reglab/statecodes huggingface dataset:
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 1 - Composition › Section 126.

126. The Governor shall appoint boards in number and personnel as will best accomplish the enrollment and such boards shall be vested with the authority and power of passing upon and determining the claims of exemption filed under section 125. An appeal to the Governor may be taken from the decision of the boards by the State or any person interested in the matter and within the time prescribed in regulations promulgated by the Governor.
(Enacted by Stats. 1935, Ch. 389.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 1 - Composition › Section 127.

127. When the National Guard and Naval Militia are on duty as a combined force at any time, the commanding officer of the whole force shall be designated by the Governor. When two or more officers are on duty in the same place, camp, field, command or organization, the Governor may assign the command to any one of such officers without regard to seniority of rank or branch of service.
(Amended by Stats. 1949, Ch. 536.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 1 - Composition › Section 128.

128. The unorganized militia may be called for active duty in case of war, rebellion, insurrection, invasion, tumult, riot, breach of the peace, public calamity or catastrophe, or other emergency, or imminent danger thereof, or may be called forth for service under the Constitution and laws of the United States. Whenever it is necessary to call out any portion of the unorganized militia, the Governor may call for and accept as many volunteers as are required for such service, under regulations provided by this division.
(Amended by Stats. 1947, Ch. 155.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 1 - Composition › Section 129.

129. Every member of the militia who is ordered out, or who volunteers or is drafted under the provisions of this division and who does not appear at the time and place designated by the Governor, or under his authority, within twenty-four hours from such time, and who does not produce a sworn certificate of physical disability from a physician in good standing, is a deserter and shall be dealt with as prescribed in the Articles of War of the United States, or by this division.
(Enacted by Stats. 1935, Ch. 389.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 1 - Composition › Section 130.

130. (a) Members of the militia of the state shall not be discriminated against in enlistments, promotions, or commissions on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(b) It is hereby declared to be the policy of the State of California that there be equality of treatment and opportunity for all members of the militia of the state without regard to any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code. This policy shall be put into effect in the militia by rules and regulations to be issued by the Governor with due regard to the powers of the federal government that are, or may be, exercised over all the militia of the state with regard to positions requiring federal recognition.
(Amended by Stats. 2004, Ch. 788, Sec. 17. Effective January 1, 2005.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 2 - Commander in Chief › Section 140.

140. The Governor of the State, by virtue of his office, is the Commander in Chief of the Militia of the State.
(Enacted by Stats. 1935, Ch. 389.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 2 - Commander in Chief › Section 141.

141. The staff of the Governor consists of The Adjutant General and such aides as the Governor designates from the personnel of the National Guard and Naval Militia to serve during his incumbency. Such staff may also include the following personal aides-de-camp: five aides-de-camp who may be appointed by the Governor and who shall have the rank of lieutenant colonel, and one naval aide with the rank of commander. Such appointments by the Governor shall operate as a commission of such aides-de-camp.
(Enacted by Stats. 1935, Ch. 389.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 2 - Commander in Chief › Section 141.5.

141.5. The state active duty force consists of service members in active state military service when ordered by the Governor in accordance with this code.
(Added by Stats. 2012, Ch. 355, Sec. 2. (SB 807) Effective January 1, 2013.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 2 - Commander in Chief › Section 143.

143. Whenever the Governor is satisfied that rebellion, insurrection, tumult or riot exists in any part of the state or that the execution of civil or criminal process has been forcibly resisted by bodies of persons, or that any conspiracy or combination exists to resist by force the execution of process, or that the officers of any county or city are unable or have failed for any reason to enforce the laws, the Governor may, by proclamation, declare any part of the State of California or the county or city or any portion thereof to be in a state of insurrection, and he or she may thereupon order into the service of the state any number and description of the active militia, or unorganized militia, as he or she deems necessary, to serve for a term and under the command of any officer as he or she directs.
(Amended by Stats. 1994, Ch. 114, Sec. 2. Effective January 1, 1995.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 2 - Commander in Chief › Section 144.

144. The Governor may at any time revoke a proclamation of insurrection or declare that it shall terminate at a time or in the manner that he or she directs.
(Amended by Stats. 1994, Ch. 114, Sec. 3. Effective January 1, 1995.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 2 - Commander in Chief › Section 145.

