Military and Veterans Code — Part 3 | MVC — United States — California law | Esheria

Military and Veterans Code

Part 3 of 7 · provisions 401–600

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

Jurisdiction
United States — California
Instrument
Code
Citation
MVC
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
access control accountant reimbursement accountant reports accounting accounting procedures accounting reports active duty administration of oaths administration of veterans' home administrative compliance administrative decision-making administrative duties administrative notice administrative organization administrative presentation administrative procedure administrative regulations administrative review administrative verification admission conditions admission criteria admission priority advances advertising +1,408 more

Statute overview

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.

Read the provisions Ask with citations

Legal text

Provisions of Military and Veterans Code

Showing 200 of 1,235

  1. 235.

    ## 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 ↗

    An officer’s physical fitness for service may be reviewed by a three-member board of medical officers appointed 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. ) ## 235. At any time the physical fitness for service of an officer may be determined by a board of three medical officers, which shall be appointed by the Governor for that purpose. The findings and recommendations of the board shall be transmitted to the Governor. If the officer is found to be physically unfit for service and the finding is approved by the Governor, he shall be ordered discharged or retired from active service. (Enacted by Stats. 1935, Ch. 389.)
  2. 236.

    ## 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 ↗

    An officer absent without leave for three months may be discharged with the Governor’s approval, and the discharge is a general discharge under honorable conditions.

    ## 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. ) ## 236. An officer absent without leave for a period of three months shall, with the approval of the Governor, be discharged. Such discharge shall be a general discharge under honorable conditions. (Amended by Stats. 1953, Ch. 193.)
  3. 237.

    ## 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 ↗

    An officer can be dismissed from service only if a general court-martial sentences dismissal and the Governor approves it.

    ## 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. ) ## 237. An officer may be dismissed from the service only by sentence of a general court-martial, which sentence is approved by the Governor. (Enacted by Stats. 1935, Ch. 389.)
  4. 238.

    ## 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 ↗

    Certain officers cannot re-enter the State military or naval service unless the Governor approves.

    ## 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. ) ## 238. No officer who has been dismissed from the military or naval service of the State shall be permitted again to enter the military or naval service of the State without the approval of the Governor of this State. No officer who has resigned for the good of the service, or who has been discharged under conditions other than honorable on account of inefficiency, or on account of absence without leave, shall be permitted to enter the military or naval service of the State without the approval of the Governor of this State. (Amended by Stats. 1953, Ch. 193.)
  5. 239.

    ## 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 may move commissioned and warrant officers between organizations or to the retired or reserve list when it benefits the California National Guard, and may direct the Adjutant General to act under this section.

    ## 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. ) ## 239. The Governor may assign, reassign, or transfer commissioned officers and warrant officers from one organization to another or to the retired or the reserve list when deemed for the benefit of the California National Guard. The Governor may direct the Adjutant General to take any action under this section. (Added by Stats. 1986, Ch. 566, Sec. 1.)
  6. 240.

    ## 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 ↗

    A person cannot commission as an officer or warrant officer in the California National Guard if they actively participate in certain extremist, unlawful, discriminatory, treasonous, or insurrectionary conduct.

    ## 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. ) ## 240. (a) A person is not eligible to commission as an officer or warrant officer in the California National Guard if they actively participate in any of the following: (1) Advocating for, or engaging in, the use of unlawful force, unlawful violence, or other illegal means to deprive an individual of their rights under the United States Constitution or the laws of the United States, the California Constitution or the laws of this state, or a political subdivision thereof. (2) Advocating for, or engaging in, the use of unlawful force or violence to achieve goals that are political, religious, discriminatory, or ideological in nature. (3) Advocating for, engaging in, or supporting terrorism within the United States or abroad. (4) Advocating for, engaging in, or supporting the overthrow of the government of the United States, or any political subdivision thereof, including the government of this state or that of any other state, commonwealth, territory, or the District of Columbia, by force of violence, or seeking to alter the form of these governments by unconstitutional or other unlawful means. (5) Advocating or encouraging military, civilian, or contractor personnel within the California National Guard or State Guard to violate the laws of the United States, or any political subdivision thereof, including the laws of this state or those of any other state, commonwealth, territory, or the District of Columbia, or to disobey lawful orders or regulations, for the purpose of disrupting military activities, or personally undertaking the same. (6) Advocating for widespread unlawful discrimination based on race, color, national origin, religion, sex, gender identity, or sexual orientation. (7) Advocating for, engaging in, or supporting treason, as defined in Section 37 of the Penal Code or Section 2381 of Title 18 of the United States Code. (8) Advocating for, engaging in, or supporting an act of rebellion or insurrection, as defined in Section 2383 of Title 18 of the United States Code. (b) An officer who actively participates in any of the conduct set forth in subdivision (a) shall receive an other than honorable discharge, in accordance with United States Department of Defense regulations and any applicable procedures and regulations of the individual service branches. (c) “Active participation” has the same meaning as in the Department of Defense Instruction 1325.06 or any successor instruction or regulation. (Added by Stats. 2024, Ch. 774, Sec. 1. (SB 901) Effective January 1, 2025.)
  7. 250.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. )

    Verify source ↗

    Enlistment and re-enlistment qualifications, and the oath for the National Guard, must follow U.S. and state law and Army or Air Force regulations, except for certain honorably separated former enlisted members who are no longer qualified for enlistment under U.S. law.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. ) ## 250. The qualifications for enlistment and re-enlistment in the National Guard and the term and the form of oath shall at all times conform to the requirements of the laws of the United States and of this State and the regulations from time to time promulgated by the Department of the Army or the Department of the Air Force of the United States for the government and guidance of the National Guard except for former enlisted members 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 qualified for enlistment under the laws of the United States. (Amended by Stats. 1963, Ch. 122.)
  8. 251.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. )

    Verify source ↗

    People who enlist or reenlist must sign the enlistment papers and take the required oath before an authorized military or naval officer.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. ) ## 251. Every person who enlists or reenlists shall sign the enlistment papers and take the oath required by the laws and regulations of this State and of the United States. Such oath shall be taken before any military or naval officer authorized to administer oaths by the regulations or laws of the United States or of this State. Any wilfully false statement so sworn to is perjury. (Enacted by Stats. 1935, Ch. 389.)
  9. 252.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. )

    Verify source ↗

    This section sets who appoints certain National Guard noncommissioned and petty officers, and requires appointments to follow U.S. tables of organization and 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. ) ## 252. Appointments of noncommissioned and petty officers shall conform to the tables of organization and to the rules and regulations prescribed by the United States for the government and administration of the National Guard. All noncommissioned and petty officers shall be appointed by the commanding officer of the division, brigade, regiment, separate battalion, squadron, marine division, or similar organization, upon the recommendation of the commanding officer of the unit in which they are to serve. Noncommissioned and petty officers of separate companies, troops, batteries, detachments, and similar units, not forming part of an existing higher tactical organization, shall be appointed by the Adjutant General. When an examination is required by federal laws or regulations or by state regulations, an enlisted person shall not be appointed until they have successfully passed the examination. (Amended by Stats. 2024, Ch. 129, Sec. 20. (SB 1097) Effective January 1, 2025.)
  10. 253.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. )

    Verify source ↗

    Privates, privates first class, and noncommissioned officers are to be appointed only within authorized allotments and under U.S.-prescribed rules for National Guard administration.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. ) ## 253. Privates, privates first class and noncommissioned officers shall be appointed within authorized allotments and pursuant to the rules and regulations prescribed by the United States for the government and administration of the National Guard. (Amended by Stats. 1952, 1st Ex. Sess., Ch. 21.)
  11. 254.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. )

    Verify source ↗

    Enlisted persons may be transferred, noncommissioned officers may be reduced in grade for good cause, and the National Guard regulations must be followed for those actions. The Adjutant General may vacate a militia discharge order for good cause if no discharge certificate or other evidence has been delivered.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. ) ## 254. Enlisted persons may be transferred to or from organizations or units. Noncommissioned officers may be reduced one or more grades upon good cause appearing therefor. In transferring or reducing an enlisted person or noncommissioned officer the procedure laid down in regulations for the National Guard shall be followed. An order discharging a member of the militia may be vacated by the Adjutant General for good cause; provided, a certificate or other evidence of discharge has not been delivered to the discharged member. (Amended by Stats. 2018, Ch. 118, Sec. 9. (SB 1501) Effective January 1, 2019.)
  12. 255.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. )

    Verify source ↗

    Certain enlisted persons may be provided by the state with a service or dress uniform, or both.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. ) ## 255. Every enlisted person who enters the National Guard or who is a member of the unorganized militia when called into the service of the state, may be provided by the state with a service or dress uniform, or both, corresponding in make and general appearance to the service or dress uniform of the United States Army. (Amended by Stats. 2018, Ch. 118, Sec. 10. (SB 1501) Effective January 1, 2019.)
  13. 256.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. )

    Verify source ↗

    This section lets eligible California National Guard enlisted members retire or receive honorary advancement, with the Governor deciding those applications and the Adjutant General required to issue 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. ) ## 256. (a) An enlisted member 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 shall be considered as state service in computing length of state service for the purposes of this section. (b) Upon application made within one year of retirement, the person may, in the discretion of the Governor, be granted an honorary advancement to the next rank 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. If recalled to either state or federal active service, a person honorarily promoted under this subdivision shall return to duty in that rank specified by federal law or regulations applicable to the person. (c) An enlisted member on active duty with the office of the Adjutant General pursuant to Section 167 who is not a member of the Public Employees’ Retirement System and who has 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 enlisted members of the reserve components of the Army of the United States on extended active duty. 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. 31. Effective January 1, 2008.)
  14. 257.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. )

    Verify source ↗

    An enlisted person of the National Guard must be retired from active service or discharged when they reach 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. ) ## 257. When an enlisted person of the National Guard is 64 years of age, they shall be retired from active service or discharged. (Amended by Stats. 2025, Ch. 67, Sec. 136. (AB 1170) Effective January 1, 2026.)
  15. 258.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. )

    Verify source ↗

    During war, an emergency, or imminent danger, the Governor may send retired enlisted persons to active duty and later return them to the retired list when the emergency 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 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. ) ## 258. In time of war or other emergency or imminent danger thereof, the Governor may detail retired enlisted persons to active duty and on conclusion of the emergency return them to the retired list. (Amended by Stats. 2018, Ch. 118, Sec. 12. (SB 1501) Effective January 1, 2019.)
  16. 259.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. )

    Verify source ↗

    An enlisted National Guard member or unorganized militia member called into active service separates from service by death or by discharge from proper authority.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. ) ## 259. Separation from service of an enlisted person of the National Guard or the unorganized militia called into active service is effected by death or by discharge by proper authority. (Amended by Stats. 2018, Ch. 118, Sec. 13. (SB 1501) Effective January 1, 2019.)
  17. 260.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. )

    Verify source ↗

    This section lists the reasons enlisted personnel may be 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. ) ## 260. The following are causes for discharge of enlisted personnel: (a) Expiration of term of service. (b) Attainment of the age of 64 years. (c) Acceptance of appointment as a commissioned officer in the state or federal service. (d) To enlist in the United States Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard. (e) To accept appointment in the United States Military Academy, Naval Academy, Air Force Academy, or Coast Guard Academy. (f) To accept appointment as a flying cadet. (g) To re-enlist. (h) Discontinuance of the organization in which the person is serving. (i) Change of residence. (j) Certificate of disability. (k) Inaptness or misconduct. (l) Fraudulent enlistment. (m) Action of civil or military court. (n) Draft into the service of the United States. (o) Business or educational interference. (p) Any other reason the Governor deems adequate and satisfactory. (q) For the best interests of the military service. (r) For the good of the service. (s) For absence without leave. (t) Active participation in any of the conduct set forth in subdivision (a) of Section 240. (Amended by Stats. 2024, Ch. 774, Sec. 2. (SB 901) Effective January 1, 2025.)
  18. 261.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. )

    Verify source ↗

    This section says enlisted personnel are generally discharged by order of the Governor, except as provided in subdivision (b).

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. ) ## 261. (a) (1) Except as provided in subdivision (b), the discharge of enlisted personnel under the provisions of Section 260 shall be effected by order of the Governor, under those regulations as may be prescribed, or as may be authorized by the laws and regulations prescribed for the government of the National Guard by the United States and that are not inconsistent with this code. (2) An enlisted person shall receive an other than honorable discharge pursuant to subdivision (t) of Section 260, in accordance with United States Department of Defense regulations and any applicable procedures and regulations of the individual service branches. (b) The Adjutant General may discharge a person who is absent without leave for a period of 90 days or more. The discharge under this subdivision shall be a general discharge under honorable conditions. (Amended by Stats. 2024, Ch. 774, Sec. 3. (SB 901) Effective January 1, 2025.)
  19. 262.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. )

    Verify source ↗

    An enlisted person discharged from the National Guard or unorganized militia in active state service must receive a written discharge.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. ) ## 262. An enlisted person discharged from the National Guard or the unorganized militia when called or ordered into active service of the state shall receive a discharge in writing in a form and with those qualifications as may be prescribed under the laws and regulations prescribed for the government of the National Guard by the United States and that are not inconsistent with this code. The certificates of discharge may be in the form of an honorable, a general, or undesirable discharge. Bad conduct and dishonorable discharges shall be awarded only by courts-martial as provided in this code. (Amended by Stats. 2018, Ch. 118, Sec. 14. (SB 1501) Effective January 1, 2019.)
  20. 263.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. )

    Verify source ↗

    An enlisted person in the National Guard or unorganized militia called into active service is a deserter if they go absent without leave and appear not to intend to return, or if they leave their unit or place of duty to avoid hazardous duty or shirk important 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. ) ## 263. When an enlisted person of the National Guard or the unorganized militia called into active service is absent without leave and there is reason to believe that the enlisted person does not intend to return, or quits their organization or place of duty with the intent to avoid hazardous duty or to shirk important service, that person is a deserter. (Amended by Stats. 2024, Ch. 129, Sec. 22. (SB 1097) Effective January 1, 2025.)
  21. 264.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. )

    Verify source ↗

    A deserter may be dropped from the rolls with the Governor’s express authority, and a soldier found to be a deserter from U.S. military or naval service must be dropped from the rolls if not under charges.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. ) ## 264. With the express authority of the Governor, a deserter may be dropped from the rolls of his organization. Any soldier discovered to be a deserter from the military or naval service of the United States shall, if not under charges, be dropped from the rolls. (Enacted by Stats. 1935, Ch. 389.)
  22. 265.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. )

    Verify source ↗

    The Adjutant General must publish lists of deserters in orders when 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 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. ) ## 265. Lists of deserters shall be published by The Adjutant General in orders, from time to time as the Governor directs. (Enacted by Stats. 1935, Ch. 389.)
  23. 266.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. )

    Verify source ↗

    An enlisted person dropped as a deserter cannot be restored to duty until the desertion charge has been disposed 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. ) ## 266. An enlisted person who has been dropped as a deserter shall not be restored to duty without prior disposition of the charge of desertion standing against them. The charge shall be disposed of by trial by court-martial; by restoration to duty, desertion admitted, upon a written application of the soldier admitting the desertion; or by the setting aside of the charge of desertion when it had been erroneously made. (Amended by Stats. 2024, Ch. 129, Sec. 23. (SB 1097) Effective January 1, 2025.)
  24. 267.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. )

    Verify source ↗

    A deserter generally cannot be restored to duty without a trial, unless the Governor or an authorized officer does it.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. ) ## 267. A deserter shall not be restored to duty without trial except by the Governor or by an officer authorized to appoint a general court-martial. Restoration to duty without trial shall not remove the charge of desertion or relieve the enlisted person from any of the forfeitures attached to that offense. Setting aside a charge of desertion as having been erroneously made shall remove the charge of desertion and all stoppages and forfeitures arising therefrom. (Amended by Stats. 2018, Ch. 118, Sec. 17. (SB 1501) Effective January 1, 2019.)
  25. 268.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. )

    Verify source ↗

    An enlisted person must make up lost time if absent without leave or in desertion for more than 24 hours, unless sooner discharged by proper authority.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. ) ## 268. All time lost while absent without leave or in desertion, in excess of twenty-four hours, shall be made good unless the enlisted person is sooner discharged by proper authority. (Amended by Stats. 2018, Ch. 118, Sec. 18. (SB 1501) Effective January 1, 2019.)
  26. 269.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. )

    Verify source ↗

    A dishonorably discharged enlisted person may not reenter this state’s military or naval service unless the Governor approves.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. ) ## 269. No enlisted person who has been dishonorably discharged from the military or naval service of this state, or of another state, territory or district, or of the United States shall be permitted to enter again the military or naval service of this state without the approval of the Governor of this state. (Amended by Stats. 2018, Ch. 118, Sec. 19. (SB 1501) Effective January 1, 2019.)
  27. 270.

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. )

    Verify source ↗

    A person may not enlist in the California National Guard if they actively participate in conduct described in Section 240(a).

    ## 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 3. Enlisted Persons [250 - 270] ( Heading of Article 3 amended by Stats. 2018, Ch. 118, Sec. 7. ) ## 270. A person is not eligible to enlist in the California National Guard if they actively participate in any of the conduct set forth in subdivision (a) of Section 240. (Added by Stats. 2024, Ch. 774, Sec. 4. (SB 901) Effective January 1, 2025.)
  28. 280.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    This section incorporates Chapter 3 into the Naval Militia chapter, except where the two conflict.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## 280. Except where this chapter is inconsistent therewith, Chapter 3 (commencing with Section 210) of Part 1 of Division 2 is hereby incorporated by reference in this chapter and those provisions shall apply to the Naval Militia and the officers and enlisted persons thereof with the same force and effect as if the provisions were set out in detail in this chapter. In applying Chapter 3 (commencing with Section 210) of Part 1 of Division 2 to this chapter, the term “Naval Militia” shall be substituted for the term “National Guard” and the term “Navy Department” for the term “War Department.” (Amended by Stats. 2018, Ch. 118, Sec. 20. (SB 1501) Effective January 1, 2019.)
  29. 281.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    This section defines certain terms used for the Naval Militia 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## 281. As used in this division in connection with the Naval Militia: (a) “Division” and “company” shall have the same meaning and effect as “company” when used in connection with the infantry of the National Guard; (b) “Battalion” shall have the same meaning and effect as “battalion” when used in connection with the infantry of the National Guard. (Enacted by Stats. 1935, Ch. 389.)
  30. 282.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The Naval Militia must be located throughout the State, subject to the Governor’s discretion.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## 282. The Naval Militia shall be located throughout the State at the discretion of the Governor. (Enacted by Stats. 1935, Ch. 389.)
  31. 283.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The Naval Militia’s organization must generally conform to U.S. laws.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## 283. The organization of the Naval Militia shall conform generally to the provisions of the laws of the United States. (Enacted by Stats. 1935, Ch. 389.)
  32. 284.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The Naval Militia must be organized into one or more naval brigades.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## 284. The Naval Militia shall be organized into one or more naval brigades which shall consist of such administrative battalions prescribed by the Navy Department for a like number of divisions in the United States Navy. (Enacted by Stats. 1935, Ch. 389.)
  33. 285.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The Naval Militia must be organized into the number and kinds of units the Governor prescribes, subject to Navy Department requirements.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## 285. The Naval Militia shall consist of such number of deck and engineer divisions, companies of marines, aeronautic and other organizations as the Governor prescribes in conformity with the requirements of the Navy Department. (Enacted by Stats. 1935, Ch. 389.)
  34. 286.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The Naval Militia’s divisions, companies of marines, and other organizations may be organized into battalions if the Governor allows it.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## 286. The several divisions, companies of marines, and other organizations of the Naval Militia may be organized into battalions at the discretion of the Governor. (Enacted by Stats. 1935, Ch. 389.)
  35. 287.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The Naval Militia’s marine divisions and companies must match U.S. Navy and Secretary of the Navy rules on size, ranks, titles, and rank insignia.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## 287. The numerical strength, rank, titles, and insignia of rank of the divisions and companies of marines of the Naval Militia shall conform to the laws, rules, and regulations of the United States Navy, and the rules and regulations prescribed by the Secretary of the Navy for the Naval Militia. (Enacted by Stats. 1935, Ch. 389.)
  36. 288.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The Adjutant General must nominate up to three lieutenant commander-level officers, have the candidates examined, and recommend the highest-rated candidate to the Governor for commission.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## 288. In order to select a commanding officer for the Naval Militia, The Adjutant General shall nominate not to exceed three officers, not below the grade of lieutenant commander, and shall cause such candidates to be examined. The candidate receiving the highest rating in such examination shall be recommended by The Adjutant General to the Governor for commission. (Enacted by Stats. 1935, Ch. 389.)
  37. 289.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The Governor sets the amount and grades of Naval Militia officers and enlisted personnel, and those ranks must also match the number and grades authorized for comparable U.S. Navy or Navy Department 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## 289. The officers, chief warrant officers, warrant officers, and enlisted persons of the Naval Militia shall be of any amount and grades prescribed by the Governor and shall be of the same number and grades as are authorized or prescribed by the laws and regulations of the United States for similar organizations of the United States Navy or as authorized or prescribed by the laws and regulations of the Navy Department for the Naval Militia. (Amended by Stats. 2018, Ch. 118, Sec. 21. (SB 1501) Effective January 1, 2019.)
  38. 290.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The Governor may appoint chief warrant officers if the commanding officer of the Naval Militia recommends them, and must give them a commission.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## 290. Chief warrant officers may be appointed by the Governor upon the recommendation of the commanding officer of the Naval Militia and shall receive from the Governor a commission in the same form as commissioned officers of the Naval Militia. (Enacted by Stats. 1935, Ch. 389.)
  39. 291.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The Adjutant General may appoint warrant officers, and must issue their warrants, when recommended by the commanding officer of the 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## 291. Warrant officers may be appointed by The Adjutant General upon the recommendation of the commanding officer of the Naval Militia. Warrants for warrant officers shall be issued by The Adjutant General upon the recommendation of the commanding officer of the Naval Militia. (Enacted by Stats. 1935, Ch. 389.)
  40. 292.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The commanding officer of the Naval Militia may appoint chief petty officers and petty officers and must issue them a warrant in proper form.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## 292. Chief petty officers and petty officers may be appointed by the commanding officer of the Naval Militia, who shall issue to such chief petty officers and petty officers a warrant in proper form. (Enacted by Stats. 1935, Ch. 389.)
  41. 293.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    When vacancies occur in commissioned personnel, the Naval Militia commanding officer must recommend up to three candidates to the Adjutant General, who must have them examined and then recommend the highest-rated candidate to the Governor for commission.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## 293. When vacancies occur in the commissioned personnel, the commanding officer of the Naval Militia shall recommend not to exceed three candidates to The Adjutant General who shall cause such candidates to be examined. The candidate receiving the highest rating in such examination shall be recommended by The Adjutant General to the Governor for commission. (Enacted by Stats. 1935, Ch. 389.)
  42. 294.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The Naval Militia’s system of discipline and exercise must match the U.S. Navy’s system, the National Guard rules in this code, and the system prescribed by the Secretary of the 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## 294. The system of discipline and exercise shall conform to that of the Navy of the United States, to the system of discipline and exercise prescribed by the provisions of this code relating to the National Guard, and to that prescribed by the Secretary of the Navy for the guidance of the Naval Militia. (Enacted by Stats. 1935, Ch. 389.)
  43. 295.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The Governor may reorganize or disband the Naval Militia and may make rules for its use, government, and instruction, but those rules must conform to U.S. Navy and Secretary of the Navy 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## 295. The Governor may alter, divide, annex, consolidate, and disband the Naval Militia or any portion thereof whenever in his judgment the efficiency of the State forces will thereby be increased. He may also make rules and regulations for the use, government, and instruction of the Naval Militia. Such rules and regulations shall conform to those governing the United States Navy and those prescribed by the Secretary of the Navy for the conduct of the Naval Militia. (Enacted by Stats. 1935, Ch. 389.)
  44. 296.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Enlisted persons entering the Naval Militia may be provided by the state with a service uniform, a dress uniform, or both.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## 296. Every enlisted person who enters the Naval Militia may be provided by the state with a service or dress uniform, or both, corresponding in make and appearance to the service or dress uniform of the United States Navy. (Amended by Stats. 2018, Ch. 118, Sec. 22. (SB 1501) Effective January 1, 2019.)
  45. 297.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Where there are too few people to form an engineer division, people in the artificer branch may be enrolled in an existing deck division until enough are available to form a separate engineer division. People in the artificer branch may also be rated for petty officer ratings they are qualified to fill, and a marine section may be organized in a locality with a deck division if there are too few people to form a marine company.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## 297. In a locality where there are insufficient persons available to form an engineer division and there already exists an organized deck division, men and women of the artificer branch may be additionally enrolled in the deck division with those ratings as they may be qualified to fill, until there is a sufficient number of them to form a separate engineer division. Any men and women in the artificer branch may be rated in the various petty officers’ ratings in the artificer branch of the naval service that they are qualified to fill. In a locality where there are insufficient persons available to form a marine company and there is already existing in that locality a deck division of the Naval Militia, a marine section may be organized with one officer and not less than twenty enlisted marines. (Amended by Stats. 1994, Ch. 114, Sec. 34. Effective January 1, 1995.)
  46. 298.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The Governor may apply to the President of the United States to request Navy officers be detailed to serve as inspectors and instructors in naval warfare.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## 298. The Governor may apply to the President of the United States for the detail of commissioned officers and petty officers of the Navy to act as inspectors and instructors in the art of naval warfare. (Enacted by Stats. 1935, Ch. 389.)
  47. 299.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Vessels lent to the State for Naval Militia use must be commanded by the resident ranking line officer at the assigned port, or by the next ranking line officer if that officer is absent.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## 299. Vessels lent by the United States to this State for the use of the Naval Militia shall be commanded by the ranking officer for line duty resident at the port to which the vessel is assigned, and in the absence of such ranking officer for line duty, by the next ranking officer for line duty. (Enacted by Stats. 1935, Ch. 389.)
  48. 3.

