Existing law establishes the Military Department, which includes the State Military Reserve and the Naval Militia, to perform various duties regarding the state militia. Existing law authorizes the presentation of a good conduct medal to each person who, while an enlisted member of the State Military Reserve or the Naval Militia, has demonstrated fidelity through faithful and exact performance of duty, and efficiency through capacity to produce desired results, and whose behavior has demonstrated that he or she deserves emulation.

This bill would establish the State Military Reserve and Naval Militia Length of Service Award Act. This bill would make an appropriation of $100,000 from the General Fund to the Military Department to, among other things, pay an award of $100 per month for life to a qualified person, which this bill would generally define as any person who is 50 years of age or older and who completes 10 years of satisfactory volunteer service in the State Military Reserve or the Naval Militia, as specified.

Existing law establishes the Military Department, which includes the State Military Reserve and the Naval Militia, to perform various duties regarding the state militia. Existing law authorizes the presentation of a good conduct medal to each person who, while an enlisted member of the State Military Reserve or the Naval Militia, has demonstrated fidelity through faithful and exact performance of duty, efficiency through capacity to produce desired results, and whose behavior has demonstrated that he or she deserves emulation.

This bill would establish the State Military Reserve and Naval Militia Length of Service Award Act. This bill would make an appropriation of $100,000 from the General Fund to the Military Department to, among other things, pay an award of $100 per month for life to a qualified person, which this bill would generally define as any person who completes 10 years of satisfactory volunteer service in the State Military Reserve or the Naval Militia, as specified.

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

SB 411 (Nguyen) - State military reservists: service awards

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

SB 411 would establish the State Military Reserve and Naval Militia Length of Service Award Act and make a $100,000 appropriation to provide a monthly award to qualified volunteers in the State Military Reserve or the Naval Militia, as specified.

Fiscal Impact:

• $100,000 appropriated to the Military Department to establish the State Military Reserve and Naval Militia Length of Service Award Act (GF)
  • Significant costs in the tens of thousands of dollars to the Military Department for program development and administrative resources needed to establish and distribute the award
  • Up to $1,200 per year per recipient for the life of any qualified person
• Significant cost pressure to maintain and continuously fund the program in subsequent years after the $100,000 appropriation has been exhausted

Background:

The California Military Department comprises three components of the active militia: the California National Guard, the California State Military Reserve (CMSR) and the Naval Militia. At any given moment, the California National Guard are under either federal or state control. Its members are paid, equipped, and trained by federal government support and are subject to being called on active federal duty by the President. The primary mission of the CMSR and the Naval Militia are to assist the California National Guard in their mission by providing an adequately trained and organized state military reserve force under the exclusive control of the Governor. CMSR members are considered uncompensated state employees (except if called into emergency State Active Duty).

The CSMR currently has more than 1,200 members. At this time, the Naval Militia, while authorized, is not active and does not have any members.

CSMR and Naval Militia members can be awarded the Good Conduct Medal which can be given to an enlisted member of the California National Guard, State Military Reserve, or Naval Militia, who has demonstrated fidelity through faithful and exact performance of duty, efficiency through capacity to produce desired results, and whose behavior has demonstrated that he or she deserves emulation. According to the bill’s author, establishing the State Military Reserve and Naval Militia Length of Service Award “acknowledges the important contributions of the state militia to the State of California and its citizens and provides an incentive for CSMR members to continue to serve the state honorably.”

Proposed Law:

This bill would appropriate $100,000 from the General Fund to the Military Department to reimburse the Military Department for payment of the State Military Reserve and Naval Militia Length of Service Award Act and related administrative costs. The award, in an amount equal to $100 per month for the remainder of the recipient’s life, would be awarded to a qualified person who is 50 years of age or older and who has completed 10 years in volunteer service, as specified.

Related Legislation:

AB 103 (Soto, 2007), similar to this bill, would have appropriated $100,000 from the General Fund to the Military Department to pay a monthly $100 award for life for qualified person who have completed 10 years of service in the State Military Reserve or the Naval Militia. This bill was held in the Assembly Appropriations Committee.

SB 997 (Soto, 2006), similar to this bill, would have appropriated $100,000 from the General Fund to the Military Department to pay a monthly $100 award for life for qualified person who have completed 10 years of service in the State Military Reserve or the Naval Militia. This bill was held in the Assembly Appropriations Committee.

Staff Comments:

In 2006, CSMR had 560 members and it was estimated that between 50 – 80 members would have been eligible for an award as a result of SB 997 (Soto). That would have resulted in a distribution of up to $96,000 in awards in the initial year. The number of CSMR members has increased since 2006 to 1,200 members. The Military Department estimates that approximately 185 members would currently be eligible for the award. If all 185 members were qualified and eligible, $222,000 in awards would be required to be distributed in the initial year of the Act. The number of eligible members has the potential to increase in subsequent years, therefore increasing the total monetary amount necessary to be distributed for the awards.

