2005 California Military and Veterans Code Sections 550-567 CHAPTER 3. STATE MILITARY RESERVE ACT

MILITARY AND VETERANS CODE
SECTION 550-567

550.  Whenever any part of the National Guard of this State is in
active federal service, or when Congress so consents thereto, the
Governor is hereby authorized to organize and maintain within this
State during such period, under such regulations as the Secretary of
Defense of the United States may prescribe for discipline in
training, such military forces as the Governor may deem necessary to
defend and for the security of this State; provided, however, the
Governor may authorize the organization and maintenance of such
forces at cadre strength at any time.  Such forces shall be composed
of officers commissioned or assigned, and such qualified citizens or
aliens who have declared their intentions to become citizens as shall
volunteer for service therein, supplemented, if necessary, by
members of the unorganized militia enrolled by draft or otherwise as
provided by law.  Such forces shall be additional to and distinct
from the National Guard and shall be known as the State Military
Reserve.  Such forces shall be uniformed under such conditions and
subject to such regulations as the Governor may prescribe.
551.  The Governor is hereby authorized to prescribe rules and
regulations not inconsistent with the provisions of this chapter
governing the enlistment, organization, administration, equipment,
maintenance, training, and discipline of forces.  The rules and
regulations, insofar as the Governor deems practicable and desirable,
shall conform to existing law governing and pertaining to the
National Guard and the rules and regulations adopted thereunder and
shall prohibit the acceptance of gifts, donations, gratuities, or
anything of value by those forces or any member of those forces from
any individual, firm, association, or corporation by reason of that
membership.  Section 167 shall at no time apply to the forces herein
authorized except that all officers, warrant officers, and enlisted
men and women on active duty with the Office of the Adjutant General
shall be appointed by the Governor, with consideration of the
recommendation of the Adjutant General.  All officers, warrant
officers and enlisted men and women on active duty under Section 167
who are ordered into federal service by federal authority during the
emergency or who are ordered by state authority to perform duty with
the forces herein authorized shall not thereby lose the rights and
privileges provided in Section 167 and shall be restored to those
rights and privileges upon completion of that service or duty.
   Members of the California National Guard not ordered to federal
service or who are not required to perform federal service or who
have been deferred from federal duty may perform service as members
of the California National Guard on state active duty on behalf of
the forces herein authorized and may be compensated as provided in
Sections 320 and 321.
552.  Officers and warrant officers of the forces herein authorized
on active duty in the service of the state shall receive the same pay
and allowances as officers of similar grade in the Army of the
United States.
   An officer, warrant officer or enlisted man or woman of the forces
herein authorized may, with his or her consent, be detailed for duty
and may be paid compensation in any grade lower than the officer,
warrant officer, or enlisted man or woman actually holds; provided,
the officer, warrant officer or enlisted man or woman voluntarily
waives all compensation in excess of the lower grade in which he or
she is detailed to duty.
   Whenever an officer or warrant officer of the forces herein
authorized is detailed for special duty in any matter relating to
those forces, by order of the Governor, he or she shall be allowed
the same pay and allowances as officers or warrant officers of
similar grade in the Army of the United States and actual traveling
expenses.  An enlisted man or woman similarly detailed shall be
allowed the same pay and allowances as enlisted men and women of
similar grade in the Army of the United States and actual traveling
expenses, except that family allowances shall not be allowed those
enlisted men and women.  An officer, warrant officer or enlisted man
or woman of the forces herein authorized may, with his or her
consent, be detailed for special duty without expense to the  state,
except and provided, however, he or she may be paid his or her actual
traveling expenses.
   In addition to the pay and allowances authorized in this code,
personnel of the forces created herein having administrative
functions connected therewith may be paid not more than twenty
dollars ($20) per month for the performance of those duties according
to rules and regulations adopted by the Adjutant General.
   All enlistments of members of the active militia may be extended
by the Adjutant General if necessary during the existence of a
national emergency.
553.  Enlisted persons of the forces herein authorized on active
duty in the service of the State shall receive the same pay and
allowances, except family allowances, as enlisted persons of similar
grade in the Army of the United States.
554.  (a) For the use of the State Military Reserve, the Governor
may submit requisitions to the United States Secretary of Defense for
any arms and equipment in the possession of and excess to or not
required by the Department of the Army or alloted or available to the
State Military Reserve.  The Governor may provide arms and equipment
to the State Military Reserve which are not furnished by the
Department of the Army and are required in the defense of the state.
The Governor may make available to the State Military Reserve
armories and other state premises, property, supplies, and equipment
as may be available.
    (b) The members of the State Military Reserve may be male or
female and are members of the state militia for purposes of this
code.
    (c) All unexpended balances appropriated for the use of the
California National Guard or the Adjutant General and not required by
the California National Guard or the Adjutant General may be
expended by the Adjutant General for the use and benefit of the State
Military Reserve and its members.  Section 255 does not apply to the
State Military Reserve.
555.  Such forces shall not be required to serve outside the
boundaries of this State except:
   (a) Upon the request of the Governor of another state, the
Governor of this State may, in his discretion, order any portion or
all of such forces as may be then in actual service to assist the
military or police forces of such other state who are actually
engaged in defending such other state.  Such forces may be recalled
by the Governor at his discretion.
   (b) Any organization, unit or detachment of such forces upon order
of the officer in immediate command thereof, may continue in fresh
