BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 1413
Author: Negrete McLeod (D)
Amended: 6/19/12
Vote: 21
SENATE VETERANS AFFAIRS COMMITTEE : 5-0, 4/24/12
AYES: Correa, Cannella, Berryhill, Calderon, Rubio
NO VOTE RECORDED: Negrete McLeod, Runner, Lieu
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/24/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
SENATE FLOOR : 38-0, 5/29/12
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De Le�n, DeSaulnier, Dutton,
Emmerson, Evans, Fuller, Gaines, Hancock, Harman,
Hernandez, Huff, Kehoe, Leno, Lieu, Liu, Lowenthal,
Negrete McLeod, Padilla, Pavley, Price, Rubio, Simitian,
Steinberg, Strickland, Vargas, Walters, Wolk, Wright,
Wyland, Yee
NO VOTE RECORDED: La Malfa, Runner
ASSEMBLY FLOOR : 79-0, 8/23/12 - See last page for vote
SUBJECT : Adjutant General: support programs
SOURCE : California Military Department
DIGEST : This bill authorizes the Adjutant General to
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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.
Assembly Amendments make technical and clarifying changes.
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. Repeals the authority of the Adjutant General to
establish rules and regulations for the provision of
morale, welfare, and recreational activities for members
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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.
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.
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
According to the Assembly Appropriations Committee, there
are 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.
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.
SUPPORT : (Verified 8/23/12)
California Military Department (source)
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ASSEMBLY FLOOR : 79-0, 08/23/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell,
Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Hill,
Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara,
Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller,
Mitchell, Monning, Morrell, Nestande, Nielsen, Norby,
Olsen, Pan, Perea, V. Manuel P�rez, Portantino, Silva,
Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Roger Hern�ndez
RM:m 8/25/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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