Bill Text: CA SB537 | 2011-2012 | Regular Session | Chaptered
Bill Title: California Cadet Corps.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-10-08 - Chaptered by Secretary of State. Chapter 630, Statutes of 2011. [SB537 Detail]
Download: California-2011-SB537-Chaptered.html
BILL NUMBER: SB 537 CHAPTERED
BILL TEXT
CHAPTER 630
FILED WITH SECRETARY OF STATE OCTOBER 8, 2011
APPROVED BY GOVERNOR OCTOBER 8, 2011
PASSED THE SENATE SEPTEMBER 1, 2011
PASSED THE ASSEMBLY AUGUST 30, 2011
AMENDED IN ASSEMBLY JULY 13, 2011
AMENDED IN ASSEMBLY JUNE 23, 2011
AMENDED IN SENATE MAY 19, 2011
AMENDED IN SENATE MARCH 21, 2011
INTRODUCED BY Senator Correa
FEBRUARY 17, 2011
An act to amend Sections 500, 500.1, 501, 502, 502.1, 502.2,
502.5, 503, 504, 506, 507, 508, 509, 510, 511, 511.5, 512, 513, 514,
515, 516, 516.1, 517, 518, 519, 520, 520.1, 530, and 531 of, to add
Sections 502.3 and 532 to, and to repeal and add Section 505 of, the
Military and Veterans Code, relating to the military.
LEGISLATIVE COUNSEL'S DIGEST
SB 537, Correa. California Cadet Corps.
Existing law establishes in state government the Military
Department, which includes, among others, the Office of the Adjutant
General, the California National Guard, and the California Cadet
Corps. Existing law establishes various duties for these officers and
entities. Existing law generally authorizes the organization of a
cadet company at each college, community college, high school, and
each senior high school in this state having 100 or more students of
14 years of age or over under such rules and regulations as the
governing body of the schools and the Adjutant General may prescribe,
and authorizes the Adjutant General to appoint officers in the
California Cadet Corps for duty in each community college, high
school, junior high school, or elementary school under the
jurisdiction of the governing board.
This bill would authorize the organization of a California Cadet
Corps at each college, community college, or school where there is
not currently a J.R.O.T.C. or R.O.T.C. program, and under such rules
and regulations as the governing body of the schools and the Adjutant
General may prescribe. This bill would also authorize the Adjutant
General to appoint officers, warrant officers, and noncommissioned
officers for duty in each college, community college, or school under
the jurisdiction of the governing board, and require that their pay,
allowances, and expenses be disbursed from the college, community
college, or school in which they serve. This bill would authorize the
Adjutant General to order those officers to temporary state active
duty to perform functions in support of the California Cadet Corps.
Additionally, this bill authorizes the Governor, upon recommendation
of the Adjutant General, to appoint Special Project Officers, warrant
officers, and noncommissioned officers for service in the California
Cadet Corps, and authorizes the Adjutant General to adopt rules and
regulations for the promotion of officers, warrant officers, and
noncommissioned officers of the California Cadet Corps.
Existing law authorizes members of the California Cadet Corps to
use California National Guard rifle ranges.
This bill would authorize members of the California Cadet Corps to
use California National Guard facilities for training purposes.
Existing law authorizes any executive officer, assistant executive
officer, supervisor of cadet instruction, or officer hurt in the
line of duty to receive workers' compensation, as provided. Existing
law creates a presumption that the average yearly earning of such
individual is not less than $2,500.
This bill would authorize any executive officer, assistant
executive officer, advisor, officer, warrant officer, or
noncommissioned officer hurt in the line of duty to receive workers'
compensation, as provided. This bill would create a presumption that
the yearly earning of such individual is not less than $10,000.
Existing law authorizes the instructors of a military academy
meeting specified requirements, including having 80 or more male
students, to be commissioned in the California Cadet Corps, and
authorizes the Adjutant General to enter into a cooperative agreement
with the City of Oakland and a school district to establish an
Oakland Military Institute.
This bill would authorize the instructors of a military academy
meeting specified requirements, including having more than 80
students, to be commissioned in the California Cadet Corps, and
authorize the Adjutant General to enter into a cooperative agreement
with a governing board of a school district or a county office of
education to establish a military academy or an alternative education
option, as specified.
