Military and Veterans Code — Part 2 | MVC — United States — California law | Esheria

Military and Veterans Code

Part 2 of 7 · provisions 201–400

This section says the act is called the Military and Veterans Code.

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About this statute

This chapter may be cited as the Veterans’ Revenue Debenture Act of 1970. This section defines key terms used in Chapter 7. This section creates the Veterans’ Debenture Finance Committee, names its members, says they serve without compensation, and allows a majority to act for the committee. The department may issue debentures, but only within a $500 million aggregate limit and with approval from the Veterans’ Debenture Finance Committee. If the department decides debentures should be issued, it must adopt and submit a resolution of issuance for committee review, and after approval the State Treasurer must prepare the authorized debentures.

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Provisions of Military and Veterans Code

Showing 200 of 1,235

  1. 1200.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Management [1190 - 1208] ( Article 2 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Management [1190 - 1208] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 1200. The moneys in the several funds of the district shall be paid out by the county treasurer only upon warrants drawn by the county auditor against the appropriate district fund. The county auditor shall draw warrants against the memorial district bond retirement fund, if that fund contains sufficient moneys, and if not, then, against any other funds of the district in payment of all valid and outstanding bonds of the district at maturity and of interest coupons thereon when due, upon presentation to the county auditor of the bonds or coupons by the owners thereof. (Amended by Stats. 1994, Ch. 114, Sec. 73. Effective January 1, 1995.)
  2. 1201.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Management [1190 - 1208] ( Article 2 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Management [1190 - 1208] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 1201. The county auditor shall also draw warrants against the memorial district fund and against the memorial district bond fund, in payment of lawful claims against the district certified to the county auditor by the president of the board. (Amended by Stats. 1994, Ch. 114, Sec. 74. Effective January 1, 1995.)
  3. 1202.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Management [1190 - 1208] ( Article 2 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Management [1190 - 1208] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 1202. The board shall, annually, at least fifteen days before the first day of the month in which the board of supervisors is required by law to levy the taxes required for county purposes, furnish to the board of supervisors and to the auditor estimates in writing of the minimum amount of money required for the payment of the principal of and interest upon all bonded indebtedness of the district; and also of the minimum amount of money required by the district for any other purposes. (Enacted by Stats. 1935, Ch. 389.)
  4. 1203.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Management [1190 - 1208] ( Article 2 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Management [1190 - 1208] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 1203. The board of supervisors shall annually at the time of levying county taxes and until all bonded indebtedness of the district is fully paid, levy and cause to be collected by the county tax collector a tax on all taxable property in the district sufficient for the payment of the principal of and interest upon all bonded indebtedness of the district. This tax shall be known as the memorial district bond retirement tax. (Enacted by Stats. 1935, Ch. 389.)
  5. 1204.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Management [1190 - 1208] ( Article 2 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Management [1190 - 1208] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 1204. The board of supervisors shall in like manner and until all other expenses and claims are fully paid, levy and cause to be collected by the county tax collector a tax sufficient for the payment of all other expenses and claims of the district. This tax shall be known as the memorial district tax. (Enacted by Stats. 1935, Ch. 389.)
  6. 1205.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Management [1190 - 1208] ( Article 2 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Management [1190 - 1208] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 1205. The memorial district tax levied in any one year shall not exceed the rate of three-tenths of one cent ($0.003) on each dollar ($1) of the assessed valuation of all taxable property in the district, exclusive of any tax which may be required to pay the principal of and interest upon any bonded indebtedness of the district. In no event shall the tax exceed an amount that is sufficient to pay the estimated expenses of operating and maintaining the memorial district for the next year and the estimated capital outlay of the district for the next two years. (Amended by Stats. 1959, Ch. 895.)
  7. 1206.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Management [1190 - 1208] ( Article 2 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Management [1190 - 1208] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 1206. Taxes shall be paid into the county treasury to the credit of the memorial district bond retirement fund or to the credit of the memorial district fund, as the purpose of the tax determines. (Enacted by Stats. 1935, Ch. 389.)
  8. 1207.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Management [1190 - 1208] ( Article 2 enacted by Stats. 1935, Ch. 389. )

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

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Management [1190 - 1208] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 1207. Taxes become delinquent at the time the county taxes become delinquent and shall bear like penalties for delinquency. All taxes shall be a lien upon all the taxable property in the district, and shall be of the same force and effect as the liens for county taxes. Their collection shall be enforced by the same means provided for the enforcement of liens for county taxes. (Enacted by Stats. 1935, Ch. 389.)
  9. 1208.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Management [1190 - 1208] ( Article 2 enacted by Stats. 1935, Ch. 389. )

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

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Management [1190 - 1208] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 1208. Boards of supervisors, governing bodies of incorporated cities and school districts, and all authorities having control of public lands within this State may on behalf of the county, city, school district, park area, or public agency convey, lease, or make available to districts, either gratuitously or for compensation, sites upon lands under their control or jurisdiction, for the erection and maintenance thereon by districts of assembly or memorial halls, buildings, and meeting places, whenever in the reasonable discretion of such board, body, or authority, such sites can be so conveyed, leased, or made available without inconvenience to the interests of the particular county, city, school district, park, or public agency. (Enacted by Stats. 1935, Ch. 389.)
  10. 1209.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2.5. Claims [1209- 1209.] ( Article 2.5 added by Stats. 1959, Ch. 1727. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2.5. Claims [1209- 1209.] ( Article 2.5 added by Stats. 1959, Ch. 1727. ) ## 1209. All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto. (Amended by Stats. 1963, Ch. 1715.)
  11. 121.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Composition [120 - 130] ( Article 1 enacted by Stats. 1935, Ch. 389. )

