California 2017-2018 Regular Session

California Senate Bill SB747 Compare Versions

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1		-	Senate Bill No. ~~747 CHAPTER 221~~ An act to amend Section 232 of, and to add Section 232.5 to, the Military and Veterans Code, relating to state military. ~~[ Approved by Governor September 01, 2017. Filed with Secretary of State September 01, 2017. ]~~ LEGISLATIVE COUNSEL'S DIGESTSB 747, Newman. State military: officer commissions. 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 232 of the Military and Veterans Code is amended to read:232. The commission of an officer shall be vacated by death, by acceptance by proper authority of resignation, by discharge on account of inefficiency, for physical disqualifications, when dropped from the rolls for an absence without leave for three months, by discharge to accept a commission in the United States Army, United States Air Force, United States Navy, or a reserve component thereof, when transferred to the United States Army Reserve upon the expiration of six months as a member of the Inactive National Guard, upon a finding by the Adjutant General that the officer is a security risk as a result of subversive activity, personal traits of character, or by dismissal pursuant to sentence of a general court-martial.SEC. 2. Section 232.5 is added to the Military and Veterans Code, to read:232.5. An officer who resides outside this state shall be permitted to transfer to the National Guard of any other state or territory or to the United States Army Reserve, the United States Air Force Reserve, or another federal military reserve component, in accordance with federal law, including, but not limited to, federal military service regulations. The state shall not grant an officers transfer to the National Guard of any other state or territory or to a federal military reserve component 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, mobilized for deployment on state or federal duty, or notified of impending mobilization for state or federal military duty.
	1	+	Enrolled August 25, 2017 Passed IN Senate May 15, 2017 Passed IN Assembly August 24, 2017 Amended IN Senate April 19, 2017 Amended IN Senate April 17, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 747Introduced by Senator NewmanFebruary 17, 2017 An act to amend Section 232 of, and to add Section 232.5 to, the Military and Veterans Code, relating to state military. LEGISLATIVE COUNSEL'S DIGESTSB 747, Newman. State military: officer commissions. 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 232 of the Military and Veterans Code is amended to read:232. The commission of an officer shall be vacated by death, by acceptance by proper authority of resignation, by discharge on account of inefficiency, for physical disqualifications, when dropped from the rolls for an absence without leave for three months, by discharge to accept a commission in the United States Army, United States Air Force, United States Navy, or a reserve component thereof, when transferred to the United States Army Reserve upon the expiration of six months as a member of the Inactive National Guard, upon a finding by the Adjutant General that the officer is a security risk as a result of subversive activity, personal traits of character, or by dismissal pursuant to sentence of a general court-martial.SEC. 2. Section 232.5 is added to the Military and Veterans Code, to read:232.5. An officer who resides outside this state shall be permitted to transfer to the National Guard of any other state or territory or to the United States Army Reserve, the United States Air Force Reserve, or another federal military reserve component, in accordance with federal law, including, but not limited to, federal military service regulations. The state shall not grant an officers transfer to the National Guard of any other state or territory or to a federal military reserve component 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, mobilized for deployment on state or federal duty, or notified of impending mobilization for state or federal military duty.
