Military and Veterans Code

§ 1 This act shall be known as the Military and Veterans Code. (Enacted by Stats. 1935, Ch. 389.) § 2 The provisions of this code in so far as they are substantially the same as existing statutes relating to the same subject matter shall be construed as restatements and continuations thereof, and not as new enactments. (Enacted by Stats. 1935, Ch. 389.) § 3 All persons who, at the time this code goes into effect, hold office under any of the acts repealed by this code, which offices are continued by this code, shall continue to hold the same according to the former tenure thereof. (Enacted by Stats. 1935, Ch. 389.) § 4 No action or proceeding commenced before this code takes effect, and no right accrued, is affected by the provisions of this code, but all procedure thereafter taken therein shall conform to the provisions of this code so far as possible. (Enacted by Stats. 1935, Ch. 389.) § 5 Unless the context otherwise requires, the general provisions hereinafter set forth shall govern the construction of this code. (Enacted by Stats. 1935, Ch. 389.) § 6 Division, part, chapter, and article headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any portion of this code. (Enacted by Stats. 1935, Ch. 389.) § 7 Whenever, by the provisions of this code, a power is granted to a public officer or a duty imposed upon such an officer, the power may be exercised or duty performed by a deputy of the officer or by a person authorized pursuant to law by the officer, unless it is expressly otherwise provided. (Enacted by Stats. 1935, Ch. 389.) § 8 Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required by this code, it shall be made in writing in the English language unless it is otherwise expressly provided. (Enacted by Stats. 1935, Ch. 389.) § 9 Whenever any reference is made to any section of this code or to any law of this State or the United States or to the Articles of War or the rules and regulations of the United States Army or Navy departments, such reference shall apply to all amendments and additions thereto now or hereafter made. (Enacted by Stats. 1935, Ch. 389.) § 10 “Section” means section of this code unless some other statute is specifically mentioned. (Enacted by Stats. 1935, Ch. 389.) § 11 The present tense includes the past and future tenses; and the future, the present. (Enacted by Stats. 1935, Ch. 389.) § 12 The singular number includes the plural, and the plural the singular. (Enacted by Stats. 1935, Ch. 389.) § 13 “County” includes city and county. (Enacted by Stats. 1935, Ch. 389.) § 14 “Shall” is mandatory and “may” is permissive. (Enacted by Stats. 1935, Ch. 389.) § 15 “Oath” includes affirmation. (Enacted by Stats. 1935, Ch. 389.) § 16 An oath authorized or required by Division 2 of this code or the regulations issued thereunder or the statutes or regulations governing the United States Army or United States Navy or United States Air Force or the National Guard or the Air National Guard or active militia may be taken before the following persons who are authorized to administer the same within and without the State, namely: all officers and persons authorized to administer oaths by the 136th Article of the Uniform Code of Military Justice adopted by Section 102 as part of this code, the Adjutant General, the Assistant Adjutant General, the administrative officer in the Office of the Adjutant General, officers of the National Guard when such oath is authorized or required in a matter pertaining to the National Guard, and officers of the Naval Militia when such oath is authorized or required in a matter pertaining to the Naval Militia, except officers of both land and naval forces on the reserve and retired list while unassigned to duty, or by any other officer authorized to administer oaths under the laws of this State. No charge shall be made for the same. In other cases where an oath is required by this code, the same may be administered by persons authorized to do so by law. (Amended by Stats. 1953, Ch. 193.) § 17 “Signature” or “subscription” includes mark when the signer or subscriber cannot write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark may be acknowledged or may serve as a signature or subscription to a sworn statement only when two witnesses so sign the same. (Enacted by Stats. 1935, Ch. 389.) § 18 Whenever used in this code, in specifying or defining the rights of employees of the State, or of any county, city and county, city, public district of any type or class, or other public or municipal corporation who are absent from their duties as such employees while in the active military service of the United States of America or of the State of California, or while assigned to duty with the military forces of the United States of America or of the State of California in the full time paid service of the American Red Cross, the word “war” shall mean: (a) whenever Congress has declared war and peace has not been formally restored; (b) whenever the United States is engaged in active military operations against any foreign power, whether or not war has been formally declared; or (c) whenever the United States is assisting the United Nations, in actions involving the use of armed force, to restore international peace and security. (Added by Stats. 1950, 3rd Ex. Sess., Ch. 36.) § 19 “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code. (Added by Stats. 2016, Ch. 50, Sec. 64. (SB 1005) Effective January 1, 2017.) § 50 Division 1, Chapter 1 There shall be in the State Government the Military Department. (Amended by Stats. 1953, Ch. 633.) § 51 Division 1, Chapter 1 The Military Department includes the office of the Adjutant General, the California National Guard, the State Guard, the California Cadet Corps, and the Naval Militia. (Amended by Stats. 2020, Ch. 97, Sec. 10. (AB 2193) Effective January 1, 2021.) § 52 Division 1, Chapter 1 The Adjutant General succeeds to, and is vested with, the duties, power, purposes, responsibilities, and jurisdiction of the Division of Military Affairs and of the officers and employees of that division. The Adjutant General shall, in addition to all other duties, be the head of the Military Department and shall be responsible for its affairs, functions, duties, funds, and property. (Amended by Stats. 1983, Ch. 517, Sec. 2.) § 52.5 Division 1, Chapter 1 The Adjutant General may enter into agreements to provide for joint and several liability and indemnity to private agencies and persons for injuries to third parties arising out of a negligent act or omission by a member of the California National Guard while involved in on-the-job training. (Amended by Stats. 1983, Ch. 517, Sec. 3.) § 53 Division 1, Chapter 1 The creation of the Military Department shall in no manner affect the status, position, pay, classification, rights, duties, obligations, responsibilities, or tenure, as the same exist on the effective date of this act, of any person, employee, appointee, officer, enlisted person, warrant officer or commissioned officer employed, enlisted or appointed by or on duty with or in the service of the Office of the Adjutant General or the Adjutant General or the National Guard or the State Guard or the California Cadet Corps or the Naval Militia. (Amended by Stats. 