BILL ANALYSIS                                                                                                                                                                                                    Ó






                 Senate Committee on Labor and Industrial Relations
                              William W. Monning, Chair

          Date of Hearing: June 26, 2013               2013-2014 Regular  
          Session                              
          Consultant: Alma Perez                       Fiscal:Yes
                                                       Urgency: No
          
                                  Bill No: AB 1268
                                Author: John A. Perez
                      As Introduced/Amended: February 22, 2013
          

                                       SUBJECT
          
                  Unemployment insurance: veterans' unemployment: 
                Veterans Workforce Development and Employment Office 


                                      KEY ISSUE

          Should the Legislature establish the Veterans Workforce  
          Development and Employment Office for the purpose of  
          coordinating veterans' workforce development and employment  
          programs and services?   


                                      ANALYSIS
          
           Existing law  authorizes the Employment Development Department  
          (EDD), within the Labor and Workforce Development Agency, among  
          other things, to study and make recommendations as to actions  
          which might promote the prevention of unemployment and  
          stabilization of employment, encourage and assist in the  
          adoption of practical methods of vocational training, and  
          promote re-employment of workers. (Unemployment Insurance §325)   

           
          Existing law  also requires the EDD, in consultation and  
          coordination with veterans' organizations and veteran service  
          providers, to do all of the following (UI §325.5):

             a)   Research the needs of veterans throughout the state and  
               develop a profile of veterans'           
                  employment and training needs;
             b)   Develop a statewide plan for the equitable distribution  









               of employment funds for 
                  veterans' employment services; and
             c)   Seek federal funding for purposes of subdivision (a).

           The EDD  is also responsible for the administration of the  
          programs and services described in the federal Jobs for Veterans  
          State Grant Program, including the federal Disabled Veterans'  
          Outreach Program (DVOP) and the federal Local Veterans'  
          Employment Representatives program (LVER).
           Existing law  requires that EDD, following any fiscal year in  
          which state funds support the Veterans Employment Training  
          services program, to provide an annual report to the Legislature  
          (on or before November 1) regarding the following performance  
          measures (UI §325.6): 

             1)   The number of veterans receiving individualized, case  
               managed services.
             2)   The number of veterans receiving these services and  
               entering employment.

             3)   The retention rate for veterans who enter employment.
             4)   The average earnings for veterans entering employment.
           

          This Bill  would establish the Veterans Workforce Development and  
          Employment Office (Office) within the Labor and Workforce  
          Development Agency for the purpose of coordinating veterans'  
          workforce services.   

          Specifically, this bill would:  

             1)   Create the Office for the purpose of coordinating state  
               veterans workforce development and employment services and  
               requires the office to do all of the following: 

               a)     Administer specified state and federal unemployment  
                 programs and services for veterans currently covered by  
                 the Employment Development Department;

               b)     Develop a plan, by May 1, 2014, in collaboration  
                 with the EDD for the transfer of its veterans program and  
                 service administrative responsibilities from EDD to the  
          Hearing Date:  June 26, 2013                             AB 1268  
          Consultant: Alma Perez                                   Page 2

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                 Office;

               c)     Transfer all support staff responsible for  
                 administration of the Disabled Veterans' Outreach Program  
                 (DVOP) and the Local Veterans' Employment Representatives  
                 (LVER) programs from the EDD to the Office according to  
                 the plan; and,

               d)     Coordinate its efforts with the state Department of  
                 Veterans Affairs and the Governor's Interagency Council  
                 on Veterans.

             2)   Provide that the Office shall coordinate and consult  
               with appropriate state agencies, departments, veterans'  
               organizations and veterans' service providers to:

               a)     Research the needs of veterans throughout the state  
                 and develop a profile of veterans' employment and  
                 training needs;

               b)     Develop a plan for the equitable distribution of the  
                 employment funds for veterans' employment services;

               c)     Develop a strategy and program for identifying  
                 employers and small businesses interested in hiring  
                 veterans and establish the means by which any appropriate  
                 training and placement may occur; and,

               d)     Seek federal and other funding for the research and  
                 development of veterans' employment and training needs.

             3)   Repeal existing law referencing the annual report  
               required from EDD to the Legislature and instead states  
               that the Office shall provide an annual report to the  
               Legislature regarding specified performance measures.

             4)   Make several findings and declarations related to the  
               need for coordination of veterans workforce development  
               services. 



          Hearing Date:  June 26, 2013                             AB 1268  
          Consultant: Alma Perez                                   Page 3

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                                      COMMENTS


          1.  Background on the Veteran Population in CA:
                                           
            California is home to over 1.8 million veterans, representing  
            8.3 percent of the total U.S. veteran population. Seventy-two  
            percent of the veteran population are fifty years of age or  
            above, and the number of veterans 85 years of age or older is  
            projected to increase 20% between 2010 and 2019. California's  
            Department of Veterans Affairs anticipates receiving an  
            additional 35,000-40,000 discharged members of the armed  
            services each year for the next several years - more than any  
            other state. According to the department, historically, the  
            largest demand for benefits and services for veterans occurs  
            immediately after discharge and again as the veteran  
            population ages and requires greater access to medical  
            facilities and long-term care services. 

          2.  Employment Assistance Services for Veterans:

            The Employment Development Department assists veterans and  
            their eligible spouses maximize their employment and training  
            opportunities through individualized case managed services.  
            The EDD veterans' representatives specialize in assisting  
            veterans in their efforts to return to work and are located in  
            many local EDD offices. Services provided include a veteran  
            24-hour priority hold on all job listings, customized job  
            search assistance, job fairs, employer recruitments, and other  
            events and resources. 