145. A person who, after publication of the proclamation authorized by Section 143, joins, participates or takes any part in a rebellion, insurrection, tumult or riot, or who is party to any conspiracy or combination to resist by force the execution of the laws or who resists or aids in resisting the execution of process in any county or city declared to be in a state of insurrection, or who aids or attempts the rescue or escape of another from lawful custody or confinement, or who resists or aids in resisting any force ordered out by the Governor to quell or suppress an insurrection, is punishable by a fine of not less than one thousand dollars ($1,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years, or in a county jail for not more than one year, or by both that fine and imprisonment.
(Amended by Stats. 2011, Ch. 15, Sec. 224. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 2 - Commander in Chief › Section 146.

146. The Governor may call into active service any portion of the active militia as may be necessary, and if the number available be insufficient, the Governor may call into active service any portion of the unorganized militia as may be necessary, in any of the following events:
(a) In case of war, insurrection, rebellion, invasion, tumult, riot, breach of the peace, public calamity or catastrophe, including, but not limited to, catastrophic fires, or other emergency, or imminent danger thereof, or resistance to the laws of this state or the United States.
(b) Upon call or requisition of the President of the United States.
(c) Upon call of any United States marshal in California, or upon call of any officer of the United States Army commanding an army, army area, or military administrative or tactical command including generally the State of California, or upon call of any officer of the United States Air Force commanding an air force, air defense force, air defense command or air command including generally the State of California.
(d) Upon call of the chief executive officer of any city or city and county, or of any justice of the Supreme Court, or of any judge of the superior court, or of any sheriff, setting forth that there is an unlawful or riotous assembly with intent to commit a felony, or to offer violence to person or property, or to resist the laws of the State of California or the United States or that there has occurred a public calamity or catastrophe requiring aid to the civil authorities.
(e) Upon call of the sheriff setting forth that the civil power of the county is not sufficient to enable the sheriff to execute process delivered to him or her.
(Amended by Stats. 1995, Ch. 230, Sec. 2. Effective January 1, 1996.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 2 - Commander in Chief › Section 147.

147. In case of insurrection, invasion, war, rebellion, tumult, riot, breach of the peace, public calamity or catastrophe, or imminent danger thereof, or in the event of emergency in which all or any part of the militia is actively engaged in service upon order of the Governor, the Governor may suspend any and all provisions of this division or other laws of the State which require advertisement for bids for purchases of supplies or employment of services.
(Amended by Stats. 1947, Ch. 155.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 2 - Commander in Chief › Section 148.

148. The Governor shall direct the Adjutant General to make rules and regulations in conformity with this code which shall conform as nearly as practicable to those governing the United States Army, United States Air Force, and United States Navy. The rules and regulations shall have the same force and effect as the provisions of this code.
A finding by the Governor that it is impracticable to conform rules and regulations to those governing the United States Army, United States Air Force, or United States Navy shall be conclusive and the rules and regulations shall have force and effect over inconsistent rules, regulations, directives, manuals, or practices governing any of the Armed Forces of the United States.
(Amended by Stats. 2012, Ch. 355, Sec. 4. (SB 807) Effective January 1, 2013.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 3 - The Adjutant General › Section 160.

160. The Adjutant General is chief of staff to the Governor, subordinate only to the Governor and is the commander of all state military forces.
(Amended by Stats. 1994, Ch. 114, Sec. 5. Effective January 1, 1995.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 3 - The Adjutant General › Section 160.5.

160.5. Any statute of this state referring to the Commanding General of the State Military Forces is deemed to refer to the Adjutant General.
(Amended by Stats. 1983, Ch. 517, Sec. 4.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 3 - The Adjutant General › Section 161.

161. Within the Military Department, the office of the Adjutant General consists of one officer of the rank of lieutenant general who is the Adjutant General, one officer of the rank of brigadier general who is the Deputy Adjutant General, one officer who may be of the rank of brigadier general who is the Assistant Adjutant General, Army, one officer who may be of the rank of brigadier general who is the Assistant Adjutant General, Air, one officer who may be of the rank of brigadier general who is the Chief of Staff and Director of the Joint Staff, and other officers as are prescribed by the laws or regulations of the United States. No person is eligible for appointment as the Deputy Adjutant General unless he or she has not less than a total of five years of commissioned service in the National Guard of the United States, of which at least three years shall be service as a field grade officer in the California National Guard within the preceding 10-year period prior to the date of appointment and of which at least three years shall have been in command of army or air troops at the battalion or equivalent or higher command level or three years as a staff officer at brigade or equivalent or higher staff level. The Deputy Adjutant General is subordinate only to the Governor and the Adjutant General and shall have his or her duties assigned by the Adjutant General.
(Amended by Stats. 2012, Ch. 355, Sec. 5. (SB 807) Effective January 1, 2013.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 3 - The Adjutant General › Section 162.

