AB 717,
as amended, Chávez. begin deleteNonprofit veteran service agencies. end deletebegin insertVeterans.end insert
(1) Existing law establishes the California Veterans Board, composed of 7 members with specified qualifications who are appointed by the Governor and subject to the confirmation of the Senate, to determine the policies for all operations of the Department of Veterans Affairs.
end insertbegin insertThis bill would require the board to instead serve as an advisory body to the Secretary of the Department of Veterans of Affairs. This bill would also eliminate certain qualifications to be a member of the board, and require every board member to be a member in good standing with a congressionally chartered veteran service organization.
end insertbegin insert(2) Existing law requires the board to annually report to the Legislature regarding the activities, accomplishments, and expenditures of the board.
end insertbegin insertThis bill would repeal this requirement.
end insertbegin insert(3) Existing law sets forth the duties of the secretary and the board with regard to the administration of the department to benefit California veterans.
end insertbegin insertThis bill would require the secretary and the board to each seek to confer with the California State Commanders Veterans Council at least twice per calendar year on issues affecting California veterans.
end insertExisting law allows a nonprofit veteran service agency, as defined, to be eligible for certification as a small business, as described, and be granted a small business bid preference, provided certain requirements are met.
end deleteThis bill would make a nonsubstantive change to that provision.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 66.5 of the end insertbegin insertMilitary and Veterans Codeend insert
2begin insert is amended to read:end insert
(a) begin deleteOne end deletebegin insertEvery end insertmember of the board shallbegin delete have substantial begin insert be a member in good standing with a congressionally
4training or professional expertise in mortgage lending and real
5estate financeend delete
6chartered veteran service organizationend insert.
7(b) One other member of the board shall have substantial training
8or professional expertise in geriatrics, gerontology, or long-term
9care.
10(c) One member of the board shall have an accounting or
11auditing background, and preferably shall be a certified public
12accountant.
13(d) One member of the board shall have a degree in health care
14administration or shall have experience in the financial
15management of health care facilities.
16(e)
end delete
17begin insert(b)end insert One member of the board shall have substantial training,
18professional knowledge, or experience in the issues faced by female
19veterans which may include, but are not limited to, the following
20issues:
21(1) Combat-related disorders.
22(2) Sexual trauma.
23(3) Homelessness.
24(f)
end delete
25begin insert(c)end insert Nothing in this section shall be
construed to prohibit any
26member of the board from serving the remainder of his or her term.
P3 1(g) The first vacancy in the membership of the board, that occurs
2after the enactment of the act adding this subdivision and does not
3require the training or expertise required by subdivision (a) or (b),
4shall be filled by the appointment
of a member who meets the
5criteria required by subdivision (c).
begin insertSection 69.5 of the end insertbegin insertMilitary and Veterans Codeend insertbegin insert is
7repealed.end insert
The board shall report to the Legislature by October 1 of
9each year regarding the activities, accomplishments, and
10expenditures of the board during the preceding fiscal year. The
11report shall be prepared in sufficient detail so that Members of the
12Legislature may clearly understand the activities, accomplishments,
13and expenditures of the board that occurred during the report
14period.
begin insertSection 72 of the end insertbegin insertMilitary and Veterans Codeend insertbegin insert is
16amended to read:end insert
The California Veterans Board shallbegin delete determine the policies begin insert serve as an advisory body to
18for all operations of the departmentend delete
19the secretaryend insert.
begin insertSection 73.4 is added to the end insertbegin insertMilitary and Veterans
21Codeend insertbegin insert, to read:end insert
The secretary and the board shall each seek to confer
23with the California State Commanders Veterans Council at least
24twice per calendar year on issues affecting California veterans.
Section 999.51 of the Military and Veterans Code
26 is amended to read:
(a) A nonprofit veteran service agency shall be eligible
28for certification as a small business under the Small Business
29Procurement and Contract Act, as described in Chapter 6.5
30(commencing with Section 14835) of Part 5.5 of Division 3 of
31Title 2 of the Government Code, and may be granted a small
32business bid preference if it meets all of the following conditions:
33(1) The goods or services meet the specifications and needs of
34the purchasing agency.
35(2) The goods or services are purchased at a fair and reasonable
36price, as determined by the appropriate state or local agency.
37(3) The nonprofit
veteran service agency complies with all of
38the following requirements:
39(A) The nonprofit veteran service agency shall employ veterans
40receiving services from the nonprofit veteran service agency for
P4 1not less than 75 percent of the person-hours of direct labor required
2for the production of goods and the provision of services performed
3pursuant to a contract under this section.
4(B) The nonprofit veteran service agency agrees to make those
5elections permitted of any nonprofit corporation under the Federal
6Insurance Contributions Act (26 U.S.C. Sec. 3103 et seq.) and the
7Unemployment Insurance Code in order to provide social security
8and unemployment and disability benefits for its employees,
9commencing with its first contract or purchase order under this
10section and continuing thereafter. In the event that the nonprofit
11veteran service agency ceases to provide those benefits, any
12
existing contract or purchase order under this section with the
13nonprofit veteran service agency is terminated and no further
14contracts or purchase orders shall be awarded to that nonprofit
15veteran service agency for the period of two years after the
16nonprofit veteran service agency ceases to provide the benefits.
17(C) The nonprofit veteran service agency does not commit any
18unfair labor practices, as defined in the National Labor Relations
19Act, at Section 158 of Title 29 of the United States Code.
20(D) The nonprofit veteran service agency abides by the
21provisions of the federal Fair Labor Standards Act of 1938 (29
22U.S.C. Sec. 201 et seq.), the Walsh-Healy Public Contract Act (41
23U.S.C. Sec. 35 et seq.), and the regulations of the Department of
24Industrial Relations (8 Cal. Code Regs. 1 et seq.).
25(b) For purposes of this section, all of the following shall apply:
26(1) “Nonprofit veteran service agency” means a
27community-based organization that meets the following
28requirements:
29(A) It is exempt from tax under Section 501(c)(3) of the Internal
30Revenue Code.
31(B) Its principal purpose is to provide housing, substance abuse,
32case management, and employment training services for
33low-income veterans, disabled veterans, or homeless veterans and
34their families.
35(2) “Direct labor” includes all work required for preparation,
36processing, and packing of a good, or work directly relating to the
37performance of a service, excluding supervision, administration,
38inspection, and
shipping.
P5 1(3) A veteran receiving services from the nonprofit veteran
2service agency shall be considered an employee when performing
3productive work.
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