(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, and cadets, including their family members. These programs shall be collectively known as the California Military Department Foundation.

(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) The California Military Department Foundation.

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

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

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

(5) (A) The Adjutant General and the Military Department may enter into agreements with nonprofit military or veteran foundations, military organizations, or other entities to conduct California Military Department Support Fund activities pursuant to established rules and regulations. An agreement may be in the form of a memorandum of agreement that describes the roles and responsibilities of each party.

(B) Notwithstanding subdivision (b) and § 13340 of the Government Code, the Military Department may expend money in the California Military Department Support Fund to pay a nonprofit military or veteran foundation, military organization, or other entity for the sole purpose of supporting California Military Department Support Fund activities pursuant to this paragraph if that money was donated for those purposes. Payments pursuant to this subparagraph may include an advance payment to a nonprofit military or veteran foundation, military organization, or other entity with instructions regarding the use of the moneys. A nonprofit military or veteran foundation, military organization, or other entity shall return any balance of unused moneys to the Military Department within 30 days of the expiration of any agreement or memorandum of agreement.

(b) (1) There is the California Military Department Support Fund established in the State Treasury. Except as set forth in subparagraph (B) of paragraph (5) of subdivision (a), the money in the California Military Department Support Fund is available, upon appropriation by the Legislature, solely for the purposes prescribed by this section.

(2) 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.

(c) (1) Notwithstanding any other law, the Adjutant General and the Military Department may solicit and accept funds or other donations that shall be deposited in the California Military Department Support Fund. In-kind donations may be accepted and accounted for pursuant to rules and regulations promulgated by the department.

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

(3) Except for the purposes of paragraph (2) of subdivision (a), Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code does not apply to the expenditure of funds or donations for the purposes of this section.

(d) For accounting and recordkeeping purposes, the California Military Department Support Fund shall be deemed to be a single special fund, and 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.

(e) The California National Guard Military Family Relief Fund is hereby repealed, and all moneys remaining in the fund on the date the fund is repealed shall be deposited into the California Military Department Support Fund.

(f) On or before March 31 of each year, the Adjutant General shall conduct an internal audit of the fund established in accordance with subdivision (b) and report the findings of the audit to the Department of Finance.

(Amended by Stats. 2023, Ch. 45, Sec. 42. (AB 127) Effective July 10, 2023.)