California Senate Bill SB537 Amended / Bill

 BILL NUMBER: SB 537AMENDED BILL TEXT AMENDED IN SENATE MARCH 21, 2011 INTRODUCED BY Senator Correa FEBRUARY 17, 2011  An act relating to the military.   An act to amend Sections 500, 500.1, 501, 502, 502.1, 502.2, 502.5, 503, 504, 506, 507, 508, 509, 510, 511, 511.5, 512, 513, 514, 515, 516, 516.1, 517, 518, 519, 520, 520.1, 530, and 531 of, to add   Sections 502.3 and 532 to, and to repeal and add Section 505 of, the Military and Veterans Code, relating to the military.  LEGISLATIVE COUNSEL'S DIGEST SB 537, as amended, Correa. California Cadet Corps  : military academies  . Existing law 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 under such rules and regulations as the governing body of the schools and the Adjutant General may prescribe, and authorizes the Adjutant General to appoint officers in the California Cadet Corps for duty in each community college, high school, junior high school, or elementary school under the jurisdiction of the governing board.  This bill would state the intent of the Legislature to enact legislation to amend the Military and Veterans Code to revise, enhance, and modernize provisions of that code relating to youth programs administered by the Military Department or the California National Guard, or both.   This bill would authorize the organization of a California Cadet Corps at each college, community college, or school where there is not currently a J.R.O.T.C. or R.O.T.C. program, and under such rules and regulations as the governing body of the schools and the Adjutant General may prescribe. This bill would also authorize the Adjutant General to appoint officers, warrant officers, and noncommissioned officers for duty in each college, community college, or school under the jurisdiction of the governing board, and require that their pay, allowances, and expenses be disbursed from the college, community college, or school in which they serve. This bill would authorize the Adjutant General to order those officers to temporary state active duty to perform functions in support of the California Cadet Corp. Additionally, this bill authorizes the Governor, upon recommendation of the Adjutant General, to appoint Special Project Officers, warrant officers, and noncommissioned officers for service in the California Cadet Corps, and authorizes the Adjutant General to adopt rules and regulations for the promotion of officers, warrant officers, and noncommissioned officers of the California Cadet Corps.   Existing law authorizes members of the California Cadet Corps to use California National Guard rifle ranges.   This bill would authorize members of the California Cadet Corps to use California National Guard facilities for training purposes.   Existing law 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.   This bill would authorize any executive officer, assistant executive officer, advisor, officer, warrant officer, or noncommissioned officer hurt in the line of duty to receive workers' compensation, as provided. This bill would create a presumption that the yearly earning of such individual is not less than $10,000.   Existing law 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.   This bill would 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 the Superintendent of Public Instruction, or any county, city, or school governing board to establish a military academy, as specified.   This bill would also make other conforming changes.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 500 of the   Military and Veterans Code   is amended to read:  500. The students of any college, community college ,  or  high  school in this state  , having 100 or more such students, 14 years of age or over,  may be organized into a  cadet   California Cadet Corps  company or companies under such rules and regulations as the governing body of the schools or colleges and the Adjutant General of the State of California may prescribe.  Said   A California Cadet Corps  company or companies shall be of such strength as may be prescribed by the Adjutant General.  SEC. 2.   Section 500.1 of the   Military and Veterans Code   is amended to read:  500.1. Except as hereinafter provided, each college, community college,  high school and each senior high , high school and each senior high   or  school in this state  having 100 or more students of 14 years of age or over and  in which there is not maintained  an   a J.R.O.T.C. or  R.O.T.C. unit  shall   may  establish a  cadet   California Cadet Corps  company or companies under such rules and regulations as the governing body of the schools and the Adjutant General may prescribe  , and any college, community college, high school or senior high school inthe state having less than 100 of each students may establish a cadet company or companies. Said   . A California Cadet Corps  company or companies shall be of such strength as shall be prescribed by the Adjutant General. A  cadet  California Cadet Corps  company or companies is not required to be established in a  high  school, college  ,  or community college unless a number of qualified students sufficient to constitute a company or companies of the strength prescribed by the Adjutant General voluntarily enroll therein.  SEC. 3.   Section 501 of the   Military and Veterans Code   is amended to read:  501.  Cadet   California Cadet Corps  companies shall at all times be under the guidance and control of the principal, president, director or chief administrative officer of the college, community college  ,  or  high  school, whose duty it shall be to make regulations with the approval of the Adjutant General regarding the moral, educational, and physical welfare of the cadets.  