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 prescribes the circumstances under which the commission of an officer under these provisions is vacated, including, but not limited to, when he or she has a permanent change of residence to a place outside of this state.

This bill would delete that circumstance, thereby authorizing the continuation of the commission of an officer when he or she has a permanent change of residence outside of this state. The bill would permit an officer residing outside of the state to transfer to the National Guard of any other state or territory or to a federal military reserve component, as specified. The bill would prohibit the state from granting a transfer if certain provisions apply, including, but not limited to, when the officer is under investigation or mobilized for deployment.

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 prescribes the circumstances under which the commission of an officer under these provisions is vacated, including, but not limited to, when he or she has a permanent change of residence to a place outside of this state.

This bill would delete that circumstance, thereby authorizing the continuation of the commission of an officer when he or she has a permanent change of residence outside of this state. The bill would permit an officer residing outside of the state to transfer to the National Guard of any other state or territory or to a federal military reserve component, as specified. The bill would prohibit the state from granting a transfer if certain provisions apply, including, but not limited to, when the officer is under investigation or mobilized for deployment.

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 prescribes the circumstances under which the commission of an officer under these provisions is vacated, including, but not limited to, when he or she has a permanent change of residence to a place outside of this state.

This bill would delete that circumstance, thereby authorizing the continuation of the commission of an officer when he or she has a permanent change of residence outside of this state. The bill would permit an officer residing outside of the state to transfer to the National Guard of the officers state of residence. any other state or territory or to a federal military reserve component, as specified. The bill would prohibit the state from granting a transfer if certain provisions apply, including, but not limited to, when the officer is under investigation or mobilized for deployment.

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 prescribes the circumstances under which the commission of an officer under these provisions is vacated, including, but not limited to, when he or she has a permanent change of residence to a place outside of this state.

This bill would delete that circumstance, thereby authorizing the continuation of the commission of an officer when he or she has a permanent change of residence outside of this state. The bill would permit an officer residing outside of the state to transfer to the National Guard of the officers state of residence. The bill would prohibit the state from granting a transfer if certain provisions apply, including, but not limited to, when the officer is under investigation or mobilized for deployment.

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 prescribes the circumstances under which the commission of an officer under these provisions is vacated, including, but not limited to, when he or she has a permanent change of residence to a place outside of this state.

This bill would delete that circumstance, thereby authorizing the continuation of the commission of an officer when he or she has a permanent change of residence outside of this state.

Date of Hearing: July 19, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

SBPCA Bill Id:SB 747

Author:(Newman) – As Amended Ver:April 19, 2017

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

SUMMARY:

This bill repeals the requirement that commissioned officers of the California National Guard (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. Specifically, this bill:

1. Repeals the requirement that the CNG officer’s state commission shall be vacated by the officer’s permanent change of residence to a place outside of California.
2. Provides that a CNG commissioned officer who moves outside of California:
3. Will be permitted to transfer to the National Guard of any state or territory or to a federal military reserve component, such as the United States Army Reserve or Air Force Reserve, in accordance with federal law and military regulations.
4. Will not be permitted to transfer if the officer 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, or mobilized for deployment on state or federal duty, or notified of impending mobilization for state or federal military duty.

FISCAL EFFECT:

Negligible state fiscal impact.

COMMENTS:

1. Purpose. According to the author, "Unlike their active duty colleagues in the military’s full-time active duty components, reserve component personnel sometimes struggle to find unit slots that match their specific military training and qualifications following relocations necessitated by their personal or professional situations, such as civilian job transfers or attending to family needs. It is not uncommon for National Guard and other reserve component personnel to reside and work full-time (civilian job) in one state, while belonging to and serving part-time with reserve units in nearby states. This geographic flexibility protects individual military careers, while ensuring the maintenance and quality of a robust reserve force in the interests of national security."
2. Background. The National Guard of the United States (NGUS) provides trained Army National Guard (ARNG) and Air National Guard (ANG) units and personnel to serve as part of the United States Army and Air Force, respectively, in defending the United States and its interests around the globe. Additionally, under the control and direction of governors, National Guard units and personnel help protect life and property in home states and territories in response to natural and manmade disasters. For the purposes of exercising state control (whenever the CNG is not on federal active duty), California statute places the CNG within the California Military Department (CMD).

Existing California law requires CNG commissioned officers (but not enlisted members) to reside within the state in order to continue serving with the CNG unit to which they are assigned. If a commissioned officer relocates to a nearby state on anything other than a temporary basis, their state commissions are considered vacated – even if they are able, in practice, to honor all their service commitments to the CNG. If they cannot secure a transfer to another state’s National Guard or find a personnel slot in an appropriate federal military reserve component (usually the U.S. Army Reserve or U.S. Air Force Reserve), they eventually will lose their federal recognition and military careers.