pursuit of insurrectionists, saboteurs, enemies or enemy forces
beyond the borders of this State into another state until they are
apprehended or captured by such organization, unit, or detachment or
until the military or police forces of the other state or the forces
of the United States have had reasonable opportunity to take up the
pursuit or to apprehend or capture such persons if such other state
shall have given authority by law for such pursuit by such forces of
this State.  Any such person who shall be apprehended or captured in
such other state by an organization, unit or detachment of the forces
of this State shall without unnecessary delay be surrendered to the
military or police forces of the state in which he or she is taken or
to the United States.  Such surrender shall not constitute a waiver
by this State of its rights to extradite or prosecute such person for
any crime committed in this State.
   (c) Pursuant to the provisions of the National Defense Act of
1916, as amended, and such amendments as may be made thereto
hereafter.
556.  Any military forces or organization, unit or detachment
thereof, of another state who are in fresh pursuit of
insurrectionists, saboteurs, enemies or enemy forces may continue
such pursuit into this State until the military or police forces of
this State or the forces of the United States have had a reasonable
opportunity to take up the pursuit or to apprehend or capture such
persons and are hereby authorized to arrest or capture such persons
within this State while in fresh pursuit.  Any such persons who shall
be captured or arrested by the military forces of such other state
while in this State shall without unnecessary delay be surrendered to
the military or police forces of this State to be dealt with
according to law.  This section shall not be construed so as to make
unlawful any arrest in this State which would otherwise be lawful,
and nothing contained in this section shall be deemed to repeal any
of the provisions of the Uniform Act of the Fresh Pursuit of
Criminals.
557.  No person shall, by reason of his or her enlistment or
commission in any such forces, be exempted from military service
under any law of the United States.
    Sections 230 and 232 to 237, inclusive, apply to commissioned
officers; Section 225 applies to warrant officers; and Sections 252,
253, 254 and 260, except subdivision (b) of Section 260 apply to
enlisted personnel of the forces authorized herein.  However, no
provision of this code shall prevent the transfer, by order of the
Governor, at any time, of any member of those forces to a reserve
list created in the office of the Commanding General of the State
Military Forces.
558.  No civil organization, society, club, post, order, fraternity,
association, brotherhood, body, union, league, or other combination
of persons or civil group shall be enlisted in such forces as an
organization or unit.
559.  No person shall be commissioned or enlisted in such forces who
is not a citizen of the United States or who has not declared his or
her intention to become such citizen or who has been expelled or
dishonorably discharged from any military or naval organization of
this State, or of another state, or of the United States.
560.  (a) 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, 1984 (Executive Order 12473
of April 13, 1984, as amended), are hereby adopted as part of this
code and shall be applicable to and govern the State Military
Reserve.
   (b) No officer or enlisted person of the State Military Reserve
may be arrested on any warrant, except for treason or a felony, while
going to, remaining at, or returning from a place he or she is
ordered to attend for military duty.  Every officer and enlisted
person of the State Military Reserve is, during his or her service,
exempt from service upon any posse comitatus and from jury duty.
562.  In all cases in which any officer, warrant officer or enlisted
man or woman of the State Military Reserve, when organized or
authorized as a cadre or otherwise, when in the performance of
ordered duty, or when ordered into the active service of the state,
is wounded, injured, disabled, or killed in active service, or in the
performance of ordered duty and in line of duty, the officer or
warrant officer or enlisted man or woman or the dependents of that
officer or warrant officer or enlisted man or woman shall be entitled
to receive compensation from the state in accordance with the
provisions of Division 4 (commencing with Section 3201) of the Labor
Code.  In all such cases, such an officer, warrant officer, enlisted
man or woman shall be held and deemed to be an employee of the state.
  The compensation to be awarded to any such officer, warrant
officer, enlisted man or woman shall be ascertained, determined, and
fixed upon the basis of his or her average income from all sources
during the year immediately preceding the date of the injury or death
or the commencement of the disability, but the compensation shall in
no case exceed the maximum prescribed in Division 4 (commencing with
Section 3201) of the Labor Code.
   In the determination of the benefits to be awarded any member of
the State Military Reserve or his or her dependents under the
provisions of this section it shall be conclusively presumed that the
average yearly earning of the injured or deceased member is not less
than two thousand five hundred dollars ($2,500).  Any injury, death,
or disability shall be deemed to have been suffered in line of duty
unless the same resulted from misconduct or disobedience of lawful
orders by the injured or deceased member.
563.  All members of said forces are hereby declared to be engaged
in military service within the meaning of that term as used in
Article XXIV of the Constitution of this State and are exempt from
civil service.
564.  All of the rights, privileges and benefits provided in
Sections 394 and 395 of this code are hereby extended to members of
said forces while in the active service of this State.
565.  This chapter may be cited as the State Military Reserve Act.
566.  Sections 9, 16, 141, 176, 188, 230, 361, 366, 389, 395.1,
395.01, 395.2, 395.02, 395.3, 395.03, 395.4, 395.5, 395.05, 395.06,
395.8, 411, 421, 423, 439, 612, 640, 641, 642, 643, 643.1, 644, 645,
646, 647, 648, and 649 apply to, and include, the forces authorized
herein.
567.  This chapter shall take effect on the day following the day on
which the National Guard or any part thereof is in federal service
or on the day following the day on which Congress consents to the
organization and maintenance of said forces, whichever event first
occurs shall be the effective date hereof, and shall be effective
forthwith upon approval by the Governor with respect to the authority
granted in this act to the Governor to organize and maintain said
forces at cadre strength at any time.


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