162. The Governor, as Commander in Chief, shall appoint the Adjutant General, who shall be on state active duty, in the grade of lieutenant general, with the advice and consent of the Senate, and that person shall hold office at the pleasure of the Governor, or until his or her successor is appointed and has qualified. No person is eligible for appointment as Adjutant General unless he or she had not less than a total of 10 years of commissioned service in the National Guard of the United States, of which at least four years shall be service as a field grade officer in the California National Guard within the preceding 10-year period prior to the date of appointment and of which at least four years shall have been in command of army or air troops at the battalion or equivalent or higher command level or four years as a staff officer at brigade or equivalent or higher staff level.
(Amended by Stats. 2012, Ch. 355, Sec. 6. (SB 807) Effective January 1, 2013.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 3 - The Adjutant General › Section 163.

163. The Adjutant General shall perform such duties as are prescribed in this code and such additional duties consistent with the regulations and customs of the United States Army, United States Air Force, and the United States Navy as may be prescribed by the Governor. He shall issue all orders in the name of the Governor.
(Amended by Stats. 1949, Ch. 466.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 3 - The Adjutant General › Section 163.1.

163.1. All records of any special proceedings of any board of inquiry convened by the commanding general of the state military forces to investigate the causes of any accidents involving National Guard aircraft, the purpose of which investigation is prevention of future accidents, shall not be admissible for any purpose in evidence in any court of this state.
Whenever any such accident involves property damage or personal injury, a collateral investigation shall be conducted to ascertain the causes of such accidents and the records of any collateral investigations shall be discoverable under the appropriate sections of the Code of Civil Procedure.
(Added by Stats. 1969, Ch. 1267.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 3 - The Adjutant General › Section 164.

164. Subject to the approval of the Department of Finance, the Adjutant General shall appoint and fix the salaries of all clerical, expert, and technical assistants necessary for the proper conduct of his office. In general, the Office of the Adjutant General shall be organized according to general staff doctrine and procedure as set forth by the Department of the Army and the Department of the Air Force regulations where the same are not inconsistent with the laws of the State of California or this code.
(Amended by Stats. 1949, Ch. 466.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 3 - The Adjutant General › Section 164.1.

164.1. The Adjutant General shall receive the same pay and benefits pursuant to Section 320 as a lieutenant general in the Army of the United States and shall be paid in the same manner and at the same time as other service members on state active duty.
(Amended by Stats. 2012, Ch. 355, Sec. 7. (SB 807) Effective January 1, 2013.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 3 - The Adjutant General › Section 166.

166. In the event of the absence of the Adjutant General or of his or her inability to perform his or her duties, the Deputy Adjutant General or other officer designated by the Adjutant General shall perform the duties of the Adjutant General. In the event of the absence or inability of those officers, the Governor may detail a National Guard officer to perform those duties.
(Amended by Stats. 2012, Ch. 355, Sec. 8. (SB 807) Effective January 1, 2013.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 3 - The Adjutant General › Section 168.

168. The duties of the officers of the Office of the Adjutant General shall be such as are prescribed by law and regulations and shall conform as closely as practicable to the duties prescribed by orders and regulations of the Department of Defense for like officers in the United States Army, United States Air Force and United States Navy.
The Assistant Adjutant General shall be a brigadier general and shall receive the same pay and allowances as a brigadier general in the United States Army.
(Amended by Stats. 1949, Ch. 466.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 3 - The Adjutant General › Section 169.

169. The Adjutant General shall attest commissions issued to military officers.
(Enacted by Stats. 1935, Ch. 389.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 3 - The Adjutant General › Section 170.

170. The seal now used in the Office of the Adjutant General is the seal of that office, and shall be delivered by the Adjutant General to his or her successor. All orders issued from the Office of the Adjutant General shall be authenticated with this seal. Any order or directive inadvertently or mistakenly made or entered in the Office of the Adjutant General may for good cause and a reasonable time be vacated and set aside by the Adjutant General and a proper and correct order or directive made and entered in lieu thereof.
(Amended by Stats. 1994, Ch. 114, Sec. 6. Effective January 1, 1995.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 3 - The Adjutant General › Section 171.