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Composition [120 - 130] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 121. The unorganized militia consists of all persons liable to service in the militia, but not members of the National Guard, the State Guard, or the Naval Militia. (Amended by Stats. 2020, Ch. 97, Sec. 15. (AB 2193) Effective January 1, 2021.)
  12. 1210.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Bonds [1210 - 1219] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Bonds [1210 - 1219] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 1210. Bonds of a district may be issued, sold, and the proceeds thereof expended in the exercise of any of the powers of the district or in the accomplishment of the purposes of this chapter whenever two-thirds of the registered electors of the district who vote upon a proposal to issue bonds vote in favor thereof. (Enacted by Stats. 1935, Ch. 389.)
  13. 1211.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Bonds [1210 - 1219] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Bonds [1210 - 1219] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 1211. The board may, and upon petition of eight per cent of the registered electors of the district shall, submit to the electors of the district the question whether bonds of the district shall be issued and sold for the purposes set forth by the board in the notice calling the election at which the question is submitted. (Enacted by Stats. 1935, Ch. 389.)
  14. 1212.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Bonds [1210 - 1219] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Bonds [1210 - 1219] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 1212. The question may be submitted at a special bond election called for that purpose or at a general district election. If called upon petition of the electors of the district, the question shall be submitted not later than the ninetieth day after the filing of the petition therefor with the secretary of the board. The notice calling the election shall be entered in the minutes of the board and in addition to other requirements of this chapter governing the general district election shall contain a statement of the purpose of the proposed bond issue, the amount of bonds proposed to be issued, and the rate of interest, not exceeding six per cent, to be paid thereon. (Enacted by Stats. 1935, Ch. 389.)
  15. 1213.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Bonds [1210 - 1219] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Bonds [1210 - 1219] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 1213. If the question whether bonds of the district are to be issued is submitted at a special election, such election shall be noticed, called, conducted, governed, and regulated, in the same manner prescribed for the general district election. (Enacted by Stats. 1935, Ch. 389.)
  16. 1214.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Bonds [1210 - 1219] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Bonds [1210 - 1219] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 1214. If at such election two-thirds of the votes cast are in favor of issuing the bonds of the district, the board shall cause that fact to be entered upon its minutes and shall at once certify to the board of supervisors all of the proceedings of the board in connection with the proposed bond issue, including the purpose thereof, the amount thereof, rate of interest to be paid thereon, and the result of the election. (Enacted by Stats. 1935, Ch. 389.)
  17. 1215.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Bonds [1210 - 1219] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Bonds [1210 - 1219] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 1215. Thereupon, the board of supervisors, by an order entered in its minutes, shall provide for the issuance and sale of bonds of the district in the amount approved by the electors of the district at the election and shall provide for the payment of the proceeds of the sale of the bonds into the county treasury to the credit of a special fund known as the memorial district bond fund which shall be used for the purposes specified in the order of the board of directors calling the special election and shall be expended upon warrants of the county auditor. (Enacted by Stats. 1935, Ch. 389.)
  18. 1216.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Bonds [1210 - 1219] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Bonds [1210 - 1219] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 1216. The board of supervisors shall issue and sell the bonds of the district in the manner and form prescribed by law for county bonds and subject to the conditions therein specified regarding the denominations, maturities, and interest rates of county bonds. (Enacted by Stats. 1935, Ch. 389.)
  19. 1217.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Bonds [1210 - 1219] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Bonds [1210 - 1219] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 1217. If any officer whose signature, countersignature, or attestation appears on any district bonds or coupons thereof, ceases to be such officer before the delivery of the bonds to the purchaser thereof, such signature, countersignature, or attestation shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until the delivery of the bonds. The signature upon the coupons of the person who is county auditor at the date of such bonds shall be valid although the bonds themselves may be attested by a different person who is county auditor at the time of delivery of the bonds. (Enacted by Stats. 1935, Ch. 389.)
  20. 1218.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Bonds [1210 - 1219] ( Article 3 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Bonds [1210 - 1219] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 1218. The board of supervisors at the time of making the levy of taxes for county purposes shall levy a tax for that year upon the taxable property in the district for the interest and redemption of district bonds. Such tax shall not be less than sufficient to pay the interest of the bonds for that year and the portion of the principal due or to become due during the year, and in any event shall be sufficient to raise annually for the first half of the term of the bonds the sum necessary to pay the interest thereon; and during the balance of the term, sufficient to pay the annual interest and to pay annually a proportion of the principal of the bonds equal to a sum produced by taking the whole amount of the bonds outstanding and dividing it by the number of years the bonds then have to run. All money so collected shall be paid into the county treasury to the credit of the district bond retirement fund and be used for the payment of the principal and interest on the bonds and for no other purpose until all bonded indebtedness of the district has been paid in full. The principal and interest on bonds shall be paid by the county treasurer upon the warrant of the county auditor out of the district bond retirement fund if that fund has sufficient moneys and otherwise out of any other funds of the district. The county auditor shall cancel and retain such bonds and coupons when he draws his warrants on the treasurer in favor of the owners thereof. (Enacted by Stats. 1935, Ch. 389.)
  21. 1219.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Bonds [1210 - 1219] ( Article 3 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Bonds [1210 - 1219] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 1219. Whenever the bonds of a district have been investigated and certified by any officer of this state authorized to make such investigation and certification, and by the authority of such certification have been declared to be legal for investment by savings banks of this state, then such bonds may be lawfully purchased or received in pledge for loans by savings banks, building and loan associations, trust companies, insurance companies, guardians, conservators, executors, administrators, special administrators, or by any public officer within this state holding funds which by law may be invested or loaned. (Amended by Stats. 1979, Ch. 730.)
  22. 122.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Composition [120 - 130] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Composition [120 - 130] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 122. The militia of the State consists of all able-bodied male citizens and all other able-bodied males who have declared their intention to become citizens of the United States, who are between the ages of eighteen and forty-five, and who are residents of the State, and of such other persons as may upon their own application be enlisted or commissioned therein pursuant to the provisions of this division, subject, however, to such exemptions as now exist or may be hereafter created by the laws of the United States or of this State. (Enacted by Stats. 1935, Ch. 389.)
  23. 1221.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3.5. Construction and Alteration of Halls, Buildings and Meeting Places [1221 - 1224] ( Article 3.5 added by Stats. 1959, Ch. 1067. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3.5. Construction and Alteration of Halls, Buildings and Meeting Places [1221 - 1224] ( Article 3.5 added by Stats. 1959, Ch. 1067. ) ## 1221. No contract for the construction or alteration of any hall, building or meeting place shall be let until such time as professional estimates of the cost of such construction or alteration have been submitted to, considered, and approved by a majority of the board at an official meeting. (Added by Stats. 1959, Ch. 1067.)
  24. 1222.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3.5. Construction and Alteration of Halls, Buildings and Meeting Places [1221 - 1224] ( Article 3.5 added by Stats. 1959, Ch. 1067. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3.5. Construction and Alteration of Halls, Buildings and Meeting Places [1221 - 1224] ( Article 3.5 added by Stats. 1959, Ch. 1067. ) ## 1222. No contract shall be let for the construction or alteration of any hall, building or meeting place unless such project can be completed and be ready for occupancy and use with the funds the district has on hand. (Added by Stats. 1959, Ch. 1067.)
  25. 1223.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3.5. Construction and Alteration of Halls, Buildings and Meeting Places [1221 - 1224] ( Article 3.5 added by Stats. 1959, Ch. 1067. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3.5. Construction and Alteration of Halls, Buildings and Meeting Places [1221 - 1224] ( Article 3.5 added by Stats. 1959, Ch. 1067. ) ## 1223. No contract for the construction or alteration of any hall, building or meeting place is valid, and no district funds shall be paid for any work done under such a contract or for any labor or materials furnished under such contract, unless the plans and specifications comply in every particular with the provisions of the Uniform Building Code and the building code and regulations of the city or county in which the building is to be located. (Added by Stats. 1959, Ch. 1067.)
  26. 1224.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3.5. Construction and Alteration of Halls, Buildings and Meeting Places [1221 - 1224] ( Article 3.5 added by Stats. 1959, Ch. 1067. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3.5. Construction and Alteration of Halls, Buildings and Meeting Places [1221 - 1224] ( Article 3.5 added by Stats. 1959, Ch. 1067. ) ## 1224. If the cost of construction or alteration under the contract is ten thousand dollars ($10,000) or more, from time to time, as the work of construction or alteration progresses, a certified architect or a certified structural engineer, hired by the district, shall make reports showing, of his own personal knowledge, that the work during the period covered by the report has been performed and materials used and installed, in every particular, in accordance with the approved plans and specifications. (Added by Stats. 1959, Ch. 1067.)
  27. 123.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Composition [120 - 130] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Composition [120 - 130] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 123. Whenever the Governor deems it necessary, they may order an enrollment to be made by officers designated by the Governor, of all persons liable to service in the militia. The enrollment shall include any information that the Governor may require. Three copies thereof shall be made: one copy shall be filed in the office of the clerk of the county in which the enrollment is made, and two copies in the office of the Adjutant General. (Amended by Stats. 2024, Ch. 129, Sec. 8. (SB 1097) Effective January 1, 2025.)
  28. 124.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Composition [120 - 130] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Composition [120 - 130] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 124. Enrollment shall be made upon such notice and in such manner as the Governor may direct. Every person required by such notice to enroll who fails or refuses so to do is guilty of a misdemeanor. (Enacted by Stats. 1935, Ch. 389.)
  29. 125.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Composition [120 - 130] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Composition [120 - 130] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 125. The following persons shall be exempt from military service: (a) Persons exempt from military service by the laws of the United States. (b) Regular or duly ordained ministers of religion. (c) Students preparing for the ministry in recognized theological or divinity schools. (d) Pilots and mariners actually employed in sea service by a citizen of the United States. The above persons shall not be exempt from enrollment but shall file verified claims for exemption from military service in such forms and manner as the Governor may direct. (Amended by Stats. 1949, Ch. 536.)
  30. 1251.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 6. Annexation [1251 - 1259] ( Article 6 added by Stats. 1961, Ch. 34. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 6. Annexation [1251 - 1259] ( Article 6 added by Stats. 1961, Ch. 34. ) ## 1251. The boundaries of any district organized or existing under this chapter may be altered and new territory annexed to, and incorporated within, it pursuant to this article. (Added by Stats. 1961, Ch. 34.)
  31. 1252.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 6. Annexation [1251 - 1259] ( Article 6 added by Stats. 1961, Ch. 34. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 6. Annexation [1251 - 1259] ( Article 6 added by Stats. 1961, Ch. 34. ) ## 1252. To qualify for annexation, new territory shall be contiguous to the existing district. (Added by Stats. 1961, Ch. 34.)
  32. 1253.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 6. Annexation [1251 - 1259] ( Article 6 added by Stats. 1961, Ch. 34. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 6. Annexation [1251 - 1259] ( Article 6 added by Stats. 1961, Ch. 34. ) ## 1253. Proceedings may be commenced for the annexation of territory to an existing district by petition filed with the county clerk and signed by registered voters residing within the territory to be annexed equal in number to at least eight percent of the number of votes cast in the territory proposed to be annexed for the office of Governor at the last general election at which a Governor was elected. If both incorporated and unincorporated territory are included within the new territory, the petition shall be signed by registered voters equal in number in each territory to at least eight percent of the votes so cast therein for Governor. (Added by Stats. 1961, Ch. 34.)
  33. 1254.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 6. Annexation [1251 - 1259] ( Article 6 added by Stats. 1961, Ch. 34. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 6. Annexation [1251 - 1259] ( Article 6 added by Stats. 1961, Ch. 34. ) ## 1254. The petition shall be addressed to the board of supervisors of the county within which the district is situated, shall be signed by the number of qualified registered voters specified in Section 1253, and shall propose and set forth: (a) The annexation of new territory under this article. (b) The calling by the board of supervisors of a meeting to conduct a hearing upon the question whether the new territory should be annexed. (c) An accurate description of the boundaries of the new territory specifying what portion of the territory is incorporated and what portion unincorporated. (Added by Stats. 1961, Ch. 34.)
  34. 1255.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 6. Annexation [1251 - 1259] ( Article 6 added by Stats. 1961, Ch. 34. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 6. Annexation [1251 - 1259] ( Article 6 added by Stats. 1961, Ch. 34. ) ## 1255. Within 30 days after the filing of the petition the county elections official shall find and certify whether the petition is signed by the requisite number of qualified registered voters of the territory proposed to be annexed and of the incorporated and unincorporated portions thereof and shall present the petition with the certificate of their findings attached thereto to the board of supervisors at its first regular meeting held 10 days from the date of certification of the petition. At the regular meeting the board shall ascertain whether the petition in all respects complies with the requirements therefor, except that the certificate shall be conclusive evidence of the sufficiency of the signatures to the petition. If the board finds that the petition complies with the requirements, it shall at the same regular meeting fix a time and place for the hearing of the petition not less than 20 days nor more than 40 days after the date of the meeting, and shall direct the clerk of the board to publish a notice once a week for three successive weeks in a newspaper circulated in the territory that is proposed to be annexed, and that the board deems most likely to give notice to the inhabitants of the territory. (Amended by Stats. 2024, Ch. 129, Sec. 105. (SB 1097) Effective January 1, 2025.)
  35. 1256.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 6. Annexation [1251 - 1259] ( Article 6 added by Stats. 1961, Ch. 34. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 6. Annexation [1251 - 1259] ( Article 6 added by Stats. 1961, Ch. 34. ) ## 1256. The notice required in Section 1255 shall state the fact that the board has fixed the time and place, which shall be stated in the notice, for a hearing on the matter of the annexation of territory to the memorial district. The notice shall describe the territory or shall specify the exterior boundaries of the territory proposed to be annexed to the district. (Added by Stats. 1961, Ch. 34.)
  36. 1257.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 6. Annexation [1251 - 1259] ( Article 6 added by Stats. 1961, Ch. 34. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 6. Annexation [1251 - 1259] ( Article 6 added by Stats. 1961, Ch. 34. ) ## 1257. If, at the close of the hearing, the board of supervisors determines to annex the territory, or any portion thereof, it shall so declare by resolution. The annexation shall be effective upon the date of the adoption of the resolution unless one percent or more of the voters living within the territory to be annexed have at or prior to hearing filed written objections to the annexation. If written objections to the proposed annexation are made by the number of voters specified in this section, the annexation shall not be effective until it is approved by a majority vote of the voters of the territory proposed to be annexed. The election shall be conducted substantially as provided in Sections 1179, 1180, and 1181. (Added by Stats. 1961, Ch. 34.)
  37. 1258.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 6. Annexation [1251 - 1259] ( Article 6 added by Stats. 1961, Ch. 34. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 6. Annexation [1251 - 1259] ( Article 6 added by Stats. 1961, Ch. 34. ) ## 1258. The declaration of the result and recordation of the statement of the election shall be carried out substantially pursuant to Sections 1182 and 1183 of this chapter except that the words “formation of the district” shall be replaced in each instance by the words “annexation of the new territory.” (Added by Stats. 1961, Ch. 34.)
  38. 1259.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 6. Annexation [1251 - 1259] ( Article 6 added by Stats. 1961, Ch. 34. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 1. Memorial Districts [1170 - 1259] ( Chapter 1 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 6. Annexation [1251 - 1259] ( Article 6 added by Stats. 1961, Ch. 34. ) ## 1259. Territory forming a part of any existing district at the time of presentation of a petition for annexation, shall not be annexed pursuant to this article. (Added by Stats. 1961, Ch. 34.)
  39. 126.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Composition [120 - 130] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Composition [120 - 130] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 126. The Governor shall appoint boards in number and personnel as will best accomplish the enrollment and such boards shall be vested with the authority and power of passing upon and determining the claims of exemption filed under section 125. An appeal to the Governor may be taken from the decision of the boards by the State or any person interested in the matter and within the time prescribed in regulations promulgated by the Governor. (Enacted by Stats. 1935, Ch. 389.)
  40. 1260.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 2. County and City Buildings [1260 - 1266] ( Chapter 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    This section defines key terms used in the chapter.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 2. County and City Buildings [1260 - 1266] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## 1260. As used in this chapter, unless the context otherwise indicates: (a) “Political subdivision” means any city, county, district, or other local governmental agency. (b) “Governing body” means the board of supervisors in the case of a county, or the city council or board of trustees or other governing board in the case of a city, district, or other local governmental agency. (c) “Veterans association” or “veterans service organization” means any association or organization which is composed solely of persons who served honorably in time of war or in time of peace in a campaign or expedition for service in which a medal has been authorized by the government of the United States, as members of the Armed Forces of the United States, or who as citizens of the United States served honorably in time of war as members of the armed forces of any nation whose government was allied with the United States during that war, and which is organized for patriotic, fraternal, and benevolent objects. (d) “Nonprofit veteran service agency” shall have the meaning given in Section 999.51 of the Military and Veterans Code. (Amended by Stats. 2013, Ch. 697, Sec. 1. (SB 725) Effective January 1, 2014.)
  41. 1261.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 2. County and City Buildings [1260 - 1266] ( Chapter 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 2. County and City Buildings [1260 - 1266] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## 1261. Any political subdivision may lease any lot or building or part thereof belonging to it and not required for public use, for not exceeding 20 years, or may acquire and lease or sublease any lot or building or part thereof for not exceeding 20 years, to a veterans association, veterans service organization, or nonprofit veteran service agency organized in such political subdivision, to be used for the purposes of the veterans association, veterans service organization, or nonprofit veteran service agency. The rental shall be fixed by the governing body of the political subdivisions, and may be nominal in amount. (Amended by Stats. 2013, Ch. 697, Sec. 2. (SB 725) Effective January 1, 2014.)
  42. 1262.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 2. County and City Buildings [1260 - 1266] ( Chapter 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 2. County and City Buildings [1260 - 1266] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## 1262. Any county may provide, maintain, or provide and maintain buildings, memorial halls, meeting places, memorial parks, or recreation centers for the use or benefit of one or more veterans associations, veterans service organizations, or nonprofit veteran service agencies. For these purposes the board of supervisors of any county may: (a) Purchase, receive by donation, condemn, lease, or acquire real or personal property necessary for such buildings, memorial parks, or recreation centers, and improve, preserve, manage, and control the same. (b) Purchase, construct, lease, furnish, or repair such buildings, and provide custodians, employees, attendants, and supplies for the proper maintenance thereof. (c) Clear, grade, plant, irrigate, fence, and improve such memorial parks, or recreation centers, and provide custodians, employees, attendants, and supplies for the proper maintenance thereof. (d) Furnish sites for such buildings to be built by or for such organizations, and furnish sites for the erection thereon of such buildings, the funds for which shall be supplied by county authorities or from other sources. Any part or portion of any public lot, block, or park may be used for such purpose. (e) Levy a special tax pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code, and spend the proceeds for the purposes of this chapter. (f) Establish a fund for the purposes hereof, and transfer from the General Fund to such fund such moneys as the board deems necessary. (g) Incur, in the manner provided by law, a bonded indebtedness on behalf of the county for any of the purposes hereof. (h) Join with any incorporated city in the county in the accomplishment of the above purposes and to that end hold jointly with such city all property acquired, and expend money in conjunction with such city in accomplishing the above purposes. Title to any property jointly so acquired by a county and a city may at any time be conveyed by either of the joint owners to the other without consideration other than to carry out the purposes of this section. (i) Join with memorial districts in the purchase, acquisition, or construction of memorial halls, assembly halls, buildings, or meeting places, or in the accomplishment of any other purpose for which a memorial district has been organized, using the funds authorized to be raised by this section. Title to any property so purchased, acquired, or constructed may be taken in the name of the memorial district or jointly with the county, or the county may convey any property so acquired, purchased, or constructed to the memorial district without consideration to the county. The board of supervisors may transfer to a memorial district funds raised pursuant to this section to be expended by the district in furtherance of the purposes of the district under terms and conditions consistent with the purposes for which the funds were raised. (Amended by Stats. 2013, Ch. 697, Sec. 3. (SB 725) Effective January 1, 2014.)
  43. 1262.1.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 2. County and City Buildings [1260 - 1266] ( Chapter 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 2. County and City Buildings [1260 - 1266] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## 1262.1. Not to exceed 50 percent of any funds accumulated in, transferred from or accumulated by transfer from, the General Fund pursuant to, and for any of the purposes authorized in, Section 1262 for expenditure within an area or community may be contributed to any water district, sanitation district or other district or public agency encompassing or lying within the county for use by such district or public agency for construction or improvement of a water supply or water distribution facility or a sewage collection system or a sewage treatment facility servicing or designed to serve a community or area within such district or public agency, when it is found by a four-fifths vote of the board of supervisors to be in the best public interest and in the best interests of such community or area. The remainder of such funds so accumulated shall be expended within such community for one or more of the purposes authorized in Section 1262, and in connection therewith a plaque shall be placed and maintained in an appropriate public place commemorating veterans from and residing in the area and reciting appropriate credit for the community public facility to which such funds were contributed. The contributions authorized by this section may be made notwithstanding and independent of any other provision of law regarding or limiting county expenditures for such purpose or county contribution to such districts or agencies for expenditure for such purposes. (Added by Stats. 1968, Ch. 1445.)
  44. 1263.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 2. County and City Buildings [1260 - 1266] ( Chapter 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 2. County and City Buildings [1260 - 1266] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## 1263. Any money which is made available by the State to any political subdivision for the purposes of acquiring and constructing public buildings may be used for the purposes of this chapter. (Added by Stats. 1946, 1st Ex. Sess., Ch. 110.)
  45. 1264.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 2. County and City Buildings [1260 - 1266] ( Chapter 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 2. County and City Buildings [1260 - 1266] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## 1264. The governing body maintaining any facilities constructed or maintained pursuant to this chapter may provide for the use of such facilities by persons or organizations other than veterans, either free of charge or for stated compensation to aid in defraying the cost of maintenance, for any purpose not inconsistent with the continued use pursuant to this chapter, when such use will not unduly interfere with the reasonable use of the facilities by a veterans association, veterans service organization, or nonprofit veteran service agency. (Amended by Stats. 2013, Ch. 697, Sec. 4. (SB 725) Effective January 1, 2014.)
  46. 1265.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 2. County and City Buildings [1260 - 1266] ( Chapter 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 2. County and City Buildings [1260 - 1266] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## 1265. The board of supervisors of any county may sell real property contiguous to an existing cemetery which it acquired for the purposes of Section 1262 to the owners of a private cemetery upon terms and conditions mutually agreed upon, but which shall require the buyers to use that property exclusively for the burial of veterans or surviving spouses or domestic partners of veterans. Sections 25524 to 25537, inclusive, of the Government Code do not apply to a sale made pursuant to this section. (Amended by Stats. 2024, Ch. 129, Sec. 106. (SB 1097) Effective January 1, 2025.)
  47. 1266.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 2. County and City Buildings [1260 - 1266] ( Chapter 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 2. County and City Buildings [1260 - 1266] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## 1266. (a) Whenever a city, county, or city and county has provided, maintained, or provided and maintained any building, memorial hall, meeting place, memorial park, or recreation center for the use or benefit of one or more veterans associations, veterans service organizations, or nonprofit veteran service agencies pursuant to Section 1262 or Section 37461 of the Government Code, the provision of that facility and its acceptance by the veterans associations, veterans service organizations, or nonprofit veteran service agencies constitutes a dedication of that property to a public purpose, and the city, county, or city and county may not revoke the dedication, so long as the veterans associations, veterans service organizations, or nonprofit veteran service agencies have not violated the terms and conditions of the dedication, unless the city, county, or city and county dedicates substitute facilities or unless the veterans associations, veterans service organizations, or nonprofit veteran service agencies have either consented to the proposed city, county, or city and county action or have abandoned use of the facilities. (b) For purposes of subdivision (a), a property shall not be considered abandoned if the veterans association, veterans service organization, or nonprofit veteran service agency is required to move from the property in order for the property to undergo seismic retrofitting or remodeling. (Amended by Stats. 2013, Ch. 697, Sec. 5. (SB 725) Effective January 1, 2014.)
  48. 127.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Composition [120 - 130] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Composition [120 - 130] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 127. When the National Guard and Naval Militia are on duty as a combined force at any time, the commanding officer of the whole force shall be designated by the Governor. When two or more officers are on duty in the same place, camp, field, command or organization, the Governor may assign the command to any one of such officers without regard to seniority of rank or branch of service. (Amended by Stats. 1949, Ch. 536.)
  49. 128.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Composition [120 - 130] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Composition [120 - 130] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 128. The unorganized militia may be called for active duty in case of war, rebellion, insurrection, invasion, tumult, riot, breach of the peace, public calamity or catastrophe, or other emergency, or imminent danger thereof, or may be called forth for service under the Constitution and laws of the United States. Whenever it is necessary to call out any portion of the unorganized militia, the Governor may call for and accept as many volunteers as are required for such service, under regulations provided by this division. (Amended by Stats. 1947, Ch. 155.)
  50. 129.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Composition [120 - 130] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Composition [120 - 130] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 129. Every member of the militia who is ordered out, or who volunteers or is drafted under the provisions of this division and who does not appear at the time and place designated by the Governor, or under his authority, within twenty-four hours from such time, and who does not produce a sworn certificate of physical disability from a physician in good standing, is a deserter and shall be dealt with as prescribed in the Articles of War of the United States, or by this division. (Enacted by Stats. 1935, Ch. 389.)
  51. 13.

    ## Military and Veterans Code - MVC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 389. ) ## 13. “County” includes city and county. (Enacted by Stats. 1935, Ch. 389.)
  52. 130.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Composition [120 - 130] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Composition [120 - 130] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 130. (a) Members of the militia of the state shall not be discriminated against in enlistments, promotions, or commissions on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. (b) It is hereby declared to be the policy of the State of California that there be equality of treatment and opportunity for all members of the militia of the state without regard to any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code. This policy shall be put into effect in the militia by rules and regulations to be issued by the Governor with due regard to the powers of the federal government that are, or may be, exercised over all the militia of the state with regard to positions requiring federal recognition. (Amended by Stats. 2004, Ch. 788, Sec. 17. Effective January 1, 2005.)
  53. 1300.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 4. Capitol Park Veterans Memorials [1300 - 1303] ( Chapter 4 repealed and added by Stats. 2023, Ch. 684, Sec. 2. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 4. Capitol Park Veterans Memorials [1300 - 1303] ( Chapter 4 repealed and added by Stats. 2023, Ch. 684, Sec. 2. ) ## 1300. There is hereby created within the State Treasury the Capitol Park Veterans Memorial Fund for the purpose of the maintenance and rehabilitation of existing memorials in the State Capitol to veterans of the United States Armed Forces and for receipt of private donations for that purpose. (Amended by Stats. 2024, Ch. 80, Sec. 101. (SB 1525) Effective January 1, 2025.)
  54. 1301.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 4. Capitol Park Veterans Memorials [1300 - 1303] ( Chapter 4 repealed and added by Stats. 2023, Ch. 684, Sec. 2. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 4. Capitol Park Veterans Memorials [1300 - 1303] ( Chapter 4 repealed and added by Stats. 2023, Ch. 684, Sec. 2. ) ## 1301. The Capitol Park Veterans Memorial Fund is hereby continuously appropriated to the Department of Veterans Affairs for the purpose of the maintenance and rehabilitation of existing memorials in the State Capitol to veterans of the United States Armed Forces. (Added by Stats. 2023, Ch. 684, Sec. 2. (AB 1350) Effective January 1, 2024.)
  55. 1302.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 4. Capitol Park Veterans Memorials [1300 - 1303] ( Chapter 4 repealed and added by Stats. 2023, Ch. 684, Sec. 2. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 4. Capitol Park Veterans Memorials [1300 - 1303] ( Chapter 4 repealed and added by Stats. 2023, Ch. 684, Sec. 2. ) ## 1302. The Department of Veterans Affairs shall administer the Capitol Park Veterans Memorial Fund. The Department of Veterans Affairs and the Department of General Services shall work collaboratively pursuant to a memorandum of agreement to carry out the duties and functions of this chapter. (Added by Stats. 2023, Ch. 684, Sec. 2. (AB 1350) Effective January 1, 2024.)
  56. 1303.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 4. Capitol Park Veterans Memorials [1300 - 1303] ( Chapter 4 repealed and added by Stats. 2023, Ch. 684, Sec. 2. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 4. Capitol Park Veterans Memorials [1300 - 1303] ( Chapter 4 repealed and added by Stats. 2023, Ch. 684, Sec. 2. ) ## 1303. When administering the Capitol Park Veterans Memorial Fund, the Department of Veterans Affairs shall prioritize, in consultation with the California Veterans Board, those memorials that do not have formal support from another body, public or private, for their maintenance, including, but not limited to, the Vietnam Veterans Memorial on the grounds of the State Capitol. (Added by Stats. 2023, Ch. 684, Sec. 2. (AB 1350) Effective January 1, 2024.)
  57. 1318.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 5.5. Vandalism of Veterans’ Memorials [1318- 1318.] ( Chapter 5.5 added by Stats. 1992, Ch. 135, Sec. 1. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 5.5. Vandalism of Veterans’ Memorials [1318- 1318.] ( Chapter 5.5 added by Stats. 1992, Ch. 135, Sec. 1. ) ## 1318. Every person who maliciously destroys, cuts, breaks, mutilates, effaces, or otherwise injures, tears down, or removes any veterans’ memorial constructed or established pursuant to this division, or constructed or established by any veterans’ association, as defined in subdivision (c) of Section 1260, is guilty of a crime punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or by imprisonment in a county jail for less than one year. (Amended by Stats. 2011, Ch. 15, Sec. 225. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  58. 1330.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 7. California Mexican American Veterans’ Memorial Beautification and Enhancement [1330 - 1338] ( Chapter 7 added by Stats. 1993, Ch. 1221, Sec. 1. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 7. California Mexican American Veterans’ Memorial Beautification and Enhancement [1330 - 1338] ( Chapter 7 added by Stats. 1993, Ch. 1221, Sec. 1. ) ## 1330. (a) The Secretary of Veterans Affairs shall establish a California Mexican American Veterans’ Memorial Beautification and Enhancement Committee composed of seven members as follows: (1) Five members appointed by the Governor. (2) One member appointed by the President pro Tempore of the Senate. (3) One member appointed by the Speaker of the Assembly. (b) The secretary shall appoint one member from the committee to serve as chairperson. (Amended by Stats. 2007, Ch. 558, Sec. 1. Effective January 1, 2008. Repealed on date prescribed in Section 1338.)
  59. 1331.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 7. California Mexican American Veterans’ Memorial Beautification and Enhancement [1330 - 1338] ( Chapter 7 added by Stats. 1993, Ch. 1221, Sec. 1. )

