BILL ANALYSIS �
SB 1413
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SENATE THIRD READING
SB 1413 (Negrete McLeod)
As Amended June 19, 2012
Majority vote
SENATE VOTE :38-0
VETERANS AFFAIRS 9-0 APPROPRIATIONS 17-0
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|Ayes:|Cook, Pan, Atkins, Block, |Ayes:|Gatto, Harkey, |
| |Gorell, Nielsen, V. | |Blumenfield, Bradford, |
| |Manuel P�rez, Williams, | |Charles Calderon, Campos, |
| |Yamada | |Davis, Donnelly, Fuentes, |
| | | |Hall, Hill, Cedillo, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
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SUMMARY : 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. 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.
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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 : Authorizes, under Military and Veterans Code
Section 412.5, the Adjutant General to:
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 Assembly Appropriations
Committee:
1)Unknown, potentially significant costs for support programs,
including facilities and equipment. These costs, however, are
contingent upon the Military Department's ability to raise
funding for support programs, and upon subsequent legislative
appropriation.
2)According to the Military Department, other states - Arkansas
and Florida are mentioned - have had success raising funds
from corporate and private sources. The department is unable
to estimate what a reasonable fiscal objective might be, and
why and which private sources might contribute to military
support programs.
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
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current statute allows for morale, welfare, and recreational
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 Military
Department (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 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.
Assembly Veterans Affairs Committee staff comment: Is it
prudent to allow the Department to create a fund for any kind of
support activities and to remove regulatory controls imposed by
the federal government?
Analysis Prepared by : John Spangler / V. A. / (916) 319-3550
FN: 0004934
SB 1413
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