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

    Verify source ↗

    People who already hold office under repealed acts keep those offices if the office is continued by this code.

    ## Military and Veterans Code - MVC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 389. ) ## 3. All persons who, at the time this code goes into effect, hold office under any of the acts repealed by this code, which offices are continued by this code, shall continue to hold the same according to the former tenure thereof. (Enacted by Stats. 1935, Ch. 389.)
  49. 300.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The commanding officer of the Naval Militia may order summary courts-martial and deck courts, and the Governor may order general courts-martial.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## 300. Summary courts-martial and deck courts for the Naval Militia may be ordered by the commanding officer of the Naval Militia and general courts-martial for the Naval Militia may be ordered by the Governor and shall be organized and conducted within the laws, regulations, and usages of the United States Navy and the provisions of this division relating to military courts. The proceedings shall be reviewed and sentence executed as provided in this division. (Enacted by Stats. 1935, Ch. 389.)
  50. 301.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Qualified State Guard or Naval Militia members are entitled to an honorable discharge, and the Adjutant General must issue it on application.

    ## 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 4. The Naval Militia [280 - 301] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## 301. Any member of the State Guard or Naval Militia, who at any time after December 7, 1941, has completed or shall hereafter and prior to the end of hostilities during World War II complete a minimum period of, 90 days’ service, and shall have continuously served under honorable conditions up to the time of his separation from such organization, is entitled to receive an honorable discharge from the State Guard or Naval Militia. The Adjutant General shall issue such honorable discharge upon the application of person entitled to such discharge. In the absence of official records as to applicant’s service, applicant shall have the burden of proving his service and the decision of The Adjutant General, in case of dispute, shall be final. (Added by Stats. 1945, Ch. 258.)
  51. 320.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Pay and Allowances [320 - 329] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Officers and warrant officers on active duty for the State are entitled to the same pay and allowances as comparable U.S. Army, Air Force, and Navy 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Pay and Allowances [320 - 329] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 320. Officers and warrant officers on active duty in the service of the State shall receive the same pay and allowances as officers of similar grade in the United States Army, United States Air Force and United States Navy. All full time active duty heretofore or hereafter performed in the service of the State shall be credited for purposes of determining longevity and service within the provisions of this section and Section 340 of this code. (Amended by Stats. 1952, 1st Ex. Sess., Ch. 21.)
  52. 321.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Pay and Allowances [320 - 329] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Enlisted persons on active duty for the state must be paid the same pay and allowances as similar U.S. service members, with a minimum pay rule for E1–E4 ordered to active duty under Sections 143 or 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Pay and Allowances [320 - 329] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 321. Enlisted persons, while on active duty in the service of the state, shall receive the same pay and allowances as enlisted persons of similar grade in the United States Army, United States Air Force, and United States Navy, except that enlisted persons in the pay grade of E1 through E4 ordered to active duty pursuant to Section 143 or 146, while on active duty, shall receive not less than the minimum daily rate of pay applicable to a pay grade of E5 in the active military service of the United States. It is the intent of the Legislature that the foregoing minimum payments to enlisted persons in the pay grade of E1 through E4 may be paid from the State Emergency Fund when, in the judgment of the Director of Finance, there is a case of actual necessity for which no appropriation has been made. All full-time active duty previously or hereafter performed in the service of the state shall be credited for purposes of determining longevity and service within the provisions of this section and Section 340. (Amended by Stats. 2018, Ch. 118, Sec. 23. (SB 1501) Effective January 1, 2019.)
  53. 322.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Pay and Allowances [320 - 329] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Certain active-duty officers, warrant officers, and enlisted persons must be reimbursed for necessary travel and other expenses, subject to Section 188 exceptions and Human Resources 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Pay and Allowances [320 - 329] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 322. Officers, warrant officers, and enlisted persons on active duty in the service of the state, except in situations described in Section 188, shall be reimbursed for their necessary traveling and other expenses in accordance with the rules and regulations adopted by the Department of Human Resources. (Amended by Stats. 2018, Ch. 118, Sec. 24. (SB 1501) Effective January 1, 2019.)
  54. 323.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Pay and Allowances [320 - 329] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Qualified members of the California National Guard Weapons of Mass Destruction Civil Support Team may receive a $2,000 annual State Retention Bonus after each year of service on the team.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Pay and Allowances [320 - 329] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 323. (a) A qualified member of the California National Guard Weapons of Mass Destruction Civil Support Team, as certified by the United States Department of Defense, is eligible to receive an annual State Retention Bonus in the amount of two thousand dollars ($2,000) at the completion of each year of service on the team. (b) For purposes of this section, “qualified member” means a member of the California National Guard Weapons of Mass Destruction Civil Support Team who is certified as a hazardous materials specialist or technician under the laws of this state. (Added by Stats. 2005, Ch. 155, Sec. 1. Effective January 1, 2006.)
  55. 324.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Pay and Allowances [320 - 329] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    National Guard and Naval Militia officers and enlisted persons detailed for special duty must be paid specified military-equivalent pay and allowances, with travel expenses; some enlisted family allowances are excluded.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Pay and Allowances [320 - 329] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 324. (a) Whenever an officer of the National Guard or Naval Militia is detailed for special duty in any matter relating to the National Guard or Naval Militia, by order of the Governor, that officer shall be allowed the same pay and allowances as officers of similar grade in the United States Army and United States Navy and actual traveling expenses. An enlisted person similarly detailed shall be allowed the same pay and allowances as enlisted persons of similar grade in the United States Army and United States Navy and actual traveling expenses, except that family allowances shall not be allowed to those enlisted persons. An officer of the National Guard or Naval Militia may, with their consent, be detailed for special duty without expense to the state, provided, however, the officer may be paid actual traveling expenses. An officer of the National Guard or Naval Militia may, with their consent, be detailed for duty and may be paid compensation in a grade lower than the officer actually holds provided the officer voluntarily waives all compensation in excess of the lower grade. (b) If not inconsistent with the performance of required military duty, members of the National Guard may perform emergency services as defined in Section 18531 of the Government Code, and as provided in Section 19888 of the Government Code, and shall receive as compensation therefore the going wages paid for similar service at or near the place of performance. (Amended by Stats. 2024, Ch. 129, Sec. 24. (SB 1097) Effective January 1, 2025.)
  56. 325.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Pay and Allowances [320 - 329] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Covered service members are entitled to actual travel expenses, but not per diem, when detailed or requested for certain travel-related duty.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Pay and Allowances [320 - 329] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 325. When an officer or enlisted person of the United States Army, United States Navy, or United States Air Force, detailed by the Department of the Army, the Department of the Navy, or the Department of the Air Force for service with the National Guard or Naval Militia, is detailed by the Governor for special duty or requested to perform any duty involving travel not specially directed by the Department of the Army, the Department of the Navy, or the Department of the Air Force, the officer or enlisted person shall be allowed their actual traveling expenses, but no per diem. (Amended by Stats. 2024, Ch. 129, Sec. 25. (SB 1097) Effective January 1, 2025.)
  57. 326.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Pay and Allowances [320 - 329] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Certain military personnel may, with consent, be detailed for active duty with a security section, and the Adjutant General may maintain that section.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Pay and Allowances [320 - 329] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 326. Commissioned officers, warrant officers and enlisted persons and former commissioned officers, warrant officers and enlisted persons of the United States Army, United States Air Force, United States Navy, or any reserve component thereof, California National Guard, State Guard, California National Guard Reserve, California Defense and Security Corps, California State Guard, California Reserve and Retired List or the active militia, may, with their consent, be detailed for active duty with a security section which the Adjutant General is hereby authorized to maintain in the Adjutant General’s office. A commissioned officer, warrant officer or enlisted person who is detailed for duty as provided in this section may be paid compensation in any grade or rank lower than the person actually holds provided the commissioned officer, warrant officer or enlisted person voluntarily waives all compensation in excess of the lower grade or rank. (Amended by Stats. 2020, Ch. 97, Sec. 19. (AB 2193) Effective January 1, 2021.)
  58. 327.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Pay and Allowances [320 - 329] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Officers, warrant officers, and enlisted persons on active duty in the service of the state become eligible for health care benefits 30 days after being called to active duty.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Pay and Allowances [320 - 329] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 327. Officers, warrant officers, and enlisted persons on active duty in the service of the state shall be eligible for health care benefits 30 days after being called to active duty. (Amended by Stats. 2018, Ch. 118, Sec. 28. (SB 1501) Effective January 1, 2019.)
  59. 328.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Pay and Allowances [320 - 329] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The Military Department must provide a $125 yearly combined uniform and travel allowance to each volunteer member of the State Guard or Naval Militia after one year of satisfactory service, and then annually after each later full year.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Pay and Allowances [320 - 329] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 328. (a) The purpose of this section is to help defray the uniform and travel costs paid by volunteers in the State Guard and Naval Militia. (b) On January 1, 2007, the amount of seventy-five thousand dollars ($75,000) is hereby appropriated from the General Fund to the Military Department for the purposes of providing a combined uniform and travel allowance to each volunteer member of the State Guard or Naval Militia, on or before the last day of the month following the volunteer member’s completion of one year of satisfactory service in the State Guard or Naval Militia, and annually thereafter following the completion of any subsequent full year of satisfactory service. (c) For the purposes of this section, “satisfactory service” shall consist of 100 percent constructive attendance at training assemblies or as otherwise defined by Military Department regulations. (d) The amount of the allowance shall be one hundred twenty-five dollars ($125) per year. (Amended by Stats. 2020, Ch. 97, Sec. 20. (AB 2193) Effective January 1, 2021.)
  60. 329.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Pay and Allowances [320 - 329] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    This section creates the Military Department Workers’ Compensation Fund and directs how its money may be used.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Pay and Allowances [320 - 329] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 329. The Military Department Workers’ Compensation Fund is hereby created within the State Treasury. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated to the Military Department for purposes of subdivision (a). (a) The moneys in the fund shall be expended for workers’ compensation claims that are wholly or partially reimbursed by the federal government for personnel within the Military Department. (b) The fund may receive and deposit any moneys received from the federal government for the sole purpose of paying workers’ compensation claims of current employees or service members. (c) Moneys in the fund may only be expended by the Military Department for workers’ compensation claims. (Added by Stats. 2017, Ch. 17, Sec. 24. (AB 103) Effective June 27, 2017.)
  61. 330.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Organization Allowances [330 - 333] ( Article 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Commanding officers must submit vouchers or claims for necessary expenses.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Organization Allowances [330 - 333] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 330. The commanding officers of the several companies, troops, batteries, squadrons, headquarters or detachments shall submit vouchers or claims for necessary expenses including armory rental, janitor service, clerical service, recruiting, care of arms and equipment, and other incidental expenses. Expenses incurred for these purposes shall upon the approval of the Adjutant General constitute valid claims against appropriations for military purposes. (Repealed and added by Stats. 1947, Ch. 330.)
  62. 333.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Organization Allowances [330 - 333] ( Article 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Claims under this article are allowed only if supported by vendors’ invoices or by a quarterly duplicate demand that is signed, sworn, routed through the required headquarters chain, and approved by each commanding officer.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Organization Allowances [330 - 333] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 333. No claim shall be allowed under this article except upon vendors’ invoices or demand made quarterly in duplicate, signed and sworn to by the officer claiming the same, before any officer of the National Guard or Naval Militia, or notary public, and forwarded through the headquarters of the regiment, coast artillery corps, separate battalion, or next higher unit, or separate squadron, with the approval of each commanding officer through whose headquarters they are required to pass, direct to The Adjutant General. (Amended by Stats. 1945, Ch. 1183.)
  63. 340.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Casualty Insurance [340 - 342] ( Article 3 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Certain militia members injured or killed in state active service receive Labor Code compensation, with limits and a special entitlement for full-time Office of the Adjutant General duty-related disability or death.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Casualty Insurance [340 - 342] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 340. (a) Subject to Section 340.1, whenever any officer, warrant officer, or enlisted member of the California National Guard, the organized militia, or the unorganized militia, when called into the active service of the state, pursuant to Section 142, 143, or 146, is wounded, injured, disabled, or killed in the active service of the state in the line of duty, the member or the member’s dependents shall receive compensation under Division 4 (commencing with Section 3201) of the Labor Code. For these purposes, the member is deemed to be an employee of the state. The compensation shall be based on the member’s average income from all sources during the year immediately preceding the date of wounding, injury, death, or the commencement of disability and shall not exceed the maximum prescribed in Division 4 (commencing with Section 3200) of the Labor Code. (b) For the purposes of this article, any officer, warrant officer, or enlisted member performing military duty of any nature pursuant to Title 32 or Title 10 of the United States Code shall not be entitled to benefits described in subdivision (a) or in Section 340.1. (c) Notwithstanding subdivision (a), any officer, warrant officer, or enlisted member on full-time active duty with the Office of the Adjutant General who suffers disability or death in the line of duty from either injury or disease is entitled to receive, from the state, benefits or compensation for that disability or death comparable to that provided to members of the United States armed forces on active duty. (Amended by Stats. 2006, Ch. 538, Sec. 496. Effective January 1, 2007.)
  64. 340.1.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Casualty Insurance [340 - 342] ( Article 3 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Certain California National Guard and militia members injured in active state service may be kept on active duty and paid for up to 52 weeks, unless an exception applies. After that, an eligible member who still cannot return to civilian work may receive Labor Code compensation.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Casualty Insurance [340 - 342] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 340.1. (a) Any officer, warrant officer, or enlisted member of the California National Guard, the organized militia, or the unorganized militia, when called into the active service of the state, pursuant to Sections 142, 143, or 146, except an officer, warrant officer, or enlisted member on full-time duty with the Office of the Adjutant General, who is wounded, injured, or disabled in the active service of the state in the line of duty shall be retained on active duty and shall receive regular military pay and allowances for not to exceed 52 weeks from the date of wounding, injury, or disability, regardless of the date of expiration of the period of state active duty, unless any of the following occurs: (1) The member becomes entitled to disability compensation through any private or other public employer. (2) The member is able to return to their regular civilian employment, as determined by proper authority. (3) The member requests an earlier release from active duty. (b) A member who has received benefits under subdivision (a) and who is unable to return to their regular civilian employment following 52 weeks after the date of wounding, injury, or disability is entitled to compensation under Division 4 (commencing with Section 3201) of the Labor Code, pursuant to Section 340. (Amended by Stats. 2024, Ch. 129, Sec. 26. (SB 1097) Effective January 1, 2025.)
  65. 340.2.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Casualty Insurance [340 - 342] ( Article 3 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Certain California militia members are entitled to Section 340.1 benefits if they are called to active state service, transferred to another state or local agency for active-service needs, and wounded, injured, or disabled in the line of duty.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Casualty Insurance [340 - 342] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 340.2. Any officer, warrant officer, or enlisted member of the California National Guard, the organized militia, or the unorganized militia, when called into the active service of the state, pursuant to Sections 142, 143, or 146, who, while in that active service, is transferred by the California National Guard or other military authority to any other state or local agency for purposes of fulfilling active service requirements pursuant to either a mutual aid agreement or an interagency agreement and is wounded, injured, or disabled in the line of duty, is entitled to the benefits provided under Section 340.1. (Amended by Stats. 1993, Ch. 287, Sec. 3. Effective January 1, 1994.)
  66. 341.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Casualty Insurance [340 - 342] ( Article 3 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    When benefits are determined under Section 340, the member’s average yearly earnings are conclusively treated as at least $2,500, and injury, death, or disability is treated as having occurred in line of duty unless caused by misconduct or disobedience of lawful orders.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Casualty Insurance [340 - 342] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 341. In the determination of the benefits to be awarded any member of the militia or his dependents under the provisions of Section 340, it shall be conclusively presumed that the average yearly earning of such injured or deceased member is not less than two thousand five hundred dollars ($2,500). Any injury, death, or disability shall be deemed to have been suffered in line of duty unless the same resulted from misconduct or disobedience of lawful orders by the injured or deceased member. (Amended by Stats. 1952, 1st Ex. Sess., Ch. 22.)
  67. 342.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Casualty Insurance [340 - 342] ( Article 3 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The appeals board may hear and decide certain benefit-related issues, and it must use the same procedures as workers’ compensation claims under the Labor 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Casualty Insurance [340 - 342] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 342. The appeals board is empowered to hear and determine all issues concerning any obligation of the State of California to provide to any officer, warrant officer, or enlisted person on active duty with the Office of the Adjutant General any rights or benefits provided in Section 3, Public Law 108, Chapter 225, 81st Congress, First Session, and any and all issues arising under or in connection with that law. In doing so, the appeals board shall follow the same procedures in all respects as are provided in Division 4 (commencing with Section 3200) of the Labor Code for the determination of workers’ compensation claims. The orders, decisions, and awards of the appeals board issued in exercising this jurisdiction are subject to review and rehearing in the manner provided in Sections 5900 to 5956, inclusive, of the Labor Code. (Amended by Stats. 2018, Ch. 118, Sec. 29. (SB 1501) Effective January 1, 2019.)
  68. 345.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 4. State Militia Disability Equality Act [345 - 346] ( Article 4 added by Stats. 2005, Ch. 319, Sec. 2. )

    Verify source ↗

    This section names the article the State Militia Disability Equality Act and says it may be cited that way.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 4. State Militia Disability Equality Act [345 - 346] ( Article 4 added by Stats. 2005, Ch. 319, Sec. 2. ) ## 345. This article shall be known and may be cited as the State Militia Disability Equality Act. (Added by Stats. 2005, Ch. 319, Sec. 2. Effective January 1, 2006.)
  69. 346.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 4. State Militia Disability Equality Act [345 - 346] ( Article 4 added by Stats. 2005, Ch. 319, Sec. 2. )

    Verify source ↗

    The Military Department must determine certain disability benefit amounts for eligible California National Guard or organized militia members, and may provide the difference if the state amount is lower and funds are appropriated.

    ## 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 5. Compensation, Allowance, and Insurance [320 - 346] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 4. State Militia Disability Equality Act [345 - 346] ( Article 4 added by Stats. 2005, Ch. 319, Sec. 2. ) ## 346. (a) When any officer, warrant officer, or enlisted member of the California National Guard or the organized militia who is not in active service in this state is wounded, injured, or disabled in the line of duty when performing military duty of any nature under Title 10 or Title 32 of the United States Code, the Military Department shall determine both of the following amounts: (1) The amount of disability benefits to which a member of the United States Armed Forces of the same or equivalent rank would be entitled from the federal government as a result of a comparable wound, injury, or disability. (2) The amount of disability benefits to which the officer, warrant officer, or enlisted member is entitled from the federal government as a result of the wound, injury, or disability. (b) If the Military Department determines that the amount described in paragraph (1) of subdivision (a) is greater than the amount described in paragraph (2) of subdivision (a), that department shall, upon an appropriation of funds to the department by the Legislature for this purpose, provide to the officer, warrant officer, or enlisted member an amount equal to the difference between those two amounts. (Added by Stats. 2005, Ch. 319, Sec. 2. Effective January 1, 2006.)
  70. 360.

    ## 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The discipline and exercise system for the National Guard, unorganized militia when called into state service, and the Naval Militia must generally follow the Army, Navy, Air Force, and applicable U.S. laws, unless this code provides אחרת.

    ## 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. ) ## 360. The system of discipline and exercise of the National Guard, unorganized militia when called into the service of the State, and the Naval Militia shall conform generally to that of the Army of the United States, the United States Navy and the United States Air Force, and to the provisions of the laws of the United States, except as otherwise provided in this code. (Amended by Stats. 1949, Ch. 612.)
  71. 361.

    ## 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Matters about the organization, discipline, and government of certain militia forces are to be decided using the custom and usage of the U.S. Army, U.S. Air Force, and U.S. 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. ) ## 361. All matters relating to the organization, discipline, and government of the National Guard, the unorganized militia when called into the service of the State, and Naval Militia not otherwise provided for in this code or in the general regulations, shall be decided by the custom and usage of the United States Army, United States Air Force and United States Navy. (Amended by Stats. 1949, Ch. 612.)
  72. 362.

    ## 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    All commanding officers must be responsible to their immediate commanders for the equipment, drill, instruction, movements, and efficiency of their commands.

    ## 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. ) ## 362. All commanding officers shall be responsible to their immediate commanders for the equipment, drill, instruction, movements, and efficiency of their respective commands. (Enacted by Stats. 1935, Ch. 389.)
  73. 363.

    ## 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Officers and enlisted persons must obey lawful orders and are responsible for performing duty and protecting government or military property in their possession.

    ## 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. ) ## 363. Every officer and enlisted person shall be responsible to the officer under whose immediate command they serve for prompt and unhesitating obedience to lawful orders, faithful performance of duty, and the preservation and proper use of the property in their possession that belongs to the United States, the State of California, or the appropriate military organization. Each officer and enlisted person shall at all times, without equivocation, obey the lawful orders of their superior officers. (Amended by Stats. 2024, Ch. 129, Sec. 27. (SB 1097) Effective January 1, 2025.)
  74. 364.

    ## 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Officers or enlisted members of the National Guard or Naval Militia commit a misdemeanor if they willfully miss parade or encampment, disobey lawful orders, fail required military duties, use disrespectful language, or act insubordinately.

