BILL NUMBER: SB 1413	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 19, 2012

INTRODUCED BY   Senator Negrete McLeod

                        FEBRUARY 24, 2012

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1413, as amended, Negrete McLeod. Adjutant General: support
programs.
   Existing law authorizes 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.
   This bill would repeal that authorization.
   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 authorize the Adjutant General to establish
specified support programs for the benefit of the Military
Department, its components, and its soldiers, airmen, cadets, and
their family members and to establish, construct, or acquire
facilities or equipment for  theses   these
 programs.  This bill would also authorize the Adjutant
General to adopt specified rules and regulations.  This bill
would authorize the Adjutant General and the Military Department to
solicit and accept funds or other donations, and would require these
funds to be deposited in the  California  Military
Department  Morale and Welfare   Support 
Fund, established by this bill. This bill would require the money in
the fund to be available, upon appropriation by the Legislature, for
the establishment of the support programs and for the establishment,
construction, or acquisition of facilities or equipment for these
programs. This bill would require the Adjutant General to conduct an
internal audit of this fund and  to  report the findings of
the audit to the Department of Finance, as provided.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 412.5 of the Military and Veterans Code is
repealed.
  SEC. 2.  Section 412.5 is added to the Military and Veterans Code,
to read:
   412.5.  (a) Notwithstanding any other law, the Adjutant General
may do all of the following:
   (1) Establish support programs, including, but not limited to,
morale, welfare, recreational, training, and educational programs for
the benefit of the Military Department, its components, and its
soldiers, airmen, cadets, and their family members.
   (2) Establish, construct, or acquire facilities or equipment for
the purposes specified in paragraph (1).
   (3) Adopt rules and regulations for all of the following:
   (A) For the programs established pursuant to paragraph (1).
   (B) For the solicitation and acceptance of funds authorized
pursuant to subdivision (b). 
   (C) For the establishment, deposit, and expenditure of military
post, welfare, or similar unit funds. 
   (4) Perform any other acts as may be necessary, desirable, or
proper to carry out the purposes of this section.
   (b) (1) Notwithstanding any other law, the Adjutant General and
the Military Department may solicit and accept funds or other
donations which shall be deposited in the  California 
Military Department  Morale and Welfare  
Support  Fund, which is hereby established in the State
Treasury. The money in the fund is available, upon appropriation by
the Legislature,  solely  for the purposes 
specified in paragraphs (1) and (2) of subdivision (a)  
prescribed by this section  .
   (2) Section 11005 of the Government Code shall not apply to the
acceptance of funds or other donations pursuant to this subdivision.

   (3) It is the intent of the Legislature that funds appropriated to
the Military Department as provided by this section be used to
supplement, not supplant, funding appropriated to the Military
Department pursuant to any other law for the purposes prescribed by
this section. 
   (c) The Adjutant General shall, on or before March  1
  31  , 2014, and on or before March  1
  31  each year thereafter, conduct an internal
audit of the fund established pursuant to subdivision (b) and report
the findings of the audit to the Department of Finance.