Recipients of the award receive $100 per month for the remainder of his/her life. The Centers for Disease Control and Prevention report that in the United States, the life expectancy at birth is 78.8 years. Using that average, each recipient who is eligible for the award at age 50 and continues to receive the award for 28.8 years (until the average life expectancy) would receive a cumulative award of over $34,000.

Depending on the actual number of CSMR members that are eligible for the service award, the $100,000 appropriated from the General Fund may not suffice to continuously award the recipients the $100/month for the remainder of each recipient’s life. This would create future cost pressure to maintain the award amount.

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SENATE COMMITTEE ON VETERANS AFFAIRS

Senator Josh Newman, Chair

2017 - 2018 Regular

Bill No: SB 411 Hearing Date: 3/28/17

Subject: State military reservists: service awards

DESCRIPTION

Summary:

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 State Military Reserve or the Naval Militia, as specified.

Existing law:

1. Establishes the California Military Department (CMD), which includes the State Military Reserve and Naval Militia, to perform various duties regarding the state militia.
2. Authorizes presentation of a Good Conduct Medal to each person who, while an enlisted member of the State Military Reserve or Naval Militia, has demonstrated fidelity through faithful and exact performance of duty, efficiency through capacity to produce desired results, and whose behavior has demonstrated that he or she deserves emulation

This bill:

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 State Military Reserve or the Naval Militia, as specified.

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.

According to MVC Code §51, the Department comprises the following:

1. The Governor has the authority to call onto state active duty any component or individual member of the active militia, which consists of three components:
   1. The California National Guard (CNG);
   2. SMR; and
   3. Naval Militia (NM).
2. Two additional elements:
   1. The Office of the Adjutant General;
   2. California Cadet Corps.

The CNG is under both federal and state control, but not at the same time 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 and NM are always under state control. Members of these units are volunteers who are unpaid, except when called onto state active duty by the Governor, when they may be authorized payment by the state. The primary SMR/NM mission is to assist the CNG in the CNG’s state mission. This includes backfilling the CNG, as much as possible, in maintaining the CNG’s state mission should the CNG be unavailable due to being called out of state due to a federal mobilization.

The SMR‘s current personnel strength is approximately 1,230. According to the CMD, at this time the NM, while authorized, is not active and contains no personnel. The SMR contains an organic maritime element and that element’s personnel are contained within the overall SMR figure.

The State Active Duty (SAD) program provides full-time, uniformed, state military employees who work for the CMD and help administer its various programs. To serve in this type of state employment, an individual must be a member either of the CNG or the SMR or NM so that they may be “called” by the Governor onto duty in the SAD force.

SAD employees who are members of the CNG are paid by the state during the full-time state SAD work and by the federal government during their CNG weekend drills, two-week annual training, or longer active military training. SAD employees who are authorized to serve within the SAD force due to their SMR/NM affiliation are required to participate in SMR weekend drills without pay just like SMR/NM volunteers who do not hold weekday SAD state jobs.

COMMENT

1. This bill is nearly identical to SB 997 (Soto, 2006), which died in Assembly Appropriations Committee.
2. The CMD has taken no position on this bill. In response to a Committee staff inquiry, the CMD provided no information suggesting that the SMR is facing or will face in the near future any challenges in recruiting or retention. The CMD indicated that they have not been asked to analyze whether or not or how this approach would have an impact on recruiting or retention.
3. Policy Considerations:
   1. If the SMR does face recruiting or retention challenges, are awards of taxpayer funds the best first option to incentivize participation in a volunteer organization?
   2. Should there be any limitations on the financial payouts authorized in this bill? For example, consider a case where a person serves 10 years in the SMR between the ages of 25 and 35, then quits the SMR, and subsequently lives to age 85. Should that person’s 10 years of once-a-month weekend volunteer drills provide a lifetime benefit of $1,200 per year for 50 years?

Prior/Related Legislation:

SB 997 (Soto, died in Assembly Appropriations, 2006). would have appropriated $100,000 from the General Fund to the Military Department to pay an award of $100 per month for life to a qualified person, which this bill would generally define as any person who completes 10 years of service in the State Military Reserve or the Naval Militia on or after the operative date of the bill, as specified.

POSITIONS

Sponsor: National Guard Association of California

Support:

American G.I. Forum of California

American Legion - Department 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

Vietnam Veterans of American - California State Council

Oppose: None on file.

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