AB 361: Military Department: support programs.
- Session Year: 2019-2020
- House: Assembly
- Latest Version Date: 2019-07-12
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Date
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Status
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| Jul 12, 2019 | Chaptered by Secretary of State - Chapter 86, Statutes of 2019. |
| Jul 12, 2019 | Approved by the Governor. |
| Jul 8, 2019 | Enrolled and presented to the Governor at 3:30 p.m. |
| Jul 1, 2019 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jul 1, 2019 | Read third time. Passed. Ordered to the Assembly. |
| Jun 25, 2019 | Read second time. Ordered to Consent Calendar. |
| Jun 24, 2019 | From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar. |
| Jun 11, 2019 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 11). Re-referred to Com. on APPR. |
| May 16, 2019 | Referred to Com. on V.A. |
| May 2, 2019 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 2, 2019 | Read third time. Passed. Ordered to the Senate. |
| Apr 25, 2019 | Read second time. Ordered to Consent Calendar. |
| Apr 24, 2019 | From committee: Do pass. To Consent Calendar. (Ayes 18. Noes 0.) (April 24). |
| Apr 11, 2019 | Re-referred to Com. on APPR. |
| Apr 10, 2019 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 9). Re-referred to Com. on APPR. |
| Apr 1, 2019 | Re-referred to Com. on V.A. |
| Mar 28, 2019 | From committee chair, with author's amendments: Amend, and re-refer to Com. on V.A. Read second time and amended. |
| Mar 28, 2019 | Referred to Com. on V.A. |
| Feb 5, 2019 | From printer. May be heard in committee March 7. |
| Feb 4, 2019 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Jul 1, 2019 | Consent Calendar AB361 | Senate Floor |
Passed |
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| Jun 11, 2019 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Veterans Affairs |
Passed |
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| May 2, 2019 | AB 361 Voepel Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
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| Apr 24, 2019 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
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| Apr 9, 2019 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Veterans Affairs |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 361 |
CONSENT
Bill No: AB 361
Amended: 4/10/19 in Assembly
SENATE VETERANS AFFAIRS COMMITTEE: 7-0, 6/11/19
AYES: Archuleta, Grove, Hurtado, Nielsen, Roth, Umberg, Wilk
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 76-0, 5/2/19 (Consent) - See last page for vote
SUBJECT: Military Department: support programs
DIGEST:
This bill authorizes the Adjutant General (TAG) and the California Military Department (CMD) to enter into agreements with specified entities, including nonprofit and military or veteran foundations, to conduct CMD Support Fund activities, and to accept in-kind donations.
Existing law:
- Authorizes TAG to establish support programs, including morale, welfare, recreational, training, and educational programs, for the benefit of the CMD. (MVC § 412.5)
- Authorizes TAG and the CMD to solicit and accept funds or other donations, to be deposited into the Military Department Support Fund (MDSF). (MVC § 412.5)
This bill:
- Names the support programs established by TAG, the California Military Department Foundation.
- Authorizes TAG and the CMD to enter into agreements with specified entities, including nonprofit and military or veteran foundations, to conduct MDSF activities, and to accept in-kind donations.
Background
Existing law allows the CMD to conduct its own fundraising. This law is similar in concept to the federal Morale, Welfare, and Recreation (MWR) laws but is far more powerful and provides greater capabilities. The statute creating the MDSF authorizes TAG to establish specified support programs for the benefit of California Service Members and their families, and to support military sponsored youth programs throughout the state. The CMD is authorized to solicit and accept funds, donations, equipment, services, and more from private individuals and companies.
Although fundraising has been successful, the regulatory process of expending the funds has been arduous, which ultimately affects service members in dire need of assistance.