2020, Ch. 97, Sec. 11. (AB 2193) Effective January 1, 2021.) § 53.5 Division 1, Chapter 1 (a) The Military Department may require service members, employees, volunteers, contractors, and subcontractors to undergo a fingerprint-based state and national criminal history background check. (b) The Military Department shall submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (a) who are subject to a state and national criminal history background check, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code. (c) As used in this section, “service member” means a member of the active militia as defined in Section 120 of the Military and Veterans Code. (Added by Stats. 2025, Ch. 113, Sec. 31. (SB 160) Effective September 17, 2025.) § 54 Division 1, Chapter 1 All unexpended balances appropriated for the use of the office of the Adjutant General, the Adjutant General, the National Guard, the State Guard or the Naval Militia and not required by the office of the Adjutant General, the Adjutant General, the National Guard, the State Guard or the Naval Militia may be expended by the Adjutant General for the use and benefit of the Military Department. Except as herein provided, all money and funds available to or appropriated for the use and benefit of the office of the Adjutant General, the Adjutant General, the National Guard, the State Guard, the California Cadet Corps or the Naval Militia, upon the effective date of this act, shall not be affected by the creation of the Military Department. (Amended by Stats. 2020, Ch. 97, Sec. 12. (AB 2193) Effective January 1, 2021.) § 55 Division 1, Chapter 1 (a) A person serving in the position of inspector general shall satisfy all of the following requirements: (1) Be appointed by the Governor, with consideration of the recommendation of the Adjutant General and notification to the Senate Committee on Rules, and shall serve a four-year term from the effective date of appointment. The inspector general shall not be removed from office during that term, except for good cause. An inspector general shall not serve more than two consecutive terms. (2) Meet the same qualifications established in this code for the Assistant Adjutant General. (3) Be an advisor to the Governor and responsive to the Adjutant General and serve on state active duty at the grade of O-6 or higher. (b) (1) The inspector general may not serve as the Adjutant General or the Assistant Adjutant General for four years from the date of leaving the position of inspector general. (2) A commissioned officer on state active duty appointed to the position of inspector general who, immediately prior to that duty, held a permanent state active duty position shall remain on state active duty upon vacating the inspector general position. (3) The inspector general, as soon as able after their appointment, shall attend the Department of Defense Inspector General School. (c) The department shall, from the amount annually appropriated to it for purposes of this office, continue to fund the position of inspector general. (d) The inspector general shall have access to all employees and documents of the department. (e) The inspector general may receive communications from any person, including, but not limited to, any member of the department. (f) The inspector general shall, at a minimum, continue to perform the functions of inspections, assistance, investigations, and teaching and training. The functions of the inspector general shall be performed in accordance with applicable service laws, rules, and regulations governing federal inspectors general. (g) The inspector general shall continue to maintain a toll-free public telephone number and an internet website to receive complaints and allegations, including, but not limited to, those described in subdivision (h) or the California Military Whistleblower Protection Act. The inspector general shall continue to post the telephone number and internet website in clear view at every California National Guard armory, flight facility, airfield, or installation. (h) (1) At the discretion of the inspector general or the Adjutant General, or upon a written request by the Governor, a Member of the Legislature, any member of the department, or any member of the public, the inspector general shall, in compliance with Army Regulation 20-1 or any subsequent regulation governing activities and procedures of the inspector general, expeditiously investigate any complaint or allegation regarding the following: (A) A violation of law, including, but not limited to, regulations, the Uniform Code of Military Justice, and any law prohibiting sexual harassment or unlawful discrimination. (B) Gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specified danger to the public health or safety. (2) (A) For all written requests submitted by a Member of the Legislature, the inspector general shall respond in writing with the inspector general’s findings. The response shall contain only that information that may be lawfully disclosed, and, if a complaint or allegation is at issue, the response shall contain, at a minimum, information regarding whether the complaint or allegation was unfounded or sustained. (B) If the inspector general conducts an investigation at the request of a Member of the Legislature, the inspector general shall submit to that member a report of the inspector general’s findings of that investigation. The report shall contain only information that may be lawfully disclosed, and shall contain, at a minimum, information regarding whether the complaint or allegations were unfounded or sustained. (3) The inspector general shall notify a person who submitted a request for investigation pursuant to paragraph (1) of the results of the investigation, with respect to those issues and allegations directly pertaining to, or made by, the person. (4) (A) A request described in paragraph (1) is not a public record and is not subject to disclosure under the California Public Records Act set forth in Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. (B) The inspector general shall not disclose to any person or entity the identity of a person making a written request or an allegation or complaint described in paragraph (1), unless the person making the request, allegation, or complaint has consented to the disclosure in writing. (5) (A) When deemed appropriate by the inspector general, the inspector general may refer to the Chief of the National Guard Bureau any complaints or allegations described in paragraph (1), any violations of the Uniform Code of Military Justice, or any violations of any other state or federal law. (B) When deemed appropriate by the inspector general, the inspector general may refer to the State Auditor any complaints or allegations described in subparagraph (B) of paragraph (1) or any violation of state or federal law. (i) If the inspector general receives, or becomes aware of, an allegation, complaint, or misconduct regarding the Adjutant General or the Assistant Adjutant General, the inspector general shall immediately refer the matter to the Chief of the National Guard Bureau and the Governor for review. The inspector general, by order of the Governor, shall conduct an investigation regarding the allegations concerning