BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                  SB 1258|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
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                                 THIRD READING


          Bill No:  SB 1258
          Author:   Wolk (D) and Correa (D), et al.
          Amended:  5/29/12
          Vote:     21

           
           SENATE VETERANS AFFAIRS COMMITTEE  :  7-0, 4/10/12
          AYES:  Correa, Cannella, Berryhill, Calderon, Negrete 
            McLeod, Rubio, Lieu
          NO VOTE RECORDED:  Runner

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 5/24/12
          AYES:  Kehoe, Walters, Alquist, Dutton, Lieu, Price, 
            Steinberg


           SUBJECT  :    Department of Veterans Affairs:  monitoring 
          outcomes for
                      veterans:  Director of Employment Development:  

                      disclosure of information

           SOURCE  :     Author


           DIGEST  :    This bill requires the Department of Veterans 
          Affairs (DVA) to establish a system in conjunction with the 
          Employment Development Department (EDD) to develop outcome 
          indicators of veterans, and to report to the Legislature 
          annually beginning March 1, 2015.  This bill also 
          authorizes DVA to receive information held by other state 
          agencies as it relates to outcomes for veterans in 
          California, for purposes of monitoring these outcomes and 
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          improving the operations of services and programs intended 
          to support the needs of veterans.

           ANALYSIS  :    Existing law:

          1.Establishes DVA, which is responsible for administering 
            various programs and services for the benefit of 
            veterans.

          2.Ensures the information obtained in the administration of 
            the Unemployment Insurance Law is for the exclusive use 
            and information of the Director of EDD in the discharge 
            of his or her duties and is not open to the public.

          3.Requires the director to permit the use of specified 
            information for specified purposes, and allows the 
            director to require reimbursement for direct costs 
            incurred.

          4.Provides that a person who knowingly accesses, uses, or 
            discloses this confidential information without 
            authorization is guilty of a misdemeanor.

          This bill:

          1.Requires the DVA to develop outcome indictors for 
            veterans including employment and employment-related 
            earnings, incidence of suicide, higher education, and 
            involvement with the child welfare system and with the 
            criminal justice system.

          2.Authorizes the DVA to receive data from other state 
            agencies or departments as long as access to that data is 
            not limited by state or federal law.

          3.Requires the DVA to ensure confidentiality of the 
            information it receives from other departments.

          4.Authorizes DVA to establish advisory bodies as necessary, 
            and to use the California Interagency Council on Veterans 
            as an advisory body.

          5.Requires DVA to provide a progress report by March 1, 
            2015, on the outcome indicators developed by DVA.  The 

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            report shall also include recommendations on ways to 
            establish a system for monitoring outcomes of veterans, 
            including additional staffing or technology that might be 
            necessary, as well as any regulatory or fiscal barriers 
            that may hinder future progress on the development of a 
            monitoring system.  This requirement is inactive on March 
            1, 2019.

          6.Requires the Director of EDD to release quarterly wage 
            data to the DVA. 

          This bill is intended to provide a mechanism that will 
          allow the state to track veterans and the benefits they 
          obtain such as employment, length of employment, college 
          attendance, as well as whether the veterans have been 
          reported to other state agencies for instances relating to 
          suicide, child welfare instances, or involvement with the 
          criminal justice system.  Once the data is identified, 
          future programs can be initiated that will assist veterans 
          in getting the benefits they need and are eligible to 
          receive under both existing state and federal programs. 

           Background
           
          The Federal Veterans Administration (VA) is backlogged over 
          1 million cases in admitting veterans into its system.  
          This means that often veterans are not treated in the 
          meantime.  As a result that means veterans with mental 
          health issues are going untreated by the Federal 
          Government.

          In May of 2011 the 9th Circuit Court of Appeals labeled 
          VA's treatment of veterans with mental health issues as 
          "unchecked incompetence" and then ordered a complete 
          overhaul of the VA mental health system.  

          Veterans represent a disproportionate percentage of those 
          who commit suicide.  18 veterans per day are committing 
          suicide, and VA has said it identifies 1,000 suicide 
          attempts per month.  It is believed that one out of five 
          veterans returning from Iraq will have Post Traumatic 
          Stress Disorder.

          There is no state system for mental health treatment, 

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          mental health is a local issue.  Since there is not 
          necessarily consistent treatment at the county level, then 
          there is no guarantee that a veteran who is not receiving 
          treatment from the VA will be treated locally.  Treatment 
          depends on the county mental health plan. 

          Veterans represent a disproportionate percentage of those 
          who are unemployed.  Testimony before the Senate Veterans 
          Affairs Committee by the California Military Department in 
          2011 put unemployment at over 20 percent for the Army 
          National Guard veterans and 28 percent for Air National 
          Guard veterans.

          State agencies have been reluctant to share, and in some 
          cases even to gather, statistics about veterans within 
          their purview.  AB 716 of 2009 (Huber) would have allowed 
          DVA to enter into MOUs with state agencies to collect this 
          data.  However, Governor Schwarzenegger vetoed the bill as 
          unnecessary.  

          Because of hurdles that veterans now face and because 
          information is not shared, a new Interagency Council on 
          Veterans now exists by executive order of the new governor. 


           Comments
           
          Although there are numerous federal and state benefits 
          available for California veterans, there appears to be a 
          disconnect between those veterans and their ability to 
          actually obtain available benefits.  Additionally, there is 
          no current system that tracks California veterans and 
          monitors the benefits they receive.

          In August 2011, Governor Brown issued Executive Order 
          B-9-11 which created the California Interagency Council on 
          Veterans and ordered that the Secretaries of the Labor and 
          Workforce Development Agency, California Volunteers, the 
          Business Transportation and Housing Agency, the Health and 
          Human Services Agency, and the Department of Corrections 
          and Rehabilitation, the Adjutant General of the Military 
          Department, and the Directors of the Employment Development 
          Department, the Department of Consumer Affairs, the 
          Department of Rehabilitation, and the Department of Housing 

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          and Community Development are appointed as members of the 
          California Interagency Council on Veterans.  The purpose of 
          the Council 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.  The 
          Council has held several meetings to date, and in February 
          brought together more than 130 representatives from 
          federal, state, and local organizations to discuss ways to 
          streamline the process to enable veterans and their 
          families to claim benefits and services they have earned 
          through military service.

           FISCAL EFFECT :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

          According to the Senate Appropriations Committee, 
          approximately $20,000 one time.  General Fund.

           SUPPORT  :   (Verified  5/29/12 )

          American Federation of State, County and Municipal 
          Employees
          American Legion, Department of California
          AMVETS, Department of California
          California Association of County Veterans Service Officers
          California Association of Veteran Service Agencies
          California Senior Legislature
          Vietnam Veterans of America, California State Council

           OPPOSITION  :    (Verified  5/29/12)

          Department of Finance


          RM:nl  5/29/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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