Military and Veterans Code, 1935

The county treasurer may pay district funds only on warrants drawn by the county auditor, and the county auditor must draw warrants for bond and coupon payments from the bond retirement fund first, then other district funds if needed.

The county auditor must draw warrants from the memorial district fund and bond fund to pay lawful district claims that are certified by the board president.

The board must give written annual estimates to the board of supervisors and the auditor at least 15 days before the relevant county tax levy month begins.

The board of supervisors must each year levy a tax on all taxable property in the district and have it collected to pay the district’s bonded debt.

The board of supervisors must levy and arrange collection of a tax to pay the district’s remaining expenses and claims, and the tax is called the memorial district tax.

A memorial district tax in any one year cannot exceed $0.003 per $1 of assessed property value, and it also cannot exceed what is needed to cover certain estimated future expenses.

Taxes must be paid into the county treasury and credited to the memorial district bond retirement fund or the memorial district fund, depending on the tax’s purpose.

District taxes become delinquent when county taxes do, are treated like county-tax delinquencies, and are a lien on taxable property in the district.

Certain local governing bodies and public-land authorities may convey, lease, or make available sites for memorial halls, buildings, and meeting places.

Claims for money or damages against the district are governed by specified Government Code provisions, unless an exception or another applicable statute or regulation applies.

The section defines the unorganized militia as all persons liable for militia service except members of the National Guard, State Guard, or Naval Militia.

A district may issue and sell bonds, and spend the proceeds, if two-thirds of voting registered electors approve the bond proposal.

The board may submit a bond question to district electors, and must do so if 8% of the district’s registered electors petition for it.

A bond question may be submitted at a special bond election or a general district election, and if electors petition for it, the question must be submitted within 90 days after the petition is filed with the board secretary.

If bonds are put to a special election, that election must be handled the same way as a general district election.

If two-thirds of the votes at the election favor issuing the district bonds, the board must record that fact in its minutes and immediately certify the proceedings to the board of supervisors.

The board of supervisors must arrange for the district’s approved bonds to be issued and sold, and must deposit the sale proceeds into a special county treasury fund.

The board of supervisors must issue and sell the district’s bonds as county bonds are issued and sold, following the county-bond rules on denominations, maturities, and interest rates.

If a district bond official stops being an officer before the bonds are delivered, the officer’s signature, countersignature, or attestation still remains valid. A county auditor’s signature on the coupons is also valid even if a different county auditor signs or attests the bonds at delivery.

The board of supervisors must levy a yearly tax on taxable district property to pay district bond interest and redemption, and collected money must go to the district bond retirement fund.

If district bonds have been properly investigated, certified, and declared legal for investment, certain financial and public actors may buy them or take them as loan pledge collateral.

This section defines who is included in the State militia and says the group is subject to federal or state exemptions.

A contract for constructing or altering a hall, building, or meeting place may not be let until professional cost estimates have been submitted, considered, and approved by a majority of the board at an official meeting.

The district may not let a construction or alteration contract for a hall, building, or meeting place unless the project can be finished and made ready for use with funds already on hand.

Contracts for construction or alteration of halls, buildings, or meeting places are not valid unless the plans and specifications comply with the Uniform Building Code and the relevant city or county building code and regulations.

For construction or alteration contracts costing $10,000 or more, the district must use a certified architect or certified structural engineer to make progress reports.

When the Governor considers it necessary, the Governor may order designated officers to enroll all persons liable for militia service, and the enrollment must include any information the Governor requires.

The Governor may direct how enrollment notice is given and how enrollment is done. A person required to enroll who fails or refuses to do so commits a misdemeanor.

Some listed persons are exempt from military service, but they still must file verified claims for exemption in the form and manner the Governor directs.

A district covered by this chapter may change its boundaries and annex new territory under this article.

New territory can qualify for annexation only if it is contiguous to the existing district.

Annexation proceedings may begin only by petition filed with the county clerk and signed by enough registered voters in the territory.

