BILL ANALYSIS
AB 563
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 563 (Cook)
As Amended September 3, 2009
2/3 vote. Urgency
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|ASSEMBLY: |78-0 |(May 11, 2009) |SENATE: |40-0 |(September 8, |
| | | | | |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)Provide that, for calendar year 2009 only, the minimum
contribution amount for the Fund shall be reduced to $250,000.
6)Add legislative findings noting that a statewide public purpose
is served in lowering the minimum contribution threshold for
calendar year 2009.
7)Add an urgency clause, allowing this bill to take effect
AB 563
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immediately upon enactment.
EXISTING LAW :
1)Allows taxpayers to designate on their personal income tax
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:
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
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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
FN: 0003090