Existing law establishes within state government a Military Department headed by an Adjutant General. Existing law includes within the Military Department the office of the Adjutant General, the California National Guard, the State Military Reserve, the California Cadet Corps, and the Naval Militia. Existing law requires an officer who desires to resign to submit his or her resignation to the Governor. Among others, existing law authorizes the Governor to refuse to accept a resignation in time of war or when war is imminent, in time of civil stress or emergency, or on account of the exigencies of the service.

This bill would revise and recast that provision to instead provide that the Governor under those circumstances may instead refuse to accept a resignation from an officer when the officer is mobilized for deployment on state or federal duty, or notified of impending mobilization for state or federal military duty.

Existing law establishes within state government a Military Department headed by an Adjutant General. Existing law includes within the Military Department the office of the Adjutant General, the California National Guard, the State Military Reserve, the California Cadet Corps, and the Naval Militia. Existing law requires an officer who desires to resign to submit his or her resignation to the Governor. Among others, existing law authorizes the Governor to refuse to accept a resignation in time of war or when war is imminent, in time of civil stress or emergency, or on account of the exigencies of the service.

This bill would revise and recast that provision to instead provide that the Governor under those circumstances may instead refuse to accept a resignation from an officer when the officer is mobilized for deployment on state or federal duty, or notified of impending mobilization for state or federal military duty.

Existing law establishes within state government a Military Department headed by an Adjutant General. Existing law includes within the Military Department the office of the Adjutant General, the California National Guard, the State Military Reserve, the California Cadet Corps, and the Naval Militia. Existing law requires an officer who desires to resign to submit his or her resignation to the Governor. Among others, existing law authorizes the Governor to refuse to accept a resignation in time of war or when war is imminent, in time of civil stress or emergency, or on account of the exigencies of the service.

This bill would revise and recast that provision to instead provide that the Governor under those circumstances may instead refuse to accept a resignation from an officer when the officer is mobilized for deployment on state or federal duty, or notified of impending mobilization for state or federal military duty.

Existing law establishes within state government a Military Department headed by an Adjutant General. Existing law includes within the Military Department the office of the Adjutant General, the California National Guard, the State Military Reserve, the California Cadet Corps, and the Naval Militia. Existing law requires an officer who desires to resign to submit his or her resignation to the Governor. Among others, existing law authorizes the Governor to refuse to accept a resignation in time of war or when war is imminent, in time of civil stress or emergency, or on account of the exigencies of the service.

This bill would revise and recast that provision to instead provide that the Governor under those circumstances may instead refuse to accept a resignation from an officer when the officer is mobilized for deployment on state or federal duty, or notified of impending mobilization for state or federal military duty.

 UNFINISHED BUSINESS  

Bill No: SB 1435

Author: Dodd

:

Vote:

SENATE VETERANS AFFAIRS COMMITTEE: 7-0, 4/24/18

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

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SENATE FLOOR: 38-0, 5/17/18 (Consent)

AYES: Allen, Anderson, Atkins, Bates, Beall, Bradford, Cannella, De León, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk

NO VOTE RECORDED: Berryhill

ASSEMBLY FLOOR: 76-0, 8/16/18 (Consent) - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill updates language in one section of the Military and Veterans Code (MVC) – pertaining to California National Guard (CNG) officers – to conform to language recently modernized in an adjacent, related code section.

Assembly Amendments

make a minor grammatical change and reassign the bill to a different author.

ANALYSIS:

Existing law:

1. Establishes the California Military Department (CMD) within state government and designates the Adjutant General as chief administrator and Governor as commander-in-chief.
2. Provides that the active militia’s three constituent organizations– which are the CNG, State Military Reserve (SMR), and Naval Militia – are located within and under the control of the CMD for purposes of administration.
3. Authorizes the Governor to commission officers to serve within the CNG, SMR, and Naval Militia.
4. Provides criteria for commissions of CNG officers to be vacated involuntarily under various circumstances and provides authority and criteria under which the Governor may block vacation of a commission.
5. Requires an officer who desires to resign to submit the resignation to the Governor, and authorizes the Governor to refuse to accept a resignation “in time of war or when war is imminent, in time of civil stress or emergency, or on account of the exigencies of the service.”

