BILL ANALYSIS
AB 563
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CONCURRENCE IN SENATE AMENDMENTS
AB 563 (Cook)
As Amended August 17, 2009
2/3 vote. Urgency
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|ASSEMBLY: |78-0 |(May 11, 2009) |SENATE: |38-0 |(August 27, |
| | | | | |2009) |
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Original Committee Reference: REV. & TAX.
SUMMARY : Modifies the statutory provisions governing the
California Military Family Relief Fund (Fund).
The Senate amendments :
1)Replace references to "reserve members" with references to
reserve members and California National Guard (Guard) members.
2)Delete provisions specifying that moneys transferred to the
Fund before January 1, 2009, shall be reserved for the Guard.
3)Delete language providing that the awarding of Fund grants
shall be governed by a Memorandum of Agreement (MOA),
developed by a working group comprised of officers or members
of a nonprofit organization selected by the state Military
Department that describes the procedures and requirements for
participation in the grant program.
4)Modify the grant eligibility criteria. Specifically, provide
that a member shall be eligible if, in addition to meeting
other criteria, the member was injured while serving on active
duty and has been discharged from federal active duty and is
actively seeking assistance through the United States
Department of Veterans' Affairs with regard to disability
compensation benefits or treatment, or both.
5)Add an urgency clause allowing this bill to take effect
immediately upon enactment.
EXISTING LAW :
1)Allows taxpayers to designate on their personal income tax
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returns a contribution to any of 15 voluntary contribution
funds, including this Fund.
2)Provides that all moneys transferred to this Fund, upon
appropriation by the Legislature, shall be allocated as
follows:
a) To the Franchise Tax Board and the State Controller for
reimbursement of all costs incurred in administering the
checkoff; and,
b) To the Military Department for the establishment of
financial aid grants to reserve members of the Armed Forces
who are California residents called to active duty.
3)Provides that the Military Department shall establish
eligibility criteria for the grants.
4)Defines the Military Department to include:
a) The office of the Adjutant General;
b) The Guard;
c) The State Military Reserve;
d) The California Cadet Corps; and,
e) The Naval Militia.
5)Specifies that it is the Legislature's intent that every
qualified reserve member, regardless of branch, in need of
emergency assistance, be able to receive a grant.
6)Provides that, to ensure the objective administration of
grants, the awarding of Fund grants shall be governed by a
MOA, developed by a working group comprised of representatives
from at least three reserve components, which describes the
procedures and requirements for participation in the grant
program.
7)Requires all organizations participating in the grant program
be signatories of the MOA.
AS PASSED BY THE ASSEMBLY , this bill:
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1)Provided that the MOA would be developed by a working group
comprised of officers or members of a nonprofit organization
selected by the state Military Department (instead of a
working group comprised of representatives from at least three
reserve components).
2)Deleted the requirement that all organizations participating
in the grant program must be signatories of the MOA and,
instead, provided that the MOA must be signed by a
representative with authority to bind the nonprofit
organization selected by the state Military Department.
3)Made other technical and non-substantive amendments to the
Fund statute.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : The author states, "I was proud to author AB 3016 in
2008, a bill that expanded eligibility for our California
Military Family Relief Fund, to allow applicants from all
branches of the military. However, given the complexity of the
issue, I have since learned that our language needs a few simple
fixes in order to allow legal participation by service men and
women in branches other than the California National Guard. In
short, this is largely a technical bill, but is essential [to]
moving this program forward, so that we may help qualified
applicants."
Committee Staff Comments: Last year, the author carried AB
3016, Chapter 645, Statutes of 2008, to expand Fund grant
eligibility to reserve members of the United States Armed
Forces. Prior to AB 3016's passage, grants were restricted to
members of the Guard. The author states this bill is needed to
resolve concerns that the grant program, as currently set up,
may unintentionally violate the Department of Defense's Joint
Ethics Regulations.
Analysis Prepared by : M. David Ruff / REV. & TAX. / (916)
319-2098
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FN: 0002391