BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 816
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          Date of Hearing:   April 22, 2009

                           ASSEMBLY COMMITTEE ON INSURANCE
                                   Joe Coto, Chair
                    AB 816 (Hagman) - As Amended:  April 15, 2009
           
          SUBJECT  :   Employment Training Panel and Employment Training  
          Fund.

           SUMMARY  :  Repeals the express authority of the Legislature to  
          appropriate funds from the Employment Training Fund (ETF) to  
          finance the local assistance portion of the welfare-to-work  
          activities under the CalWORKS Program.  Specifically, this bill:

          1)Requires that moneys in the ETF be appropriated only to  
            finance the costs of: 
             a)   employment training, 
             b)   the administrative costs incurred by contractors, 
             c)   the program expenses of administering the Employment  
               Training Panel (ETP), 
             d)   related services provided by small business development  
               centers, 
             e)   collecting the 0.1 percent of the specified wages from  
               employers,
             f)   training programs for persons eligible for the CalWORKS  
               Program, and
             g)   with the approval of the Legislature, paying interest  
               charged on federal loans to the state Unemployment Fund.

          2)Repeals the section of law that authorizes the Legislature to  
            appropriate from the Employment Training Fund an amount  
            specified in the annual Budget Act to fund the local  
            assistance portion of the welfare-to-work activities under the  
            CalWORKS Program.  CalWORKS refers to the California Work  
            Opportunity and Responsibility to Kids Act.

           EXISTING LAW  :

          1)Establishes the Employment Training Fund (ETF) in the State  
            Treasury for the deposit of contributions from employers at  
            the rate of 0.1 percent of the first $7,000 of annual wages of  
            each employee.

          2)Requires that money in the ETF be spent only to finance the  
            costs of: 








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             a)   employment training, 
             b)   administrative costs incurred by contractors, 
             c)   the program costs of administering the Employment  
               Training Panel (ETP), 
             d)   related services provided by small business development  
               centers, 
             e)   collecting the 0.1 percent of the specified wages from  
               employers, 
             f)   training programs for persons eligible for the CalWORKS  
               Program, 
             g)   with the approval of the Legislature, paying interest  
               charged on federal loans to the state Unemployment Fund,  
               and 
             h)   in the annual Budget Act, funding the local assistance  
               portion of welfare-to-work activities under the CalWORKS  
               Program.

          3)Specifies that any moneys allocated to the ETP that are not  
            encumbered in that fiscal year shall revert to the  
            Unemployment Insurance Fund.

          4)Establishes the CalWORKS Program for recipients of public  
            assistance to move from welfare to work.  This program is  
            administered by the State Department of Social Services.  In  
            this program, individuals of working age are required to take  
            a series of steps including job search, assessment, and work  
            activities.

           FISCAL EFFECT  :   Undetermined.

           COMMENTS  :   

           1)Purpose.   According to the author, the purpose of this bill is  
            to protect the funding of the Employment Training Panel (ETP).  
             The author states that in recent years there have been  
            significant transfers of Employment Training Fund (ETF) monies  
            to non-related programs that have severely reduced the ETP's  
            ability to serve California business and workers.  The author  
            provides data showing that in the last 10 years, an average of  
            $39 million from the ETF has been appropriated each year to  
            the Department of Social Services, while the appropriations to  
            the ETP have dropped from over $70 million to $57 million per  
            year.

          The author states that 2006 budget trailer language allowed the  








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            diversion of funds to the Department of Social Services to  
            fund CalWORKS.

           2)Arguments in Support  .  The California Manufacturers &  
            Technology Association (CMTA) and the Chamber of Commerce  
            (Chamber) state that this bill will protect and maximize the  
            amount of training dollars that stay in the Employment  
            Training Fund (ETF).  They note that this bill will eliminate  
            the provision that allows ETF dollars to be diverted to the  
            Department of Social Services.

          CMTA and the Chamber state that the Employment Training Panel  
            (ETP) has provided invaluable training to workers to enhance  
            their skills, obtain higher wages jobs and help businesses  
            compete in both the domestic and global markets.  The report  
            that the ETP responds quickly to California's ever-changing  
            industries such as manufacturing, high-tech, bio-technology,  
            multimedia, construction, healthcare, clean technology and  
            others.  It also targets the needs of special populations,  
            such as training for the "working poor" in high unemployment  
            areas, ex-offenders, at-risk youth, veterans and workers with  
            barriers to employment, including CalWORKS recipients.

          CMTA and the Chamber also state that, unfortunately, in the last  
            three fiscal years over $100 million of ETP training funds  
            have been diverted to fund programs for the Department of  
            Social Services.  This is one-half of the total ETP funding.   
            It is essential that a maximum amount of dollars from the ETF  
            go to support ETP, because for every $1 spent on training  
            there is a $5 return on investment.  Since July 2005, the ETP  
            has approved $49 million aimed at business expansion and job  
            creation.  This includes efforts involving firms such as  
            Genentech, Virgin Air, New United Motor Manufacturing Inc.,  
            and SYSCO Food Services, resulting in approximately 24,000 new  
            and saved jobs.

           3)Arguments in Opposition  .  The Service Employees International  
            Union (SEIU) states that this bill would reduce funding for  
            the CalWORKS Program by $35 million per year and that these  
            funds are vital to maintaining a successful program that  
            increases work and self-sufficiency for parents in low-income  
            families.  SEIU reports that CalWORKS provides temporary  
            income support, employment services, and child care to more  
            than 450,000 low-income families.  Additionally, SEIU states  
            that counties are seeing nearly a 30% increase in CalWORKS  








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            applicants as a result of high unemployment rates.  Also,  
            there has been a $90.6 million cut to the CalWORKS Program in  
            the budget that has forced the layoff of over 650 CalWORKS  
            eligibility workers.  Local human service agencies are  
            overwhelmed with work and unable to process applications in a  
            timely manner to help the most vulnerable parents and  
            families.

          SEIU also states that in 1996 the welfare program in California  
            drastically changed.  The current program (CalWORKS) focuses  
            on helping public assistance recipients to obtain employment,  
            and away from cash assistance.  There are strict requirements  
            on recipients to participate in work or work-related  
            activities for a specified number of hours per week.  Failure  
            to do so disqualifies the recipient from receiving cash  
            assistance.  SEIU notes that CalWORKS is the only welfare  
            approach proven by research to result in long-lasting  
            improvements in family earnings, poverty reduction, and child  
            well-being, including better performance in school.  CalWORKS  
            caseload has declined by 50% since 1995 due in part to the  
            hundreds of thousands of families receiving supports and  
            working and the time-limited aid.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Business Properties Association
          California Chamber of Commerce
          California Conference Board of the Amalgamated Transit Union
          California Conference of Machinists
          California Manufacturers & Technology Association (CMTA)
          Coalition of California Welfare Rights Organizations, Inc.
          Employment Training Panel (ETP)
          Engineers & Scientists of California, IFPTE Local 20, AFL-CIO
          International Longshore & Warehouse Union
          Professional and Technical Engineers, IFPTE Local 21, AFL-CIO
          The Teamsters
          United Food & Commercial Workers Western States Council
          UNITE-HERE
          Western Growers

           Opposition 
           
          County Welfare Directors Association of California (CWDA)








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          Service Employees International Union (SEIU)
           

          Analysis Prepared by  :    Manny Hernandez / INS. / (916) 319-2086