Section § 1

Explanation

This section establishes the official name of the act as the Military and Veterans Code.

This act shall be known as the Military and Veterans Code.

Section § 2

Explanation

This section of the code says that if any part of it is very similar to old laws on the same topic, it should be seen as a continuation or restatement of those old laws, not something completely new.

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.

Section § 3

Explanation

If you already have a government job that's affected by the changes in this law, and your position still exists in the new system, you can keep your job as long as you were supposed to, based on the old rules.

All persons who, at the time this code goes into effect, hold office under any of the acts repealed by this code, which offices are continued by this code, shall continue to hold the same according to the former tenure thereof.

Section § 4

Explanation

This section means that if a legal action was started or a right was established before the education code came into effect, those won't be changed by the new code. However, future steps in those cases should follow the new rules as much as they can.

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.

Section § 5

Explanation

This section states that unless a specific situation demands a different interpretation, the guidelines provided next will help interpret the rest of this code.

Unless the context otherwise requires, the general provisions hereinafter set forth shall govern the construction of this code.

Section § 6

Explanation

The titles and headings used in this document are just for organizational purposes. They do not influence or alter the actual meaning or application of the laws stated in this code.

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.

Section § 7

Explanation

This law says that if a government officer is given a certain power or task by the code, they can delegate it to their deputy or someone legally authorized, unless the law specifically says otherwise.

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.

Section § 8

Explanation

This section of the law states that any required communication, like a notice, report, statement, or record, must be in written form. It should be understandable visually and written in English unless specifically stated otherwise in the code.

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.

Section § 9

Explanation

This section states that whenever any part of the code or laws of California, the United States, or military rules is mentioned, it also includes all current and future changes and additions to those laws.

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.

Section § 10

Explanation

In this section, whenever the term 'section' is used, it generally refers to a section of this specific code. If another law or statute is meant, it will be clearly stated.

“Section” means section of this code unless some other statute is specifically mentioned.

Section § 11

Explanation

This rule means that when interpreting legal documents, references to actions in the present tense can also apply to those actions if they happened in the past or will happen in the future.

The present tense includes the past and future tenses; and the future, the present.

Section § 12

Explanation

This law means that if a word in a legal document is written in singular form, it can also refer to multiple things. Similarly, if it's written in plural form, it can represent just one thing.

The singular number includes the plural, and the plural the singular.

Section § 13

Explanation

This law clarifies that when you come across the term "county" in this context, it also covers both individual cities and combined city-counties.

“County” includes city and county.

Section § 14

Explanation

This legal section clarifies the meaning of two words often used in laws. "Shall" means you must do something, while "may" means you have the option to do it but it's not required.

“Shall” is mandatory and “may” is permissive.

Section § 15

Explanation

This section explains that in the context of this law, whenever someone refers to an 'oath,' it also covers affirmations. This means both sworn oaths and solemn affirmations are considered equivalent.

“Oath” includes affirmation.

Section § 16

Explanation

This section states that in specific military-related situations, certain officials are allowed to administer oaths both inside and outside of California. These officials include those authorized under the U.S. Uniform Code of Military Justice, like the Adjutant General, National Guard officers, and Naval Militia officers, with some exceptions for reservists and retirees. Importantly, no fees can be charged for administering these oaths. In other cases under this code, oaths can be administered by anyone legally authorized to do so.

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.

Section § 17

Explanation

This law section explains what counts as a 'signature' or 'subscription' when someone can't write. It says that a mark can serve as your signature if someone writes your name near the mark and adds their own name as a witness. For the mark to count as your signature on a sworn statement, it needs two witnesses who sign near it.

“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.

Section § 18

Explanation

This section explains how the term "war" is defined for employees of California’s public sector, including state, county, city, and other municipal workers, who are in military service. "War" occurs in three situations: when Congress declares war and peace hasn't been re-established, when the U.S. is involved in military actions against a foreign power even without a formal war declaration, or when the U.S. supports United Nations military efforts to restore peace.

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.

Section § 19

Explanation

This law clarifies that when California legal language mentions a 'spouse,' it also means a 'registered domestic partner,' ensuring equal treatment under the law.

“Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.