the Adjutant General or the Assistant Adjutant General concurrently with any federal investigation where appropriate. The inspector general shall report the findings to the Governor under this subdivision. (j) If the inspector general receives, or becomes aware of, an allegation, complaint, or instance of misconduct regarding an inspector general, the inspector general shall immediately refer the allegation, by rapid and confidential means, to the Governor and the next higher echelon inspector general for appropriate action within 10 working days after receipt. (k) Any allegation presented to the inspector general against a person recognized by the federal government as grade E-8 or E-9, or against any officer recognized by the federal government as a rank of major through colonel, that resulted in the initiation of an inspector general investigation or investigative inquiry or a command-directed action, such as an investigation pursuant to Army Regulation 15-6, commander’s inquiry, or referral to the United States Army Criminal Investigation Command, shall be reported to the inspector general of the Department of the Army or the inspector general of the Department of the Air Force, as appropriate, and the Adjutant General within 10 working days after receipt. (l) Any allegation presented to the inspector general against a person not recognized by the federal government as grade E-8 or E-9, or against any officer not recognized by the federal government as a rank of major through colonel, that resulted in the initiation of an inspector general investigation or investigative inquiry or a command-directed action, such as an investigation pursuant to Army Regulation 15-6, commander’s inquiry, or referral to the United States Army Criminal Investigation Command, shall be reported to the Governor and the Adjutant General within 10 working days after receipt. (m) Any allegation presented to the inspector general against general officers or brigadier general selectees shall be reported, by rapid and confidential means, to the Governor and the Adjutant General within 10 working days after receipt. (n) (1) (A) The inspector general shall, on or before July 1, 2013, and on or before July 1 each year thereafter, submit a report to the Governor, the Legislature, the Senate Committee on Military and Veterans Affairs, and the Assembly Committee on Military and Veterans Affairs. The report shall include, but not be limited to, a description of significant problems discovered by the office and a summary of investigations conducted by the office during the previous year. Upon submitting the report to the Governor, the Legislature, the Senate Committee on Military and Veterans Affairs, and the Assembly Committee on Military and Veterans Affairs the report shall be made available to the public and posted on the office’s internet website. (B) A report to be submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code. (2) Upon the completion of an investigation conducted by the inspector general pursuant to paragraph (1) of subdivision (h) or Section 56, the inspector general shall also prepare and issue on a quarterly basis a public report that includes all investigations completed in the previous quarter. The inspector general shall submit a copy of the quarterly report to the Legislature, the Senate Committee on Military and Veterans Affairs, and the Assembly Committee on Military and Veterans Affairs. The inspector general shall have the discretion to redact or otherwise protect the names of individuals, specific locations, or other facts that, if not redacted, might hinder prosecution under state or federal law or the Uniform Code of Military Justice related to the investigation, or where disclosure of the information is otherwise prohibited by law, and to decline to produce any of the underlying materials. In a case where allegations were deemed to be unfounded, all applicable identifying information shall be redacted. Each quarterly report shall be made available to the public and posted on the office’s internet website. (o) For purposes of this section, all of the following apply: (1) “Department” means the Military Department. (2) “Inspector general” means the California Military Department Inspector General. (3) “Member of the department” means the Adjutant General, any person under the command of the Adjutant General, any person employed by the department, including, but not limited to, any servicemember or employee of the office of the Adjutant General, the California National Guard, the State Guard, the California Cadet Corps, or the Naval Militia, any person on state active duty, any person with a state commission, or any civil service or part-time employee of the department. (4) “Office” means the Office of the California Military Department Inspector General. (Amended by Stats. 2021, Ch. 615, Sec. 328. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) § 56 Division 1, Chapter 1 (a) This section shall be known, and may be cited, as the “California Military Whistleblower Protection Act.” (b) Notwithstanding any other law, a person shall not do any of the following: (1) (A) Restrict a member of the department from communicating with a Member of Congress, the Governor, a Member of the Legislature, or any state or federal inspector general. (B) Subparagraph (A) shall not apply to a communication that is unlawful. (2) Take, or threaten to take, an unfavorable personnel action, or withhold, or threaten to withhold, a favorable personnel action, as a reprisal against a member of the department for making a communication to any person, including, but not limited to, any of the following: (A) A Member of Congress. (B) The Governor. (C) A Member of the Legislature. (D) The inspector general. (E) The State Auditor. (F) A federal inspector general or any other inspector general appointed under the Inspector General Act of 1978. (G) Any member of a Department of Defense audit, inspection, investigation, or law enforcement organization. (H) Any local, state, or federal law enforcement agency. (I) Any person or organization in the chain of command of the department. (J) Any other person or organization designated pursuant to regulation or any other established administrative procedures for communications of this type. (c) Notwithstanding any other law, if a member of the department submits to an inspector general an allegation that a personnel action prohibited by paragraph (2) of subdivision (b) has been taken or has been threatened to be taken against the member of the department, the inspector general shall take action as provided by subdivision (d). (d) An inspector general receiving an allegation pursuant to subdivision (c) shall do all of the following: (1) Expeditiously determine whether there is sufficient evidence, in accordance with federal regulations governing federal inspectors general, to warrant an investigation of the allegation. (2) Conduct a separate investigation of the information that the member making the allegation believes constitutes evidence of wrongdoing under both of the following circumstances: (A) There has not been a previous investigation. (B) There has been a previous investigation but the inspector general determines that the previous