Amended in Assembly April 1, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2664

Introduced by Assembly Member Quirk-Silva

February 21, 2014

An act to amend Section begin delete 250 end delete begin insert 412.5 end insert of the Military and Veterans Code, relating to the California National Guard.

LEGISLATIVE COUNSEL’S DIGEST

AB 2664, as amended, Quirk-Silva. California National Guard.

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Existing law authorizes the Adjutant General and the Military Department to solicit and accept funds or other donations for deposit in the California Military Department Support Fund. Money in the fund is available, upon appropriation, for specified purposes relating to the programs of the department.

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Former law, repealed by its own provisions, allowed taxpayers to designate on their tax returns that a specified amount in excess of their tax liability be transferred to the California Military Family Relief Fund, established to accept contributions from taxpayers and from other sources. Money in that fund, upon appropriation, was required to be allocated to the Military Department to provide financial aid grants to eligible members of the California National Guard. The former law provided that, notwithstanding repeal, any contribution amounts designated prior to repeal was to continue to be transferred and disbursed in accordance with those repealed provisions.

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This bill would establish the California National Guard Military Family Relief Fund as an account within the California Military Department Support Fund for the purpose of providing financial aid grants to eligible members of the California National Guard who are California residents and who have been called to active duty. The bill would require the department to establish eligibility criteria for the grants by January 1, 2015.

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The bill would transfer any and all moneys remaining in the California Military Family Relief Fund to the California Military Department Support Fund and would require those moneys to continue to be disbursed in accordance with the original intent of the contributions made by taxpayers to the California Military Families Relief Fund as established under former law.

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Existing law, except as specified, requires the qualifications for enlistment and reenlistment in the California National Guard and the term and the form of oath to conform to the laws of the United States and this state, and the regulations promulgated by the Department of the Army or the Department of the Air Force of the United States for the government and guidance of the National Guard.

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This bill would make technical, nonsubstantive changes to that provision.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 412.5 of the end insert begin insert Military and Veterans Code end insert
begin insert is amended to read: end insert

412.5.  

(a) Notwithstanding any other law, the Adjutant General
may do all of the following:

(1) Establish support programs, including, but not limited to,
morale, welfare, recreational, training, and educational programs
for the benefit of the Military Department, its components, and its
soldiers, airmen, cadets, and their family members.

(2) Establish, construct, or acquire facilities or equipment for
the purposes specified in paragraph (1).

(3) Adopt rules and regulations for all of the following:

(A) For the programs established pursuant to paragraph (1).

(B) For the solicitation and acceptance of funds authorized
pursuant to subdivision (b).

(C) For the establishment, deposit, and expenditure of military
post, welfare, or similar unit funds.

(4) Perform any other acts as may be necessary, desirable, or
proper to carry out the purposes of this section.

(b) (1) Notwithstanding any other law, the Adjutant General
and the Military Department may solicit and accept funds or other
donations which shall be deposited in the California Military
Department Support Fund, which is hereby established in the State
Treasury. The money in the fund is available, upon appropriation
by the Legislature, solely for the purposes prescribed by this
section.

(2) Section 11005 of the Government Code shall not apply to
the acceptance of funds or other donations pursuant to this
subdivision.

(3) It is the intent of the Legislature that funds appropriated to
the Military Department as provided by this section be used to
supplement, not supplant, funding appropriated to the Military
Department pursuant to any other law for the purposes prescribed
by this section.

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(c) (1) The California Military Department Support Fund shall
include the California National Guard Military Family Relief
Fund, a special fund as established within the California Military
Department Support Fund by subdivision (d).

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(2) For accounting and recordkeeping purposes, the California
Military Department Support Fund shall be deemed to be a single
special fund, and any special funds therein shall constitute and be
deemed to be a separate account in the California Military
Department Support Fund. Each account or fund shall be available
for expenditure only for the purposes as are now or may hereafter
be provided by law.

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(d) (1) Notwithstanding subdivision (d) of former Section 18709
of the Revenue and Taxation Code as added by Chapter 546 of the
Statutes of 2004, the California National Guard Military Family
Relief Fund is hereby established as an account within the
California Military Department Support Fund for the purpose of
providing financial aid grants to members of the California
National Guard who are California residents and who have been
called to active duty.

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(2) The Military Department shall establish eligibility criteria
for the grants by January 1, 2015. The criteria shall include, but
not be limited to, a demonstration of financial need.

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(3) In addition to criteria established by the Military Department
pursuant to paragraph (2), members of the California National
Guard shall show proof of all of the following to be eligible to
receive a grant pursuant to subdivision (d):

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(A) Current membership in the California National Guard.

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(B) Residency in California.

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(C) Deployment to active duty for at least 60 consecutive days.

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(4) Grants awarded pursuant to this subdivision may be used
only for food, housing, childcare, utilities, medical services,
medical prescriptions, insurance, and vehicle payments.

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(5) California National Guard members shall not be eligible to
receive a grant if the member receives a punitive discharge or an
administrative discharge with service characterized as under other
than honorable conditions.

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(c)

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begin insert (e) end insert  The Adjutant begin delete General shall, end delete begin insert General, end insert on or before March
31, 2014, and on or before begin delete March 31 end delete begin insert that date end insert each year thereafter,
begin insert shall end insert conduct an internal audit of the fund established begin delete pursuant to
subdivision end delete begin insert in accordance with subdivisions end insert (b) begin insert and (c) end insert and report
the findings of the audit to the Department of Finance.

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begin insert SEC. 2. end insert   

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(a) On January 1, 2015, any and all moneys remaining
in the California Military Family Relief Fund established by
Chapter 546 of the Statutes of 2004 are hereby transferred to, and
become part of, the California Military Department Support Fund,
in accordance with Section 412.5 of the Military and Veterans
Code.

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(b) The moneys transferred pursuant to subdivision (a) shall
continue to be disbursed in accordance with the original intent of
the contributions made by taxpayers to the California Military
Families Relief Fund established by Chapter 546 of the Statutes
of 2004.

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SECTION 1.  

Section 250 of the Military and Veterans Code
is amended to read:

250.  

The qualifications for enlistment and reenlistment in the
California National Guard and the term and the form of oath shall
conform to the laws of the United States and this state, and the
regulations promulgated by the Department of the Army or the
Department of the Air Force of the United States for the
government and guidance of the National Guard, except for former
enlisted members of the United States Army, United States Air
Force, United States Navy, or any reserve component thereof, who
were honorably separated but are no longer qualified for enlistment
under the laws of the United States.

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