BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 391
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 391 (Pan)
          As Amended  May 27, 2011
          Majority vote 

           LABOR & EMPLOYMENT       5-1    APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Swanson, Alejo, Allen,    |Ayes:|Fuentes, Blumenfield,     |
          |     |Furutani, Yamada          |     |Bradford, Charles         |
          |     |                          |     |Calderon, Campos, Davis,  |
          |     |                          |     |Gatto, Hall, Hill, Lara,  |
          |     |                          |     |Mitchell, Solorio         |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Miller                    |Nays:|Harkey, Donnelly,         |
          |     |                          |     |Nielsen, Norby, Wagner    |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Requires the Employment Development Department (EDD), 
          on or before July 1, 2012, to provide in-person unemployment 
          benefit assistance in only five of the comprehensive state 
          one-stop career centers, as defined.  Specifically,  this bill  :  

          1)Requires that the unemployment benefit services provided in 
            the one-stop centers pursuant to this bill shall be funded 
            with existing monies available to EDD for the administration 
            of the unemployment insurance compensation program.  Requires 
            EDD to reallocate existing resources, including staff and 
            equipment to implement the assistance, as defined.

          2)Repeals the measure as of December 31, 2015, unless a later 
            statute is enacted to extend or delete that date.

           EXISTING FEDERAL LAW  establishes the federal Workforce 
          Investment Act of 1998, which provides for workforce investment 
          activities that states may participate in.
           
          EXISTING STATE LAW  :

          1)Establishes the California Workforce Investment Act 
            (Investment Act), requiring the California Workforce 
            Investment Board (Board) to assist the Governor in performing 
            specified duties relating to the development, implementation, 








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            and promotion of various workforce development activities, job 
            training, and employment investment and work incentive 
            programs, as specified.
           
           2)Declares, under the Investment Act, that it is the intent of 
            the Legislature to deliver comprehensive workforce services to 
            job seekers, students, and employers through a system of 
            one-stop career centers to, among other things, make job 
            outreach, intake, job search and placement assistance, and 
            other related services available in one location.

          3)Provides for the payment of unemployment compensation benefits 
            to eligible unemployed persons during the period that the 
            person is unemployed, and requires the EDD to implement and 
            administer the unemployment compensation program.  



          FISCAL EFFECT  :  According to Assembly Appropriations Committee:

          1)A minimum of 25 staff are likely needed to support the 
            requirements of the bill in five comprehensive one-stop career 
            centers statewide.  

          2)Annual staff cost of $2.7 million in federal funding EDD 
            receives.  

          3)Additional one-time costs of in the hundreds of thousands to 
            provide training and space in one-stop centers to accommodate 
            added services.  

          4)One-time costs of likely less than $500,000 (federal) for 
            equipment and operating expenses, such as furniture and 
            computers.

           COMMENTS  :  The Unemployment Insurance (UI) Program, administered 
          by the EDD, is a federal-state system that provides unemployment 
          compensation to workers who lose their job through no fault of 
          their own.  According to EDD, in the 1990s, the business world 
          embraced computer technology and even the World Wide Web, 
          leading the way towards a new phase of EDD where telephone and 
          online services took the place of in-person assistance.  Today, 
          unemployed individuals can file for benefits on-line, by 
          telephone, mail or fax.  EDD offers some in-person assistance 








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          for the filing of a UI claim; however, individuals with 
          questions on an existing claim are directed to contact one of 
          the EDD call centers for assistance, submit inquiries online or 
          by mail.  

          With California's unemployment rate at 12.2%, as of February 
          2011, unemployed workers are in great need of UI benefits to 
          sustain their families through this difficult economy.  
          Unfortunately, due to this unprecedented demand for UI benefits, 
          many unemployed workers are struggling to access UI benefits.  
          On April 1, 2009, the Senate Labor and Industrial Relations 
          Committee held an informational hearing entitled, "Technology at 
          the Employment Development Department: How to build an EDD that 
          meets the needs of California."  During the hearing the 
          Committee heard testimony from several UI applicants who shared 
          their experiences and frustrations in not being able to reach 
          EDD, either by phone or mail, to apply for benefits.  

          According to EDD, in the month of February 2011, the number of 
            people unemployed in
          California was 2,202,000.  As a result, there is a tremendous 
            demand for UI benefits and at any
          given time there are thousands of people trying to contact EDD 
          through their call centers, online
          or by mail.  According to information found in several 
            Sacramento Bee articles, in the recent past 
          EDD call center operators have been unable to answer millions of 
            calls from unemployed 
          workers wishing to apply for UI benefits or inquire about their 
            claim.  Callers unable to reach
          operators were diverted to a pre-recorded message system that 
            cost the state an estimated $5.7
          million since 2004. 

          According to the March 2011 California State Auditor's report 
          regarding the EDD's unemployment program struggles, EDD has 
          generally attributed its poor performance in recent years to its 
          high workload and to staffing shortages resulting from a delay 
          in federal funding.  The EDD increased staff and allowed them to 
          work overtime to try to help improve performance.  The Report 
          points out that one of the most significant actions the EDD has 
          been undertaking to increase the public's timely access to 
          unemployment services has been the development of a new phone 
          system, which it activated at its six primary call centers in 








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          December 2010.  According to EDD, its previous phone system did 
          not have the capacity to handle the call volume.  The State 
          Auditor's office performed a capacity analysis which suggests 
          the new system should be able to handle a higher volume of 
          calls, allowing callers to access the voice response system.  
          However, the capacity analysis and early data from the new phone 
          system suggest that access to agents may continue to be a 
          challenge.

          Frustrated with being unable to contact EDD by phone or online, 
          many unemployed workers go to one-stop career centers for 
          assistance in filing a UI claim and/or with questions on how to 
          resolve a UI claim problem.  Unfortunately, one-stop career 
          center employees may not be fully trained to perform the work of 
          UI employees and are often unable to answer UI specific 
          questions.  This bill is intended to improve access to 
          California's UI benefits by requiring that EDD have available 
          in-person assistance in at least one comprehensive state 
          one-stop career center in each workforce area, as specified.   

           
          Analysis Prepared by  :    Lorie Erickson / L. & E. / (916) 
          319-2091 


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