California State Military Law

The California State Military Law is in effect as of January 1, 2013.


Senate Bill 807 was signed into law by Governor Jerry Brown to make military policy revisions regarding the California State Military, or state militia.

The California State Military is an authorized state defense force (militia) since 1846.  Its mission is articulated in the California Military and Veteran's Code § 550.

The California Military Department is a state agency defined under the California Military and Veterans Code § 50.

The Military Department includes the Office of the Adjutant General, the California National Guard, the California State Military Reserve, the California Cadet Corps, and the California Naval Militia (which was reactivated by Governor Jerry Brown in 1976).

The following new California military law spells out chain-of-command changes and other provisions regarding military rank and responsibilities.

Prior California state law provided that the California Governor is the Commander in Chief of the state militia, or the California State Military, and authorized the Governor to order the active militia or any portion of the militia to perform every description of military duty.

SB 807 specifies that the state active duty military force consists of service members in active state service when ordered by the Governor. The new law specifies and revises conditions for state active duty for service members, and authorizes the Adjutant General to proclaim, declare and issue regulations.

Prior law authorized the Governor to make rules and regulations in conformity with the California Military and Veterans Code that conform as nearly as practicable to those governing the Army, Air Force and Navy of the United States.

The new law now requires the Governor to direct the Adjutant General to make those rules and regulations.

Prior law specified the membership of the office of the Adjutant General, including one officer of the rank of brigadier general who is the Assistant Adjutant General, and specified that the Assistant Adjutant General is subordinate only to the Governor and the Adjutant General, and also specified two officers of the rank of brigadier general, one of whom was the Deputy Adjutant General-Army Division and the other who was the Deputy Adjutant General-Air Division.

The new law revises the ranks of officers in that office, by providing instead for one officer of the rank of brigadier general who is the Deputy Adjutant General, and would require his/her duties to be assigned by the Adjutant General.

SB 807, with regard to the Deputies Adjutant General, provides for two officers of the rank of brigadier general, one who is the Assistant Adjutant General-Army, and the other who is the Assistant Adjutant General-Air.

The new law also specifies one officer who is the Chief of Staff and Director of the Joint Staff.

Prior law previously required the Governor to appoint the Adjutant General, and also provided that the Adjutant General receive the same pay and allowances as received by a lieutenant general in the Army of the United States.

The new law requires the Governor to appoint the Adjutant General on state active duty in the grade of lieutenant general, and makes conforming changes to the provision relating to the pay and benefits of the Adjutant General.

Under prior law, in the event of the absence of the Adjutant General or of his/her inability to perform assigned duties, the officer designated by the Adjutant General or the senior officer in the Adjutant General’s Office performed those duties.

The new California military law now specifies that those duties are to be performed by the Deputy Adjutant General or other officer designated by the Adjutant General.

Senate Bill 807 was sponsored by Senator Lou Correa (D-Anaheim).

In plain English, what does the above really mean?

Effectively, the commander-in-chief of California's military has granted powers to the adjutant engeral similar to a U.S. Secretary of Defense.

Further, this new law now specifies a mandatory retirement age of 64 for members of the California State Military.  A leaner, younger, more potent defense force is the apparent goal.

As well, the point is clarified that California's "unorganized militia" consists of all able-bodied male citizens 18 to 45, whom are subject to emergency duty in their local communities upon the order of the California Military Department's Adjutant General.

The new California law is now in effect.