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3		-	Senate Bill No. 747 CHAPTER 221 An act to amend Section 232 of, and to add Section 232.5 to, the Military and Veterans Code, relating to state military. [ Approved by Governor September 01, 2017. Filed with Secretary of State September 01, 2017. ] LEGISLATIVE COUNSEL'S DIGESTSB 747, Newman. State military: officer commissions. 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
	3	+	Enrolled August 25, 2017 Passed IN Senate May 15, 2017 Passed IN Assembly August 24, 2017 Amended IN Senate April 19, 2017 Amended IN Senate April 17, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 747Introduced by Senator NewmanFebruary 17, 2017 An act to amend Section 232 of, and to add Section 232.5 to, the Military and Veterans Code, relating to state military. LEGISLATIVE COUNSEL'S DIGESTSB 747, Newman. State military: officer commissions. 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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	5	+	Enrolled August 25, 2017 Passed IN Senate May 15, 2017 Passed IN Assembly August 24, 2017 Amended IN Senate April 19, 2017 Amended IN Senate April 17, 2017
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	7	+	Enrolled August 25, 2017
	8	+	Passed IN Senate May 15, 2017
	9	+	Passed IN Assembly August 24, 2017
	10	+	Amended IN Senate April 19, 2017
	11	+	Amended IN Senate April 17, 2017
	12	+
	13	+	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
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5	15		Senate Bill No. 747
6		-	CHAPTER 221
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	17	+	Introduced by Senator NewmanFebruary 17, 2017
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	19	+	Introduced by Senator Newman
	20	+	February 17, 2017
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8	22		An act to amend Section 232 of, and to add Section 232.5 to, the Military and Veterans Code, relating to state military.
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10		-	[ Approved by Governor September 01, 2017. Filed with Secretary of State September 01, 2017. ]
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12	24		LEGISLATIVE COUNSEL'S DIGEST
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14	26		## LEGISLATIVE COUNSEL'S DIGEST
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16	28		SB 747, Newman. State military: officer commissions.
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18	30		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.
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20	32		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.
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22	34		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.
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24	36		## Digest Key
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26	38		## Bill Text
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28	40		The people of the State of California do enact as follows:SECTION 1. Section 232 of the Military and Veterans Code is amended to read:232. The commission of an officer shall be vacated by death, by acceptance by proper authority of resignation, by discharge on account of inefficiency, for physical disqualifications, when dropped from the rolls for an absence without leave for three months, by discharge to accept a commission in the United States Army, United States Air Force, United States Navy, or a reserve component thereof, when transferred to the United States Army Reserve upon the expiration of six months as a member of the Inactive National Guard, upon a finding by the Adjutant General that the officer is a security risk as a result of subversive activity, personal traits of character, or by dismissal pursuant to sentence of a general court-martial.SEC. 2. Section 232.5 is added to the Military and Veterans Code, to read:232.5. An officer who resides outside this state shall be permitted to transfer to the National Guard of any other state or territory or to the United States Army Reserve, the United States Air Force Reserve, or another federal military reserve component, in accordance with federal law, including, but not limited to, federal military service regulations. The state shall not grant an officers transfer to the National Guard of any other state or territory or to a federal military reserve component 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, mobilized for deployment on state or federal duty, or notified of impending mobilization for state or federal military duty.
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30	42		The people of the State of California do enact as follows:
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32	44		## The people of the State of California do enact as follows:
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34	46		SECTION 1. Section 232 of the Military and Veterans Code is amended to read:232. The commission of an officer shall be vacated by death, by acceptance by proper authority of resignation, by discharge on account of inefficiency, for physical disqualifications, when dropped from the rolls for an absence without leave for three months, by discharge to accept a commission in the United States Army, United States Air Force, United States Navy, or a reserve component thereof, when transferred to the United States Army Reserve upon the expiration of six months as a member of the Inactive National Guard, upon a finding by the Adjutant General that the officer is a security risk as a result of subversive activity, personal traits of character, or by dismissal pursuant to sentence of a general court-martial.
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36	48		SECTION 1. Section 232 of the Military and Veterans Code is amended to read:
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38	50		### SECTION 1.
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40	52		232. The commission of an officer shall be vacated by death, by acceptance by proper authority of resignation, by discharge on account of inefficiency, for physical disqualifications, when dropped from the rolls for an absence without leave for three months, by discharge to accept a commission in the United States Army, United States Air Force, United States Navy, or a reserve component thereof, when transferred to the United States Army Reserve upon the expiration of six months as a member of the Inactive National Guard, upon a finding by the Adjutant General that the officer is a security risk as a result of subversive activity, personal traits of character, or by dismissal pursuant to sentence of a general court-martial.
