BILL NUMBER: AB 717 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Chávez
FEBRUARY 21, 2013
An act to amend Section 999.51 of the Military and
Veterans Code, relating to veterans. An act to amend
Sections 66.5 and 72 of, to add Section 73.4 to, and to repeal
Section 69.5 of, the Military and Veterans Code, relating to
veterans.
LEGISLATIVE COUNSEL'S DIGEST
AB 717, as amended, Chávez. Nonprofit veteran service
agencies. Veterans.
(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.
This 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.
(2) Existing law requires the board to annually report to the
Legislature regarding the activities, accomplishments, and
expenditures of the board.
This bill would repeal this requirement.
(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.
This 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.
Existing 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.
This bill would make a nonsubstantive change to that provision.
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 66.5 of the Military
and Veterans Code is amended to read:
66.5. (a) One Every member of the
board shall have substantial training or professional
expertise in mortgage lending and real estate finance
be a member in good standing with a congressionally chartered veteran
service organization .
(b) One other member of the board shall have substantial training
or professional expertise in geriatrics, gerontology, or long-term
care.
(c) One member of the board shall have an accounting or auditing
background, and preferably shall be a certified public accountant.
(d) One member of the board shall have a degree in health care
administration or shall have experience in the financial management
of health care facilities.
(e)
(b) One member of the board shall have substantial
training, professional knowledge, or experience in the issues faced
by female veterans which may include, but are not limited to, the
following issues:
(1) Combat-related disorders.
(2) Sexual trauma.
(3) Homelessness.
(f)
(c) Nothing in this section shall be construed to
prohibit any member of the board from serving the remainder of his or
her term.
(g) The first vacancy in the membership of the board, that occurs
after the enactment of the act adding this subdivision and does not
require the training or expertise required by subdivision (a) or (b),
shall be filled by the appointment of a member who meets the
criteria required by subdivision (c).
SEC. 2. Section 69.5 of the Military
and Veterans Code is repealed.
69.5. The board shall report to the Legislature by October 1 of
each year regarding the activities, accomplishments, and expenditures
of the board during the preceding fiscal year. The report shall be
prepared in sufficient detail so that Members of the Legislature may
clearly understand the activities, accomplishments, and expenditures
of the board that occurred during the report period.
SEC. 3. Section 72 of the Military and
Veterans Code is amended to rea d:
72. The California Veterans Board shall determine the
policies for all operations of the department serve as
an advisory body to the secretary .
SEC. 4. Section 73.4 is added to the
Military and Veterans Code , to read:
73.4. The secretary and the board shall each seek to confer with
the California State Commanders Veterans Council at least twice per
calendar year on issues affecting California veterans.
SECTION 1. Section 999.51 of the Military and
Veterans Code is amended to read:
999.51. (a) A nonprofit veteran service agency shall be eligible
for certification as a small business under the Small Business
Procurement and Contract Act, as described in Chapter 6.5 (commencing
with Section 14835) of Part 5.5 of Division 3 of Title 2 of the
Government Code, and may be granted a small business bid preference
if it meets all of the following conditions:
(1) The goods or services meet the specifications and needs of the
purchasing agency.
(2) The goods or services are purchased at a fair and reasonable
price, as determined by the appropriate state or local agency.
(3) The nonprofit veteran service agency complies with all of the
following requirements:
(A) The nonprofit veteran service agency shall employ veterans
receiving services from the nonprofit veteran service agency for not
less than 75 percent of the person-hours of direct labor required for
the production of goods and the provision of services performed
pursuant to a contract under this section.
(B) The nonprofit veteran service agency agrees to make those
elections permitted of any nonprofit corporation under the Federal
Insurance Contributions Act (26 U.S.C. Sec. 3103 et seq.) and the
Unemployment Insurance Code in order to provide social security and
unemployment and disability benefits for its employees, commencing
with its first contract or purchase order under this section and
continuing thereafter. In the event that the nonprofit veteran
service agency ceases to provide those benefits, any existing
contract or purchase order under this section with the nonprofit
veteran service agency is terminated and no further contracts or
purchase orders shall be awarded to that nonprofit veteran service
agency for the period of two years after the nonprofit veteran
service agency ceases to provide the benefits.
(C) The nonprofit veteran service agency does not commit any
unfair labor practices, as defined in the National Labor Relations
Act, at Section 158 of Title 29 of the United States Code.
(D) The nonprofit veteran service agency abides by the provisions
of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201
et seq.), the Walsh-Healy Public Contract Act (41 U.S.C. Sec. 35 et
seq.), and the regulations of the Department of Industrial Relations
(8 Cal. Code Regs. 1 et seq.).
(b) For purposes of this section, all of the following shall
apply:
(1) "Nonprofit veteran service agency" means a community-based
organization that meets the following requirements:
(A) It is exempt from tax under Section 501(c)(3) of the Internal
Revenue Code.
(B) Its principal purpose is to provide housing, substance abuse,
case management, and employment training services for low-income
veterans, disabled veterans, or homeless veterans and their families.
(2) "Direct labor" includes all work required for preparation,
processing, and packing of a good, or work directly relating to the
performance of a service, excluding supervision, administration,
inspection, and shipping.
(3) A veteran receiving services from the nonprofit veteran
service agency shall be considered an employee when performing
productive work.