According to the CMD, no neighboring state (e.g., Arizona, Nevada, Oregon) has such a residency requirement for its National Guard members – nor do any of the other three largest National Guard states (e.g., New York, Pennsylvania, Texas). Modern communications and travel technology now permit out-of-state residency as a viable alternative in many cases. In addition, federal law contains no explicit prohibitions on states or territories allowing their commissioned Guard officers to live out-of-state.

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

Date of Hearing: June 27, 2017

ASSEMBLY COMMITTEE ON VETERANS AFFAIRS

Jacqui Irwin, Chair

SBPCA Bill Id:SB 747

Author:(Newman) – As Amended Ver:April 19, 2017

SENATE VOTE: 39-0

SUBJECT: State military: officer commissions

SUMMARY: This bill repeals the requirement that commissioned officers of the California National Guard (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. Specifically, this bill:

1. Removes permanent change of residence to a place outside California as an automatic trigger which vacates the commission of a California National Guard officer.
2. States a general rule mandating the California National Guard to permit the transfer to the National Guard of another state by a California National Guard officer who changes his or her residence to another state.
3. Modifies the general rule, prohibiting the National Guard from granting such a transfer under specified conditions.

EXISTING LAW: Establishes various conditions under which the commission of a CNG officer shall be vacated, including when the officer moves permanently outside of California.

FISCAL EFFECT: This bill is keyed fiscal, however, it was not heard by Senate Appropriations Committee pursuant to Rule 28.8.

COMMENTS: According to the author:

The reserve (part-time) components of the federal military include the federal/state hybrid National Guard (Army and Air National Guard) and purely federal reserve components (U.S. Army Reserve, U.S. Air Force Reserve, U.S. Navy Reserve, U.S. Marine Corps Reserve, and U.S. Coast Guard Reserve). Unlike their active duty colleagues in the regular full-time military components, service members in the reserve components sometimes struggle to find unit slots that match their military training and job skills following relocations necessitated by their personal or professional situations, such as job transfers and attending to family needs. In states other than California it is not uncommon for reserve component members to reside in one state while belonging to and serving with reserve component units in nearby states. This geographic flexibility simultaneously protects individual military careers while ensuring the maintenance and quality of a robust officer corps in the interest of national security.

While federal law places no residential constraints on Californians who belong to the purely federal reserves, California state law currently requires that commissioned officers in the California National Guard (CalGuard) reside within our state in order to continue serving with the California National Guard Unit to which they are assigned. Consequently, if a commissioned officer relocates to a nearby state on anything other than a temporary basis, their commissions are considered vacated – even if they are able to effectively honor all their service commitments to the CalGuard.

This restriction, which has its roots in an era where technology was less developed and travel times were greater, is outdated for three reasons:

1. According to the California Military Department, no neighboring state (e.g., Arizona, Nevada, Oregon) has such a residency requirement nor do any of the other three largest National Guard states (e.g., New York, Pennsylvania, Texas). Modern communications and travel technology now permit out-of-state residency as a viable alternative in many cases. Indeed, California residents serve as commissioned officers in the National Guards of Arizona, Nevada, Oregon, and other states
2. Furthermore, no explicit prohibition in federal law prevents states from allowing their commissioned Guard members to live out-of-state.
3. In contrast to commissioned officers, current California law does not place a similar automatic restriction on enlisted members of the CalGuard who happen to live outside California’s borders and wish to continue their service with their California-based units.

This change in the law allows the Guard and commissioned officers in and out of California a greater degree of flexibility; the vacation of a commission is not automatic simply on grounds of a move out of state. It may be the case that the California Guard might want to recruit a particular officer from another state who will not become a California resident, it may also be the case that a good officer leaves California but desires to (or must, due to lack of available job slots in the Guard of the receiving state) remain in the California Guard and keep serving. The officer is still subject to discharge if he or she does not maintain the requisite level of performance, etc. Finally, the bill places reasonable restrictions on permitting an officer to transfer out of state.

REGISTERED SUPPORT / OPPOSITION:

Support

National Guard Association of California

Opposition

None on File.

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

 CONSENT  

Bill No: SB 747

Author:

:

Vote:

SENATE VETERANS AFFAIRS COMMITTEE: 7-0, 4/25/17

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

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT:

SOURCE: Author

DIGEST:

This bill repeals the requirement that commissioned officers of the California National Guard (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.

ANALYSIS: Existing law establishes various conditions under which the commission of a CNG officer shall be vacated, including when the officer moves permanently outside of California.