A petition for annexation must be sent to the county board of supervisors, signed by the required number of registered voters, and include the required annexation request, hearing request, and boundary description.

The county elections official must certify petition signatures, then the board of supervisors must review the petition, set a hearing if it complies, and order public notice.

The required notice must say that the board has set the time and place for a hearing on annexing territory to the memorial district, and it must describe the territory or its exterior boundaries.

If the board of supervisors decides to annex territory, it must do so by resolution. The annexation takes effect when the resolution is adopted unless enough voters in the territory file written objections, in which case approval by majority vote is required first.

The result of the election and the election statement must be handled substantially under Sections 1182 and 1183, with wording changed to refer to annexation of the new territory.

Territory that is already part of an existing district when an annexation petition is presented cannot be annexed under this article.

The Governor appoints boards, and those boards decide claims of exemption. The Governor may also set appeal timing by regulation, and appeals may be taken to the Governor from the boards’ decisions.

This section defines key terms used in the chapter.

A political subdivision may lease certain property for up to 20 years to specified veterans organizations, and its governing body sets the rent.

A county board of supervisors may provide and manage veterans-related buildings, memorial facilities, parks, and recreation centers, and may use several financing, property, and partnership tools for that purpose.

The section allows some Section 1262 funds to be contributed to certain local districts or public agencies, up to 50%, if approved by a four-fifths vote of the board of supervisors, and requires the rest to be spent in the community for Section 1262 purposes.

State money given to a political subdivision for acquiring and constructing public buildings may be used for this chapter.

The governing body that maintains covered facilities may let non-veterans use them, free or for stated compensation, if the use does not conflict with the chapter and does not unduly interfere with veterans groups.

A county board of supervisors may sell certain cemetery-adjacent property to a private cemetery owner, if the terms are mutually agreed and the land is used only to bury veterans or eligible surviving spouses or domestic partners.

A city, county, or city and county generally cannot revoke a dedication of certain veterans-related facilities once accepted, unless substitute facilities are provided, the users consent, or the facilities have been abandoned.

The Governor must designate the commanding officer when the National Guard and Naval Militia are serving together, and may assign command to any one of several officers serving in the same place or unit.

The unorganized militia may be called for active duty in emergencies or other listed events, and the Governor may call for and accept volunteers when needed.

Militia members ordered out, volunteering, or drafted must appear at the time and place set by the Governor or authorized person within 24 hours, unless they produce a sworn physician’s certificate of physical disability.

For this code, “county” also includes a city and county.

Members of the state militia may not be discriminated against in enlistments, promotions, or commissions on listed bases, and the Governor must issue rules and regulations to carry out equal treatment.

A fund is created in the State Treasury to maintain and rehabilitate existing veterans memorials in the State Capitol and to receive private donations for that purpose.

The Capitol Park Veterans Memorial Fund is continuously appropriated to the Department of Veterans Affairs for memorial maintenance and rehabilitation.

The Department of Veterans Affairs must administer the Capitol Park Veterans Memorial Fund, and it must work with the Department of General Services under a memorandum of agreement to carry out this chapter.

The Department of Veterans Affairs must prioritize certain Capitol Park Veterans Memorial Fund memorials, especially those without formal maintenance support, and do so in consultation with the California Veterans Board.

A person who maliciously damages or removes a covered veterans’ memorial commits a crime.

The Secretary of Veterans Affairs must establish a seven-member committee and appoint one member to serve as chairperson.

Committee members must not receive any compensation.

The committee may ask the Department of Veterans Affairs for staff support and facilities, and the department may provide that support and be reimbursed.

The committee must carry out the purposes of this chapter.

This section authorizes beautification and enhancement of an existing memorial on state grounds, allows the Department of Veterans Affairs to receive contributions for that purpose, and bars construction from starting until funding and a maintenance agreement are in place.

The committee may manage the design and construction of an enhanced memorial, including scheduling, solicitation, selection, fundraising coordination, review, and required consultation and approval.

