BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 537|
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UNFINISHED BUSINESS
Bill No: SB 537
Author: Correa (D)
Amended: 7/13/11
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
SENATE FLOOR : 39-0, 6/2/11 (Consent)
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De Le�n, DeSaulnier, Dutton,
Emmerson, Evans, Fuller, Gaines, Hancock, Harman,
Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, Liu,
Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio,
Simitian, Steinberg, Strickland, Vargas, Walters, Wolk,
Wright, Wyland, Yee
NO VOTE RECORDED: Runner
ASSEMBLY FLOOR : 77-0, 8/30/11 - See last page for vote
SUBJECT : California Cadet Corps
SOURCE : California Military Department
DIGEST : This bill authorizes the Adjutant General of the
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California National Guard to enter into an agreement with a
school governing board, to establish a military academy
charter school. This bill also makes a series of updating
and technical revisions to the existing California Cadets
Corps program.
Assembly Amendments (1) authorize the instructors of a
military academy meeting specified requirements, including
having more than 80 students, to be commissioned in the
California Cadet Corps, and authorize the Adjutant General
to enter into a cooperative agreement with a governing
board of school district or a county office of education,
instead of the Superintendent of Public Instruction, or any
county, city, or school, to establish a military academy or
an alternative education option, (2) require the executive
officer, the assistant executive officer, the regional
advisors or military officers of the California National
Guard, State Military Reserve, or Naval Militia detailed by
the Adjutant General to inspect units of the California
Cadet Corps at least once every two years and annually for
any unit receiving a rating of unsatisfactory in a prior
year's inspection instead of require units of the
California Cadet Corps to be inspected at least once each
year by the executive officer, the assistant executive
officer, the regional supervisors of cadet instruction, or
any of them, or by officers of the National Guard, State
Military Reserve, or Naval Militia detailed by the Adjutant
General for that purpose, and (3) require units in their
first year of operation to receive an assistance visit to
ensure assigned personnel receive the training and support
needed to adequately prepare for their first formal,
for-record inspection.
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.
2. Establishes various duties for these officers and
entities.
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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.
4. Existing law requires units of the California Cadet
Corps to be inspected at least once each year by the
executive officer, the assistant executive officer, the
regional supervisors of cadet instruction, or any of
them, or by officers of the National Guard, State
Military Reserve, or Naval Militia detailed by the
Adjutant General for that purpose.
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. Includes warrant officers and non-commissioned officers
to all the sections that commissioned officers are
presently under, including:
A. Placing them under the same jurisdiction as
officers in relation to schools while not on state
active duty status.
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
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general not to be inconsistent with the rules and
regulations of the United States Army.
E. Subjecting them to duty at encampments and
exercises.
F. Receiving similar pay to active duty equivalent
rank.
4. Allows the Governor to appoint special project
officers, commissioned and non-commissioned, upon
recommendation of the Adjutant General.
5. Permits 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-commissioned, 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.
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12.Deletes the requirement that the Oakland Military
Institute be a non-residential program.
13.Authorizes the Adjutant General to enter into a
cooperative agreement with the governing board of a
school district or a county office of education for the
purpose of establishing, pursuant to existing statutory
authority in the Education Code, a military academy to
be operated as a charter school, pursuant to Part 26.8
(commencing with Section 47600) of Division 4 of Title 2
of the Education Code, or as one of the existing
alternative education options, available under the
Education Code. Additional youth programs beyond the
California Cadet Corps may only be established if budget
appropriations are made therefor.
14.Requires the executive officer, the assistant executive
officer, the regional advisors or military officers of
the California National Guard, State Military Reserve,
or Naval Militia detailed by the Adjutant General to
inspect units of the California Cadet Corps at least
once every two years and annually for any unit receiving
a rating of unsatisfactory in a prior year's inspection.
This bill also requires units in their first year of
operation to receive an assistance visit to ensure
assigned personnel receive the training and support
needed to adequately prepare for their first formal,
for-record inspection.
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
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
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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
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
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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."
ASSEMBLY FLOOR : 77-0, 8/30/11
AYES: Achadjian, Alejo, Allen, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, Perea, V. Manuel P�rez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Ammiano, Gorell, Wieckowski
RM:mw 8/30/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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