investigation was biased or otherwise inadequate. (3) Upon determining that an investigation of an allegation is warranted, expeditiously investigate the allegation. (e) The inspector general shall refer all allegations regarding personnel actions prohibited by paragraph (2) of subdivision (b) to the Chief of the National Guard Bureau and the Governor. (f) (1) After completion of an investigation the inspector general shall submit a report on the results of the investigation to the Adjutant General and a copy of the report on the results of the investigation to the member of the department who made the allegation. The report shall be transmitted to the Adjutant General, and the copy of the report shall be transmitted to the member, not later than 30 days after the completion of the investigation. (2) The report on the results of the investigation transmitted to the Adjutant General shall contain a thorough review of the facts and circumstances relevant to the allegation and the complaint or disclosure and shall include documents acquired during the course of the investigation, including summaries of interviews conducted. The report may include a recommendation as to the disposition of the complaint. (3) Except for that information that is not required to be disclosed under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), in the copy of the report transmitted to the member of the department the inspector general shall ensure the maximum disclosure of information that may be lawfully disclosed. The copy of the report need not, however, include summaries of interviews conducted, or any document acquired, during the course of the investigation. These items shall be transmitted to the member of the department, if the member requests the items, with the copy of the report or after the transmittal to the member of the copy of the report, regardless of whether the request for those items is made before or after the copy of the report is transmitted to the member. (4) The inspector general shall provide an interim response to allegations when the final response will be significantly delayed due to operational demands, complexity of the case, or the receipt of additional information. The inspector general shall provide interim responses every 60 days until the matter is resolved and the case closed. (5) If, in the course of an investigation of an allegation under this section, the inspector general determines that it is not possible to submit the report required by this subdivision within 60 days after the date of receipt of the allegation being investigated, the inspector general shall provide to the Adjutant General and to the member making the allegation a notice of all of the following: (A) The reasons why the report may not be submitted within that time. (B) When the report will be submitted. (g) Nothing in this article is intended to supersede the rights, benefits, processes, and procedures already afforded to members of the department under existing law. (h) For purposes of this section, all of the following shall apply: (1) A “communication” means any communication or report in which a member of the department complains of, or discloses information that the member of the department reasonably believes constitutes evidence of, any of the following: (A) A violation of law, including, but not limited to, regulations, the Uniform Code of Military Justice, and any law prohibiting sexual harassment or unlawful discrimination. (B) Gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specified danger to the public health or safety. (2) “Department” means the Military Department. (3) “Inspector general” means the California Military Department Inspector General. (4) “Member of the department” has the same meaning as defined in Section 55. (5) “Office” means the Office of the California Military Department Inspector General. (Amended by Stats. 2021, Ch. 615, Sec. 329. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) § 56.1 Division 1, Chapter 1 (a) A member of the department who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against any other member or former member of the department, or employee of any department, board, or authority, for having disclosed what the member or former member of the department or employee in good faith believed to be improper activities in the Military Department shall be disciplined by the Governor or the Adjutant General, or by adverse action as provided in Article 1 (commencing with Section 19570) of Chapter 7 of Part 2 of Division 5 of Title 2 of the Government Code, if applicable. If no adverse action is taken by the appointing power for a civil service or other state employee, the State Personnel Board shall begin procedures as if charges were filed pursuant to Section 19583.5 of the Government Code. (b) Persons subject to the Uniform Code of Military Justice (UCMJ) who violate Section 56 shall additionally be subject to punishment pursuant to Article 92 of the UCMJ, and subject to adverse administrative action as authorized by state law or federal law. (c) Any member of the department who violates the prohibitions defined in Section 56 shall be subject to disciplinary action or criminal prosecution as authorized by state or federal law. (d) For the purposes of this section, all of the following definitions apply: (1) “Department” means the Military Department. (2) “Employee” has the same meaning as defined in Section 8547.2 of the Government Code. (3) “Improper activities” means the same thing as “improper governmental activity” under Section 8547.2 of the Government Code. (4) “Member of the department” has the same meaning as defined in Section 55. (Added by Stats. 2019, Ch. 704, Sec. 3. (SB 481) Effective January 1, 2020.) § 57 Division 1, Chapter 1 The Military Department shall provide, at a minimum, one training per year to the department’s civil service employees regarding the role and responsibility of the California Military Department Inspector General and their rights under the California Military Whistleblower Protection Act, the federal Military Whistleblower Protection Act, and any other relevant state or federal law. (Added by Stats. 2012, Ch. 731, Sec. 4. (SB 921) Effective September 28, 2012.) § 58 Division 1, Chapter 1 (a) Notwithstanding Sections 9795 and 10231.5 of the Government Code, on or before July 1 of each year, the department shall report the following information to the Governor, the Legislature, the Senate Committee on Veterans Affairs, and the Assembly Committee on Veterans Affairs, the Attorney General, and the United States Attorney for each district in California: (1) For the previous federal fiscal year: (A) The policies, procedures, and processes in place or implemented by the Sexual Assault Prevention and Response (SAPR) Program during that federal fiscal year in response to incidents of sexual assault and sexual harassment. (B) An assessment of the implementation of the policies and procedures on the prevention, response, and oversight of sexual assaults and sexual harassment in the military to determine the effectiveness of SAPR policies and programs, including an assessment of how service efforts executed federal Department of Defense SAPR priorities. (C) Matrices for restricted and