SEC. 4.   Section 502 of the   Military and Veterans Code   is amended to read:  502. Upon recommendation of the governing board having jurisdiction over the  college,  community college  ,  or school, the Adjutant General may appoint officers  , warrant officers, and noncommissioned officers  in the California Cadet Corps for duty  as commandants of cadets or assistant commandants of cadets  in each  college,  community college,  high school, junior high school, or elementary or   or  school under the jurisdiction of the governing board. Except when ordered to  state active  duty by the Governor, the officers  , warrant officers, and noncommissioned officers  shall be under the immediate control and jurisdiction of the governing board of the  college,  community college,  high school, junior high school, or elementary  or  school at which they are on duty  , and pay, allowances, and expenses shall be disbursed from funds appropriated for the maintenance and operations of the college, community college, or school where they serve  . Each officer  ,   warrant officer, and noncommissioned officer  shall hold his or her appointment at the pleasure of the governing board, or until a successor has been appointed and qualified  ,  or his or her  connection   affiliation  with the  cadets   California Cadet Corps  is severed.  SEC. 5.   Section 502.1 of the   Military and Veterans Code   is amended to read:  502.1. The Adjutant General shall determine by the adoption of rules and regulations the grade and rank to be held by  officers   individuals  appointed in the California Cadet Corps by reason of their military experience  and   or  professional knowledge  , or both  .  Said officers   These individuals  shall be  commissioned in the manner that shall be determined by rules   appointed pursuant to the rules  and regulations adopted by the Adjutant General. A person who has previously been  a commissioned   an officer, warrant officer, or noncommissioned  officer of, and discharged under honorable conditions from, the United States Army,  the Army of the United States,  the United States Navy, the United States Air Force, the United States Marine Corps, the United States Coast Guard, or any reserve component of such federal forces, the  California  National Guard, the State Military Reserve, or the active militia may be appointed in the California Cadet Corps  and commissioned  in the same rank last held in such federal or state military forces. Each officer  commissioned   , warrant officer, or noncommissioned officer  shall hold office  as provided by   pursuant to the  rules and regulations adopted by the Adjutant General. Upon recommendation of the Adjutant General, the Governor may commission one executive officer of the California Cadet Corps as colonel, one assistant executive officer of the California Cadet Corps as lieutenant colonel, and the necessary number of regional  supervisors of cadet instruction   advisors  in the same grade and rank  as said officers  last held in  said  federal or state military forces, not to exceed lieutenant colonel,  as may be determined by   pursuant to  rules and regulations adopted by the Adjutant General.  Upon the recommendation of the Adjutant General, the Governor may appoint Special Project Officers, warrant officers, and noncommissioned officers to the same grade and rank last held in federal or state military forces for service in the California Cadet Corps by virtue of their professional knowledge and experience.  Pay and expenses shall be taken from the  moneys   funds  appropriated for the maintenance  and support  of the California Cadet Corps.  SEC. 6.   Section 502.2 of the   Military and Veterans Code   is amended to read:  502.2. The executive officer  commissioned  as a colonel in the  California  National Guard,  State Military Reserve, or California Cadet Corps;  the assistant executive officer  commissioned  as a lieutenant colonel in the  California  National Guard,  State Military Reserve, or California Cadet Corps;  the regional  supervisors of cadet instruction commissioned as provided inappointed pursuant to   advisors appointed pursuant to  Section 502.1  of this code   ;  and the  officers   individuals  appointed in the California Cadet Corps  commissioned  according to rules and regulations adopted by the Adjutant General shall wear  such uniform as may be   uniforms  prescribed by the Adjutant General, including cap and collar ornaments and other distinctive marks of identification of the California Cadet Corps  as may   . Uniforms shall  not be inconsistent with rules and regulations of the United States Army.  SEC. 7.   Section 502.3 is added to the   Military and Veterans Code   , to read:   502.3. The Adjutant General may adopt rules and regulations providing for the promotion of officers, warrant officers, and noncommissioned officers of the California Cadet Corps.   SEC. 8.   Section 502.5 of the   Military and Veterans Code   is amended to read:  502.5. The Adjutant General may order officers  , warrant officers, and noncommissioned officers  in the California Cadet Corps to duty at encampments, exercises, or other activities conducted by the corps. While on duty, the  officers  , warrant officers, and noncommissioned officers  shall receive the same base pay, without longevity, as  officers   members  of similar grade in the United States Army together with their expenses. Pay and expenses for these purposes shall be paid from funds appropriated for the maintenance and support of the  corps   California Cadet Corps  .  