The Department of General Services must work with the committee to carry out a set of goals for an enhanced memorial.

The enhanced memorial is to be designed as politically neutral as possible.

The committee must notify the Governor and the Secretary of Veterans Affairs when the memorial’s beautification and enhancement is complete.

This section creates a special account in the General Fund and requires the Department of Veterans Affairs to deposit certain Chapter 7 funds into it.

Money in the named account must be continuously appropriated to the Department of Veterans Affairs for memorial beautification and enhancement, and leftover money must revert to the General Fund on July 1, 2016.

This section creates the National World War II Veterans Memorial Trust Fund and directs its money to the Controller for allocation to the American Battle Monuments Commission.

The Department of Veterans Affairs must establish a statewide Veterans Memorial Registry.

The Department of Veterans Affairs must make the Veterans Memorial Registry available on its website.

The second full week in November is designated annually as Veterans Appreciation Week.

This section says “shall” means mandatory and “may” means permissive.

The Governor of the State is the Commander in Chief of the State Militia.

The Department of Veterans Affairs must help create and oversee a Northern California veterans cemetery and adopt regulations on who may be interred there.

The Shasta County Board of Supervisors may work with other northern California counties to design, develop, and construct the cemetery, and related funds must be deposited into two created state treasury funds.

Proposals for monuments and memorials at the cemetery must be reviewed and approved before they go forward, and the department must adopt related regulations.

The cemetery administrator may accept donations of personal property, including cash or other gifts, if the director approves.

The Governor may designate aides from the National Guard and Naval Militia, appoint up to five aides-de-camp and one naval aide, and those appointments serve as commissions.

The state active duty force is made up of service members in active state military service when ordered by the Governor.

The department must study, then acquire, design, develop, construct, and equip the Southern California Veterans Cemetery in Orange County, and it must set interment fees and eligibility regulations.

Orange County local governments may work with the department on the cemetery, and certain cemetery-related money must be deposited into designated state treasury funds.

Proposals to build, place, or donate monuments or memorials for the cemetery must be reviewed by an advisory committee and finally approved by the secretary.

The cemetery administrator may accept certain donations if the secretary approves, cash donations must go into a special donations fund, and some fund money can be spent only as described here or with legislative appropriation.

The department may adopt regulations to carry out this chapter, and those regulations must follow the Administrative Procedure Act.

This section lets the Governor direct the state militia, sets service-member eligibility and retirement rules, and requires the Adjutant General to issue conforming regulations.

The Governor may declare part of California to be in a state of insurrection and may order militia into state service when specified unrest or resistance conditions exist.

The Governor may revoke a proclamation of insurrection or set when and how it ends.

A person who, after the Section 143 proclamation is published, joins or supports a rebellion, insurrection, riot, resistance to law enforcement of the laws, escape from custody, or resistance to forces ordered out by the Governor can be punished.

This section defines key terms used in Chapter 10 about the Central Coast Veterans Cemetery.

The department must design, develop, construct, and coordinate a state veterans cemetery at the former Fort Ord site, and may make an agreement with the Fort Ord Reuse Authority for the project.

The Secretary of the California Department of Veterans Affairs must establish the California Central Coast Veterans Cemetery Advisory Committee, and the department must seek that committee’s advice before considering significant design changes for the veterans cemetery.

This section creates the Central Coast State Veterans Cemetery Endowment Fund and sets rules for how its money may be used, invested, retained, and exempted.

The Controller must transfer specified funds from the Endowment Fund to the Operations Fund for the veterans cemetery grant application and related project phases, subject to legislative appropriation and available funds.

The Controller must reserve up to 20% of the amount allocated under subdivision (a) in the Operations Fund, and that reserve must be used only for unforeseen operations and maintenance costs.

The department must adopt regulations on interment eligibility and fees, and the collected fees must be deposited into the Endowment Fund.

Proposals about monuments, memorials, and other amenities at the veterans cemetery must be reviewed and approved, and the department must adopt related regulations.