    ## 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. ) ## 364. Any officer or enlisted person of the National Guard or Naval Militia who willfully fails to attend any parade or encampment, or who neglects or refuses to obey the lawful command of their superior officer on any day of parade or encampment, or who fails to perform any military duty that may be lawfully required of them, or who uses disrespectful language toward their superior officer or commits any act of insubordination, is guilty of a misdemeanor. (Amended by Stats. 2024, Ch. 129, Sec. 28. (SB 1097) Effective January 1, 2025.)
  75. 365.

    ## 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    When an armed force is placed under a civil officer’s temporary direction, it must obey that officer’s orders only as to the overall object to be accomplished.

    ## 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. ) ## 365. When an armed force is called out for the purpose of suppressing an unlawful or riotous assembly, or arresting the offenders, or in any emergency or under the provisions of Sections 128, 143, or 146 of this code, and is placed under the temporary direction of any civil officer, it shall obey the orders of such civil officer which extend only to the direction of the general or specific object to be accomplished. The tactical direction of the troops, the kind and extent of force to be used, and the particular means to be employed to accomplish the object specified by the civil officer are left solely to the commanding officer of the active militia on duty or to the commanding officer of the unorganized militia called to the service of the State. (Amended by Stats. 1947, Ch. 393.)
  76. 366.

    ## 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    When specified militia forces are on active service, the commanding officer must use his own discretion about whether to attack or fire on a mob or unlawful assembly.

    ## 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. ) ## 366. Whenever any portion of the National Guard, or of the unorganized militia when called into the service of the State, or Naval Militia is called into active service to suppress an insurrection or rebellion, to disperse a mob, or in an emergency or in any of the cases provided for in Sections 128, 143, or 146 of this code, or to enforce the execution of the laws of the State or of the United States, the commanding officer shall use his own discretion with respect to the propriety of attacking or firing upon any mob or unlawful assembly, or of attacking or using fire power in the military situation present. His honest and reasonable judgment in the exercise of his duty shall be full protection, civilly and criminally, for any act or acts done while on duty. (Amended by Stats. 1947, Ch. 155.)
  77. 367.

    ## 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    An officer called out to support civil authorities must not fire blank cartridges at a mob or unlawful assemblage.

    ## 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. ) ## 367. No officer who is called out to sustain the civil authorities shall, under any pretense, or in compliance with any order, fire blank cartridges upon any mob or unlawful assemblage, under penalty of being dismissed. (Enacted by Stats. 1935, Ch. 389.)
  78. 368.

    ## 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Military units must meet minimum annual drill, instruction, and exercise requirements, unless excused by the Governor or another competent authority. The commanding officer of a unit may also require additional parade, drill, and instruction meetings.

    ## 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. ) ## 368. (a) Each company, troop, squadron, battery, detachment, and unit shall assemble for drill and instruction, including indoor target practice, not less than forty-eight times each year unless excused by the Governor or other competent authority, and shall in addition thereto participate in encampments, maneuvers, or other exercises, including outdoor target practice, for at least fifteen consecutive days in each year unless excused by competent authority. (b) In addition to the drills and periods of duty specified in subdivision (a), the commanding officer of any unit may require the officers and enlisted persons of their command to meet for parade, drill, and instruction at the times and places as they may appoint. (Amended by Stats. 2024, Ch. 129, Sec. 29. (SB 1097) Effective January 1, 2025.)
  79. 369.

    ## 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    An organization of the active militia must not drill or parade on election day at its station, unless one of the listed emergencies applies.

    ## 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. ) ## 369. No parade or drill of the active militia shall be ordered in time of peace for any day during which any general election is held, nor shall any organization of the active militia drill or parade on the day during which an election is held at the place where the organization is stationed, except in cases of riot, invasion, insurrection, or imminent danger thereof, or in cases of public calamity or catastrophe. (Amended by Stats. 1949, Ch. 536.)
  80. 370.

    ## 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Orders for duty may be given orally, in writing, or by publication.

    ## 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. ) ## 370. Orders for duty may be oral, written, or by publication. (Enacted by Stats. 1935, Ch. 389.)
  81. 371.

    ## 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Warning for duty may be given by an officer, a noncommissioned officer, or another authorized person.

    ## 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. ) ## 371. Warning for duty may be given by any officer or noncommissioned officer or any other person authorized so to do. (Enacted by Stats. 1935, Ch. 389.)
  82. 372.

    ## 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Officers and enlisted persons may be warned for duty using several notice methods, including reading, delivery, leaving a copy, registered mail, posting, or newspaper publication.

    ## 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. ) ## 372. Officers and enlisted persons may be warned for duty by stating the substance of the order, by reading the order to the person warned, by delivering a copy of the order to that person, by leaving a copy of the order at the last known place of abode or business of that person with some person of the age of discretion, or by sending a copy of the order or its substance to that person by registered mail directed to the enlisted person at his or her last known place of abode or business or to the post office nearest thereto. In addition to or in lieu of the foregoing, notice may be given by posting a copy of the order at the entrance to the nearest post office to the military or naval headquarters issuing the order, at the entrances of the city hall or county courthouse of the city or county where the headquarters are located, and by causing a copy of the warning order to be published in a newspaper of general circulation in that county. (Amended by Stats. 2018, Ch. 118, Sec. 33. (SB 1501) Effective January 1, 2019.)
  83. 373.

    ## 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The person who gives the warning for duty must make a return listing who was warned and the time, place, and manner of the warning, and the return must be verified by oath.

    ## 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. ) ## 373. The person giving the warning for duty shall make a return thereof containing the names of the persons warned and the time, place, and the manner of the warning. The return shall be verified by his oath. Such verified return shall be as good evidence of the facts therein stated on the trial of any person returned as a delinquent as if the person making such return were present and testified. (Enacted by Stats. 1935, Ch. 389.)
  84. 374.

    ## 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Every commanding officer must report each delinquent’s name and any extenuating circumstances 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. ) ## 374. Every commanding officer shall report to The Adjutant General the name of every delinquent together with a full report of any extenuating circumstances. (Enacted by Stats. 1935, Ch. 389.)
  85. 375.

    ## 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Active militia officers and enlisted persons not in U.S. service remain subject to the code when outside the state under the Governor’s order or authorization.

