The military: defense of the state., the official text

An act to add Part 3 (commencing with Section 570) to Division 2 of the Military and Veterans Code, relating to the military.

LEGISLATIVE COUNSEL'S DIGEST

Existing federal law establishes the militia of the United States, specifies who is eligible to be a part of the militia, divides the militia into the organized and unorganized militia, and defines the organized militia as the National Guard and the Naval Militia. Existing federal law authorizes the President of the United States to call units of the National Guard of any state into federal service if certain criteria are met. Existing federal law, the Emergency Management Assistance Compact, authorizes member states to provide for mutual assistance between the states in managing a disaster that is declared by the governor of the affected state.
Existing law establishes within state government a Military Department that includes, among other things, the office of the Adjutant General, the California National Guard, and the State Guard. Under existing law, the militia of the state is comprised of the California National Guard, the State Guard, the Naval Militia, and the unorganized militia. Existing law makes the Governor, by virtue of holding their office, the commander in chief of the militia of the state.
This bill would prohibit military personnel of another state, territory, or district from entering, or causing something to enter, the state to perform military duty or law enforcement functions for another state without the permission of the Governor, except as specified.

The people of the State of California do enact as follows:

SECTION 1.
Part 3 (commencing with Section 570) is added to Division 2 of the Military and Veterans Code, to read:
3.
Defense of the State570.
(a) Military personnel of another state, territory, or district shall not enter, or cause something to enter, the state to perform military duty or law enforcement functions for another state without the permission of the Governor.
(b) This section does not apply to any of the following:
(1) Military personnel of another state, territory, or district who have been called into active federal service under Title 10 of the United States Code and who are acting under the authority of the President of the United States or the United States Secretary of Defense.
(2) A military compact entered into between one or more states prior to January 1, 2027.
(3) An educational course or training exercise involving military personnel of another state, territory, or district taking place in California.
(c) The Governor may delegate the authority to grant permission to enter the state, as described in subdivision (a), to the Adjutant General.