This bill:

1. Updates archaic language in MVC Section 233 to conform to related language in MVC Section 232.5, which was updated in 2017.
2. Authorizes, specifically, the Governor to refuse to accept a resignation when the officer is “mobilized for deployment on state or federal duty, or notified of impending mobilization for state or federal duty.”

Background

In 2017, SB 747 (Newman, Chapter 221, Statutes of 2017) updated MVC Sec. 232.5, pertaining to commissioned officers of the California National Guard, who transfer their residency to neighboring states, but wish to have the option to (1) retain their officer commissions and their affiliation with the CNG or (2) be allowed to transfer to another state’s National Guard or a federal military reserve component.

With the technical advice of the CMD, SB 747 also modernized archaic code language to provide that the Governor may block the transfer of an officer who is under investigation, under charges, awaiting result of trial, absent without leave, absent in the hands of civil authorities, in default with respect to state or federal funds or property, mobilized for deployment on state or federal duty, or notified of impending mobilization for state or federal military duty.

Adjacent MVC section 233 governs a related issue –- how CNG officers resign their commissions and when the Governor may accept or reject those resignations. Section 233 contains the same archaic language modernized last year in Sec. 232.5.

Prior/Related Legislation

SB 747 (Newman, Chapter 221, Statutes of 2017) repeald the requirement that commissioned officers of the CNG must reside within California in order to retain their state military commissions, and generally authorized CNG officers to transfer to other reserve organizations after they make permanent changes of address outside of California. Additionally, updated archaic language.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Assembly Appropriations Committee, this bill will impose a “negligible state cost.”

SUPPORT: (Verified 8/16/18)

None received

OPPOSITION: (Verified 8/16/18)

None received

ASSEMBLY FLOOR: 76-0, 8/16/18

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Maienschein, Mathis, Mayes, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rivas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Bloom, Cristina Garcia, Low, McCarty

Prepared by:

8/18/18 12:44:15

**** END ****

Date of Hearing: August 8, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

SBPCA Bill Id:SB 1435

Author:(Dodd) – As Amended Ver:June 18, 2018

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

SUMMARY:

This bill updates language in one section of the Military and Veterans code, pertaining to California National Guard (CNG) officers, to conform to language recently modernized in an adjacent, related code section.

FISCAL EFFECT:

Negligible state cost.

COMMENTS:

Senate Bill 747, Newman, Chapter 221, Statutes of 2017, updated statute pertaining to commissioned officers of the CNG who transfer their residency to neighboring states but wish to have the option to (1) retain their officer commissions and their affiliation with the CNG or (2) be allowed to transfer to another state’s National Guard or a federal military reserve component.

SB 747 also modernized archaic code language to provide that the governor may block the transfer of an officer who is under investigation, under charges, awaiting result of trial, absent without leave, absent in the hands of civil authorities, in default with respect to state or federal funds or property, mobilized for deployment on state or federal duty, or notified of impending mobilization for state or federal military duty.

An adjacent code section governs a related issue -- how CNG officers resign their commissions and when the governor may accept or reject those resignations. This bill updates the code consistent with last year’s SB 747.

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

Date of Hearing: June 26, 2018

ASSEMBLY COMMITTEE ON VETERANS AFFAIRS

Jacqui Irwin, Chair

SBPCA Bill Id:SB 1435

Author:(Dodd) – As Amended Ver:June 18, 2018

SENATE VOTE: 38-0

SUBJECT: State military: officer commissions

SUMMARY: This bill updates archaic language in one section of the Military and Veterans code, specifying the conditions under which a voluntary resignation of a commission in the National Guard may be rejected, in order to conform it to updated language in another section, which was updated in 2017. Specifically, this bill:

1. Amends Military and Veterans Code Section 233 to eliminate a gender exclusive reference;
2. Replaces the phrase “in time of war or when war is imminent, in time of civil stress or emergency, or on account of the exigencies of the service” with “mobilized for deployment on state or federal duty, or notified of impending mobilization for state or federal military duty,” mirroring the exact language in Military and Veterans Code Section 232.5, a related section.