    ## 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 6. Discipline and Exercise [360 - 375] ( Chapter 6 enacted by Stats. 1935, Ch. 389. ) ## 375. Officers and enlisted persons of the active militia not in the service of the United States shall be subject to and governed by this code while outside this state under the order or authorization of the Governor under Section 142 in like manner and to the same extent as when on duty within this state under orders of the Governor. Military courts may be convened and held outside the state with the same jurisdiction and power of punishment as if held within the state. Offenses and delinquencies committed outside the state may be tried and punished either within or without the state after the termination of the duty. (Amended by Stats. 2018, Ch. 118, Sec. 34. (SB 1501) Effective January 1, 2019.)
  86. 389.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    This section defines several terms used in the chapter, including temporary military leave of absence, public employee, public agency, armed forces, and recognized military 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. ) ## 389. (a) As used in this chapter, “temporary military leave of absence” means a leave of absence from public employment to engage in ordered military duty for a period which by the order is not to exceed 180 calendar days including travel time for purposes of active military training, encampment, naval cruises, special exercises or like activity as a member of the reserve corps or force of the armed forces of the United States, or the National Guard, or the Naval Militia. (b) “Public employee” means any officer or employee of a public agency, except for those officers or employees of the state subject to the provisions of Chapter 11 (commencing with Section 19770) of Part 2 of Division 5 of Title 2 of the Government Code. (c) “Public agency” means the state, or any county, city and county, city, municipal corporation, school district, irrigation district, water district, or other district. (d) “Armed forces” or “armed forces of the United States” means the “armed forces” as defined in Section 18540 of the Government Code. (e) “Recognized military service” means service as defined in Section 18540.3 of the Government Code. (Amended by Stats. 1973, Ch. 174.)
  87. 390.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    People in the active state militia, or doing military duty at the Governor’s or President’s call, are exempt from arrest on civil process while traveling to, staying at, or returning from required military duty.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. ) ## 390. No person belonging to or on duty with the active militia of the state, or engaged in the performance of military duty on call of the Governor or in pursuance of an order of the President of the United States shall be arrested on any civil process while going to, remaining at, or returning from any place at which he may be required to attend for military duty. (Amended by Stats. 1967, Ch. 1188.)
  88. 391.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Active militia members on active military orders are exempt from road tax, head tax, jury duty, and service on a posse comitatus if they provide the required military order or commander/Judge Advocate letter.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. ) ## 391. Every member of the active militia, on active military orders, shall be exempt from road tax and head tax of every description, from jury duty, including service on coroners’ juries, and from service on any posse comitatus, if the member furnishes a copy of their active military orders or a letter from their immediate commanding officer or the Office of the Staff Judge Advocate. (Repealed and added by Stats. 2024, Ch. 129, Sec. 31. (SB 1097) Effective January 1, 2025.)
  89. 392.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Members of the state militia in active service are not civilly or criminally liable for acts done in the performance of their duty.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. ) ## 392. (a) Members of the militia in the active service of the state shall not be liable civilly or criminally for any act or acts done by them in the performance of their duty. (b) Subdivision (a) shall not apply to any act or acts by members of the militia in the active service of the state done by them outside the performance of their military duty, including, but not limited to, sexual assault, as defined in Section 470.5, and sexual harassment, as defined in Section 475. (Amended by Stats. 2021, Ch. 183, Sec. 3. (SB 352) Effective January 1, 2022.)
  90. 393.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    In covered cases, the defendant may deny generally, and a winning defendant recovers treble costs. Civil cases must be defended by the Attorney General, while criminal cases must be defended by the senior judge advocate or a judge advocate designated 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. ) ## 393. (a) In an action or proceeding of any nature commenced in any court against an active member of the militia or a member of the militia in active service in pursuance of an order of the President of the United States as a result of a state emergency for an act done by such member in an official capacity in the discharge of duty, or an alleged omission to do an act which it was the member’s duty to perform, or against any person acting under the authority or order of an officer or by virtue of a warrant issued by an officer pursuant to law: (1) The defendant in all cases may make a general denial and give special matter in evidence. (2) A defendant in whose favor a final judgment is rendered in any such action or proceeding shall recover treble costs. (b) The Attorney General shall defend such active member or person where the action or proceeding is civil. The senior judge advocate on the state staff or one of the judge advocates shall defend such active member or person where the action or proceeding is criminal, and the Adjutant General shall designate the senior judge advocate on the state staff, or one of the judge advocates, to defend such active member or person. (c) In the event such active member or person is not indemnified by the federal government, Section 825 of the Government Code shall apply to such active member or person. (Amended by Stats. 1980, Ch. 114.)
  91. 394.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    This section prohibits discrimination against military and naval service members in employment, access to public places, and lending, and it sets misdemeanor and civil liability for violations.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. ) ## 394. (a) A person shall not discriminate against a member of the military or naval forces of the state or of the United States because of that membership. A member of the military forces shall not be prejudiced or injured by a person, employer, or officer or agent of a corporation, company, or firm in terms, conditions, or privileges with respect to that member’s employment, position or status or be denied or disqualified for employment by virtue of membership or service in the military forces of this state or of the United States. (b) An officer or employee of the state, or of any county, city and county, municipal corporation, or district shall not discriminate against a member of the military or naval forces of the state or of the United States because of that membership. A member of the military forces shall not be prejudiced or injured by an officer or employee of the state, or of any county, city and county, municipal corporation, or district in terms, conditions, or privileges with respect to that member’s employment, appointment, position, or status or be denied or disqualified for or discharged from that employment or position by virtue of membership or service in the military forces of this state or of the United States. (c) A person shall not prohibit or refuse entrance to a member of the Armed Forces of the United States or of the military or naval forces of this state into any public entertainment or place of amusement or into any of the places described in Sections 51 and 52 of the Civil Code because that member wears the uniform of the organization to which the member belongs. (d) An employer or officer or agent of a corporation, company, or firm, or other person, shall not discharge a person from employment because of the performance of any ordered military duty or training or by reason of being a member of the military or naval forces of this state or of the federal reserve components of the Armed Forces of the United States, or hinder or prevent that person from performing any military service or from attending any military encampment or place of drill or instruction the person may be called upon to perform or attend by proper authority; prejudice or harm the person in any manner in the person’s terms, conditions, or privileges of employment, position, or status by reason of performance of military service or duty or attendance at military encampments or places of drill or instruction; or dissuade, prevent, or stop any person from enlistment or accepting a warrant or commission in the California National Guard, State Guard, or Naval Militia or the federal reserve components of the Armed Forces of the United States by threat or injury to the person in respect to the person’s terms, conditions, or privileges of employment, position, status, trade, or business because of enlistment or acceptance of a warrant or commission. (e) (1) A private employer or officer or agent of a corporation, company, or firm, or other person, shall not restrict or terminate any collateral benefit for employees by reason of an employee’s temporary incapacitation incident to duty in the National Guard, State Guard, or Naval Militia or the federal reserve components of the Armed Forces of the United States. As used in this subdivision, “temporary incapacitation” means any period of incapacitation of 52 weeks or less. (2) As used in this subdivision, “benefit” includes, but is not limited to, health care which may be continued at the employee’s expense, life insurance, disability insurance, and seniority status. (f) A person who provides lending or financing shall not discriminate against a person with respect to the terms of a loan or financing, including, but not limited to, the finance charge, based on that person’s membership in the military or naval forces of this state or of the United States. With respect to a loan or credit transaction covered by Section 987 of Title 10 of the United States Code, as amended by 126 Stat. 1785 (Public Law 112-239), and Part 232 (commencing with Section 232.1) of Subchapter M of Chapter I of Subtitle A of Title 32 of the Code of Federal Regulations, as amended as published on July 22, 2015, on Page 43560 in Number 140 of Volume 80 of the Federal Register, a person that does not market or extend those transactions to covered borrowers shall not be in violation of this section. For purposes of this section, a covered borrower has the same meaning as provided for in Part 232 (commencing with Section 232.1) of Subchapter M of Chapter I of Subtitle A of Title 32 of the Code of Federal Regulations, as amended on the date described in this subdivision. (g) A person violating this section is guilty of a misdemeanor. In addition, a person violating any of the provisions of this section shall be liable for actual damages and reasonable attorney’s fees incurred by the injured party. (h) The remedies provided for in this section are not intended to be exclusive but are in addition to the remedies provided for in other laws, including Sections 51 and 52 of the Civil Code. (Amended by Stats. 2020, Ch. 97, Sec. 21. (AB 2193) Effective January 1, 2021.)
  92. 394.5.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Covered employees who are reserve or National Guard/Naval Militia members are entitled to unpaid temporary leave for ordered military duty, up to 17 calendar days each year.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. ) ## 394.5. Any employee of any corporation, company, or firm, or other person, who is a member of the reserve corps of the armed forces of the United States or of the National Guard or the Naval Militia shall be entitled to a temporary leave of absence without pay while engaged in military duty ordered for purposes of military training, drills, encampment, naval cruises, special exercises or like activity as such member, providing that the period of ordered duty does not exceed 17 calendar days annually including time involved in going to and returning from such duty. (Added by Stats. 1957, Ch. 469.)
  93. 395.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Certain public employees in the reserves, National Guard, or Naval Militia are entitled to temporary military leave and related reinstatement rights.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. ) ## 395. (a) Any public employee who is a member of the reserve corps of the Armed Forces of the United States or of the National Guard or the Naval Militia is entitled to a temporary military leave of absence as provided by federal law while engaged in military duty ordered for purposes of active military training, inactive duty training, encampment, naval cruises, special exercises, or like activity, providing that the period of ordered duty does not exceed 180 calendar days, including time involved in going to and returning from that duty. (b) Notwithstanding subdivision (a), a local public agency may, but is not required to, provide paid military leave of absence for periods of inactive duty training. (c) The employee has an absolute right to be restored to the former office or position and status formerly had by them in the same locality and in the same office, board, commission, agency, or institution of the public agency upon the termination of temporary military duty. If the office or position has been abolished or otherwise has ceased to exist during their absence, the employee shall be reinstated to a position of like seniority, status, and pay if a position exists, or if no position exists the employee shall have the same rights and privileges that they would have had if they had occupied the position when it ceased to exist and had not taken temporary military leave of absence. (d) Any public employee who has been in the service of the public agency from which the leave is taken for a period of not less than one year immediately prior to the date upon which a temporary military leave of absence begins, shall receive the same vacation, sick leave, and holiday privileges and the same rights and privileges to promotion, continuance in office, employment, reappointment to office, or reemployment that the employee would have enjoyed had they not been absent, except that an uncompleted probationary period, if any, in the public agency, shall be completed upon reinstatement as provided by law or rule of the agency. For the purposes of this section, in determining the one year of service in a public agency, all service of the employee in recognized military service shall be counted as public agency service. (e) If this section is in conflict with a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the memorandum of understanding requires the expenditure of funds, it shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2024, Ch. 129, Sec. 32. (SB 1097) Effective January 1, 2025.)
  94. 395.01.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Certain public employees on qualifying temporary military leave are entitled to salary for the first 30 calendar days, and a local public agency may choose to pay during inactive duty training.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. ) ## 395.01. (a) Any public employee who is on temporary military leave of absence for military duty ordered for purposes of active military training, inactive duty training, encampment, naval cruises, special exercises, or like activity as such member, provided that the period of ordered duty does not exceed 180 calendar days including time involved in going to and returning from the duty, and who has been in the service of the public agency from which the leave is taken for a period of not less than one year immediately prior to the day on which the absence begins, is entitled to receive their salary or compensation as a public employee for the first 30 calendar days of the absence. Pay for those purposes may not exceed 30 days in any one fiscal year. For the purposes of this section, in determining the one year of public agency service, all service of a public employee in the recognized military service shall be counted as public agency service. (b) Notwithstanding subdivision (a), a local public agency may, but is not required to, pay an employee during a period of inactive duty training. (c) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4, of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2024, Ch. 129, Sec. 33. (SB 1097) Effective January 1, 2025.)
  95. 395.02.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Certain public-agency officers and employees on qualifying military leave are entitled to salary or compensation for the first 30 calendar days of ordered military duty.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. ) ## 395.02. Every officer and employee of a public agency who is on military leave other than temporary military leave of absence who has been in the service of such public agency for a period of not less than one year immediately prior to the date on which the absence begins shall be entitled to receive his salary or compensation as such officer or employee for the first 30 calendar days while engaged in the performance of ordered military duty. As used in this section only, the terms “officer” and “employee” mean an officer or employee who (a) Is ordered into active military duty as a member of a reserve component of the armed forces of the United States; (b) Is ordered into active federal military duty as a member of the National Guard or Naval Militia; or (c) Is inducted, enlists, enters or is otherwise ordered or called into active duty as a member of the armed forces of the United States. (Added by Stats. 1951, Ch. 1561.)
  96. 395.03.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Pay allowed under Sections 395.01 or 395.02 is capped at 30 calendar days for one military leave of absence or one fiscal year, unless a public agency resolution or memorandum of understanding authorizes otherwise.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. ) ## 395.03. No more than the pay for a period of 30 calendar days shall be allowed under the provisions of Section 395.01 or 395.02 for any one military leave of absence or during any one fiscal year, except as otherwise authorized by resolution of the legislative body of a public agency or as provided in a memorandum of understanding reached with an employee organization pursuant to Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code. (Amended by Stats. 2000, Ch. 928, Sec. 3. Effective January 1, 2001.)
  97. 395.04.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Certain California National Guard officers or enlisted persons are entitled to salary, pay, and compensation under Sections 320 and 321 when they meet the listed service conditions.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. ) ## 395.04. During the time that as an officer or enlisted person of the California National Guard, who is on full-time active duty in the military service of the state, and is engaged, with the approval of the Adjutant General, in the military service of the state in attendance at drills, camps, or special exercises, sponsored by federal authority or by the United States Department of Defense, as a member of the National Guard of the United States, he or she shall receive salary, pay, and compensation as provided in Sections 320 and 321. (Amended by Stats. 2018, Ch. 118, Sec. 35. (SB 1501) Effective January 1, 2019.)
  98. 395.05.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    A public employee who is a National Guard member may take protected absence for ordered military or naval duty, and may receive salary or compensation for up to 30 calendar days, with protections against loss of vacation, holiday, promotion, or reemployment rights.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. ) ## 395.05. (a) Any public employee who is a member of the National Guard, shall be entitled to absent himself from his duties or service, without regard to the length of his public service, while engaged in the performance of ordered military or naval duty and while going to and returning from such duty, provided such duty is performed during such time as the Governor may have issued a proclamation of a state of extreme emergency or during such time as the National Guard may be on active duty in one or more of the situations described or included in Section 146 of this code provided such absence does not exceed the duration of such emergency. During the absence of such officer or employee while engaged in such military service during such emergency and while going to and returning from such duty, and for a period not to exceed 30 calendar days, he shall receive his salary or compensation as such officer or employee and shall not be subjected by any person directly or indirectly by reason of such absence to any loss or diminution of vacation or holiday privilege or be prejudiced by reason of such absence with reference to promotion or continuance in office, employment, reappointment to office, or reemployment. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1979, Ch. 1072.)
  99. 395.06.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    A private employer must treat eligible former National Guard employees as having been on leave during service, restore them to work in specified cases, and avoid discharging them without cause for one year after restoration.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. ) ## 395.06. (a) A private employer shall consider a former employee who meets the requirements of subdivision (b) as having been on a leave of absence during any period of the former employee’s active service in the National Guard of any state, and is subject to both of the following: (1) If the former position was a full-time position, and not a temporary position, the former employer shall restore the former employee to the former position or to a position of similar seniority, status, and pay without loss of retirement or other benefits, unless the employer’s circumstances have so changed as to make it impossible or unreasonable to do so, and shall not discharge the former employee from the position without cause within one year after restoring them to the position. (2) If the position was a part-time position and not a temporary position, the former employer shall restore the former employee to the former position, or to a position of similar seniority, status, and pay, if any exists, and shall not discharge the former employee from the position without cause within one year after restoring them to the position. (b) To be eligible for the employment protections specified in paragraph (1) of subdivision (a), the former employee shall meet all of the following requirements: (1) They are an officer or enlisted member of the National Guard of any state. (2) They were called to active duty by the Governor of the state where they serve in the National Guard or by the President of the United States. (3) They received a certificate of satisfactory service in the National Guard of the state where they serve in the National Guard. (4) They are still qualified to perform the duties of the position. (5) If they left a full-time position, they made application for reemployment within 40 days of being released from service. If they left part-time employment, they made application for reemployment within five days of being released from service. (c) If any employer fails or refuses to comply with this section, the superior court of the county in which the employer maintains a place of business may, upon the filing of a motion, petition, or other appropriate pleading by the person entitled to the benefits of this section, specifically require the employer to comply with this section and compensate the person for any loss of wages or benefits suffered by reason of the employer’s unlawful action. The court shall order a speedy hearing and shall advance it on the calendar. Upon application to the district attorney of the county in which the employer maintains a place of business by any person claiming to be entitled to the benefits of this section, the district attorney, if reasonably satisfied that the person is entitled to these benefits, shall appear and act as attorney for the person in the amicable adjustment of the claim or in the filing of any motion, petition, or other appropriate pleading and the prosecution thereof to specifically require the employer to comply with this section. Fees or court costs shall not be required to be paid by the person applying for these benefits. (d) Upon application to the city prosecutor of the city in which the employer maintains a place of business by any person claiming to be entitled to the benefits of this section, the city prosecutor, if reasonably satisfied that the person is entitled to these benefits, may appear and act as attorney for the person in the amicable adjustment of the claim or in the filing of any motion, petition, or other appropriate pleading and the prosecution thereof to specifically require the employer to comply with this section. Fees or court costs shall not be required to be paid by the person applying for these benefits. (Amended by Stats. 2024, Ch. 129, Sec. 34. (SB 1097) Effective January 1, 2025.)
  100. 395.07.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Covered state officers and employees called to active duty for the Iraq-Kuwait crisis are entitled to state compensation and benefits for up to 180 days, and must repay the compensation as a loan with interest if they do not return to state service within 60 days after release.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. ) ## 395.07. (a) In addition to the benefits provided pursuant to Sections 395.01 and 395.02, any officer or employee of the legislative, executive, or judicial department of the state, who, as a member of the California National Guard or a United States Military Reserve organization, is called into active duty as a result of the Iraq-Kuwait crisis on or after August 2, 1990, shall have the benefits provided for in subdivision (b). (b) Any officer or employee to which subdivision (a) applies, while on active duty, shall, with respect to active duty served on or after August 2, 1990, receive from the state, for a period not to exceed 180 calendar days, as part of their compensation, both of the following: (1) The difference between the amount of their military pay and allowances and the amount the officer or employee would have received as a state officer or employee, including any merit raises which would otherwise have been granted during the time the individual was on active duty. (2) All benefits that they would have received had they not been called to active duty unless the benefits are prohibited or limited by vendor contracts. (c) Any individual receiving compensation pursuant to subdivision (b) who does not return to state service within 60 days of being released from active duty shall have that compensation treated as a loan payable with interest at the rate earned on the Pooled Money Investment Account. This subdivision shall not apply to compensation received pursuant to Section 395.02. (d) This section shall not apply to any active duty served voluntarily after the close of the Iraq-Kuwait crisis. (Amended by Stats. 2024, Ch. 129, Sec. 35. (SB 1097) Effective January 1, 2025.)
  101. 395.08.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Certain California state officers and employees called to Bosnia-related active duty must receive make-up pay and benefits for up to 180 days, with some limits and exceptions.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. ) ## 395.08. (a) In addition to the benefits provided pursuant to Sections 395.01 and 395.02, any officer or employee of the legislative, executive, or judicial department of the state, who, as a member of the California National Guard or a United States Military Reserve organization, is called into active duty as a result of the Bosnia crisis on or after November 21, 1995, shall have the benefits provided for in subdivision (b). (b) Any officer or employee to which subdivision (a) applies, while on active duty, shall, with respect to active duty served on or after November 21, 1995, as a result of the Bosnia crisis, receive from the state, for a period not to exceed 180 calendar days, as part of their compensation, both of the following: (1) The difference between the amount of their military pay and allowances and the amount the officer or employee would have received as a state officer or employee, including any merit raises that would otherwise have been granted during the time the individual was on active duty. (2) All benefits that they would have received had they not been called to active duty unless the benefits are prohibited or limited by vendor contracts. (c) Any individual receiving compensation pursuant to subdivision (b) who does not return to state service within 60 days of being released from active duty shall have that compensation treated as a loan payable with interest at the rate earned on the Pooled Money Investment Account. This subdivision shall not apply to compensation received pursuant to Section 395.02. (d) This section shall not apply to any active duty served voluntarily after the close of the Bosnia crisis. (e) Benefits provided under paragraph (1) of subdivision (b) shall only be provided to an employee who was not eligible to participate in the federal Ready Reserve Mobilization Income Insurance Program (10 U.S.C. Sec. 12521 et seq.) or a successor federal program that, in the determination of the Director of Personnel Administration, is substantively similar to the federal Ready Reserve Mobilization Income Insurance Program. For an employee eligible to participate in the federal Ready Reserve Mobilization Income Insurance Program or a successor program, and whose monthly salary as a state employee was higher than the sum of their military pay and allowances and the maximum allowable benefit under the federal Ready Reserve Mobilization Income Insurance Program or a successor program, the employee shall receive the amount payable under paragraph (1) of subdivision (b), but that amount shall be reduced by the maximum allowable benefit under the federal Ready Reserve Mobilization Income Insurance Program or a successor program. For individuals who elected the federal Ready Reserve Mobilization Income Insurance Program the state shall reimburse for the cost of the insurance premium for the period of time on active duty, not to exceed 180 calendar days. (Amended by Stats. 2024, Ch. 129, Sec. 36. (SB 1097) Effective January 1, 2025.)
  102. 395.1.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Certain public officers and employees who leave to serve in the armed forces have a right to return to their office or position, subject to stated timing and service conditions.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. ) ## 395.1. (a) Notwithstanding any other law to the contrary, any officer or employee of the state not subject to Chapter 11 (commencing with Section 19770) of Part 2 of Division 5 of Title 2 of the Government Code, or any public officer, deputy, assistant, or employee of any city, county, city and county, school district, water district, irrigation district, or any other district, political corporation, political subdivision, or governmental agency thereof who, in time of war or national emergency as proclaimed by the President or Congress, or when any of the Armed Forces of the United States are serving outside of the United States or their territories pursuant to order or request of the United Nations, or while any national conscription act is in effect, leaves or has left their office or position prior to the end of the war, or the termination of the national emergency or during the effective period of any order or request of this type of the United Nations or prior to the expiration of the National Conscription Act, to join the Armed Forces of the United States and who does or did without unreasonable and unnecessary delay join the Armed Forces or, being a member of any reserve force or corps of any of the Armed Forces of the United States or of the militia of this state, is or was ordered to duty therewith by competent military authority and served or serves in compliance with those orders, shall have a right, if released, separated or discharged under conditions other than dishonorable, to return to and reenter upon the office or position within six months after the termination of their active service with the Armed Forces, but not later than six months after the end of the war or national emergency or military or police operations under the United Nations or after the Governor finds and proclaims that, for the purposes of this section, the war, national emergency, or United Nations military or police operation no longer exists, or after the expiration of the National Conscription Act, if the term for which they were elected or appointed has not ended during their absence; provided, that the right to return to and reenter upon the office or position shall not extend to or be granted to any officer or employee of the state not subject to Chapter 11 (commencing with Section 19770) of Part 2 of Division 5 of Title 2 of the Government Code, or any public officer, deputy, assistant, or employee of any city, county, city and county, school district, water district, irrigation district or any other district, political corporation, political subdivision or governmental agency thereof, who shall fail to return to and reenter upon their office or position within 12 months after the first date upon which they could terminate or could cause to have terminated their active service with the Armed Forces of the United States or of the militia of this state. They shall also have a right to return to and reenter upon the office or position during terminal leave from the Armed Forces and prior to discharge, separation, or release therefrom. (b) (1) Upon return and reentry to the office or employment, the officer or employee shall have all of the rights and privileges in, connected with, or arising out of the office or employment which they would have enjoyed if they had not been absent therefrom; provided, however, the officer or employee shall not be entitled to sick leave, vacation, or salary for the period during which they were on leave from that governmental service and in the service of the Armed Forces of the United States. (2) If the office or position has been abolished or otherwise has ceased to exist during their absence, they shall be reinstated in a position of like seniority, status, and pay if the position exists, or to a comparable vacant position for which they are qualified. (c) Any officer or employee other than a probationer who is restored to their office or employment pursuant to this act shall not be discharged from that office or position without cause within one year after the restoration, and shall be entitled to participate in insurance or other benefits offered by the employing governmental agency pursuant to established rules and practices relating to those officers or employees on furlough or leave of absence in effect at the time the officer or employee left their office or position to join the Armed Forces of the United States. (d) Notwithstanding any other provisions of this code, any enlisted person who was involuntarily ordered to active duty (other than for training) for a stated duration shall not lose any right or benefit conferred under this code if they voluntarily elect to complete the period of that duty. (e) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2025, Ch. 67, Sec. 137. (AB 1170) Effective January 1, 2026.)
  103. 395.10.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    A qualified employer must give a qualified employee up to 10 days of unpaid leave during a qualified leave period, and may not retaliate for requesting or taking that leave.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. ) ## 395.10. (a) Notwithstanding any other law, a qualified employer shall allow a qualified employee to take up to 10 days of unpaid leave during a qualified leave period. (b) For purposes of this section: (1) “Period of military conflict” means either of the following: (A) A period of war declared by the United States Congress. (B) A period of deployment for which a member of a reserve component is ordered to active duty pursuant to either of the following: (i) Sections 12301 and 12302 of Title 10 of the United States Code. (ii) Title 32 of the United States Code. (2) “Qualified employee” means a person who satisfies all of the following: (A) Is the spouse of a qualified member. (B) Performs service for hire for an employer for an average of 20 or more hours per week, but does not include an independent contractor. (C) Provides the qualified employer with notice, within two business days of receiving official notice that the qualified member will be on leave from deployment, of their intention to take the leave provided for in subdivision (a). (D) Submits written documentation to the qualified employer certifying that the qualified member will be on leave from deployment during the time the leave provided for in subdivision (a) is requested. (3) “Qualified employer” includes any individual, corporation, company, firm, state, city, county, city and county, municipal corporation, district, public authority, or any other governmental subdivision, that employs 25 or more employees. (4) “Qualified member” means a person who is any of the following: (A) A member of the Armed Forces of the United States who has been deployed during a period of military conflict to an area designated as a combat theater or combat zone by the President of the United States. (B) A member of the National Guard who has been deployed during a period of military conflict. (C) A member of the Reserves who has been deployed during a period of military conflict. (5) “Qualified leave period” means the period during which the qualified member is on leave from deployment during a period of military conflict. (c) A qualified employer shall not retaliate against a qualified employee for requesting or taking the leave provided for in this section. (d) The leave provided for in this section shall not affect or prevent a qualified employer from allowing a qualified employee to take a leave that the qualified employee is otherwise entitled to take. (e) This section shall not affect a qualified employee’s rights with respect to any other employee benefit provided for in other laws. (Amended by Stats. 2024, Ch. 129, Sec. 40. (SB 1097) Effective January 1, 2025.)
  104. 395.2.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Certain school employees who enter qualifying military or related service may regain their job rights and be reinstated when they apply on time.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. ) ## 395.2. Any employee of a board of school trustees or board of education in a position not requiring certification qualifications who enters the active military service of the United States of America or of the State of California, including active service in any uniformed auxiliary of, or to, any branch of such military service created or authorized as such auxiliary by the Congress of the United States of America or by the Legislature of the State of California, or in the full time paid service of the American Red Cross, during any period of National emergency declared by the President of the United States of America or during any war in which the United States of America is engaged, shall regain all rights to his position and shall be reinstated thereto upon his application at any time within six months of the termination of that service, but in any event within one year from the date of a treaty of peace terminating the hostilities in which the United States is now engaged. The provisions of this act shall apply to service in the Merchant Marine as that phrase is now defined in any Federal statute relating to reemployment rights of persons in service in the Merchant Marine. (Amended by Stats. 1946, 1st Ex. Sess., Ch. 32.)
  105. 395.3.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Certain public officers and employees who leave office or employment to serve in the Armed Forces or state militia have a right to return, if they give written notice in time and meet the return deadlines.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. ) ## 395.3. (a) In the event that any public officer or employee has resigned or resigns their office or employment to serve or to continue to serve in the Armed Forces of the United States or in the militia of this state, they shall have a right to return to and reenter the office or employment prior to the time at which their term of office or their employment would have ended if they had not resigned, on serving a written notice to that effect upon the authorized appointing power, or if there is no authorized appointing power, upon the officer or agency having power to fill a vacancy in the office or employment, within six months of the termination of their active service with the Armed Forces. The right to return and reenter upon the office or position shall not extend or be granted to any public officer or employee who fails to return to and reenter their office or position within 12 months after the first date upon which they could terminate or could cause to have terminated their active service with the Armed Forces of the United States or of the militia of this state. (b) As used in this section, “public officers and employees” includes all of the following: (1) Members of the Senate and of the Assembly. (2) Justices of the Supreme Court and the courts of appeal, judges of the superior courts, and all other judicial officers. (3) All other state officers and employees not within Chapter 11 (commencing with Section 19770) of Part 2 of Division 5 of Title 2 of the Government Code, including all officers for whose selection and term of office provision is made in the California Constitution and laws of this state. (4) All officers and employees of any county, city and county, city, township, district, political subdivision, authority, commission, board, or other public agency within this state. (c) The right of reentry into public office or employment provided for in this section shall include the right to be restored to the civil service status as the officer or employee would have if they had not so resigned. Another person shall not acquire civil service status in the same position so as to deprive the officer or employee of their right to restoration as provided for herein. (d) This section shall be retroactively applied to extend the right of reentry into public office or employment to public officers and employees who resigned prior to its effective date. (e) This section does not apply to any public officer or employee to whom the right to reenter public office or employment after service in the Armed Forces has been granted by any other law. (f) If any provision of this section, or the application of this section to any person or circumstance, is held invalid, the remainder of this section, or the application of this section to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. (g) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2024, Ch. 129, Sec. 38. (SB 1097) Effective January 1, 2025.)
  106. 395.4.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Certain public employees and officers who join the U.S. armed forces are entitled to a leave of absence during wartime or a proclaimed national defense emergency.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. ) ## 395.4. Whenever the United States is engaged in war or whenever the Governor finds and proclaims that an emergency exists in preparing for the National defense, any employee or officer, other than an elected officer, of a county, city, political subdivision, school, irrigation, public district, or other local authority or public body whatsoever who enters the armed forces of the United States shall be entitled to a leave of absence for service with such armed forces for the duration of the war or until the Governor finds and proclaims that the emergency no longer exists, and for 90 days thereafter, or until 90 days after the termination of such service. (Added by Stats. 1941, Ch. 82.)
  107. 395.5.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The Military Department must comply with USERRA. Covered Military Department personnel on state active duty who are deployed, mobilized, or otherwise in federal active service are treated as employees and get the same federal reemployment protections and benefits as other employees under USERRA.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. ) ## 395.5. (a) The Military Department shall comply with the provisions of Section 4301 of Title 38 of the United States Code, the Uniformed Services Employment and Reemployment Rights Act (USERRA). (b) For purposes of USERRA, Military Department personnel who are on state active duty and are deployed, mobilized, or otherwise subject to any federal active service under voluntary or involuntary conditions, shall be considered employees and provided the same federal reemployment protections and benefits given to other employees under USERRA. (Added by Stats. 2006, Ch. 680, Sec. 2. Effective January 1, 2007.)
  108. 395.6.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The Governor and each state agency or department may appoint mediators to handle certain complaints from eligible Guard or reserve members, and appointed mediators must learn USERRA and work with specified support organizations when possible.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. ) ## 395.6. (a) The Governor may appoint a mediator in their office to take complaints, regarding possible violations or other issues dealing with the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. Sec. 4301 et seq.), hereafter USERRA, and Section 395.06, and to resolve and coordinate the resolution of those complaints or issues, from state employees who satisfy both of the following: (1) Are members of either of the following: (A) The California National Guard. (B) A reserve component of the Armed Forces of the United States. (2) Encounter problems regaining their state position when they return from service in the California National Guard or from service in a reserve component of the United States Armed Forces. (b) Each state agency and department may appoint a mediator to take complaints, regarding possible violations of USERRA and other issues relating to state pay, and to resolve and coordinate the resolution of those complaints with, if necessary, the assistance of the Governor-appointed ombudsman, from employees of that department or agency who are members of either the California National Guard or a reserve component of the Armed Forces of the United States. (c) Mediators appointed under the provisions of subdivisions (a) and (b) shall become knowledgeable about USERRA law and, to the extent possible, work with the California Committee for Employer Support of the Guard and Reserve, a Department of Defense organization, and the California National Guard. (Amended by Stats. 2024, Ch. 129, Sec. 39. (SB 1097) Effective January 1, 2025.)
  109. 395.8.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    An officer who leaves city service for active military service must be restored to office after discharge or release, unless an exception applies.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. ) ## 395.8. Any officer, elective or otherwise, who leaves or shall have left the service of any city in order to enter upon active service with the armed forces of the United States shall be reinstated and restored to his office upon his discharge or release from such active service with the armed forces; provided, such discharge or release is prior to the expiration of the term for which he has been elected or appointed. The rights created by this section shall have no application to any officer who shall have been dishonorably discharged or released from such armed forces, or shall have been so mentally or physically disabled as to be incapable of performing the duties of his office or shall fail to present himself to the legislative body or other appointing authority of such city ready and willing to assume the duties of his office, within six months from the time of his discharge or release from active service with the armed forces. The office from which such officer absents himself to enter upon active service with the armed forces shall not be considered to be vacant but the legislative body or other appointing authority, as the case may be, may appoint an officer to temporarily replace any such officer so absenting himself to enter upon active service with the armed forces. Such temporary officers shall have all of the powers and duties of the office to which he may be temporarily appointed and shall hold said office until the expiration of the term thereof or until the officer returns from service with the armed forces, whichever event first occurs. (Amended by Stats. 1946, 1st Ex. Sess., Ch. 32.)
  110. 395.9.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Certain State Guard members who are public employees or employees of private employers are entitled to unpaid temporary military leave.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. ) ## 395.9. Any public employee and any employee of a corporation, company, firm, or other person who is a member of the State Guard is entitled to a temporary military leave of absence without pay while engaged in military duty for purposes of military training, drills, unit training assemblies, or similar inactive duty training for not to exceed 15 calendar days annually, including time involved in going to and returning from that duty. (Amended by Stats. 2020, Ch. 97, Sec. 22. (AB 2193) Effective January 1, 2021.)
  111. 396.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    A militia commanding officer may require people in the street or highway to yield the right of way to the militia, and anyone who hinders the militia may be guilty of 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. ) ## 396. The commanding officer of any portion of the militia parading or performing any military duty in any street or highway may require persons in such street or highway to yield the right of way to such militia, except that the carriage of the United States mail, the legitimate functions of the police, and the progress and operations of hospital ambulances, fire engines, and fire departments and apparatus shall not be interfered with thereby. Any person who hinders, delays, or obstructs any portion of the militia parading or performing any military duty, or who attempts so to do, is guilty of a misdemeanor. (Enacted by Stats. 1935, Ch. 389.)
  112. 397.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    During a governor-declared emergency, eligible military or naval personnel must be allowed to pass free through tollgates, toll bridges, and ferries when they present an order for duty.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. ) ## 397. When an emergency has been declared to exist by the Governor and during the continuance thereof, any person belonging to the military or naval forces of the State or of the United States shall, together with his conveyance, personal baggage, and the military property of the State or of the United States in his charge, be allowed to pass free through all tollgates and over all toll bridges and all ferries, if he presents an order for duty in the military or naval service of the State or of the United States. The provisions of this section do not apply to any tollgate, toll bridge or ferry owned or operated by any private individual, corporation or utility, or owned or operated by any municipal corporation or bridge and highway district. (Amended by Stats. 1945, Ch. 791.)
  113. 398.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    People may not trespass on military-duty places or interfere with military duty or troop movement; violations are misdemeanors. The Adjutant General may declare places off limits to National Guard members when needed for health, safety, morals, or general welfare during active duty or training periods.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. ) ## 398. Any person who trespasses upon any campground, armory, airport, or other place devoted to military duty, or who in any way or manner interrupts or molests the orderly discharge of military duty, or who disturbs or prevents the passage of troops going to or returning from any duty is guilty of a misdemeanor and may be placed under arrest by or at the direction of the commanding officer of the troops or of the place concerned. The Adjutant General may cause any place to be declared “off limits” to members of the National Guard if necessary to protect the health, safety, morals or general welfare of such members during such times as the National Guard may be on active duty or in attendance at an encampment, maneuvers or extended exercise. (Amended by Stats. 1949, Ch. 536.)
  114. 399.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The Secretary of the California Department of Veterans Affairs, or designees, must help eligible members or veterans get depleted-uranium screening and must run an outreach plan. State funds may not be used for the tests or other federal treatment services.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. ) ## 399. (a) (1) The Secretary of the California Department of Veterans Affairs, or their designees, shall assist any eligible member or veteran who returns or has returned to this state in obtaining a best practice health screening test for exposure to depleted uranium. The screening should consist of a bioassay procedure capable of detecting depleted uranium at low levels and discriminating between different uranium isotopes. State funds shall not be used to pay for the tests or any other federal treatment services. (2) The eligible member or veteran must return or have returned to this state after service in an area where depleted uranium was used or that was designated as a combat zone by the President of the United States after 1990. The eligible member or veteran shall either be assigned a risk level I, II, or III for depleted uranium exposure by their branch of service, be referred by a military physician, or have reason to believe that they were exposed to depleted uranium during their service. (b) (1) In order to effectively provide the assistance required by subdivision (a), the Secretary of the California Department of Veterans Affairs, or their designees, shall develop and implement a plan for outreach to eligible members and veterans who have returned from combat areas where depleted uranium was used. (2) The outreach plan shall provide information to eligible members and veterans concerning their potential exposure to depleted uranium, the possible hazards associated with exposure, and the right to federal depleted uranium screening services. (c) For purposes of this section, all of the following apply: (1) “Eligible member” means a member who served in the Persian Gulf War, as defined in Section 101 of Title 38 of the United States Code, in an area designated as a combat zone by the President of United States during Operation Enduring Freedom or Operation Iraqi Freedom, or in any other combat theater where depleted uranium was used. (2) “Member” or “member of the Armed Forces” means a member of the Armed Forces of the United States, including the California National Guard, who is a resident of this state. (3) “Military physician” means a provider who is under contract with the United States Department of Defense to provide physician services to members of the Armed Forces. (Amended by Stats. 2024, Ch. 129, Sec. 41. (SB 1097) Effective January 1, 2025.)
  115. 399.5.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The Secretary of the California Department of Veterans Affairs must help eligible members or veterans get health screening for traumatic brain injury and PTSD, and related outreach plans must give information about those conditions and screening rights.

    ## 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 7. Privileges and Penalties [389 - 399.5] ( Chapter 7 enacted by Stats. 1935, Ch. 389. ) ## 399.5. (a) (1) The Secretary of the California Department of Veterans Affairs, or their designees, shall assist any eligible member or veteran who returns or has returned to this state in obtaining an appropriate health screening test for traumatic brain injury and post-traumatic stress disorder. (2) The eligible member or veteran must return or have returned to this state after service. (b) (1) In order to effectively provide the assistance required by subdivision (a), the Secretary of the California Department of Veterans Affairs, or their designees, shall develop and implement a plan for outreach to eligible members and veterans who have returned from combat. The Adjutant General, or their designee, shall also develop and implement a plan for outreach to eligible members of the California National Guard who have returned from combat and remain on duty in order to effectively provide the service required by subdivision (a). (2) Each outreach plan shall provide information to eligible members and veterans concerning traumatic brain injury and post-traumatic stress disorder, the possible impacts associated with traumatic brain injury and post-traumatic stress disorder, and the right to screening services. (c) For purposes of this section, both of the following apply: (1) “Eligible member” means a member who served under Title 10 of the United States Code as designated by Executive Orders Nos. 12744 and 13239 of the President of the United States. (2) “Member” or “member of the Armed Forces” means a member of the Armed Forces of the United States, including the California National Guard, who is a resident of this state. (Amended by Stats. 2024, Ch. 129, Sec. 42. (SB 1097) Effective January 1, 2025.)
  116. 4.

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

    Verify source ↗

    This section preserves actions or proceedings started before the code takes effect, and protects accrued rights, while requiring later procedure in those matters to follow the code as far as possible.

