BILL NUMBER: AB 1029 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 23, 2015
INTRODUCED BY Assembly Member Frazier
FEBRUARY 26, 2015
An act to add Article 8 (commencing with Section 999.75) to
Chapter 6 of Division 4 of the Military and Veterans Code, relating
to veterans.
LEGISLATIVE COUNSEL'S DIGEST
AB 1029, as amended, Frazier. Veterans: service providers.
Existing law provides for certain services, protections, and
benefits for veterans. Existing law establishes a 3-percent
participation goal for disabled veteran business enterprises in state
procurement.
This bill would require each entity of state government to give
preference to a qualified entity, as defined, when awarding a grant
or contract to provide social services to veterans. The bill would
require a qualified entity to submit with the application for the
grant or the bid for contract a certification, as provided, from the
Department of Veterans Affairs. The bill would also authorize the
Department of Veterans Affairs to conduct audits of qualified
entities, as specified.
This bill would allow entities meeting specified requirements to
apply to the Department of Veterans Affairs to become certified
California veteran service providers. The bill would require the
department to maintain a list of certified California veteran service
providers on its Internet Web site. The bill would require that
certification would remain valid for 3 years unless the entity is
decertified by the department. The bill would require the department
to adopt rules, procedures, and regulations as necessary to decertify
an entity if it no longer meets the requirements to be a certified
California veteran service provider.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The
Legislature finds and declares that it is necessary to provide the
public the means to determine which charitable entities providing
supportive services to veterans meet certain minimum standards of
cultural competency and financial legitimacy.
(b) It is the intent of the Legislature to establish a voluntary
certification program whereby the Department of Veterans Affairs will
certify that certain charitable entities providing supportive
services to veterans meet minimum standards.
(c) It is further the intent of the Legislature that the Secretary
of the Department of Veterans Affairs consider whether it would be
beneficial to the people of the State of California to, in the
future, establish a uniform process for state contracting that
provides a preference to entities certified by the department
pursuant to Section 999.75 of the Military and Veterans Code under a
state contract or grant for supportive services to veterans or their
families.
SECTION 1. SEC. 2. Article 8
(commencing with Section 999.75) is added to Chapter 6 of Division 4
of the Military and Veterans Code, to read:
Article 8. Veterans Preference For State Services Contracts
999.75. For purposes of this article, both of the following shall
apply:
(a) A "qualified entity" means an entity that provides
veterans with services, as specified in subdivision (a) of Section
999.76, and is capable of managing the grant moneys provided or the
contract funds allocated in a fiscally prudent manner,
"certified California veteran service provider" means an entity that
is certified by the department as having an established history of
providing supportive services and that meets all of the
following requirements:
(1) Provides supportive health and mental health services, small
business assistance, employment services, and job training services
to veterans.
(1)
(2) Demonstrates the knowledge, experience, and
capacity cultural competency to provide
desired supportive services to
veterans. veterans and their families.
(2)
(3) Demonstrates through audits and employment history
the fiscal and management capacity to capably perform public
contracts. supportive services to veterans and their
families.
(3)
(4) Is a nonprofit organization that is exempt from
federal income taxation as an organization described in Section 501
(c)(3) of the Internal Revenue Code with the primary purpose
of providing services to veterans and their families.
Code.
(4) Demonstrates that the majority of the entity's resources are
dedicated to serving the needs of veterans and their families.
(5) Demonstrates through the submission of appropriate supporting
data that the entity has effectively served the needs of veteran or
veteran family clients.
(5)
(6) Demonstrates that all required filings with the
Secretary of State, the office of the Attorney General, and the
Franchise Tax Board are current. Demonstrates that the entity
meets or exceeds the provisions of Article 1.3 (commencing with
Section 17510) of Chapter 1 of Part 3 of Division 7 of th
e Business and Professions Code and complies with the standards
included in the Attorney General's Guide for Charities.
(b) A qualified entity certified
California veteran service provider shall provide to the
department all of the following up-to-date documents:
documents upon application for certification and at
any time during the certification period on request and reasonable
notice by the department:
(1) Articles of incorporation and all amendments to the articles
of incorporation.
(2) IRS Letter of Determination.
(3) Taxpayer identification number.
(4) Independent audit reports dating back three years.
(c) (1) In order to obtain certification as a certified California
veteran service provider, the qualified entity shall apply to the
department, in a form and manner as required by the department.
(2) The department shall process and approve or reject all
applications on the basis of the requirements set forth in
subdivision (a).
(d) The department shall maintain a list of certified California
veteran service providers on its Internet Web site.
999.76. (a) Notwithstanding any other law, each entity of state
government that awards grants to, or enters into contracts with,
nongovernmental agencies shall give preference to a qualified entity
when awarding a grant for a project that would provide to veterans,
or when entering into a contract to provide to veterans, social
services, including, but not limited to, housing services, mental
health services, or employment and job training services.
(b) The qualified entity shall submit, with the application for
the grant or the bid for the contract, a certification from the
department.
(c) (1) In order to obtain a certification as required by
subdivision (b), the qualified entity shall apply to the department,
in a form and manner as required by the department, for certification
of its status as a qualified entity.
(2) The department shall process and approve or reject all
applications on the basis of the requirements set forth in Section
999.75.
(d) The department may conduct an audit of qualified entities that
receive grant funds, as provided by this section, to ensure the
grant funds are being used to serve veterans. The results of an audit
shall be made available to the public. The department may comply
with the requirements of this subdivision by posting the results of
an audit on its Internet Web site.
999.77. 999.76. (a) A certification
approved by the department shall be valid for two
three years from the date the department accepts
credentials for certification. certification
unless the department decertifies the certified California veteran
service provider.
(b) The department may accept current certifications and licenses
from any other state entity, agency, or department in order to
provide a certification to a qualified entity
of a certified California veteran service provider pursuant to
subdivisions (b) and (c) of Section 999.76.
Section 999.75.
(c) The department may accept an organization's status as a
congressionally chartered veterans service organization as support
for certification of a certified California veteran service provider
pursuant to Section 999.75.
(d) The department shall adopt rules, procedures, and regulations
as necessary to decertify a certified California veteran service
provider prior to the expiration of a current certification when the
certified California veteran service provider no longer meets the
requirements set forth in Section 999.75.