Section 179 Of Article 3. The Adjutant General From California Military And Veterans Code >> Division 2. >> Part 1. >> Chapter 2. >> Article 3.
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 may 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 may enter into operating agreements with
nonprofit historical foundations, military museums, historical
societies, or other entities to conduct museum activities pursuant to
the rules and regulations promulgated hereunder.
(c) Volunteers, docents, members of the California State Military
Reserve, or others working with or for the California State Military
Museum and Resource Center, 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) No funds raised or assets acquired by an entity described in
subdivision (b) shall be used for purposes inconsistent with support
of the museum.
(e) The Military Department shall, no later than March 15 of each
year, submit a business plan for the following fiscal year to the
Director of Finance and the Chair of the Joint Legislative Budget
Committee for review and comment. The Military Department shall also
submit, not less than 30 days prior to adoption, any proposed formal
amendments to the business plan to the Director of Finance and the
Chair of the Joint Legislative Budget Committee for review and
comment.
(f) (1) The Adjutant General or an entity described in subdivision
(b) 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 Adjutant General or an entity
described in subdivision (b) 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.
(g) The Adjutant General or an entity described in subdivision (b)
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.
(h) The Adjutant General shall, in cooperation with an entity
described in subdivision (b), 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.
(i) (1) An entity described in subdivision (b) 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) An entity described in subdivision (b) 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.