§ 142. — 142. (Amended by Stats. 2020, Ch. 97, Sec. 16.)

California § 142.

• Jurisdiction: California
• Code MVC: Military and Veterans Code - MVC
• Div. 2.: DIVISION 2. THE MILITARY FORCES OF THE STATE
• Part 1.: PART 1. THE STATE MILITIA
• Ch. 2.: CHAPTER 2. General Organization
• Art. 2.: ARTICLE 2. Commander in Chief

Text

(a)
The Governor may order the active militia or any portion of it to perform military duty of every description, including necessary administrative duties, and to participate in small arms gunnery competitions in this state or in any other state or territory or the District of Columbia, or in any fort, camp, or reservation of the United States. The Governor may also authorize the performance of military duty or participation in small arms or gunnery competitions by any part of the active militia anywhere outside the state or outside the United States. Cruise duty ordered for the Naval Militia may be required to be performed on
United States vessels.
(b)
Service members selected for permanent positions shall be selected using a military competitive selection process. A service member ordered to state active duty in accordance with this section who remains on state active duty for six consecutive years shall be eligible for career state active duty status and may remain on state active duty until the service member reaches 60 years of age or is separated for cause. At 60 years of age, a service member may remain on state active duty under temporary orders, which may be renewed annually.
(c)
Orders for a service member with less than six years of state active duty service shall expire annually unless renewed or the service member is separated for cause.
(d)
When a service member reaches 64 years of age, or when federal recognition of
the service member’s grade or rank is withdrawn, whichever occurs later, the service member shall be retired from state active duty.
(e)
A service member on state active duty with the Military Department pursuant to this section shall be any of the following:
(1)
A current member of the California National Guard. For purposes of this section, a member described in subdivision (c) of Section 210 shall not be qualified to serve on state active duty unless the member maintains current membership in the
State Guard.
(2)
An individual who is retired or otherwise honorably separated from service with the active component of any branch of the United States Armed Forces, the federal reserve component of any branch of the United States Armed Forces, or the federally recognized National Guard of any state or United States territory, with current membership in the State Guard.
(3)
A current member of the State Guard with a
minimum of two years of service.
(f)
A service member already serving on state active duty who retires federally from the California National Guard shall assess into the State Guard
in order to retain eligibility for continued state active duty.
(g)
A commissioned officer on state active duty assigned to a general officer position who, previous to that duty, held a state active duty position at a lower grade, may revert to the grade last held upon vacation of the general officer position, if a position is available.
(h)
Notwithstanding any other law, a service member who is on state active duty may be relieved from state active duty if the Adjutant General, acting in good faith and on behalf of the Governor, abolishes a position. The department shall make reasonable attempts to place the service member in an available position for which the service member is otherwise qualified.
(i)
The Adjutant General, under the authority of the Governor as Commander in Chief, shall promulgate
regulations in conformity with this section.

Legislative History

Amended by Stats. 2020, Ch. 97, Sec. 16. (AB 2193) Effective January 1, 2021.