Existing law requires units of the California Cadet Corps to be
inspected at least once each year by the executive officer, the
assistant executive officer, the regional supervisors of cadet
instruction, or any of them, or by officers of the National Guard,
State Military Reserve, or Naval Militia detailed by the Adjutant
General for that purpose.
This bill would instead require the executive officer, the
assistant executive officer, the regional advisors or military
officers of the California National Guard, State Military Reserve, or
Naval Militia detailed by the Adjutant General to inspect units of
the California Cadet Corps at least once every 2 years and annually
for any unit receiving a rating of unsatisfactory in a prior year's
inspection. This bill would also require units in their first year of
operation to receive an assistance visit to ensure assigned
personnel receive the training and support needed to adequately
prepare for their first formal, for-record inspection.
This bill would also make other conforming changes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 500 of the Military and Veterans Code is
amended to read:
500. The students of any college, community college, or school in
this state may be organized into a California Cadet Corps company or
companies under such rules and regulations as the governing body of
the schools or colleges and the Adjutant General of the State of
California may prescribe. A California Cadet Corps company or
companies shall be of such strength as may be prescribed by the
Adjutant General.
SEC. 2. Section 500.1 of the Military and Veterans Code is amended
to read:
500.1. Except as hereinafter provided, each college, community
college, or school in this state in which there is not maintained a
J.R.O.T.C. or R.O.T.C. unit may establish a California Cadet Corps
company or companies under the rules and regulations as the governing
body of the schools and the Adjutant General may prescribe. A
California Cadet Corps company or companies shall be of such strength
as shall be prescribed by the Adjutant General. A California Cadet
Corps company or companies is not required to be established in a
school, college, or community college unless a number of qualified
students sufficient to constitute a company or companies of the
strength prescribed by the Adjutant General voluntarily enroll
therein.
SEC. 3. Section 501 of the Military and Veterans Code is amended
to read:
501. California Cadet Corps companies shall at all times be under
the guidance and control of the principal, president, director, or
chief administrative officer of the college, community college, or
school, whose duty it shall be to make regulations with the approval
of the Adjutant General regarding the moral, educational, and
physical welfare of the cadets.
SEC. 4. Section 502 of the Military and Veterans Code is amended
to read:
502. Upon recommendation of the governing board having
jurisdiction over the college, community college, or school, the
Adjutant General may appoint officers, warrant officers, and
noncommissioned officers in the California Cadet Corps for duty as
commandants of cadets or assistant commandants of cadets in each
college, community college, or school under the jurisdiction of the
governing board. Except when ordered to state active duty by the
Governor, the officers, warrant officers, and noncommissioned
officers shall be under the immediate control and jurisdiction of the
governing board of the college, community college, or school at
which they are on duty, and pay, allowances, and expenses shall be
disbursed from funds appropriated for the maintenance and operations
of the college, community college, or school where they serve. Each
officer, warrant officer, and noncommissioned officer shall hold his
or her appointment at the pleasure of the governing board, or until a
successor has been appointed and qualified, or his or her
affiliation with the California Cadet Corps is severed.
SEC. 5. Section 502.1 of the Military and Veterans Code is amended
to read:
502.1. The Adjutant General shall determine by the adoption of
rules and regulations the grade and rank to be held by individuals
appointed in the California Cadet Corps by reason of their military
experience or professional knowledge, or both. These individuals
shall be appointed pursuant to the rules and regulations adopted by
the Adjutant General.
A person who has previously been an officer, warrant officer, or
noncommissioned officer of, and discharged under honorable conditions
from, the United States Army, the United States Navy, the United
States Air Force, the United States Marine Corps, the United States
Coast Guard, or any reserve component of such federal forces, the
California National Guard, the State Military Reserve, or the active
militia may be appointed in the California Cadet Corps in the same
rank last held in such federal or state military forces. Each
officer, warrant officer, or noncommissioned officer shall hold
office pursuant to the rules and regulations adopted by the Adjutant
General. Upon recommendation of the Adjutant General, the Governor
may commission one executive officer of the California Cadet Corps as
colonel, one assistant executive officer of the California Cadet
Corps as lieutenant colonel, and the necessary number of regional
advisors in the same grade and rank last held in federal or state
military forces, not to exceed lieutenant colonel, pursuant to rules
and regulations adopted by the Adjutant General. Upon the
recommendation of the Adjutant General, the Governor may appoint
Special Project Officers, warrant officers, and noncommissioned
officers to the same grade and rank last held in federal or state
military forces for service in the California Cadet Corps by virtue
of their professional knowledge and experience. Pay and expenses
shall be taken from the funds appropriated for the maintenance and
support of the California Cadet Corps.