    Verify source ↗

    Committee members must not receive any compensation.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 7. California Mexican American Veterans’ Memorial Beautification and Enhancement [1330 - 1338] ( Chapter 7 added by Stats. 1993, Ch. 1221, Sec. 1. ) ## 1331. Members of the committee shall not receive any compensation. (Amended by Stats. 2007, Ch. 558, Sec. 2. Effective January 1, 2008. Repealed on date prescribed in Section 1338.)
  60. 1332.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 7. California Mexican American Veterans’ Memorial Beautification and Enhancement [1330 - 1338] ( Chapter 7 added by Stats. 1993, Ch. 1221, Sec. 1. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 7. California Mexican American Veterans’ Memorial Beautification and Enhancement [1330 - 1338] ( Chapter 7 added by Stats. 1993, Ch. 1221, Sec. 1. ) ## 1332. The committee may request staff support and facilities for its activities from the Department of Veterans Affairs, and the department may provide that support and be reimbursed for the cost of this support. (Amended by Stats. 2007, Ch. 558, Sec. 3. Effective January 1, 2008. Repealed on date prescribed in Section 1338.)
  61. 1333.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 7. California Mexican American Veterans’ Memorial Beautification and Enhancement [1330 - 1338] ( Chapter 7 added by Stats. 1993, Ch. 1221, Sec. 1. )

    Verify source ↗

    The committee must carry out the purposes of this chapter.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 7. California Mexican American Veterans’ Memorial Beautification and Enhancement [1330 - 1338] ( Chapter 7 added by Stats. 1993, Ch. 1221, Sec. 1. ) ## 1333. The committee shall be responsible for carrying out the purposes of this chapter. (Amended by Stats. 2007, Ch. 558, Sec. 4. Effective January 1, 2008. Repealed on date prescribed in Section 1338.)
  62. 1334.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 7. California Mexican American Veterans’ Memorial Beautification and Enhancement [1330 - 1338] ( Chapter 7 added by Stats. 1993, Ch. 1221, Sec. 1. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 7. California Mexican American Veterans’ Memorial Beautification and Enhancement [1330 - 1338] ( Chapter 7 added by Stats. 1993, Ch. 1221, Sec. 1. ) ## 1334. (a) The beautification and enhancement of an existing memorial on state grounds is hereby authorized. For the purposes of this act, “state grounds” means that property in the City of Sacramento bounded by “Ninth,” “Tenth,” “L,” and “N” Streets. The actual site for the beautification and enhancement of the memorial shall be the site of the existing memorial and surrounding ground. (b) Funds for the beautification and enhancement of the memorial shall be provided through private contributions and through existing funds collected under the auspices of the California Mexican American Veterans’ Memorial Beautification and Enhancement Commission. The Department of Veterans Affairs may receive contributions for this purpose. (c) If the California Mexican American Veterans’ Memorial Beautification and Enhancement Committee undertakes responsibility to construct a memorial under this chapter, it shall not begin construction until the Department of Finance has determined that sufficient private funding is available to construct, enhance, and maintain the memorial, and the committee signs a maintenance agreement with the state, as created under subdivision (f) of Section 1335.5, to maintain the memorial with private contributions. (Amended by Stats. 2008, Ch. 520, Sec. 1. Effective January 1, 2009. Repealed on date prescribed in Section 1338.)
  63. 1335.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 7. California Mexican American Veterans’ Memorial Beautification and Enhancement [1330 - 1338] ( Chapter 7 added by Stats. 1993, Ch. 1221, Sec. 1. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 7. California Mexican American Veterans’ Memorial Beautification and Enhancement [1330 - 1338] ( Chapter 7 added by Stats. 1993, Ch. 1221, Sec. 1. ) ## 1335. With respect to the design and construction of an enhanced memorial, the committee may do all of the following: (a) Establish a schedule for the design, construction, and dedication of the enhanced memorial. (b) Implement procedures to solicit designs for beautifying and enhancing the memorial and devise a selection process for the choice of the design. (c) Select individuals or organizations to provide fundraising services and to construct the enhanced memorial. (d) Review and monitor the design and construction of the memorial and establish a program for the rededication of the memorial. (e) Consult with the Department of General Services to determine parameters for the final size of the memorial. (f) Consult with and obtain final design and site orientation approval from the Department of General Services and the Secretary of Veterans Affairs. (Amended by Stats. 2007, Ch. 558, Sec. 6. Effective January 1, 2008. Repealed on date prescribed in Section 1338.)
  64. 1335.5.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 7. California Mexican American Veterans’ Memorial Beautification and Enhancement [1330 - 1338] ( Chapter 7 added by Stats. 1993, Ch. 1221, Sec. 1. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 7. California Mexican American Veterans’ Memorial Beautification and Enhancement [1330 - 1338] ( Chapter 7 added by Stats. 1993, Ch. 1221, Sec. 1. ) ## 1335.5. With respect to the design and construction of an enhanced memorial, the Department of General Services, in consultation with the committee, shall seek to accomplish the following goals: (a) Review the preliminary design plans to identify potential maintenance concerns. (b) Compliance with the Americans with Disabilities Act of 1990 (Public Law 101-336) and other safety concerns. (c) Review and approval of proper California Environmental Quality Act documents prepared for work at the designated state grounds. (d) Review of final construction documents to ensure that all requirements are met. (e) Preparation and attainment of the right-of-entry permit outlining the final area of work, final construction documents, construction plans, the contractor hired to perform the work, insurance, bonding, provisions for damage to state property, and inspection requirements. (f) Prepare a maintenance agreement outlining the California Mexican American Veterans’ Memorial Beautification and Enhancement Committee’s responsibility for the long-term maintenance of the memorial due to aging, vandalism, or relocation. (g) Inspect the construction performed by the contractor selected by the California Mexican American Veterans’ Memorial Beautification and Enhancement Committee. (Added by Stats. 2008, Ch. 520, Sec. 2. Effective January 1, 2009. Repealed on date prescribed in Section 1338.)
  65. 1336.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 7. California Mexican American Veterans’ Memorial Beautification and Enhancement [1330 - 1338] ( Chapter 7 added by Stats. 1993, Ch. 1221, Sec. 1. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 7. California Mexican American Veterans’ Memorial Beautification and Enhancement [1330 - 1338] ( Chapter 7 added by Stats. 1993, Ch. 1221, Sec. 1. ) ## 1336. The design of the enhanced memorial shall be as politically neutral as possible. (Added by Stats. 1993, Ch. 1221, Sec. 1. Effective January 1, 1994. Repealed on date prescribed in Section 1338.)
  66. 1338.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 7. California Mexican American Veterans’ Memorial Beautification and Enhancement [1330 - 1338] ( Chapter 7 added by Stats. 1993, Ch. 1221, Sec. 1. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 7. California Mexican American Veterans’ Memorial Beautification and Enhancement [1330 - 1338] ( Chapter 7 added by Stats. 1993, Ch. 1221, Sec. 1. ) ## 1338. The committee shall notify the Governor and the Secretary of Veterans Affairs when beautification and enhancement of the memorial pursuant to this chapter is complete. This chapter shall remain in effect only until, and shall be repealed on, January 1 of the year following that notification, unless a later enacted statute, which is enacted before that date, deletes or extends that date. (Amended by Stats. 2007, Ch. 558, Sec. 7. Effective January 1, 2008. Repealed on date prescribed by its own provisions. Note: Repeal affects Chapter 7, commencing with Section 1330.)
  67. 1340.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 8. California Mexican American Veterans’ Memorial Beautification and Enhancement Account [1340 - 1341] ( Chapter 8 added by Stats. 1993, Ch. 1221, Sec. 2. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 8. California Mexican American Veterans’ Memorial Beautification and Enhancement Account [1340 - 1341] ( Chapter 8 added by Stats. 1993, Ch. 1221, Sec. 2. ) ## 1340. The California Mexican American Veterans’ Memorial Beautification and Enhancement Account is hereby created in the General Fund. All funds received by the Department of Veterans Affairs under Chapter 7 (commencing with Section 1330) shall be deposited in the account for the design and construction of the California Mexican American Veterans’ Memorial as specified in Section 1341. (Amended by Stats. 2007, Ch. 558, Sec. 8. Effective January 1, 2008.)
  68. 1341.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 8. California Mexican American Veterans’ Memorial Beautification and Enhancement Account [1340 - 1341] ( Chapter 8 added by Stats. 1993, Ch. 1221, Sec. 2. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 8. California Mexican American Veterans’ Memorial Beautification and Enhancement Account [1340 - 1341] ( Chapter 8 added by Stats. 1993, Ch. 1221, Sec. 2. ) ## 1341. (a) Notwithstanding Section 13340 of the Government Code, all funds deposited in the California Mexican American Veterans’ Memorial Beautification and Enhancement Account established by Section 1340 are hereby continuously appropriated, without regard to fiscal year, to the Department of Veterans Affairs for the beautification and enhancement of an existing memorial and surrounding grounds at the State Capitol pursuant to Chapter 7 (commencing with Section 1330). (b) On July 1, 2016, any moneys remaining in the California Mexican American Veterans’ Memorial Beautification and Enhancement Account shall revert to the General Fund. (Amended by Stats. 2014, Ch. 22, Sec. 1. (SB 722) Effective June 4, 2014.)
  69. 1350.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 8.5. National World War II Veterans Memorial Trust Fund [1350- 1350.] ( Chapter 8.5 added by Stats. 2000, Ch. 577, Sec. 1. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 8.5. National World War II Veterans Memorial Trust Fund [1350- 1350.] ( Chapter 8.5 added by Stats. 2000, Ch. 577, Sec. 1. ) ## 1350. There is hereby established the National World War II Veterans Memorial Trust Fund to receive those moneys transferred in accordance with Section 18702 of the Revenue and Taxation Code. The moneys in the trust fund are hereby appropriated to the Controller for allocation to the American Battle Monuments Commission for the construction and maintenance of the World War II Memorial described in Section 1 of Chapter 864 of the Statutes of 1999. (Amended by Stats. 2004, Ch. 410, Sec. 1. Effective January 1, 2005.)
  70. 1360.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 8.6. Veterans Memorial Registry [1360 - 1361] ( Chapter 8.6 added by Stats. 2000, Ch. 392, Sec. 1. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 8.6. Veterans Memorial Registry [1360 - 1361] ( Chapter 8.6 added by Stats. 2000, Ch. 392, Sec. 1. ) ## 1360. The Department of Veterans Affairs shall establish a statewide Veterans Memorial Registry. The registry shall provide the location and condition of all known veterans memorials in California. The department may seek the assistance and cooperation of the Golden State Museum, State Archives, Secretary of State, Department of Information Technology, Department of Parks and Recreation, and other appropriate agencies, including agencies with expertise in historical sites. (Added by Stats. 2000, Ch. 392, Sec. 1. Effective January 1, 2001.)
  71. 1361.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 8.6. Veterans Memorial Registry [1360 - 1361] ( Chapter 8.6 added by Stats. 2000, Ch. 392, Sec. 1. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 8.6. Veterans Memorial Registry [1360 - 1361] ( Chapter 8.6 added by Stats. 2000, Ch. 392, Sec. 1. ) ## 1361. The Veterans Memorial Registry shall be made available on the web site of the Department of Veterans Affairs. The department shall provide the geographically referenced information in a readily accessible format that permits members of the public to submit information on memorials to the registry, which shall be updated on a regular basis. (Added by Stats. 2000, Ch. 392, Sec. 1. Effective January 1, 2001.)
  72. 1365.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 8.7. Veterans Appreciation Week [1365- 1365.] ( Chapter 8.7 added by Stats. 2004, Ch. 86, Sec. 1. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 8.7. Veterans Appreciation Week [1365- 1365.] ( Chapter 8.7 added by Stats. 2004, Ch. 86, Sec. 1. ) ## 1365. In recognition of the efforts and sacrifices of veterans of the United States Armed Forces, the second full week in November is hereby annually designated as Veterans Appreciation Week. (Added by Stats. 2004, Ch. 86, Sec. 1. Effective January 1, 2005.)
  73. 14.

