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AB-70 California National Guard: improper payments.(2017-2018)

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Date Published: 12/16/2016 08:55 PM
AB70:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 70


Introduced by Assembly Member Travis Allen
(Coauthors: Assembly Members Chávez and Mathis)

December 16, 2016


An act to add Section 409.16 to the Military and Veterans Code, relating to the California National Guard.


LEGISLATIVE COUNSEL'S DIGEST


AB 70, as introduced, Travis Allen. California National Guard: improper payments.
Existing law establishes the Military Department, which includes, among others, the California National Guard. Existing law provides certain protections for members of the California National Guard called to active duty, including eviction or distress protections and tax deferments.
This bill would require the department, upon an appropriation of funds by the Legislature, to assume sole financial liability for any required payment to the federal government of an enlistment bonus, student loan repayment, or any other incentive payments improperly authorized by the California National Guard between January 1, 2006, and December 31, 2010, including any interest charges or other associated fees. The bill would also require the department upon an appropriation of funds by the Legislature, to repay to any member of the California National Guard who has repaid to the federal government any of these improperly authorized payments the amount the member has repaid, including any interest charges or other associated fees. The bill would specify that these provision become operative only if the federal government does not enact specified legislation on or before August 1, 2017, and the department posts a notice to that effect on its Internet Web site.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 409.16 is added to the Military and Veterans Code, to read:

409.16.
 (a) Upon an appropriation of funds by the Legislature, the Military Department shall, to the extent required by subdivision (c), assume sole financial liability for payment to the federal government of an enlistment bonus, student loan repayment, or any other incentive payments that were improperly authorized by the California National Guard between January 1, 2006, and December 31, 2010, including any interest charges or other associated fees.
(b) Upon an appropriation of funds by the Legislature, the department shall, to the extent required by subdivision (c), repay to any member of the California National Guard who has repaid to the federal government any of the improperly authorized payments specified in subdivision (a) the amount the member has repaid, including any interest charges or other associated fees.
(c) The department’s obligation to assume liability pursuant to subdivision (a) or to provide repayment pursuant to subdivision (b) is limited to members of the California National Guard who received an enlistment bonus, student loan repayment, or other incentive payment described in subdivision (a) and who did not know or have reason to know of their ineligibility for the payments, as determined by criteria established by the federal government and in effect on the effective date of this section.
(d) This section shall become operative only if both of the following occur:
(1) The federal government does not enact legislation on or before August 1, 2017, excusing repayment obligations for members of the California National Guard who did not know or have reason to know of their ineligibility for the payments described in subdivision (a).
(2) The department posts a notice on its Internet Web site acknowledging that the federal legislation described in paragraph (1) has not been enacted.