BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 537
                                                                  Page  1

          Date of Hearing:   June 28, 2011

                       ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
                                 Paul J. Cook, Chair
                     SB 537 (Correa) - As Amended:  June 23, 2011
           
          SUBJECT  :   California Cadet Corps

           SUMMARY  :   This bill allows expansion of the existing California 
          Cadet Corps program.  Specifically,  this bill  :  

             1.   Allows warrant officers and non-commissioned officers to 
               be appointed by the Adjutant General as commandants, or 
               assistant commandants of students.

             2.   Includes warrant officers and non-commissioned officers 
               in all the sections that currently apply to commissioned 
               officers, i.e.: 
                  a)        Placing them under the same jurisdiction as 
                    commissioned officers in relation to schools;
                  b)        Subjecting them to rules, regulations, grade, 
                    and rank determined by the Adjutant General; 
                  c)        Allowing those with prior service and 
                    honorable discharge to be appointed
                  d)        Requiring a uniform as prescribed by the 
                    Adjutant General not to be inconsistent with the rules 
                    and regulations of the United States Army;
                  e)        Subjecting them to duty at encampments and 
                    exercises; and
                  f)        Receiving similar pay to active duty 
                    equivalent ranks.

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

             4.   Permits the Adjutant General to adopt the rules and 
               regulations for promotion of these positions.

             5.   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.

             6.   Allows the Adjutant General to order these officers, 








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               commissioned and non-commissioned to temporary state active 
               duty.

             7.   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.

             8.   Allows rifles to be purchased for marksmanship training.

             9.   Allows the Cadet Corps to utilize California National 
               Guard facilities for training purposes whenever practical.

             10.  Alters the unit inspection period from annual to every 
               two years or every year for those units which receive an 
               unsatisfactory inspection.

             11.  Deletes the requirement that the Oakland Military 
               Institute be a non-residential program.

             12.  Authorizes the Adjutant General to enter into a 
               cooperative agreement with the Superintendent of Public 
               Instruction, any county, city, or school governing board 
               for the purpose of establishing a military academy.  
               Additional programs beyond the California Cadet Corps may 
               only be established if budget appropriations are made 
               therefor.

           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. Existing law establishes various duties for these 
          officers and entities. Existing law generally 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, and 
          authorizes the Adjutant General to appoint officers in the 
          California Cadet Corps for duty in each school under the 
          jurisdiction of the governing board.

          2.   Authorizes members of the California Cadet Corps to use 
          California National Guard rifle ranges.









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          3.   Authorizes any executive officer, assistant executive 
          officer, supervisor of cadet instruction, or officer hurt in the 
          line of duty to receive workers' compensation, as provided. 
          Existing law creates a presumption that the average yearly 
          earning of such individual is not less than $2,500.

          4.   Authorizes the instructors of a military academy meeting 
          specified requirements, including having 80 or more male 
          students, to be commissioned in the California Cadet Corps, and 
          authorizes the Adjutant General to enter into a cooperative 
          agreement with the City of Oakland and a school district to 
          establish an Oakland Military Institute.

          5.   Requires that Cadet Corps units be inspected by the Guard 
          annually.

          6.   Permits the Adjutant General to establish the Oakland 
          Military Institute. 

          7.   Requires the Oakland Military Institute be a non-resident 
          program.

           FISCAL EFFECT  :   The Department of Military indicates minor 
          additional costs associated with assisting and overseeing any 
          additional California Cadet Corps programs.  However, to the 
          extent that new military academies are established as the bill 
          authorizes, even though the academies would be funded by the 
          school district or city which opts to establish them, the 
          Military Department would likely incur additional costs for 
          oversight.  The Adjutant General's Office currently receives 
          about $1 million annually from the General Fund for support of 
          military officers who work at the Oakland Military Institute; 
          therefore, the addition of any new military academies could 
          result in cost pressure for additional funding from the state.  
          Recent amendments provide that a new program may only be 
          established if funds are appropriated in the annual Budget Act 
          or other act.

           COMMENTS  :   The California Cadet Corps, founded in 1911, is a 
          school-based program conducted with a military framework and 
          provides growth and leadership opportunities for California 
          students.  The program is offered through schools and can be 
          taken for credit.  As part of their training, cadets provide 
          assistance and support to their school and their communities.  
          There are currently about 6,500 cadets.  The Military Department 








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          provides administrative oversight and logistical support to 
          ensure the cadets receive uniforms, supplies, equipment, and 
          training materials.  

          The Cadet Corps is fully integrated as part of the existing 
          school curriculum providing specialized academic performance, 
          and military style training addressing problematic behavior, 
          substandard academic performance, and other at risk factors.  
          The program stresses six objectives: support and enhance 
          academic achievement, provide opportunities for leadership, 
          foster good citizenship, enhance patriotism, provide basic 
          military knowledge, and promote health, fitness, and wellness. 

          According to the State of California Military Department:

             1.   86% of California Cadet Corps graduates pursue higher 
               education.  About 3% join the U.S. Armed Forces.
             2.   California Cadet Corps cadets attend school at a rate 
               3.8% higher than their non-cadet counterparts.
             3.   Cadets experience serious disciplinary infractions 
               significantly less often than their non-cadet counterparts.
             4.   Cadets earn an average of 0.54 grade points higher than 
               their non-cadet counterparts.
             5.   Cadets score significantly higher on a nationally-normed 
               assessment of leadership skills than students in grades 
               4-12 not enrolled in the Cadet program.
             6.   Cadets outperform by eight percentile points their 
               non-cadet counterparts on the Fitnessgram, the assessment 
               of Fitness and Wellness administered by California schools.
             7.   Cadets report significant gains in patriotic spirit, 
               leadership development, and preparation for college and 
               careers.

          Section 23 of the bill changes the present inspection 
          requirement for California Cadet Corps units from annual to 
          every two years.  Units receiving a superior or satisfactory 
          inspection rating will not be inspected the following year.  
          Units receiving an unsatisfactory rating will be re-inspected 
          the following year.  New units will receive an assistance visit. 
           

          The Guard raises the issue that the inspections are expensive 
          and take money away from core program activities.  Nevertheless, 
          while costs are a valid concern, proper oversight of the program 
          locations is critical, especially when there are marksmanship 








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          weapons and ammunition maintained at approximately 36 program 
          locations statewide.  It is vital that proper accountability be 
          maintained.  The proposed language attempts to strike a balance 
          between the costs of annual inspections and the necessity for 
          proper oversight.

          The bill authorizes additional military academies similar to the 
          Oakland Military institute.  The stated goal of these would be, 
          "?�to] provide a structured, disciplined environment that would 
          be conducive to learning in a college preparatory environment. 
          In additional to academic skills, students would develop 
          leadership, self-esteem, and a strong sense of community."  Any 
          new California National Guard Youth Program, except for the 
          California Cadet Corps, may only be established if funds are 
          appropriated for purposes of the new program in the annual 
          Budget Act or any other act.

           REGISTERED SUPPORT / OPPOSITION  :   

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

          Opposition 
           
          None on file.
           
          Analysis Prepared by  :    John Spangler / V. A. / (916) 319-3550