SEC. 9.   Section 503 of the   Military and Veterans Code   is amended to read:  503. Cadet companies shall be organized and each shall  have such   consist of  commissioned cadet officers  , cadet warrant officers,  and noncommissioned cadet officers as shall be prescribed  from time to time  by the Adjutant General, and as shall conform generally to the number of commissioned  , warrant,  and noncommissioned officers of companies of the California National Guard.  Said commissioned   Commissioned  cadet officers shall be commissioned in accordance with rules and regulations adopted by the Adjutant General and upon recommendation of the commandant of cadets and with the approval of the president, director  or   ,  chief administrative officer  ,  or principal  of the college, community college, or school  . The  warrant and  noncommissioned cadet officers shall be appointed  and warranted  by the commandant of cadets with the approval of the president, director  or   ,  chief administrative officer  ,  or principal  of the college, community college, or school  .  SEC. 10.   Section 504 of the   Military and Veterans Code   is amended to read: 504. The Adjutant General shall  provide by the adoption of   adopt  rules and regulations for the formation of cadet  brigades, regiments, and battalions and shall adopt tables of organization and provide for the appointment of cadet  brigade, regimental, and  battalion officers and staffs. All cadet battalion officers  , regimental,  and noncommissioned officers shall be appointed, commissioned or warranted in accordance with rules and regulations adopted by the Adjutant General and upon the recommendation of the commandant of cadets with the approval of the president, director  or other   ,  chief administrative officer  ,  or principal of the college, community college  ,  or  high  school.  SEC. 11.   Section 505 of the   Military and Veterans Code   is repealed.   505. The Adjutant General may in his discretion organize companies of the California Cadet Corps into battalions and regiments and each such battalion and regiment so organized shall have a staff to consist of such cadet commissioned officers and cadet noncommissioned officers as may be prescribed by the Adjutant General. The Adjutant General may adopt tables of organizations for the battalions or regiments created hereunder and all cadet officers or cadet noncommissioned officers appointed, commissioned or warranted as staff or line cadet officers or cadet noncommissioned officers shall be selected upon the recommendation of the cadet commandant with the approval of the president, director or other chief administrative officer or principal of the college, community college or high school.   SEC. 12.   Section 505 is added to the   Military and Veterans Code   , to read:   505. The Adjutant General may order officers, warrant officers, and noncommissioned officers of the California Cadet Crops to temporary state active duty to perform functions in support of the California Cadet Corps. Pay for such duties shall be disbursed from funds appropriated for the support and maintenance of the California Cadet Corps.   SEC. 13.   Section 506 of the   Military and Veterans Code   is amended to read:  506. All cadet officers  , cadet warrant officers,  and  cadet  noncommissioned officers shall be promoted according to rules and regulations adopted by the Adjutant General upon the recommendation of the commandant of cadets and with the approval of the president,  director,  chief administrative officer,  director  or principal of the college, community college  ,  or  high  school.  SEC. 14.   Section 507 of the   Military and Veterans Code   is amended to read:  507.  Any cadet commissioned officer or cadet noncommissioned officer may have his commission or warrant canceled and be reduced to the ranks, or dismissed from the California Cadet Corps and any cadet may be dismissed from the corps, upon the recommendation of the president, director or chief administrative officer of the college or community college or the principal of the high school, for   Any cadet commissioned officer or cadet noncommissioned officer may have his commission or warrant canceled and be reduced to the ranks, or dismissed from the California Cadet Corps and any cadet may be dismissed from the corps, upon the recommendation of the president, director or chief administrative officer of the college or community college or the principal of the high school, for   Upon   the recommendation of the president, director, chief administrative officer, or principal of the college, community college, or school in which the California Cadet Corps participates, the commission or warrant of any cadet commissioned officer, cadet warrant office, or cadet noncommissioned officer may be cancelled, and the cadet reduced in rank or dismissed from the California Cadet Corps, for  deficiency in  his   academic  studies  or for   ;  misbehavior  either  in  the  college, community college  or high   ,  school  or in   the cadet is attending; misbehavior in  the California Cadet Corps  ;  or for  any  other  reason deemed  good cause  in the judgment of the   by the  president, director  or   ,  chief administrative officer  , or principal  of the college  or   ,  community college  or the principal of the high school   , or school  .  SEC. 15.   Section 508 of the   Military and Veterans Code   is amended to read:  508. The California Cadet Corps shall train in accordance with the appropriate manuals prescribed by the United States Army and  as may be prescribed  by  the  rules and regulations adopted by the Adjutant General.  