unrestricted reports of the number of sexual assaults and sexual harassment involving service members, that includes case synopses, and disciplinary actions taken in substantiated cases and relevant information. Reporting on restricted cases shall be limited to aggregated statistical data so that the privacy of victims is protected. Reporting on unrestricted cases shall be limited to aggregated statistical data, but shall include, at a minimum, the following subcategories: (i) Types of crimes. (ii) Types of victims. (iii) Status of investigations. (iv) Status of prosecutions. (v) Status of department administrative actions. (D) Analyses of the matrices of the number of sexual assaults and sexual harassment allegations involving service members. The analyses shall include analysis of data and trends in comparison to state data from previous years and, to the degree possible, comparisons of state data and trends and data and trends from other branches and components of the United States Armed Forces, including both active and reserve components, including the National Guard of other states and territories. (2) For the current federal fiscal year, any plans for the prevention of and response to sexual assault and sexual harassment, specifically in the areas of advocacy, healthcare provider and medical response, mental health, counseling, investigative services, legal services, and chaplain response. (b) The department shall also make the information described in subdivision (a) available on its public internet website in the form of aggregated statistical data. In order to protect victims’ privacy, this information shall not include case synopses. (Amended by Stats. 2021, Ch. 183, Sec. 2. (SB 352) Effective January 1, 2022.) § 59 Division 1, Chapter 1 (a) There is in the state government a Governor’s Military Council (council) that shall serve under the direction of the Military Department and consist of members appointed by the Governor. The council shall advise the Governor on efforts to retain military installations and operations within the state that are necessary for the defense of the nation, and to coordinate and focus those efforts. (b) The council shall include, but not be limited to, bipartisan representatives from the Senate and Assembly. Senate representatives shall be nominated by the Senate Committee on Rules, and Assembly representatives shall be nominated by the Speaker of the Assembly. (c) This section shall remain in effect only until January 1, 2031, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2031, deletes or extends that date. (Amended by Stats. 2025, Ch. 199, Sec. 1. (AB 1508) Effective January 1, 2026. Repealed as of January 1, 2031, by its own provisions.) § 60 Division 1, Chapter 2 As used in this chapter, “department” means the Department of Veterans Affairs. (Added by Stats. 1946, 1st Ex. Sess., Ch. 114.) § 61 Division 1, Chapter 2 As used in this chapter, “board” means the California Veterans Board. (Added by Stats. 1946, 1st Ex. Sess., Ch. 114.) § 62 Division 1, Chapter 2 As used in this code, “secretary” means the Secretary of Veterans Affairs. (Amended by Stats. 1995, Ch. 261, Sec. 2. Effective January 1, 1996.) § 63 Division 1, Chapter 2 There is in the state government a Department of Veterans Affairs. (Amended by Stats. 1994, Ch. 238, Sec. 2. Effective July 20, 1994.) § 64 Division 1, Chapter 2 There shall be a California Veterans Board. (Amended by Stats. 2010, Ch. 183, Sec. 1. (SB 1387) Effective January 1, 2011.) § 65 Division 1, Chapter 2 The California Veterans Board shall consist of seven members who shall be appointed by the Governor subject to the confirmation of the Senate. (Amended by Stats. 2000, Ch. 219, Sec. 1. Effective January 1, 2001.) § 66 Division 1, Chapter 2 All members of the board shall be veterans as “veteran” is defined in Section 18540.4 of the Government Code. One of these members shall also be retired from the active or reserve forces of the United States military service. One of these members shall also be a resident of a California veterans home. This subdivision shall not be construed to prohibit a member of the board who does not meet this requirement from serving the remainder of their term. (Amended by Stats. 2024, Ch. 129, Sec. 1. (SB 1097) Effective January 1, 2025.) § 66.5 Division 1, Chapter 2 (a) Every member of the board shall be a member in good standing with a congressionally chartered veteran service organization. (b) One member of the board shall have substantial training, professional knowledge, or experience in the issues faced by female veterans which may include, but are not limited to, the following issues: (1) Combat-related disorders. (2) Sexual trauma. (3) Homelessness. (c) This section does not prohibit any member of the board from serving the remainder of their term. (Amended by Stats. 2024, Ch. 129, Sec. 2. (SB 1097) Effective January 1, 2025.) § 67 Division 1, Chapter 2 (a) Of the members as appointed, except as provided in subdivision (b), one shall be appointed for a term expiring January 15, 1947, two for terms expiring January 15, 1948, two for terms expiring January 15, 1949, and two for terms expiring January 15, 1950. Subsequent appointments shall be for terms of four years. (b) The member of the board who is a resident of a California veterans home shall be appointed for a term expiring January 15 of an odd-numbered year. Subsequent appointments shall be made on a rotational basis based on the age of the home, beginning with the oldest veterans home with independent living. (c) Vacancies shall be immediately filled by the Governor for the unexpired portion of the terms in which they occur. (Amended by Stats. 2010, Ch. 183, Sec. 3. (SB 1387) Effective January 1, 2011.) § 68 Division 1, Chapter 2 Each member of the board shall receive, for each day’s attendance at each meeting of the board, a per diem of fifty dollars ($50) and shall receive the same per diem for each day spent on official duties assigned by the board. In addition, each member shall be reimbursed for his necessary traveling and other expenses incurred in the performance of his official duties. (Amended by Stats. 1981, Ch. 305, Sec. 1.) § 69 Division 1, Chapter 2 (a) The board shall hold meetings at times and at places as shall be determined by it. (b) Special meetings may be called at any time by the chairperson or by the executive officer at the request of any four members, upon notice specifying the matters to be acted upon at the meeting, but no other matters shall be acted upon at these special meetings which were not so noticed. (Amended by Stats. 1993, Ch. 138, Sec. 3. Effective January 1, 1994.) § 69.7 Division 1, Chapter 2 In the budget submitted by the department pursuant to Section 13320 of the Government Code, the board shall have its budget separately stated. Those funds allocated for the board shall be used solely as determined by the members of the board, for the board’s operation and other necessary purposes as the board may determine. (Added by Stats. 