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.
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.
161. 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 Assistant
Adjutant General, one officer who may be of the rank of brigadier
general who is the Deputy Adjutant General, Army Division, one
officer who may be of the rank of brigadier general who is the Deputy
Adjutant General, Air Division, one officer who may be of the rank
of brigadier general who is the Deputy Adjutant General, Joint Staff
Division, and other officers as are prescribed by the laws or
regulations of the United States. No person is eligible for
appointment as the Assistant Adjutant General unless he or she had
not less than a total of five (5) years of commissioned service in
the National Guard of the United States, of which at least three (3)
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 (3) years shall have been
in command of Army or air troops at the battalion or equivalent or
higher command level or three (3) years as a staff officer at brigade
or equivalent or higher staff level. The Assistant Adjutant General
is subordinate only to the Governor and the Adjutant General.
162. The Adjutant General shall be appointed by the Governor with
the advice and consent of the Senate, and shall hold office at the
pleasure of the Governor, or until his successor is appointed and has
qualified. No person is eligible for appointment as Adjutant General
unless he had not less than a total of ten (10) years of
commissioned service in the National Guard of the United States, of
which at least four (4) 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
(4) years shall have been in command of army or air troops at the
battalion or equivalent or higher command level or four (4) years as
a staff officer at brigade or equivalent or higher staff level.
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.
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.
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.
164.1. The Adjutant General shall be paid the same pay and
allowances as is received by 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 state officers.
166. In the event of the absence of The Adjutant General or of his
inability to perform his duties, the officer designated by The
Adjutant General or the senior officer in The Adjutant General's
office shall perform the duties of The Adjutant General. In the event
of the absence or inability of such officers the Governor may detail
a National Guard officer to perform such duties.
167. (a) All commissioned and warrant officers and enlisted
personnel on permanent active duty with the Office of the Adjutant
General shall be appointed by the Governor, with consideration of the
recommendation of the Adjutant General and, except for the Adjutant
General, the Assistant Adjutant General, and officers assigned to
general officer positions, may remain on active duty with the office
either until age 60 or until federal recognition of grade or rank as
a member of the California National Guard is withdrawn, whichever
occurs later.
(b) If the commission of an officer on active duty with the office
is vacated pursuant to Section 232, if a warrant officer on active
duty with the office is discharged pursuant to Section 225, or if an
enlisted person on active duty with the office is discharged under
proper authority, the provisions of subdivision (a) regarding
retention until age 60 do not apply.
(c) A commissioned officer on active duty with the office assigned
to a general officer position who, previous to that duty, held a
permanent active duty position in the office at a lower grade may
revert to the permanent grade last held upon vacation of the general
officer position.
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.
169. The Adjutant General shall attest commissions issued to
military officers.
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.
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.
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.
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.
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.
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.
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.
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.
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.
179. (a) The Adjutant General shall establish a California State
Military Museum and Resource Center as a repository for military
artifacts, memorabilia, equipment, documents, and other items
relating to the military history of California, and to the history of
the California National Guard, in accordance with applicable
regulations of the United States Army governing Army museum
activities. The museum shall consist of the facility described in the
Proclamation of the Governor dated May 11, 1994, and any branches as
may currently exist or may from time to time be created throughout
the state. Each facility shall be deemed to be an armory within the
meaning of Section 430.
(b) The Adjutant General shall enter into an operating agreement
with the California State Military Museum Foundation, formerly known
as the California National Guard Historical Society, an existing
California nonprofit public benefit corporation that is tax exempt
under Section 501(c)(3) of the Internal Revenue Code. Under the
operating agreement with the Adjutant General, the foundation shall
operate the California State Military Museum and Resource Center in
coordination with the California State Military Reserve's California
Center for Military History. The foundation shall develop,
administer, interpret, and manage museum historical programs and
related public services, and acquire and manage funding for museum
programs and services.
(c) Volunteers, docents, members of the California State Military
Reserve, or others working with or for the California State Military
Museum Foundation, for purposes consistent with the mission of the
organization, shall be considered volunteers under Sections 3118 and
3119 of the Government Code and Section 3363.5 of the Labor Code.