No   A  uniformed corps of cadets shall  not  be organized in any college, community college, or  high  school except  pursuant to and  as authorized by this chapter  ,  provided that  J.R.O.T.C.,  R.O.T.C.  ,  and other federally approved military units shall not be subject to or limited by this code.  SEC. 16.   Section 509 of the   Military and Veterans Code   is amended to read:  509. The Adjutant General shall provide  and may prepare  suitable training regulations, books and courses of instruction, and the necessary forms for reports or other necessary purposes to be used by the California Cadet Corps. The Adjutant General may take such action as is necessary to promote the general welfare, strength  ,  and morale of the California Cadet Corps and to provide for the recreation of cadets.  SEC. 17.   Section 510 of the   Military and Veterans Code   is amended to read:  510.  Members   The Adjutant General shall prescribe the uniforms the members  of the California Cadet Corps shall wear  such uniforms as the Adjutant General prescribes  . The Adjutant General may issue to the California Cadet Corps necessary cap and collar ornaments and chevrons, training aids, insignia of rank and of the California Cadet Corps, awards and decoration, flags, colors, guidons, standards, slings and carrying devices, canteens and covers, belts, first aid packets, mess kits, shelter halves, haversacks, and such other military property or equipment in the control of the Adjutant General as may not be required for the  California  National Guard  ,   or  other state military forces  ,  or other military purposes. A regulation uniform for cadets shall be kept in the Adjutant General's office to be used as  a  sample from which the uniforms for the California Cadet Corps shall be made. Such issues may be made by the Adjutant General without charge to the members of the California Cadet Corps or to the school or college or community college. The Adjutant General, after receiving written acknowledgment from the  high school principal or  president, director  or   ,  chief administrative officer  , or principal  of the college  or   ,  community college  , or school  of the receipt of such property, shall account the same as a transfer of equipment.  SEC. 18.   Section 511 of the   Military and Veterans Code   is amended to read:  511. A sufficient number of rifles suitable for drill  or marksmanship  purposes  , or both  may be purchased by the board of  high  school trustees, board of education, board of directors or trustees of a college or community college, county superintendent of schools, the  State  Superintendent of Public Instruction, or the Adjutant General out of any funds available and not otherwise appropriated.  SEC. 19.   Section 511.5 of the   Military and Veterans Code   is amended to read:  511.5.  The Adjutant General, under such rules and regulations as he may adopt,   Under rules and regulations adopted by the Adjutant General, the Adjutant General  may purchase  and furnish   uniforms for  the members of the California Cadet Corps  ,   uniforms  including caps, helmets, liners, shirts, trousers, belts, jackets, skirts, blouses, ties and leggings. The Adjutant General, with the approval of the Department of Finance, may annually determine the uniform  value   cost  per cadet.  SEC. 20.   Section 512 of the  Military and Veterans Code   is amended to read:  512.  Target   Marksmanship  practice shall constitute a part of the instruction to be given to cadets. Members of the California Cadet Corps may engage in rifle matches and competitions conducted or held in this state or at any place in the United States. The Adjutant General may purchase and supply to each of the colleges,  communmity   community  colleges  ,  and  high  schools a sufficient number of  Springfield or other  efficient rifles for field target work and gallery practice and the  ammmunition   ammunition  and equipment  therefor, as in his judgment is  necessary for efficient rifle practice. A sufficient number of rifles suitable for field target work or gallery target firing and the ammunition and equipment  therefor  may be purchased by a board of  high  school trustees, board of education, board of directors or trustees of a college or community college, county superintendent of schools, or the  State  Superintendent of Public Instruction, out of any funds available  therefor  , and the governing body or governing officials of any  high  school, community college  ,  or college may purchase the necessary parts for and may repair any rifles acquired or furnished  for the use of members of   to  the California Cadet Corps. All target practice shall be under the supervision of the president, chief administrative officer, director  ,  or principal of the college, community college, or  high  school  ,  or  such officer or officers as he or they may appoint   under the supervision of an appointed officer or officers  . Competent members of the  California  National Guard, State Military Reserve  ,  or Naval Militia may be detailed by the Adjutant General, with their consent, and upon request of the president,  director,  chief administrative officer,  director  or principal of the college, community college  ,  or  high  school as instructors of target practice in the California Cadet Corps.  Such instructors while   Instructors from the California National Guard, State Military Reserve, or Naval Militia  on duty at  said   a  college, community college  ,  or  high  school  during target   for marksmanship  practice shall be under the immediate control and jurisdiction of the governing body of  said   the  college, community college  ,  or  high  school. The expenditures  therefor  may be paid out of  the moneys   funds  appropriated for the maintenance  and support of the California Cadet Corps.  