Amended in Senate March 18, 2015

Senate Bill No. 193

Introduced by Committee on Veterans Affairs (Senators Nielsen (Chair), Allen, Hueso, Nguyen, and Roth)

February 10, 2015

An act to amend begin delete Section 64 end delete begin insert Sections 102 and 451 end insert of the Military and Veterans Code, relating to begin delete veterans. end delete begin insert the state militia. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 193, as amended, Committee on Veterans Affairs. Veterans.

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Existing law adopts the Uniform Code of Military Justice, and the Manual for Courts-Martial, as governing and applicable to the active state militia, including the California National Guard.

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This bill would delete outdated references to executive orders and statutes creating the Manual for Courts-Martial and the Uniform Code of Military Justice, and would update a reference to the National Defense Authorization Act.

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Existing law establishes a California Veterans Board, consisting of 7 members appointed by the Governor, subject to confirmation by the Senate. Among other things, existing law requires the board to advise the Department of Veterans Affairs and the Secretary of Veterans Affairs on policies for operations of the department.

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This bill would make technical, nonsubstantive changes to those provisions.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 102 of the end insert begin insert Military and Veterans Code end insert begin insert is
amended to read: end insert

102.  

The Uniform Code of Military Justice (Chapter 47
(commencing with Section 801) of Title 10 of the United States
Code) and the rules and regulations adopted thereunder, together
with the Manual for Courts-Martial, United States, begin delete 1984 (Executive
Order 12473 of April 13, 1984, as amended), end delete are hereby adopted
as a part of this code and shall govern and be applicable, except
as otherwise provided in this code or in regulations adopted by the
Adjutant General, to the active militia, including the California
National Guard.

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begin insert SEC. 2. end insert   

end insert

begin insert Section 451 of the end insert begin insert Military and Veterans Code end insert begin insert is
amended to read: end insert

451.  

begin insert (a) end insert begin insert   end insert The constitution and jurisdiction of general
courts-martial, special courts-martial, summary courts-martial,
and courts of inquiry, the form and manner in which the
proceedings are conducted and recorded, the forms of oaths and
affirmations taken in the administration of military law by such
courts, the limits of punishment, and the proceedings in the revision
thereof, shall be governed by the terms of the Articles of War, the
National Defense begin insert Authorization end insert Act, the laws and regulations
governing the Army of the United States and the United States Air
Force, and the law and procedure of similar courts of the United
States Army, and the United States Air Force, except as otherwise
provided in this chapter.

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From and after May 31, 1951, the

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begin insert (b) end insert begin insert   end insert begin insert The end insert provisions of the Uniform Code of Military begin delete Justice
(Public Law 506, Eighty-first Congress, Second Session, Chapter
169) end delete begin insert Justice, and end insert the rules and regulations published thereunder,
shall govern and be applicable except as otherwise provided in
this code to the active militia including the California National
Guard.

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SECTION 1.  

Section 64 of the Military and Veterans Code is
amended to read:

64.  

There is in state government a California Veterans Board.

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