    ## Military and Veterans Code - MVC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 389. ) ## 4. No action or proceeding commenced before this code takes effect, and no right accrued, is affected by the provisions of this code, but all procedure thereafter taken therein shall conform to the provisions of this code so far as possible. (Enacted by Stats. 1935, Ch. 389.)
  117. 400.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. )

    Verify source ↗

    This section defines key terms used in the chapter, including Armed Forces, military orders, military service, and service member.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. ) ## 400. For the purposes of this chapter, the following definitions apply: (a) “Armed Forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. (b) “Military orders,” with respect to a service member, means official military orders, or any notification, certification, or verification from the service member’s commanding officer with respect to the service member’s current or future military duty status. (c) “Military service” means, as to a member of the militia, full-time active state service or full-time active federal service. As to a person who is not a member of the militia, “military service” means full-time active duty for a period in excess of seven days in any 14-day period. (d) “Service member” means all of the following: (1) A member of the militia, as defined in Section 120, called or ordered into active state or federal service pursuant to Section 143 or 146 or federal law. (2) A member of an active or reserve component of the Armed Forces who is ordered into active duty pursuant to federal law. (Amended by Stats. 2022, Ch. 379, Sec. 13. (AB 1715) Effective January 1, 2023.)
  118. 401.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. )

    Verify source ↗

    Section 401 limits certain actions against service members and others connected to debt collection, credit, insurance, and military-status waivers, and it adds civil and criminal penalties for violations.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. ) ## 401. (a) Application by a service member for, or receipt by a service member of, a stay, postponement, or suspension pursuant to this chapter in the payment of any tax, fine, penalty, insurance premium, or other civil obligation or liability of that person shall not itself, without regard to other considerations, provide the basis for any of the following: (1) A determination by any lender or other person that the service member is unable to pay any civil obligation or liability in accordance with its terms. (2) With respect to a credit transaction between a creditor and the service member, any of the following: (A) A denial or revocation of credit by the creditor. (B) A change by the creditor in the terms of an existing credit arrangement. (C) A refusal by the creditor to grant credit to the service member in substantially the amount or on substantially the terms requested. (3) An adverse report relating to the creditworthiness of the service member by or to any person or entity engaged in the practice of assembling or evaluating consumer credit information. (4) A refusal by an insurer to insure the service member. (5) An annotation in a service member’s record by a creditor or a person engaged in the practice of assembling or evaluating consumer credit information identifying the service member as a member of the active militia, as defined in Section 120, or an active or reserve component of the Armed Forces. (b) A person shall not, in connection with the collection of any obligation, including any debt or payment, falsely claim to be a member or civilian employee of the Armed Forces, a component of the active militia, as defined in Section 120, the Department of Defense, the Department of Homeland Security, or the Military Department, or identify themselves through the use of any military rank, rating, or title. (c) A person shall not, in connection with the collection of any obligation, including any debt or payment, from a member of the active militia, as defined in Section 120, or a member of an active or reserve component of the Armed Forces, contact the member’s military unit or chain of command without the written consent of the member given after the obligation becomes due and payable. (d) A person shall not, in connection with any transaction or any sale of goods or services, electronically access a Common Access Card (CAC) issued to a service member, place or require the placement of such a CAC in a smart card reader, request or request entry of the personal identification number (PIN) associated with such a CAC, or require a service member to log in to any Department of Defense or, in the case of a member of the Coast Guard, Department of Homeland Security computer system. A transaction or sale entered into in violation of this subdivision is void. (e) (1) A person shall not condition the receipt of a military or veteran discount, in any form, on the waiver by a recipient of the discount of any right the person has under state or federal law. Any such waiver is void. (2) Any other waiver of a right provided to service members, former service members, or their dependents by this code is void. (f) Any person violating any provision of this section is liable for actual damages, reasonable attorney’s fees, and costs incurred by the injured party. (g) Any person violating any provision of this section is guilty of a misdemeanor, and shall be punishable by imprisonment not to exceed one year or by a fine not to exceed one thousand dollars ($1,000), or both. (Amended by Stats. 2022, Ch. 620, Sec. 4. (SB 1311) Effective January 1, 2023.)
  119. 402.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. )

    Verify source ↗

    In default cases, the plaintiff must file a declaration about the defendant’s military status before judgment; the court must protect service members’ interests, and false declarations can trigger misdemeanor and civil liability.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. ) ## 402. (a) In any action or proceeding commenced in any court, if there shall be a default of any appearance by the defendant, the plaintiff, before entering judgment shall file in the court a declaration under penalty of perjury setting forth facts showing that the defendant is not in the military service. If unable to file that declaration, the plaintiff shall, in lieu thereof, file a declaration setting forth either that the defendant is in the service or that the plaintiff is not able to determine whether or not the defendant is in the service. If a declaration is not filed showing that the defendant is not in the military service, judgment shall not be entered without first securing an order of court directing that entry, and an order shall not be made if the defendant is in the military service until after the court appoints an attorney to represent the defendant and protect their interest, and the court shall, on application, make that appointment. If an attorney appointed under this section to represent a service member cannot locate the service member, actions by the attorney in the case shall not waive any defense of the service member or otherwise bind the service member. Unless it appears that the defendant is not in the military service the court may require, as a condition before judgment is entered, that the plaintiff file a bond approved by the court conditioned to indemnify the defendant, if in the military service, against any loss or damage that they may suffer by reason of any judgment should the judgment be thereafter set aside in whole or in part. The court may make other orders or enter that judgment as in its opinion is necessary to protect the rights of the defendant under this section. (b) Any person who shall, for purposes of this section, make or use a declaration declared to be true under penalty of perjury, knowing it to be false, is guilty of a misdemeanor and shall be punishable by imprisonment not to exceed one year or by a fine not to exceed one thousand dollars ($1,000), or both. Any person violating any provision of this section is also liable for actual damages, reasonable attorney’s fees, and costs incurred by the injured party. (c) In an action covered by this section in which the defendant is in military service, the court shall grant a stay of proceedings for a minimum period of 90 days under this subdivision upon application of counsel, or on the court’s own motion, if the court determines that there may be a defense to the action and a defense cannot be presented without the presence of the defendant, or, after due diligence, counsel has been unable to contact the defendant or otherwise determine if a meritorious defense exists. (d) In any action or proceeding in which a service member is a party, if the service member does not personally appear therein or is not represented by an authorized attorney, the court may appoint an attorney to represent them. In that case a bond may be required and an order made to protect the rights of the service member. However, an attorney appointed under this chapter to protect a service member shall not have the power to waive any right of the person for whom they are appointed or bind them by their acts. (e) If judgment is rendered in any action or proceeding governed by this chapter against any service member during the period of that service or within 30 days thereafter, and it appears that the service member was prejudiced by reason of their military service in making their defense thereto, the judgment may, upon application made by the service member or their legal representative not later than 90 days after the termination of the service, be opened by the court rendering the same and the defendant or their legal representative let in to defend; provided the application states a meritorious or legal defense to the action or some part thereof. Vacating, setting aside, or reversing any judgment by reason of this chapter shall not impair any right or title acquired by any bona fide purchaser for value under that judgment. (f) For purposes of this section and any declaration made under this section, a defendant shall be deemed to be “in the military service” if they are either: (1) Currently in the military service. (2) Were in the military service within the preceding 120 days. (Amended by Stats. 2024, Ch. 129, Sec. 43. (SB 1097) Effective January 1, 2025.)
  120. 403.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. )

    Verify source ↗

    The court can stay certain civil actions or proceedings involving a service member, and must do so on request unless military service does not materially affect the case.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. ) ## 403. (a) At any stage in any action or proceeding in which a service member is involved, either as plaintiff or defendant, during a period of military service or within 120 days thereafter, the court may, in its discretion on its own motion, and shall, on application to it by the service member or some person on their behalf, stay the action or proceeding unless, in the opinion of the court, the ability of the plaintiff to prosecute the action or the defendant to conduct their defense is not materially affected by reason of their military service. (b) When an action for compliance with the terms of any contract is stayed pursuant to this section, no fine or penalty shall accrue by reason of failure to comply with the terms of the contract during the period of the stay, and when a person fails to perform any obligation and if a fine or penalty for the nonperformance is incurred a court may, on those terms as may be just, provide relief against the enforcement of that fine or penalty if it appears that the person who would suffer by that fine or penalty was in the military service when the penalty was incurred and that by reason of military service the ability of the person to pay or perform was thereby materially impaired. (c) In any action or proceeding against a service member, before or during the period of the service, or within 120 days thereafter, the court may, in its discretion on its own motion, or shall, upon application to it by the service member or some person on their behalf, unless in the opinion of the court the ability of the defendant to comply with the judgment or order entered or sought is not materially affected by reason of their military service, do either of the following: (1) Stay the execution of any judgment or order entered against a service member. (2) Vacate or stay any attachment or garnishment of property, money, or debts in the hands of another, whether before or after judgment. (d) Any stay of any action, proceeding, attachment, or execution ordered by any court under this section may, except as otherwise provided, be ordered for the period of military service and three months thereafter or any part of that period, and subject to those terms as may be just, including terms with respect to payment in installments of those amounts at those times as the court may fix. If the service member is a codefendant with others the plaintiff may nevertheless, by leave of court, proceed against the others. (e) A service member who is granted a stay of a civil action or proceeding under this section may apply for an additional stay based on continuing material effect of military duty on the service member’s ability to appear. If the court refuses to grant an additional stay of proceedings, it shall appoint counsel to represent the service member in the action or proceeding. (f) An application for a stay under this section does not constitute an appearance for jurisdictional purposes and does not constitute a waiver of any substantive or procedural defense, including a defense relating to lack of personal jurisdiction. (Amended by Stats. 2024, Ch. 129, Sec. 44. (SB 1097) Effective January 1, 2025.)
  121. 404.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. )

    Verify source ↗

    Military service time is not counted when calculating certain legal time limits, except for limitation periods under the federal Internal Revenue 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. ) ## 404. (a) A period of military service shall not be included in computing any period now or hereafter to be limited by any law, regulation, or order for the bringing of any action or proceeding in any court, board, bureau, commission, department, or other agency of government by or against any service member or by or against their heirs, executors, administrators, or assigns, whether the cause of action or the right or privilege to institute the action or proceeding accrued prior to or during the period of service, nor shall any part of the period be included in computing any period now or hereafter provided by any law for the redemption of real property sold or forfeited to enforce any obligation, tax, or assessment. (b) This section shall not apply with respect to any period of limitation prescribed by or under the federal Internal Revenue Code. (Amended by Stats. 2024, Ch. 129, Sec. 45. (SB 1097) Effective January 1, 2025.)
  122. 405.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. )

    Verify source ↗

    A service member’s pre-service debts generally cannot be charged above 6% interest during specified military-service periods, and excess interest is forgiven.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. ) ## 405. (a) No obligation or liability bearing interest at a rate in excess of 6 percent per year incurred by a service member before that person’s current period of military service shall, except as provided in subdivision (b), bear interest at a rate in excess of 6 percent per year as follows: (1) For an obligation or liability consisting of a mortgage, trust deed, or other security in the nature of a mortgage, or any student loan, during any part of the period of military service and one year thereafter. (2) For any other obligation or liability, during any part of the period of military service and 120 days thereafter. (b) Notwithstanding subdivision (a), if in the opinion of a court, upon application thereto by the obligee, the ability of the service member to pay interest upon an obligation or liability at a rate in excess of 6 percent per year is not materially affected by reason of that service, the court may make that order as in its opinion may be just. (c) As used in this section, “interest” includes service charges, renewal charges, fees, or any other charges, except bona fide insurance, in respect of any obligation or liability. (d) Interest at a rate in excess of 6 percent per year that would otherwise be incurred but for the prohibition in this section is forgiven. The amount of any periodic payment due from a service member shall be reduced by the amount of the interest forgiven under this section that is allocable to the period for which the payment is made. (e) Any person violating this section shall be liable for actual damages, reasonable attorney’s fees, and costs incurred by the injured party. (Amended by Stats. 2018, Ch. 555, Sec. 7. (AB 3212) Effective January 1, 2019.)
  123. 406.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. )

    Verify source ↗

    The section bars eviction or distress during military service and for 120 days after release in certain dwelling situations, unless a court grants leave. It also lets the court stay proceedings, require partial payments, or make other just orders, and it penalizes knowing violations.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. ) ## 406. (a) No eviction or distress shall be made during the period of military service specified in Section 400, until 120 days after the service member is released from active service or duty if the premises are occupied primarily for dwelling purposes by the spouse, children, or other dependents of a service member, except upon leave of court granted upon application therefor or granted in an action or proceeding affecting the right of possession. (b) On any application or in any action under this section, the court may on its own motion, and shall, on application, stay the proceedings for the period specified in subdivision (a) or rather than granting a complete stay, the court may require the tenant to make regular partial payments during the service member’s period of military service, or the court may make any other order that it finds to be just, unless the court finds that the ability of the tenant to pay the agreed rent is not materially affected by that military service. Where that stay is made by the court, the owner of the premises shall be entitled, upon application therefor, to relief in respect of those premises similar to that granted persons in military service in Sections 407, 408, and 409.1 to that extent and for that period as may appear to the court to be just. (c) Any person violating this section shall be liable for actual damages, reasonable attorney’s fees, and costs incurred by the injured party. (d) Any person who knowingly takes part in any eviction or distress as provided in this section or who attempts to do so, is guilty of a misdemeanor, and shall be punishable by imprisonment not to exceed one year or by a fine not to exceed one thousand dollars ($1,000), or both. (Amended by Stats. 2018, Ch. 555, Sec. 8. (AB 3212) Effective January 1, 2019.)
  124. 407.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. )

    Verify source ↗

    A person with a property purchase contract generally cannot rescind, terminate, or retake the property because of nonpayment or other pre-service breaches during military service and for 120 days after, unless done through court action.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. ) ## 407. (a) No person who has received, or whose assignor has received, under a contract for the purchase of real or personal property, a deposit or installment of the purchase price, or a deposit or installment under the contract, from a person or from the assigner of a person who, after the date of payment of the deposit or installment, has entered into a period of military service, shall exercise any right or option under that contract to rescind or terminate the contract or resume possession of the property for nonpayment of any installment due or for any other breach of its terms occurring prior to or during the period of that military service, or for 120 days thereafter, except by action in a court of competent jurisdiction. (b) Upon the hearing of that action as provided in subdivision (a), the court may order the repayment of prior installments or deposits or any part, as a condition of terminating the contract and resuming possession of the property, or may, in its discretion, on its own motion, and shall, on application to it by the service member or some person on the service member’s behalf, order a stay of proceedings as the court deems just, unless in the opinion of the court, the ability of the defendant to comply with the terms of the contract is not materially affected by reason of the service; or it may make any other disposition of the case as may be equitable to conserve the interests of all parties. (c) Any person violating this section shall be liable for actual damages, reasonable attorney’s fees, and costs incurred by the injured party. (d) Any person who shall knowingly resume possession of property that is the subject of this section in a manner other than as provided in subdivision (a), or attempts to do so, is guilty of a misdemeanor, and shall be punishable by imprisonment not to exceed one year or by a fine not to exceed one thousand dollars ($1,000), or both. (Amended by Stats. 2018, Ch. 555, Sec. 9. (AB 3212) Effective January 1, 2019.)
  125. 408.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. )

    Verify source ↗

    This section limits enforcement against a service member’s mortgaged property during military service and for one year after, allows the court to stay or adjust the case, and bars invalid sales, foreclosures, or seizures except in stated circumstances.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. ) ## 408. (a) This section shall apply only to obligations secured by mortgage, trust deed, or other security in the nature of a mortgage upon real or personal property owned by a service member. (b) In any proceeding commenced in any court during, or within one year after, the period of military service to enforce that obligation as provided in subdivision (a), the court may, after hearing and in its discretion on its own motion, and shall, on application to it by the service member or some person on the defendant’s behalf, unless in the opinion of the court the ability of the defendant to comply with the terms of the obligation is not materially affected by reason of the defendant’s military service, do either of the following: (1) Stay the proceedings for any period as the court deems just. (2) Make any other disposition of the case as may be equitable to conserve the interests of all parties. (c) No sale, foreclosure, or seizure of property for nonpayment of any sum due under any obligation as provided in subdivision (a), or for any other breach of the terms thereof, whether under a power of sale, under a judgment entered upon warrant of attorney to confess judgment contained therein, or otherwise, shall be valid if made during the period of military service or within one year thereafter, except pursuant to an agreement between the parties made after the nonpayment or breach, unless upon an order previously granted by the court and a return thereto made and approved by the court. (d) Any person violating this section shall be liable for actual damages, reasonable attorney’s fees, and costs incurred by the injured party. (e) Any person who shall knowingly make or cause to be made any sale, foreclosure, or seizure of property, defined as invalid by subdivision (c), or attempts to do so, is guilty of a misdemeanor, and shall be punishable by imprisonment not to exceed one year or by a fine not to exceed one thousand dollars ($1,000), or both. (Amended by Stats. 2018, Ch. 555, Sec. 10. (AB 3212) Effective January 1, 2019.)
  126. 408.1.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. )

    Verify source ↗

    Certain security interests cannot be perfected if they would make a covered member’s purchase loan exempt from Section 987 of Title 10.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. ) ## 408.1. (a) For purposes of this section, “covered member” has the same meaning as in the Military Lending Act pursuant to Section 987 of Title 10 of the United States Code. (b) A security interest in personal property other than a motor vehicle, off-highway vehicle, trailer, vessel, or aircraft is void, and cannot be perfected, if it would cause a loan procured by a covered member in the course of purchasing the personal property to be exempt from the requirements of Section 987 of Title 10 of the United States Code. (c) A security interest in a motor vehicle is void, and cannot be perfected, if it would cause a loan procured by a covered member in the course of purchasing the motor vehicle to be exempt from Section 987 of Title 10 of the United States Code, and the loan also funds the purchase of a credit insurance product or credit-related ancillary product. (Added by Stats. 2022, Ch. 620, Sec. 5. (SB 1311) Effective January 1, 2023.)
  127. 409.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. )

    Verify source ↗

    A qualifying lessee may terminate a covered lease after entering military service or receiving certain military orders; the lessee must give written notice, return a vehicle within 15 days if applicable, and the lessor must refund prepaid amounts after termination.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. ) ## 409. (a) The lessee on a lease described in subdivision (b) may, at the lessee’s option, terminate the lease at any time after the lessee’s entry into military service, or the date of the lessee’s military orders described in subdivision (b). A lessee’s termination of a lease pursuant to this subdivision shall terminate any obligation a dependent of the lessee has under the lease. (b) This section applies to the following leases: (1) A lease of premises occupied, or intended to be occupied, by a service member or a service member’s dependents for a residential, professional, business, agricultural, or similar purpose if the lease is executed by or on behalf of a person who does either of the following: (A) During the term of the lease, enters a period of military service. (B) While in a period of military service, executes the lease and then receives military orders for a permanent change of station or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 90 days. (2) A lease of a motor vehicle used, or intended to be used, by a service member or a service member’s dependents for personal or business transportation if the lease is executed by or on behalf of a person who does any of the following: (A) During the term of the lease, enters a period of military service under a call or order specifying a period of not less than 180 days. (B) During the term of the lease, enters a period of military service under a call or order specifying a period of less than 180 days, and then receives orders extending the period of military service to a period of not less than 180 days. (C) While in a period of military service, executes the lease and then receives military orders for a change of permanent station to a location that is more than 100 miles from the prior duty station or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 90 days. (c) (1) Termination of a lease under subdivision (a) shall be made by delivery by the lessee of written notice of that termination, and a copy of the service member’s military orders, to the lessor or the lessor’s grantee, or to the lessor’s agent or the agent’s grantee, and in the case of a lease of a motor vehicle, by return of the motor vehicle by the lessee to the lessor or the lessor’s grantee, or to the lessor’s agent or the agent’s grantee, not later than 15 days after the date of the delivery of written notice. (2) Notice under paragraph (1) may be accomplished by hand delivery, private business carrier, or by placing the written notice in an envelope with sufficient postage and with return receipt requested, and addressed as designated by the lessor or the lessor’s grantee, or to the lessor’s agent or the agent’s grantee, and depositing the written notice in the United States mail system. (d) (1) In the case of a lease described in paragraph (1) of subdivision (b) that provides for monthly payment of rent, termination of the lease under subdivision (a) is effective 30 days after the first date on which the next rental payment is due and payable after the date on which the notice under subdivision (c) is delivered. In the case of any other lease described in paragraph (1) of subdivision (b), termination of the lease under subdivision (a) is effective on the last day of the month following the month in which the notice is delivered. (2) In the case of a lease described in paragraph (2) of subdivision (b), termination of the lease under subdivision (a) is effective on the day on which the requirements of subdivision (c) are met for that termination. (e) (1) Rent amounts for a lease described in paragraph (1) of subdivision (b) that are unpaid for the period preceding the effective date of the lease termination shall be paid on a prorated basis. The lessor may not impose an early termination charge, but any taxes, summonses, or other obligations and liabilities of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee for excess wear, that are due and unpaid at the time of termination of the lease, shall be paid by the lessee. (2) Lease amounts for a lease described in paragraph (2) of subdivision (b) that are unpaid for the period preceding the effective date of the lease termination shall be paid on a prorated basis. The lessor may not impose an early termination charge, but any taxes, summonses, title and registration fees, or other obligations and liabilities of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee for excess wear or use and mileage, that are due and unpaid at the time of termination of the lease, shall be paid by the lessee. (f) Rents or lease amounts paid in advance for a period after the effective date of the termination of the lease shall be refunded to the lessee by the lessor, or the lessor’s assignee or the assignee’s agent, within 30 days of the effective date of the termination of the lease. (g) Upon application by the lessor to a court before the termination date provided in the written notice, relief granted by this section to a service member may be modified as justice and equity require. (h) Any person who knowingly seizes, holds, or detains the personal effects, clothing, furniture, security deposit, or other property of any person who has lawfully terminated a lease covered by this section, or in any manner interfered with the removal of that property from the premises covered by that lease, for the purpose of subjecting or attempting to subject any of the property to a claim for rent accruing subsequent to the date of termination of the lease, or attempts to do so, is guilty of a misdemeanor and shall be punishable by imprisonment not to exceed one year or by a fine not to exceed one thousand dollars ($1,000), or both that fine and imprisonment. (Amended by Stats. 2022, Ch. 620, Sec. 6. (SB 1311) Effective January 1, 2023.)
  128. 409.1.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. )

    Verify source ↗

    This section restricts certain actions against service members during military service and for a limited time after it, unless a court authorizes the action or a listed exception applies.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. ) ## 409.1. (a) When a life insurance policy on the life of a service member in military service has been assigned prior to that person’s period of military service to secure the payment of any obligation of the person, an assignee of the policy, except the insurer in connection with a policy loan, shall not, during the period of military service of the insured or within one year thereafter, except upon the consent in writing of the insured made during that period or when the premiums thereon are due and unpaid or upon the death of the insured, exercise any right or option by virtue of that assignment unless upon leave of court granted upon an application made therefor by the assignee. The court may thereupon refuse to grant that leave unless in the opinion of the court the ability of the obligor to comply with the terms of the obligation is not materially affected by reason of their military service. (b) A person shall not exercise any right to foreclose or enforce any lien on the property or personal effects of a service member, including liens for storage, repair, or cleaning, during that person’s period of military service and for 120 days thereafter, except upon an order previously granted by a court upon application therefor and a return thereto made and approved by the court. In a proceeding to foreclose or enforce a lien subject to this section, the court may on its own motion, or if requested by a service member whose ability to comply with the obligation resulting in the proceeding is materially affected by military service, stay the proceeding for a period of time as justice and equity require, or adjust the obligation to preserve the interests of all parties. (c) Any person violating this section shall be liable for actual damages, reasonable attorney’s fees, and costs incurred by the injured party. (d) A person violating any provision of this section is guilty of a misdemeanor, and shall be punishable by imprisonment not to exceed one year or by a fine not to exceed one thousand dollars ($1,000), or both. (Amended by Stats. 2024, Ch. 129, Sec. 46. (SB 1097) Effective January 1, 2025.)
  129. 409.10.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. )

