Bill Text: CA SB537 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
BILL NUMBER: SB 537	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 21, 2011

INTRODUCED BY   Senator Correa

                        FEBRUARY 17, 2011

    An act relating to the military.   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, as amended, Correa. California Cadet Corps  :
military academies  .
   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 state the intent of the Legislature to enact
legislation to amend the Military and Veterans Code to revise,
enhance, and modernize provisions of that code relating to youth
programs administered by the Military Department or the California
National Guard, or both.  
    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 Corp.
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 the Superintendent of Public Instruction, or any county, city,
or school governing board to establish a military academy, as
specified.  
   This bill would also make other conforming changes. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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  high  school in this state  , having 100
or more such students, 14 years of age or over,  may be
organized into a  cadet   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.  Said  
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,  high school and each senior high , high school and
each senior high   or  school in this state
 having 100 or more students of 14 years of age or over and
 in which there is not maintained  an  
a J.R.O.T.C. or  R.O.T.C. unit  shall  
may  establish a  cadet   California Cadet
Corps  company or companies under such rules and regulations as
the governing body of the schools and the Adjutant General may
prescribe  , and any college, community college, high school
or senior high school inthe state having less than 100 of each
students may establish a cadet company or companies. Said 
 . A California Cadet Corps  company or companies shall be
of such strength as shall be prescribed by the Adjutant General. A
 cadet  California Cadet Corps  company or
companies is not required to be established in a  high
 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.   Cadet   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  high
 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,  high school, junior high school, or
elementary or   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,  high school, junior high school, or
elementary  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  connection   affiliation
 with the  cadets   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 
officers   individuals  appointed in the California
Cadet Corps by reason of their military experience  and
  or  professional knowledge  , or both  .
 Said officers   These individuals  shall
be  commissioned in the manner that shall be determined by
rules   appointed pursuant to the rules  and
regulations adopted by the Adjutant General.
   A person who has previously been  a commissioned 
 an officer, warrant officer, or noncommissioned  officer
of, and discharged under honorable conditions from, the United States
Army,  the Army of the United States,  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  and commissioned  in the
same rank last held in such federal or state military forces. Each
officer  commissioned   , warrant officer, or
noncommissioned officer  shall hold office  as provided
by   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  supervisors of cadet instruction
  advisors  in the same grade and rank  as
said officers  last held in  said  federal
or state military forces, not to exceed lieutenant colonel, 
as may be determined by   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  moneys   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  commissioned  as a
colonel in the  California  National Guard,  State
Military Reserve, or California Cadet Corps;  the assistant
executive officer  commissioned  as a lieutenant
colonel in the  California  National Guard,  State
Military Reserve, or California Cadet Corps;  the regional
 supervisors of cadet instruction commissioned as provided
inappointed pursuant to   advisors appointed pursuant to
 Section 502.1  of this code   ;  and
the  officers   individuals  appointed in
the California Cadet Corps  commissioned  according
to rules and regulations adopted by the Adjutant General shall wear
 such uniform as may be   uniforms 
prescribed by the Adjutant General, including cap and collar
ornaments and other distinctive marks of identification of the
California Cadet Corps  as may   . 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, the  officers
 , warrant officers, and noncommissioned officers  shall
receive the same base pay, without longevity, as  officers
  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  corps   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 
have such   consist of  commissioned cadet officers
 , cadet warrant officers,  and noncommissioned cadet
officers as shall be prescribed  from time to time 
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.  Said
commissioned   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  or
  ,  chief administrative officer  ,  or
principal  of the college, community college, or school  .
The  warrant and  noncommissioned cadet officers shall be
appointed  and warranted  by the commandant of
cadets with the approval of the president, director  or
  ,  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  provide by the adoption
of   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  or other
  ,  chief administrative officer  ,  or
principal of the college, community college  ,  or 
high  school.
   SEC. 11.    Section 505 of the   Military
and Veterans Code   is repealed.  
   505.  The Adjutant General may in his discretion organize
companies of the California Cadet Corps into battalions and regiments
and each such battalion and regiment so organized shall have a staff
to consist of such cadet commissioned officers and cadet
noncommissioned officers as may be prescribed by the Adjutant
General. The Adjutant General may adopt tables of organizations for
the battalions or regiments created hereunder and all cadet officers
or cadet noncommissioned officers appointed, commissioned or
warranted as staff or line cadet officers or cadet noncommissioned
officers shall be selected upon the recommendation of the cadet
commandant with the approval of the president, director or other
chief administrative officer or principal of the college, community
college or high school. 
   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 Crops 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,
 director  or principal of the college, community
college  ,  or  high  school.