The veterans cemetery administrator may accept personal property donations, including cash, if the Secretary of Veterans Affairs approves.

The Governor may call part of the active militia, or the unorganized militia if needed, into active service in listed emergency or request situations.

The Governor may suspend certain state bidding-advertisement requirements during specified emergencies or when the militia is actively engaged in service under the Governor’s order.

The Governor must direct the Adjutant General to make rules and regulations that conform to this code and, as closely as practicable, to the rules governing the U.S. Army, Air Force, and Navy.

The cemetery administrator may waive interment fees for spouses or children of eligible veterans if their families cannot afford the costs.

For this code section, “oath” includes affirmation.

Certain military and related officers may administer specified oaths, and no charge may be made for doing so.

The Adjutant General serves as the Governor’s chief of staff and commands all state military forces.

Statutes of this state that refer to the Commanding General of the State Military Forces are to be read as referring to the Adjutant General.

The section defines the Adjutant General’s office and sets qualifications for appointment as Deputy Adjutant General.

The Governor must appoint the Adjutant General, with Senate advice and consent, and the appointee must serve on state active duty as a lieutenant general.

The Adjutant General must perform duties set by the code and any extra duties the Governor prescribes, if those duties fit Army, Air Force, and Navy regulations and customs. The Adjutant General must also issue all orders in the Governor’s name.

Records from special proceedings of certain military board-of-inquiry investigations into National Guard aircraft accidents are not admissible in any California court.

This chapter may be cited as the Sabotage Prevention Act of 1950.

This article’s definitions and general provisions control how the chapter is interpreted, unless the context requires otherwise.

This section defines “highway” to include private or public streets, ways, or other places used for travel to or from property.

“Highway commissioners” means any board or other body with authority to restrict or close a highway to public use and travel.

This section defines “public utility” to include various kinds of utility and transportation systems used for public use.

This section defines “war” for this code section.

This section defines “defense preparation” to include certain manufacturing, transportation, storage, distribution, and public-utility operations.

If conduct is prohibited by this chapter and also unlawful under another law, the offender may be convicted under either this chapter or the other law.

This chapter cannot be read to take away employees’ rights to organize, join labor organizations, bargain collectively, engage in concerted activities, or strike.

The Adjutant General may appoint and set salaries for necessary clerical, expert, and technical assistants, but only with Department of Finance approval. The Office of the Adjutant General must be organized under general staff doctrine and procedure, unless inconsistent with California law or this code.

The Adjutant General must receive the same pay and benefits as a lieutenant general under Section 320, and must be paid in the same manner and at the same time as other state active duty service members.

If part of the chapter is invalid, the rest still applies if it can work without the invalid part.

Entities involved in defense preparation may post “no entry without permission” signs around enclosed property, subject to the section’s location and entrance conditions.

A person may not wilfully enter posted premises without the owner’s permission, and doing so is a misdemeanor.

Certain peace officers, security guards, or supervisory employees on posted premises may stop and detain people found there, and may arrest them without a warrant if they believe the person has no right to be on the premises.

Certain defense-preparation actors may petition city or county highway commissioners to close or restrict nearby abutting highway travel when they believe the property is endangered.

If a petition is received, the highway commissioners must set a hearing date and publish notice of the hearing.

After a hearing, highway commissioners must issue an order if they find that public safety and the petitioner’s property safety require closing or restricting public use and travel on an abutting highway within 150 feet of the property.

Notices in letters at least three inches high must be posted conspicuously at each end of any highway that is closed or restricted by the order.

The highway commissioners may revoke or modify an order at any time.

The highway commissioners may issue written permits allowing responsible and reputable persons to travel on highways that are closed or restricted.

A person who violates an order made under Section 1655 commits a misdemeanor.

If the Adjutant General is absent or unable to act, the Deputy Adjutant General or another officer designated by the Adjutant General must perform those duties. If those officers are also unavailable, the Governor may detail a National Guard officer to do so.