    ## Military and Veterans Code - MVC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 389. ) ## 14. “Shall” is mandatory and “may” is permissive. (Enacted by Stats. 1935, Ch. 389.)
  74. 140.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Commander in Chief [140 - 148] ( Article 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Commander in Chief [140 - 148] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 140. The Governor of the State, by virtue of his office, is the Commander in Chief of the Militia of the State. (Enacted by Stats. 1935, Ch. 389.)
  75. 1400.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 9. Northern California Veterans Cemetery [1400 - 1403] ( Chapter 9 added by Stats. 1999, Ch. 604, Sec. 2. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 9. Northern California Veterans Cemetery [1400 - 1403] ( Chapter 9 added by Stats. 1999, Ch. 604, Sec. 2. ) ## 1400. (a) (1) The Department of Veterans Affairs, in voluntary cooperation with the Shasta County Board of Supervisors and the boards of supervisors of other participating northern California counties as specified in Section 1401, shall design, develop, and construct a state-owned and state-operated Northern California Veterans Cemetery which shall be located in northern California. (2) The department shall oversee and coordinate the design, development, and construction of the cemetery. (b) (1) Those eligible for interment in the cemetery are all honorably discharged veterans and their spouses and children. A fee of five hundred dollars ($500) shall be charged for each spouse or child interred in the cemetery. (2) For the purposes of this subdivision, the department shall adopt regulations to specify the eligibility requirements for interment in the cemetery. (3) All fees received pursuant to paragraph (1) shall be deposited in the Northern California Veterans Cemetery Perpetual Maintenance Fund created pursuant to Section 1401. (Added by Stats. 1999, Ch. 604, Sec. 2. Effective October 10, 1999.)
  76. 1401.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 9. Northern California Veterans Cemetery [1400 - 1403] ( Chapter 9 added by Stats. 1999, Ch. 604, Sec. 2. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 9. Northern California Veterans Cemetery [1400 - 1403] ( Chapter 9 added by Stats. 1999, Ch. 604, Sec. 2. ) ## 1401. (a) For the purposes of Section 1400, the Shasta County Board of Supervisors may join with other northern California counties including, but not limited to, the Counties of Colusa, Del Norte, Glenn, Humboldt, Lassen, Mendocino, Modoc, Plumas, Shasta, Sierra, Siskiyou, Tehama, and Trinity, to design, develop, and construct the cemetery. (b) All moneys received for the design, development, and construction of the cemetery shall be deposited in the Northern California Veterans Cemetery Master Development Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, money in the fund is continuously appropriated to the department for the purpose of designing, developing, constructing, and equipping the cemetery. Moneys appropriated by the Legislature for these purposes shall also be deposited in the fund. (c) (1) All moneys received for the maintenance of the cemetery, including moneys received pursuant to subdivision (b) of Section 1400, shall be deposited in the Northern California Veterans Cemetery Perpetual Maintenance Fund, which is hereby created in the State Treasury. Any state funding for the annual maintenance of the cemetery shall be appropriated by the Legislature in the annual Budget Act. (2) It is estimated that, after the construction of the cemetery, four hundred fifty thousand dollars ($450,000) should be appropriated annually by the state or the participating northern California counties, or both, to the department for the operating costs of the cemetery. (3) Total expenditures for operations and maintenance should not be more than six hundred thousand dollars ($600,000) per fiscal year, as appropriated in the annual Budget Act. (Amended by Stats. 2005, Ch. 74, Sec. 56. Effective July 19, 2005.)
  77. 1402.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 9. Northern California Veterans Cemetery [1400 - 1403] ( Chapter 9 added by Stats. 1999, Ch. 604, Sec. 2. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 9. Northern California Veterans Cemetery [1400 - 1403] ( Chapter 9 added by Stats. 1999, Ch. 604, Sec. 2. ) ## 1402. (a) Proposals for the construction, placement, or donation of monuments and memorials to the cemetery shall be subject to review by an advisory committee comprised of the cemetery administrator, representatives from the County of Shasta, local veterans’ service organizations, and others as approved by the director. (b) All proposals for the construction, placement, or donation of monuments and memorials to the cemetery shall be subject to the approval of the director. (c) The department shall adopt regulations for the policies and procedures to be followed with respect to the design, placement, and approval of monuments and memorials proposed to be placed on the cemetery grounds. (Added by Stats. 2005, Ch. 74, Sec. 57. Effective July 19, 2005.)
  78. 1403.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 9. Northern California Veterans Cemetery [1400 - 1403] ( Chapter 9 added by Stats. 1999, Ch. 604, Sec. 2. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 9. Northern California Veterans Cemetery [1400 - 1403] ( Chapter 9 added by Stats. 1999, Ch. 604, Sec. 2. ) ## 1403. (a) Notwithstanding Section 11005 of the Government Code, the cemetery administrator, subject to the approval of the director, may accept donations of personal property, including cash or other gifts, to be used for the maintenance or beautification of the cemetery. (b) Cash donations shall be deposited into the Northern California Veterans Cemetery Perpetual Maintenance Fund and shall be expended for the maintenance and repair of the facility or, subject to the approval of the director, for a specified cemetery maintenance or beautification project designated by the donor. (c) Notwithstanding Section 13340 of the Government Code, donations deposited to the credit of the Northern California Veterans Cemetery Perpetual Maintenance Fund as authorized by this section shall be continuously appropriated to the department, without regard to fiscal year. (Added by Stats. 2005, Ch. 74, Sec. 58. Effective July 19, 2005.)
  79. 141.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Commander in Chief [140 - 148] ( Article 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Commander in Chief [140 - 148] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 141. The staff of the Governor consists of The Adjutant General and such aides as the Governor designates from the personnel of the National Guard and Naval Militia to serve during his incumbency. Such staff may also include the following personal aides-de-camp: five aides-de-camp who may be appointed by the Governor and who shall have the rank of lieutenant colonel, and one naval aide with the rank of commander. Such appointments by the Governor shall operate as a commission of such aides-de-camp. (Enacted by Stats. 1935, Ch. 389.)
  80. 141.5.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Commander in Chief [140 - 148] ( Article 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Commander in Chief [140 - 148] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 141.5. The state active duty force consists of service members in active state military service when ordered by the Governor in accordance with this code. (Added by Stats. 2012, Ch. 355, Sec. 2. (SB 807) Effective January 1, 2013.)
  81. 1410.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 9.5. Southern California Veterans Cemetery [1410 - 1418] ( Chapter 9.5 added by Stats. 2014, Ch. 646, Sec. 1. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 9.5. Southern California Veterans Cemetery [1410 - 1418] ( Chapter 9.5 added by Stats. 2014, Ch. 646, Sec. 1. ) ## 1410. (a) (1) Pursuant to Section 1412, the department, in voluntary cooperation with local government entities in the County of Orange, shall first study and then acquire, design, develop, construct, and equip a state-owned and state-operated Southern California Veterans Cemetery, which shall be located in the County of Orange. To qualify for this paragraph, a site shall have been studied by the department and the Department of General Services. (2) The department shall conduct an acquisition study, in consultation with the Department of General Services, to assess the feasibility and costs of construction of the Southern California Veterans Cemetery. (3) The department shall oversee and coordinate the study and subsequent acquisition, design, development, and construction of the cemetery. (4) For purposes of this chapter, “department” means the Department of Veterans Affairs. (b) (1) Subject to the eligibility requirements described in Section 2402 of Title 38 of the United States Code, as it may be amended, honorably discharged veterans and their spouses and eligible dependent children are eligible for interment in the cemetery. The department shall establish a fee to be charged for interment of veteran spouses and eligible dependent children. The amount of the fee shall not exceed the reasonable costs to the department for interment in the cemetery. (2) Subject to Section 1418, for the purposes of this subdivision, the department shall adopt regulations to specify the eligibility requirements for interment in the cemetery. (3) All fees received pursuant to paragraph (1) shall be deposited in the Southern California Veterans Cemetery Perpetual Maintenance Fund created pursuant to Section 1412. (Amended by Stats. 2022, Ch. 579, Sec. 2. (AB 1595) Effective September 27, 2022.)
  82. 1412.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 9.5. Southern California Veterans Cemetery [1410 - 1418] ( Chapter 9.5 added by Stats. 2014, Ch. 646, Sec. 1. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 9.5. Southern California Veterans Cemetery [1410 - 1418] ( Chapter 9.5 added by Stats. 2014, Ch. 646, Sec. 1. ) ## 1412. (a) For the purposes of Section 1410, all local government entities in the County of Orange may join together for the purpose of cooperating with the department in the design, development, construction, and equipment of the cemetery. (b) (1) All moneys received for the study and subsequent acquisition, design, development, construction, and equipment of the cemetery shall be deposited in the Southern California Veterans Cemetery Master Development Fund, which is hereby created in the State Treasury. Expenditure of those moneys shall be subject to appropriation by the Legislature in the annual Budget Act. Moneys appropriated by the Legislature for these purposes shall also be deposited in the fund. (2) There is hereby created in the State Treasury the Southern California Veterans Cemetery Study Donation Fund. Notwithstanding paragraph (1), any local governmental entity or private organization in the County of Orange may donate moneys to the fund for the purpose of funding a study as described in paragraph (3). Moneys in the fund are continuously appropriated to the department for studies consistent with paragraph (3). (3) (A) Upon receipt of sufficient moneys to complete a study, the department may study the feasibility of a site formally proposed by a local government in the County of Orange for the purpose of establishing a Southern California Veterans Cemetery, as described in subdivision (a) of Section 1410. (B) Upon completion of the study, any excess funds shall be returned to the donor if requested or used to reimburse the state for expenditures made by the state for the purposes described in subdivision (a) of Section 1410. (C) Any study conducted pursuant to this paragraph shall include, but not be limited to, an analysis of cost, legal, logistical, environmental, and fire hazard factors in the evaluation of the site, and an analysis of whether the proposed site meets the basic federal requirements for a federally recognized veterans cemetery. (c) (1) Except as otherwise provided in Section 1416, all moneys received for the operation and maintenance of the cemetery, including moneys received pursuant to subdivision (b) of Section 1410, shall be deposited in the Southern California Veterans Cemetery Perpetual Maintenance Fund, which is hereby created in the State Treasury. Expenditure of those moneys shall be subject to appropriation by the Legislature in the annual Budget Act. (2) It is the intent of the Legislature to appropriate funds in the annual Budget Act to fund annual cemetery operations and maintenance and to enact any additional legislation that may be necessary to set dollar limits on funding for those operations and that maintenance. (Amended by Stats. 2022, Ch. 579, Sec. 3. (AB 1595) Effective September 27, 2022.)
  83. 1414.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 9.5. Southern California Veterans Cemetery [1410 - 1418] ( Chapter 9.5 added by Stats. 2014, Ch. 646, Sec. 1. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 9.5. Southern California Veterans Cemetery [1410 - 1418] ( Chapter 9.5 added by Stats. 2014, Ch. 646, Sec. 1. ) ## 1414. (a) Proposals for the construction, placement, or donation of monuments and memorials to the cemetery shall be subject to review by an advisory committee comprised of the cemetery administrator, representatives from local government entities within Orange County, local veterans’ service organizations, and others as approved by the secretary. (b) All proposals for the construction, placement, or donation of monuments and memorials to the cemetery shall be subject to the final approval of the secretary. (c) Subject to Section 1418, the department shall adopt regulations for the policies and procedures to be followed with respect to the construction, placement, donation, and approval of monuments and memorials proposed to be placed on the cemetery grounds. (Added by Stats. 2014, Ch. 646, Sec. 1. (AB 1453) Effective January 1, 2015.)
  84. 1416.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 9.5. Southern California Veterans Cemetery [1410 - 1418] ( Chapter 9.5 added by Stats. 2014, Ch. 646, Sec. 1. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 9.5. Southern California Veterans Cemetery [1410 - 1418] ( Chapter 9.5 added by Stats. 2014, Ch. 646, Sec. 1. ) ## 1416. (a) Notwithstanding Section 11005 of the Government Code, the cemetery administrator, subject to the approval of the secretary, may accept donations of personal property, including cash or other gifts, to be used for the preliminary or conceptual design, construction, maintenance, beautification, and repair of the cemetery, or to reimburse the state for expenditures made by the state for these purposes. (b) Cash donations made pursuant to subdivision (a) shall be deposited into the Southern California Veterans Cemetery Donations Fund, which is hereby created. (1) Except as provided in paragraph (2) and notwithstanding Section 13340 of the Government Code, moneys in the fund are continuously appropriated to the department for the maintenance, beautification, and repair of the cemetery or, subject to the approval of the secretary, for a specified cemetery maintenance or beautification project designated by the donor. (2) Moneys deposited into the fund for the purpose of preliminary or conceptual design or for construction of the cemetery, or to reimburse the state for expenditures made by the state for the purposes described in subdivision (a), shall be made available only upon appropriation by the Legislature. (Amended by Stats. 2017, Ch. 28, Sec. 89. (SB 96) Effective June 27, 2017.)
  85. 1418.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 9.5. Southern California Veterans Cemetery [1410 - 1418] ( Chapter 9.5 added by Stats. 2014, Ch. 646, Sec. 1. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 9.5. Southern California Veterans Cemetery [1410 - 1418] ( Chapter 9.5 added by Stats. 2014, Ch. 646, Sec. 1. ) ## 1418. For purposes of carrying out the provisions of this chapter, the department may adopt regulations. All regulations adopted pursuant to this chapter shall be adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Added by Stats. 2014, Ch. 646, Sec. 1. (AB 1453) Effective January 1, 2015.)
  86. 142.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Commander in Chief [140 - 148] ( Article 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Commander in Chief [140 - 148] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 142. (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. (Amended by Stats. 2020, Ch. 97, Sec. 16. (AB 2193) Effective January 1, 2021.)
  87. 143.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Commander in Chief [140 - 148] ( Article 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Commander in Chief [140 - 148] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 143. Whenever the Governor is satisfied that rebellion, insurrection, tumult, or riot exists in any part of the state, that the execution of civil or criminal process has been forcibly resisted by bodies of persons, that any conspiracy or combination exists to resist by force the execution of process, or that the officers of any county or city are unable or have failed for any reason to enforce the laws, the Governor may, by proclamation, declare any part of the State of California or the county or city or any portion thereof to be in a state of insurrection, and may thereupon order into the service of the state any number and description of the active militia, or unorganized militia, as deemed necessary, to serve for a term and under the command of any officer as the Governor directs. (Amended by Stats. 2024, Ch. 129, Sec. 9. (SB 1097) Effective January 1, 2025.)
  88. 144.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Commander in Chief [140 - 148] ( Article 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Commander in Chief [140 - 148] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 144. The Governor may at any time revoke a proclamation of insurrection or declare that it shall terminate at a time or in the manner that the Governor directs. (Amended by Stats. 2024, Ch. 129, Sec. 10. (SB 1097) Effective January 1, 2025.)
  89. 145.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Commander in Chief [140 - 148] ( Article 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Commander in Chief [140 - 148] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 145. A person who, after publication of the proclamation authorized by Section 143, joins, participates or takes any part in a rebellion, insurrection, tumult or riot, or who is party to any conspiracy or combination to resist by force the execution of the laws or who resists or aids in resisting the execution of process in any county or city declared to be in a state of insurrection, or who aids or attempts the rescue or escape of another from lawful custody or confinement, or who resists or aids in resisting any force ordered out by the Governor to quell or suppress an insurrection, is punishable by a fine of not less than one thousand dollars ($1,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years, or in a county jail for not more than one year, or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 224. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  90. 1450.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 10. Central Coast Veterans Cemetery [1450 - 1457] ( Chapter 10 added by Stats. 2000, Ch. 771, Sec. 1. )