For example, a number of National Guard service members were impacted by last year’s Camp Fire, however, the CMD was not able to use donated funds available in the MDSF because the state purchasing systems are not designed to allow these types of short-notice emergency transactions. In fact, to approve a grant for a service member in need, it could take several weeks or months to process the payment through FI$Cal and get the money to the service member.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
None received
OPPOSITION: (Verified 6/25/19)
None received
ARGUMENTS IN SUPPORT: According to the author, “It is imperative that service members experiencing unforeseen hardships are able to find immediate relief through the California Military Department Foundation. Providing the Foundation with a mechanism to expeditiously provide privately donated funds – specifically intended to support a broad variety of essential programs that benefit the Soldiers, Airmen, and cadets of the Military Department – to at-need Soldiers and Airmen is in the best interest of the service members who diligently serve our state and nation. AB 361 fully realizes the Legislature’s intent of proving a true MWR benefit to the members of the California Military Department.”
ASSEMBLY FLOOR: 76-0, 5/2/19
AYES: Aguiar-Curry, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon
NO VOTE RECORDED: Arambula, Grayson, Mullin, Quirk
Prepared by: Veronica Badillo / V.A. / (916) 651-1503
6/26/19 15:44:13
**** END ****
SENATE COMMITTEE ON VETERANS AFFAIRS
Senator Bob Archuleta, Chair
2019 - 2020 Regular
Bill No: AB 361 Hearing Date: 6/11/19
Author: | Voepel | ||
Version: | 4/10/19 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Veronica Badillo | ||
Subject: Military Department: support programs
DESCRIPTION
Summary:
This bill would authorize the Adjutant General (TAG) and the California Military Department (CMD) to enter into agreements with specified entities, including nonprofit and military or veteran foundations, to conduct CMD Support Fund activities, and to accept in-kind donations.
Existing law:
1) Authorizes TAG to establish support programs, including morale, welfare, recreational, training, and educational programs, for the benefit of the CMD (MVC § 412.5);
2) Authorizes TAG and the CMD to solicit and accept funds or other donations, to be deposited into the MDSF (MVC § 412.5).
This bill:
1) Names the support programs established by TAG, the California Military Department Foundation.
2) Authorizes TAG and the CMD to enter into agreements with specified entities, including nonprofit and military or veteran foundations, to conduct CMD Support Fund (MDSF) activities, and to accept in-kind donations.
BACKGROUND
Existing law allows the CMD to conduct its own fundraising. This law is similar in concept to the federal Morale, Welfare, and Recreation (MWR) laws but is far more powerful and provides greater capabilities. The statute creating the MDSF authorizes TAG to establish specified support programs for the benefit of California Service Members and their families, and to support military sponsored youth programs throughout the state. The CMD is authorized to solicit and accept funds, donations, equipment, services, and more from private individuals and companies.
Although fundraising has been successful, the regulatory process of expending the funds has been arduous, which ultimately affects service members in dire need of assistance.
For example, a number of National Guard service members were impacted by last year’s Camp Fire, however the CMD was not able to use donated funds available in the MDSF because the state purchasing systems are not designed to allow these types of short-notice emergency transactions. In fact, to approve a grant for a service member in need, it could take several weeks or months to process the payment through FISCAL and get the money to the service member.
COMMENT
Author’s Statement. According to the Author, “It is imperative that service members experiencing unforeseen hardships are able to find immediate relief through the California Military Department Foundation. Providing the Foundation with a mechanism to expeditiously provide privately donated funds – specifically intended to support a broad variety of essential programs that benefit the Soldiers, Airmen, and cadets of the Military Department – to at-need Soldiers and Airmen is in the best interest of the service members who diligently serve our state and nation. AB 361 fully realizes the Legislature’s intent of proving a true MWR benefit to the members of the California Military Department.”
POSITIONS
Sponsor: Author.
Support: None at this time.
Oppose: None at this time.
-- END --
Date of Hearing: April 24, 2019
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 361
Author:(Voepel) – As Amended Ver:April 10, 2019
Policy Committee: | Veterans Affairs | Vote: | 10 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill names the support programs established by The Adjutant General as the “California Military Department Foundation” and authorizes The Adjutant General and the California Military Department (CMD) to enter into agreements with specified entities, including nonprofit and military or veteran foundations, to conduct California Military Department Support Fund activities and to accept in-kind donations.
FISCAL EFFECT:
Minor and absorbable costs to CMD.
COMMENTS:
- Purpose. This bill seeks to improve CMD’s ability to use existing funds to support service members and their families.