(d) The Board of Directors of the California State Military Museum
Foundation shall include the Adjutant General, or the Assistant
Adjutant General, or any Deputy Adjutant General designated by the
Adjutant General, as an ex officio voting member of the board. The
board of directors of the foundation shall be the governing authority
for operations funded through moneys received by the foundation. The
board of directors of the foundation shall, no later than October 15
of each year, submit an audit report to the Adjutant General, the
Chair of the Joint Legislative Audit Committee, the Chair of the
Joint Legislative Budget Committee, and the Director of Finance.
(e) No funds raised or assets acquired by the foundation shall be
used for purposes inconsistent with support of the museum.
(f) The Board of Directors of the California State Military Museum
Foundation shall, no later than March 15 of each year, submit a
business plan for the following fiscal year to the Adjutant General,
the Director of Finance, and the Chair of the Joint Legislative
Budget Committee for review and comment. The board of directors shall
also submit, not less than 30 days prior to adoption, any proposed
formal amendments to the business plan to the Adjutant General, the
Director of Finance, and the Chair of the Joint Legislative Budget
Committee for review and comment.
(g) (1) The Adjutant General or the California State Military
Museum Foundation may solicit, receive, and administer donations of
funds or property for the support and improvement of the museum. Any
grants or donations received may be expended or used for museum
purposes.
(2) Property of historical military significance, not including
real property, that is owned by the state and is determined by the
Adjutant General to be in excess of the needs of the Military
Department, shall be transferred to the museum.
(3) Property determined by the California State Military Museum
Foundation to be in excess of the needs of the museum may be sold,
donated, exchanged, or otherwise disposed of, at its discretion, in a
manner appropriate to the historical and intrinsic value of the
property, and the benefits from the disposition shall inure to the
museum. This paragraph does not apply to property held in trust for
the Controller pursuant to Section 1563 of the Code of Civil
Procedure.
(h) The Adjutant General or the California State Military Museum
Foundation may solicit and receive firearms and other weaponry
confiscated by or otherwise in the possession of law enforcement
officers as donations to the museum if he or she deems them to be of
historical or military interest.
(i) The Adjutant General shall, in cooperation with the California
State Military Museum Foundation, conduct a study of the future
needs of the National Guard to preserve, display, and interpret
artifacts, documents, photographs, films, literature, and other items
relating to the history of the military in California.
(j) (1) The California State Military Museum Foundation may enter
into agreements with other military museums in California, including,
but not limited to, the Legion of Valor Museum, to loan property
that is not real property and that is under the direct control of the
foundation.
(2) The California State Military Museum Foundation may enter into
agreements with other military museums in California to loan
property held in trust for the Controller pursuant to Section 1563 of
the Code of Civil Procedure.
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).
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.
181. The Adjutant General shall superintend the preparation of all
returns and reports required by the United States from the State on
military matters.
182. The Adjutant General shall keep a correct account of all
expenses necessarily incurred, including pay of officers and enlisted
men and women, 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.
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.
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.
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.
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.
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.
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.
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.
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.
161. 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 Assistant
Adjutant General, one officer who may be of the rank of brigadier
general who is the Deputy Adjutant General, Army Division, one
officer who may be of the rank of brigadier general who is the Deputy
Adjutant General, Air Division, one officer who may be of the rank
of brigadier general who is the Deputy Adjutant General, Joint Staff
Division, and other officers as are prescribed by the laws or
regulations of the United States. No person is eligible for
appointment as the Assistant Adjutant General unless he or she had
not less than a total of five (5) years of commissioned service in
the National Guard of the United States, of which at least three (3)
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 (3) years shall have been
in command of Army or air troops at the battalion or equivalent or
higher command level or three (3) years as a staff officer at brigade
or equivalent or higher staff level. The Assistant Adjutant General
is subordinate only to the Governor and the Adjutant General.
162. The Adjutant General shall be appointed by the Governor with
the advice and consent of the Senate, and shall hold office at the
pleasure of the Governor, or until his successor is appointed and has
qualified. No person is eligible for appointment as Adjutant General
unless he had not less than a total of ten (10) years of
commissioned service in the National Guard of the United States, of
which at least four (4) 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
(4) years shall have been in command of army or air troops at the
battalion or equivalent or higher command level or four (4) years as
a staff officer at brigade or equivalent or higher staff level.
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.
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.
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.
164.1. The Adjutant General shall be paid the same pay and
allowances as is received by 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 state officers.
