BILL NUMBER: SB 818	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Veterans Affairs (Senators Denham
(Chair), Cedillo, Correa, Maldonado, Negrete McLeod, Wiggins, and
Wyland)

                        MARCH 5, 2009

   An act to amend Sections 179 and 179.5 of the Military and
Veterans Code, relating to military and veterans.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 818, as introduced, Committee on Veterans Affairs. California
State Military Museum and Resource Center.
   (1) Existing law authorizes the Adjutant General, the commander of
all state military forces, to establish a California State Military
Museum and Resource Center as a repository for military artifacts,
memorabilia, equipment, documents, and other items relating to the
history of the California National Guard.
   Existing law authorizes the Adjutant General to enter into an
operating agreement with the California State Military Museum
Foundation, a California nonprofit public benefit corporation that is
tax exempt under Section 501(c)(3) of the Internal Revenue Code,
under which the foundation operates the California State Military
Museum and Resource Center in coordination with the California State
Military Reserve's California Center for Military History.
   Existing law provides that the board of trustees of the foundation
is the governing authority for operations funded through moneys
received by the foundation, and requires the board of trustees to
submit an audit report annually to the Adjutant General.
   Existing law also requires the board of trustees to submit a
business plan for the following fiscal year no later than January 10
of each year, and any formal amendments to the business plan to the
Adjutant General, the Director of Finance, and the Chair of the Joint
Legislative Budget Committee for review and comment.
   This bill would substitute "board of directors" for "board of
trustees" wherever that term appears. This bill would also require
the Board of Directors of the California State Military Foundation to
submit an audit report, no later than October 15 of each year, to
the Adjutant General, the Chair of the Joint Legislative Audit
Committee, the Chair of the Joint Legislative Budget Committee, and
the Director of Finance.
   This bill would require the board of directors to submit a
business plan for the following fiscal year no later than October 15
of each year.
   (2) Existing law requires the Adjutant General to provide suitable
accommodations within the California National Guard Military Museum
and Resource Center for the care and display of the display cabinets
that were once used to display, at the State Capitol, the books,
papers, and other artifacts relating to the Grand Army of the
Republic, and permits the Adjutant General to make arrangements for
use of the display cabinets in the public display of the artifacts
throughout the state.
   This bill would substitute "California State Military Museum and
Resource Center" for "California National Guard Military Museum and
Resource Center" wherever that term appears.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 179 of the Military and Veterans Code is
amended to read:
   179.  (a) The Adjutant General shall establish a California State
Military Museum and Resource Center as a repository for military
artifacts, memorabilia, equipment, documents, and other items
relating to the  military  history of California, and to
the history of  the California National Guard, in accordance
with applicable regulations of the United States Army governing Army
museum activities. The museum shall consist of the facility described
in the Proclamation of the Governor dated May 11, 1994, and any
branches as may currently exist or may from time to time be created
throughout the state. Each facility shall be deemed to be an armory
within the meaning of Section 430.
   (b) The Adjutant General shall enter into an operating agreement
with the California  State  Military Museum Foundation,
formerly known as the California National Guard Historical Society,
an existing California nonprofit public benefit corporation that is
tax exempt under Section 501(c)(3) of the Internal Revenue Code.
Under the operating agreement with the Adjutant General, the
foundation shall operate the California State Military Museum and
Resource Center in coordination with the California State Military
Reserve's California Center for Military History. The foundation
shall develop, administer, interpret, and manage museum historical
programs and related public services, and acquire and manage funding
for museum programs and services.
   (c) Volunteers, docents, members of the California State Military
Reserve, or others working with or for the California  State
 Military Museum Foundation  ,  for purposes consistent
with the mission of the organization, shall be considered volunteers
under Sections 3118 and 3119 of the Government Code and Section
3363.5 of the Labor Code.
   (d) The Board of  Trustees   Directors 
of the California  State  Military Museum Foundation shall
include the Adjutant General, or the Assistant Adjutant General, or
any Deputy Adjutant General designated by the Adjutant General, as an
ex officio voting member of the board. The board of 
trustees   directors  of the foundation shall be
the governing authority for operations funded through moneys received
by the foundation. The board of  trustees  
directors  of the foundation shall  , no later than October
15 of each year,  submit an audit report  annually
 to the Adjutant General  . The board of trustees of
the foundation shall submit copies of annual audit reports to the
Director of Finance  , the Chair of the Joint Legislative
Audit Committee,  and  the Chair of the Joint
Legislative Budget Committee  . No funds raised or assets
acquired by the foundation shall be used for purposes inconsistent
with support of the museum  , and the Director of
Finance  . 
   (e) No funds raised or assets acquired by the foundation shall be
used for purposes inconsistent with support of the museum. 

