Article 1. Funds, Arms, And Equipment of California Military And Veterans Code >> Division 2. >> Part 1. >> Chapter 8. >> Article 1.
The National Guard, Naval Militia, and unorganized militia
when called into active service shall be provided by the State with
the supplies and equipment, not supplied by the United States,
necessary for the proper performance of functions authorized or
prescribed by the laws and regulations of the State and the United
The board of supervisors of any county or the legislative body
of any city may appropriate money from the general fund of such
county or city for the use, benefit, or assistance of the National
Guard or Naval Militia or for National Guard or Naval Militia
purposes within such county or city only.
Any officer who is accountable for any Federal, State, or
company funds or property who fails or neglects to deliver over such
funds or property to the person designated by proper authority to
relieve such officer, shall be charged with all shortages thereof not
covered by the receipt obtained by such officer from the person to
whom he has delivered the same.
Quartermasters and supply officers are accountable and responsible
for all property issued to the headquarters to which they are
attached or with which they are on duty.
(a) Notwithstanding any other law, the Adjutant General may
do all of the following:
(1) Establish support programs, including, but not limited to,
morale, welfare, recreational, training, and educational programs for
the benefit of the Military Department, its components, and its
soldiers, airmen, cadets, and their family members.
(2) Establish, construct, or acquire facilities or equipment for
the purposes specified in paragraph (1).
(3) Adopt rules and regulations for all of the following:
(A) For the programs established pursuant to paragraph (1).
(B) For the solicitation and acceptance of funds authorized
pursuant to subdivision (b).
(C) For the establishment, deposit, and expenditure of military
post, welfare, or similar unit funds.
(4) Perform any other acts as may be necessary, desirable, or
proper to carry out the purposes of this section.
(b) (1) Notwithstanding any other law, the Adjutant General and
the Military Department may solicit and accept funds or other
donations which shall be deposited in the California Military
Department Support Fund, which is hereby established in the State
Treasury. The money in the fund is available, upon appropriation by
the Legislature, solely for the purposes prescribed by this section.
(2) Section 11005 of the Government Code shall not apply to the
acceptance of funds or other donations pursuant to this subdivision.
(3) It is the intent of the Legislature that funds appropriated to
the Military Department as provided by this section be used to
supplement, not supplant, funding appropriated to the Military
Department pursuant to any other law for the purposes prescribed by
(c) (1) The California Military Department Support Fund shall
include the California National Guard Military Family Relief Fund, a
special fund as established within the California Military Department
Support Fund by subdivision (d).
(2) For accounting and recordkeeping purposes, the California
Military Department Support Fund shall be deemed to be a single
special fund, and any special funds therein shall constitute and be
deemed to be a separate account in the California Military Department
Support Fund. Each account or fund shall be available for
expenditure only for the purposes as are now or may hereafter be
provided by law.
(d) (1) Notwithstanding subdivision (d) of former Section 18709 of
the Revenue and Taxation Code as added by Chapter 546 of the
Statutes of 2004, the California National Guard Military Family
Relief Fund is hereby established as an account within the California
Military Department Support Fund for the purpose of providing
financial aid grants to members of the California National Guard who
are California residents and who have been called to active duty.
(2) The Military Department shall establish eligibility criteria
for the grants by January 1, 2015. The criteria shall include, but
not be limited to, a demonstration of financial need.
(3) In addition to criteria established by the Military Department
pursuant to paragraph (2), members of the California National Guard
shall show proof of all of the following to be eligible to receive a
grant pursuant to subdivision (d):
(A) Current membership in the California National Guard.
(B) Residency in California.
(C) Deployment to active duty for at least 60 consecutive days.
(4) Grants awarded pursuant to this subdivision may be used only
for food, housing, child care, utilities, medical services, medical
prescriptions, insurance, and vehicle payments.
(5) California National Guard members shall not be eligible to
receive a grant if the member receives a punitive discharge or an
administrative discharge with service characterized as under other
than honorable conditions.
(e) The Adjutant General, on or before March 31, 2014, and on or
before that date each year thereafter, shall conduct an internal
audit of the fund established in accordance with subdivisions (b) and
(c) and report the findings of the audit to the Department of
All moneys including company funds, of which the commanding
officer or other officer or employee is the custodian, shall be
deposited in a national bank or a bank incorporated under the laws of
this State. All moneys, funds, bonds, securities, property or other
assets held in trust for or on behalf of any National Guard units or
organizations or the commanding officers thereof, by the State of
California, the State Treasurer, or other public or trust officer,
may be paid to such units or organizations to be used for military
purposes upon demand of the National Guard units or organizations or
the commanding officers thereof provided the Adjutant General shall
have approved such payment. If the National Guard units or
organizations which made said payment or delivered said property in
trust is or are not in existence, then said moneys, funds, bonds,
securities, property or other assets so held in trust may be paid or
delivered upon like demand to the successor or successors of said
units or organizations. A National Guard unit or units or
organizations shall be a successor or successors within the meaning
of this section if it or they is or are located at, and its or their
members reside in, the same general area as its or their predecessor.
The order of the Adjutant General determining that a unit or units
or an organization is or are a successor or successors within the
meaning of this section shall be conclusive of the fact.
If no National Guard unit or units is or are organized in said
general area as a successor or successors then the said moneys,
funds, bonds, securities, property or other assets so held in trust
may be paid or delivered upon like demand and approval to the next
highest organized unit in the echelon of command that includes the
said general area of said former units or organizations that may have
deposited said property or assets in trust as aforesaid.