This bill:

1. Repeals the requirement that a CNG officer’s state commission be vacated by the officer’s permanent change of residence to a place outside of California.
2. Provides that a CNG commissioned officer, who moves outside of California:
3. Shall be permitted to transfer to the National Guard of any state or territory or to a federal military reserve component, such as the United States Army Reserve or Air Force Reserve, in accordance with federal law and federal military service regulations.
4. Shall not be permitted to transfer if the officer 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, or mobilized for deployment on state or federal duty, or notified of impending mobilization for state or federal military duty.

Background

National Guard – A Federal/State Hybrid. The National Guard of the United States (NGUS) is part of the reserve components of the United States Armed Forces and is composed of National Guard units and personnel of each state and the territories of Guam, the Virgin Islands, and Puerto Rico, as well as the District of Columbia, for a total of 54 separate organizations.

The National Guard has a uniquely dual federal/state mission. It provides trained Army National Guard (ARNG) and Air National Guard units and personnel to serve as part of the United States Army and Air Force, respectively, in defending our nation and its interests around the globe. Additionally, under the control and direction of governors, National Guard units and personnel help protect life and property in home states and territories in response to natural and manmade disasters. For the purposes of exercising state control (whenever the CNG is not on federal active duty), California statute places the CNG within the California Military Department (CMD).

Commissioned Officers. Federal law and military regulations establish criteria and processes to ensure that commissioned officers of the National Guard are technically qualified and legally recognized to function as parts of the U.S. Armed Forces active duty force. For example, the current U.S. Army regulation [National Guard Regulation (AR) 600-100, 15 April 1994], which controls the appointment and recognition of ARNG commissioned officers, states:

2-1 Appointment

Commissioned Officers of the ARNG are appointed by the several States under Article 1, Section 8, of the United States Constitution. These appointments may be federally recognized by the Chief, National Guard Bureau under such regulations as the Secretary of the Army may prescribe and under the provisions of this regulation. Officers who are federally recognized in a particular grade and branch shall be tendered an appointment in the same grade as Reserve commissioned officers of the Army with assignment to the Army National Guard of the United States . . . .

2-2 Policy

1. The appointment of officers in the ARNG is a function of the State concerned, as distinguished from the Federal recognition of such appointment. Upon appointment in the ARNG of a State and subscribing to an oath of office, an individual has a State status under which to function. Such individuals acquire a Federal status when they are federally recognized and appointed as a Reserve of the Army.
2. The effective date of Federal recognition for original appointment is that date on which the commissioned officer executes the oath of office in the State.
3. Federal recognition will continue in effect as long as the commissioned officer continues to meet requirements of the grade and position, or until recognition is withdrawn in accordance with regulations, or as otherwise provided by law.

Policy: California vs. other states. Existing California law requires that CNG commissioned officers reside within this state in order to continue serving with the CNG unit to which they are assigned. If a commissioned officer relocates to a nearby state on anything other than a temporary basis, the officer’s state commission is considered vacated – even if the officer is able, in actual practice, to honor all service commitments to the CNG. If the officer cannot secure a transfer to another state’s National Guard or find a personnel slot in an appropriate federal military reserve component (usually the U.S. Army Reserve or U.S. Air Force Reserve), the commissioned Guard member eventually will lose his or her federal recognition and military career.

The existing statutory restriction has its roots in an era where communication technology was less developed and travel times were greater and, therefore, may be considered outdated for three reasons:

1. According to the CMD, no neighboring state (e.g., Arizona, Nevada, Oregon) has such a residency requirement for its National Guard members – nor do any of the other three largest National Guard states (e.g., New York, Pennsylvania, Texas). Modern communications and travel technology now permit out-of-state residency as a viable alternative in many cases. Indeed, California residents are serving effectively as commissioned officers in the National Guards of Arizona, Nevada, Oregon, and other states without restriction.
2. Federal law contains no explicit prohibitions on states or territories allowing their commissioned Guard officers to live out-of-state.

California law does not place a similar automatic restriction on CNG enlisted members, who change residence to outside California’s borders, and wish to continue service with their California-based units.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 5/9/17)

National Guard Association of California

OPPOSITION: (Verified 5/9/17)

None received

Prepared by:

5/9/17 16:41:29

**** END ****

SENATE COMMITTEE ON VETERANS AFFAIRS

Senator Josh Newman, Chair

2017 - 2018 Regular

Bill No: SB 747 Hearing Date: 4/25/17

Subject: State military: officer commissions

DESCRIPTION

Summary:

This bill repeals the requirement that commissioned officers of the California National Guard (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.

Existing law:

Establishes various conditions under which the commission of a CNG officer shall be vacated, including when the officer moves permanently outside of California.