2001, Ch. 220, Sec. 2. Effective August 31, 2001.) § 69.9 Division 1, Chapter 2 (a) On or before January 10, 2009, and on or before January 10 of each year thereafter, the department shall provide the fiscal committees of both houses of the Legislature with a fiscal estimate package containing the anticipated budget year costs of carrying out the current year’s level of service as authorized by the Legislature for the state veterans homes. (b) (1) The fiscal estimate package shall include, but not be limited to, the following information, which shall be provided for each veterans home: (A) An annual resident census by level of care. (B) An annual position summary by level of care and nonlevel of care. (C) Operating and equipment expenses, including, but not limited to, the following: (i) Cost adjustments specific to the adjustment in the number of residents by level of care. (ii) Any staff adjustments, whether level of care or nonlevel of care. (D) A fiscal display of any moneys budgeted by the department as revenues or recoveries to the General Fund. (2) Each fiscal estimate package shall include, in addition to the information provided pursuant to paragraph (1), a description of the assumptions and methodologies used for calculating the resident level of care factors, all staffing costs, and operating and equipment expenses. Fiscal bridge charts shall be included that display the year-to-year changes in funding levels by funding source. (3) The department may provide any additional information as deemed appropriate to provide a comprehensive fiscal perspective to the Legislature for the analysis and deliberations for purposes of appropriation. (c) On or before May 15, 2009, and on or before May 15 of each year thereafter, the department shall provide the fiscal committees of both houses of the Legislature with an updated fiscal estimate package that shall include, but is not limited to, an updated fiscal display of any moneys budgeted by the department as revenues or recoveries to the General Fund and updated fiscal bridge charts that display the year-to-year changes in funding levels by funding source. (Added by Stats. 2008, Ch. 751, Sec. 62. Effective September 30, 2008.) § 70 Division 1, Chapter 2 (a) The Department of Veterans Affairs succeeds to, and is vested with, the duties, powers, purposes, responsibilities, and jurisdiction of the Department of Military and Veterans’ Affairs, the Division of Veterans’ Welfare, the Veterans’ Welfare Board, the California Veterans’ Commission, the Division of Veterans’ Homes, the Board of Directors of the Veterans’ Home of California, and the Board of Directors of the Woman’s Relief Corps Home of California and of the officers and employees of that department, those divisions and boards, and that commission, except that the Secretary of Veterans Affairs, in lieu of the Director of Military and Veterans’ Affairs, is a member of the Governor’s cabinet and, in lieu of the chair of the Veterans’ Welfare Board, is a member of each and every veterans’ finance committee of which the chair until now has been a member. (b) (1) There is hereby created the California Veterans Memorial Registry Fund, for the deposit of financial contributions made for the support of the Veterans Registry, which is part of the California Veterans Memorial. Notwithstanding Section 13340 of the Government Code and without regard to fiscal years, the money in the fund is hereby continuously appropriated to the department for the purpose of defraying the costs of data entry and system management for the Veterans Registry and the reasonable costs that are incurred by the department for administering the fund. (2) In order to be eligible for inclusion in the Veterans Registry, a person must have served in the active military of the United States, received a discharge under honorable conditions, and resided in California at some time before, during, or after their military service. Failure to meet this eligibility requirement constitutes good cause for removal of the person’s name from the Veterans Registry. (Amended by Stats. 2024, Ch. 129, Sec. 3. (SB 1097) Effective January 1, 2025.) § 71 Division 1, Chapter 2 (a) The members of the board shall select one of their members to serve as chairperson, who shall hold office as chairperson at the pleasure of the board. (b) The chairperson of the board, with the concurrence of a majority of the members of the board, shall appoint an executive officer, who shall attend all meetings of the board, keep a full and true record of all its proceedings, preserve at its general office all its books, documents, and papers, and perform other duties that the board may prescribe. (c) The department shall provide the board with adequate office and meeting space at no cost to the board. This space shall be easily accessible to disabled veterans. (Amended by Stats. 2001, Ch. 220, Sec. 3. Effective August 31, 2001.) § 72 Division 1, Chapter 2 The California Veterans Board shall advise the department and secretary on policies for operations of the department. The department shall respond to all proposed policy changes offered by the California Veterans Board prior to the next scheduled meeting of the board. (Amended by Stats. 2013, Ch. 692, Sec. 4. (AB 717) Effective January 1, 2014.) § 73 Division 1, Chapter 2 The California Veterans Board may create advisory committees consisting of veterans to advise the board in specific fields under or relating to the jurisdiction of the board. The board shall appoint the members thereof and they shall serve at its pleasure. The board shall also designate the chairman and vice chairman therof. The committees shall be under the direction of the board and shall be wholly advisory in character and shall not be delegated any administrative authority or responsibility. Members of such committees shall not receive compensation from the State for their services, but when called into conference or session by the board shall be reimbursed for their actual and necessary expenses incurred in connection with such conferences or sessions, and for purposes of such reimbursement shall be deemed to be nonsalaried commission members. (Added by Stats. 1946, 1st Ex. Sess., Ch. 114.) § 73.4 Division 1, Chapter 2 The secretary and the board shall each seek to confer with the California State Commanders Veterans Council at least twice per calendar year on issues affecting California veterans. (Added by Stats. 2013, Ch. 692, Sec. 5. (AB 717) Effective January 1, 2014.) § 73.7 Division 1, Chapter 2 (a) Any state officer or employee who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against an employee of any state department, board, or authority for having disclosed what the employee, in good faith, believed to be improper activities regarding veterans programs that are supported by the state shall be disciplined by adverse action as provided in Section 19572 of the Government Code. If an adverse action is not instituted by the appointing power, the State Personnel Board shall take adverse action in the same manner as provided in Section 19583.5 of the Government Code. (b) In addition to all other causes of action, penalties, or other remedies provided by law, a state officer or employee who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against an employee for having disclosed what the employee, in good faith, believed to be improper activities regarding veterans programs that are supported by the state shall be liable in an action for damages brought against them by the injured party. Punitive damages may be awarded by the court if the acts of the offending party are proven to be malicious. If liability has been established, the injured party also shall be entitled to reasonable attorney’s fees as provided by law. (Amended by Stats. 