BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1413| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED SB 1413 Page 2 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 CONTINUED SB 1413 Page 3 (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 CONTINUED SB 1413 Page 4 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) CONTINUED SB 1413 Page 5 RM:mw 5/24/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED