Amended in Senate June 21, 2016

Amended in Assembly May 18, 2015

Amended in Assembly April 23, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1029

Introduced by Assembly Member Frazier

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(Coauthors: Assembly Members Brown and Mathis)

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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 begin insert certify an entity, and to end insert decertify an entity if it no longer meets the requirements to be a certified California veteran service provider. begin insert The bill would require the department to adopt a fee to defray the department’s reasonable cost of certification not to exceed $750. end insert

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.

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 begin delete three end delete begin insert two end insert 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)  begin delete Demonstrates end delete begin insert Demonstrates, through the submission of
appropriate supporting data, that the veteran service provider has end insert
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

begin delete veteran or veteran family clients. end delete begin insert veterans and their families. end insert

(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 begin delete July 1, 2017, end delete begin insert January 1, 2018, end insert 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

begin delete subdivision (d). end delete begin insert Section 999.76. end insert

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 begin insert certify a veteran service
provider, and to end insert 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.

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(e) The department shall adopt a fee to defray the department’s
reasonable cost of certification, not to exceed seven hundred fifty
dollars ($750).

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