2024, Ch. 129, Sec. 4. (SB 1097) Effective January 1, 2025.) § 73.8 Division 1, Chapter 2 The board shall have access to all documents and employees of the department. (Amended by Stats. 2004, Ch. 218, Sec. 3. Effective January 1, 2005.) § 74 Division 1, Chapter 2 (a) The chief administrative officer of the Department of Veterans Affairs shall be the Secretary of Veterans Affairs who shall be a civil executive officer. (b) The Secretary of Veterans Affairs shall be a veteran as “veteran” is defined in Section 18540.4 of the Government Code. (c) Whenever the term “Director of Veterans Affairs” or “director” appears in this code, it shall mean the Secretary of Veterans Affairs. (Amended by Stats. 1995, Ch. 261, Sec. 3. Effective January 1, 1996.) § 75 Division 1, Chapter 2 The secretary shall be appointed by and serve at the pleasure of the Governor. (Amended by Stats. 2002, Ch. 465, Sec. 1. Effective January 1, 2003.) § 76 Division 1, Chapter 2 The annual salary of the secretary is provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2002, Ch. 465, Sec. 2. Effective January 1, 2003.) § 78 Division 1, Chapter 2 (a) The Secretary of Veterans Affairs is head of the department and, as head of the department and subject to the policies adopted by the board, shall perform all duties, exercise all powers and jurisdiction, assume and discharge all responsibilities and carry out and effect all provisions now or hereafter vested by law in the department. (b) The secretary may designate a deputy, employee, or other official in the department to act for them and to represent them at meetings. (c) The secretary may delegate to one or more of their designees, or to any other official or employee of the department, any powers and duties that they may deem proper, including, but not limited to, the power to enter into contracts, and authorize and sign any and all documents necessary for effectuating the sale of bonds. (Amended by Stats. 2021, Ch. 549, Sec. 1. (SB 661) Effective January 1, 2022.) § 78.5 Division 1, Chapter 2 The secretary shall conduct audits as required by Section 13402 of the Government Code, on internal controls of the department, that shall be provided to the inspector general. (Added by Stats. 2002, Ch. 977, Sec. 3. Effective September 27, 2002.) § 79 Division 1, Chapter 2 There shall be an Undersecretary of Veterans Affairs, who shall be a civil executive officer. The holder of this position shall be appointed and their salary shall be established by the secretary pursuant to law. (Amended by Stats. 2024, Ch. 129, Sec. 5. (SB 1097) Effective January 1, 2025.) § 79.1 Division 1, Chapter 2 In addition to the Undersecretary of Veterans Affairs, there shall be within the department, and the secretary shall appoint, both of the following: (a) A Deputy Secretary of Women Veterans Affairs, who shall have responsibility over the administration of women veterans affairs. (b) A Deputy Secretary of Minority and Underrepresented Veterans Affairs, who shall have responsibility over the administration of minority and underrepresented veterans affairs. (Amended by Stats. 2024, Ch. 221, Sec. 1. (AB 1994) Effective January 1, 2025.) § 79.2 Division 1, Chapter 2 (a) In addition to the secretary, the Governor shall appoint a Deputy Secretary of Veterans Homes, to serve at the pleasure of the secretary, who shall be responsible for the administration of all sites of the California veterans homes. (b) It is preferable that the deputy secretary is a medical doctor who holds a valid, unrevoked, and unsuspended license to practice medicine in this state, or is a professionally trained hospital administrator with (1) experience in managing a multihospital organization and (2) training or experience in the care of the elderly. (c) The role of the deputy secretary shall be to oversee and monitor all aspects of medical care that is being provided to men and women veterans who are residents in any California veterans home. (Added by Stats. 1999, Ch. 511, Sec. 1. Effective January 1, 2000.) § 79.3 Division 1, Chapter 2 (a) Notwithstanding any other law, the department may adopt, amend, or repeal regulations concerning the administration and operation of the Veterans’ Home of California. Except as otherwise provided, these regulations shall be adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (b) The department may adopt, amend, and repeal emergency regulations concerning the administration and operation of the Veterans’ Home of California in compliance with Section 11346.1 of the Government Code. However, if special circumstances, as defined in subdivision (c), are present, then those regulations shall not be subject to the requirements regarding findings of emergency in paragraph (2) of subdivision (b) of Section 11346.1 of the Government Code. The emergency regulations adopted pursuant to this subdivision shall remain in effect for one year, or until the effective date of regulations adopted pursuant to subdivision (a), whichever is earlier. (c) Special circumstances shall be deemed to exist if the Secretary of Veterans Affairs states in writing to the Office of Administrative Law and the Department of Finance that the adoption, amendment, or repeal is necessary for one or more of the following reasons: (1) The possible loss or delay in the receipt of federal, state, or local funding. (2) The need to maintain licensing or certification by a state or federal agency for any Veterans’ Home of California facility or program. (3) The need to protect against a serious and immediate threat to the health or safety of residents or staff in one or more of the facilities of the Veterans’ Home of California. (4) The urgent need to comply immediately with recommendations of the Department of Finance or the California State Auditor. (Added by Stats. 2017, Ch. 28, Sec. 37. (SB 96) Effective June 27, 2017.) § 79.4 Division 1, Chapter 2 (a) The department shall do all of the following concerning the operation and administration of the veterans’ homes: (1) Take the necessary steps to ensure that all medical or other facilities under its jurisdiction satisfy all applicable federal and state and local licensing, certification, and other approval requirements, including, but not limited to, the requirements of the United States Department of Veterans Affairs, the federal Centers for Medicare and Medicaid Services, the State Department of Public Health, the State Department of Social Services, and the California State Board of Pharmacy, including preparation of plans of correction as required. (2) Develop and maintain clinical policies and procedures, including all of the following: (A) Community standards for best clinical practices, including, but not limited to, practices recommended by the federal Centers for Disease Control and Prevention and the federal Centers for Medicare and Medicaid Services. (B) The appropriate clinical standard of practice. (C) Adopt fire and life safety policies and procedures consistent with the requirements of the State Fire Marshal and other applicable regulatory and licensing agencies. (D) Adopt earthquake and environmental protection policies and procedures. (b) The department may adopt regulations to implement this section. The adoption, amendment, or repeal of a regulation authorized by this section is hereby exempted from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Added by Stats. 