171. The Adjutant General shall keep a register of all the officers of the militia of the State and shall keep in his office all records and papers required to be kept and filed therein.
(Enacted by Stats. 1935, Ch. 389.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 3 - The Adjutant General › Section 172.

172. The Adjutant General shall make a report to the Governor every fourth year, commencing in 1963, the report to include a statement of the moneys received and disbursed by the Adjutant General for military purposes, the number and condition of the active militia, and a history of the activities and developments of the Military Department during the preceding four years.
(Amended by Stats. 1994, Ch. 114, Sec. 7. Effective January 1, 1995.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 3 - The Adjutant General › Section 173.

173. The Adjutant General shall, at the expense of the State, when necessary, cause the military law, general regulations of the State, Articles of War of the United States, a history or histories of the California National Guard or the units thereof, and such other military publications necessary for the military service to be printed, indexed, and bound in compact form and distributed to the commissioned officers, and the several organizations of the active militia, and to such other military personnel and organizations as the Adjutant General may find to be necessary.
(Amended by Stats. 1947, Ch. 393.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 3 - The Adjutant General › Section 174.

174. The Adjutant General shall cause to be prepared and issued all necessary blank books, blanks, and notices required to carry into full effect the provisions of this division. All such books and blanks are the property of the State.
(Enacted by Stats. 1935, Ch. 389.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 3 - The Adjutant General › Section 175.

175. In order that the active militia of the State may receive the funds provided by Congress, the Adjutant General shall prepare and submit a plan of proposed field or camp service of instruction for the ensuing year, with an estimate of the funds required for pay, subsistence, and transportation of the portion of the active militia participating therein and such other information as may be required by the Department of the Army or the Department of the Air Force or Department of the Navy of the United States. The estimate shall furnish the details and shall be made out in the form required by instructions from the Secretary of the Army or the Secretary of the Navy or the Secretary of the Air Force.
(Amended by Stats. 1949, Ch. 466.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 3 - The Adjutant General › Section 176.

176. The Adjutant General may exhibit, at such times and places as he may see fit, the equipment, animals, and property of the National Guard or Naval Militia and may give demonstrations thereof with the aid of personnel selected therefor. All expense in relation thereto shall be paid from State funds.
(Enacted by Stats. 1935, Ch. 389.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 3 - The Adjutant General › Section 177.

177. The Adjutant General shall attend to the care, preservation, transportation, safekeeping, and repair of all military property belonging to the State or issued to the State by the United States for the purpose of arming and equipping the militia.
(Enacted by Stats. 1935, Ch. 389.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 3 - The Adjutant General › Section 178.

178. All military property of the state which after a proper inspection is found unsuitable for the use of the state may, with the approval of the Department of General Services, be sold, destroyed, or otherwise disposed of by the Adjutant General. All proceeds shall be remitted to the State Treasury and credited to the General Fund.
(Amended by Stats. 1965, Ch. 371.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 3 - The Adjutant General › Section 179.5.

179.5. (a) The Legislature acknowledges that certain artifacts of the Grand Army of the Republic that were at one time stored or displayed in the State Capitol were the personal property of certain members of the Civil War Roundtable. The Legislature acknowledges that those artifacts have been donated to, and are now in the custody of, the California State Military Museum and Resource Center, and are, thus, not the subject of this section.
(b) The Civil War memorabilia that are still located at the State Capitol and that are the subject of this section consist of the following:
(1) A display cabinet that once contained, among other things, artifacts of the Grand Army of the Republic that have since been donated by the Civil War Roundtable to the California State Military Museum and Resource Center mentioned in subdivision (a).
(2) Certain flags of the Grand Army of the Republic that have been, and continue to be, stored or displayed in the State Capitol.
(3) One or more paintings of the Civil War era that were donated to the state.
(4) Other remaining artifacts of the Grand Army of the Republic, and Civil War memorabilia.
(c) The articles specified in subdivision (b) shall be stored, cared for, or displayed as follows:
(1) The Adjutant General shall provide suitable accommodations within the California State Military Museum and Resource Center for the care and display of the display cabinet that was once used to display at the State Capitol the books, papers, and other artifacts relating to the Grand Army of the Republic and may make suitable arrangements for the use of this cabinet for the public display of these articles in locations throughout the state.
(2) Suitable facilities shall be provided at the State Capitol for storage or display within the State Capitol of the flags as set forth in paragraph (2) of subdivision (b), of the Civil War era paintings donated to the state as set forth in paragraph (3) of subdivision (b), and of other remaining artifacts and Civil War memorabilia as set forth in paragraph (4) of subdivision (b).
(Amended by Stats. 2009, Ch. 623, Sec. 2. (SB 818) Effective January 1, 2010.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 3 - The Adjutant General › Section 180.