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

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 10. Central Coast Veterans Cemetery [1450 - 1457] ( Chapter 10 added by Stats. 2000, Ch. 771, Sec. 1. ) ## 1450. For purposes of this chapter, the following definitions apply: (a) “Department” means the Department of Veterans Affairs. (b) “Endowment Fund” means the California Central Coast State Veterans Cemetery at Fort Ord Endowment Fund. (c) “Nonreimbursable costs of design and construction” means the costs of planning, design, and construction of the California Central Coast State Veterans Cemetery at Fort Ord that are not reimbursable from the moneys received from the State Veterans Cemetery Grant Program as allowable costs as established by the United States Department of Veterans Affairs State Veterans Cemetery Grant Program. (d) “Operations and maintenance costs” means costs incurred by the department for the operations and maintenance of the veterans cemetery including, but not limited to, personnel costs, the opening and closing of graves, the interment of remains, committal service coordination, grounds keeping, landscaping, general maintenance, and janitorial services. (e) “Operations Fund” means the California Central Coast State Veterans Cemetery at Fort Ord Operations Fund. (f) “Phases” means the usual phases of a capital outlay project, and includes studies, preliminary plans, working drawings, including documents necessary to put the construction phase out to bid, and construction. (g) “Veterans cemetery” means the California Central Coast State Veterans Cemetery at Fort Ord. (Amended by Stats. 2013, Ch. 694, Sec. 1. (SB 232) Effective October 10, 2013.)
  91. 1450.1.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 10. Central Coast Veterans Cemetery [1450 - 1457] ( Chapter 10 added by Stats. 2000, Ch. 771, Sec. 1. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 10. Central Coast Veterans Cemetery [1450 - 1457] ( Chapter 10 added by Stats. 2000, Ch. 771, Sec. 1. ) ## 1450.1. (a) Pursuant to this chapter, the department, in voluntary cooperation with the Board of Supervisors of the County of Monterey, the City of Seaside, the Fort Ord Reuse Authority, and surrounding counties, cities, and local agencies, shall design, develop, and construct the state-owned and state-operated veterans cemetery, which shall be located on the site of the former Fort Ord. (b) The department shall oversee and coordinate the design, development, construction, and equipping of the veterans cemetery. (c) It is the intent of the Legislature that the design of the veterans cemetery closely follows the concepts published in the California Central Coast Veterans Cemetery Fort Ord Development Master Plan as prepared for the Monterey County Redevelopment Agency. (d) Notwithstanding Section 10107 of the Public Contract Code, and as authorized by Section 67679 of the Government Code, in fulfilling the requirements of subdivision (a), the department may enter into an agreement with the Fort Ord Reuse Authority for the project under subdivision (a) to be under the sole charge and direct control of the veterans cemetery public works project. (Amended by Stats. 2011, Ch. 267, Sec. 1. (AB 629) Effective January 1, 2012.)
  92. 1450.2.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 10. Central Coast Veterans Cemetery [1450 - 1457] ( Chapter 10 added by Stats. 2000, Ch. 771, Sec. 1. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 10. Central Coast Veterans Cemetery [1450 - 1457] ( Chapter 10 added by Stats. 2000, Ch. 771, Sec. 1. ) ## 1450.2. (a) The Secretary of the California Department of Veterans Affairs shall establish the California Central Coast Veterans Cemetery Advisory Committee that consists of the following persons appointed by the secretary: (1) One representative from the County of Monterey, nominated by the Board of Supervisors of the County of Monterey. (2) One representative from the City of Seaside, nominated by the City Council of the City of Seaside. (3) Three representatives from local veterans’ service organizations, appointed by the secretary. (4) At least two members from the department. (b) In recognition of the fact that the Endowment Fund will be made up largely of private and local funds, the department shall seek the advice of the Advisory Committee when considering significant changes in the design of the veterans cemetery. (Amended by Stats. 2022, Ch. 130, Sec. 1. (AB 2963) Effective January 1, 2023.)
  93. 1451.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 10. Central Coast Veterans Cemetery [1450 - 1457] ( Chapter 10 added by Stats. 2000, Ch. 771, Sec. 1. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 10. Central Coast Veterans Cemetery [1450 - 1457] ( Chapter 10 added by Stats. 2000, Ch. 771, Sec. 1. ) ## 1451. (a) The California Central Coast State Veterans Cemetery at Fort Ord Endowment Fund is hereby created in the State Treasury. Moneys in the Endowment Fund shall be allocated, upon appropriation by the Legislature, to the department for the nonreimbursable costs of design and construction and the annual operations and maintenance costs of the veterans cemetery for the next 10 years. (b) Moneys in the fund may be invested to generate earnings to offset annual operations and maintenance costs associated with the veterans cemetery. (c) (1) The Endowment Fund may consist of donations from public and private entities, partnerships between public and private entities, fees, cash advances, and transfers from the state General Fund as may be specified by law. (2) The department may enter into any financial agreement to receive cash advances in the Endowment Fund, provided that the agreement does not require the state to repay or make payments on cash advances and the agreement is reviewed and approved by the Department of Finance. (d) To the extent possible, donations made in-kind to the Endowment Fund shall be monetized so as to offset the ongoing operations and maintenance costs under Sections 1452 and 1453. (e) Earnings generated by the Endowment Fund shall be retained by the fund. (f) Moneys deposited in the Endowment Fund are exempt from the requirements of Article 2 (commencing with Section 11270) of Chapter 3 of Part 1 of Division 3 of the Government Code. (g) Moneys in the Endowment Fund shall be invested by the Treasurer, after consultation with the department, in a manner that best meets the goals of the fund. (h) If, through changes in state or federal law, additional revenues are identified for the operations and maintenance of the cemetery, including increases in federal burial allowances, so that the amount of annual revenue exceeds the annual operations and maintenance costs, the excess revenues shall be deposited in the Endowment Fund. (Amended by Stats. 2018, Ch. 92, Sec. 163. (SB 1289) Effective January 1, 2019.)
  94. 1453.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 10. Central Coast Veterans Cemetery [1450 - 1457] ( Chapter 10 added by Stats. 2000, Ch. 771, Sec. 1. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 10. Central Coast Veterans Cemetery [1450 - 1457] ( Chapter 10 added by Stats. 2000, Ch. 771, Sec. 1. ) ## 1453. (a) (1) The Controller, upon appropriation by the Legislature, shall transfer moneys from the Endowment Fund to the Operations Fund in an amount equal to the estimated costs of developing and submitting a State Veterans Cemetery Grant Program application to the United States Department of Veterans Affairs. (2) The Controller, upon appropriation by the Legislature, shall transfer funds from the Endowment Fund to the Operations Fund in an amount at least equal to the estimated costs to complete preliminary plans and working drawings. Transfers shall be made only when sufficient funds, as determined by the Director of Finance, exist to fully accomplish each of these project phases. (b) (1) The Secretary of Veterans Affairs is authorized to act as the official representative of the state in connection with the State Veterans Cemetery Grant Program application, including providing the United States Department of Veterans Affairs throughout the application process with all necessary assurances that additional information shall be provided when required. The Secretary of Veterans Affairs shall have final approval of all aspects of the cemetery design and operation. (2) Upon transfer of funds pursuant to paragraphs (1) and (2) of subdivision (a), the department is authorized to proceed with all activities necessary to support the submission of the State Veterans Cemetery Grant Program application. (3) Upon the United States Department of Veterans Affairs’ certification of the grant award, the department is authorized to proceed with construction and equipping of the veterans cemetery. (Amended by Stats. 2022, Ch. 135, Sec. 2. (SB 949) Effective January 1, 2023.)
  95. 1454.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 10. Central Coast Veterans Cemetery [1450 - 1457] ( Chapter 10 added by Stats. 2000, Ch. 771, Sec. 1. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 10. Central Coast Veterans Cemetery [1450 - 1457] ( Chapter 10 added by Stats. 2000, Ch. 771, Sec. 1. ) ## 1454. (a) The Central Coast Veterans Cemetery Master Development Fund is hereby renamed the California Central Coast State Veterans Cemetery at Fort Ord Operations Fund. Moneys in the Operations Fund may be transferred, upon appropriation by the Legislature, from the Endowment Fund to the Operations Fund for expenditure by the department, solely for the annual operations and maintenance costs of the veterans cemetery. (b) (1) The Controller shall reserve an amount, not to exceed 20 percent of the amount allocated pursuant to subdivision (a), in the Operations Fund, which shall be used solely as a reserve for unforeseen operations and maintenance costs. (2) For purposes of this subdivision, “unforeseen operations and maintenance costs” means any costs that could not have been reasonably anticipated by the department when preparing its estimate of annual operations and maintenance costs and that are needed to carry out the purposes of this chapter. (Amended by Stats. 2013, Ch. 694, Sec. 5. (SB 232) Effective October 10, 2013.)
  96. 1455.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 10. Central Coast Veterans Cemetery [1450 - 1457] ( Chapter 10 added by Stats. 2000, Ch. 771, Sec. 1. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 10. Central Coast Veterans Cemetery [1450 - 1457] ( Chapter 10 added by Stats. 2000, Ch. 771, Sec. 1. ) ## 1455. (a) Subsequent to the department’s submission of the State Veterans Cemetery Grant Program application, pursuant to Section 1453, the department shall adopt regulations to specify the eligibility requirements for interment, the appropriate fees to be charged for interment or burial of spouses and dependent children of honorably discharged veterans, and appropriate fees for the disinterment of remains. (b) Those eligible for interment are all honorably discharged veterans and their spouses and dependent children. (c) All fees received pursuant to subdivision (a) shall be deposited in the Endowment Fund created pursuant to Section 1451. (d) Regulations adopted pursuant to this section shall also be applicable to all state-operated veterans cemeteries in order to ensure consistent and equitable treatment of all veterans and their families throughout the state. (Amended by Stats. 2010, Ch. 450, Sec. 7. (AB 1757) Effective January 1, 2011.)
  97. 1456.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 10. Central Coast Veterans Cemetery [1450 - 1457] ( Chapter 10 added by Stats. 2000, Ch. 771, Sec. 1. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 10. Central Coast Veterans Cemetery [1450 - 1457] ( Chapter 10 added by Stats. 2000, Ch. 771, Sec. 1. ) ## 1456. (a) Proposals for the construction, placement, or donation of monuments or memorials, excluding headstones, and other amenities to the veterans cemetery shall be subject to review by the California Central Coast Veterans Cemetery Advisory Committee. (b) All proposals for the construction, placement, or donation of monuments, memorials, and amenities to the veterans cemetery shall be subject to the approval of the Secretary of Veterans Affairs. (c) The department shall adopt regulations for the policies and procedures to be followed with respect to the design, placement, and approval of monuments and memorials proposed to be placed on veterans cemetery grounds. (d) Endowment Fund balances exceeding that determined to be sufficient to meet annual operations and maintenance costs, as determined pursuant to Section 1453, may be expended, upon appropriation by the Legislature, for the purpose of establishing monuments, memorials, and amenities. (Amended by Stats. 2013, Ch. 694, Sec. 6. (SB 232) Effective October 10, 2013.)
  98. 1457.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 10. Central Coast Veterans Cemetery [1450 - 1457] ( Chapter 10 added by Stats. 2000, Ch. 771, Sec. 1. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 10. Central Coast Veterans Cemetery [1450 - 1457] ( Chapter 10 added by Stats. 2000, Ch. 771, Sec. 1. ) ## 1457. (a) Notwithstanding Section 11005 of the Government Code, the veterans cemetery administrator may, subject to the approval of the Secretary of Veterans Affairs, accept donations of personal property, including cash or other gifts, to be used for the maintenance or beautification of the veterans cemetery. (b) Donations in the form of cash shall be deposited in the Endowment Fund and shall be expended for the maintenance and repair of the veterans cemetery or for a specified veterans cemetery maintenance or beautification project designated by the donor, upon appropriation by the Legislature. (Amended by Stats. 2010, Ch. 450, Sec. 9. (AB 1757) Effective January 1, 2011.)
  99. 146.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Commander in Chief [140 - 148] ( Article 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Commander in Chief [140 - 148] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 146. The Governor may call into active service any portion of the active militia as may be necessary, and if the number available be insufficient, the Governor may call into active service any portion of the unorganized militia as may be necessary, in any of the following events: (a) In case of war, insurrection, rebellion, invasion, tumult, riot, breach of the peace, public calamity or catastrophe, including, but not limited to, catastrophic fires, or other emergency, or imminent danger thereof, or resistance to the laws of this state or the United States. (b) Upon call or requisition of the President of the United States. (c) Upon call of any United States marshal in California, or upon call of any officer of the United States Army commanding an army, army area, or military administrative or tactical command, including generally the State of California, or upon call of any officer of the United States Air Force commanding an air force, air defense force, air defense command, or air command, including generally the State of California. (d) Upon call of the chief executive officer of any city or city and county, or of any justice of the Supreme Court, or of any judge of the superior court, or of any sheriff, setting forth that there is an unlawful or riotous assembly with intent to commit a felony, or to offer violence to person or property, or to resist the laws of the State of California or the United States or that there has occurred a public calamity or catastrophe requiring aid to the civil authorities. (e) Upon call of the sheriff setting forth that the civil power of the county is not sufficient to enable the sheriff to execute process delivered to them. (Amended by Stats. 2024, Ch. 129, Sec. 11. (SB 1097) Effective January 1, 2025.)
  100. 147.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Commander in Chief [140 - 148] ( Article 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Commander in Chief [140 - 148] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 147. In case of insurrection, invasion, war, rebellion, tumult, riot, breach of the peace, public calamity or catastrophe, or imminent danger thereof, or in the event of emergency in which all or any part of the militia is actively engaged in service upon order of the Governor, the Governor may suspend any and all provisions of this division or other laws of the State which require advertisement for bids for purchases of supplies or employment of services. (Amended by Stats. 1947, Ch. 155.)
  101. 148.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Commander in Chief [140 - 148] ( Article 2 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Commander in Chief [140 - 148] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 148. The Governor shall direct the Adjutant General to make rules and regulations in conformity with this code which shall conform as nearly as practicable to those governing the United States Army, United States Air Force, and United States Navy. The rules and regulations shall have the same force and effect as the provisions of this code. A finding by the Governor that it is impracticable to conform rules and regulations to those governing the United States Army, United States Air Force, or United States Navy shall be conclusive and the rules and regulations shall have force and effect over inconsistent rules, regulations, directives, manuals, or practices governing any of the Armed Forces of the United States. (Amended by Stats. 2012, Ch. 355, Sec. 4. (SB 807) Effective January 1, 2013.)
  102. 1480.

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 10.5. State Veterans Cemeteries Fee Waiver [1480- 1480.] ( Chapter 10.5 added by Stats. 2009, Ch. 589, Sec. 1. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES [1170 - 1480] ( Heading of Division 6 amended by Stats. 1999, Ch. 604, Sec. 1. ) ## CHAPTER 10.5. State Veterans Cemeteries Fee Waiver [1480- 1480.] ( Chapter 10.5 added by Stats. 2009, Ch. 589, Sec. 1. ) ## 1480. (a) Notwithstanding any other law, the fee for the interment of the spouses or children of eligible veterans in a cemetery operated under this division may be waived if the cemetery administrator determines that the families of the spouses or children do not have sufficient means to pay for the costs of interment. (b) Any costs for the interment of the spouses or children of eligible veterans who received a waiver pursuant to subdivision (a) shall be paid from nonstate funds. (c) The cemetery administrator shall seek reimbursements, if any are available, from federal, county, and other local agencies to offset any fees lost as a result of the waiver authorized pursuant to subdivision (a). (d) The cemetery administrator may solicit private donations to offset any fees lost as a result of the waiver authorized pursuant to subdivision (a). (Added by Stats. 2009, Ch. 589, Sec. 1. (SB 469) Effective January 1, 2010.)
  103. 15.

    ## Military and Veterans Code - MVC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    For this code section, “oath” includes affirmation.

    ## Military and Veterans Code - MVC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 389. ) ## 15. “Oath” includes affirmation. (Enacted by Stats. 1935, Ch. 389.)
  104. 16.

    ## Military and Veterans Code - MVC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 389. )

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

    ## Military and Veterans Code - MVC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 389. ) ## 16. An oath authorized or required by Division 2 of this code or the regulations issued thereunder or the statutes or regulations governing the United States Army or United States Navy or United States Air Force or the National Guard or the Air National Guard or active militia may be taken before the following persons who are authorized to administer the same within and without the State, namely: all officers and persons authorized to administer oaths by the 136th Article of the Uniform Code of Military Justice adopted by Section 102 as part of this code, the Adjutant General, the Assistant Adjutant General, the administrative officer in the Office of the Adjutant General, officers of the National Guard when such oath is authorized or required in a matter pertaining to the National Guard, and officers of the Naval Militia when such oath is authorized or required in a matter pertaining to the Naval Militia, except officers of both land and naval forces on the reserve and retired list while unassigned to duty, or by any other officer authorized to administer oaths under the laws of this State. No charge shall be made for the same. In other cases where an oath is required by this code, the same may be administered by persons authorized to do so by law. (Amended by Stats. 1953, Ch. 193.)
  105. 160.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 160. The Adjutant General is chief of staff to the Governor, subordinate only to the Governor and is the commander of all state military forces. (Amended by Stats. 1994, Ch. 114, Sec. 5. Effective January 1, 1995.)
  106. 160.5.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 160.5. Any statute of this state referring to the Commanding General of the State Military Forces is deemed to refer to the Adjutant General. (Amended by Stats. 1983, Ch. 517, Sec. 4.)
  107. 161.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 161. Within the Military Department, the office of the Adjutant General consists of one officer of the rank of lieutenant general who is the Adjutant General, one officer of the rank of major general who is the Deputy Adjutant General, one officer who may be of the rank of brigadier general who is the Assistant Adjutant General, Army, one officer who may be of the rank of brigadier general who is the Assistant Adjutant General, Air, one officer who may be of the rank of brigadier general who is the Chief of Staff and Director of the Joint Staff, and other officers as are prescribed by the laws or regulations of the United States. No person is eligible for appointment as the Deputy Adjutant General unless the person has not less than a total of five years of commissioned service in the National Guard of the United States, of which at least three years shall be service as a field grade officer in the California National Guard within the preceding 10-year period prior to the date of appointment and of which at least three years shall have been in command of army or air troops at the battalion or equivalent or higher command level or three years as a staff officer at brigade or equivalent or higher staff level. The Deputy Adjutant General is subordinate only to the Governor and the Adjutant General and shall have their duties assigned by the Adjutant General. (Amended by Stats. 2024, Ch. 41, Sec. 56. (SB 164) Effective June 29, 2024.)
  108. 162.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 162. The Governor, as Commander in Chief, shall appoint the Adjutant General, who shall be on state active duty, in the grade of lieutenant general, with the advice and consent of the Senate, and that person shall hold office at the pleasure of the Governor, or until their successor is appointed and has qualified. A person is not eligible for appointment as Adjutant General unless they have no less than a total of 10 years of commissioned service in the National Guard of the United States, of which at least four years shall be service as a field grade officer in the California National Guard within the preceding 10-year period prior to the date of appointment and of which at least four years shall have been in command of army or air troops at the battalion or equivalent or higher command level or four years as a staff officer at brigade or equivalent or higher staff level. (Amended by Stats. 2024, Ch. 129, Sec. 13. (SB 1097) Effective January 1, 2025.)
  109. 163.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 163. The Adjutant General shall perform such duties as are prescribed in this code and such additional duties consistent with the regulations and customs of the United States Army, United States Air Force, and the United States Navy as may be prescribed by the Governor. He shall issue all orders in the name of the Governor. (Amended by Stats. 1949, Ch. 466.)
  110. 163.1.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 163.1. All records of any special proceedings of any board of inquiry convened by the commanding general of the state military forces to investigate the causes of any accidents involving National Guard aircraft, the purpose of which investigation is prevention of future accidents, shall not be admissible for any purpose in evidence in any court of this state. Whenever any such accident involves property damage or personal injury, a collateral investigation shall be conducted to ascertain the causes of such accidents and the records of any collateral investigations shall be discoverable under the appropriate sections of the Code of Civil Procedure. (Added by Stats. 1969, Ch. 1267.)
  111. 1630.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 1. General Provisions and Definitions [1630 - 1640] ( Article 1 added by Stats. 1953, Ch. 68. )

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

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 1. General Provisions and Definitions [1630 - 1640] ( Article 1 added by Stats. 1953, Ch. 68. ) ## 1630. This chapter may be cited as the Sabotage Prevention Act of 1950. (Added by Stats. 1953, Ch. 68.)
  112. 1631.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 1. General Provisions and Definitions [1630 - 1640] ( Article 1 added by Stats. 1953, Ch. 68. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 1. General Provisions and Definitions [1630 - 1640] ( Article 1 added by Stats. 1953, Ch. 68. ) ## 1631. Unless the context otherwise requires, the definitions and general provisions set forth in this article govern the construction of this chapter. (Added by Stats. 1953, Ch. 68.)
  113. 1632.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 1. General Provisions and Definitions [1630 - 1640] ( Article 1 added by Stats. 1953, Ch. 68. )

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

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 1. General Provisions and Definitions [1630 - 1640] ( Article 1 added by Stats. 1953, Ch. 68. ) ## 1632. “Highway” includes any private or public street, way, or other place used for travel to or from property. (Added by Stats. 1953, Ch. 68.)
  114. 1633.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 1. General Provisions and Definitions [1630 - 1640] ( Article 1 added by Stats. 1953, Ch. 68. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 1. General Provisions and Definitions [1630 - 1640] ( Article 1 added by Stats. 1953, Ch. 68. ) ## 1633. “Highway commissioners” means any board or other body having authority to restrict or close any highway to public use and travel. (Added by Stats. 1953, Ch. 68.)
  115. 1634.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 1. General Provisions and Definitions [1630 - 1640] ( Article 1 added by Stats. 1953, Ch. 68. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 1. General Provisions and Definitions [1630 - 1640] ( Article 1 added by Stats. 1953, Ch. 68. ) ## 1634. “Public utility” includes any pipeline, gas, electric, heat, water, sewer, telephone, telegraph, radio, television, railway, railroad, airplane, transportation, communication, or other system, by whomsoever owned or operated for public use. (Added by Stats. 1953, Ch. 68.)
  116. 1635.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 1. General Provisions and Definitions [1630 - 1640] ( Article 1 added by Stats. 1953, Ch. 68. )

    Verify source ↗

    This section defines “war” for this code section.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 1. General Provisions and Definitions [1630 - 1640] ( Article 1 added by Stats. 1953, Ch. 68. ) ## 1635. “War” means any of the following: (a) Whenever Congress has declared war, and peace has not been formally restored. (b) Whenever the United States is engaged in active military operations against any foreign power, whether or not war has been formally declared. (c) Whenever the United States is assisting the United Nations, in actions involving the use of armed force, to restore international peace and security. (Added by Stats. 1953, Ch. 68.)
  117. 1636.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 1. General Provisions and Definitions [1630 - 1640] ( Article 1 added by Stats. 1953, Ch. 68. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 1. General Provisions and Definitions [1630 - 1640] ( Article 1 added by Stats. 1953, Ch. 68. ) ## 1636. “Defense preparation” means any of the following: (a) The manufacture, transportation, or storage of any product to be used in the preparation of the United States or any of the states for defense or for war or in the prosecution of war by the United States or in the rendering of assistance by the United States to any other nation in connection with that nation’s defense. (b) The manufacture, transportation, distribution, or storage of gas, oil, coal, electricty, or water. (c) The operation of any public utility. (Added by Stats. 1953, Ch. 68.)
  118. 1637.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 1. General Provisions and Definitions [1630 - 1640] ( Article 1 added by Stats. 1953, Ch. 68. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 1. General Provisions and Definitions [1630 - 1640] ( Article 1 added by Stats. 1953, Ch. 68. ) ## 1637. If conduct prohibited by this chapter is also made unlawful by another law, the offender may be convicted for the violation of this chapter or of the other law. (Added by Stats. 1953, Ch. 68.)
  119. 1639.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 1. General Provisions and Definitions [1630 - 1640] ( Article 1 added by Stats. 1953, Ch. 68. )

