BILL NUMBER: SB 73	CHAPTERED  09/02/03

	CHAPTER  248
	FILED WITH SECRETARY OF STATE  SEPTEMBER 2, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 1, 2003
	PASSED THE ASSEMBLY  JULY 29, 2003
	PASSED THE SENATE  MAY 8, 2003

INTRODUCED BY   Senator Alpert

                        JANUARY 21, 2003

   An act to amend Section 431 of, and to add Section 412.5 to, the
Military and Veterans Code, relating to the state militia.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 73, Alpert.  National Guard.
   Existing law requires the Adjutant General to perform various
duties with regard to the National Guard that are consistent with
regulations and customs of the federal military organizations, as may
be prescribed  by the Governor.
   This bill would permit the Adjutant General to establish rules and
regulations for the provision of morale, welfare, and recreational
activities for members of the National Guard, in accordance with
federal military regulations.
   The bill would also permit the Adjutant General or the National
Guard to accept donations for the benefit of the Military Department.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 412.5 is added to the Military and Veterans
Code, to read:
   412.5.  (a) Notwithstanding any other provision of law, the
Adjutant General may do all of the following:
   (1) Establish rules and regulations in accordance with Army, Air
Force, and National Guard Bureau regulations for the provision of
morale, welfare, and recreational activities that benefit soldiers
and airmen of the National Guard.
   (2) Provide other services, in accordance with the regulations of
the Department of the Army, the Department of the Air Force, and the
National Guard Bureau, governing morale, welfare, and recreation fund
activities.
   (3) Adopt rules and regulations for the establishment and deposit
of military post, welfare, or similar unit, or organizational funds.

   (b) The Adjutant General or the National Guard may accept funds or
other donations for the benefit of the Military Department.
  SEC. 2.  Section 431 of the Military and Veterans Code is amended
to read:
   431.  (a) The Adjutant General may, either directly or through
armory boards, or through subordinate commanders, lease or otherwise
authorize the use of, by any person for any lawful purpose, manage,
supervise all activities in, perform all necessary military duties
with respect to and control all armories that are built or acquired
by the state, that come into possession or control of the state, or
that are erected, purchased, leased, or provided or contributed to,
in whole or in part, by any city, county, political subdivision, or
district, or by anyone, for armory purposes.
   (b) The Adjutant General may contract with the United States for
the operation of any armory for purposes of training of federal
military personnel, with provision that all state costs related to
that operation shall be reimbursed by the United States.
   (c) All revenues or income from any armory shall be paid to the
Adjutant General who shall account for the revenues or income to the
Controller at the close of each month in the form that the Controller
prescribes and shall deposit the revenues and income into the
Treasury to the credit of the Armory Discretionary Improvement
Account, which is hereby created, in the General Fund.  The revenues
and income in the account shall be available, when appropriated, to
the Adjutant General, for allocation for the maintenance, repairs,
improvements, and operating expenses necessary or desirable for
increased or improved community utilization of the facilities of the
armory from which the revenues and income were derived.
   (d) The Adjutant General, on May 1st of each year, shall submit to
the Department of General Services and obtain approval of a schedule
of rental, license, or lease fees for each state-owned or leased
armory by location.  This schedule, when approved by the Department
of General Services, shall be used by the Adjutant General during the
next succeeding fiscal year to determine the minimum rental,
license, or lease fees to be charged the renter, licensee, or lessor.