SEC. 6. Section 502.2 of the Military and Veterans Code is amended
to read:
502.2. The executive officer as a colonel in the California
National Guard, State Military Reserve, or California Cadet Corps;
the assistant executive officer as a lieutenant colonel in the
California National Guard, State Military Reserve, or California
Cadet Corps; the regional advisors appointed pursuant to Section
502.1; and the individuals appointed in the California Cadet Corps
according to rules and regulations adopted by the Adjutant General
shall wear uniforms prescribed by the Adjutant General, including cap
and collar ornaments and other distinctive marks of identification
of the California Cadet Corps. Uniforms shall not be inconsistent
with rules and regulations of the United States Army.
SEC. 7. Section 502.3 is added to the Military and Veterans Code,
to read:
502.3. The Adjutant General may adopt rules and regulations
providing for the promotion of officers, warrant officers, and
noncommissioned officers of the California Cadet Corps.
SEC. 8. Section 502.5 of the Military and Veterans Code is amended
to read:
502.5. The Adjutant General may order officers, warrant officers,
and noncommissioned officers in the California Cadet Corps to duty
at encampments, exercises, or other activities conducted by the
corps. While on duty, officers, warrant officers, and noncommissioned
officers shall receive the same base pay, without longevity, as
members of similar grade in the United States Army together with
their expenses. Pay and expenses for these purposes shall be paid
from funds appropriated for the maintenance and support of the
California Cadet Corps.
SEC. 9. Section 503 of the Military and Veterans Code is amended
to read:
503. Cadet companies shall be organized and each shall consist of
commissioned cadet officers, cadet warrant officers, and
noncommissioned cadet officers as shall be prescribed by the Adjutant
General, and as shall conform generally to the number of
commissioned, warrant, and noncommissioned officers of companies of
the California National Guard. Commissioned cadet officers shall be
commissioned in accordance with rules and regulations adopted by the
Adjutant General and upon recommendation of the commandant of cadets
and with the approval of the president, director, chief
administrative officer, or principal of the college, community
college, or school. The warrant and noncommissioned cadet officers
shall be appointed by the commandant of cadets with the approval of
the president, director, chief administrative officer, or principal
of the college, community college, or school.
SEC. 10. Section 504 of the Military and Veterans Code is amended
to read:
504. The Adjutant General shall adopt rules and regulations for
the formation of cadet brigades, regiments, and battalions and shall
adopt tables of organization and provide for the appointment of cadet
brigade, regimental, and battalion officers and staffs. All cadet
battalion officers, regimental, and noncommissioned officers shall be
appointed, commissioned, or warranted in accordance with rules and
regulations adopted by the Adjutant General and upon the
recommendation of the commandant of cadets with the approval of the
president, director, chief administrative officer, or principal of
the college, community college, or school.
SEC. 11. Section 505 of the Military and Veterans Code is
repealed.
SEC. 12. Section 505 is added to the Military and Veterans Code,
to read:
505. The Adjutant General may order officers, warrant officers,
and noncommissioned officers of the California Cadet Corps to
temporary state active duty to perform functions in support of the
California Cadet Corps. Pay for such duties shall be disbursed from
funds appropriated for the support and maintenance of the California
Cadet Corps.
SEC. 13. Section 506 of the Military and Veterans Code is amended
to read:
506. All cadet officers, cadet warrant officers, and cadet
noncommissioned officers shall be promoted according to rules and
regulations adopted by the Adjutant General upon the recommendation
of the commandant of cadets and with the approval of the president,
director, chief administrative officer, or principal of the college,
community college, or school.