   SEC. 14.    Section 507 of the   Military
and Veterans Code   is amended to read: 
   507.   Any cadet commissioned officer or cadet
noncommissioned officer may have his commission or warrant canceled
and be reduced to the ranks, or dismissed from the California Cadet
Corps and any cadet may be dismissed from the corps, upon the
recommendation of the president, director or chief administrative
officer of the college or community college or the principal of the
high school, for   Any cadet commissioned officer or
cadet noncommissioned officer may have his commission or warrant
canceled and be reduced to the ranks, or dismissed from the
California Cadet Corps and any cadet may be dismissed from the corps,
upon the recommendation of the president, director or chief
administrative officer of the college or community college or the
principal of the high school, for   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 office, or
cadet noncommissioned officer may be cancelled, and the cadet reduced
in rank or dismissed from the California Cadet Corps, for 
deficiency in  his   academic  studies
 or for   ;  misbehavior  either
 in  the  college, community college  or
high   ,  school  or in   the
cadet is attending; misbehavior in  the California Cadet Corps
 ;  or for  any  other  reason deemed 
good cause  in the judgment of the   by the
 president, director  or   ,  chief
administrative officer  , or principal  of the college
 or   ,  community college  or the
principal of the high school   , 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
 as may be prescribed  by  the  rules and
regulations adopted by the Adjutant General.  No 
 A  uniformed corps of cadets shall  not  be
organized in any college, community college, or  high
 school except  pursuant to and  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  and may prepare
 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.   Members   The Adjutant General shall
prescribe the uniforms the members  of the California Cadet
Corps shall wear  such uniforms as the Adjutant General
prescribes  . 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
 ,   or  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  high school
principal or  president, director  or  
,  chief administrative officer  , or principal  of
the college  or   ,  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  high  school trustees, board of
education, board of directors or trustees of a college or community
college, county superintendent of schools, the  State
 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.   The Adjutant General, under such rules and
regulations as he may adopt,   Under rules and
regulations adopted by the Adjutant General, the Adjutant General
 may purchase  and furnish   uniforms for
 the members of the California Cadet Corps  ,  
uniforms  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  value 
 cost  per cadet.
   SEC. 20.    Section 512 of the  Military and
Veterans Code   is amended to read: 
   512.   Target   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,  communmity   community 
colleges  ,  and  high  schools a
sufficient number of  Springfield or other 
efficient rifles for field target work and gallery practice and the
 ammmunition   ammunition  and equipment
 therefor, as in his judgment is  necessary for
efficient rifle practice. A sufficient number of rifles suitable for
field target work or gallery target firing and the ammunition and
equipment  therefor  may be purchased by a board of
 high  school trustees, board of education, board of
directors or trustees of a college or community college, county
superintendent of schools, or the  State 
Superintendent of Public Instruction, out of any funds available
 therefor  , and the governing body or governing
officials of any  high  school, community college
 ,  or college may purchase the necessary parts for and may
repair any rifles acquired or furnished  for the use of
members of   to  the California Cadet Corps. All
target practice shall be under the supervision of the president,
chief administrative officer, director  ,  or principal of
the college, community college, or  high  school
 ,  or  such officer or officers as he or they may
appoint   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,  director  or principal of the college,
community college  ,  or  high  school as
instructors of target practice in the California Cadet Corps.
 Such instructors while   Instructors from the
California National Guard, State Military Reserve, or Naval Militia
 on duty at  said   a  college,
community college  ,  or  high  school
 during target   for marksmanship  practice
shall be under the immediate control and jurisdiction of the
governing body of  said   the  college,
community college  ,  or  high  school. The
expenditures  therefor  may be paid out of 
the moneys   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  thereof  who shall
perform duties on behalf of the California Cadet Corps  as
may be assigned to them or   and  who 
shall   may  act as training and  rifle
  marksmanship  practice instructors for the
California Cadet Corps. The Adjutant General may provide  for
compensating the persons   compensation for any person
 detailed for duty and service with the California Cadet Corps
 and the persons detailed to instruct the cadets in drill and
target practice  . The expenditures  therefor
 may be paid out of  the moneys   funds
 appropriated for the maintenance  and support  of the
California Cadet Corps. The Adjutant General may conduct 
schools and  conferences  and other events and
activities  for  the officers   members
 of the California Cadet Corps and  pay the expenditures
thereof out of moneys   may utilize funds 
appropriated for the maintenance  and support  of the
California Cadet Corps  for these purposes  .  The
Adjutant General may adopt rules and regulations providing for the
promotion of officers of the California Cadet Corps. 
