BILL ANALYSIS Ó
AB 1029
Page 1
ASSEMBLY THIRD READING
AB
1029 (Frazier)
As Amended May 18, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+---------------------+---------------------|
|Veterans |8-1 |Irwin, Mathis, |Chávez |
|Affairs | |Alejo, Brough, | |
| | |Brown, Daly, | |
| | |Frazier, Salas | |
| | | | |
|----------------+------+---------------------+---------------------|
|Appropriations |15-0 |Gomez, Bigelow, | |
| | |Bloom, Bonta, | |
| | |Calderon, Chang, | |
| | |Eggman, Gallagher, | |
| | | | |
| | | | |
| | |Eduardo Garcia, | |
| | |Holden, Quirk, | |
| | |Rendon, Wagner, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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AB 1029
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SUMMARY: Creates a certification program for charitable
organizations that provide certain specified services to veterans
and their families. Specifically, this bill:
1)Makes certain Legislative findings and declarations as
specified:
a) Declares 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.
b) Declares the 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 Military and Veterans
Code Section 999.75 under a state contract or grant for
supportive services to veterans or their families.
2)Defines certified California veteran service provider as 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:
a) Provides at least three 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.
b) Demonstrates the knowledge, experience, and cultural
competency to provide supportive services to veterans and
their families.
c) Demonstrates through audits and employment history the
fiscal and management capacity to capably perform supportive
services to veterans and their families.
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d) Is a nonprofit organization that is exempt from federal
income taxation as an organization described in Internal
Revenue Code Section 501(c)(3) or Section 501(c)(19).
e) Demonstrates through the submission of appropriate
supporting data that the entity has effectively served the
needs of veteran or veteran family clients.
f) 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 Business and
Professions Code Division 7, Part 3, Chapter 1, Article 1.3
(commencing with Section 17510) and complies with the
standards included in the Attorney General's Guide for
Charities.
3)Mandates that a certified California veteran service provider
shall provide to the department specified current documents upon
application for certification and at any time during the
certification period on request and reasonable notice by the
department:
4)States that 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.
5)Mandates that beginning July 1, 2017, the department shall begin
processing and approving or rejecting all applications on the
basis of the requirements specified.
6)Directs the department to maintain a list of certified
California veteran service providers on its Internet Web site,
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including the type of supportive services provided by the
providers.
7)Directs that 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
implementing regulations required by this bill.
8)Clarifies that 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.
9)Authorizes the department to 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 as specified.
10)Authorizes the department to accept an organization's status as
a congressionally chartered veterans service organization as
support for certification as a certified California veteran
service provider.
11)Mandates that no later than July 1, 2017, the department shall
adopt rules, procedures, and regulations as necessary to
decertify a certified California veteran service provider.
FISCAL EFFECT: According to the Assembly Appropriations
Committee: Ongoing cost of approximately $100,000 (General Fund)
to the Department of Veterans Affairs to promulgate regulations
the first year, and provide and renew the three-year
certification, decertify bad actors, and maintain a current list
of certified organizations after the first year.
AB 1029
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COMMENTS: According to the author:
Veterans comprise 25% or more of California's homeless
population. Tens of thousands of these individuals are
returning from wars in Iraq and Afghanistan with
significant physical and mental injuries.
The state provides resources to veterans in the form of
grants to non-profit agencies that provide housing, mental
health, substance abuse, case management and employment
services. However, as concern for the welfare of returning
service members has grown, so has the interest of an
increasing number of organizations to receive the small
amount of grant dollars available.
? this bill will also help address a long-term problem of
con-artists who solicit contributions from well-meaning but
unaware Californians who make donations to veteran
organizations. Such organizations drain grant resources
without providing the necessary services to veterans.
This bill would create a certification for charitable entities
that serve veterans; the certification will be that such an entity
meets certain minimum standards. The scope of the certification
is limited to entities serving veterans with supportive: health
and mental health services, small business assistance, employment
services, and job training services. These entities must
demonstrate a certain level of knowledge, experience, and cultural
competency to provide supportive services to veterans and their
families.
The language in the current version of this bill is the result of
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much discussion and collaboration between the author, staff, and
experienced veteran service providers. It represents an attempt
to recognize that there is a particular value and special
expertise from having a proven track record of serving veterans
primarily or exclusively but that there are also experienced,
legitimate, high quality service providers who serve many veterans
but also serve other populations and have broader missions.
The language is an attempt to provide a means for the public,
contracting officials, and others to know that certain entities
providing supportive services to veterans meet a certain minimum
acceptable level of quality, direct experience serving veterans,
and legitimacy. The language does not attempt to resolve the
further question of whether those entities serving veterans
exclusively should be preferred or recognized above others for
providing a level of service far above the minimum.
Analysis Prepared by:
John Spangler / V.A. / (916) 319-3550 FN: 0000493