BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  SB 1413|
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                                 THIRD READING


          Bill No:  SB 1413
          Author:   Negrete McLeod (D)
          Amended:  As introduced
          Vote:     21

           
           SENATE VETERANS AFFAIRS COMMITTEE  :  5-0, 4/24/12
          AYES:  Correa, Cannella, Berryhill, Calderon, Rubio
          NO VOTE RECORDED:  Negrete McLeod, Runner, Lieu

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 5/24/12
          AYES:  Kehoe, Walters, Alquist, Dutton, Lieu, Price, 
            Steinberg


           SUBJECT  :    Adjutant General:  support programs

           SOURCE  :     California Military Department


           DIGEST  :    This bill repeals existing law which 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, and instead authorizes 
          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 these programs.  It authorizes 
          the Adjutant General and the Military Department to solicit 
          and accept funds or other donations, and it requires these 
          funds to be deposited in the Military Department Morale and 
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          Welfare Fund, established by this bill.  It requires 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.  
          Lastly, it requires the Adjutant General to conduct an 
          internal audit of this fund and report the findings of the 
          audit to the Department of Finance, as provided.

           ANALYSIS  :    

          Existing law:
          
          1. Allows the California Adjutant General to establish 
             rules and regulations for a morale, welfare, and 
             recreational activities fund for the benefit of soldiers 
             and airmen of the National Guard.

          2. Provides "other services" governing the fund as long as 
             they are in accordance with the regulations of the 
             Departments of the Army and Air Force and the National 
             Guard Bureau.

          3. Adopt rules and regulations for the establishment and 
             deposit of military post, welfare, or similar unit, or 
             organizational funds.

          4. Allows the California Adjutant General or the guard to 
             "accept funds or other donations for the benefit of the 
             Military Department."

          5. Prohibits the state, with certain exceptions, from gifts 
             and property without the approval of the Director of the 
             Department of Finance.

          6.  Prohibits the acquisition or hiring of real property in 
             fee, lesser estate, or interest by, or on behalf of, the 
             state without the approval of the Director of the 
             Department of General Services.

          This bill:

          1. Establishes a morale, welfare, and recreation fund, or 
             any other fund, for the California Military Department 

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             (CMD) to be available upon appropriation by the 
             Legislature for the establishment of support programs 
             for the construction or acquisition of facilities or 
             equipment for these programs as defined.

          2. Removes all limitations established by the Department of 
             the Army, Department of the Air Force, and the National 
             Guard Bureau.

          3. Gives the California Adjutant General authority to adopt 
             any rule or regulation he or she deems necessary for 
             establishing programs.

          4. Gives the California Adjutant General authority to 
             solicit money.

          5. Gives the California Adjutant General authority in 
             establishing and constructing facilities.

          6. Exempts CMD donations from oversight by the Director of 
             the Department of Finance until after the CMD has 
             conducted its own audits.

          7. Requires the Adjutant General to conduct an internal 
             audit of this fund and report findings of the audit to 
             the Department of Finance.

           Background

          California National Guard (CNG)  .  The CNG is the California 
          unit of the federally funded National Guard system.  Entire 
          units and select individuals of the militia can be 
          mobilized by the federal government at any time by federal 
          orders under Title 10 or Title 32 of the United States Code 
          (U.S.C.) The CNG must train to the standards of the active 
          Army and Air Force with which it will fight.  CNG soldiers 
          are federally recognized and earn federal pensions.  The 
          CNG is a fighting reserve component of the active military, 
          but can perform state-funded missions when not on federal 
          duty.  Therefore, the CNG has a health, morale, and welfare 
          fund like any other U.S. military force.

           California Military Department (CMD)  .  The CMD is not part 
          of the state militia (either active or unorganized).  It is 

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          a state department created by Military and Veterans Code 
          (MVC) §50, which reads "There shall be in the State 
          Government the Military Department."

          CMD is a state department no different than the Department 
          of Motor Vehicles, Department of General Services, 
          Department of Fish and Game, Department of Parks and 
          Recreation, Department of Transportation or the Department 
          of Veterans Affairs.  CMD has state civil servants just 
          like any other state department.

          The CMD was created in 1946 and given jurisdiction over the 
          California National Guard, the Naval Militia, and the 
          Office of the Adjutant General.

           State Military Reserve (SMR)  .  The SMR was created in 1949 
          as a new component of the active militia.  According to 
          state law, SMR personnel compose a unit "additional to and 
          distinct from" the national guard militia unit (MVC 550) 
          and cannot legally be deployed to theaters of war.

           California Conservation Corps (CCC)  .  In 1976, the CCC was 
          created and was put under the jurisdiction of the military 
          department.  The average term of service is nine months.

           Youth academies  .  These academies are a national guard 
          program partly funded by the state.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

          According to the Senate Appropriations Committee:

           Unknown, potentially significant costs for program, but 
            dependent upon the level of donations received (Private 
            Funds).

           Minor costs for department rules/regulations, annual 
            report, and outreach (General Fund).

           SUPPORT  :   (Verified  5/24/12)

          California Military Department (source)


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          RM:mw  5/24/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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