  SEC. 22.    Section 514 of the   Military and
Veterans Code   is amended to read: 
   514.   (a)    Whenever  practicable
  practical,  members of the California Cadet Corps
shall, under the supervision of the  commandant of cadets
  Commandant of Cadets  , be permitted to 
shoot at target practice upon   utilize California 
National Guard rifle ranges  when not needed  
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   Within budgetary limitations,
units  of the California Cadet Corps shall 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,   advisors  or by officers of the 
California  National Guard, State Military Reserve  , 
or Naval Militia detailed by the Adjutant General for that purpose.
 Such inspectors   Inspectors  shall report
to the Adjutant General  the result of inspections relating
to   regarding  the training,  target
practice,   marksmanship,  attendance, discipline,
military knowledge and instruction, leadership and condition of
property of the California Cadet Corps.  Such report
  These reports  shall  contain 
 consist of  an inventory of the state property on hand in
the cadet units at the time of inspections  . Such reports
  , and  shall be made and forwarded in duplicate,
one copy to the  State  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  other chief administrative
officer of the college or community college or of the  
college, community college, or  principal of the  high
  college, community college, or  school,
containing remarks the  said  officials may deem
pertinent.
   SEC. 24.    Section 516 of the   Military
and Veterans Code   is amended to read: 
   516.  The president, director  or  , chief
administrative officer  , or principal  of a college
 or   ,  community college  and the
principal of the high   , or  school shall be
responsible for all public property supplied to units of the
California Cadet Corps under their control or supervision and shall
 supervise the proper care thereof   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  said  encampments may be
paid out of  moneys   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  high  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
 State  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  high  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
 any high   a  school having a 
high school cadet   California Cadet Corps  company
or companies, the governing boards of the community college and
 high  schools may  by   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.   In all cases in which any   Any 
executive officer, assistant executive officer, regional  or
other supervisor of cadet
       instruction, and officers   advisor, or officer,
warrant officer, or noncommissioned offer  appointed or detailed
 ,  pursuant to Sections 502, 502.1, 512, 513, 515,
or 516.1,  when in the performance of duty ordered by the
Adjutant General, is   who is  wounded, injured,
disabled  ,  or killed in the performance of ordered duty
 and in line of duty, such executive officer, assistant
executive officer, regional, or other supervisor of cadet
instruction, or officers appointed or detailed, pursuant to Sections
502, 502.1, 512, 513, 515, or 516.1,  shall be entitled to
receive compensation from the  State   state
 in accordance with the provisions of Division 4 
(commencing with Section 3200)  of the Labor Code. In all such
cases,  such officers and those so appointed or detailed
shall be held and   these individuals shall be 
deemed to be employees of the  State   state
 . The compensation  to be awarded to   for
 any such  individual   officer and those so
appointed or detailed  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
 Divison   Division  4  (commencing
with Section 3200)  of the Labor Code.
   In  the determination of benefits to be awarded any such
officer and those so appointed or detailed,  
determining the benefits awarded t   o an individual 
under the provisions of this section, it shall be conclusively
presumed that the average yearly earning of such injured or deceased
 officer   individual  is not less than
 two   ten  thousand  five hundred
 dollars  ($2,500)   ($10,000)  .
Any injury, death  ,  or disability shall be deemed to have
been suffered in line of duty unless the  same 
injury, death, or disability  resulted from misconduct or
disobedience of lawful orders by the injured or deceased 
officer   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  there
is not maintained an   a J.R.O.T.C. or  R.O.T.C.
unit  of high school or community college or college grade
otherwise meeting the qualifications prescribed by this chapter and
such rules and regulations not inconsistent therewith that may be
adopted by the Adjutant General   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  high 
schools, community colleges  ,  or colleges to create units
of and to become a member of the California Cadet Corps  ,
and the  . Any  cadet company  ,  or
companies  ,  or  other cadet units  
unit formed under this section  shall  in all respects
 be governed by the provisions of this chapter  to
the same extent  as though it were a public  high
 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 
male  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  will
be a nonresidential military institute that  would provide
a structured, disciplined environment that would be conducive to
learning in a college preparatory environment. In addition to
academic skills, students 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.  The Adjutant General may enter into a cooperative agreement
with the Superintendent of Public Instruction, any county, city, or
school governing board for the purpose of establishing a military
academy. 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.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation that would amend the Military and Veterans Code
to revise, enhance, and modernize provisions of the code,
specifically Chapter 1 (commencing with Section 500) and Chapter 2
(commencing with Section 530) of Part 2 of Division 2 of the Military
and Veterans Code, relating to youth programs administered by the
Military Department or the California National Guard, or both.

        
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