California Assembly Bill AB2627 Amended / Bill

 BILL NUMBER: AB 2627AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 8, 2010 INTRODUCED BY Assembly Member Nielsen FEBRUARY 19, 2010  An act to add Chapter 11.7 (commencing with Section 21900) to Division 8 of the Business and Professions Code, relating to business.   An act to amend Section 999.2 of the Military and Veteran   s Code, relating to veterans.  LEGISLATIVE COUNSEL'S DIGEST AB 2627, as amended, Nielsen.  Businesses: services for minors.   Veterans: contracts: disabled veteran business enterprises.   Under existing law, any state governmental entity that awards contracts for construction and certain related purposes has annual statewide participation goals of not less than 3% for disabled veteran business enterprises, as defined. For purposes of these provisions, existing law defines a "disabled veteran" as a veteran, as specified, with a service-connected disability who is a resident of the state.   Existing law deems any disabled veteran business enterprise that rents equipment to an awarding department to be an equipment broker, as defined, unless one or more certified disabled veterans have 51% ownership of the equipment and evidence is submitted in support of that fact.   This bill would also deem a disabled veteran business enterprise that rents equipment to a contractor to be an equipment broker, as specified. The bill would also revise various related definitions pursuant to those provisions, including "broker" or "agent," "equipment," and "equipment broker."   Existing law also prohibits state funds expended for equipment rented from equipment brokers, as specified, from being credited toward the 3% goal.   This bill would instead require the broker's commission fees of state funds expended through a broker or equipment broker to be credited toward the participation goals as established for disabled veteran business enterprises.   Existing law prohibits a person who is required to register as a sex offender because of a conviction for a crime where the victim was a minor under 16 years of age from being an employer, employee, independent contractor, or volunteer with any person, group, or organization in a capacity where the person would be directly working, and in an unaccompanied setting, with minor children on more than an incidental and occasional basis or have supervision or disciplinary power over minor children.   This bill would require any person, entity, group, or organization, whether operating as a nonprofit or for-profit business, to require any person hired as an employee, independent contractor, or volunteer to work directly and in an unaccompanied setting with minor children to go through a criminal background check, including being fingerprinted. The bill would prohibit a person, entity, group, or organization from hiring any person to work directly and in an unaccompanied setting with minor children if that person is required to register as a sex offender for a crime where the victim was a minor. A violation of that prohibition would be punishable by a civil fine of up to $10,000. Moneys from those fines would be placed in the Safe Sports Fund, which the bill would create, and would be available, upon appropriation, to compensate victims of sexual offenses who were minors at the time of the offense, and their families.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 999.2 of the   Military and Veterans Code   is amended to read:  999.2. (a) Notwithstanding any other provision of law, contracts awarded by any state agency, department, officer, or other state governmental entity, including school districts when they are expending state funds for construction, professional services (except those subject to Chapter 6 (commencing with Section 16850) of Part 3 of Division 4 of Title 2 of the Government Code), materials, supplies, equipment, alteration, repair, or improvement shall have statewide participation goals of not less than 3 percent for disabled veteran business enterprises. These goals apply to the overall dollar amount expended each year by the awarding department. (b) For purposes of this section: (1) "Broker" or "agent" means any individual  or   ,  entity,  contractor,  or any combination thereof, that does not have title, possession, control, and risk of loss of materials, supplies, services, or equipment provided to an awarding department, unless one or more certified disabled veterans has 51 percent ownership of the quantity and value of the materials, supplies, services, and of each piece of equipment  , materials, or supplies  provided under the contract  or subcontract  . (2) "Equipment" means any piece of equipment that is used or provided for  sale or  rental to any state agency, department, officer,  or  other state governmental entity,  or contractor,  including equipment for which operators are provided. (3) "Equipment broker" means any broker or agent who rents equipment to an awarding department  or contractor  . (c) A disabled veteran business enterprise that rents equipment to an awarding department  or contractor  shall be deemed to be an equipment broker unless one or more disabled veterans has 51-percent ownership of the quantity and the value of