BlackletterCalifornia law

CHAPTER 2. General Organization [120. - 190.]

Chapter 2 enacted by Stats. 1935, Ch. 389.

§§ 120–190 · 52 sections

  1. ARTICLE 1. Composition §§ 120–130 · 11 sections
    • § 120 The militia of the State shall consist of the National Guard, State Guard and the Naval Militia—which constitute the active militia—and the unorganized militia.
    • § 121 The unorganized militia consists of all persons liable to service in the militia, but not members of the National Guard, the State Guard, or the Naval Militia.
    • § 122 The militia of the State consists of all able-bodied male citizens and all other able-bodied males who have declared their intention to become citizens of the…
    • § 123 Whenever the Governor deems it necessary, they may order an enrollment to be made by officers designated by the Governor, of all persons liable to service in…
    • § 124 Enrollment shall be made upon such notice and in such manner as the Governor may direct. Every person required by such notice to enroll who fails or refuses so…
    • § 125 The following persons shall be exempt from military service: (a) Persons exempt from military service by the laws of the United States. (b) Regular or duly…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
  2. ARTICLE 2. Commander in Chief §§ 140–148 · 10 sections
    • § 140 The Governor of the State, by virtue of his office, is the Commander in Chief of the Militia of the State.
    • § 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…
    • § 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.
    • § 142 (a) The Governor may order the active militia or any portion of it to perform military duty of every description, including necessary administrative duties,…
    • § 143 Whenever the Governor is satisfied that rebellion, insurrection, tumult, or riot exists in any part of the state, that the execution of civil or criminal…
    • § 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 the Governor directs.
    • § 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…
    • § 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…
    • § 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…
    • § 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…
  3. ARTICLE 3. The Adjutant General §§ 160–190 · 31 sections
    • § 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 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 166 In the event of the absence of the Adjutant General or of their inability to perform their duties, the Deputy Adjutant General or other officer designated by…
    • § 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…
    • § 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 their successor. All…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 177 The Adjutant General shall attend to the care, preservation, transportation, safekeeping, and repair of all military property belonging to the State or issued…
    • § 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…
    • § 179 (a) The Adjutant General shall establish a California State Military Museum and Resource Center as a repository for military artifacts, memorabilia, equipment,…
    • § 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…
    • § 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…
    • § 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 persons, subsistence of militia,…
    • § 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…
    • § 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…
    • § 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…
    • § 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,…
    • § 189 (a) 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…
    • § 190 Federal funds shall be deemed to be available for federal-state joint construction of armories approved for such joint construction, when the federal…