    Verify source ↗

    This chapter is severable: if one provision or its application is invalid, the rest of the chapter can still operate when it can be given effect.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. ) ## 409.10. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by renumbering Section 419 (as added by Stats. 2002, Ch. 60) by Stats. 2003, Ch. 62, Sec. 219. Effective January 1, 2004.)
  130. 409.11.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. )

    Verify source ↗

    The Legislature states that qualification for benefits and protections under this chapter for service members applies retroactively to September 11, 2001, but the benefits and protections that attach to qualified service members apply only prospectively.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. ) ## 409.11. It is the intent of the Legislature that qualification for the benefits and protections conferred upon service members, as defined by Section 400, by this chapter apply retroactively to September 11, 2001. However, it is also the intent of the Legislature that the benefits and protections that attach to qualified service members under this chapter apply only on a prospective basis. (Added by renumbering Section 420 (as added by Stats. 2002, Ch. 60) by Stats. 2003, Ch. 62, Sec. 220. Effective January 1, 2004.)
  131. 409.13.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. )

    Verify source ↗

    Some qualifying debts and interest for certain California National Guard cases must be deferred for six months after the member’s death, without penalty or extra interest.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. ) ## 409.13. (a) To the extent permitted by federal law and the California Constitution, any principal and interest on any financial obligation or liability bearing interest and incurred by a member of the California National Guard or their surviving spouse, or surviving domestic partner, or any principal and interest on any financial obligation or liability bearing interest incurred by a member of the California National Guard for which the beneficiary of that member is liable, shall be deferred for a period of six months after the death of the member without penalty or accrual of any additional interest. (b) For purposes of this section, the following terms have the following meanings: (1) “Interest” includes service charges, renewal charges, fees, or any other charges with respect to any obligation or liability. (2) “Beneficiary” means a beneficiary of the deceased member of the California National Guard who is or has become, after the member’s death, liable for any of the member’s financial obligations or liabilities bearing interest. (c) This section shall only apply: (1) To a member of the California National Guard that is killed in the line of duty in the service of the state or federal government. (2) When a member’s surviving spouse, surviving domestic partner, or other beneficiary provides written notice of the death of the member to the financial institution to which they are liable and from which they are requesting deferral of interest and payments as set forth in this section. (3) To a financial obligation or liability bearing interest that was created between a private entity and a member of the California National Guard or their surviving spouse or surviving domestic partner, or to a financial obligation or liability bearing interest that was created between a private entity and a member of the National Guard for which the beneficiary of that member is liable, before that member’s entry into service. (Amended by Stats. 2024, Ch. 129, Sec. 50. (SB 1097) Effective January 1, 2025.)
  132. 409.14.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. )

    Verify source ↗

    A service member or other person enforcing rights under this chapter does not have to pay filing fees or court costs.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. ) ## 409.14. A service member or other person seeking to enforce rights pursuant to this chapter shall not be required to pay a filing fee or court costs. (Added by Stats. 2010, Ch. 385, Sec. 11. (AB 2365) Effective January 1, 2011.)
  133. 409.15.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. )

    Verify source ↗

    If someone gets a good-faith relief request from a service member and thinks it is incomplete or insufficient, they must reply in writing within 30 days and explain what is missing and how to contact them.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. ) ## 409.15. (a) Any person who receives a good faith request from a service member for relief pursuant to this chapter and who believes the request is incomplete or otherwise not legally sufficient, or that the service member is not entitled to the relief requested, shall, within 30 days of the request, provide the service member with a written response acknowledging the request, setting forth the person’s basis for believing or asserting that the request is incomplete or not legally sufficient, or that the service member is not entitled to the relief requested. The response shall clearly identify the specific information or materials that are missing from the request and that would be required to grant the relief requested, and provide contact information, including a mailing address and telephone number, which the service member can use to contact the person. (b) If the person fails to make such a response in the timeframe set forth in this section, the person waives any objection to the request, and the service member shall be entitled to the relief requested. (Added by Stats. 2018, Ch. 555, Sec. 17. (AB 3212) Effective January 1, 2019.)
  134. 409.2.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. )

    Verify source ↗

    This section limits tax-collection sales of certain property during a service member’s military service and lets the service member redeem the property for up to six months after service 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. ) ## 409.2. (a) This section shall apply when any taxes or assessments, whether general or special, other than taxes on income, whether falling due prior to or during their most current period of military service, in respect of personal property, money, or credits, or real property owned and occupied for dwelling, professional, business, or agricultural purposes by a service member or their dependents at the commencement of the service member’s most current period of military service and still so occupied by the service member’s dependents or employees are not paid. (b) Sale of this property shall not be made to enforce the collection of any tax or assessment, or any proceeding or action commenced for that purpose, except upon leave of court granted upon application made therefor by the collector of taxes or other officer whose duty it is to enforce the collection of taxes or assessments. The court thereupon, unless in its opinion the ability of the service member to pay the taxes or assessments is not materially affected by reason of that service, may stay the proceedings or sale, as provided in this section, for a period extending not more than six months after the termination of the most current period of military service. (c) When by law this property may be sold or forfeited to enforce the collection of any tax or assessment, the service member shall have the right to redeem or commence an action to redeem that property, at any time not later than six months after the termination of the period of military service. (d) Whenever any tax or assessment shall not be paid when due, the tax or assessment due and unpaid shall bear interest until paid at the rate of 6 percent per year, and no other penalty or interest shall be incurred by reason of that nonpayment. Any lien for any unpaid taxes or assessments shall also include that interest thereon. (Amended by Stats. 2024, Ch. 129, Sec. 47. (SB 1097) Effective January 1, 2025.)
  135. 409.3.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. )

    Verify source ↗

    A service member may ask a court for relief on certain debts, taxes, or assessments during service or within six months after, and the court must quickly set a hearing and cannot charge filing fees or court costs for the petition.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. ) ## 409.3. (a) A service member may, at any time during their most current period of military service or within six months thereafter, petition a court for relief in respect of any obligation or liability incurred by the service member before the effective date of the orders for their most current period of military service or in respect of any tax or assessment whether falling due before or during their most current period of military service. (b) The court shall set a hearing on the petition within 25 days from the date the petition is filed, unless the court shows good cause for extending the date of the hearing. The petition shall be served at least 10 days before the hearing. The respondent shall file and serve a response to the petition at least five days before the hearing. (c) The court shall not charge a filing fee or court costs for a petition filed pursuant to this section. (d) If, after notice and hearing, the court finds the ability of the service member to comply with the terms of any such obligation or liability, or to pay any such tax or assessment, has been materially affected by reason of their most current period of military service as defined in this chapter, the court may grant the following relief: (1) In the case of an obligation payable in installments under a contract for the purchase of real estate, or secured by a mortgage or other instrument in the nature of a mortgage upon real estate, a deferment of the payments due on the obligation for a period of time equal to the period of military service, even if the service member requests the relief after the start of their current period of military service, subject to subdivision (a), and even if such payments extend beyond the termination of the period of military service. The obligation shall be extended, except as specified in subdivision (f), for the period of time that payments were deferred, and the deferred payments shall be paid in equal installments during the combined period at the rate of interest on the unpaid balance prescribed in the contract, or other instrument evidencing the obligation, for installments paid when due, and subject to any other terms as may be just. Penalties shall not be imposed on the nonpayment of principal or interest during this period. Interest shall not be charged or accumulated during the period of deferment unless otherwise ordered by the court. (2) In the case of any other obligation, liability, tax, or assessment, a deferment of any payments on the obligation during the service member’s period of military service and, from the date of termination of the period of military service or from the date of application if made after the service, for a period of time equal to the period of military service of the applicant or any part of that period, subject to payment of the balance of principal and accumulated interest due and unpaid at the date of termination of the period of military service or the date of application, as the case may be, in equal periodic installments during the extended period at the rate of interest as may be prescribed for the obligation, liability, tax, or assessment, if paid when due, and subject to any other terms as may be just. Penalties shall not be imposed on the nonpayment of principal or interest during this period. Interest shall not be charged or accumulated during the period of deferment unless otherwise ordered by the court. (e) (1) When any court has granted a deferment as provided in this section, no fine or penalty shall accrue during the period the terms and conditions of the deferment are complied with by reason of failure to comply with the terms or conditions of the obligation, liability, tax, or assessment in respect of which the deferment was granted, including penalties on the nonpayment of principal or interest during this period. Interest shall not be charged or accumulated during the period of deferment unless otherwise ordered by the court. Foreclosure or repossession of property on which payment has been deferred shall not take place during the period specified in this section. (2) If a person has charged or accrued a fine, penalty, or interest in violation of paragraph (1), that person shall be liable for actual damages, reasonable attorney’s fees, and costs incurred by the injured party as a result of the violation. (f) An obligation that has been deferred pursuant to paragraph (1) of subdivision (d) becomes due and payable upon either of the following: (1) The sale of the property or other event specified in the documents creating the obligation permitting the lender to accelerate the loan, other than a deferment of payments authorized by this section. (2) Further encumbrance of the property other than for preservation or protection of the property that would cause the obligation to become due and payable under the terms of the contract or other instrument evidencing the obligation. (g) This section shall not relieve a service member with a mortgage subject to an impound account for the payment of property taxes, special assessments, mortgage insurance, and hazard insurance from making monthly payments of an amount that is at least sufficient to pay these amounts, unless the borrower and lender agree to a lesser amount. (h) This section shall not preclude a service member from making payments toward the mortgage payments deferred before the occurrence of any of the events in subdivision (d). (i) This section shall not permit a service member ordered to military service to obtain a delay, deferment, or stay on an obligation to pay child support. This section shall not preclude a service member ordered to military service from seeking a modification of an order to pay child support due to a reduction in income resulting from the order to service, or from seeking the imposition of the maximum interest rate provided by this chapter on arrearages in child support payments existing before the order to service. (Amended by Stats. 2022, Ch. 620, Sec. 7. (SB 1311) Effective January 1, 2023.)
  136. 409.4.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. )

    Verify source ↗

    A service member covered by this chapter is entitled to reinstatement of certain health insurance when released from service. The section also bars certain exclusions or waiting periods and creates liability for violations.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. ) ## 409.4. (a) A person who by reason of military service is entitled to the rights and benefits of this chapter shall also be entitled upon release from that current period of military service to reinstatement of any health insurance that was in effect on the day before the current period of service commenced, and was terminated effective on a date during the period of the service. (b) An exclusion or a waiting period may not be imposed in connection with reinstatement of health insurance coverage of a health or physical condition of a person under subdivision (a), or a health or physical condition of any other person who is covered by the insurance by reason of the coverage of that person, if any of the following apply: (1) The condition arose before or during that person’s current period of service. (2) An exclusion or waiting period would not have been imposed for the condition during a period of coverage resulting from participation by that person in the insurance. (3) The condition of the person has not been determined by the Secretary of Veterans Affairs to be a disability incurred or aggravated in the line of duty within the meaning of Section 105 of Title 38 of the United States Code. (c) Any person violating this section shall be liable for actual damages, reasonable attorney’s fees, and costs incurred by the service member or other person entitled to the benefits and protections of this chapter. (Amended by Stats. 2018, Ch. 555, Sec. 16. (AB 3212) Effective January 1, 2019.)
  137. 409.5.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. )

    Verify source ↗

    Dependents of a service member may get the same benefits as service members under Sections 405 to 409.4 if they apply to a court, unless the court thinks their ability to meet the obligation, contract, lease, or bailment has not been materially impaired by the military 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. ) ## 409.5. Dependents of a service member shall be entitled to the benefits accorded to service members under Sections 405 to 409.4, inclusive, upon application to a court therefor, unless in the opinion of the court the ability of the dependents to comply with the terms of the obligation, contract, lease, or bailment has not been materially impaired by reason of the military service of the person upon whom the applicants are dependent. (Amended by Stats. 2011, Ch. 105, Sec. 2. (AB 713) Effective January 1, 2012.)
  138. 409.6.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. )

    Verify source ↗

    Tax collection from a service member must be deferred if military service materially impairs the person’s ability to pay, and the deferment can last up to six months after service 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. ) ## 409.6. The collection from any service member of any tax on the income of the person, whether falling due prior to or during their period of military service, shall be deferred for a period extending not more than six months after the termination of their period of military service if the person’s ability to pay the tax is materially impaired by reason of the service. Interest on any amount of tax, collection of which is deferred for any period under this chapter, and penalty for nonpayment of the amount during that period, shall not accrue for any period of deferment by reason of that nonpayment. The running of any statute of limitations against the collection of any tax by distraint or otherwise shall be suspended for the period of military service of any individual the collection of whose tax is deferred under this section, and for an additional period of nine months beginning with the day following the period of military service. (Amended by Stats. 2024, Ch. 129, Sec. 48. (SB 1097) Effective January 1, 2025.)
  139. 409.7.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. )

    Verify source ↗

    If a court is satisfied that property, an interest, or a contract was transferred or acquired after this chapter took effect to delay enforcement of a civil right, the court must enter whatever judgment or order is lawful despite any contrary provision in the chapter.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. ) ## 409.7. Where in any proceeding to enforce a civil right in any court, it is made to appear to the satisfaction of the court that any interest, property, or contract has been transferred or acquired since the effective date of this chapter with the intent to delay the just enforcement of that right by taking advantage of the benefits provided under this chapter, the court shall enter judgment or make an order as might lawfully be entered or made, notwithstanding any contrary provision of this chapter. (Added by renumbering Section 416 (as added by Stats. 2002, Ch. 60) by Stats. 2003, Ch. 62, Sec. 216. Effective January 1, 2004.)
  140. 409.8.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. )

    Verify source ↗

    An authorized military officer must furnish a certificate on application, and missing service members are presumed to remain in service until accounted for or their death is reported/found.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. ) ## 409.8. (a) In any proceeding under this chapter, a certificate signed by an appropriately authorized officer of the military department, branch, or unit in which a service member is serving shall be prima facie evidence as to any of the following facts stated in that certificate: (1) That a person named has not been, is, or has been in the military service. (2) The time when and the place where the person entered military service. (3) The person’s residence at that time, and the rank, branch, and unit of the service that the person entered. (4) The dates within which the person was in the military service. (5) The monthly pay received by the person at the date of issuing the certificate. (6) The time when and the place where the person died in or was discharged from the service. (b) It shall be the duty of the authorized officer to furnish that certificate on application, and any certificate, when purporting to be signed by an officer purporting on the face of the certificate to have been so authorized, shall be prima facie evidence of its contents and of the authority of the signer to issue the certificate. (c) Where a person in military service has been reported missing, they shall be presumed to continue in the service until accounted for, and no period herein limited that begins or ends with the death of the person shall begin or end until the death of the person is in fact reported to or found by the United States Department of Defense or any court or board thereof, or the Military Department or any court or board thereof, or until the person’s death is found by a court of competent jurisdiction. (Amended by Stats. 2024, Ch. 129, Sec. 49. (SB 1097) Effective January 1, 2025.)
  141. 409.9.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. )

    Verify source ↗

    A court may revoke, modify, or extend an interlocutory order made under this chapter, on its own motion or otherwise, after notice to affected parties as required.

