BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1413|
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CONSENT
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
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
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
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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
(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.
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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
a state department created by Military and Veterans Code
(MVC) �50, which reads "There shall be in the State
Government the Military Department."
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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
SUPPORT : (Verified 4/24/12)
California Military Department (source)
RM:mw 4/26/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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