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AB-1029 Veterans: service providers.(2015-2016)

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AB1029:v96#DOCUMENT

Amended  IN  Senate  June 21, 2016
Amended  IN  Assembly  May 18, 2015
Amended  IN  Assembly  April 23, 2015

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill No. 1029


Introduced by Assembly Member Frazier
(Coauthors: Assembly Members Brown and Mathis)

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, 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, no later than July 1, 2017, to adopt rules, procedures, and regulations as necessary to certify an entity, and to decertify an entity if it no longer meets the requirements to be a certified California veteran service provider. The bill would require the department to adopt a fee to defray the department’s reasonable cost of certification not to exceed $750.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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 at least three two of the following supportive services: housing assistance, health services, mental health services, small business assistance, employment services, and job training services to veterans and their families.
(2) Demonstrates Demonstrates, through the submission of appropriate supporting data, that the veteran service provider has 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. veterans and their families.
(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 applicant shall apply to the department, in a form and manner as required by the department.
(2) Beginning July 1, 2017, January 1, 2018, the department shall 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, 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). Section 999.76.

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) No later than July 1, 2017, the department shall adopt rules, procedures, and regulations as necessary to certify a veteran service provider, and 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.
(e) The department shall adopt a fee to defray the department’s reasonable cost of certification, not to exceed seven hundred fifty dollars ($750).