BILL NUMBER: AB 1570	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 16, 2009

INTRODUCED BY   Committee on Veterans Affairs (Salas (Chair), Lieu,
V. Manuel Perez, Saldana, and Yamada)

                        MARCH 16, 2009

   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 1570, as amended, Committee on Veterans Affairs. Veterans:
service providers. 
   Existing law provides for certain services, protections, and
benefits for veterans.  
   This bill would require each entity of state government to give
preference to a qualified entity, as defined, when awarding a grant
for a project that would provide, or when entering into a contract to
provide, social services to veterans. This bill would require a
qualified entity to submit with the application for the grant or the
bid for the contract a certification, as provided, from the
Department of Veterans Affairs. This bill would authorize the
Department of Veterans Affairs to charge a fee for the actual costs
incurred by the department in reviewing each application. 

   Existing law establishes the Department of Veterans Affairs. Among
other duties, the department is authorized to assist every veteran
of any war of the United States and the dependent or survivor of
every veteran in presenting and pursuing claims against the United
States that the veteran may have arising from war service and in
establishing the veteran's or dependent's right to privilege,
preference, care, or compensation as provided for by federal or state
law, as specified.  
   Existing law also authorizes the board of supervisors of a county
to grant financial assistance, relief, and support to indigent
veterans. Existing law requires an organization desiring to assist
indigent veterans to first file with the board of supervisors of the
county in which it is operating or intending to operate a verified
statement setting forth specified information regarding the
organization, including its financial condition.  
   This bill would express the intent of the Legislature to enact
legislation that would ensure that the selection process to determine
whether the state shall award a grant for a project that would
provide, or enter into a contract to provide, services to veterans
shall include a preference for awarding a grant to, or entering into
a contract with, an entity that meets specified criteria. The bill
would also express the intent of the Legislature to enact legislation
that would ensure that the selection process to determine whether
the state shall award a grant, or enter into a contract, to provide
social services to veterans shall include a requirement that the
applicant or bidder submit with the application for the grant or the
bid for that contract a specified certification from the Department
of Veterans Affairs indicating that the applicant or bidder is
qualified to provide services to veterans and is capable of managing
the grant moneys provided, or the contract funds allocated, as
applicable, in a fiscally prudent manner, as specified. 
   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.    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 Contracts


   999.75.  For purposes of this article, both of the following shall
apply:
   (a) The "department" means the Department of Veterans Affairs.
   (b) A "qualified entity" means an entity that provides services to
veterans and is capable of managing the grant moneys provided or the
contract funds allocated in a fiscally prudent manner, that meets
all of the following requirements:
   (1) Demonstrates the knowledge, experience, and capacity to
provide desired services to veterans.
   (2) Demonstrates through audits and employment history the fiscal
and management capacity to capably perform public contracts.
   (3) Is incorporated with the primary purpose of providing services
to veterans and their families.
   (4) Demonstrates that the majority of the entity's resources are
dedicated to serving the needs of veterans and their families.
   (5) Demonstrates that all required filings with the Secretary of
State, charitable trusts, and the Attorney General's office are
current.
   (6) Has the following up-to-date documents on file with the
department:
   (A) Articles of incorporation.
   (B) IRS Letter of Determination.
   (C) Taxpayer identification number.
   (D) Independent audit reports dating back three years.
   999.76.  (a) Notwithstanding any other law, each entity of state
government that awards grants to, or enters into contracts with,
nongovernmental agencies shall give preference to a qualified entity
when awarding a grant for a project that would provide to veterans,
or when entering into a contract to provide to veterans, social
services, including, but not limited to, housing services, mental
health services, employment services, education services, or case
management services.
   (b) The qualified entity shall submit, with the application for
the grant or the bid for the contract, a certification from the
department.
   (c) (1) In order to obtain a certification as required by
subdivision (b), the qualified entity shall apply to the department,
in a form and manner as required by the department, for certification
of its status as a qualified entity.
   (2) The department shall process and approve or reject all
applications on the basis of the requirements set forth in
subdivision (b) of Section 999.75.
   999.77.  The department may charge to each applicant for
certification a fee, not to exceed five hundred dollars ($500), for
the actual costs incurred by the department in reviewing the
application.  
  SECTION 1.    (a) It is the intent of the
Legislature to enact legislation that would ensure that the selection
process to determine whether the state shall award a grant for a
project that would provide, or enter into a contract to provide,
services to veterans shall include a preference for awarding the
grant to, or entering into a contract with, an entity that meets all
of the following criteria:
   (1) The facility or facilities in which the services will be
provided shall be constructed or acquired using public financing, in
whole or in part.
   (2) The primary use of the facility or facilities shall be to
provide services to veterans.
   (3) The entity that is awarded the grant or that receives the
contract shall verifiably demonstrate that the facility or facilities
were constructed or acquired using public financing. Public
financing may include grants, loans that incorporate special
agreements for forgiveness or forbearance, loans offered at below
market interest rates, or low-income tax credits provided for the
construction of the facility or facilities.
   (b) It is the intent of the Legislature to enact legislation that
would ensure that the selection process to determine whether the
state shall award a grant, or enter into a contract, to provide
social services to veterans shall include a requirement that the
applicant or bidder submit with the application for the grant or the
bid for that contract a certification from the Department of Veterans
Affairs that the applicant or bidder is qualified to provide
services to veterans and is capable of managing the grant moneys
provided or the contract funds allocated in a fiscally prudent
manner. The department may certify an entity for that purpose if the
entity meets all of the following criteria:
   (1) Demonstrates the knowledge, experience, and capacity to
provide desired services to veterans.
   (2) Demonstrates through audits and employment history the fiscal
and management capacity to capably perform public contracts.
   (3) Is incorporated with the primary purpose of providing services
to veterans and their families.
   (4) Demonstrates that the majority of the entity's resources are
dedicated to serving the needs of veterans and their families.
   (5) Demonstrates that all required filings with the Secretary of
State, charitable trusts, and the Attorney General's office are
current.
   (6) Has the following up-to-date documents on file with the
Department of Veterans Affairs: articles of incorporation, IRS Letter
of Determination, taxpayer identification number, and independent
audit reports dating back three years.