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 Senate Committee on Labor and Industrial Relations 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 Senate Committee on Labor and Industrial Relations 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 Senate Committee on Labor and Industrial Relations 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 Senate Committee on Labor and Industrial Relations 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 Senate Committee on Labor and Industrial Relations 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 Senate Committee on Labor and Industrial Relations Hearing Date: June 26, 2013 AB 1268 Consultant: Alma Perez Page 8 Senate Committee on Labor and Industrial Relations