SEC. 21.   Section 513 of the   Military and Veterans Code   is amended to read:  513. The Adjutant General may detail from the organizations of the  California  National Guard, State Military Reserve, or Naval Militia, competent members  thereof  who shall perform duties on behalf of the California Cadet Corps  as may be assigned to them or   and  who  shall   may  act as training and  rifle   marksmanship  practice instructors for the California Cadet Corps. The Adjutant General may provide  for compensating the persons   compensation for any person  detailed for duty and service with the California Cadet Corps  and the persons detailed to instruct the cadets in drill and target practice  . The expenditures  therefor  may be paid out of  the moneys   funds  appropriated for the maintenance  and support  of the California Cadet Corps. The Adjutant General may conduct  schools and  conferences  and other events and activities  for  the officers   members  of the California Cadet Corps and  pay the expenditures thereof out of moneys   may utilize funds  appropriated for the maintenance  and support  of the California Cadet Corps  for these purposes  .  The Adjutant General may adopt rules and regulations providing for the promotion of officers of the California Cadet Corps.  SEC. 22.   Section 514 of the   Military and Veterans Code   is amended to read:  514.  (a)    Whenever  practicable   practical,  members of the California Cadet Corps shall, under the supervision of the  commandant of cadets   Commandant of Cadets  , be permitted to  shoot at target practice upon   utilize California  National Guard rifle ranges  when not needed   for marksmanship practice when the ranges are not being used  by the  California  National Guard.  (b) Whenever practical, members of the California Cadet Corps shall be permitted to utilize California National Guard facilities for training activities.   SEC. 23.   Section 515 of the   Military and Veterans Code   is amended to read:  515.  Units   Within budgetary limitations, units  of the California Cadet Corps shall 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,   advisors  or by officers of the  California  National Guard, State Military Reserve  ,  or Naval Militia detailed by the Adjutant General for that purpose.  Such inspectors   Inspectors  shall report to the Adjutant General  the result of inspections relating to   regarding  the training,  target practice,   marksmanship,  attendance, discipline, military knowledge and instruction, leadership and condition of property of the California Cadet Corps.  Such report   These reports  shall  contain   consist of  an inventory of the state property on hand in the cadet units at the time of inspections  . Such reports   , and  shall be made and forwarded in duplicate, one copy to the  State  Superintendent of Public Instruction and one copy to the Adjutant General's office, and shall bear the endorsement of the president, director  , chief administrative officer,  or  other chief administrative officer of the college or community college or of the   college, community college, or  principal of the  high   college, community college, or  school, containing remarks the  said  officials may deem pertinent.  SEC. 24.   Section 516 of the   Military and Veterans Code   is amended to read:  516. The president, director  or  , chief administrative officer  , or principal  of a college  or   ,  community college  and the principal of the high   , or  school shall be responsible for all public property supplied to units of the California Cadet Corps under their control or supervision and shall  supervise the proper care thereof   ensure the property and equipment is properly secured and cared for  .  SEC. 25.   Section 516.1 of the   Military and Veterans Code   is amended to read:  516.1. An encampment or encampments may be held by the California Cadet Corps to be of such duration and attended by such proportion of the strength of the corps as may be prescribed by the Adjutant General. The expenses of  said  encampments may be paid out of  moneys   funds  appropriated for the maintenance  and support  of the California Cadet Corps.  SEC. 26.   Section 517 of the   Military and Veterans Code   is amended to read:  517. Each board of  high  school trustees, president, director and chief administrative officer of a college or community college, board of trustees of a college or community college, board of education, principal  or director  of a high school, county superintendent of schools  ,  and the  State  Superintendent of Public Instruction shall facilitate the purposes of the California Cadet Corps and its instruction and the provisions of this chapter by cooperating with the Adjutant General.  SEC. 27.   Section 518 of the   Military and Veterans Code   is amended to read:  518. The provisions of this chapter shall apply to all community colleges in this state, and the principals and governing boards of community colleges shall have the same authority as similar officials of  high  schools.  SEC. 28.   Section 519 of the   Military and Veterans Code   is amended to read:  519. Where a community college is located in close proximity to  any high   a  school having a  high school cadet   California Cadet Corps  company or companies, the governing boards of the community college and  high  schools may  by   enter into an  agreement  to  provide for the joint organization of cadet companies.  