    ## 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 7.5. Protections [400 - 409.15] ( Chapter 7.5 added by Stats. 2002, Ch. 60, first Sec. 6. ) ## 409.9. Any interlocutory order made by any court under the provisions of this chapter may, upon the court’s own motion or otherwise, be revoked, modified, or extended by it upon notice to the parties affected as it may require. (Added by renumbering Section 418 (as added by Stats. 2002, Ch. 60) by Stats. 2003, Ch. 62, Sec. 218. Effective January 1, 2004.)
  142. 410.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    When the National Guard, Naval Militia, or unorganized militia is called into active service, the State must provide needed supplies and equipment not supplied by the United States.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 410. The National Guard, Naval Militia, and unorganized militia when called into active service shall be provided by the State with the supplies and equipment, not supplied by the United States, necessary for the proper performance of functions authorized or prescribed by the laws and regulations of the State and the United States. (Enacted by Stats. 1935, Ch. 389.)
  143. 411.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    County supervisors and city legislative bodies may use general-fund money for National Guard or Naval Militia purposes, but only within their own county or city.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 411. The board of supervisors of any county or the legislative body of any city may appropriate money from the general fund of such county or city for the use, benefit, or assistance of the National Guard or Naval Militia or for National Guard or Naval Militia purposes within such county or city only. (Amended by Stats. 1955, Ch. 728.)
  144. 412.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Officers accountable for public or company funds or property must deliver it to the person designated to replace them, or they can be charged for shortages. Quartermasters and supply officers are responsible for property issued to the headquarters they serve.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 412. Any officer who is accountable for any Federal, State, or company funds or property who fails or neglects to deliver over such funds or property to the person designated by proper authority to relieve such officer, shall be charged with all shortages thereof not covered by the receipt obtained by such officer from the person to whom he has delivered the same. Quartermasters and supply officers are accountable and responsible for all property issued to the headquarters to which they are attached or with which they are on duty. (Enacted by Stats. 1935, Ch. 389.)
  145. 412.5.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The Adjutant General and Military Department may create and manage support programs and related funds, accept donations, make agreements, and adopt rules; the Adjutant General must also audit the fund and report to the Department of Finance each year by March 31.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 412.5. (a) Notwithstanding any other law, the Adjutant General may do all of the following: (1) Establish support programs, including, but not limited to, morale, welfare, recreational, training, and educational programs for the benefit of the Military Department, its components, and its soldiers, airmen, and cadets, including their family members. These programs shall be collectively known as the California Military Department Foundation. (2) Establish, construct, or acquire facilities or equipment for the purposes specified in paragraph (1). (3) Adopt rules and regulations for all of the following: (A) The California Military Department Foundation. (B) The solicitation and acceptance of funds authorized pursuant to subdivision (b). (C) The establishment, deposit, and expenditure of military post, welfare, or similar unit funds. (4) Perform other acts as may be necessary, desirable, or proper to carry out the purposes of this section. (5) (A) The Adjutant General and the Military Department may enter into agreements with nonprofit military or veteran foundations, military organizations, or other entities to conduct California Military Department Support Fund activities pursuant to established rules and regulations. An agreement may be in the form of a memorandum of agreement that describes the roles and responsibilities of each party. (B) Notwithstanding subdivision (b) and Section 13340 of the Government Code, the Military Department may expend money in the California Military Department Support Fund to pay a nonprofit military or veteran foundation, military organization, or other entity for the sole purpose of supporting California Military Department Support Fund activities pursuant to this paragraph if that money was donated for those purposes. Payments pursuant to this subparagraph may include an advance payment to a nonprofit military or veteran foundation, military organization, or other entity with instructions regarding the use of the moneys. A nonprofit military or veteran foundation, military organization, or other entity shall return any balance of unused moneys to the Military Department within 30 days of the expiration of any agreement or memorandum of agreement. (b) (1) There is the California Military Department Support Fund established in the State Treasury. Except as set forth in subparagraph (B) of paragraph (5) of subdivision (a), the money in the California Military Department Support Fund is available, upon appropriation by the Legislature, solely for the purposes prescribed by this section. (2) It is the intent of the Legislature that funds appropriated to the Military Department, as provided by this section, be used to supplement, not supplant, funding appropriated to the Military Department pursuant to any other law for the purposes prescribed by this section. (c) (1) Notwithstanding any other law, the Adjutant General and the Military Department may solicit and accept funds or other donations that shall be deposited in the California Military Department Support Fund. In-kind donations may be accepted and accounted for pursuant to rules and regulations promulgated by the department. (2) Section 11005 of the Government Code does not apply to the acceptance of funds or other donations pursuant to this subdivision. (3) Except for the purposes of paragraph (2) of subdivision (a), Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code does not apply to the expenditure of funds or donations for the purposes of this section. (d) For accounting and recordkeeping purposes, the California Military Department Support Fund shall be deemed to be a single special fund, and special funds therein shall constitute and be deemed to be a separate account in the California Military Department Support Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law. (e) The California National Guard Military Family Relief Fund is hereby repealed, and all moneys remaining in the fund on the date the fund is repealed shall be deposited into the California Military Department Support Fund. (f) On or before March 31 of each year, the Adjutant General shall conduct an internal audit of the fund established in accordance with subdivision (b) and report the findings of the audit to the Department of Finance. (Amended by Stats. 2023, Ch. 45, Sec. 42. (AB 127) Effective July 10, 2023.)
  146. 413.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Certain military funds must be deposited in a bank, trust-held assets may be released to National Guard units only under stated conditions, and recipient units must use the assets for military purposes and account 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 413. All moneys including company funds, of which the commanding officer or other officer or employee is the custodian, shall be deposited in a national bank or a bank incorporated under the laws of this State. All moneys, funds, bonds, securities, property or other assets held in trust for or on behalf of any National Guard units or organizations or the commanding officers thereof, by the State of California, the State Treasurer, or other public or trust officer, may be paid to such units or organizations to be used for military purposes upon demand of the National Guard units or organizations or the commanding officers thereof provided the Adjutant General shall have approved such payment. If the National Guard units or organizations which made said payment or delivered said property in trust is or are not in existence, then said moneys, funds, bonds, securities, property or other assets so held in trust may be paid or delivered upon like demand to the successor or successors of said units or organizations. A National Guard unit or units or organizations shall be a successor or successors within the meaning of this section if it or they is or are located at, and its or their members reside in, the same general area as its or their predecessor. The order of the Adjutant General determining that a unit or units or an organization is or are a successor or successors within the meaning of this section shall be conclusive of the fact. If no National Guard unit or units is or are organized in said general area as a successor or successors then the said moneys, funds, bonds, securities, property or other assets so held in trust may be paid or delivered upon like demand and approval to the next highest organized unit in the echelon of command that includes the said general area of said former units or organizations that may have deposited said property or assets in trust as aforesaid. All money, funds, bonds, securities, property or other asssets paid or delivered to any National Guard unit or units or organization pursuant to this section shall be used for military purposes and the benefit of such unit or units or organization receiving the same, and if not so used shall be paid or delivered to the Adjutant General upon his demand and who shall in turn transmit the same to the State Treasurer in augmentation of the appropriations for military purposes. All of said units and organizations shall render an accounting to the Adjutant General upon demand and at least once in each calendar year. (Amended by Stats. 1947, Ch. 330.)
  147. 414.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Officers and enlisted people who are issued public property are personally responsible for it, unless the Governor is satisfied the loss or destruction was unavoidable and not their fault.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 414. Every officer and enlisted person to whom public property has been issued shall be personally responsible to the state for that property. No one shall be relieved from this responsibility, unless it is shown, to the satisfaction of the Governor, that the loss or destruction of the property was unavoidable and in no way the fault of the person responsible for the loss. In all other cases the value of the property lost or destroyed, in the amount determined by a surveying officer or a board as herein provided, shall be charged against the person at fault or, with the concurrence of the appropriate commanding officer, against the command to or for which it had been issued, and if not relieved from the charge by the Governor, there shall be an indebtedness from that person or command to the state. (Amended by Stats. 2018, Ch. 118, Sec. 36. (SB 1501) Effective January 1, 2019.)
  148. 415.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    If the commanding officer disagrees with the surveying officer, a board decides the value of the lost or destroyed property and who or what is charged; the board’s majority decision is final.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 415. If the commanding officer of the organization charged does not concur in the finding of the surveying officer, then the value of lost or destroyed property and the person or command to be charged therewith shall be determined by the board consisting of the commanding officer of the organization in which such property is lost and two disinterested officers not below the grade of major appointed by The Adjutant General. A decision of a majority of the board so constituted shall be final. (Amended by Stats. 1945, Ch. 1183.)
  149. 416.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Certain debts owed to the state must be deducted or withheld from state money otherwise payable, and the Attorney General may sue to recover unpaid indebtedness after final determination.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 416. (a) When the amount determined by a board, as provided in Section 415, as the value of lost, damaged, or destroyed property is charged to a person, it shall be deducted from any pay or allowance due or to become due to the person from the state. Money due to the state for any reason, with or without the action of a board, from a member of the active militia, a member of the unorganized militia when called for active duty, or any civilian employee of the Office of the Adjutant General shall be deducted or withheld from any money due or to become due that member or civilian employee from the state, including any pay and allowances payable pursuant to Article 1 (commencing with Section 320) of Chapter 5 of Part 1 of Division 2. When the amount is charged to a command, it shall be deducted one-half in successive calendar years from any allowance or money due or to become due to it from the state, except that on the disbandment of a command any indebtedness then existing and any indebtedness as may be charged to it upon a final settlement of property accounts shall, as soon as determined, be paid out of its military funds or unexpended appropriations. (b) An action may be maintained in the name of the people of the state in any court of competent jurisdiction by the Attorney General, upon request of the Adjutant General, to recover from a member of the active militia, a member of the unorganized militia when called for active duty, or any civilian employee of the Office of the Adjutant General or their sureties any indebtedness to the state remaining unpaid upon final determination of the indebtedness. (Amended by Stats. 2024, Ch. 129, Sec. 51. (SB 1097) Effective January 1, 2025.)
  150. 417.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The Adjutant General must contract for transportation of arms, equipment, military stores, and other military transportation covered by this section.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 417. The transportation of arms, equipment, and military stores issued to troops or received by the State and all other military transportation shall be contracted for by the Adjutant General. (Amended by Stats. 1947, Ch. 393.)
  151. 418.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Property bought with state-allowed militia funds belongs to the State and must be listed on the next property return after purchase.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 418. All property purchased out of the moneys allowed by the State for the use and convenience of the militia is the property of the State and shall be enumerated on the property returns next following its purchase. (Enacted by Stats. 1935, Ch. 389.)
  152. 419.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Members of the militia may not wear or use state or unit military property except while on military duty or with special permission from their commanding officer.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 419. No member of the militia shall wear or use, except when on military duty, or by special permission of his commanding officer, any uniform or other article of military property belonging to the State or to the organization of which he is a member. (Enacted by Stats. 1935, Ch. 389.)
  153. 420.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    An officer in charge of public property for military use may not transfer any part of it, whether as a loan or permanently, unless the Governor authorizes it.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 420. No officer in charge of public property for military use shall transfer any portion thereof, either as a loan or permanently, without the authority of the Governor. (Enacted by Stats. 1935, Ch. 389.)
  154. 421.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    A person may not hide, sell, buy, keep after demand, pawn, or pledge certain military or naval property; the offense is a felony if the property is worth $950 or more, and a misdemeanor otherwise.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 421. Any person who secretes, sells, disposes of, offers for sale, purchases, retains after demand made by a commissioned officer of the National Guard or of the unorganized militia when called into the service of the state or Naval Militia, or in any manner pawns or pledges any arms, uniforms, equipment, or military or naval property of the state or of the United States, or of any organization of the active militia or of the unorganized militia when called into the service of the state is guilty of a felony if said arms, uniforms, equipments, or military or naval property of the state or of the United States is of a value of nine hundred fifty dollars ($950) or more, otherwise such person is guilty of a misdemeanor. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 28, Sec. 5. (SB 18 3x) Effective January 25, 2010.)
  155. 422.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Most people may not wear specified U.S. military or similar uniforms, unless they are in one of the listed authorized categories.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 422. Any person other than an officer, warrant officer, or enlisted person of the California National Guard, or of the unorganized militia when called into the service of the state or of the State Guard or who may be appointed under Section 141 or who may be authorized by Sections 502, 502.1, or 502.2 or who may be a member of the Naval Militia of this state, or who may be a member of the military forces of another state or of the United States Army, United States Air Force, United States Navy, United States Marine Corps, United States Space Force, United States Coast Guard Service or United States or State Forest Service, or personnel of the Department of Fish and Wildlife, or members of the Department of the California Highway Patrol, or an inmate of any veterans’ or soldiers’ home, or other person authorized by the laws of the United States or of this state, who at any time wears the uniform of the United States Army, United States Air Force, or United States Navy, or of the armed forces of the United States or any organization thereof, or National Guard or Naval Militia, or any part of that uniform, or a uniform or part of a uniform similar thereto, is guilty of a misdemeanor and is punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or by imprisonment in the county jail not exceeding 60 days, or by both. (Amended by Stats. 2022, Ch. 379, Sec. 14. (AB 1715) Effective January 1, 2023.)
  156. 423.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    When the National Guard or Naval Militia is in active service or called into active service, civic organizations and their members must not parade or appear in uniform in the locality where they are serving.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 423. Whenever the National Guard or Naval Militia, or any part thereof, is in active service or is called into active service, no civic organization or member thereof shall parade or appear in uniform in the locality where the National Guard or Naval Militia is in service. (Enacted by Stats. 1935, Ch. 389.)
  157. 424.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    A person may not wear a foreign military or semimilitary uniform, or a similar uniform, unless they are a member and entitled to do so; violations are misdemeanors with fines, jail, or both.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Funds, Arms, and Equipment [410 - 424] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 424. Any person, who at any time wears the uniform of, or a uniform similar to that of, a foreign military or semimilitary organization without being a member thereof and being entitled to do so, is guilty of a misdemeanor and is punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or by imprisonment in the county jail not exceeding 60 days or by both such fine and imprisonment. The provisions of this section shall not apply to the wearing of such uniforms by actors during the filming of any motion picture or the presentation of any stage play. (Amended by Stats. 1983, Ch. 1092, Sec. 228. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  158. 430.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Armories [430 - 439.1] ( Article 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    This article defines “armory” to include certain militia-related buildings, places, vessels, quarters, accommodations, and training facilities.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Armories [430 - 439.1] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 430. As used in this article, “armory” means and includes any building or portion thereof, rifle range, camp site, airport, arsenal, vessel, quarters, accommodations, or training facilities devoted to the use of the militia. (Amended by Stats. 1977, Ch. 295.)
  159. 431.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Armories [430 - 439.1] ( Article 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The Adjutant General may control and use armories, contract with the United States for armory operations, and must handle armory revenues through monthly accounting and deposit them to the Treasury.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Armories [430 - 439.1] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 431. (a) The Adjutant General may, either directly or through armory boards, or through subordinate commanders, lease or otherwise authorize the use of, by any person for any lawful purpose, manage, supervise all activities in, perform all necessary military duties with respect to and control all armories that are built or acquired by the state, that come into possession or control of the state, or that are erected, purchased, leased, or provided or contributed to, in whole or in part, by any city, county, political subdivision, or district, or by anyone, for armory purposes. (b) The Adjutant General may contract with the United States for the operation of any armory for purposes of training of federal military personnel, with provision that all state costs related to that operation shall be reimbursed by the United States. (c) All revenues or income from any armory shall be paid to the Adjutant General who shall account for the revenues or income to the Controller at the close of each month in the form that the Controller prescribes and shall deposit the revenues and income into the Treasury to the credit of the Armory Discretionary Improvement Account, which is hereby created, in the General Fund. The revenues and income in the account shall be available, when appropriated, to the Adjutant General, for allocation for the maintenance, repairs, improvements, and operating expenses necessary or desirable for increased or improved community utilization of the facilities of the armory from which the revenues and income were derived. (Amended by Stats. 2012, Ch. 728, Sec. 123. (SB 71) Effective January 1, 2013.)
  160. 431.5.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Armories [430 - 439.1] ( Article 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    A State Treasury fund is created for Army Facilities Agreement Program income, and certain revenue must be deposited into it.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Armories [430 - 439.1] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 431.5. There is in the State Treasury the Army Facilities Agreement Program Income Fund. Any revenue received from nonfederal tenants’ use of Military Department facilities shall be deposited into the fund. The money in the fund is available, upon appropriation by the Legislature, for the purpose of maintenance, repairs, improvements, and other activities necessary to maintain Army National Guard facilities and shall be expended pursuant to the National Guard Bureau Army Facilities Program Cooperative Agreement or be returned to the United States Property and Fiscal Office of California pursuant to the Army Facilities Program Cooperative Agreement requirements. (Added by Stats. 2023, Ch. 45, Sec. 43. (AB 127) Effective July 10, 2023.)
  161. 432.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Armories [430 - 439.1] ( Article 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The Adjutant General may establish armory boards to manage armories, and those boards must handle armory activities and send revenues to the Adjutant General each month.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Armories [430 - 439.1] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 432. For the control and management of the armories, the Adjutant General may cause to be established from the personnel of the organized militia armory boards, the personnel of which shall serve without pay. Such boards, subject to the direction of the Adjutant General, shall control, manage, and supervise all activities in armories and may rent to or otherwise authorize the use of such armories by persons and organizations including those not connected with the National Guard and Naval Militia. Such boards shall remit all revenues therefrom at least once each month to the Adjutant General who shall account for and deposit such revenues pursuant to Section 431. (Amended by Stats. 1961, Ch. 2182.)
  162. 433.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Armories [430 - 439.1] ( Article 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The Adjutant General may lease armories for the militia on behalf of the State.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Armories [430 - 439.1] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 433. The Adjutant General may lease on behalf of the State armories necessary for the use of the militia. (Enacted by Stats. 1935, Ch. 389.)
  163. 433.5.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Armories [430 - 439.1] ( Article 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    State armories may be used for emergency purposes if the Military Department and the Office of Emergency Services mutually agree on the terms and conditions.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Armories [430 - 439.1] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 433.5. All state armories may be used for emergency purposes on such terms and conditions as shall be mutually agreeable to the Military Department and the Office of Emergency Services. (Amended by Stats. 2013, Ch. 352, Sec. 402. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  164. 434.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Armories [430 - 439.1] ( Article 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The Adjutant General must regulate armories and take certain steps for armory projects, including written findings, coordination with the Department of General Services, annual reporting, and notice for certain state-funded projects. The Adjutant General may also acquire land and build armories when appropriations have been made.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Armories [430 - 439.1] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 434. (a) The Adjutant General, under the direction of the Governor, shall make and enforce regulations for the government and control of armories. Where appropriations have been made therefor, the Adjutant General may purchase, receive by donation, or otherwise acquire or lease real estate for armory or storage purposes. Where appropriations have been made therefor, the Adjutant General may construct and build armories, buildings, structures, and facilities required for the use of the Adjutant General and the military forces of this state. (b) Notwithstanding any other provision of law, the Adjutant General may cooperate and contract with authorized representatives of the United States government in carrying out the provisions of this section, if the Adjutant General determines that it is in the best interest of the state. In determining if this course of action is in the best interest of the state, the Adjutant General shall make findings in writing, and shall consider all of the following criteria: (1) The contracting method selected results in the least cost to the state. (2) The contracting method selected assures that any contracts requiring federal funds are awarded in the same federal fiscal year of appropriation by Congress. (3) The contracting method selected will result in full compliance with federal military construction standards. (4) The contracting method selected will ensure full compliance with all state building codes. (c) In carrying out the provisions of subdivision (b), the Adjutant General shall do both of the following: (1) Coordinate with the Department of General Services to utilize the department for any project that uses state matching funds. (2) Submit to the Department of General Services a written annual summary of the findings required by subdivision (b). (d) For any project using 100 percent state funds and built entirely on state owned land, the Adjutant General shall indicate to the Department of General Services that the construction project is being constructed in accordance with the California Building Standards Code set forth in Title 24 of the California Code of Regulations. (Amended by Stats. 2001, Ch. 190, Sec. 1. Effective January 1, 2002.)
  165. 435.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Armories [430 - 439.1] ( Article 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    This section lets the Director of General Services lease or sell armory property under set conditions, requires notice and priority sale steps for local agencies, and directs how sale proceeds and related funds are handled.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Armories [430 - 439.1] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 435. (a) The Director of General Services, with the approval of the Adjutant General, may lease for not more than 99 years or sell for fair market value, upon terms and conditions and subject to any reservations and exceptions as may be determined to be in the best interests of the State, any real property held for armory purposes. Real property shall not be sold or leased pursuant to this subdivision unless the Legislature, by statute, approves the sale or lease of the property. (b) (1) An armory shall be offered for sale to any local agency, as defined in subdivision (a) of Section 54221 of the Government Code, before being offered for sale to private entities or individuals. (2) For purposes of paragraph (1), fair market value shall be determined by an appraisal undertaken and approved by the Director of General Services. (3) The Department of General Services, subject to this subdivision, shall maintain a list of armories authorized for sale in a conspicuous place on its Internet Web site. The Department of General Services shall provide local agencies and, upon request, members of the public, with electronic notification of updates to the list of properties. (4) To be considered as a potential priority buyer of the armory, a local agency shall notify the Department of General Services of its interest in the armory within 90 days of the Department of General Services posting on its Internet Web site the notice of the availability of the armory property. When more than one local agency expresses an interest in the armory, the Department of General Services shall transfer the armory to the local agency offering the highest amount of money above fair market value. (5) If no local agency is interested, or an agreement, as provided above, is not reached, then the disposal of the armory to private entities or individuals shall be pursuant to a public bidding process designed to obtain the highest most certain return for the state from a responsible bidder, and any transaction based on that bidding process shall be deemed to be the fair market value. (c) As to an armory sold pursuant to this section, the Director of General Services shall except and reserve to the state all mineral deposits, as described in Section 6407 of the Public Resources Code, together with the right to prospect for, mine, and remove the deposits. If, however, the Director of General Services determines that there is little or no potential for mineral deposits, the reservation may be without surface right of entry above a depth of 500 feet, or the rights to prospect for, mine, and remove the deposits shall be limited to those areas of the armory conveyed that the director determines to be reasonably necessary for the removal of the deposits. (d) There is in the State Treasury the Armory Fund. All net proceeds from the sale or lease of an armory shall be deposited in the fund. The money in the fund is available, upon appropriation by the Legislature, for the maintenance of existing armories, and for the acquisition or construction of new or replacement armories, including, but not limited to, the cost of design. The disposition of armory properties is not subject to subdivision (g) of Section 11011 of the Government Code. (e) For the purposes of this section, “net proceeds” are the gross proceeds less: (1) Outstanding reimbursements due to the Property Acquisition Law Money Account for costs incurred by the Department of General Services in selling an armory property. (2) All costs directly related to the disposition of an armory, including, but not limited to, all costs and expenses incurred by the Department of General Services, as specified in subdivision (f). (f) Notwithstanding subdivision (d), the Department of General Services shall, upon appropriation by the Legislature, use funds from the Property Acquisition Law Money Account for the purposes of selling armory properties. The Director of Finance may approve loans from the General Fund to the Property Acquisition Law Money Account. (g) The sale of an armory shall be made on an “as is” basis and is exempt from Chapter 3 (commencing with Section 21100) of Division 13 of the Public Resources Code. Upon vesting title of the armory to the purchaser or transferee of the armory, the purchaser or transferee is subject to any local governmental land use entitlement requirements and to Chapter 3 (commencing with Section 21100) of Division 13 of the Public Resources Code. (Amended by Stats. 2018, Ch. 92, Sec. 162. (SB 1289) Effective January 1, 2019.)
  166. 436.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Armories [430 - 439.1] ( Article 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The Adjutant General may accept donated or dedicated property if it can be used for armory purposes.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Armories [430 - 439.1] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 436. The Adjutant General may receive by donation or dedication any property which may be used for armory purposes. (Enacted by Stats. 1935, Ch. 389.)
  167. 437.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Armories [430 - 439.1] ( Article 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The Adjutant General may acquire property needed for armory purposes, but only with approval from the Department of General Services.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Armories [430 - 439.1] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 437. The Adjutant General, in the name of the people of the State of California, with the approval of the Department of General Services, may acquire any property necessary for armory purposes. (Amended by Stats. 1975, Ch. 1239.)
  168. 438.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Armories [430 - 439.1] ( Article 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The Adjutant General may create a Community Advisory Committee, and if created, must set its membership makeup; committee members serve without pay.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Armories [430 - 439.1] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 438. (a) The Adjutant General may appoint a Community Advisory Committee to advise the Adjutant General on matters involving the role and function of California National Guard members and facilities in communities around the state. (b) If the advisory committee is appointed pursuant to subdivision (a), the Adjutant General shall determine the number of members to be appointed to the committee, which shall include representation from cities and counties and organizations or associations which represent the interests of homeless persons. The members of the committee shall serve without compensation. (c) The committee may advise the Adjutant General on issues including, but not limited to, the use of the California National Guard armories as shelters for the homeless. It is not the function of the committee to advise the Adjutant General on matters pertaining to the California National Guard which do not directly impact local communities. (Added by Stats. 1990, Ch. 901, Sec. 2.)
  169. 439.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Armories [430 - 439.1] ( Article 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Cities, city and counties, and counties may provide military-related buildings and facilities, and local officials may lease, manage, fund, tax, and borrow for those purposes.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Armories [430 - 439.1] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 439. Any city, city and county or county may acquire, provide, and maintain buildings, halls, meeting places, and supply stations for the use of the United States Department of the Army, the United States Department of the Navy, the United States Department of the Air Force, the California National Guard, and for such purposes the governing body of the city, or city and county, and the board of supervisors of any county may: (a) Purchase, receive by donation, donate, dedicate, condemn, lease for the use of the Adjutant General for a term not to exceed 99 years or as provided in Section 37392 of the Government Code, or acquire real or personal property, with or without improvements, and erect such buildings, halls, meeting places, and supply stations thereon. (b) Purchase, construct, lease for the use of the Adjutant General for a term not to exceed 99 years or as provided in Section 37392 of the Government Code, furnish, or repair such buildings, and property and provide for the proper maintenance and management thereof. (c) Enter into agreements on behalf of the city, city and county, or county with the Secretary of the Department of the Army, Secretary of the Department of the Air Force, and the Secretary of the Department of the Navy of the United States, and the Adjutant General of the State of California for the use and occupancy of such buildings, including any buildings constructed as memorials or for other purposes. (d) Establish a fund for the purposes hereof, levy a special tax for such purposes, and incur in the manner provided by law a bonded indebtedness on behalf of the city, city and county or the county for any of the purposes of this section. (Amended by Stats. 1954, 1st Ex. Sess., Ch. 46.)
  170. 439.1.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Armories [430 - 439.1] ( Article 2 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The Military Department must submit an annual report to the Legislature on the status of all California armories.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Armories [430 - 439.1] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 439.1. (a) The Legislature hereby finds and declares that the Military Department is unable to perform its security, emergency response, and social and community missions due to deficiencies in the physical condition and suitability of some of its armories, and according to a 2006 Bureau of State Audit report, at least 87 percent of the 109 armories in California are in need of improvement. (b) It is the intent of the Legislature to ensure that the Military Department has adequate facilities to perform its security, emergency response, and social and community missions. (c) The Military Department shall, on or before April 1, 2008, and each year thereafter, submit a report to the Legislature on the status of all California armories. For each armory, the report shall include: (1) The location of the armory. (2) The utilization of the facilities of the armory for military missions, emergency response, and community and social services. (3) The physical condition of the facilities of the armory for its current missions and uses. (4) Any identified improvement, renovation, and modernization projects for the facilities of the armory, and the total estimated costs to complete these projects. (5) The status of recent improvements undertaken at the facilities of the armory. (6) An 18-month projection of all work and improvements that will be completed on the facilities of the armory. (7) The projected workload and staffing necessary for the maintenance, repairs, improvements, and operating expenses of the facilities of the armory. (Added by Stats. 2007, Ch. 742, Sec. 1. Effective January 1, 2008.)
  171. 440.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Los Angeles Air Force Base Housing [440 - 444] ( Article 3 added by Stats. 1992, Ch. 1028, Sec. 1. )

    Verify source ↗

    The listed state and local entities may enter into a joint powers agreement to help provide short-term housing for military personnel stationed at Los Angeles Air Force Base.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Los Angeles Air Force Base Housing [440 - 444] ( Article 3 added by Stats. 1992, Ch. 1028, Sec. 1. ) ## 440. Notwithstanding any other provision of law, the Department of Housing and Community Development, the County of Los Angeles, the City of Inglewood, the City of Hawthorne, and the City of El Segundo, may enter into a joint powers agreement, pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, for the purposes of providing a short-term solution to the problem of providing housing for military personnel stationed at Los Angeles Air Force Base. (Added by Stats. 1992, Ch. 1028, Sec. 1. Effective September 29, 1992.)
  172. 441.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Los Angeles Air Force Base Housing [440 - 444] ( Article 3 added by Stats. 1992, Ch. 1028, Sec. 1. )

    Verify source ↗

    The joint powers agreement may be modified, if necessary, to add other public agencies contiguous to the local agencies named in Section 440.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Los Angeles Air Force Base Housing [440 - 444] ( Article 3 added by Stats. 1992, Ch. 1028, Sec. 1. ) ## 441. The joint powers agreement entered into pursuant to this article may be modified, as necessary, to include other public agencies contiguous to the local agencies specified in Section 440. (Added by Stats. 1992, Ch. 1028, Sec. 1. Effective September 29, 1992.)
  173. 442.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Los Angeles Air Force Base Housing [440 - 444] ( Article 3 added by Stats. 1992, Ch. 1028, Sec. 1. )

    Verify source ↗

    The contracting parties named in this article may share the power to provide a short-term housing solution for military personnel stationed at Los Angeles Air Force Base.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Los Angeles Air Force Base Housing [440 - 444] ( Article 3 added by Stats. 1992, Ch. 1028, Sec. 1. ) ## 442. For the purposes of this article, the power to provide a short-term solution to the problem of housing for military personnel stationed at Los Angeles Air Force Base shall be a power common to the contracting parties specified in this article, as required by Section 6502 of the Government Code. (Added by Stats. 1992, Ch. 1028, Sec. 1. Effective September 29, 1992.)
  174. 443.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Los Angeles Air Force Base Housing [440 - 444] ( Article 3 added by Stats. 1992, Ch. 1028, Sec. 1. )

    Verify source ↗

    The Department of Housing and Community Development must not pay the costs of implementing or administering certain housing programs under the article’s joint powers agreement.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Los Angeles Air Force Base Housing [440 - 444] ( Article 3 added by Stats. 1992, Ch. 1028, Sec. 1. ) ## 443. The Department of Housing and Community Development shall not bear the costs to implement or administer any housing program established pursuant to the joint powers agreement authorized by this article. (Added by Stats. 1992, Ch. 1028, Sec. 1. Effective September 29, 1992.)
  175. 443.5.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Los Angeles Air Force Base Housing [440 - 444] ( Article 3 added by Stats. 1992, Ch. 1028, Sec. 1. )

    Verify source ↗

    Money received or administered by the state under the federal HOME program cannot be used for this article.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Los Angeles Air Force Base Housing [440 - 444] ( Article 3 added by Stats. 1992, Ch. 1028, Sec. 1. ) ## 443.5. No moneys received by or administered by the state under the federal HOME program which is part of the Cranston-Gonzalez National Affordable Housing Act (P.L. 101-625) shall be used for purposes of this article. (Added by Stats. 1992, Ch. 1028, Sec. 1. Effective September 29, 1992.)
  176. 444.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Los Angeles Air Force Base Housing [440 - 444] ( Article 3 added by Stats. 1992, Ch. 1028, Sec. 1. )

    Verify source ↗

    A jurisdiction that is party to the authorized joint powers agreement must comply with the specified Government Code provisions.