180. The Adjutant General is responsible for all military property which may be issued to the State by the United States. He shall prepare returns of such property of the United States at the time and in the manner required by the Secretary of the Department of the Army and the Secretary of the Department of the Navy and the Secretary of the Department of the Air Force.
(Amended by Stats. 1949, Ch. 466.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 3 - The Adjutant General › Section 181.

181. The Adjutant General shall superintend the preparation of all returns and reports required by the United States from the State on military matters.
(Enacted by Stats. 1935, Ch. 389.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 3 - The Adjutant General › Section 182.

182. The Adjutant General shall keep a correct account of all expenses necessarily incurred, including pay of officers and enlisted persons, subsistence of militia, transportation of the militia, and all military property of the state. Those expenses shall be audited and paid in the same manner as other military accounts are audited and paid.
(Amended by Stats. 2018, Ch. 118, Sec. 2. (SB 1501) Effective January 1, 2019.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 3 - The Adjutant General › Section 183.

183. The Adjutant General shall issue such military property as the Governor directs, and under his direction shall make purchases for that purpose. No military property shall be issued to persons or organizations other than those belonging to the active militia except such portions of the unorganized militia as may be called out by the Governor, and except further the authorized and approved units of the California Cadet Corps.
(Amended by Stats. 1947, Ch. 393.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 3 - The Adjutant General › Section 186.

186. The Adjutant General may conduct a study to determine the feasibility of establishing a California National Guard memorial cemetery on state-owned property at Camp San Luis Obispo to serve as an interment site for members who have served at least 20 years in the National Guard and were discharged under honorable conditions or who were killed in the line of duty while serving on state or federal active duty, and for the spouses of these members.
(Added by Stats. 1984, Ch. 644, Sec. 2.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 3 - The Adjutant General › Section 187.

187. The Adjutant General may at any time purchase from the United States under the regulations of the Department of the Army and of the Department of the Air Force and of the Department of the Navy governing such purchases military property, equipment and supplies required by the military forces of this State.
(Amended by Stats. 1949, Ch. 466.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 3 - The Adjutant General › Section 188.

188. In the event of a call to active duty in case of insurrection, invasion, tumult, riot, breach of the peace, public calamity or catastrophe, or other emergency, or imminent danger thereof, the Adjutant General, with the approval of the Governor, may secure all necessary supplies, equipment, meals, quarters, subsistence, transportation, medical, surgical, and hospital services, and dental and artificial devices for the officers and men and women called to active duty. Those purchases and services shall be exempt from the rules and regulations set forth in Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. Claims for expenses thus incurred, when approved by the Adjutant General as purchases for the emergency, shall be deemed valid claims against appropriations for military purposes.
Except as otherwise provided in this act all claims shall be subject to the laws relating to state procurement of materials, supplies, equipment, and services pursuant to Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code.
(Amended by Stats. 1994, Ch. 114, Sec. 9. Effective January 1, 1995.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 3 - The Adjutant General › Section 189.

189. The sum of three thousand dollars ($3,000) appropriated by Chapter 467, Statutes of 1913, for a cash revolving fund to facilitate the work of the Adjutant General’s office, shall be hereafter held, continued, and used by the Adjutant General for that purpose. All or any part of the money may be drawn from the state treasury without the submission of receipts, vouchers, or itemized statements and may be used by the Adjutant General in advancing cash payments for ordnance, equipment, material, labor, supplies, and incidental expenses requiring cash payments in advance, where the payments are necessary for the proper operation of the militia. Any amounts shall be repaid out of the appropriation against which they are a proper charge, upon itemized claims accompanied by proper vouchers and receipts, and the money returned to the cash revolving fund.
The Adjutant General shall be liable on his or her bond for the money so advanced to the Adjutant General and may, to protect himself or herself, require sufficient bond of the several employees under the Adjutant General in case it should be necessary to delegate any of them to disburse money from the revolving fund. The Adjutant General shall account for the money herein appropriated at any time upon demand of the Department of Finance or the Controller.
(Amended by Stats. 1994, Ch. 114, Sec. 10. Effective January 1, 1995.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 2 - General Organization › ARTICLE 3 - The Adjutant General › Section 190.