   (e) 
    (f)  The Board of  Trustees  
Directors  of the California  State  Military Museum
Foundation shall, no later than  January 10  
October 15  of each year, submit a business plan for the
following fiscal year to the Adjutant General, the Director of
Finance, and the Chair of the Joint Legislative Budget Committee for
review and comment. The board of  trustees  
directors  shall also submit, not less than 30 days prior to
adoption, any proposed formal amendments to the business plan to the
Adjutant General, the Director of Finance, and the Chair of the Joint
Legislative Budget Committee for review and comment. 
   (f) 
    (g)  (1) The Adjutant General or the California State
Military Museum Foundation may solicit, receive, and administer
donations of funds or property for the support and improvement of the
museum. Any grants or donations received may be expended or used for
museum purposes.
   (2) Property of historical military significance, not including
real property, that is owned by the state and is determined by the
Adjutant General to be in excess of the needs of the Military
Department, shall be transferred to the museum.
   (3) Property determined by the California State Military Museum
Foundation to be in excess of the needs of the museum may be sold,
donated, exchanged, or otherwise disposed of, at its discretion, in a
manner appropriate to the historical and intrinsic value of the
property, and the benefits from the disposition shall inure to the
museum. This paragraph does not apply to property held in trust for
the Controller pursuant to Section 1563 of the Code of Civil
Procedure. 
   (g) 
    (h)  The Adjutant General or the California State
Military Museum Foundation may solicit and receive firearms and other
weaponry confiscated by or otherwise in the possession of law
enforcement officers as donations to the museum if he or she deems
them to be of historical or military interest. 
   (h) 
    (i)  The Adjutant General shall, in cooperation with the
California State Military Museum Foundation, conduct a study of the
future needs of the National Guard to preserve, display, and
interpret artifacts, documents, photographs, films, literature, and
other items relating to the history of the military in California.

   (i) 
    (j)  (1) The California State Military Museum Foundation
may enter into agreements with other military museums in California,
including, but not limited to, the Legion of Valor Museum, to loan
property that is not real property and that is under the direct
control of the foundation.
   (2) The California State Military Museum  Foundation  may
enter into agreements with other military museums in California to
loan property held in trust for the Controller pursuant to Section
1563 of the Code of Civil Procedure.
  SEC. 2.  Section 179.5 of the Military and Veterans Code is amended
to read:
   179.5.  (a) The Legislature acknowledges that certain artifacts of
the Grand Army of the Republic that were at one time stored or
displayed in the State Capitol were the personal property of certain
members of the Civil War Roundtable. The Legislature acknowledges
that those artifacts have been donated to, and are now in the custody
of, the California  National Guard   State
 Military Museum and Resource Center, and are, thus, not the
subject of this section.
   (b) The Civil War memorabilia that are still located at the State
Capitol and that are the subject of this section consist of the
following:
   (1) A display cabinet that once contained, among other things,
artifacts of the Grand Army of the Republic that have since been
donated by the Civil War Roundtable to the California 
National Guard   State  Military Museum and
Resource Center mentioned in subdivision (a).
   (2) Certain flags of the Grand Army of the Republic that have
been, and continue to be, stored or displayed in the State Capitol.
   (3) One or more paintings of the Civil War era that were donated
to the state.
   (4) Other remaining artifacts of the Grand Army of the Republic,
and Civil War memorabilia.
   (c) The articles specified in subdivision (b) shall be stored,
cared for, or displayed as follows:
   (1) The Adjutant General shall provide suitable accommodations
within the California  National Guard   State
 Military Museum and Resource Center for the care and display of
the display cabinet that was once used to display at the State
Capitol the books, papers, and other artifacts relating to the Grand
Army of the Republic and may make suitable arrangements for the use
of this cabinet for the public display of these articles in locations
throughout the state.
   (2) Suitable facilities shall be provided at the State Capitol for
storage or display within the State Capitol of the flags as set
forth in paragraph (2) of subdivision (b), of the Civil War era
paintings donated to the state as set forth in paragraph (3) of
subdivision (b), and of other remaining artifacts and Civil War
memorabilia as set forth in paragraph (4) of subdivision (b).