BILL ANALYSIS                                                                                                                                                                                                    






                 Senate Committee on Labor and Industrial Relations
                               Mark DeSaulnier, Chair

          Date of Hearing: June 23, 2010               2009-2010 Regular  
          Session                              
          Consultant: Alma Perez                       Fiscal:Yes
                                                       Urgency: No
          
                                  Bill No: AB 1827
                            Author: Arambula and Solorio 
                          Version: As amended June 1, 2010
          

                                       SUBJECT
          
                   Workforce development: one-stop career centers 


                                     KEY ISSUES

          Should the Legislature require that the Employment Development  
          Department (EDD) provide in-person unemployment insurance  
          benefit assistance at specified one-stop career centers to help  
          complement the current online, mail and call center system? 

          Should the Legislature require that EDD fund this in-person  
          assistance from their UI Program administration moneys?  Or if  
          necessary, should the Legislature require that EDD reallocate  
          existing resources to implement the provisions of this bill? 
          

                                       PURPOSE
          
          To revise the Unemployment Insurance code and place additional  
          requirements on the state Employment Development Department  
          (EDD) with regard to unemployment benefit assistance at one-stop  
          career centers, as specified.  


                                      ANALYSIS
          
          Under existing law  , the California Workforce Investment Act  
          (WIA) provides for workforce investment activities that increase  
          the employment, occupational attainment, and retention and  
          earnings of participants, which will improve the quality of the  
          workforce, reduce welfare dependency, and enhance the  









          productivity and competitiveness of the nation's economy. The  
          California Workforce Investment Act serves to implement a state  
          agency partnership between the California Department of  
          Education, the California Workforce Investment Board and the  
          Employment Development Department to collaboratively implement  
          the Governor's WIA Strategic Plan.   Existing law authorizes the  
          Employment Development Department (EDD) to administer a variety  
          of services to Californians under the Job Service, Unemployment  
          Insurance, Disability Insurance, Workforce Investment, and Labor  
          Market Information programs.  

           Existing law  provides for the payment of unemployment  
          compensation benefits to eligible unemployed persons during the  
          period that the person is unemployed, and requires EDD to  
          implement and administer the program.  The Unemployment  
          Insurance (UI) program is a federal-state program that provides  
          weekly UI payments to eligible workers who lose their jobs  
          through no fault of their own.  Eligibility for UI benefits  
          requires a claimant to be able to work, be seeking work, be  
          willing to accept a suitable job, and meet certain income and  
          other criteria.   UI applicants can apply for benefits by filing  
          an online application, contacting EDD by telephone or by faxing  
          or mailing EDD an application available online. 

           Existing law  authorizes the Workforce Services Branch, within  
          EDD, to administer several statewide workforce preparation  
          programs and initiatives that focus on preparing adults and  
          youth for the labor force and building the State's economy.   
          Workforce investment services are provided through comprehensive  
          One-Stop Career Centers that provide access to a full range of  
          services pertaining to educational activities, employer  
          services, and referrals to other appropriate social services.   
          Among other things, one-stop career centers make job outreach,  
          intake, job search and placement assistance, and other related  
          services available in one location.  


           This Bill  would require the Employment Development Department,  
          on or before July 1, 2011, to provide in-person unemployment  
          benefit assistance in at least one comprehensive one-stop career  
          center in each workforce area, as defined.   Specifically, this  
          bill would require the department to:
          Hearing Date:  June 23, 2010                             AB 1827  
          Consultant: Alma Perez                                   Page 2

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                 Ensure that customer service personnel at those career  
               centers are fully trained regarding the policy, laws, and  
               regulations governing eligibility, claims processing, and  
               procedures for the payment of unemployment compensation  
               benefits.  

                 Provide printed information regarding eligibility and  
               the process for filing claims for unemployment compensation  
               benefits at those one-stop career centers. 

                 Fund the unemployment benefit assistance services  
               provided at these one-stop career centers with existing  
               money available to the department for the administration of  
               the unemployment compensation program. 

                 Reallocate existing resources, including staff and  
               equipment, and work with one-stop career center partners in  
               order to accommodate customer service personnel that will  
               implement this assistance.

          The provisions of this bill would stay in effect until the end  
          of the calendar day of December 31, 2014, unless a later enacted  
          statute deletes or extends that date.  








                                      COMMENTS
          
          1.  Background on EDD:

             The UI Program, administered by the Employment Development  
            Department (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  
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            of EDD where telephone and online services took the place of  
            in-person assistance.   In 1995, the state eliminated the EDD  
            UI field offices and opted for telephone assistance through  
            call centers.  Today, unemployed individuals can file for  
            benefits on-line, by telephone, mail or fax.  EDD offers some  
            in-person assistance 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.  

            While many unemployed are able to use the on-line  
            applications, many others have questions about the application  
            form, don't have access to computers, or encounter problems  
            with their applications.  People encountering difficulties or  
            questions need to speak with an EDD person who is  
            knowledgeable about UI.  As a result of the high demand for UI  
            benefits, at any given time there are thousands of people  
            trying to contact EDD through their call centers, online or by  
            mail.  In December of 2008, 25.6 million callers to UI call  
            centers received busy signals or recordings saying to try  
            again later.  During the period 2004 to 2008, a total of 73.3  
            million calls could not be handled by the UI telephone claim  
            filing system.  In January 2009, another 42 million calls went  
            unanswered.  Callers unable to reach operators were diverted  
            to a pre-recorded message system that, according to the  
            author, has cost the state an estimated $5.7 million since  
            2004. 