190. Federal funds shall be deemed to be available for federal-state joint construction of armories approved for such joint construction, when the federal appropriation of the funds has been approved and the National Guard Bureau or other appropriate federal agency advises the Adjutant General of the amount of funds apportioned or prorated to the State of California for such purpose.
(Added by Stats. 1953, Ch. 176.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 3 - The National Guard › ARTICLE 1 - Membership › Section 210.

210. The National Guard consists of:
(a) General officers.
(b) The several staff corps and departments prescribed in tables of organization of the United States Army or United States Air Force or tables of organization for the National Guard.
(c) The officers and enlisted persons on the retired and the reserve lists.
(d) The organizations forming the National Guard and persons enlisted or commissioned therein.
(Amended by Stats. 2018, Ch. 118, Sec. 3. (SB 1501) Effective January 1, 2019.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 3 - The National Guard › ARTICLE 1 - Membership › Section 211.

211. The Governor may alter, divide, annex, consolidate, disband, or reorganize any organization, department, or corps and create new organizations, departments, or corps when required by the provisions of this division or whenever in his judgment the efficiency of the State forces will be thereby increased.
The Governor may also change the organization of any organization, department, or corps so as to conform to any system of drill, or instruction prescribed by the laws of the United States for the National Guard and for that purpose the number of the officers and noncommissioned officers of any grade may be increased or diminished and the grades of such officers and noncommissioned officers may be altered to the extent necessary to secure such conformity.
(Enacted by Stats. 1935, Ch. 389.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 3 - The National Guard › ARTICLE 1 - Membership › Section 212.

212. The inactive National Guard shall consist of those organizations, officers, and enlisted persons as are authorized and prescribed by the laws of the United States and regulations issued thereunder.
(Amended by Stats. 2018, Ch. 118, Sec. 4. (SB 1501) Effective January 1, 2019.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 3 - The National Guard › ARTICLE 1 - Membership › Section 213.

213. Members of the California National Guard who have reverted from federal control to state control thereby become members of the State Guard and are subject to Chapter 3 (commencing with Section 550) of Part 2 of this division for the unexpired period of their enlistment or appointment, unless upon reversion the members are assigned to active units of the California National Guard which have not been called or ordered into federal service.
(Amended by Stats. 2020, Ch. 97, Sec. 18. (AB 2193) Effective January 1, 2021.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 3 - The National Guard › ARTICLE 1 - Membership › Section 214.

214. During the absence of organizations of the National Guard in the service of the United States, their State or Federal designations shall not be given to new organizations.
(Enacted by Stats. 1935, Ch. 389.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 3 - The National Guard › ARTICLE 1 - Membership › Section 215.

215. For all purposes under this code, commissioned officers, warrant officers and enlisted persons of the California National Guard, California Air National Guard, and California National Guard Reserve who have heretofore or hereafter performed service in the United States Army, United States Air Force, United States Navy, or a reserve component thereof shall be entitled to credit for time so served as if that service had been rendered in the state forces. Service in the state forces shall include all full-time active duty and part-time duty performed heretofore or hereafter either as an enlisted person, warrant officer or commissioned officer pursuant to any prior or present section or sections or provisions of this code. Federal law notwithstanding, in computing state service for retirement with pay under this authority, full-time active service and part-time duty or service with the Armed Forces of the United States or any reserve component thereof shall be considered.
(Amended by Stats. 2018, Ch. 118, Sec. 5. (SB 1501) Effective January 1, 2019.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 3 - The National Guard › ARTICLE 1 - Membership › Section 216.

216. Former members of the National Guard who have been honorably discharged for “expiration of term of service” or on account of “removal” and have returned to the limits of their commands, and officers who have resigned or have been honorably discharged, or whose terms have expired, who reenlist or reenter the National Guard within ninety days from the date of their discharge or the expiration of their term of office, shall be given credit for continuous service, and the enlistment considered consecutive.
(Enacted by Stats. 1935, Ch. 389.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 3 - The National Guard › ARTICLE 1 - Membership › Section 217.

217. The California National Guard shall inform its members that it will assist noncitizen members in acquiring United States citizenship as soon as they are eligible. If a noncitizen member requests such assistance, then the California National Guard shall assist the member in filing all forms and paperwork necessary to become a United States citizen.
(Added by Stats. 2017, Ch. 497, Sec. 2. (SB 156) Effective October 5, 2017.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 3 - The National Guard › ARTICLE 2 - Officers › Section 220.