166. In the event of the absence of The Adjutant General or of his
inability to perform his duties, the officer designated by The
Adjutant General or the senior officer in The Adjutant General's
office shall perform the duties of The Adjutant General. In the event
of the absence or inability of such officers the Governor may detail
a National Guard officer to perform such duties.
167. (a) All commissioned and warrant officers and enlisted
personnel on permanent active duty with the Office of the Adjutant
General shall be appointed by the Governor, with consideration of the
recommendation of the Adjutant General and, except for the Adjutant
General, the Assistant Adjutant General, and officers assigned to
general officer positions, may remain on active duty with the office
either until age 60 or until federal recognition of grade or rank as
a member of the California National Guard is withdrawn, whichever
occurs later.
(b) If the commission of an officer on active duty with the office
is vacated pursuant to Section 232, if a warrant officer on active
duty with the office is discharged pursuant to Section 225, or if an
enlisted person on active duty with the office is discharged under
proper authority, the provisions of subdivision (a) regarding
retention until age 60 do not apply.
(c) A commissioned officer on active duty with the office assigned
to a general officer position who, previous to that duty, held a
permanent active duty position in the office at a lower grade may
revert to the permanent grade last held upon vacation of the general
officer position.
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.
169. The Adjutant General shall attest commissions issued to
military officers.
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.
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.
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.
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.
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.
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.
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.
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.
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.
179. (a) The Adjutant General shall establish a California State
Military Museum and Resource Center as a repository for military
artifacts, memorabilia, equipment, documents, and other items
relating to the military history of California, and to the history of
the California National Guard, in accordance with applicable
regulations of the United States Army governing Army museum
activities. The museum shall consist of the facility described in the
Proclamation of the Governor dated May 11, 1994, and any branches as
may currently exist or may from time to time be created throughout
the state. Each facility shall be deemed to be an armory within the
meaning of Section 430.
(b) The Adjutant General shall enter into an operating agreement
with the California State Military Museum Foundation, formerly known
as the California National Guard Historical Society, an existing
California nonprofit public benefit corporation that is tax exempt
under Section 501(c)(3) of the Internal Revenue Code. Under the
operating agreement with the Adjutant General, the foundation shall
operate the California State Military Museum and Resource Center in
coordination with the California State Military Reserve's California
Center for Military History. The foundation shall develop,
administer, interpret, and manage museum historical programs and
related public services, and acquire and manage funding for museum
programs and services.
(c) Volunteers, docents, members of the California State Military
Reserve, or others working with or for the California State Military
Museum Foundation, for purposes consistent with the mission of the
organization, shall be considered volunteers under Sections 3118 and
3119 of the Government Code and Section 3363.5 of the Labor Code.
(d) The Board of Directors of the California State Military Museum
Foundation shall include the Adjutant General, or the Assistant
Adjutant General, or any Deputy Adjutant General designated by the
Adjutant General, as an ex officio voting member of the board. The
board of directors of the foundation shall be the governing authority
for operations funded through moneys received by the foundation. The
board of directors of the foundation shall, no later than October 15
of each year, submit an audit report to the Adjutant General, the
Chair of the Joint Legislative Audit Committee, the Chair of the
Joint Legislative Budget Committee, and the Director of Finance.
(e) No funds raised or assets acquired by the foundation shall be
used for purposes inconsistent with support of the museum.
(f) The Board of Directors of the California State Military Museum
Foundation shall, no later than March 15 of each year, submit a
business plan for the following fiscal year to the Adjutant General,
the Director of Finance, and the Chair of the Joint Legislative
Budget Committee for review and comment. The board of directors shall
also submit, not less than 30 days prior to adoption, any proposed
formal amendments to the business plan to the Adjutant General, the
Director of Finance, and the Chair of the Joint Legislative Budget
Committee for review and comment.
(g) (1) The Adjutant General or the California State Military
Museum Foundation may solicit, receive, and administer donations of
funds or property for the support and improvement of the museum. Any
grants or donations received may be expended or used for museum
purposes.
(2) Property of historical military significance, not including
real property, that is owned by the state and is determined by the
Adjutant General to be in excess of the needs of the Military
Department, shall be transferred to the museum.
(3) Property determined by the California State Military Museum
Foundation to be in excess of the needs of the museum may be sold,
donated, exchanged, or otherwise disposed of, at its discretion, in a
manner appropriate to the historical and intrinsic value of the
property, and the benefits from the disposition shall inure to the
museum. This paragraph does not apply to property held in trust for
the Controller pursuant to Section 1563 of the Code of Civil
Procedure.
(h) The Adjutant General or the California State Military Museum
Foundation may solicit and receive firearms and other weaponry
confiscated by or otherwise in the possession of law enforcement
officers as donations to the museum if he or she deems them to be of
historical or military interest.
(i) The Adjutant General shall, in cooperation with the California
State Military Museum Foundation, conduct a study of the future
needs of the National Guard to preserve, display, and interpret
artifacts, documents, photographs, films, literature, and other items
relating to the history of the military in California.
(j) (1) The California State Military Museum Foundation may enter
into agreements with other military museums in California, including,
but not limited to, the Legion of Valor Museum, to loan property
that is not real property and that is under the direct control of the
foundation.
(2) The California State Military Museum Foundation may enter into
agreements with other military museums in California to loan
property held in trust for the Controller pursuant to Section 1563 of
the Code of Civil Procedure.
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).
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.
181. The Adjutant General shall superintend the preparation of all
returns and reports required by the United States from the State on
military matters.
182. The Adjutant General shall keep a correct account of all
expenses necessarily incurred, including pay of officers and enlisted
men and women, 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.
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.
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.
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.
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.
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.
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.
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.
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.
161. 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 Assistant
Adjutant General, one officer who may be of the rank of brigadier
general who is the Deputy Adjutant General, Army Division, one
officer who may be of the rank of brigadier general who is the Deputy
Adjutant General, Air Division, one officer who may be of the rank
of brigadier general who is the Deputy Adjutant General, Joint Staff
Division, and other officers as are prescribed by the laws or
regulations of the United States. No person is eligible for
appointment as the Assistant Adjutant General unless he or she had
not less than a total of five (5) years of commissioned service in
the National Guard of the United States, of which at least three (3)
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 (3) years shall have been
in command of Army or air troops at the battalion or equivalent or
higher command level or three (3) years as a staff officer at brigade
or equivalent or higher staff level. The Assistant Adjutant General
is subordinate only to the Governor and the Adjutant General.
162. The Adjutant General shall be appointed by the Governor with
the advice and consent of the Senate, and shall hold office at the
pleasure of the Governor, or until his successor is appointed and has
qualified. No person is eligible for appointment as Adjutant General
unless he had not less than a total of ten (10) years of
commissioned service in the National Guard of the United States, of
which at least four (4) 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
(4) years shall have been in command of army or air troops at the
battalion or equivalent or higher command level or four (4) years as
a staff officer at brigade or equivalent or higher staff level.
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.
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.
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.
164.1. The Adjutant General shall be paid the same pay and
allowances as is received by 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 state officers.
166. In the event of the absence of The Adjutant General or of his
inability to perform his duties, the officer designated by The
Adjutant General or the senior officer in The Adjutant General's
office shall perform the duties of The Adjutant General. In the event
of the absence or inability of such officers the Governor may detail
a National Guard officer to perform such duties.
167. (a) All commissioned and warrant officers and enlisted
personnel on permanent active duty with the Office of the Adjutant
General shall be appointed by the Governor, with consideration of the
recommendation of the Adjutant General and, except for the Adjutant
General, the Assistant Adjutant General, and officers assigned to
general officer positions, may remain on active duty with the office
either until age 60 or until federal recognition of grade or rank as
a member of the California National Guard is withdrawn, whichever
occurs later.
(b) If the commission of an officer on active duty with the office
is vacated pursuant to Section 232, if a warrant officer on active
duty with the office is discharged pursuant to Section 225, or if an
enlisted person on active duty with the office is discharged under
proper authority, the provisions of subdivision (a) regarding
retention until age 60 do not apply.
(c) A commissioned officer on active duty with the office assigned
to a general officer position who, previous to that duty, held a
permanent active duty position in the office at a lower grade may
revert to the permanent grade last held upon vacation of the general
officer position.
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.
169. The Adjutant General shall attest commissions issued to
military officers.
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.
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.
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.
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.
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.
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.
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.
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.
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.
