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SB-747 State military: officer commissions. (2017-2018)

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Date Published: 09/02/2017 04:00 AM
SB747:v95#DOCUMENT

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 DIGEST


SB 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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 officer’s 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.