BILL NUMBER: AB 1570 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 2, 2009
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
accept donations for the purposes of implementing
these provisions and would require those donations to be
deposited into the Veterans Services Fund for specified purposes, as
appropriated by the Legislature. This bill would also authorize the
Department of Veterans Affairs to conduct audits of qualified
entities, as specified .
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. 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) The "department" means the Department of Veterans Affairs.
(b)
(a) A "qualified entity" means an entity that provides
services , as specified in subdivision (a) of Section 999.76,
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 a nonprofit
organization that is exempt from federal income taxation as an
organization described in Section 501(c)(3) of the Internal Revenue
Code 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 , and the Franchise Tax Board, are current.
(6) Has the following up-to-date documents on file with the
department:
(A) Articles of incorporation.
(b) A qualified entity shall provide to the department all of the
following up-to-date documents:
(1) Articles of incorporation, and all amendments to the articles
of incorporation.
(B)
(2) IRS Letter of Determination.
(C)
(3) Taxpayer identification number.
(D)
(4) 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. mental health services, or
employment and job training 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.
(d) The department may conduct an audit of qualified entities that
receive grant funds, as provided by this section, to ensure the
grant funds are being used to serve veterans. The results of any
audit shall be made available to the public. The department may
comply with the requirements of this subdivision by posting the
results of any audit on its Internet Web site.
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.
999.77. (a) A certification approved by the department shall be
valid for two years from the date the department accepts credentials
for certification.
(b) The department may accept current certifications and licenses
from any other state entity, agency, or department in order to
provide a certification to a qualified entity pursuant to subdivision
(b) of Section 99.76.
999.78. The department shall use existing allocated resources to
implement this article. The department may accept donations that
shall be deposited into the Veterans Services Fund, which is hereby
created in the State Treasury, and which, upon appropriation by the
Legislature, shall be used for the purposes of implementing this
article.