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42	54		232. The commission of an officer shall be vacated by death, by acceptance by proper authority of resignation, by discharge on account of inefficiency, for physical disqualifications, when dropped from the rolls for an absence without leave for three months, by discharge to accept a commission in the United States Army, United States Air Force, United States Navy, or a reserve component thereof, when transferred to the United States Army Reserve upon the expiration of six months as a member of the Inactive National Guard, upon a finding by the Adjutant General that the officer is a security risk as a result of subversive activity, personal traits of character, or by dismissal pursuant to sentence of a general court-martial.
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44	56		232. The commission of an officer shall be vacated by death, by acceptance by proper authority of resignation, by discharge on account of inefficiency, for physical disqualifications, when dropped from the rolls for an absence without leave for three months, by discharge to accept a commission in the United States Army, United States Air Force, United States Navy, or a reserve component thereof, when transferred to the United States Army Reserve upon the expiration of six months as a member of the Inactive National Guard, upon a finding by the Adjutant General that the officer is a security risk as a result of subversive activity, personal traits of character, or by dismissal pursuant to sentence of a general court-martial.
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48	60		232. The commission of an officer shall be vacated by death, by acceptance by proper authority of resignation, by discharge on account of inefficiency, for physical disqualifications, when dropped from the rolls for an absence without leave for three months, by discharge to accept a commission in the United States Army, United States Air Force, United States Navy, or a reserve component thereof, when transferred to the United States Army Reserve upon the expiration of six months as a member of the Inactive National Guard, upon a finding by the Adjutant General that the officer is a security risk as a result of subversive activity, personal traits of character, or by dismissal pursuant to sentence of a general court-martial.
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50	62		SEC. 2. Section 232.5 is added to the Military and Veterans Code, to read:232.5. An officer who resides outside this state shall be permitted to transfer to the National Guard of any other state or territory or to the United States Army Reserve, the United States Air Force Reserve, or another federal military reserve component, in accordance with federal law, including, but not limited to, federal military service regulations. The state shall not grant an officers transfer to the National Guard of any other state or territory or to a federal military reserve component 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, mobilized for deployment on state or federal duty, or notified of impending mobilization for state or federal military duty.
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52	64		SEC. 2. Section 232.5 is added to the Military and Veterans Code, to read:
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54	66		### SEC. 2.
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56	68		232.5. An officer who resides outside this state shall be permitted to transfer to the National Guard of any other state or territory or to the United States Army Reserve, the United States Air Force Reserve, or another federal military reserve component, in accordance with federal law, including, but not limited to, federal military service regulations. The state shall not grant an officers transfer to the National Guard of any other state or territory or to a federal military reserve component 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, mobilized for deployment on state or federal duty, or notified of impending mobilization for state or federal military duty.
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58	70		232.5. An officer who resides outside this state shall be permitted to transfer to the National Guard of any other state or territory or to the United States Army Reserve, the United States Air Force Reserve, or another federal military reserve component, in accordance with federal law, including, but not limited to, federal military service regulations. The state shall not grant an officers transfer to the National Guard of any other state or territory or to a federal military reserve component 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, mobilized for deployment on state or federal duty, or notified of impending mobilization for state or federal military duty.
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60	72		232.5. An officer who resides outside this state shall be permitted to transfer to the National Guard of any other state or territory or to the United States Army Reserve, the United States Air Force Reserve, or another federal military reserve component, in accordance with federal law, including, but not limited to, federal military service regulations. The state shall not grant an officers transfer to the National Guard of any other state or territory or to a federal military reserve component 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, mobilized for deployment on state or federal duty, or notified of impending mobilization for state or federal military duty.
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64	76		232.5. An officer who resides outside this state shall be permitted to transfer to the National Guard of any other state or territory or to the United States Army Reserve, the United States Air Force Reserve, or another federal military reserve component, in accordance with federal law, including, but not limited to, federal military service regulations. The state shall not grant an officers transfer to the National Guard of any other state or territory or to a federal military reserve component 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, mobilized for deployment on state or federal duty, or notified of impending mobilization for state or federal military duty.