EXISTING LAW:

1. Establishes the California Military Department (CMD) within state government and designates the Adjutant General as chief administrator and Governor as commander-in-chief.
2. Provides that the active militia’s three constituent organizations– which are the California National Guard (CNG), State Military Reserve (SMR), and Naval Militia – are located within and under the control of the CMD for purposes of administration.
3. Authorizes the Governor to commission officers to serve within the CNG, SMR, and Naval Militia.
4. Provides criteria for commissions of CNG officers to be vacated under various circumstances and provides authority and criteria under which the Governor may block vacation of a commission.
5. Requires an officer who desires to resign to submit the resignation to the Governor, and authorizes the Governor to refuse to accept a resignation “in time of war or when war is imminent, in time of civil stress or emergency, or on account of the exigencies of the service.”

FISCAL EFFECT: This bill is keyed fiscal, but was ordered from Senate Appropriations pursuant to Senate Rule 28.8 and has not been analyzed by a fiscal committee.

COMMENTS:

In 2017, SB 747 (Newman) updated MVC Sec. 232.5, pertaining to commissioned officers of the CNG who transfer their residency to neighboring states, but wish to have the option to (1) retain their officer commissions and their affiliation with the CNG or (2) be allowed to transfer to another state’s National Guard or a federal military reserve component.

With the technical advice of the CMD, SB 747 also modernized archaic code language to provide that the Governor may block the transfer of an officer who is under investigation, under charges, awaiting result of trial, absent without leave, absent in the hands of civil authorities, in default with respect to state or federal funds or property, mobilized for deployment on state or federal duty, or notified of impending mobilization for state or federal military duty.

Adjacent MVC section 233 governs a related issue - how CNG officers resign their commissions and when the Governor may accept or reject those resignations. Section 233 contains the same archaic language modernized last year in Sec. 232.5.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file.

Opposition

None on file.

Analysis Prepared by: Christian Burkin / V.A. / (916) 319-3550

 CONSENT  

Bill No: SB 1435

Author:

:

Vote:

SENATE VETERANS AFFAIRS COMMITTEE: 7-0, 4/24/18

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

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT:

SOURCE: Author

DIGEST:

This bill updates language in one section of the Military and Veterans Code (MVC) – pertaining to California National Guard (CNG) officers – to conform to language recently modernized in an adjacent, related code section.

ANALYSIS:

Existing law:

1. Establishes the California Military Department (CMD) within state government and designates the Adjutant General as chief administrator and Governor as commander-in-chief.
2. Provides that the active militia’s three constituent organizations– which are the CNG, State Military Reserve (SMR), and Naval Militia – are located within and under the control of the CMD for purposes of administration.
3. Authorizes the Governor to commission officers to serve within the CNG, SMR, and Naval Militia.
4. Provides criteria for commissions of CNG officers to be vacated involuntarily under various circumstances and provides authority and criteria under which the Governor may block vacation of a commission.
5. Requires an officer who desires to resign to submit the resignation to the Governor, and authorizes the Governor to refuse to accept a resignation “in time of war or when war is imminent, in time of civil stress or emergency, or on account of the exigencies of the service.”

This bill:

1. Updates archaic language in MVC Section 233 to conform to related language in MVC Section 232.5, which was updated in 2017.
2. Authorizes, specifically, the Governor to refuse to accept a resignation when the officer is “mobilized for deployment on state or federal duty, or notified of impending mobilization for state or federal duty.”

