, CNG members are always paid, either by the federal or state governments.

The SMR is an all-volunteer strategic force that provides an adequately trained and organized state military reserve force under the exclusive control of the Governor. The SMR is capable of accomplishing those State emergency responsibilities normally assigned to the CNG when the CNG is federalized or otherwise not available for emerging state missions.

Members of the SMR generally receive no compensation for their work; though in some cases, they are eligible for some reimbursement for travel. In the event of a state emergency, members of the SMR, like their CNG counterparts, can be ordered to Emergency State Active Duty by the Governor or The Adjutant General.

Under existing law, SMR members are already eligible for other employment protections and military leave benefits that are also available to members of the CNG and the Naval Militia (MVC §564). Considering this, excluding State Military Reservists from receiving the same state employee military leave benefits as members of the CNG and the Naval Militia appears to be a legislative oversight.

COMMENT

Committee Comments: Currently, the Military and Veterans Code grants public employees certain military leave benefits if they are members of the CNG or the Naval Militia. This includes 30 days of paid temporary leave when called for duty, which may involve active military training, inactive duty training, special exercise, etc. (§395). However, these military leave benefits do not apply to members of the SMR.

SMR members provide significant support to the CMD’s state mission. It is not unreasonable that they receive similar employment protections as CNG members who are called up onto state active duty.

Prior/Related Legislation:

SB 411 (Nguyen, 2016) appropriates $100,000 from the General Fund to the CMD to, among other things, pay an award of $100 per month for life to a person who completes 10 years of satisfactory volunteer service in the SMR or the Naval Militia, as specified, and who is 50 years of age or older. (Pending on suspense, Senate Appropriations Committee)

SB 997 (Soto, 2006) was almost identical to SB 411 (Nguyen, 2017). (Died in Assembly Appropriations Committee)

POSITIONS

Sponsor: Author.

Support:

American G.I. Forum of California

AMVETS - Department of California

California Association of County Veterans Service Officers

California State Commanders Veteran Council

Military Officers Association of America - California Council of Chapters

Oppose: None received.

-- END --

Date of Hearing: May 10, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 1711

Author:(Committee on Veterans Affairs) – As Introduced Ver:March 6, 2017

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires that a member of the State Military Reserve (SMR) be granted military leave and other specified benefits on the same basis as a member of the National Guard or other military reserve member.

FISCAL EFFECT:

Minor and absorbable costs to state agencies. The California Military Department (Department) indicates there are approximately 1,200 members of the SMR and only a small fraction of these individuals are employed by the State.

COMMENTS:

Background and Purpose. California’s active militia is composed of the California National Guard, the Naval Militia, and the SMR. Existing law grants state employees certain military leave benefits if they are members of the California National Guard or the Naval Militia. This includes 30 days of paid temporary leave when called for duty, which may involve active military training, inactive duty training, special exercise, etc. However, these military leave benefits do not apply to members of the SMR.

The California SMR is an all-volunteer strategic force that provides a trained and organized state military reserve force under the exclusive control of the Governor. In the event of a state emergency, members of the SMR, like their California National Guard counterparts, can be ordered to Emergency State Active Duty by the Governor or the Adjutant General.

SMR members are called up for State emergency missions that typically are assigned to the California National Guard, when Guard troops are federalized or otherwise not available. SMR members with special degrees or expertise (lawyers, medical personnel) are called up more frequently to augment the Department's missions and needs, especially when Guard unit personnel are deployed overseas.

The Department doesn't have available data on how often the average SMR member is put on orders, but, when the State has large scale disasters like extensive wildfires, it is likely that anywhere from 25 to 100+ SMR members will be ordered to temporary state active duty.

Members of the SMR generally receive no compensation. However, in the event of a state emergency, SMR members can be ordered to Emergency State Active Duty for days or weeks at a time, during which they do receive pay or compensation, typically comparable to their National Guard counterparts.

This bill will provide a member of the SMR, who is a state employee, military leave benefits on the same basis as a member of the National Guard or other military reserve member, when subject to specific military orders for active duty.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 25, 2017

ASSEMBLY COMMITTEE ON VETERANS AFFAIRS

Jacqui Irwin, Chair

ABPCA Bill Id:AB 1711 (

Author:Committee on Veterans Affairs) – As Introduced Ver:March 6, 2017

SUBJECT: State military reserve personnel: leave benefits

SUMMARY: Provides that a member of the State Military Reserve be granted military leave and other specified benefits on the same basis as a member of the National Guard or other military reserve member.

EXISTING LAW:

1. Establishes the California Military Department, which includes the State Military Reserve (SMR) and Naval Militia, to perform various duties regarding the state militia.
2. Provides for leave for military service, rights and benefits accrued during that service, and reinstatement after that service for executive branch employees who are members of the Armed Forces, the National Guard, or the Naval Militia, as specified.

FISCAL EFFECT: Unknown at this time.

COMMENTS: The State of California’s active militia is composed of the California National Guard, the State Military Reserve, and the Naval Militia.

Currently, the Military and Veterans Code grants public employees certain military leave benefits if they are members of the California National Guard or the Naval Militia. This includes 30 days of paid temporary leave when called for duty, which may involve active military training, inactive duty training, special exercise, etc. (§395). However, these military leave benefits do not apply to members of the State Military Reserve.

The California SMR is an all-volunteer strategic force that provides an adequately trained and organized state military reserve force under the exclusive control of the Governor. The SMR is capable of accomplishing those State emergency responsibilities normally assigned to the National Guard when the Guard is federalized or otherwise not available.

Members of the SMR generally receive no compensation for their work; though in some cases, they are eligible for some reimbursement for travel. In the event of a state emergency, members of the SMR, like their California National Guard counterparts, can be ordered to Emergency State Active Duty by the Governor or The Adjutant General.

Under existing law, SMR members are already eligible for other employment protections and military leave benefits that are also available to members of the California National Guard and the Naval Militia (MVC §564). Considering this, excluding State Military Reservists from receiving the same state employee military leave benefits as members of the California National Guard and the Naval Militia appears to be a legislative oversight.

REGISTERED SUPPORT / OPPOSITION:

Support

National Guard Association of California

Opposition

None on File.

Analysis Prepared by: John Spangler and Jessica Jin / V.A. / (916) 319-3550