BILL ANALYSIS Ó
SB 1413
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Date of Hearing: June 26, 2012
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Paul J. Cook, Chair
SB 1413 (Negrete-McCleod) - As Amended: June 19, 2012
SENATE VOTE : 38-0
SUBJECT : Adjutant General: support programs
SUMMARY : 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 these programs.
Specifically, this bill :
1. Repeals the authority of 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.
2. Authorizes the Adjutant General to adopt specified rules
and regulations for support programs for the Military
Department.
3. Authorizes the Adjutant General and the Military
Department to solicit and accept funds or other donations,
and requires these funds to be deposited in the California
Military Department Morale and Welfare Support Fund,
established by this bill.
4. 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.
5. Requires 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.
EXISTING LAW : Military and Veterans Code section 412.5
authorizes Adjutant General to:
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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.
4. Accept funds or other donations for the benefit of the
Military Department.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
1. Unknown, potentially significant costs for program, but
dependent upon the level of donations received (Private
Funds).
2. Minor costs for department rules/regulations, annual
report, and outreach (General Fund).
COMMENTS : According to the author, "The federal regulations
are designed for large military installations and do not fit the
environment of the California National Guard with its more than
100 small armories located across the state." In addition, the
current statute allows for MWR funds to be used for the benefit
of soldiers and airmen of the Guard, which might not include
those members of the Military Department on State Active Duty
status or in the State Military Reserve (SMR).
In the approximately eighteen months past there have been a
substantial number of allegations of misconduct at the
Department, allegations raised in multiple venues, including via
the press, to legislators and staff, through formal complaints,
and through whistleblower allegations, among others. These
allegations raised serious concerns about the integrity of the
Department. Some of these allegations involved personnel at the
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highest levels of the Department. A new Adjutant General has
come aboard at the Department and instituted many changes and
reforms with some of his top goals to restore any damage
sustained to the reputation of the Department and redress
previous missteps to the extent possible.
Caring for the morale, welfare, and regulation of soldiers and
their families is an important and traditional function.
Soldiers and their families are called upon to make extreme
sacrifices. Allowing the Department to seek private donations
to fund morale, welfare and recreation activities, particularly
in an austere funding climate is reasonable. However, morale,
welfare, and recreation is already a very broad spectrum of
activities, the bill seeks an even less defined category of
"support" activities.
Policy Concern: Is it prudent to allow the Department to create
a fund for any kind of support activities and to remove the
regulatory controls imposed by the federal government? It is
the case that the legislature must still appropriate funds
before they can be spent, and that the Department has agreed to
audit itself (and according to the author the employees
performing the audit are required to report improprieties
outside the chain of command).
Suggestions for amendment:
1. The author may wish to consider amendments to more
clearly define the permissible purposes for which funds may
be used.
2. Consider retaining federal regulatory applicability.
3. The author may wish to consider an audit by a third
party entity, rather than an internal audit.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
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None on file.
Analysis Prepared by : John Spangler / V. A. / (916) 319-3550