All money, funds, bonds, securities, property or other asssets
paid or delivered to any National Guard unit or units or organization
pursuant to this section shall be used for military purposes and the
benefit of such unit or units or organization receiving the same,
and if not so used shall be paid or delivered to the Adjutant General
upon his demand and who shall in turn transmit the same to the State
Treasurer in augmentation of the appropriations for military
purposes. All of said units and organizations shall render an
accounting to the Adjutant General upon demand and at least once in
each calendar year.
Every officer and enlisted man or woman to whom public
property has been issued shall be personally responsible to the state
for that property. No one shall be relieved from this
responsibility, unless it is shown, to the satisfaction of the
Governor, that the loss or destruction of the property was
unavoidable and in no way the fault of the person responsible for the
loss. In all other cases the value of the property lost or
destroyed, in the amount determined by a surveying officer or a board
as herein provided, shall be charged against the person at fault or,
with the concurrence of the appropriate commanding officer, against
the command to or for which it had been issued, and if not relieved
from the charge by the Governor, there shall be an indebtedness from
that person or command to the state.
If the commanding officer of the organization charged does not
concur in the finding of the surveying officer, then the value of
lost or destroyed property and the person or command to be charged
therewith shall be determined by the board consisting of the
commanding officer of the organization in which such property is lost
and two disinterested officers not below the grade of major
appointed by The Adjutant General. A decision of a majority of the
board so constituted shall be final.
Where the amount determined by a board, as provided in Section
415, as the value of lost, damaged, or destroyed property is charged
to a person, it shall be deducted from any pay or allowance due or
to become due to him or her from the state. Money due to the state
for any reason, with or without the action of a board, from a member
of the active militia, a member of the unorganized militia when
called for active duty, or any civilian employee of the Office of the
Adjutant General shall be deducted or withheld from any money due or
to become due that member or civilian employee from the state,
including any pay and allowances payable pursuant to Article 1
(commencing with Section 320) of Chapter 5 of Part 1 of Division 2.
Where the amount is charged to a command, it shall be deducted
one-half in successive calendar years from any allowance or money due
or to become due to it from the state, except that on the
disbandment of a command any indebtedness then existing and any
indebtedness as may be charged to it upon a final settlement of
property accounts shall, as soon as determined, be paid out of its
military funds or unexpended appropriations.
An action may be maintained in the name of the people of the state
in any court of competent jurisdiction by the Attorney General, upon
request of the Adjutant General, to recover from a member of the
active militia, a member of the unorganized militia when called for
active duty, or any civilian employee of the Office of the Adjutant
General or his sureties any indebtedness to the state remaining
unpaid upon final determination of the indebtedness.
The transportation of arms, equipment, and military stores
issued to troops or received by the State and all other military
transportation shall be contracted for by the Adjutant General.
All property purchased out of the moneys allowed by the State
for the use and convenience of the militia is the property of the
State and shall be enumerated on the property returns next following
No member of the militia shall wear or use, except when on
military duty, or by special permission of his commanding officer,
any uniform or other article of military property belonging to the
State or to the organization of which he is a member.
No officer in charge of public property for military use shall
transfer any portion thereof, either as a loan or permanently,
without the authority of the Governor.
Any person who secretes, sells, disposes of, offers for sale,
purchases, retains after demand made by a commissioned officer of the
National Guard or of the unorganized militia when called into the
service of the state or Naval Militia, or in any manner pawns or
pledges any arms, uniforms, equipment, or military or naval property
of the state or of the United States, or of any organization of the
active militia or of the unorganized militia when called into the
service of the state is guilty of a felony if said arms, uniforms,
equipments, or military or naval property of the state or of the
United States is of a value of nine hundred fifty dollars ($950) or
more, otherwise such person is guilty of a misdemeanor.
Any person other than an officer, warrant officer, or enlisted
man or woman of the California National Guard, or of the unorganized
militia when called into the service of the state or of the State
Military Reserve or who may be appointed under Section 141 or who may
be authorized by Sections 502, 502.1, or 502.2 or who may be a
member of the Naval Militia of this state, or who may be a member of
the military forces of another state or of the United States Army,
United States Air Force, United States Navy, United States Marine
Corps, United States Coast Guard Service or United States or State
Forest Service, or personnel of the Department of Fish and Game, or
members of the Department of the California Highway Patrol, or an
inmate of any veterans' or soldiers' home, or other person authorized
by the laws of the United States or of this state, who at any time
wears the uniform of the United States Army, United States Air Force,
or United States Navy, or of the armed forces of the United States
or any organization thereof, or National Guard or Naval Militia, or
any part of that uniform, or a uniform or part of a uniform similar
thereto, is guilty of a misdemeanor and is punishable by a fine of
not less than one hundred dollars ($100) nor more than five hundred
dollars ($500), or by imprisonment in the county jail not exceeding
60 days, or by both.
Whenever the National Guard or Naval Militia, or any part
thereof, is in active service or is called into active service, no
civic organization or member thereof shall parade or appear in
uniform in the locality where the National Guard or Naval Militia is
Any person, who at any time wears the uniform of, or a uniform
similar to that of, a foreign military or semimilitary organization
without being a member thereof and being entitled to do so, is guilty
of a misdemeanor and is punishable by a fine of not less than one
hundred dollars ($100) nor more than five hundred dollars ($500), or
by imprisonment in the county jail not exceeding 60 days or by both
such fine and imprisonment.
The provisions of this section shall not apply to the wearing of
such uniforms by actors during the filming of any motion picture or
the presentation of any stage play.