each piece of equipment. If the equipment is owned by one or more disabled veterans, each disabled veteran owner  shall  , prior to performance under any contract  or subcontract  ,  shall  submit to the awarding department a declaration signed by the disabled veteran owner stating that the owner is a disabled veteran and providing the name, address, telephone number, and tax identification number of the disabled veteran owner. Each disabled veteran owner shall submit his or her federal income tax returns to the administering agency pursuant to subdivision (g) as if he or she were a disabled veteran business enterprise. The disabled veteran business enterprise of a disabled veteran owner who fails to submit his or her tax returns will be deemed to be an equipment broker. (d) A disabled veteran business enterprise that rents equipment to an awarding department or contractor  shall, prior to performing the contract, submit to the awarding department a declaration signed by each disabled veteran owner and manager of the enterprise stating that the enterprise obtained the contract by representing that the enterprise was a disabled veteran business enterprise meeting and maintaining all of the requirements of a disabled veteran business enterprise. The declaration shall include the name, address, telephone number, and tax identification number of the owner of each piece of equipment identified in the contract. (e)  State   Of   state  funds expended  for equipment rented from equipment brokers   through a broker or equipment broker,  pursuant to contracts awarded under this section  , the broker's commission fees only  shall  not  be credited toward the  3-percent goal   participation goals established for disabled veteran business enterprises  . (f) A disabled veteran business enterprise that is a broker or agent and that obtains a contract pursuant to subdivision (a) shall, prior to  performing   executing  the contract, disclose to the awarding department  or contractor  that the business is a broker or agent. The disclosure shall be made in a declaration signed and executed by each disabled veteran owner and manager of the enterprise, declaring that the enterprise is a broker or agent, and identifying the name, address, and telephone number of the principal for whom the enterprise is acting as a broker or agent. (g) (1) A disabled veteran business enterprise, and each owner thereof, shall, at the time of certification, submit to the administering agency complete copies of the enterprise's federal income tax returns for the three previous tax years. (2) A disabled veteran business enterprise, and each owner thereof, shall submit to the administering agency complete copies of the enterprise's federal income tax returns that have a postcertification due date, on or before the due date, including extensions. (3) A disabled veteran business enterprise that, and each owner thereof who, has not submitted to the administering agency complete copies of the enterprise's federal income tax returns for the three tax years preceding certification nor for each postcertification tax year for which a return was required to be filed, shall have 90 days to submit those returns. (4) A disabled veteran business enterprise that fails to comply with any provision of this subdivision shall be prohibited from participating in any state contract until the disabled veteran business enterprise complies with the provisions of this subdivision. Funds expended involving a disabled veteran business enterprise during any period in which that enterprise is not in compliance with the provisions of this subdivision shall not be credited toward the awarding department's 3-percent goal. (h) A disabled veteran business enterprise that fails to maintain the certification requirements set forth in this article shall immediately notify the awarding department and the administering agency of that failure by filing a notice of failure that states with particularity each requirement the disabled veteran business enterprise has failed to maintain.  SECTION 1.   Chapter 11.7 (commencing with Section 21900) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 11.7. BUSINESSES THAT PROVIDE SERVICES TO MINORS 21900. (a) Any person, entity, group, or organization, whether operating as a nonprofit or for-profit business, shall require any person hired as an employee, independent contractor, or volunteer to work directly and in an unaccompanied setting with minor children to go through a criminal background check, including being fingerprinted. (b) No person, entity, group, or organization shall hire any person to work directly and in an unaccompanied setting with minor children if that person is required to register pursuant to the Sex Offender Registration Act because of a conviction for a crime where the victim was a minor. A violation of this section shall be punished by a civil fine of up to ten thousand dollars ($10,000). (c) Moneys collected pursuant to this section shall be deposited in the Safe Sports Fund, which is hereby created in the State Treasury. Moneys in that fund shall be available, upon appropriation, to compensate victims of sexual offenses who were minors at the time of the offense, and their families.