BILL ANALYSIS                                                                                                                                                                                                    




                                                                  AB 857
                                                                  Page A

          ASSEMBLY THIRD READING
          AB 857 (Galgiani and Mendoza)
          As Amended  June 1, 2009
          2/3 vote.  Urgency

           LABOR AND EMPLOYMENT      6-1   APPROPRIATIONS      13-4        
           
           ----------------------------------------------------------------- 
          |Ayes:|Monning, Bill Berryhill,  |Ayes:|De Leon, Ammiano Charles  |
          |     |Eng, Furutani, Ma,        |     |Calderon, Davis, Fuentes, |
          |     |Portantino                |     |Hall, John A. Perez,      |
          |     |                          |     |Price, Skinner, Solorio,  |
          |     |                          |     |Audra Strickland,         |
          |     |                          |     |Torlakson, Krekorian      |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Gaines                    |Nays:|Nielsen, Duvall, Harkey,  |
          |     |                          |     |Miller                    |
           ----------------------------------------------------------------- 
           SUMMARY  :   Requires the Employment Development Department (EDD)  
          to provide
          in-person unemployment benefit assistance at all comprehensive  
          one-stop career centers and department workforce service  
          offices, as defined. Specifically,  this bill  :  

          1)Declares, not withstanding any other law, the EDD shall  
            provide in-person unemployment benefit assistance at all  
            comprehensive one-stop centers and department workforce  
            service offices ensuring that the customer service personnel  
            at those career centers and offices are fully trained, as  
            provided, and that printed information regarding eligibility  
            and the process for filing claims for unemployment  
            compensation benefits shall be made available at all centers.
           
           2)Requires that the unemployment benefit assistance services to  
            be provided at the one-stop career centers be funded with  
            existing monies available to EDD for the administration of the  
            unemployment compensation program.
           
          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  :









                                                                  AB 857
                                                                  Page B


          1)Establishes the California Workforce Investment Act, requiring  
            the California Workforce Investment Board (Board) to assist  
            the Governor in performing specified duties relating to the  
            development, implementation, and promotion of various  
            workforce development activities, job training, and employment  
            investment and work incentive programs, as specified.
           
           2)Declares, under the California Workforce 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 the Assembly Appropriations  
          Committee, EDD reports that there are 150 comprehensive centers  
          in the state.  Providing staffing at a minimal level of one  
          trained staff per center would require 150 employees, or about  
          $11 million [Unemployment Insurance (UI) fund].  Actual costs  
          would depend on staffing levels.  Unknown but significant one  
          time costs for training and modification of facilities to  
          accommodate added services.  

          COMMENTS  :  The author's stated purpose for the bill says many  
          customers can utilize on-line applications and can contact  
          workers in the call centers, millions of unemployed Californians  
          cannot readily access services for unemployment benefits.  In  
          December 2008, 25.6 million callers - and an estimated 42  
          million callers in January 2009 - who failed to reach operators  
          at UI call centers were diverted to a pre-recorded message.<1>   
          Records show that between 2004-2008 more than 73.3 million calls  
          were unable to be handled by the current UI telephone claim  
          filing system through the UI call centers.<2>  EDD's message  
          system has cost the state $4.4 million for a three-month period  

          ---------------------------
          <1> The Sacramento Bee, "EDD call center rings up $1.1 million  
          bill for 'busy' message", 3/9/09
          <2> The Sacramento Bee, 2/19/09








                                                                  AB 857
                                                                  Page C

          from December through February.<3>  Plus, for the first two  
          business days in March, there was another 1.4 million failed  
          calls routed to the message at a cost of $71,000.<4>

          Furthermore, when out-of-work Californians utilize the state's  
          one-stop centers for job services, many people turn to Job  
          Service (JS) employees, also known as Workforce Services, for UI  
          help.  JS employees in one-stop centers are routinely asked  
          questions and are also asked for assistance in filing UI claims  
          and resolving UI claims problems.  Reportedly, some JS staff are  
          directed by management to try to handle "some" of the problems  
          with UI claims; however, these JS employees are not fully  
          trained or funded to perform the work of UI workers.  The  
          troubling reality is that those JS workers are instructed to  
          direct unemployed Californians to a phone, to use the overloaded  
          automated system.  

          AB 857 will revise the Unemployment Insurance Code to require  
          the State Employment Development Department to have available  
          in-person assistance in all comprehensive one-stop centers.  

          AB 857 will further require all unemployment insurance agents  
          are fully trained in unemployment compensation claims and funded  
          through the unemployment insurance program.  This is a modest  
          measure designed to address gaps in the law on the provision of  
          unemployment assistance in California.  

          According to the Service Employees International Union (SEIU),  
          sponsor of this bill, California's unemployment rate has hit a  
          25-year high currently standing at 10.5%.  This surge has led to  
          a flood of calls to the state's UI call centers, which prevented  
          many callers from getting the assistance needed.  In January  
          2009 alone, an estimated 42 million callers failed to reach  
          operators at the UI call center and were diverted to a  
          pre-recorded message, costing the state millions of dollars.

          While many customers can utilize online applications and can  
          contact EDD staff in the call centers, millions of unemployed  
          Californians cannot readily access services for unemployment  
          benefits.  SEIU states that this bill would allow out of work  
          Californians the option of in-person UI assistance provided by  

          ---------------------------
          <3> The Sacramento Bee, 3/9/09
          <4> The Sacramento Bee, "State can cut bill, says Verizon",  
          3/18/09








                                                                  AB 857
                                                                  Page D

          UI funded and UI trained workers, which helps the online  
          applications, mail in and call center applications as well.  It  
          will also provide UI employees an opportunity to once again work  
          in a field office to assist out of work Californians with their  
          claims.

          SEIU also states this bill can save the state money by  
          redirecting the individual to a one-stop center, rather than  
          forcing them to call an overloaded system 25-30 times or more  
          before reaching a UI worker who can provide assistance.
           

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


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