SEC. 29.   Section 520 of the   Military and Veterans Code   is amended to read:  520.  In all cases in which any   Any  executive officer, assistant executive officer, regional  or other supervisor of cadet instruction, and officers   advisor, or officer, warrant officer, or noncommissioned offer  appointed or detailed  ,  pursuant to Sections 502, 502.1, 512, 513, 515, or 516.1,  when in the performance of duty ordered by the Adjutant General, is   who is  wounded, injured, disabled  ,  or killed in the performance of ordered duty  and in line of duty, such executive officer, assistant executive officer, regional, or other supervisor of cadet instruction, or officers appointed or detailed, pursuant to Sections 502, 502.1, 512, 513, 515, or 516.1,  shall be entitled to receive compensation from the  State   state  in accordance with the provisions of Division 4  (commencing with Section 3200)  of the Labor Code. In all such cases,  such officers and those so appointed or detailed shall be held and   these individuals shall be  deemed to be employees of the  State   state  . The compensation  to be awarded to   for  any such  individual   officer and those so appointed or detailed  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 such injury or death, or the commencement of such disability, but such compensation shall in no case exceed the maximum prescribed in  Divison   Division  4  (commencing with Section 3200)  of the Labor Code. In  the determination of benefits to be awarded any such officer and those so appointed or detailed,   determining the benefits awarded t   o an individual  under the provisions of this section, it shall be conclusively presumed that the average yearly earning of such injured or deceased  officer   individual  is not less than  two   ten  thousand  five hundred  dollars  ($2,500)   ($10,000)  . Any injury, death  ,  or disability shall be deemed to have been suffered in line of duty unless the  same  injury, death, or disability  resulted from misconduct or disobedience of lawful orders by the injured or deceased  officer   individual  .  SEC. 30.  Section 520.1 of the   Military and Veterans Code   is amended to read:  520.1. The principal and governing board of any private educational institution or military academy in which  there is not maintained an   a J.R.O.T.C. or  R.O.T.C. unit  of high school or community college or college grade otherwise meeting the qualifications prescribed by this chapter and such rules and regulations not inconsistent therewith that may be adopted by the Adjutant General   is not maintained, but which otherwise meets the qualifications prescribed by this chapter and any rules and regulations that may be adopted by   the Adjutant General,  may apply to the Adjutant General for permission to establish a cadet company or cadet companies, battalions or regiments of the California Cadet Corps pursuant to this chapter. If the Adjutant General approves the petition, the principal and governing board of the private school shall have the same authority as similar officials of public  high  schools, community colleges  ,  or colleges to create units of and to become a member of the California Cadet Corps  , and the  . Any  cadet company  ,  or companies  ,  or  other cadet units   unit formed under this section  shall  in all respects  be governed by the provisions of this chapter  to the same extent  as though it were a public  high  school, community college  ,  or college.  SEC. 31.   Section 530 of the  Military and Veterans Code   is amended to read:  530. In any military academy, having not less than 80  male  students, uniformed, drilled, and instructed in strict accordance with the tactics of the regular United States Army, and in which the instruction is conducted in accordance with military principles, the military instructor or instructors or professors of military science and tactics of such academy regularly elected or appointed by the board of trustees or other lawful authority of the academy, may be commissioned in the California Cadet Corps with the rank of major or lower rank. Such officers shall exercise no authority or command except as military instructor or instructors or professors of military science and tactics of such academy. Such commissions shall be granted and may be revoked by the Adjutant General, under such rules and regulations as he  or she  may prescribe.  SEC. 32.   Section 531 of the   Military and Veterans Code   is amended to read:  531. The Adjutant General may enter into a cooperative agreement with the City of Oakland and a school district for the purposes of establishing an Oakland Military Institute. The program  will be a nonresidential military institute that  would provide a structured, disciplined environment that would be conducive to learning in a college preparatory environment. In addition to academic skills, students would develop leadership, self-esteem, and a strong sense of community.  SEC. 33.   Section 532 is added to the   Military and Veterans Code   , to read:   532. The Adjutant General may 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. The program would 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.   SECTION 1.   It is the intent of the Legislature to enact legislation that would amend the Military and Veterans Code to revise, enhance, and modernize provisions of the code, specifically Chapter 1 (commencing with Section 500) and Chapter 2 (commencing with Section 530) of Part 2 of Division 2 of the Military and Veterans Code, relating to youth programs administered by the Military Department or the California National Guard, or both.