A person who intentionally and maliciously damages or tampers with property, with reason to believe it will hinder defense or war efforts, commits a felony.

A person commits a felony if they intentionally and maliciously hide, create, or fail to note a defect in an article or thing when they have reason to believe it is meant for defense- or war-related use.

A person who violates Section 1670 or 1671 can face penalties ranging from imprisonment and fines to life imprisonment or death, depending on whether the conduct caused death, great bodily injury, or neither.

Attempts to commit crimes in this chapter are punishable, with a special penalty for attempts under Sections 1670 and 1671.

If two or more persons conspire to commit a crime covered by this chapter, each is guilty of conspiracy and gets the same punishment as if they had committed the crime themselves.

Officers of the Office of the Adjutant General must perform duties set by law and regulations and follow Defense Department-style duties as closely as practicable; the Assistant Adjutant General is to be a brigadier general and receives the same pay and allowances as a U.S. Army brigadier general.

The Adjutant General must attest commissions issued to military officers.

An elected state officer called to military service has a right to return to office after active service ends, if the elected term has not expired.

Returning public officers are entitled to the same office-related rights and privileges they would have had if they had not been absent.

A vacancy caused by the person's absence may be filled temporarily, but only within the legal limits on duration.

An officer who previously had to file an oath or post a bond must do the same again before returning to the office’s duties.

“Signature” or “subscription” can include a mark for a person who cannot write, and that mark has limited use unless two witnesses sign.

The Adjutant General must deliver the office seal to a successor, and orders from the office must be authenticated with that seal.

The Adjutant General must keep a register of all militia officers and keep required records and papers in the office.

The Adjutant General must report to the Governor every fourth year, starting in 1963.

The Adjutant General must, when necessary and at state expense, have certain military publications printed, indexed, bound, and distributed.

The Adjutant General must prepare and issue the blank books, blanks, and notices needed to carry out this division.

The Adjutant General must prepare and submit next year’s field or camp instruction plan and estimate the funds needed, using the form and details required by specified federal military authorities.

The Adjutant General may display National Guard or Naval Militia equipment, animals, and property, and may give demonstrations, at times and places he chooses.

The Adjutant General must care for, preserve, transport, safeguard, and repair certain military property.

The Adjutant General may dispose of unsuitable state military property, but only with approval from the Department of General Services, and any proceeds must go to the State Treasury and the General Fund.

The Adjutant General must establish and oversee a California State Military Museum and Resource Center, and the Military Department must submit annual and pre-adoption business-plan materials to state budget officials.

The Adjutant General must provide suitable accommodations for the display cabinet at the California State Military Museum and Resource Center, and may arrange for public display of the cabinet’s contents statewide.

This section defines “war” for this code when it is used to describe the rights of certain public employees absent due to military service or Red Cross duty.

The Adjutant General is responsible for certain military property and must prepare required returns of that property as directed by specified federal military secretaries.

This section defines the terms “Veterans’ organizations,” “Poppy,” “Badge,” and “Label” for use in Section 1801.

It is unlawful for any person to falsely market, represent, or distribute poppies, badges, or labels as being sponsored or endorsed by a veterans' organization.

A person who raises money for veterans or a veterans’ association and spends it for a different purpose commits a misdemeanor.

The Adjutant General must oversee preparation of the State’s returns and reports required by the United States on military matters.

The Adjutant General must keep an accurate account of specified military expenses and property.

A person must not willfully wear or use specified veterans’ organization insignia unless entitled to do so under the organizations’ rules and express permission.

A person who falsely represents themself as specified in Penal Code Section 532b is guilty of a misdemeanor or infraction under that section.

The Adjutant General must issue military property as directed by the Governor and make purchases for that purpose. Military property may not be issued to anyone outside the active militia, except portions of the unorganized militia called out by the Governor and authorized California Cadet Corps units.