220. All officers shall be commissioned by the Governor. All appointments of officers shall be made and all vacancies shall be filled in the manner provided by the laws and regulations of the United States Army and United States Air Force.
(Amended by Stats. 1963, Ch. 117.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 3 - The National Guard › ARTICLE 2 - Officers › Section 221.

221. All officers duly commissioned shall take the oath of office prescribed by the laws of the United States relating to the appointment and recognition of federally recognized officers of the National Guard and in addition thereto any other oath prescribed by law, and file or be covered by the bond provided for in this division.
(Enacted by Stats. 1935, Ch. 389.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 3 - The National Guard › ARTICLE 2 - Officers › Section 222.

222. Persons to be commissioned in the National Guard shall be selected from those eligible for federal recognition in accordance with Army and Air National Guard Regulations promulgated from time to time by the Department of the Army or the Department of the Air Force of the United States and from former commissioned officers of the United States Army, United States Air Force, United States Navy, or any reserve component thereof, who were honorably separated therefrom but are no longer eligible for federal recognition.
(Amended by Stats. 1963, Ch. 118.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 3 - The National Guard › ARTICLE 2 - Officers › Section 223.

223. All officers, warrant officers, and enlisted persons of the militia and all persons on duty with the militia shall give any bonds and security as may be required and within the time prescribed by the Adjutant General to secure the state against loss on account of misuse or misapplication of state or company property or funds or the property or funds of the United States in use by the State of California.
All bonds shall be conditioned upon the faithful performance of all duties and the accounting for all property and moneys, including organization funds, for which the obligee is responsible or accountable.
The Adjutant General may in lieu of the foregoing enter into an agreement conditioned in like terms and for the same purpose with a qualified surety company to bond all officers, warrant officers, and enlisted persons of the militia, and all persons on duty with the militia without specifically naming them. The agreement shall also provide that the report and final action of military or naval authorities having jurisdiction for fixing responsibility for loss or damage shall be conclusive proof of the responsibility or liability of any officer, warrant officer, or enlisted person in a suit brought to enforce the obligation of the bond.
The premiums on bonds shall be charged to those funds appropriated for the support of the militia as the Governor directs.
(Amended by Stats. 2018, Ch. 118, Sec. 6. (SB 1501) Effective January 1, 2019.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 3 - The National Guard › ARTICLE 2 - Officers › Section 224.

224. Rank: How Determined. All officers of the National Guard shall take rank according to the date assigned them by their commissions, which date shall be that of their appointment, except that in the case of an officer who has previously held the same or a higher grade in the California National Guard, California Air National Guard, the Officers’ Reserve Corps, or has performed active duty in the same or a higher grade in the armed forces of the United States, his date of rank shall antedate his date of appointment by the length of time he has previously held such grade or performed such active duty. When two officers of the same grade are commissioned as of the same date, their rank shall be determined, first, by the length of previous services as an officer in the National Guard; second, by the length of previous military service in the National Guard; third, according to age, the eldest taking precedence.
(Amended by Stats. 1949, Ch. 466.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 3 - The National Guard › ARTICLE 2 - Officers › Section 225.

225. Warrant officers of the National Guard shall be appointed by the Governor. The classes of persons from which warrant officers may be appointed shall be the same as are provided in the rules and regulations adopted by the United States for the control, administration and government of the National Guard so far as the same are not inconsistent with this code and from former commissioned or warrant officers of the United States Army, United States Air Force, United States Navy, or any reserve component thereof, who were honorably separated therefrom but are no longer eligible for federal recognition. Warrant officers shall be separated from the service, discharged and dismissed and shall have the same privileges respecting retirement as commissioned officers, and shall have all other powers, privileges and duties authorized by the laws and regulations of the United States and customs of the service.
(Amended by Stats. 1963, Ch. 119.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 3 - The National Guard › ARTICLE 2 - Officers › Section 226.

226. Every officer shall provide himself with the arms, uniforms, and equipment prescribed and approved by the Governor.
(Amended by Stats. 1963, Ch. 120.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 3 - The National Guard › ARTICLE 2 - Officers › Section 227.

227. When an officer of the National Guard is sixty-four years of age, he shall be retired from active service and placed on the retired list.
(Enacted by Stats. 1935, Ch. 389.)