SEC. 14. Section 507 of the Military and Veterans Code is amended
to read:
507. Upon the recommendation of the president, director, chief
administrative officer, or principal of the college, community
college, or school in which the California Cadet Corps participates,
the commission or warrant of any cadet commissioned officer, cadet
warrant officer, or cadet noncommissioned officer may be canceled,
and the cadet reduced in rank or dismissed from the California Cadet
Corps, for deficiency in academic studies; misbehavior in the
college, community college, or school the cadet is attending;
misbehavior in the California Cadet Corps; or for any other reason
deemed good cause by the president, director, chief administrative
officer, or principal of the college, community college, or school.
SEC. 15. Section 508 of the Military and Veterans Code is amended
to read:
508. The California Cadet Corps shall train in accordance with
the appropriate manuals prescribed by the United States Army and by
the rules and regulations adopted by the Adjutant General. A
uniformed corps of cadets shall not be organized in any college,
community college, or school except as authorized by this chapter,
provided that J.R.O.T.C., R.O.T.C., and other federally approved
military units shall not be subject to or limited by this code.
SEC. 16. Section 509 of the Military and Veterans Code is amended
to read:
509. The Adjutant General shall provide suitable training
regulations, books and courses of instruction, and the necessary
forms for reports or other necessary purposes to be used by the
California Cadet Corps. The Adjutant General may take such action as
is necessary to promote the general welfare, strength, and morale of
the California Cadet Corps and to provide for the recreation of
cadets.
SEC. 17. Section 510 of the Military and Veterans Code is amended
to read:
510. The Adjutant General shall prescribe the uniforms the
members of the California Cadet Corps shall wear. The Adjutant
General may issue to the California Cadet Corps necessary cap and
collar ornaments and chevrons, training aids, insignia of rank and of
the California Cadet Corps, awards and decoration, flags, colors,
guidons, standards, slings and carrying devices, canteens and covers,
belts, first aid packets, mess kits, shelter halves, haversacks, and
such other military property or equipment in the control of the
Adjutant General as may not be required for the California National
Guard, other state military forces, or other military purposes. A
regulation uniform for cadets shall be kept in the Adjutant General's
office to be used as a sample from which the uniforms for the
California Cadet Corps shall be made. Such issues may be made by the
Adjutant General without charge to the members of the California
Cadet Corps or to the school or college or community college. The
Adjutant General, after receiving written acknowledgment from the
president, director, chief administrative officer, or principal of
the college, community college, or school of the receipt of such
property, shall account the same as a transfer of equipment.
SEC. 18. Section 511 of the Military and Veterans Code is amended
to read:
511. A sufficient number of rifles suitable for drill or
marksmanship purposes, or both may be purchased by the board of
school trustees, board of education, board of directors or trustees
of a college or community college, county superintendent of schools,
the Superintendent of Public Instruction, or the Adjutant General out
of any funds available and not otherwise appropriated.
SEC. 19. Section 511.5 of the Military and Veterans Code is
amended to read:
511.5. Under rules and regulations adopted by the Adjutant
General, the Adjutant General may purchase uniforms for the members
of the California Cadet Corps, including caps, helmets, liners,
shirts, trousers, belts, jackets, skirts, blouses, ties, and
leggings.
The Adjutant General, with the approval of the Department of
Finance, may annually determine the uniform cost per cadet.
SEC. 20. Section 512 of the Military and Veterans Code is amended
to read:
512. Marksmanship practice shall constitute a part of the
instruction to be given to cadets. Members of the California Cadet
Corps may engage in rifle matches and competitions conducted or held
in this state or at any place in the United States. The Adjutant
General may purchase and supply to each of the colleges, community
colleges, and schools a sufficient number of efficient rifles for
field target work and gallery practice and the ammunition and
equipment necessary for efficient rifle practice. A sufficient number
of rifles suitable for field target work or gallery target firing
and the ammunition and equipment may be purchased by a board of
school trustees, board of education, board of directors or trustees
of a college or community college, county superintendent of schools,
or the Superintendent of Public Instruction, out of any funds
available, and the governing body or governing officials of any
school, community college, or college may purchase the necessary
parts for and may repair any rifles acquired or furnished to the
California Cadet Corps. All marksmanship practice shall be under the
supervision of the president, chief administrative officer, director,
or principal of the college, community college, or school, or under
the supervision of an appointed officer or officers. Competent
members of the California National Guard, State Military Reserve, or
Naval Militia may be detailed by the Adjutant General, with their
consent, and upon request of the president, director, chief
administrative officer, or principal of the college, community
college, or school as instructors of marksmanship practice in the
California Cadet Corps. Instructors from the California National
Guard, State Military Reserve, or Naval Militia on duty at a college,
community college, or school for marksmanship practice shall be
under the immediate control and jurisdiction of the governing body of
the college, community college, or school. The expenditures may be
paid out of funds appropriated for the maintenance and support of the
California Cadet Corps.