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

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 1. General Provisions and Definitions [1630 - 1640] ( Article 1 added by Stats. 1953, Ch. 68. ) ## 1639. This chapter shall not be construed: (a) To impair, curtail, or destroy the right of employees and their representatives to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection. (b) To impair, curtail, or destroy the rights of employees, former employees, and their representatives to strike. (Added by Stats. 1953, Ch. 68.)
  120. 164.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 164. Subject to the approval of the Department of Finance, the Adjutant General shall appoint and fix the salaries of all clerical, expert, and technical assistants necessary for the proper conduct of his office. In general, the Office of the Adjutant General shall be organized according to general staff doctrine and procedure as set forth by the Department of the Army and the Department of the Air Force regulations where the same are not inconsistent with the laws of the State of California or this code. (Amended by Stats. 1949, Ch. 466.)
  121. 164.1.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 164.1. The Adjutant General shall receive the same pay and benefits pursuant to Section 320 as a lieutenant general in the Army of the United States and shall be paid in the same manner and at the same time as other service members on state active duty. (Amended by Stats. 2012, Ch. 355, Sec. 7. (SB 807) Effective January 1, 2013.)
  122. 1640.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 1. General Provisions and Definitions [1630 - 1640] ( Article 1 added by Stats. 1953, Ch. 68. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 1. General Provisions and Definitions [1630 - 1640] ( Article 1 added by Stats. 1953, Ch. 68. ) ## 1640. If any provision of this chapter or its application to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. (Added by Stats. 1953, Ch. 68.)
  123. 1650.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 2. Protection of Property Used for Defense Preparation [1650 - 1659] ( Article 2 added by Stats. 1953, Ch. 68. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 2. Protection of Property Used for Defense Preparation [1650 - 1659] ( Article 2 added by Stats. 1953, Ch. 68. ) ## 1650. Any individual, partnership, association, corporation, municipal corporation, or the State or any of its political subdivisions engaged in, or preparing to engage in, defense preparation, whose property, except where it fronts on water or where there are entrances for railway cars, vehicles, persons, or things, is enclosed, may post around its property at each gate, entrance, dock, or railway entrance and every 100 feet of water front a sign reading “no entry without permission.” (Added by Stats. 1953, Ch. 68.)
  124. 1651.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 2. Protection of Property Used for Defense Preparation [1650 - 1659] ( Article 2 added by Stats. 1953, Ch. 68. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 2. Protection of Property Used for Defense Preparation [1650 - 1659] ( Article 2 added by Stats. 1953, Ch. 68. ) ## 1651. Any person who without permission of the owner wilfully enters upon any premises posted pursuant to Section 1650 is guilty of a misdemeanor. (Added by Stats. 1953, Ch. 68.)
  125. 1652.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 2. Protection of Property Used for Defense Preparation [1650 - 1659] ( Article 2 added by Stats. 1953, Ch. 68. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 2. Protection of Property Used for Defense Preparation [1650 - 1659] ( Article 2 added by Stats. 1953, Ch. 68. ) ## 1652. Any peace officer or any person employed as a security guard or in a supervisory capacity on premises posted pursuant to Section 1650 may stop any person found on the premises and may detain that person for the purpose of demanding their name, address, and the reason for the person’s presence. If the peace officer or employee has reason to believe that the person has no right to be on the premises, they may arrest the person without a warrant on the charge of violating Section 1651. (Amended by Stats. 2024, Ch. 129, Sec. 107. (SB 1097) Effective January 1, 2025.)
  126. 1653.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 2. Protection of Property Used for Defense Preparation [1650 - 1659] ( Article 2 added by Stats. 1953, Ch. 68. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 2. Protection of Property Used for Defense Preparation [1650 - 1659] ( Article 2 added by Stats. 1953, Ch. 68. ) ## 1653. Any individual, partnership, association, corporation, municipal corporation, or the State or any of its political subdivisions engaged in or preparing to engage in defense preparation, who has property so used which he believes will be endangered if public use and travel is not restricted or prohibited on any abutting highway, may petition the highway commissioners of any city or county to close or to restrict the use of and travel upon any part of the abutting highway lying within 150 feet of such property. (Added by Stats. 1953, Ch. 68.)
  127. 1654.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 2. Protection of Property Used for Defense Preparation [1650 - 1659] ( Article 2 added by Stats. 1953, Ch. 68. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 2. Protection of Property Used for Defense Preparation [1650 - 1659] ( Article 2 added by Stats. 1953, Ch. 68. ) ## 1654. Upon receipt of a petition, the highway commissioners shall set a day for hearing and give notice thereof by publication pursuant to Section 6061 of the Government Code in the city or county in which such property is located. Notice shall be given at least seven days prior to the date set for hearing. (Amended by Stats. 1957, Ch. 357.)
  128. 1655.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 2. Protection of Property Used for Defense Preparation [1650 - 1659] ( Article 2 added by Stats. 1953, Ch. 68. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 2. Protection of Property Used for Defense Preparation [1650 - 1659] ( Article 2 added by Stats. 1953, Ch. 68. ) ## 1655. If after hearing the highway commissioners determine that the public safety and the safety of the property of the petitioner require that public use and travel upon any abutting highway be closed or restricted within 150 feet or less of the property, they shall issue such an order. (Added by Stats. 1953, Ch. 68.)
  129. 1656.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 2. Protection of Property Used for Defense Preparation [1650 - 1659] ( Article 2 added by Stats. 1953, Ch. 68. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 2. Protection of Property Used for Defense Preparation [1650 - 1659] ( Article 2 added by Stats. 1953, Ch. 68. ) ## 1656. Appropriate notices in letters at least three inches high shall be posted conspicuously at each end of any highway so closed or restricted by such order. (Added by Stats. 1953, Ch. 68.)
  130. 1657.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 2. Protection of Property Used for Defense Preparation [1650 - 1659] ( Article 2 added by Stats. 1953, Ch. 68. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 2. Protection of Property Used for Defense Preparation [1650 - 1659] ( Article 2 added by Stats. 1953, Ch. 68. ) ## 1657. The highway commissioners may at any time revoke or modify any order so made. (Added by Stats. 1953, Ch. 68.)
  131. 1658.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 2. Protection of Property Used for Defense Preparation [1650 - 1659] ( Article 2 added by Stats. 1953, Ch. 68. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 2. Protection of Property Used for Defense Preparation [1650 - 1659] ( Article 2 added by Stats. 1953, Ch. 68. ) ## 1658. The highway commissioners may issue written permits to travel over the highways so closed or restricted to responsible and reputable persons for such term, under such conditions, and in such form as the commissioners prescribe. (Added by Stats. 1953, Ch. 68.)
  132. 1659.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 2. Protection of Property Used for Defense Preparation [1650 - 1659] ( Article 2 added by Stats. 1953, Ch. 68. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 2. Protection of Property Used for Defense Preparation [1650 - 1659] ( Article 2 added by Stats. 1953, Ch. 68. ) ## 1659. Any person who violates any order made under Section 1655 is guilty of a misdemeanor. (Added by Stats. 1953, Ch. 68.)
  133. 166.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 166. In the event of the absence of the Adjutant General or of their inability to perform their duties, the Deputy Adjutant General or other officer designated by the Adjutant General shall perform the duties of the Adjutant General. If those officers are absent or unable to perform their duties, the Governor may detail a National Guard officer to perform those duties. (Amended by Stats. 2024, Ch. 129, Sec. 14. (SB 1097) Effective January 1, 2025.)
  134. 1670.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 3. Sabotage [1670 - 1674] ( Article 3 added by Stats. 1953, Ch. 68. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 3. Sabotage [1670 - 1674] ( Article 3 added by Stats. 1953, Ch. 68. ) ## 1670. Any person who intentionally and maliciously destroys, impairs, injures, interferes, or tampers with real or personal property with reasonable grounds to believe that such act will hinder, delay, or interfere with the preparation of the United States or of any of the states for defense or for war, or with the prosecution of war by the United States, or with the rendering of assistance by the United States to any other nation in connection with that nation’s defense, is guilty of a felony. (Added by Stats. 1953, Ch. 68.)
  135. 1671.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 3. Sabotage [1670 - 1674] ( Article 3 added by Stats. 1953, Ch. 68. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 3. Sabotage [1670 - 1674] ( Article 3 added by Stats. 1953, Ch. 68. ) ## 1671. Any person who intentionally and maliciously makes or causes to be made or intentionally and maliciously omits to note on inspection any defect in any article or thing with reasonable grounds to believe that such article or thing is intended to be used in connection with the preparation of the United States or any state for defense or for war, or for the prosecution of war by the United States, or with the rendering of assistance by the United States to any other nation in connection with that nation’s defense, or that such article or thing is one of a number of similar articles or things, some of which are intended so to be used, is guilty of a felony. (Added by Stats. 1953, Ch. 68.)
  136. 1672.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 3. Sabotage [1670 - 1674] ( Article 3 added by Stats. 1953, Ch. 68. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 3. Sabotage [1670 - 1674] ( Article 3 added by Stats. 1953, Ch. 68. ) ## 1672. Any person who is guilty of violating Section 1670 or 1671 is punishable as follows: (a) If the act or failure to act causes the death of any person, a person violating this section is punishable by death or imprisonment in the state prison for life without possibility of parole. The penalty shall be determined pursuant to the provisions of Sections 190.3 and 190.4 of the Penal Code. If the act or failure to act causes great bodily injury to any person, a person violating this section is punishable by life imprisonment without possibility of parole. (b) If the act or failure to act does not cause the death of, or great bodily injury to, any person, the person violating this section is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, four, or six years, by a fine of not more than ten thousand dollars ($10,000), or by both that imprisonment and fine. However, if a person so acts or so fails to act with the intent to hinder, delay, or interfere with the preparation of the United States or of any state for defense or for war, or with the prosecution of war by the United States, or with the rendering of assistance by the United States to any other nation in connection with that nation’s defense, the person is punishable by a fine of not more than ten thousand dollars ($10,000), imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, five, or seven years, or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 226. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  137. 1673.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 3. Sabotage [1670 - 1674] ( Article 3 added by Stats. 1953, Ch. 68. )

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

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 3. Sabotage [1670 - 1674] ( Article 3 added by Stats. 1953, Ch. 68. ) ## 1673. Any person who attempts to commit any of the crimes defined by this chapter is punishable as provided in Section 664 of the Penal Code, except that attempts to commit crimes defined by Sections 1670 and 1671 are punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three or four years or by a fine of not more than ten thousand dollars ($10,000), or both. In addition to the acts which constitute an attempt to commit a crime under the law of this state, the solicitation or incitement of another to commit any of the crimes defined by this chapter not followed by the commission of the crime, the collection or assemblage of any materials with the intent that they are to be used then or at a later time in the commission of such crime, or the entry, with or without permission, of a building, enclosure, or other premises of another with the intent to commit any such crime constitutes an attempt to commit such crime. (Amended by Stats. 2011, Ch. 15, Sec. 227. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  138. 1674.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 3. Sabotage [1670 - 1674] ( Article 3 added by Stats. 1953, Ch. 68. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 2. Sabotage Prevention Act of 1950 [1630 - 1674] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## ARTICLE 3. Sabotage [1670 - 1674] ( Article 3 added by Stats. 1953, Ch. 68. ) ## 1674. If two or more persons conspire to commit any crime defined by this chapter, each is guilty of conspiracy and subject to the same punishment as if he had committed the crime which he conspired to commit, whether or not any act be done in furtherance of the conspiracy. The fact that any of his fellow conspirators has been acquitted, has not been arrested or convicted, is not amenable to justice, or has been pardoned or otherwise discharged before or after conviction does not constitute a defense or ground of suspension of judgment, sentence, or punishment for any person prosecuted under this section. (Added by Stats. 1953, Ch. 68.)
  139. 168.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 168. The duties of the officers of the Office of the Adjutant General shall be such as are prescribed by law and regulations and shall conform as closely as practicable to the duties prescribed by orders and regulations of the Department of Defense for like officers in the United States Army, United States Air Force and United States Navy. The Assistant Adjutant General shall be a brigadier general and shall receive the same pay and allowances as a brigadier general in the United States Army. (Amended by Stats. 1949, Ch. 466.)
  140. 169.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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    The Adjutant General must attest commissions issued to military officers.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 169. The Adjutant General shall attest commissions issued to military officers. (Enacted by Stats. 1935, Ch. 389.)
  141. 1690.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 3. Reinstatement of Public Officers After Military Service [1690 - 1693] ( Chapter 3 added by Stats. 1953, Ch. 68. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 3. Reinstatement of Public Officers After Military Service [1690 - 1693] ( Chapter 3 added by Stats. 1953, Ch. 68. ) ## 1690. Any elected officer of the state who is called to serve with the Armed Forces of the United States has a right to return to and to reenter upon their office after the termination of their active service with the Armed Forces if the term for which they are elected has not expired. (Amended by Stats. 2025, Ch. 67, Sec. 152. (AB 1170) Effective January 1, 2026.)
  142. 1691.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 3. Reinstatement of Public Officers After Military Service [1690 - 1693] ( Chapter 3 added by Stats. 1953, Ch. 68. )

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

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 3. Reinstatement of Public Officers After Military Service [1690 - 1693] ( Chapter 3 added by Stats. 1953, Ch. 68. ) ## 1691. Upon their return and reentry or their return to the office they shall have all of the rights and privileges in, connected with, or arising out of, the office which they would have enjoyed if they had not been absent. (Amended by Stats. 2024, Ch. 129, Sec. 109. (SB 1097) Effective January 1, 2025.)
  143. 1692.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 3. Reinstatement of Public Officers After Military Service [1690 - 1693] ( Chapter 3 added by Stats. 1953, Ch. 68. )

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

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 3. Reinstatement of Public Officers After Military Service [1690 - 1693] ( Chapter 3 added by Stats. 1953, Ch. 68. ) ## 1692. Any vacancy created by such absence may be filled by a temporary appointment, as provided by law, for a term not to extend beyond the time of the return and reentry to the office by the absent person or beyond the term for which they are elected. (Amended by Stats. 2024, Ch. 129, Sec. 110. (SB 1097) Effective January 1, 2025.)
  144. 1693.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 3. Reinstatement of Public Officers After Military Service [1690 - 1693] ( Chapter 3 added by Stats. 1953, Ch. 68. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 7. NATIONAL DEFENSE [1630 - 1693] ( Division 7 repealed and added by Stats. 1943, 1st Ex. Sess., Ch. 1. ) ## CHAPTER 3. Reinstatement of Public Officers After Military Service [1690 - 1693] ( Chapter 3 added by Stats. 1953, Ch. 68. ) ## 1693. If any such officer was required by law to file an oath of office or to execute a bond prior to their original entry upon the duties of the office, they shall file an oath and execute a bond in like manner and form prior to their reentry upon the duties of the office. (Amended by Stats. 2024, Ch. 129, Sec. 111. (SB 1097) Effective January 1, 2025.)
  145. 17.