- Background. Existing law and regulations authorize The Adjutant General to establish specified support programs to benefit California service members and their families, and to support military sponsored youth programs throughout the state. The CMD is authorized to solicit and accept funds, donations, equipment, services and more from private individuals and companies.
According to the CMD, fundraising has been successful, but the regulatory process for expending the funds has proven burdensome, which has resulted in delays in dispersing funds to recipients with urgent needs.
This bill authorizes the CMD to enter into agreements with nonprofit military or veteran foundations and others to conduct their activities. According to the author, allowing CMD to partner with similar organizations focused on service member assistance and care will ensure funds can immediately reach service members in need while still allowing CMD to fully abide by state purchasing rules and regulations for everyday operations and activities.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: April 9, 2019
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Jacqui Irwin, Chair
ABPCA Bill Id:AB 361 (
Author:Voepel) – As Amended Ver:March 28, 2019
SUBJECT: Military Department: support programs
SUMMARY: Allows the California Military Department (CMD) to spend money from the California military Department Support Fund. Specifically, this bill:
- Names the support programs established by the Adjutant General the California Military Department Foundation.
- Authorizes the Adjutant General and the CMD to enter into agreements with specified entities, including nonprofit and military or veteran foundations, to conduct California Military Department Support Fund (MDSF) activities, and to accept in-kind donations.
EXISTING LAW:
- Authorizes the Adjutant General to establish support programs, including morale, welfare, recreational, training, and educational programs, for the benefit of the CMD.
- Authorizes the Adjutant General and the CMD to solicit and accept funds or other donations, to be deposited into the MDSF.
FISCAL EFFECT: Unknown at this time.
COMMENTS:
On January 1, 2013, California Military & Veterans Code Section 412.5 was amended to allow the CMD to conduct its own fundraising. This law is similar in concept to the federal Morale, Welfare, and Recreation (MWR) laws but is far more powerful and provides greater capabilities. The statute creating the MDSF authorizes The Adjutant General to establish specified support programs for the benefit of California Service members and their families, and to support military sponsored youth programs throughout the state. The CMD is authorized to solicit and accept funds, donations, equipment, services, and more from private individuals and companies.
On May 1, 2015, the Adjutant General approved CMD Regulation 215-1, effectively operationalizing this new authority. It provided the framework to allow the CMD to move forward on fundraising and procedures to ensure internal controls and other processes are transparent and accountable.
While fundraising for the MDSF has been successful, the process of expending the funds must follow a step-by-step process that could take longer than expected and ultimately affect the recipient. This delay in the expenditure of funds and grants often means that service members in dire need are not able to receive immediate assistance, even though monies exist to help. For example, a number of National Guard service members were impacted by last year’s Camp Fire, however the CMD was not able to use donated funds available in the MDSF because the state purchasing systems are not designed to allow these types of short-notice emergency transactions. In fact, to approve a grant for a service member in need it could take several weeks or months to process the payment through FISCAL and get the money to the service member.
According to the author, by authorizing the CMD to enter into agreements with nonprofit military or veteran foundations, or military organizations, or other organizations, to conduct MDSF activities, AB 361 provides an avenue for the CMD to fully implement the MDSF as intended by the Legislature in 2012. Allowing the CMD to partner with similar organizations focused on Servicemember assistance and care will ensure that the MDSF can direct funds immediately to service members in need through legally entering into Memorandum of Agreements. This will solve the need to expeditiously provide assistance in emergencies, while also ensuring that the Department continues to fully abide by state purchasing rules and regulations for every day operations and activities.
This bill makes technical amendments to the MVC to codify the term “California Military Department Foundation”. This bill also clarifies the acceptance of in-kind donations to the MDSF.
The most recent amendments contained a typo referring to the Adjutant General as “Adjunct” General. The author will amend this in Assembly Appropriations committee.
REGISTERED SUPPORT / OPPOSITION:
Support
None on File.
Opposition
None on File.
Analysis Prepared by: Jenny Callison / V.A. / (916) 319-3550
Bill Author
Bill Co-Author(s):