SEC. 21. Section 513 of the Military and Veterans Code is amended
to read:
513. The Adjutant General may detail from the organizations of
the California National Guard, State Military Reserve, or Naval
Militia, competent members who shall perform duties on behalf of the
California Cadet Corps and who may act as training and marksmanship
practice instructors for the California Cadet Corps. The Adjutant
General may provide compensation for any person detailed for duty and
service with the California Cadet Corps. The expenditures may be
paid out of funds appropriated for the maintenance and support of the
California Cadet Corps. The Adjutant General may conduct conferences
and other events and activities for members of the California Cadet
Corps and may utilize funds appropriated for the maintenance and
support of the California Cadet Corps for these purposes.
SEC. 22. Section 514 of the Military and Veterans Code is amended
to read:
514. (a) Whenever practical, members of the California Cadet
Corps shall, under the supervision of the commandant of cadets, be
permitted to utilize California National Guard rifle ranges for
marksmanship practice when the ranges are not being used by the
California National Guard.
(b) Whenever practical, members of the California Cadet Corps
shall be permitted to utilize California National Guard facilities
for training activities.
SEC. 23. Section 515 of the Military and Veterans Code is amended
to read:
515. Units in their first year of operation shall receive an
assistance visit to ensure assigned personnel receive the training
and support needed to adequately prepare for their first formal,
for-record inspection. The executive officer, the assistant executive
officer, the regional advisors or military officers of the
California National Guard, State Military Reserve, or Naval Militia
detailed by the Adjutant General shall inspect units of the
California Cadet Corps at least once every two years and annually for
any unit receiving a rating of unsatisfactory in a prior year's
inspection. Inspectors shall report to the Adjutant General regarding
the training, marksmanship, attendance, discipline, military
knowledge and instruction, leadership, and condition of property of
the California Cadet Corps. These reports shall consist of an
inventory of the state property on hand in the cadet units at the
time of inspections, and shall be made and forwarded in duplicate,
one copy to the Superintendent of Public Instruction and one copy to
the Adjutant General's office, and shall bear the endorsement of the
president, director, chief administrative officer, or college,
community college, or principal of the college, community college, or
school, containing remarks the officials may deem pertinent.
SEC. 24. Section 516 of the Military and Veterans Code is amended
to read:
516. The president, director, chief administrative officer, or
principal of a college, community college, or school shall be
responsible for all public property supplied to units of the
California Cadet Corps under their control or supervision and shall
ensure the property and equipment is properly secured and cared for.
SEC. 25. Section 516.1 of the Military and Veterans Code is
amended to read:
516.1. An encampment or encampments may be held by the California
Cadet Corps to be of such duration and attended by such proportion
of the strength of the corps as may be prescribed by the Adjutant
General. The expenses of encampments may be paid out of funds
appropriated for the maintenance and support of the California Cadet
Corps.
SEC. 26. Section 517 of the Military and Veterans Code is amended
to read:
517. Each board of school trustees, president, director, and
chief administrative officer of a college or community college, board
of trustees of a college or community college, board of education,
principal or director of a high school, county superintendent of
schools, and the Superintendent of Public Instruction shall
facilitate the purposes of the California Cadet Corps and its
instruction and the provisions of this chapter by cooperating with
the Adjutant General.
SEC. 27. Section 518 of the Military and Veterans Code is amended
to read:
518. The provisions of this chapter shall apply to all community
colleges in this state, and the principals and governing boards of
community colleges shall have the same authority as similar officials
of schools.