    ## Military and Veterans Code - MVC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 389. )

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

    ## Military and Veterans Code - MVC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 389. ) ## 17. “Signature” or “subscription” includes mark when the signer or subscriber cannot write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark may be acknowledged or may serve as a signature or subscription to a sworn statement only when two witnesses so sign the same. (Enacted by Stats. 1935, Ch. 389.)
  146. 170.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 170. The seal now used in the Office of the Adjutant General is the seal of that office and shall be delivered by the Adjutant General to their successor. All orders issued from the Office of the Adjutant General shall be authenticated with this seal. Any order or directive inadvertently or mistakenly made or entered in the Office of the Adjutant General may for good cause and a reasonable time be vacated and set aside by the Adjutant General and a proper and correct order or directive made and entered in lieu thereof. (Amended by Stats. 2024, Ch. 129, Sec. 15. (SB 1097) Effective January 1, 2025.)
  147. 171.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 171. The Adjutant General shall keep a register of all the officers of the militia of the State and shall keep in his office all records and papers required to be kept and filed therein. (Enacted by Stats. 1935, Ch. 389.)
  148. 172.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 172. The Adjutant General shall make a report to the Governor every fourth year, commencing in 1963, the report to include a statement of the moneys received and disbursed by the Adjutant General for military purposes, the number and condition of the active militia, and a history of the activities and developments of the Military Department during the preceding four years. (Amended by Stats. 1994, Ch. 114, Sec. 7. Effective January 1, 1995.)
  149. 173.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 173. The Adjutant General shall, at the expense of the State, when necessary, cause the military law, general regulations of the State, Articles of War of the United States, a history or histories of the California National Guard or the units thereof, and such other military publications necessary for the military service to be printed, indexed, and bound in compact form and distributed to the commissioned officers, and the several organizations of the active militia, and to such other military personnel and organizations as the Adjutant General may find to be necessary. (Amended by Stats. 1947, Ch. 393.)
  150. 174.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 174. The Adjutant General shall cause to be prepared and issued all necessary blank books, blanks, and notices required to carry into full effect the provisions of this division. All such books and blanks are the property of the State. (Enacted by Stats. 1935, Ch. 389.)
  151. 175.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 175. In order that the active militia of the State may receive the funds provided by Congress, the Adjutant General shall prepare and submit a plan of proposed field or camp service of instruction for the ensuing year, with an estimate of the funds required for pay, subsistence, and transportation of the portion of the active militia participating therein and such other information as may be required by the Department of the Army or the Department of the Air Force or Department of the Navy of the United States. The estimate shall furnish the details and shall be made out in the form required by instructions from the Secretary of the Army or the Secretary of the Navy or the Secretary of the Air Force. (Amended by Stats. 1949, Ch. 466.)
  152. 176.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 176. The Adjutant General may exhibit, at such times and places as he may see fit, the equipment, animals, and property of the National Guard or Naval Militia and may give demonstrations thereof with the aid of personnel selected therefor. All expense in relation thereto shall be paid from State funds. (Enacted by Stats. 1935, Ch. 389.)
  153. 177.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 177. The Adjutant General shall attend to the care, preservation, transportation, safekeeping, and repair of all military property belonging to the State or issued to the State by the United States for the purpose of arming and equipping the militia. (Enacted by Stats. 1935, Ch. 389.)
  154. 178.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 178. All military property of the state which after a proper inspection is found unsuitable for the use of the state may, with the approval of the Department of General Services, be sold, destroyed, or otherwise disposed of by the Adjutant General. All proceeds shall be remitted to the State Treasury and credited to the General Fund. (Amended by Stats. 1965, Ch. 371.)
  155. 179.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 179. (a) The Adjutant General shall establish a California State Military Museum and Resource Center as a repository for military artifacts, memorabilia, equipment, documents, and other items relating to the military history of California, and to the history of the California National Guard, in accordance with applicable regulations of the United States Army governing Army museum activities. The museum may consist of the facility described in the Proclamation of the Governor dated May 11, 1994, and any branches as may currently exist or may from time to time be created throughout the state. Each facility shall be deemed to be an armory within the meaning of Section 430. (b) The Adjutant General may enter into operating agreements with nonprofit historical foundations, military museums, historical societies, or other entities to conduct museum activities pursuant to the rules and regulations promulgated hereunder. (c) Volunteers, docents, members of the California State Guard, or others working with or for the California State Military Museum and Resource Center, for purposes consistent with the mission of the organization, shall be considered volunteers under Sections 3118 and 3119 of the Government Code and Section 3363.5 of the Labor Code. (d) No funds raised or assets acquired by an entity described in subdivision (b) shall be used for purposes inconsistent with support of the museum. (e) The Military Department shall, no later than March 15 of each year, submit a business plan for the following fiscal year to the Director of Finance and the Chair of the Joint Legislative Budget Committee for review and comment. The Military Department shall also submit, not less than 30 days prior to adoption, any proposed formal amendments to the business plan to the Director of Finance and the Chair of the Joint Legislative Budget Committee for review and comment. (f) (1) The Adjutant General or an entity described in subdivision (b) may solicit, receive, and administer donations of funds or property for the support and improvement of the museum. Any grants or donations received may be expended or used for museum purposes. (2) Property of historical military significance, not including real property, that is owned by the state and is determined by the Adjutant General to be in excess of the needs of the Military Department, shall be transferred to the museum. (3) Property determined by the Adjutant General or an entity described in subdivision (b) to be in excess of the needs of the museum may be sold, donated, exchanged, or otherwise disposed of, at its discretion, in a manner appropriate to the historical and intrinsic value of the property, and the benefits from the disposition shall inure to the museum. This paragraph does not apply to property held in trust for the Controller pursuant to Section 1563 of the Code of Civil Procedure. (g) The Adjutant General or an entity described in subdivision (b) may solicit and receive firearms and other weaponry confiscated by or otherwise in the possession of law enforcement officers as donations to the museum if the Adjutant General deems them to be of historical or military interest. (h) The Adjutant General shall, in cooperation with an entity described in subdivision (b), conduct a study of the future needs of the National Guard to preserve, display, and interpret artifacts, documents, photographs, films, literature, and other items relating to the history of the military in California. (i) (1) An entity described in subdivision (b) may enter into agreements with other military museums in California, including, but not limited to, the Legion of Valor Museum, to loan property that is not real property and that is under the direct control of the foundation. (2) An entity described in subdivision (b) may enter into agreements with other military museums in California to loan property held in trust for the Controller pursuant to Section 1563 of the Code of Civil Procedure. (Amended by Stats. 2020, Ch. 97, Sec. 17. (AB 2193) Effective January 1, 2021.)
  156. 179.5.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 179.5. (a) The Legislature acknowledges that certain artifacts of the Grand Army of the Republic that were at one time stored or displayed in the State Capitol were the personal property of certain members of the Civil War Roundtable. The Legislature acknowledges that those artifacts have been donated to, and are now in the custody of, the California State Military Museum and Resource Center, and are, thus, not the subject of this section. (b) The Civil War memorabilia that are still located at the State Capitol and that are the subject of this section consist of the following: (1) A display cabinet that once contained, among other things, artifacts of the Grand Army of the Republic that have since been donated by the Civil War Roundtable to the California State Military Museum and Resource Center mentioned in subdivision (a). (2) Certain flags of the Grand Army of the Republic that have been, and continue to be, stored or displayed in the State Capitol. (3) One or more paintings of the Civil War era that were donated to the state. (4) Other remaining artifacts of the Grand Army of the Republic, and Civil War memorabilia. (c) The articles specified in subdivision (b) shall be stored, cared for, or displayed as follows: (1) The Adjutant General shall provide suitable accommodations within the California State Military Museum and Resource Center for the care and display of the display cabinet that was once used to display at the State Capitol the books, papers, and other artifacts relating to the Grand Army of the Republic and may make suitable arrangements for the use of this cabinet for the public display of these articles in locations throughout the state. (2) Suitable facilities shall be provided at the State Capitol for storage or display within the State Capitol of the flags as set forth in paragraph (2) of subdivision (b), of the Civil War era paintings donated to the state as set forth in paragraph (3) of subdivision (b), and of other remaining artifacts and Civil War memorabilia as set forth in paragraph (4) of subdivision (b). (Amended by Stats. 2009, Ch. 623, Sec. 2. (SB 818) Effective January 1, 2010.)
  157. 18.

    ## Military and Veterans Code - MVC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 389. ) ## 18. Whenever used in this code, in specifying or defining the rights of employees of the State, or of any county, city and county, city, public district of any type or class, or other public or municipal corporation who are absent from their duties as such employees while in the active military service of the United States of America or of the State of California, or while assigned to duty with the military forces of the United States of America or of the State of California in the full time paid service of the American Red Cross, the word “war” shall mean: (a) whenever Congress has declared war and peace has not been formally restored; (b) whenever the United States is engaged in active military operations against any foreign power, whether or not war has been formally declared; or (c) whenever the United States is assisting the United Nations, in actions involving the use of armed force, to restore international peace and security. (Added by Stats. 1950, 3rd Ex. Sess., Ch. 36.)
  158. 180.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 180. The Adjutant General is responsible for all military property which may be issued to the State by the United States. He shall prepare returns of such property of the United States at the time and in the manner required by the Secretary of the Department of the Army and the Secretary of the Department of the Navy and the Secretary of the Department of the Air Force. (Amended by Stats. 1949, Ch. 466.)
  159. 1800.

    ## Military and Veterans Code - MVC ## DIVISION 8. VETERANS' WELFARE [1800 - 1840] ( Division 8 added by Stats. 1953, Ch. 68. ) ## CHAPTER 1. Solicitation for Veterans’ Benefits [1800 - 1802] ( Chapter 1 added by Stats. 1953, Ch. 68. )

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

    ## Military and Veterans Code - MVC ## DIVISION 8. VETERANS' WELFARE [1800 - 1840] ( Division 8 added by Stats. 1953, Ch. 68. ) ## CHAPTER 1. Solicitation for Veterans’ Benefits [1800 - 1802] ( Chapter 1 added by Stats. 1953, Ch. 68. ) ## 1800. As used in Section 1801: (a) “Veterans’ organizations” means any duly congressionally recognized or chartered organization of honorably discharged members of the Armed Forces of the United States, or any of their auxiliaries, including, but not limited to, the Air Force Sergeants Association, American Ex-Prisoners of War, American Legion, American Veterans, Armed Forces Retirees Association of California, Association of the United States Army, Blinded Veterans Association, California Association of County Veterans Service Officers, California State Commanders Veterans Council, Disabled American Veterans, Fleet Reserve Association, Jewish War Veterans, Legion of Valor, Marine Corps League, Military Officers Association of America, Military Order of the Purple Heart, National Association for Uniformed Services, Paralyzed Veterans of America, Reserve Officers Association, Retired Enlisted Association, Veterans of Foreign Wars, Vietnam Veterans of America, or WAVES National. (b) “Poppy” means any article fashioned of cloth, paper, or other material which represents or resembles the poppy or other flower. (c) “Badge” means any badge, rosette, lapel button, or other insignia of any veterans’ organization or any imitation thereof. (d) “Label” means any card, paper, sign, certificate, banner, or other material containing the name of or a similar name to that of any veterans’ organization. (Amended by Stats. 2006, Ch. 206, Sec. 1. Effective January 1, 2007.)
  160. 1801.

    ## Military and Veterans Code - MVC ## DIVISION 8. VETERANS' WELFARE [1800 - 1840] ( Division 8 added by Stats. 1953, Ch. 68. ) ## CHAPTER 1. Solicitation for Veterans’ Benefits [1800 - 1802] ( Chapter 1 added by Stats. 1953, Ch. 68. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 8. VETERANS' WELFARE [1800 - 1840] ( Division 8 added by Stats. 1953, Ch. 68. ) ## CHAPTER 1. Solicitation for Veterans’ Benefits [1800 - 1802] ( Chapter 1 added by Stats. 1953, Ch. 68. ) ## 1801. It is unlawful for any person to do any of the following acts: (a) To hawk, peddle, vend, offer to sell, give away, or offer to give away any poppy, badge, or label, which appears to be, or is represented directly or indirectly as being, sponsored, endorsed, or offered by any veterans’ organization, when such poppy, badge, or label is not so sponsored, endorsed, or offered by any veterans’ organization. (b) To represent in any way, directly or indirectly, that any poppy, badge, or label is sponsored, endorsed, or is being offered by a veterans’ organization when it is in fact not so sponsored, endorsed, or offered by that veterans’ organization. (c) To represent in any way, directly or indirectly that any act of solicitation of the contribution of funds or property or for the purchase or sale of any merchandise or services is sponsored, endorsed, or made by or at the request of a veterans’ organization when it is not in fact so sponsored, endorsed, or made by that veterans’ organization. (d) To manufacture, process, assemble or distribute, or offer for sale, any poppy, badge, or label which appears to be, or is represented directly or indirectly as being, sponsored, endorsed, or offered by any veterans’ organization, when such poppy, badge, or label is not so sponsored, endorsed, or offered by any veterans’ organization. Any person, whether or not an honorably discharged member of the Armed Forces of the United States, and whether or not licensed to hawk, peddle, or vend goods, wares, or merchandise, who violates this section is guilty of a misdemeanor. (Amended by Stats. 2006, Ch. 206, Sec. 2. Effective January 1, 2007.)
  161. 1802.

    ## Military and Veterans Code - MVC ## DIVISION 8. VETERANS' WELFARE [1800 - 1840] ( Division 8 added by Stats. 1953, Ch. 68. ) ## CHAPTER 1. Solicitation for Veterans’ Benefits [1800 - 1802] ( Chapter 1 added by Stats. 1953, Ch. 68. )

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

    ## Military and Veterans Code - MVC ## DIVISION 8. VETERANS' WELFARE [1800 - 1840] ( Division 8 added by Stats. 1953, Ch. 68. ) ## CHAPTER 1. Solicitation for Veterans’ Benefits [1800 - 1802] ( Chapter 1 added by Stats. 1953, Ch. 68. ) ## 1802. Any person who solicits funds for the benefit of any veteran or veterans’ association and who uses such funds for purposes other than those represented in the solicitation is guilty of a misdemeanor. (Added by Stats. 1953, Ch. 68.)
  162. 181.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 181. The Adjutant General shall superintend the preparation of all returns and reports required by the United States from the State on military matters. (Enacted by Stats. 1935, Ch. 389.)
  163. 182.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 182. The Adjutant General shall keep a correct account of all expenses necessarily incurred, including pay of officers and enlisted persons, subsistence of militia, transportation of the militia, and all military property of the state. Those expenses shall be audited and paid in the same manner as other military accounts are audited and paid. (Amended by Stats. 2018, Ch. 118, Sec. 2. (SB 1501) Effective January 1, 2019.)
  164. 1820.

    ## Military and Veterans Code - MVC ## DIVISION 8. VETERANS' WELFARE [1800 - 1840] ( Division 8 added by Stats. 1953, Ch. 68. ) ## CHAPTER 2. Veterans’ Organizations and Insignia [1820 - 1821] ( Chapter 2 added by Stats. 1953, Ch. 68. )

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

    ## Military and Veterans Code - MVC ## DIVISION 8. VETERANS' WELFARE [1800 - 1840] ( Division 8 added by Stats. 1953, Ch. 68. ) ## CHAPTER 2. Veterans’ Organizations and Insignia [1820 - 1821] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## 1820. (a) Any person who willfully wears or uses the badge, lapel button, rosette, or other recognized and estimable insignia of the veterans’ organizations specified in subdivision (a) of Section 1800, unless they are entitled to wear or use it under the rules and regulations and with the express permission of the veterans’ organizations specified in subdivision (a) of Section 1800, is guilty of a misdemeanor and is punishable for a first conviction by imprisonment for a term not to exceed 30 days in the county jail, or a fine not to exceed five hundred dollars ($500), except that if the person has been previously convicted of a violation of this section, that conviction shall be specified in the accusation and if found to be true or admitted by the person, a second or succeeding violation of this section is punishable by imprisonment not to exceed six months in the county jail, or a fine not to exceed one thousand dollars ($1,000), or both fine and imprisonment. (b) Nothing in this section shall preclude prosecution for violation of any other law. (Amended by Stats. 2024, Ch. 129, Sec. 112. (SB 1097) Effective January 1, 2025.)
  165. 1821.

    ## Military and Veterans Code - MVC ## DIVISION 8. VETERANS' WELFARE [1800 - 1840] ( Division 8 added by Stats. 1953, Ch. 68. ) ## CHAPTER 2. Veterans’ Organizations and Insignia [1820 - 1821] ( Chapter 2 added by Stats. 1953, Ch. 68. )

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

    ## Military and Veterans Code - MVC ## DIVISION 8. VETERANS' WELFARE [1800 - 1840] ( Division 8 added by Stats. 1953, Ch. 68. ) ## CHAPTER 2. Veterans’ Organizations and Insignia [1820 - 1821] ( Chapter 2 added by Stats. 1953, Ch. 68. ) ## 1821. A person who falsely represents themself in a manner specified in Section 532b of the Penal Code shall be guilty of a misdemeanor or infraction, as prescribed by Section 532b of the Penal Code. (Amended by Stats. 2024, Ch. 129, Sec. 113. (SB 1097) Effective January 1, 2025.)
  166. 183.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 183. The Adjutant General shall issue such military property as the Governor directs, and under his direction shall make purchases for that purpose. No military property shall be issued to persons or organizations other than those belonging to the active militia except such portions of the unorganized militia as may be called out by the Governor, and except further the authorized and approved units of the California Cadet Corps. (Amended by Stats. 1947, Ch. 393.)
  167. 1830.

    ## Military and Veterans Code - MVC ## DIVISION 8. VETERANS' WELFARE [1800 - 1840] ( Division 8 added by Stats. 1953, Ch. 68. ) ## CHAPTER 3. Prisoners of War and Missing in Action [1830 - 1831] ( Chapter 3 added by Stats. 1988, Ch. 943, Sec. 1. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 8. VETERANS' WELFARE [1800 - 1840] ( Division 8 added by Stats. 1953, Ch. 68. ) ## CHAPTER 3. Prisoners of War and Missing in Action [1830 - 1831] ( Chapter 3 added by Stats. 1988, Ch. 943, Sec. 1. ) ## 1830. In enacting this chapter, the Legislature recognizes all of the following: (a) California citizens have fought for their nation in many wars. (b) Hundreds of Californians who served in those wars were captured by the enemy or are missing in action. (c) Two hundred forty-three Californians who served in the Vietnam War remain unaccounted for. (d) Nine hundred family members of Vietnam era POW/MIAs reside in California. (e) The uncertain fate of the 2,400 American citizens still held as POWs or listed as missing in action causes their families acute hardship and pain. (Added by Stats. 1988, Ch. 943, Sec. 1. Effective September 16, 1988.)
  168. 1831.

    ## Military and Veterans Code - MVC ## DIVISION 8. VETERANS' WELFARE [1800 - 1840] ( Division 8 added by Stats. 1953, Ch. 68. ) ## CHAPTER 3. Prisoners of War and Missing in Action [1830 - 1831] ( Chapter 3 added by Stats. 1988, Ch. 943, Sec. 1. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 8. VETERANS' WELFARE [1800 - 1840] ( Division 8 added by Stats. 1953, Ch. 68. ) ## CHAPTER 3. Prisoners of War and Missing in Action [1830 - 1831] ( Chapter 3 added by Stats. 1988, Ch. 943, Sec. 1. ) ## 1831. (a) So that the people of California will not forget the sacrifices of those members of the United States Armed Forces who, after the termination of hostilities, remain prisoners of war or are missing in action, as well as the sacrifices of missing United States nonmilitary personnel and civilians, the Governor shall annually proclaim the third Friday of September to be known as Prisoner-of-War/Missing-in-Action (POW/MIA) Recognition Day. (b) The flag of the National League of POW/MIA Families (POW/MIA Flag) is a black and white banner symbolizing those members of the United States Armed Forces who are listed as POW or MIA. The flag serves as a powerful reminder to people everywhere of our country’s firm resolve to achieve the fullest possible accounting for every member of the United States Armed Forces, and United States nonmilitary personnel and civilians. The flag shall be flown during business hours, at all state-owned buildings or facilities where the United States Flag and the California State Flag fly, if the flag can be attached to existing flagpoles or other existing structures on which the United States Flag or California Flag fly. The state may accept donations of POW/MIA Flags and related materials. (c) The flag shall be flown at the Vietnam Veterans Memorial located on the grounds of the State Capitol whenever the United States Flag is flown at that location. (d) Additionally, the Governor and the Legislature are authorized and requested to issue proclamations calling upon the people, schools, and local governments of California to recognize POW/MIA Recognition Day with appropriate ceremonies and activities. (Amended by Stats. 2009, Ch. 47, Sec. 1. (SB 369) Effective January 1, 2010.)
  169. 1840.