            2. Need for this bill?

             With California's unemployment rate currently at 12.6%, the  
            highest unemployment rate in more than two decades, unemployed  
            workers are in great need of UI benefits to sustain their  
            families through this difficult economy.  Unfortunately, the  
            UI call centers have been unable to keep up with the volume of  
            calls generated by the high number of unemployed Californians,  
            leaving many unemployed workers unable to navigate the state  
            UI system and obtain the UI benefits they need. 

            The EDD has responded to the problems unemployed workers are  
            facing in filing for benefits by undertaking a number of  
            initiatives that include the hiring of over 1,600 staff  
          Hearing Date:  June 23, 2010                             AB 1827  
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            representatives, increasing UI call center hours to provide  
            more access to telephone services, implementing a new  
            toll-free number for individuals to obtain UI information, in  
            addition to training EDD workforce services program  
            representatives to provide UI information and claim status  
            services to individuals reporting to one-stop career centers.   
            According to EDD, these initiatives have greatly assisted with  
            serving more UI customers.  

            However, because of the frustration in 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 unemployment  
            insurance 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.    


          3.  Massachusetts as an Example  :

            Under the state of Massachusetts' administration of the  
            government laws, the Division of Unemployment Assistance,  
            within the Department of Workforce Development, is required to  
            provide a minimum level of in-person assistance at 15 regional  
            offices within the state.  In addition to access by telephone  
            to offices of the division, the deputy director of the  
            division is required to maintain walk-in service, including  
            the provision of general information, application assistance,  
            claims information and orientation.  At a walk-in center in  
            the state of Massachusetts, an unemployed worker can file a  
            new claim for benefits, reopen an existing claim, be  
            interviewed if there are issues that affect eligibility,  
            resolve problems with a claim, and attend a career seminar  
            session.  In addition, in the state of Massachusetts a  
            claimant is deemed to have initiated a claim for unemployment  
            compensation benefits on the first day that the claimant  
            contacts or attempts to contact the division, whether or not  
            the claimant was able to speak with a division representative  
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            at the time.  

            4. Proponent Arguments  :
            
            Proponents of the measure argue that with unemployment rates  
            at their highest levels in more than two decades, California's  
            laid-off workers are struggling not only to find new work, but  
            also to access UI benefits while they search for employment.   
            Proponents argue that the surge of unemployed workers has lead  
            to a flood of calls to the states UI call centers where many  
            cannot get through to get the assistance they need.  According  
            to the author, sadly, an estimated 2.3 million Californians,  
            or 12.4 percent of the labor force, are unemployed.   
            Proponents believe 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 to 30 times or  
            more before reaching a UI worker who can provide assistance.

            Proponents support the efforts that EDD and its employees have  
            undertaken to ease these backlogs, but laid-off workers need  
            more help.  However, proponents argue that when unemployed  
            workers go to a one-stop looking for assistance with their UI  
            claim, the workers at the one-stop career centers are left  
            pointing to a phone and telling them that they need to call  
            into the UI system.  According to proponents, any workforce  
            services worker who is able to answer UI questions and handle  
            the UI problem, has probably not had UI training in more than  
            10 years.  

            According to proponents, this is a simple measure that would  
            allow EDD to adjust its existing resources to give out-of-work  
            Californians the option of in-person UI assistance to  
            complement online applications, mail-in, and call center  
            applications, and will allow UI employees an opportunity to  
            once again work in a field office to assist out-of-work  
            Californian's with their claims.  In addition, proponents  
            argue, this bill will allow applicants and workers to resolve  
            claims issues quickly and efficiently while also giving  
            workers the opportunity to get immediate answers to some of  
            their claims questions, alleviating the need for corrections  
            later in the process. 

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              5.   Opponent Arguments  :

            No letters of opposition have been received by this committee;  
            however, the analysis of this bill from the assembly states  
            that some associations are opposed because this bill would  
            significantly shift costs and resources used to administer the  
            UI Fund, potentially creating      a disruption in the  
            delivery of benefits to the unemployed.  In addition, they  
            argue that shifting resources from the current centralized  
            call center to in-person services does not guarantee more  
            efficiency or better access.  According to the analysis,  
            opponents believe that current resources should be prioritized  
            to continue upgrading the outdated computer systems and hire  
            more employees for the call centers.

          6.  Prior Legislation  :

            AB 857 (Galgiani) of 2009:  Held in Senate Appropriations 
            This bill [AB 1827] is almost identical to AB 857 (Galgiani)  
            from 2009, which proposed to require EDD to provide in-person  
            unemployment benefit assistance in at least one comprehensive  
            state on-stop career center in each workforce area.  AB 857  
            did not include language about reallocating resources to  
            implement the requirements of the bill, nor did it have a  
            sunset like this bill does.  AB 857 was held under submission  
            by the Senate Appropriations Committee.    
           


                                       SUPPORT
          
          Service Employees International Union, Local 1000 - Sponsor
          California Labor Federation
          

                                     OPPOSITION
          
          None received to date. 


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          Hearing Date:  June 23, 2010                             AB 1827  
          Consultant: Alma Perez                                   Page 7

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          Hearing Date:  June 23, 2010                             AB 1827  
          Consultant: Alma Perez                                   Page 8

          Senate Committee on Labor and Industrial Relations