Background

In 2017, SB 747 (Newman, Chapter 221, Statutes of 2017) updated MVC Sec. 232.5, pertaining to commissioned officers of the California National Guard, who transfer their residency to neighboring states, but wish to have the option to (1) retain their officer commissions and their affiliation with the CNG or (2) be allowed to transfer to another state’s National Guard or a federal military reserve component.

With the technical advice of the CMD, SB 747 also modernized archaic code language to provide that the Governor may block the transfer of an officer who is under investigation, under charges, awaiting result of trial, absent without leave, absent in the hands of civil authorities, in default with respect to state or federal funds or property, mobilized for deployment on state or federal duty, or notified of impending mobilization for state or federal military duty.

Adjacent MVC section 233 governs a related issue –- how CNG officers resign their commissions and when the Governor may accept or reject those resignations. Section 233 contains the same archaic language modernized last year in Sec. 232.5.

Related/Prior Legislation

SB 747 (Newman, Chapter 221, Statutes of 2017) repealed the requirement that commissioned officers of the CNG must reside within California in order to retain their state military commissions, and generally authorizes CNG officers to transfer to other reserve organizations after they make permanent changes of address outside of California. Additionally, updated archaic language.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 5/15/18)

None received

OPPOSITION: (Verified 5/15/18)

None received

Prepared by:

5/16/18 16:51:06

**** END ****

SENATE COMMITTEE ON

Senator Josh Newman, Chair

2017 - 2018 Regular

Bill No: Hearing Date: 4/24/18

Subject:

DESCRIPTION

Summary:

This bill updates archaic language in one section of the Military and Veterans Code (MVC) – pertaining to California National Guard (CNG) officers – to conform to language recently modernized in an adjacent, related code section.

Existing law:

1. Establishes the California Military Department (CMD) within state government and designates the Adjutant General as chief administrator and Governor as commander-in-chief.
2. Provides that the active militia’s three constituent organizations– which are the CNG, State Military Reserve (SMR), and Naval Militia – are located within and under the control of the CMD for purposes of administration.
3. Authorizes the Governor to commission officers to serve within the CNG, SMR, and Naval Militia.
4. Provides criteria for commissions of CNG officers to be vacated involuntarily under various circumstances and provides authority and criteria under which the Governor may block vacation of a commission.
5. Requires an officer who desires to resign to submit the resignation to the Governor, and authorizes the Governor to refuse to accept a resignation “in time of war or when war is imminent, in time of civil stress or emergency, or on account of the exigencies of the service.”

This bill:

1. Generally, updates archaic language in Military and Veterans Code (MVC) Section 233 to conform to related language in MVC Section 232.5, which was updated in 2017.
2. Specifically, authorizes the Governor to refuse to accept a resignation when the officer is “mobilized for deployment on state or federal duty, or notified of impending mobilization for state or federal duty.”

BACKGROUND

In 2017, SB 747 (Newman) updated MVC Sec. 232.5, pertaining to commissioned officers of the California National Guard, who transfer their residency to neighboring states, but wish to have the option to (1) retain their officer commissions and their affiliation with the CNG or (2) be allowed to transfer to another state’s National Guard or a federal military reserve component.

With the technical advice of the CMD, SB 747 also modernized archaic code language to provide that the Governor may block the transfer of an officer who is under investigation, under charges, awaiting result of trial, absent without leave, absent in the hands of civil authorities, in default with respect to state or federal funds or property, mobilized for deployment on state or federal duty, or notified of impending mobilization for state or federal military duty.

Adjacent MVC section 233 governs a related issue –- how CNG officers resign their commissions and when the Governor may accept or reject those resignations. Section 233 contains the same archaic language modernized last year in Sec. 232.5.

COMMENT

Prior/Related Legislation:

SB 747 (Newman, Chapter 221, Statutes of 2017) repeals the requirement that commissioned officers of the CNG must reside within California in order to retain their state military commissions, and generally authorizes CNG officers to transfer to other reserve organizations after they make permanent changes of address outside of California. Additionally, updates archaic language.

POSITIONS

Sponsor: Author

Support: None received

Oppose: None received

-- END --