The Legislature states findings about California citizens who served in wars, those captured or missing in action, and the hardship faced by families of POWs and MIAs.

The Governor must proclaim the third Friday of September as POW/MIA Recognition Day every year. The state may accept POW/MIA flag donations, and the Governor and Legislature may issue proclamations encouraging observance.

The Department of Corrections and Rehabilitation must develop guidance policies for releasing veteran inmates.

The Adjutant General may study whether a California National Guard memorial cemetery should be established at Camp San Luis Obispo.

The Adjutant General may buy needed military property, equipment, and supplies from the United States, subject to the listed department regulations.

In an emergency call to active duty, the Adjutant General may, with the Governor’s approval, obtain needed supplies and services for the personnel called up, and those purchases are exempt from specified Public Contract Code rules.

The Adjutant General may use a $3,000 revolving fund for office needs and advance cash payments, but must repay the amounts, account for them on demand, and may require employee bonds in some cases.

For this code section, “spouse” includes a registered domestic partner.

Federal funds are treated as available for approved joint federal-state armory construction once the federal appropriation is approved and the appropriate federal agency tells the Adjutant General how much was apportioned or prorated to California.

This section says similar provisions in the code are to be read as restatements and continuations of existing law, not as new laws.

This section says what the National Guard consists of.

The Governor may reorganize military organizations, departments, or corps, and may adjust officer structure to match required standards.

The inactive National Guard consists of organizations, officers, and enlisted persons authorized by U.S. law and related regulations.

Some California National Guard members who revert from federal to state control become members of the State Guard and are subject to Chapter 3 for the rest of their enlistment or appointment, unless they are assigned to active units not called or ordered into federal service.

When National Guard organizations are absent in U.S. service, their State or Federal designations may not be assigned to new organizations.

Certain California National Guard members are entitled to credit for qualifying prior military service time as state service.

Certain former National Guard members and qualifying officers get credit for continuous service if they return or reenlist within 90 days.

The California National Guard must tell members that it will help noncitizen members seek U.S. citizenship, and it must help a noncitizen member file the forms and paperwork if the member asks.

All officers must be commissioned by the Governor.

All duly commissioned officers must take the required oath(s) and be covered by the bond provided in this division.

People to be commissioned in the National Guard must be chosen from certain eligible candidates.

Militia officers, warrant officers, enlisted persons, and others on duty must provide required bonds or security within the time set by the Adjutant General.

National Guard officers take rank based on their commission date, with special rules for prior service and active duty, and same-day commissions are ordered by prior service and then age.

The Governor appoints National Guard warrant officers, and warrant officers have the same retirement privileges as commissioned officers.

Every officer must provide himself with the arms, uniforms, and equipment prescribed and approved by the Governor.

A National Guard officer must be retired from active service and placed on the retired list when the officer reaches 64 years of age.

Certain California National Guard officers may be retired after enough service, and the Governor may approve honorary advancement after retirement.

If a board of officers finds an officer incapacitated and the Governor approves, the officer is retired from active service; if the incapacity was not service-related, the Governor decides whether the officer is retired or discharged.

The Governor may assign retired-list officers or noncommissioned officers to active duty with their consent, and may return them to the retired list. Retired officers or noncommissioned officers retired for age generally may not be assigned to command troops, except in war, emergency, or imminent danger.

Sections 232 to 237 apply to commissioned officers of the National Guard and to the unorganized militia when they are called into active service.

An officer’s commission is vacated if any of several listed events occur, including death, resignation accepted by proper authority, discharge, certain transfers, a security-risk finding by the Adjutant General, or court-martial dismissal.

An officer who lives outside the state may transfer to another state’s National Guard or certain federal reserve components, but the state may not approve the transfer if specified investigation, charge, duty, or default conditions exist.

An officer who wants to resign must submit the resignation to the Governor; the Governor’s decision is final and may refuse acceptance in listed situations.

An efficiency board may review an officer’s moral character, capacity, and general fitness for service, and the Governor must act on the board’s findings.