    ## 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 8. Equipment and Accommodations [410 - 444] ( Chapter 8 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Los Angeles Air Force Base Housing [440 - 444] ( Article 3 added by Stats. 1992, Ch. 1028, Sec. 1. ) ## 444. A jurisdiction that is a party to the joint powers agreement authorized by this article shall comply with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. (Added by Stats. 1992, Ch. 1028, Sec. 1. Effective September 29, 1992.)
  177. 450.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    This section lists the military courts of the state.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. ) ## 450. The military courts of this state are: (a) general courts-martial; (b) special courts-martial; (c) summary courts-martial; (d) courts of inquiry; and (e) Courts-Martial Appellate Panel. (Amended by Stats. 2013, Ch. 322, Sec. 1. (AB 1410) Effective January 1, 2014.)
  178. 450.1.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    This section lets commanding officers and certain other officers impose specified disciplinary punishments for minor offenses, subject to regulations and limits, and it sets rules for appeal, suspension, mitigation, and recordkeeping.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. ) ## 450.1. (a) Under regulations as the Governor may prescribe, and under any additional regulations as may be prescribed by the Adjutant General, limitations may be placed on the powers granted by this section with respect to the kind and amount of punishment authorized, the categories of commanding officers and warrant officers exercising command authorized to exercise those powers, the applicability of this section to an accused who demands trial by court-martial, and the kinds of courts-martial to which the case may be referred upon that demand. Except in the case of the imposition of fines upon officers and warrant officers, punishment may not be imposed upon any member of the California National Guard under this section if the member has, before the imposition of punishment, demanded trial by court-martial in lieu of punishment. Under similar regulations, rules may be prescribed with respect to the suspension of punishments authorized hereunder. If authorized by regulations of the Adjutant General, a commanding officer who under the Uniform Code of Military Justice would exercise general court-martial jurisdiction or an officer of general rank in command may delegate his or her powers under this section to a principal assistant. (b) Subject to subdivision (a), any commanding officer may, in addition to or in lieu of admonition or reprimand, impose one or more of the following disciplinary punishments for minor offenses without the intervention of a court-martial: (1) Upon officers of his or her command: (A) Restriction to certain specified limits, with or without suspension from duty, for not more than 30 consecutive days. (B) If imposed by an officer who under the Uniform Code of Military Justice would exercise general court-martial jurisdiction or an officer of general rank in command: (i) Arrest in quarters for not more than 30 consecutive days. (ii) Impose a fine of not more than 15 days pay per month for two months. (iii) Restriction to certain specified limits with or without suspension from duty for not more than 60 consecutive days. (iv) Detention of not more than 15 days’ pay per month for three months. (2) Upon other personnel of his or her command: (A) Correctional custody for not more than seven consecutive days. (B) Impose a fine of not more than seven days’ pay. (C) Reduction to the next inferior pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction. (D) Extra duties, including fatigue or other duties, for not more than 14 consecutive days. (E) Restriction to certain specified limits, with or without suspension from duty, for not more than 14 consecutive days. (F) Detention of not more than 14 days’ pay. (G) If imposed by an officer of the grade of major or above: (i) Correctional custody for not more than 30 consecutive days. (ii) Impose a fine of not more than 15 days’ pay per month for two months. (iii) Reduction to the lowest or any intermediate pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, but an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades. (iv) Extra duties, including fatigue or other duties, for not more than 45 consecutive days. (v) Restrictions to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days. (vi) Detention of not more than 15 days’ pay per month for three months. The punishments heretofore prescribed by subdivision (b) (1) A, B(i) and (iii) and subdivision (b) (2) A, D, E, G(i), (iv) and (v) hereof may be imposed only during annual active duty for training or active state service, except that extra duties may be imposed upon enlisted persons while in armory drill status for two hours (to be completed not later than 2400 hours) for two consecutive drills. Detention of pay shall be for a stated period of not more than one year but if the offender’s term of service expires earlier, the detention shall terminate upon that expiration. No two or more of the punishments of arrest in quarters, correctional custody, extra duties, and restriction may be combined to run consecutively in the maximum amount imposable for each. Whenever any of those punishments are combined to run consecutively, there shall be an apportionment. In addition, forfeiture of pay may not be combined with detention of pay without an apportionment. For the purposes of this subdivision, “correctional custody” means the physical restraint of a person during duty or nonduty hours and may include extra duties, fatigue duties, or hard labor. If practicable, correctional custody shall not be served in immediate association with persons awaiting trial or held in confinement pursuant to trial by court-martial. (c) An officer in charge may impose upon enlisted members assigned to the unit of which he or she is in charge any of the punishments authorized under subdivision (b)(2)(A) to (G), inclusive, as the Adjutant General may specifically prescribe by regulation. (d) The officer who imposes the punishment authorized in subdivision (b), or his or her successor in command, may, at any time, suspend probationally any part or amount of the unexecuted punishment imposed and may suspend probationally a reduction in grade or a fine imposed under subdivision (b), whether or not executed. In addition, the officer may, at any time, remit or mitigate any part or amount of the unexecuted punishment imposed and may set aside in whole or in part the punishment, whether executed or unexecuted, and restore all rights, privileges, and property affected. The officer may also mitigate reduction in grade to a fine or detention of pay. When mitigating: (1) arrest in quarters to restriction; (2) correctional custody to extra duties or restriction, or both; or (3) extra duties to restriction; the mitigated punishment shall not be for a greater period than the punishment mitigated. When mitigating a fine to detention of pay, the amount of the detention shall not be greater than the amount of the fine. When mitigating reduction in grade to a fine or detention of pay, the amount of the fine or detention shall not be greater than the amount that could have been imposed initially under this article by the officer who imposed the punishment mitigated. (e) A person punished under this section who considers his or her punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority. The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged. The superior authority may exercise the same powers with respect to the punishment imposed as may be exercised under subdivision (d) by the officer who imposed the punishment. Before acting on an appeal from a punishment of: (1) arrest in quarters for more than seven days; (2) correctional custody for more than seven days; (3) a fine of more than seven days’ pay; (4) reduction of one or more pay grades from the fourth or a higher pay grade; (5) extra duties for more than 14 days; (6) restriction for more than 14 days; or (7) detention of more than 14 days’ pay; the authority who is to act on the appeal shall refer the case to a judge advocate of the California National Guard for consideration and advice, and may so refer the case upon appeal from any punishment imposed under subdivision (b). (f) The imposition and enforcement of disciplinary punishment under this section for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission, and not properly punishable under this section; but the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty. (g) The Adjutant General may, by regulation, prescribe the form of records to be kept of proceedings under this article and may also prescribe that certain categories of those proceedings shall be in writing. (Amended by Stats. 2018, Ch. 118, Sec. 38. (SB 1501) Effective January 1, 2019.)
  179. 451.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Military courts and active militia matters are generally governed by U.S. military rules, with exceptions in this chapter and related California regulations. An attempt by an active militia member to kill themself is not to be prosecuted as a military crime, and the Adjutant General must arrange prompt referral for help.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. ) ## 451. (a) The constitution and jurisdiction of general courts-martial, special courts-martial, summary courts-martial, and courts of inquiry, the form and manner in which the proceedings are conducted and recorded, the forms of oaths and affirmations taken in the administration of military law by such courts, the limits of punishment, and the proceedings in the revision thereof, shall be governed by the terms of the laws and regulations governing the United States Army, Air Force, or Navy, and the law and procedure of similar courts of the United States Army, Air Force, or Navy, except as otherwise provided in this chapter. (b) The provisions of the Uniform Code of Military Justice, and the rules and regulations published thereunder, shall govern and be applicable to the active militia, including the California National Guard, except as otherwise provided in this code, the California Manual for Courts-Martial, or other regulations as adopted by the Governor or Adjutant General. (c) (1) Notwithstanding subdivision (b), an attempt by a member of the active militia, including the California National Guard, to kill himself or herself shall not be prosecuted as a military crime. (2) The Adjutant General shall ensure that any member of the active militia that attempts to kill himself or herself shall be referred, as soon as practically possible, to the department’s Behavioral Health Liaison Program, or its successor, to receive assistance, counseling, or referral to other appropriate available services. (Amended by Stats. 2016, Ch. 328, Sec. 1. (AB 2273) Effective January 1, 2017.)
  180. 452.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    General courts-martial may be convened by the President, the Governor, or the Adjutant General, and the convening authority is the approving, reviewing, and confirming authority.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. ) ## 452. General courts-martial may be convened by the President of the United States or the Governor or the Adjutant General. The convening authority shall be the approving, reviewing and confirming authority. After authentication the record will be sent by the trial counsel to the reviewing authority for proper action and will thereafter be filed in the Office of the Adjutant General. (Amended by Stats. 1955, Ch. 728.)
  181. 453.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Special courts-martial may be appointed by specified commanding officers or by superior authority, and the trial record must be filed in the Adjutant General’s office after final review action.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. ) ## 453. Special courts-martial may be appointed by the commanding officer of a district, garrison, fort, post, camp, station, or other place where troops are on duty, division, brigade, regiment, detached battalion, or other detached command or corresponding unit of Army or Air Force, and by the commanding officer of any group of detached units placed under a single commander for this purpose. Such courts-martial may also be appointed by superior authority when by the latter deemed desirable. When any such commanding officer is the accuser or the prosecutor of the person or persons to be tried, the court shall be appointed by superior authority. Special courts-martial may be composed of either one officer who shall be a field grade officer of the rank of major, lieutenant colonel or colonel or three or more members as provided for in the Uniform Code of Military Justice and the rules and regulations published thereunder. After final action by the reviewing authority the record of the trial by special courts-martial shall be filed in the office of the Adjutant General. (Amended by Stats. 1967, Ch. 587.)
  182. 454.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Commanding officers may appoint summary courts-martial in covered units, superior authority may also appoint them, and if only one officer is present with a command, that officer must act as the summary court-martial and decide cases. After final review action, an authenticated charge sheet must be filed with 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. ) ## 454. Summary courts-martial may be appointed by the commanding officer of a garrison, fort, post, camp, or other place where troops are on duty, regiment, detached battalion, detached company, or other detachment; but those summary courts-martial may in any case be appointed by superior authority when by the latter deemed desirable: Except when only one officer is present with a command, he or she shall be the summary courts-martial of that command and shall hear and determine cases brought before him or her. After final action by the reviewing authority an authenticated copy of the completed charge sheet shall be filed in the office of the Adjutant General. (Amended by Stats. 1994, Ch. 114, Sec. 53. Effective January 1, 1995.)
  183. 455.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Courts of inquiry must have at least three members and must report their findings without delay. The Governor may order one only when requested by the officer or enlisted person concerned.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. ) ## 455. Courts of inquiry shall consist of at least three members and may be ordered by the Governor to examine into the nature of any transaction of or accusation or imputation against any officer or enlisted person. The courts shall not be ordered except upon the request of the officer concerned or whose conduct is to be inquired into or upon the request of the enlisted person concerned. The members of the court may be officers or qualified enlisted persons, and the court may include both officers and qualified enlisted persons. The practice and procedure of the court of inquiry shall be in accordance with the Articles of War and like tribunals appointed for similar purposes in the United States Army, United States Air Force, and United States Navy. The court shall, without delay, report to the officer ordering it, the evidence adduced, a statement of the facts, and, when required, an opinion thereon. Boards for conducting investigations and investigating officers may be appointed in accordance with the rules and regulations adopted for the appointment of similar boards and officers in the United States Army, United States Air Force, and United States Navy. (Amended by Stats. 2018, Ch. 118, Sec. 39. (SB 1501) Effective January 1, 2019.)
  184. 455.1.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    This section sets up the Courts-Martial Appellate Panel, requires the Governor to appoint three qualified justices, and sets rules for how the panel operates, how long justices serve, their liability, conduct rules, and pay.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. ) ## 455.1. (a) The Courts-Martial Appellate Panel shall consist of three justices to hear matters described in Section 458.1. The Governor, by general order, shall appoint the three justices who have experience and training in the field of military law. The panel shall conduct itself as a three-justice court. (1) A justice shall not be liable civilly or criminally for any act or acts done by them in the performance of his or her duty, as described in Section 472. (2) A justice shall be subject to a code of judicial conduct in accordance with applicable the United States Army and the United States Air Force regulations. (3) A justice shall sit for four years upon which his or her appointment shall be terminated or upon acceptance of his or her resignation by the Adjutant General, whichever occurs first. (4) A justice shall be paid at the rate of a federal O-6, a military pay grade, only while in session. (b) The Courts-Martial Appellate Panel may be convened by the President of the United States, the Governor, or the Adjutant General. (Added by Stats. 2013, Ch. 322, Sec. 2. (AB 1410) Effective January 1, 2014.)
  185. 456.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    General courts-martial may try active militia commissioned officers, warrant officers, and enlisted members, and may impose specified punishments.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. ) ## 456. General courts-martial have power: (a) To try commissioned officers, warrant officers, and enlisted members of the active militia. (b) To adjudge: (1) Dismissal, in the case of a commissioned or warrant officer. (2) Dishonorable discharge, in the case of an enlisted member. (3) Any other punishment authorized for a special court-martial handling analogous charges under the Uniform Code of Military Justice and the federal Manual for Courts-Martial, including, but not limited to, up to one year in confinement. (Amended by Stats. 2006, Ch. 358, Sec. 1. Effective January 1, 2007.)
  186. 457.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Special courts-martial may try certain active militia members and may impose authorized punishments, but confinement cannot exceed 180 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. ) ## 457. Special courts-martial have power: (a) To try commissioned officers, warrant officers, and enlisted members of the active militia. (b) To adjudge any punishment authorized for a special court-martial handling analogous charges under the Uniform Code of Military Justice and the federal Manual for Courts-Martial, but in no case more than 180 days in confinement. (Amended by Stats. 2006, Ch. 358, Sec. 2. Effective January 1, 2007.)
  187. 458.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Summary courts-martial may try enlisted members of the active militia unless they object, and may impose authorized punishments, including confinement of up to 30 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. ) ## 458. Summary courts-martial have power: (a) To try enlisted members of the active militia unless they object thereto. (b) To adjudge any punishment authorized for a summary court-martial handling analogous charges under the Uniform Code of Military Justice and the federal Manual for Courts-Martial, including, but not limited to, up to 30 days in confinement. (Amended by Stats. 2006, Ch. 358, Sec. 3. Effective January 1, 2007.)
  188. 458.1.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The Courts-Martial Appellate Panel has power to issue extraordinary writs, hear certain court-martial sentence appeals, and follow the federal and California Manuals for Courts-Martial.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. ) ## 458.1. The Courts-Martial Appellate Panel shall have power over the following: (a) The issuance of extraordinary writs relative to all matters arising under the following: (1) The provisions of this code. (2) The Uniform Code of Military Justice. (3) Any regulation issued by the Governor pertaining to members of the California active militia. (4) Court-martial actions pending before any military judge of the California Military Department. (b) Adjudicating appeals of sentences of a court-martial that have been approved by the convening authority, as described in Section 455.1, and which include: (1) Dismissal, in the case of a commissioned or warrant officer. (2) Dishonorable discharge, in the case of an enlisted person. (3) Bad-conduct discharge, in the case of an enlisted person. (4) Forfeiture of all pay and allowances. (5) Any confinement. (c) The practices and procedures of the Courts-Martial Appellate Panel shall follow the federal Manual for Courts-Martial described in Section 102 and the California Manual for Courts-Martial. (Amended by Stats. 2018, Ch. 118, Sec. 40. (SB 1501) Effective January 1, 2019.)
  189. 458.2.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    For matters decided by the Courts-Martial Appellate Panel, certain reported decisions have direct precedential authority unless the Panel directs otherwise, and the Panel must post its precedential decisions in a conspicuous place.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. ) ## 458.2. With regard to any matter adjudicated by the Courts-Martial Appellate Panel, the reported decisions of the United States Court of Appeals for the Armed Forces shall have direct precedential authority to such matters unless otherwise directed by the Courts-Martial Appellate Panel. Precedential decisions of the Courts-Martial Appellate Panel shall be posted in a conspicuous place. (Added by Stats. 2013, Ch. 322, Sec. 4. (AB 1410) Effective January 1, 2014.)
  190. 459.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The National Guard trial counsel must prosecute court-martial cases in the name of the State, and a civil magistrate may admit certain military arrestees to bail.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. ) ## 459. The trial counsel of a general or special court-martial in the National Guard shall prosecute in the name of the State. If military authorities order the arrest by civil authorities of military persons for trial before a military court, such arrested persons can be admitted to bail by any civil magistrate within the county wherein the arrest is made. The admission to, taking of and release upon bail shall be in accordance with applicable provisions and principles of the California Penal Code. (Amended by Stats. 1951, Ch. 408.)
  191. 460.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Military courts have power to compel witnesses and document production, punish contempt for nonattendance or refusal to testify, and take witness testimony by commission when witnesses cannot reasonably be brought to trial.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. ) ## 460. Each miliary court shall have the power of a superior court of this State to compel by subpena, subpena duces tecum, and attachment, the attendance of witnesses, both civilian and military, and the production of books, papers, and documents, and to punish for contempt a witness duly subpenaed for nonattendance or for refusal to be sworn or testify or to produce books, papers, and documents. Military courts may also take by commission the testimony of witnesses who can not reasonably be produced at the trial in the same manner as a superior court. (Enacted by Stats. 1935, Ch. 389.)
  192. 461.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    The president or trial counsel of the court may issue commissions and subpoenas for needed witnesses, and may direct service of a subpoena on a member of a command when requested.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. ) ## 461. Commissions and subpenas may be issued by the president or the trial counsel of the court, both before and after being sworn, for witnesses whose attendance or testimony before such court may be necessary in behalf of the prosecution, and upon application in behalf of any person to be tried by such court, either the president or the trial counsel may direct the commanding officer of any organization to cause such subpena to be served on any member of his command. (Amended by Stats. 1951, Ch. 408.)
  193. 462.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    A witness who is personally served with a subpena must appear or obey a lawful court order, unless there is sufficient excuse, and may be fined $25 if they do not.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. ) ## 462. A witness not appearing in obedience to a subpena when served personally with a copy thereof, and not having sufficient excuse, or a witness refusing to obey any lawful order of the court, shall forfeit to the State the sum of twenty-five dollars. The president of each court, or summary court officer, shall, from time to time, report to the senior Judge Advocate on the State staff the names of all such delinquent witnesses, together with the names and places of residence of the persons serving such subpenas. A Judge Advocate may sue for and recover such penalties in the name of the people of the State. (Enacted by Stats. 1935, Ch. 389.)
  194. 463.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Military courts may issue process, including writs and warrants, and officers who receive it must execute it and report back as required.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. ) ## 463. Military courts may issue all process and mandates, including writs and warrants, necessary and proper to carry into full effect the powers vested in those courts. Process or mandates may be directed to the sheriff of any county, any peace officer, the police of any city and the marshals of any town or city, or to any officer or enlisted person appointed by the court to serve or execute process or mandates. All officers to whom process or mandates are directed shall execute the process or mandates and make return of their acts thereunder according to the requirements thereof. (Amended by Stats. 2018, Ch. 118, Sec. 41. (SB 1501) Effective January 1, 2019.)
  195. 464.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Jail keepers must receive people committed by a military court and hold them as the law requires. Fees for handling that process are generally barred, unless this division specially allows them.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. ) ## 464. The keepers or warden of any jail shall receive the bodies of persons committed by the process or mandate of a military court and confine them in the manner prescribed by law. Except as otherwise specially provided in this division, no fees or charges of any nature shall be demanded or required to be paid by the State, or any military court or member thereof, or by the person executing its mandate or process, or by any public officer for receiving, executing, or returning any such process or mandate, or for any service in connection therewith, or for receiving or confining the person in jail or custody thereunder. Minors shall be confined in a detention home or equivalent place of confinement, and shall not be confined in a jail with other persons. Persons committed by the process or mandate of a military court shall not be photographed or fingerprinted unless such process or mandate expressly so directs. (Amended by Stats. 1951, Ch. 408.)
  196. 465.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Certain military court officers may issue warrants to arrest an accused person and bring that person before the court for trial.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. ) ## 465. Presidents of courts-martial, one-officer special courts-martial, and summary court officers shall have power to issue warrants to arrest an accused person and to bring him or her before the court for trial. A court shall be ordered for his or her trial within the time similarly prescribed by the rules and regulations of the United States Army. If a copy of the charges and specifications is not served, or a court is not ordered within the time herein limited, the arrest shall cease, but the charges and specifications may be served, a court ordered, and the officer or enlisted person be brought to trial after the release from arrest within the time prescribed by the rules and regulations of the United States Army in similar circumstances. The appearance of the accused, without objection and pleading to the charges, shall be a waiver of any defect or irregularity of service of any of the papers mentioned in this section. (Amended by Stats. 2018, Ch. 118, Sec. 42. (SB 1501) Effective January 1, 2019.)
  197. 466.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    A court-martial sentence cannot be carried out until it has been reviewed and approved by the appointing officer or the officer commanding for the time being.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. ) ## 466. No sentence of a court-martial shall be carried into execution until the proceedings have been reviewed and the sentence approved by the officer appointing the court or by the officer commanding for the time being. (Enacted by Stats. 1935, Ch. 389.)
  198. 467.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    Court-martial officials must list fines and penalties, may issue a warrant to collect them, and collected fines must be paid over and deposited into 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. ) ## 467. For the purpose of collecting fines or penalties imposed by a court-martial, the president of any general or special court-martial and the summary court officer of any summary court shall make a list of all fines and penalties and of the persons against whom they have been imposed, and may thereafter issue a warrant under his or her hand directed to any sheriff or marshal of the county, commanding him or her to levy and collect the fines and penalties, together with the costs, upon and out of the property of the person against whom the fine or penalty is imposed. The warrant shall be executed and renewed in the same manner as executions under the Code of Civil Procedure. All fines collected under this section or imposed and collected under Section 450.1 shall be paid by the officer collecting them to the commanding officer of the organization of which the person fined is or was a member and shall be deposited by the commanding officer into the General Fund. (Amended by Stats. 1998, Ch. 931, Sec. 350. Effective September 28, 1998.)
  199. 468.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    A person who disrupts or insults a military court may be committed to jail by warrant, and confinement cannot exceed three 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. ) ## 468. Any person who is guilty of disorderly, contemptuous, or insolent behavior in a military court, or who uses insulting, contemptuous, or indecorous language or expression to or before a military court, or any member of such court in open court, tending to interrupt its proceedings or to impair the respect due to its authority, or who commits any breach of the peace or makes any noise or other disturbance directly tending to interrupt its proceedings, may be committed by warrant under the hand of the president of the court, or summary court officer, to the jail of the city or county in which such court sits, there to be confined for a period not to exceed three days. (Enacted by Stats. 1935, Ch. 389.)
  200. 469.

    ## 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. )

    Verify source ↗

    A separated service member remains subject to a lawfully appointed court-martial for offenses committed during military 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 9. Military Courts [450 - 475] ( Chapter 9 enacted by Stats. 1935, Ch. 389. ) ## 469. A person who has been separated from the military service shall be subject to the jurisdiction of a lawfully appointed court-martial for trial and punishment for offenses committed during his military service. If such person is found guilty, he shall be punished according to the Articles of War and the rules and regulations of the United States Army within the limits prescribed by this division and the Federal law for courts-martial of the National Guard. (Enacted by Stats. 1935, Ch. 389.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.