BILL NUMBER: AB 1029 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 18, 2015
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 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. site,
including the type of supportive services provided by the providers.
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 department,
no later than July 1, 2017, 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.
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 "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 at
least three of the following supportive services: housing assistance,
health services, mental health services, small business
assistance, employment services, and job training services to
veterans. veterans and their families.
(2) Demonstrates the knowledge, experience, and cultural
competency to provide supportive services to veterans and their
families.
(3) Demonstrates through audits and employment history the fiscal
and management capacity to capably perform supportive services to
veterans and their families.
(4) Is a nonprofit organization that is exempt from federal income
taxation as an organization described in Section 501(c)(3) or
Section 501(c)(19) of the Internal Revenue Code.
(5) Demonstrates through the submission of appropriate supporting
data that the entity has effectively served the needs of veteran or
veteran family clients.
(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 the Business and Professions Code and
complies with the standards included in the Attorney General's Guide
for Charities.
(b) A certified California veteran service provider shall provide
to the department all of the following up-to-date 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
applicant shall apply to the department, in a form and
manner as required by the department.
(2) The Beginning July 1, 2017, the
department shall process and approve or reject
begin processing and approving or rejecting 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.
site, including the type of supportive services
provided by the providers.
(e) On or before April 1, 2017, the department shall provide the
Committee on Veterans Affairs in both houses of the Legislature with
a progress report on the status of the regulations required by
subdivision (d).
999.76. (a) A certification approved by the department shall be
valid for three years from the date the department accepts
credentials for 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 of a certified California veteran service
provider pursuant to 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 No later than July 1, 2017, 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.