            The Disabled Veterans' Outreach Program (DVOP) specialists,  
            also known as the Veterans Employment Service Specialists,  
            focus their efforts on those economically or educationally  
            disadvantaged who can reasonably be expected to benefit from  
            improved employability as a result of receiving intensive  
            services within the One-Stop Career Center system.

            The Local Veterans' Employment Representatives (LVER) staff,  
            also known as the Veteran Workforce Specialist, conducts  
            outreach to employers, assist veterans in job development  
            contacts, conducting job search workshops, and establish job  
          Hearing Date:  June 26, 2013                             AB 1268  
          Consultant: Alma Perez                                   Page 4

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            search groups. They also facilitate employment, training, and  
            placement services to promote the hiring of veterans.  The  
            LVER concentrates on individualized job development services  
            for veterans, especially those determined to be job ready  
            after receipt of intensive services by the DVOP specialists.
            In program year 2011-12, Governor Brown took action to support  
            California's returning veterans by issuing Executive Order  
            B-9-11, creating the California Interagency Council on  
            Veterans, whose purpose is to identify and prioritize the  
            needs of California's veterans, and to coordinate the  
            activities at all levels of government in addressing those  
            needs. 

          3.  Need for this bill?

            While existing law already requires the EDD, in consultation  
            and coordination with veterans' organizations and veteran  
            service providers, to research the needs of veterans  
            throughout the state and develop a profile of veterans'  
            employment and training needs - changing economic times  
            require continuous evaluation of these services to ensure  
            needs are being met and veteran workers are getting crucial  
            services necessary to enter into stable long-term employment.  
            Unfortunately, according to a January 2013 memorandum prepared  
            by the Senate Office of Research (SOR), titled Employment  
            Opportunities for (Semi-Skilled or Unskilled) Veterans,  
            California does not provide a coordinated, integrated system  
            that streamlines employment-related services to veterans.  
            According to SOR, veterans find many services fragmented and  
            without a single point of entry.  

            According to the Assembly Veterans Committee analysis of this  
            bill, performance outcomes for California's federally-funded  
            veterans' employment services that are currently administered  
            by EDD indicate that California lags behind other states in  
            helping veterans find and retain jobs. Based on the 2011 state  
            performance outcomes (the most recent available), California  
            ranks last compared to all the other states in the key  
            category of veterans that found employment after having  
            received state employment services.  

            Additionally, in mid-March of this year, the Joint Legislative  
          Hearing Date:  June 26, 2013                             AB 1268  
          Consultant: Alma Perez                                   Page 5

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            Audit Committee approved a request to conduct a comprehensive  
            audit of the veteran workforce programs that EDD currently  
            administers and evaluate their effectiveness in providing  
            employment assistance and job training programs to veterans.   
            The audit is due by October 2013.  

            Under this legislation, the veterans' services within EDD  
            would be transferred to and administered by the newly created  
            Veterans Workforce Development and Employment Office for the  
            purpose of coordinating veterans' workforce services.   

          4.  Proponent Arguments  :
            
            According to the author, recent reports from the U.S.  
            Department of Labor's Bureau of Labor Statistics indicate that  
            many veterans, especially younger veterans, women veterans,  
            and members of the National Guard, continue to experience  
            significant difficulty and challenges finding employment.   
            This will be compounded when a large number of soldiers and  
            military personnel separate from service due to the wind down  
            of the war in Afghanistan and additional federal defense  
            budget cuts reduce the number of active duty personnel.

            Unfortunately, the author argues, California's existing state  
            veteran workforce programs managed by EDD underperform  
            compared to other states.  In addition, EDD's reliance on job  
            listing websites and job fairs often renders it difficult for  
            veterans to more directly interact with employers and to  
            connect veterans with employment opportunities. Moreover, the  
            availability of federal veteran hiring tax credits are not  
            promoted nearly enough by the state Labor Agency or EDD and  
            will represent an important component of this effort.

            The author states that the voter's approval of Proposition 39  
            in the November 2012 General Election also holds the potential  
            of generating significant funding for veteran job training and  
            employment opportunities, which the establishment of this  
            office will help support and coordinate on behalf the state's  
            veteran community. Overall, the author believes that  
            California veterans deserve more employment assistance than  
            simply job posting websites and job fairs and argues that  
            establishing a state Veteran Workforce Development and  
          Hearing Date:  June 26, 2013                             AB 1268  
          Consultant: Alma Perez                                   Page 6

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            Employment Office will allow veterans to more fully  
            participate in the national movement by major employers to  
            hire veterans.  

          5.  Opponent Arguments  :

            None received. 

          6.  Prior or Related Legislation  :

            SB 723 (Correa) of 2013:  Pending before Assembly  
            Appropriations Committee 
            SB 723 would require the Employment Development Department and  
            the Department of Consumer Affairs, on or before January 1,  
            2015, jointly to present a report to the Legislature  
            containing best practices by state governments around the  
            nation in facilitating the credentialing of veterans by using  
            their documented military education and experience.

            AB 1931 (Gorell) of 2012:  Held in Senate Appropriations  
            Committee 
            AB 1931would have established the California Veterans Services  
            and Workforce Development Division within the Department of  
            Veterans Affairs (DVA) for the purpose of coordinating and  
            administering veterans' assistance programs, and would have  
            transferred those programs from the EDD to the DVA.  


                                       SUPPORT
          
          AMVETS - Department of California
          California Association of County Veterans Service Officers
          California Labor Federation, AFL-CIO
          San Diego Gas and Electric
          Southern California Gas Company
          The Home Depot
          VFW - Department of California
          

                                     OPPOSITION
          
          None received
          Hearing Date:  June 26, 2013                             AB 1268  
          Consultant: Alma Perez                                   Page 7

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          Hearing Date:  June 26, 2013                             AB 1268  
          Consultant: Alma Perez                                   Page 8

          Senate Committee on Labor and Industrial Relations