BILL NUMBER: SB 548	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 18, 2009
	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Huff
   (Coauthor: Senator Florez)
   (Coauthors: Assembly Members Nestande, Portantino, Price, and
Silva)

                        FEBRUARY 27, 2009

   An act to amend Section 999.5 of the Military and Veterans Code,
relating to veterans.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 548, as amended, Huff. California Disabled Veteran Business
Enterprise Program.
   Under existing law, the Department of General Services, except in
the case of contracts for professional bond services, is the
administering agency of the California Disabled Veteran Business
Enterprise Program, which requires state agencies and all other state
entities contracting for materials, supplies, equipment, alteration,
repair, or improvement to have at least 3% participation goals for
disabled veteran business enterprises. Existing law specifies the
duties of the Department of General Services and the Department of
Veterans Affairs in meeting that requirement, and sets standards for
meeting the program's participation goals, as provided.
   This bill would require an awarding department  , upon
completion of an awarded contract for which a commitment to achieve a
disabled veteran business enterprise goal was made,  to require
 any   the  prime contractor that 
enters   entered  into a subcontract with a
disabled veteran business enterprise to certify to the awarding
department that all payments under the contract have been made to the
disabled veteran business enterprise. This bill would also require
an awarding department to keep that certification on file. This bill
would specify that a person or entity that knowingly provides false
information is subject  to  a civil penalty, as specified,
and that an action for a civil penalty may be brought by any public
prosecutor in the name of the people of the State of California.
   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.  Section 999.5 of the Military and Veterans Code is
amended to read:
   999.5.  (a) The administering agency for the California Disabled
Veteran Business Enterprise Program is the Department of General
Services, except in the case of contracts for professional bond
services. The Department of General Services shall consult with the
California Disabled Veteran Business Enterprise Program Advocate,
appointed by the  Secretary of the  Department of Veterans
Affairs pursuant to Section 999.11, on all matters relating to the
California Disabled Veteran Business Enterprise Program. The Director
of General Services shall adopt written policies and guidelines
establishing a uniform process for state contracting that would
provide a disabled veteran business enterprise participation
incentive to bidders. The incentive program shall be used by all
state agencies when awarding contracts.
   (b) The Department of Veterans Affairs shall do all of the
following:
   (1) Establish a method of monitoring adherence to the goals
specified in Sections 999.1 and 999.2.
   (2) Promote the California Disabled Veteran Business Enterprise
Program to the fullest extent possible.
   (3) Maintain complete records of its promotional efforts.
   (4) Establish a system to track the effectiveness of its efforts
to promote the California Disabled Veteran Business Enterprise
Program, which shall include regular, periodic surveys of newly
certified disabled veteran business enterprises to determine how they
learned of the program, why they became certified, and what their
experience with awarding departments has been.
   (c) An awarding department shall not credit toward the department'
s 3-percent goal state funds expended on a contract with a disabled
veteran business enterprise that does not meet and maintain the
certification requirements.
   (d)  An   Upon completion of an awarded
contract for which a commitment to achieve a disabled veteran
business enterprise goal was made, an  awarding department shall
require  any   the  prime contractor that
 enters   entered  into a subcontract with
a disabled veteran business enterprise to certify to the awarding
department that all payments under the contract have been made to the
disabled veteran business enterprise. An awarding department shall
keep that certification on file. A person or entity that knowingly
provides false information shall be subject to a civil penalty for
each violation in the minimum amount of two thousand five hundred
dollars ($2,500) and the maximum amount of twenty-five thousand
dollars ($25,000). An action for a civil penalty under this
subdivision may be brought by any public prosecutor in the name of
the people of the State of California and the penalty imposed shall
be enforceable as a civil judgment.
   (e) The administering agency shall adopt rules and regulations,
including standards for good faith efforts, for the purpose of
implementing this section. Emergency regulations consistent with this
section may be adopted.