This bill:

1. Repeals the requirement that the CNG officer’s state commission shall be vacated by the officer’s permanent change of residence to a place outside of California.
2. Provides that a CNG commissioned officer who moves outside of California:
3. Shall be permitted to transfer to the National Guard of any state or territory or to a federal military reserve component, such as the United States Army Reserve or Air Force Reserve, in accordance with federal law and military regulations.
4. Shall not be permitted to transfer if the officer 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, or mobilized for deployment on state or federal duty, or notified of impending mobilization for state or federal military duty.

BACKGROUND

National Guard – A Federal/State Hybrid. The National Guard of the United States (NGUS) is part of the reserve components of the United States Armed Forces and is composed of National Guard units and personnel of each state and the territories of Guam, the Virgin Islands, and Puerto Rico, as well as the District of Columbia, for a total of 54 separate organizations.

The National Guard has a uniquely dual federal/state mission. It provides trained Army National Guard (ARNG) and Air National Guard (ANG) units and personnel to serve as part of the United States Army and Air Force, respectively, in defending our nation and its interests around the globe. Additionally, under the control and direction of governors, National Guard units and personnel help protect life and property in home states and territories in response to natural and manmade disasters. For the purposes of exercising state control (whenever the CNG is not on federal active duty), California statute places the CNG within the California Military Department (CMD).

Commissioned Officers. Federal law and military regulations establish criteria and processes to ensure that commissioned officers of the National Guard are technically qualified and legally recognized to function as part of the active duty military force. For example, the currently controlling U.S. Army regulation^[1] for ARNG officers states:

2-1 Appointment

Commissioned Officers of the ARNG are appointed by the several States under Article 1, Section 8, of the United States Constitution. These appointments may be federally recognized by the Chief, National Guard Bureau under such regulations as the Secretary of the Army may prescribe and under the provisions of this regulation. Officers who are federally recognized in a particular grade and branch shall be tendered an appointment in the same grade as Reserve commissioned officers of the Army with assignment to the Army National Guard of the United States . . . .

2-2 Policy

1. The appointment of officers in the ARNG is a function of the State concerned, as distinguished from the Federal recognition of such appointment. Upon appointment in the ARNG of a State and subscribing to an oath of office, an individual has a State status under which to function. Such individuals acquire a Federal status when they are federally recognized and appointed as a Reserve of the Army.
2. The effective date of Federal recognition for original appointment is that date on which the commissioned officer executes the oath of office in the State.
3. Federal recognition will continue in effect as long as the commissioned officer continues to meet requirements of the grade and position, or until recognition is withdrawn in accordance with regulations, or as otherwise provided by law.

COMMENT

Committee Comments:

1. Unlike their active duty colleagues in the military’s full-time active duty components, reserve component personnel sometimes struggle to find unit slots that match their specific military training and qualifications following relocations necessitated by their personal or professional situations, such as civilian job transfers or attending to family needs. It is not uncommon for National Guard and other reserve component personnel to reside and work full-time (civilian job) in one state, while belonging to and serving part-time with reserve units in nearby states. This geographic flexibility protects individual military careers, while ensuring the maintenance and quality of a robust reserve force in the interests of national security.

However, existing California law requires that CNG commissioned officers reside within this state in order to continue serving with the CNG unit to which they are assigned. If a commissioned officer relocates to a nearby state on anything other than a temporary basis, their state commissions are considered vacated – even if they are able, in practice, to honor all their service commitments to the CNG. If they cannot secure a transfer to another state’s National Guard or find a personnel slot in an appropriate federal military reserve component (usually the U.S. Army Reserve or U.S. Air Force Reserve), they eventually will lose their federal recognition and military careers.

The existing statutory restriction, which has its roots in an era where technology was less developed and travel times were greater, is outdated for three reasons:

• 1. According to the CMD, no neighboring state (e.g., Arizona, Nevada, Oregon) has such a residency requirement for its National Guard members – nor do any of the other three largest National Guard states (e.g., New York, Pennsylvania, Texas). Modern communications and travel technology now permit out-of-state residency as a viable alternative in many cases. Indeed, California residents serve effectively as commissioned officers in the National Guards of Arizona, Nevada, Oregon, and other states without restriction.
  2. Federal law contains no explicit prohibitions on states or territories allowing their commissioned Guard officers to live out-of-state.
  3. California law does not place a similar automatic restriction on CNG enlisted members, who happen to live outside California’s borders and wish to continue service with their California-based units.

1. The CMD has taken no position on this bill.

POSITIONS

Sponsor: Author.

Support: National Guard Association of California

Oppose: None received.

-- END --

1. Headquarters, Department of the Army, “National Guard Regulation (AR) 600-100, 15 April 1994. ↑