BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 537|
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                                 THIRD READING


          Bill No:  SB 537
          Author:   Correa (D)
          Amended:  5/19/11
          Vote:     21

           
           SENATE VETERANS AFFAIRS COMMITTEE  :  8-0, 4/12/11
          AYES:  Correa, Cannella, Berryhill, Calderon, Negrete 
            McLeod, Rubio, Runner, Lieu

           SENATE APPROPRIATIONS COMMITTEE  :  9-0, 5/26/11
          AYES:  Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley, 
            Price, Runner, Steinberg


           SUBJECT  :    California Cadet Corps

           SOURCE  :       California Military Department 


           DIGEST  :    This bill makes various changes to the 
          California Cadet Corps program, as specified in the 
          analysis below.  

           ANALYSIS  :    

           Existing law 

           1.Establishes in state government the Military Department, 
            which includes, among others, the Office of the Adjutant 
            General, the California National Guard, and the 
            California Cadet Corps. 

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          2.Establishes various duties for these officers and 
            entities. 

          3.Authorizes the organization of a cadet company at each 
            college, community college, high school, and each senior 
            high school in this state having 100 or more students of 
            14 years of age or over under such rules and regulations 
            as the governing body of the schools and the Adjutant 
            General may prescribe, and authorizes the Adjutant 
            General to appoint officers in the California Cadet Corps 
            for duty in each community college, high school, junior 
            high school, or elementary school under the jurisdiction 
            of the governing board.

           This bill
           
          1. This bill eliminates conflicting code sections 
             concerning the Cadet Corps program. 

          2. Allows warrant officers and non-commissioned officers to 
             be appointed by the adjutant general as commandants, or 
             assistant commandants, of students.

          3. Adds warrant officers and non-commissioned officers to 
             all the sections that commissioned officers are 
             presently under, including:


             A.    Putting them under the same jurisdiction as 
                officers in relation to schools while not on state 
                active duty status.

             B.    Subject to rules, regulations, grade, and rank 
                determined by the Adjutant General.

             C.    Allows those with prior service and honorable 
                discharge to be appointed.

             D.    Requires a uniform as prescribed by the adjutant 
                general not to be inconsistent with the rules and 
                regulations of the United States Army.

             E.    Ordering to encampments and exercises.








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             F.    Receive similar pay to active duty equivalent 
                rank.

          4.   Allows the Governor to appoint special project 
             officers-commissioned       and non-upon recommendation 
             of the Adjutant General.

          5. Creates permission for the adjutant general to adopt the 
             rules and regulations for promotion of these positions.

          6. Allows warrant officers and non-commissioned officers to 
             be appointed by the commandant of cadets with the 
             approval of the president, director, chief 
             administrative officer, or principal of the institution 
             in question.

          7.  Allows the Adjutant General to order these 
             officers-commissioned and 
               non-to temporary state active duty.

          8. Allows presidents, directors, chief administrative 
             officers, or principals of the institution in question 
             to remove a student from the Cadet Corps for any reason 
             deemed to be good cause.

          9. Allows rifles to be purchased for marksmanship training.

          10.Allows the cadet corps to utilize California National 
             Guard facilities for training purposes whenever 
             practical.

          11.Creates a presumption that any executive office, 
             assistant executive officer, advisory, officer, warrant 
             office, or noncommissioned officer hurt in the line of 
             duty is receiving a yearly earning of at least $10,000 
             for purposes of receiving workers' compensation 
             benefits.

           Comments 
           
          According to the author's office, the purpose of the 
          California Cadet Corps (founded in 1911) is a school-based, 
          applied leadership program conducted within a military 
          framework and is designed to provide maximum growth and 







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          leadership opportunities?and stresses six objectives:

                 Support and enhance academic achievement
                 Provide opportunities for leadership
                 Foster good citizenship
                 Enhance patriotism
                 Provide basic military knowledge
                 Promote health, fitness, and wellness

          Much of the leadership of this program is done by 
          volunteers as, according to the author's office, 
          "California provides minimal state funding". 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

             Major Provisions                2011-12     2012-13    
             2013-14               Fund  

            Cadet corps program           ------------------minor 
            ----------------              General
            Military academy              unknown, upon 
            appropriation in a            General
                                a future Budget Act
           
           SUPPORT  :   (5/26/11)

          California Military Department - Office of the Adjutant 
          General (source)
          American Legion- Department CA
          AMVETS- Department CA
          California State Commanders Veterans Council

           ARGUMENTS IN SUPPORT  :    The California Military Department 
          - Office of the Adjutant General writes, "Senate Bill 537 
          will revise portions of the Military and Veterans Code, 
          specifically sections that address the California Cadet 
          Corps and youth programs administered by the Department.  
          Current law does not provide for the appointment of adult 
          warrant officers and non-commissioned officers (NCOs) to 







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          the California Cadet Corps; currently only adult 
          commissioned officers may be appointed.  This bill will 
          ensure necessary and enhancing revisions are made in order 
          to bring antiquated sections of the Military and Veterans 
          Code up to date.  

          The American Legion-Department of California, the 
          AMVETS-Department of California and the California State 
          Commanders Veterans Council write:  "SB 537 makes needed 
          changes allowing the appointment of adult warrant officers 
          and non-commissioned officers (NCOs) into the California 
          Cadet Corps.  Currently, only an adult commissioned officer 
          may be appointed.  We believe a strong adult NCO Corps and 
          Warrant Officer Corps, in addition to the Commissioned 
          Officers, are needed to ensure the cadets receive the 
          appropriate instruction and mentoring."

          RM:rm  5/27/11   Senate Floor Analyses 
                         SUPPORT/OPPOSITION:  SEE ABOVE
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