2017, Ch. 28, Sec. 38. (SB 96) Effective June 27, 2017.) § 80 Division 1, Chapter 2 The director may employ subject to law such expert, technical, legal, clerical, and other employees as may be necessary to carry out his powers and duties and except as expressly otherwise provided in Section 71 of this chapter, the director shall be the sole appointing authority for the department for all positions. Whenever possible preference shall be given to veterans for employment in the department. (Amended by Stats. 1947, Ch. 292.) § 83 Division 1, Chapter 2 Except to the extent inconsistent with the provisions of this chapter, the provisions of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code shall be applicable to the Department of Veterans Affairs as if the provisions of said Chapter 2 were set out fully herein. Whenever in such chapter the term “head of the department” or similar designation occurs, it shall mean the director, except that for the purposes of Article 2 of said Chapter 2 it shall also mean both the board and any member of the board to whom the duty of conducting any investigation is given by the board. (Added by Stats. 1946, 1st Ex. Sess., Ch. 114.) § 84 Division 1, Chapter 2 (a) The secretary may, whenever they deem it advisable and shall, when required to do so by the board, present reports and recommendations to the board concerning any matter relating to veterans’ welfare whether or not provided by existing law. (b) Notwithstanding any other law, the secretary shall not effectuate any policy change that would modify any veterans’ program without first fully briefing the board regarding the effects upon veterans of the proposed policy change. (c) For the purposes of this section and Section 700, “program” means the Veterans’ Home of California, the veterans’ farm and home purchase program, including any associated insurance programs, and any veterans’ education assistance program. (d) “Policy change” for the purposes of this section means any proposed changes to the programs set forth in subdivision (c) that would directly or indirectly affect the eligibility of veterans to participate in, the affordability for veterans of, or the financial stability of, those programs. (Amended by Stats. 2024, Ch. 129, Sec. 6. (SB 1097) Effective January 1, 2025.) § 85 Division 1, Chapter 2 Records of the department which are records of contract purchasers, shall not be open to inspection by the public. (Amended by Stats. 1969, Ch. 371.) § 86 Division 1, Chapter 2 (a) Any person deeming themself a veteran and who applies for benefits may appeal any decision made by a division of the department to the California Veterans Board. Upon receipt of the appeal, the board shall grant a hearing, if requested, and shall render its decision in writing to the appellant not later than the second meeting of the board following the receipt of the appeal or of the hearing if one is held. An appeal shall be deemed to have been received by the board on the date of the first meeting of the board subsequent to delivery of the appeal to the executive officer of the board. Except for judicial review, the board’s decision is final and the board shall have the power to change or modify with good cause any decision that is adverse to the appellant. Except as described in subdivision (b), all hearings of appeals may be delegated by the board to the undersecretary or a deputy secretary of the department. Hearings shall be held in the department office nearest to the appellant’s home unless the appellant requests otherwise. (b) Hearings of appeals related to the Veterans’ Farm and Home Purchase Act may be delegated by the board only to the Office of Administrative Hearings to be conducted by administrative law judges of the Office of Administrative Hearings pursuant to Chapter 4 (commencing with Section 11370) and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The administrative law judges shall submit their proposed decisions to the board for final decision. The administrative law judges shall make all reasonable efforts to hold hearings at neutral locations, however, if no other facilities are available without incurring excessive costs, the hearings may be held at the department office nearest to the appellant’s home. (Amended by Stats. 2024, Ch. 129, Sec. 7. (SB 1097) Effective January 1, 2025.) § 88 Division 1, Chapter 2 (a) Notwithstanding other provisions of law, including, but not limited to, Section 1 of Chapter 648 of the Statutes of 1992, as amended, the Department of Veterans Affairs shall enter into an agreement with the Department of Fish and Game that grants to the Department of Fish and Game for a period of 99 years, exclusive authority over management and control of approximately 340 acres of land being portions of Sections 19, 28, 29, and 30 of Township 7 North, Range 4 West, Mount Diablo Base and Meridian, in the vicinity of the Rector Reservoir, Napa County, to be utilized by the Department of Fish and Game exclusively for open space or conservation purposes. The agreement may be terminated only upon the mutual agreement of the Department of Veterans Affairs and the Department of Fish and Game. (b) If the agreement described in subdivision (a) is not entered into by December 31, 1997, exclusive authority over the management and control of the property described in subdivision (a) is hereby granted to the Department of Fish and Game, effective January 1, 1998. (c) Upon the effective date of the agreement entered into pursuant to subdivision (a) or upon the operation of subdivision (b), the provisions of Section 1 of Chapter 648 of the Statutes of 1992, as amended, authorizing the property described in subdivision (a) as surplus property are repealed. (Added by Stats. 1997, Ch. 300, Sec. 11. Effective August 18, 1997.) § 89 Division 1, Chapter 2 The department may apply to the California Debt Limit Allocation Committee for allocations of the state ceiling on qualified private activity bonds for qualified residential rental projects. (Added by Stats. 2008, Ch. 332, Sec. 1. Effective January 1, 2009.) § 89.5 Division 1, Chapter 2 (a) The department shall include in its strategic plan the following: (1) A review of the goals and objectives relating to homeless veterans, to determine whether the methods the department uses to plan, analyze, develop, monitor, and implement the strategic plan will likely decrease homelessness among veterans. (2) A determination of the number of homeless veterans in this state and the number of those veterans who received benefits from state or federal programs, including, but not limited to, the number of homeless veterans in need of multifamily or transitional housing and the number of those veterans who received benefits for those needs. (b) The department shall transmit the strategic plan to the Chairma