    ## Military and Veterans Code - MVC ## DIVISION 8. VETERANS' WELFARE [1800 - 1840] ( Division 8 added by Stats. 1953, Ch. 68. ) ## CHAPTER 4. Veterans In State Prison [1840- 1840.] ( Chapter 4 added by Stats. 2012, Ch. 407, Sec. 1. )

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

    ## Military and Veterans Code - MVC ## DIVISION 8. VETERANS' WELFARE [1800 - 1840] ( Division 8 added by Stats. 1953, Ch. 68. ) ## CHAPTER 4. Veterans In State Prison [1840- 1840.] ( Chapter 4 added by Stats. 2012, Ch. 407, Sec. 1. ) ## 1840. The Department of Corrections and Rehabilitation shall develop guidance policies relative to the release of veterans who are inmates. The policies shall be developed with the intent to assist veterans who are inmates in pursuing claims for federal veterans’ benefits, or in establishing rights to any other privilege, preference, care, or compensation provided under federal or state law because of honorable service in the military. In developing the policies, the department may coordinate with the Department of Veterans Affairs and the county veterans service officer or veterans service organizations. (Added by Stats. 2012, Ch. 407, Sec. 1. (AB 2490) Effective January 1, 2013.)
  170. 186.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 186. The Adjutant General may conduct a study to determine the feasibility of establishing a California National Guard memorial cemetery on state-owned property at Camp San Luis Obispo to serve as an interment site for members who have served at least 20 years in the National Guard and were discharged under honorable conditions or who were killed in the line of duty while serving on state or federal active duty, and for the spouses of these members. (Added by Stats. 1984, Ch. 644, Sec. 2.)
  171. 187.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 187. The Adjutant General may at any time purchase from the United States under the regulations of the Department of the Army and of the Department of the Air Force and of the Department of the Navy governing such purchases military property, equipment and supplies required by the military forces of this State. (Amended by Stats. 1949, Ch. 466.)
  172. 188.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 188. In the event of a call to active duty in case of insurrection, invasion, tumult, riot, breach of the peace, public calamity or catastrophe, or other emergency, or imminent danger thereof, the Adjutant General, with the approval of the Governor, may secure all necessary supplies, equipment, meals, quarters, subsistence, transportation, medical, surgical, and hospital services, and dental and artificial devices for the officers and men and women called to active duty. Those purchases and services shall be exempt from the rules and regulations set forth in Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. Claims for expenses thus incurred, when approved by the Adjutant General as purchases for the emergency, shall be deemed valid claims against appropriations for military purposes. Except as otherwise provided in this act all claims shall be subject to the laws relating to state procurement of materials, supplies, equipment, and services pursuant to Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. (Amended by Stats. 1994, Ch. 114, Sec. 9. Effective January 1, 1995.)
  173. 189.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 189. (a) The sum of three thousand dollars ($3,000) appropriated by Chapter 467, Statutes of 1913, for a cash revolving fund to facilitate the work of the Adjutant General’s office, shall be hereafter held, continued, and used by the Adjutant General for that purpose. All or any part of the money may be drawn from the state treasury without the submission of receipts, vouchers, or itemized statements and may be used by the Adjutant General in advancing cash payments for ordnance, equipment, material, labor, supplies, and incidental expenses requiring cash payments in advance, where the payments are necessary for the proper operation of the militia. Any amounts shall be repaid out of the appropriation against which they are a proper charge, upon itemized claims accompanied by proper vouchers and receipts, and the money returned to the cash revolving fund. (b) The Adjutant General shall be liable on their bond for the money so advanced to the Adjutant General and may, to protect themself, require sufficient bond of the several employees under the Adjutant General in case it should be necessary to delegate any of them to disburse money from the revolving fund. The Adjutant General shall account for the money herein appropriated at any time upon demand of the Department of Finance or the Controller. (Amended by Stats. 2024, Ch. 129, Sec. 16. (SB 1097) Effective January 1, 2025.)
  174. 19.

    ## Military and Veterans Code - MVC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 389. ) ## 19. “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code. (Added by Stats. 2016, Ch. 50, Sec. 64. (SB 1005) Effective January 1, 2017.)
  175. 190.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 2. General Organization [120 - 190] ( Chapter 2 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. The Adjutant General [160 - 190] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 190. Federal funds shall be deemed to be available for federal-state joint construction of armories approved for such joint construction, when the federal appropriation of the funds has been approved and the National Guard Bureau or other appropriate federal agency advises the Adjutant General of the amount of funds apportioned or prorated to the State of California for such purpose. (Added by Stats. 1953, Ch. 176.)
  176. 2.

    ## Military and Veterans Code - MVC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 389. ) ## 2. The provisions of this code in so far as they are substantially the same as existing statutes relating to the same subject matter shall be construed as restatements and continuations thereof, and not as new enactments. (Enacted by Stats. 1935, Ch. 389.)
  177. 210.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Membership [210 - 217] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    This section says what the National Guard consists of.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Membership [210 - 217] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 210. The National Guard consists of: (a) General officers. (b) The several staff corps and departments prescribed in tables of organization of the United States Army or United States Air Force or tables of organization for the National Guard. (c) The officers and enlisted persons on the retired and the reserve lists. (d) The organizations forming the National Guard and persons enlisted or commissioned therein. (Amended by Stats. 2018, Ch. 118, Sec. 3. (SB 1501) Effective January 1, 2019.)
  178. 211.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Membership [210 - 217] ( Article 1 enacted by Stats. 1935, Ch. 389. )

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Membership [210 - 217] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 211. The Governor may alter, divide, annex, consolidate, disband, or reorganize any organization, department, or corps and create new organizations, departments, or corps when required by the provisions of this division or whenever in his judgment the efficiency of the State forces will be thereby increased. The Governor may also change the organization of any organization, department, or corps so as to conform to any system of drill, or instruction prescribed by the laws of the United States for the National Guard and for that purpose the number of the officers and noncommissioned officers of any grade may be increased or diminished and the grades of such officers and noncommissioned officers may be altered to the extent necessary to secure such conformity. (Enacted by Stats. 1935, Ch. 389.)
  179. 212.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Membership [210 - 217] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Membership [210 - 217] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 212. The inactive National Guard shall consist of those organizations, officers, and enlisted persons as are authorized and prescribed by the laws of the United States and regulations issued thereunder. (Amended by Stats. 2018, Ch. 118, Sec. 4. (SB 1501) Effective January 1, 2019.)
  180. 213.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Membership [210 - 217] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Membership [210 - 217] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 213. Members of the California National Guard who have reverted from federal control to state control thereby become members of the State Guard and are subject to Chapter 3 (commencing with Section 550) of Part 2 of this division for the unexpired period of their enlistment or appointment, unless upon reversion the members are assigned to active units of the California National Guard which have not been called or ordered into federal service. (Amended by Stats. 2020, Ch. 97, Sec. 18. (AB 2193) Effective January 1, 2021.)
  181. 214.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Membership [210 - 217] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Membership [210 - 217] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 214. During the absence of organizations of the National Guard in the service of the United States, their State or Federal designations shall not be given to new organizations. (Enacted by Stats. 1935, Ch. 389.)
  182. 215.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Membership [210 - 217] ( Article 1 enacted by Stats. 1935, Ch. 389. )

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Membership [210 - 217] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 215. For all purposes under this code, commissioned officers, warrant officers and enlisted persons of the California National Guard, California Air National Guard, and California National Guard Reserve who have heretofore or hereafter performed service in the United States Army, United States Air Force, United States Navy, or a reserve component thereof shall be entitled to credit for time so served as if that service had been rendered in the state forces. Service in the state forces shall include all full-time active duty and part-time duty performed heretofore or hereafter either as an enlisted person, warrant officer or commissioned officer pursuant to any prior or present section or sections or provisions of this code. Federal law notwithstanding, in computing state service for retirement with pay under this authority, full-time active service and part-time duty or service with the Armed Forces of the United States or any reserve component thereof shall be considered. (Amended by Stats. 2018, Ch. 118, Sec. 5. (SB 1501) Effective January 1, 2019.)
  183. 216.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Membership [210 - 217] ( Article 1 enacted by Stats. 1935, Ch. 389. )

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Membership [210 - 217] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 216. Former members of the National Guard who have been honorably discharged for “expiration of term of service” or on account of “removal” and have returned to the limits of their commands, and officers who have resigned or have been honorably discharged, or whose terms have expired, who reenlist or reenter the National Guard within ninety days from the date of their discharge or the expiration of their term of office, shall be given credit for continuous service, and the enlistment considered consecutive. (Enacted by Stats. 1935, Ch. 389.)
  184. 217.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Membership [210 - 217] ( Article 1 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Membership [210 - 217] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 217. The California National Guard shall inform its members that it will assist noncitizen members in acquiring United States citizenship as soon as they are eligible. If a noncitizen member requests such assistance, then the California National Guard shall assist the member in filing all forms and paperwork necessary to become a United States citizen. (Added by Stats. 2017, Ch. 497, Sec. 2. (SB 156) Effective October 5, 2017.)
  185. 220.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    All officers must be commissioned by the Governor.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 220. All officers shall be commissioned by the Governor. All appointments of officers shall be made and all vacancies shall be filled in the manner provided by the laws and regulations of the United States Army and United States Air Force. (Amended by Stats. 1963, Ch. 117.)
  186. 221.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. )

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 221. All officers duly commissioned shall take the oath of office prescribed by the laws of the United States relating to the appointment and recognition of federally recognized officers of the National Guard and in addition thereto any other oath prescribed by law, and file or be covered by the bond provided for in this division. (Enacted by Stats. 1935, Ch. 389.)
  187. 222.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 222. Persons to be commissioned in the National Guard shall be selected from those eligible for federal recognition in accordance with Army and Air National Guard Regulations promulgated from time to time by the Department of the Army or the Department of the Air Force of the United States and from former commissioned officers of the United States Army, United States Air Force, United States Navy, or any reserve component thereof, who were honorably separated therefrom but are no longer eligible for federal recognition. (Amended by Stats. 1963, Ch. 118.)
  188. 223.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. )

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 223. All officers, warrant officers, and enlisted persons of the militia and all persons on duty with the militia shall give any bonds and security as may be required and within the time prescribed by the Adjutant General to secure the state against loss on account of misuse or misapplication of state or company property or funds or the property or funds of the United States in use by the State of California. All bonds shall be conditioned upon the faithful performance of all duties and the accounting for all property and moneys, including organization funds, for which the obligee is responsible or accountable. The Adjutant General may in lieu of the foregoing enter into an agreement conditioned in like terms and for the same purpose with a qualified surety company to bond all officers, warrant officers, and enlisted persons of the militia, and all persons on duty with the militia without specifically naming them. The agreement shall also provide that the report and final action of military or naval authorities having jurisdiction for fixing responsibility for loss or damage shall be conclusive proof of the responsibility or liability of any officer, warrant officer, or enlisted person in a suit brought to enforce the obligation of the bond. The premiums on bonds shall be charged to those funds appropriated for the support of the militia as the Governor directs. (Amended by Stats. 2018, Ch. 118, Sec. 6. (SB 1501) Effective January 1, 2019.)
  189. 224.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 224. Rank: How Determined. All officers of the National Guard shall take rank according to the date assigned them by their commissions, which date shall be that of their appointment, except that in the case of an officer who has previously held the same or a higher grade in the California National Guard, California Air National Guard, the Officers’ Reserve Corps, or has performed active duty in the same or a higher grade in the armed forces of the United States, his date of rank shall antedate his date of appointment by the length of time he has previously held such grade or performed such active duty. When two officers of the same grade are commissioned as of the same date, their rank shall be determined, first, by the length of previous services as an officer in the National Guard; second, by the length of previous military service in the National Guard; third, according to age, the eldest taking precedence. (Amended by Stats. 1949, Ch. 466.)
  190. 225.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 225. Warrant officers of the National Guard shall be appointed by the Governor. The classes of persons from which warrant officers may be appointed shall be the same as are provided in the rules and regulations adopted by the United States for the control, administration and government of the National Guard so far as the same are not inconsistent with this code and from former commissioned or warrant officers of the United States Army, United States Air Force, United States Navy, or any reserve component thereof, who were honorably separated therefrom but are no longer eligible for federal recognition. Warrant officers shall be separated from the service, discharged and dismissed and shall have the same privileges respecting retirement as commissioned officers, and shall have all other powers, privileges and duties authorized by the laws and regulations of the United States and customs of the service. (Amended by Stats. 1963, Ch. 119.)
  191. 226.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 226. Every officer shall provide himself with the arms, uniforms, and equipment prescribed and approved by the Governor. (Amended by Stats. 1963, Ch. 120.)
  192. 227.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. )

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 227. When an officer of the National Guard is sixty-four years of age, he shall be retired from active service and placed on the retired list. (Enacted by Stats. 1935, Ch. 389.)
  193. 228.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. )

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 228. (a) A commissioned or warrant officer of the California National Guard who has served 20 years in the active service of the state may, on application, in the discretion of the Governor, be retired. Service in the United States Army, United States Air Force, United States Navy, or any reserve component thereof is considered state service in computing length of state service for the purposes of this section. (b) Upon application made within one year of retirement, the officer may, in the discretion of the Governor, be granted an honorary advancement to the next grade above that held on the date of application for retirement. The Adjutant General shall adopt regulations governing the application procedure, qualifications required, and rights and privileges in connection with honorary post-retirement promotions under this subdivision. If recalled to either state or federal active service, a person honorarily promoted under this subdivision shall return to duty in that grade specified by federal law or regulations applicable to the person. (c) Commissioned and warrant officers on active duty with the office of the Adjutant General pursuant to Section 167 who are not members of the Public Employees’ Retirement System and who have been on active duty with the office of the Adjutant General for a total of 10 years shall, on application, be retired in accordance with the federal law and regulations which on the date of application govern the retirement of commissioned and warrant officers of the reserve components of the Army of the United States on extended active duty. Retirement from state active duty with the office of the Adjutant General does not prohibit a person from active service in the California National Guard. In these cases, the length of service shall be computed as provided in this section and Section 215. (Amended by Stats. 2007, Ch. 355, Sec. 30. Effective January 1, 2008.)
  194. 229.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 229. When a board of officers finds that an officer is incapacitated for active service, and that their incapacity is the result of an incident of the service, and its decision is approved by the Governor, the officer shall be retired from active service and placed on the retired list of officers. When a board of officers finds the incapacity of an officer is not the result of any incident of the service, and its decision is approved by the Governor, the officer shall be retired from active service, or discharged, as the Governor determines. (Amended by Stats. 2024, Ch. 129, Sec. 17. (SB 1097) Effective January 1, 2025.)
  195. 230.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 230. The Governor may detail, with their own consent, officers or noncommissioned officers of the retired list to active duty and return them to the retired list in their discretion. Officers or noncommissioned officers retired for age may not be detailed to command troops, but only to perform duties of staff corps or departments, or to sit on boards, except in time of war or other emergency, or imminent danger thereof, when retired officers or noncommissioned officers may be detailed by the Governor, without their consent, to perform any military duty designated by the Governor. (Amended by Stats. 2024, Ch. 129, Sec. 18. (SB 1097) Effective January 1, 2025.)
  196. 231.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. )

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

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 231. The provisions of sections 232 to 237, inclusive, shall apply with equal force to commissioned officers of the National Guard and the unorganized militia when called into active service. (Enacted by Stats. 1935, Ch. 389.)
  197. 232.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 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, for personal traits of character, or by dismissal pursuant to sentence of a general court-martial. (Amended by Stats. 2018, Ch. 92, Sec. 161. (SB 1289) Effective January 1, 2019.)
  198. 232.5.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 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. (Added by Stats. 2017, Ch. 221, Sec. 2. (SB 747) Effective January 1, 2018.)
  199. 233.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 233. An officer who desires to resign shall submit their resignation to the Governor, whose action thereon shall be final. The Governor may refuse to accept a resignation when the officer is under investigation, under charges, awaiting the result of a 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. (Amended by Stats. 2024, Ch. 129, Sec. 19. (SB 1097) Effective January 1, 2025.)
  200. 234.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. )

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    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.

    ## Military and Veterans Code - MVC ## DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. ) ## PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Officers [220 - 240] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 234. At any time the moral character, capacity, and general fitness for service of an officer may be determined by an efficiency board. The board shall be appointed by order of the Governor, and shall consist of three commissioned officers, senior in rank to the officer under investigation. The findings and recommendations of the board shall be transmitted to the Governor, who shall approve or disapprove the findings. If the approved findings are unfavorable to the officer, he shall be ordered discharged. (Enacted by Stats. 1935, Ch. 389.)

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