179. (a) The Adjutant General shall establish a California State
Military Museum and Resource Center as a repository for military
artifacts, memorabilia, equipment, documents, and other items
relating to the military history of California, and to the history of
the California National Guard, in accordance with applicable
regulations of the United States Army governing Army museum
activities. The museum shall consist of the facility described in the
Proclamation of the Governor dated May 11, 1994, and any branches as
may currently exist or may from time to time be created throughout
the state. Each facility shall be deemed to be an armory within the
meaning of Section 430.
(b) The Adjutant General shall enter into an operating agreement
with the California State Military Museum Foundation, formerly known
as the California National Guard Historical Society, an existing
California nonprofit public benefit corporation that is tax exempt
under Section 501(c)(3) of the Internal Revenue Code. Under the
operating agreement with the Adjutant General, the foundation shall
operate the California State Military Museum and Resource Center in
coordination with the California State Military Reserve's California
Center for Military History. The foundation shall develop,
administer, interpret, and manage museum historical programs and
related public services, and acquire and manage funding for museum
programs and services.
(c) Volunteers, docents, members of the California State Military
Reserve, or others working with or for the California State Military
Museum Foundation, for purposes consistent with the mission of the
organization, shall be considered volunteers under Sections 3118 and
3119 of the Government Code and Section 3363.5 of the Labor Code.
(d) The Board of Directors of the California State Military Museum
Foundation shall include the Adjutant General, or the Assistant
Adjutant General, or any Deputy Adjutant General designated by the
Adjutant General, as an ex officio voting member of the board. The
board of directors of the foundation shall be the governing authority
for operations funded through moneys received by the foundation. The
board of directors of the foundation shall, no later than October 15
of each year, submit an audit report to the Adjutant General, the
Chair of the Joint Legislative Audit Committee, the Chair of the
Joint Legislative Budget Committee, and the Director of Finance.
(e) No funds raised or assets acquired by the foundation shall be
used for purposes inconsistent with support of the museum.
(f) The Board of Directors of the California State Military Museum
Foundation shall, no later than March 15 of each year, submit a
business plan for the following fiscal year to the Adjutant General,
the Director of Finance, and the Chair of the Joint Legislative
Budget Committee for review and comment. The board of directors shall
also submit, not less than 30 days prior to adoption, any proposed
formal amendments to the business plan to the Adjutant General, the
Director of Finance, and the Chair of the Joint Legislative Budget
Committee for review and comment.
(g) (1) The Adjutant General or the California State Military
Museum Foundation may solicit, receive, and administer donations of
funds or property for the support and improvement of the museum. Any
grants or donations received may be expended or used for museum
purposes.
(2) Property of historical military significance, not including
real property, that is owned by the state and is determined by the
Adjutant General to be in excess of the needs of the Military
Department, shall be transferred to the museum.
(3) Property determined by the California State Military Museum
Foundation to be in excess of the needs of the museum may be sold,
donated, exchanged, or otherwise disposed of, at its discretion, in a
manner appropriate to the historical and intrinsic value of the
property, and the benefits from the disposition shall inure to the
museum. This paragraph does not apply to property held in trust for
the Controller pursuant to Section 1563 of the Code of Civil
Procedure.
(h) The Adjutant General or the California State Military Museum
Foundation may solicit and receive firearms and other weaponry
confiscated by or otherwise in the possession of law enforcement
officers as donations to the museum if he or she deems them to be of
historical or military interest.
(i) The Adjutant General shall, in cooperation with the California
State Military Museum Foundation, conduct a study of the future
needs of the National Guard to preserve, display, and interpret
artifacts, documents, photographs, films, literature, and other items
relating to the history of the military in California.
(j) (1) The California State Military Museum Foundation may enter
into agreements with other military museums in California, including,
but not limited to, the Legion of Valor Museum, to loan property
that is not real property and that is under the direct control of the
foundation.
(2) The California State Military Museum Foundation may enter into
agreements with other military museums in California to loan
property held in trust for the Controller pursuant to Section 1563 of
the Code of Civil Procedure.
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).
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.
181. The Adjutant General shall superintend the preparation of all
returns and reports required by the United States from the State on
military matters.
182. The Adjutant General shall keep a correct account of all
expenses necessarily incurred, including pay of officers and enlisted
men and women, 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.
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.
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.
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.
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.
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.
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.
