California Assembly Bill AB1029 Amended / Bill

 BILL NUMBER: AB 1029AMENDED 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.