SEC. 28. Section 519 of the Military and Veterans Code is amended
to read:
519. Where a community college is located in close proximity to a
school having a California Cadet Corps company or companies, the
governing boards of the community college and schools may enter into
an agreement to provide for the joint organization of cadet
companies.
SEC. 29. Section 520 of the Military and Veterans Code is amended
to read:
520. Any executive officer, assistant executive officer, regional
advisor, or officer, warrant officer, or noncommissioned officer
appointed or detailed pursuant to Sections 502, 502.1, 512, 513, 515,
or 516.1, who is wounded, injured, disabled, or killed in the
performance of ordered duty shall be entitled to receive compensation
from the state in accordance with the provisions of Division 4
(commencing with Section 3200) of the Labor Code. In all such cases,
these individuals shall be deemed to be employees of the state. The
compensation for any such individual shall be ascertained,
determined, and fixed upon the basis of his or her average income
from all sources during the year immediately preceding the date of
such injury or death, or the commencement of such disability, but
such compensation shall in no case exceed the maximum prescribed in
Division 4 (commencing with Section 3200) of the Labor Code.
In determining the benefits awarded to an individual under the
provisions of this section, it shall be conclusively presumed that
the average yearly earning of such injured or deceased individual is
not less than ten thousand dollars ($10,000). Any injury, death, or
disability shall be deemed to have been suffered in line of duty
unless the injury, death, or disability resulted from misconduct or
disobedience of lawful orders by the injured or deceased individual.
SEC. 30. Section 520.1 of the Military and Veterans Code is
amended to read:
520.1. The principal and governing board of any private
educational institution or military academy in which a J.R.O.T.C. or
R.O.T.C. unit is not maintained, but which otherwise meets the
qualifications prescribed by this chapter and any rules and
regulations that may be adopted by the Adjutant General, may apply to
the Adjutant General for permission to establish a cadet company or
cadet companies, battalions, or regiments of the California Cadet
Corps pursuant to this chapter. If the Adjutant General approves the
petition, the principal and governing board of the private school
shall have the same authority as similar officials of public schools,
community colleges, or colleges to create units of and to become a
member of the California Cadet Corps. Any cadet company or companies,
or unit formed under this section, shall be governed by the
provisions of this chapter as though it were a public school,
community college, or college.
SEC. 31. Section 530 of the Military and Veterans Code is amended
to read:
530. In any military academy, having not less than 80 students,
uniformed, drilled, and instructed in strict accordance with the
tactics of the regular United States Army, and in which the
instruction is conducted in accordance with military principles, the
military instructor or instructors or professors of military science
and tactics of such academy regularly elected or appointed by the
board of trustees or other lawful authority of the academy, may be
commissioned in the California Cadet Corps with the rank of major or
lower rank. Such officers shall exercise no authority or command
except as military instructor or instructors or professors of
military science and tactics of such academy. Such commissions shall
be granted and may be revoked by the Adjutant General, under such
rules and regulations as he or she may prescribe.
SEC. 32. Section 531 of the Military and Veterans Code is amended
to read:
531. The Adjutant General may enter into a cooperative agreement
with the City of Oakland and a school district for the purposes of
establishing an Oakland Military Institute. The program would provide
a structured, disciplined environment that would be conducive to
learning in a college preparatory environment. In addition to
academic skills, pupils would develop leadership, self-esteem, and a
strong sense of community.
SEC. 33. Section 532 is added to the Military and Veterans Code,
to read:
532. (a) The Adjutant General may enter into a cooperative
agreement with the governing board of a school district or a county
office of education for the purpose of establishing, pursuant to
existing statutory authority in the Education Code, a military
academy to be operated as a charter school, pursuant to Part 26.8
(commencing with Section 47600) of Division 4 of Title 2 of the
Education Code, or as one of the existing alternative education
options, available under the Education Code. The program would
provide a structured, disciplined environment that would be conducive
to learning in a college preparatory environment. In additional to
academic skills, students would develop leadership, self-esteem, and
a strong sense of community. An academy established pursuant to this
section shall comply with the Education Code.
(b) A new California National Guard Youth Program, except for the
California Cadet Corps, may only be established as provided by this
section if funds are appropriated for purposes of the new program in
the annual Budget Act or any other act.
