Amended in Assembly April 22, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2261

Introduced by Assembly Member Gorell

February 21, 2014

An act to add Section 81 to the Military and Veterans Code, relating to veterans.

LEGISLATIVE COUNSEL’S DIGEST

AB 2261, as amended, Gorell. begin insert California end insert Veterans Services and Workforce begin delete Division: veterans’ benefits. end delete begin insert Development Division. end insert

Existing law establishes the Department of Veterans begin delete Affairs, which administers end delete begin insert Affairs to administer end insert various benefits for veterans.

This bill would begin delete create a end delete begin insert establish the California end insert Veterans Services and Workforce Development Division within the begin delete Department of Veterans Affairs to develop a Transitional Assistance Program and to oversee the Local Veterans Employment Representatives and Disabled Veterans Outreach Program. This bill would require specified staff to be transferred from various departments and agencies to the Veterans Services and Workforce Division. This bill would require a head of a state agency or department to report to the Secretary of Veterans Affairs when a new program is established that may assist veterans. end delete begin insert department to administer veterans assistance programs provided by the state, and to coordinate with other state entities regarding informing veterans of benefits and assistance programs and changes in existing veterans programs or new veterans programs. This bill would on or before July 1, 2015, require the division to administer the programs and services described in the federal Jobs for Veterans State Grant Program, as specified. This bill would require the division to coordinate with the Employment Development Department (EDD) for the transfer of the existing administration of these programs and services from the EDD to the division, including, but not limited to, coordinating the transfer of state civil service employees, records, and appropriated funds related to the administration of these programs. This bill would require the department to utilize its existing resources to pay any costs incurred by the department in implementing the transfer. This bill would also make legislative findings and declarations relating to the need for, and provision of, services for veterans. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares the following:

(a) California has the largest veteran population in the nation,
comprised of an estimated 2 million veterans.

(b) Each month, thousands of military personnel are released
from active service and face tremendous challenges transitioning
back into civilian life.

(c) The challenges veterans face are compounded by a system,
intended to help them, that is generally recognized as being difficult
and complex to navigate.

(d) Increasing disability benefit participation to the national
average could lead to a distribution of an additional $330,000,000
in annual payments to California veterans.

begin insert

(e) The Bureau of Labor Statistics has indicated that
California’s unemployment rate for veterans is 7.9 percent, with
Post-9/11 veterans’ unemployment rate at 10.6 percent.

end insert begin insert

(f) According to the 2013 Annual Homeless Assessment Report
to Congress, California has an estimated 15,179 homeless veterans
- three times more than the next highest state of Florida.

end insert begin insert

(g) Other states have addressed their deficiencies towards
veterans service by consolidating or combining the efforts of state
agencies and departments that provide services for their veterans.

end insert begin insert

(h) The Department of Veterans Affairs established a veterans
services division as a resource for veterans to obtain benefits and
information on services.

end insert begin insert

(i) The California State Auditor, the Little Hoover Commission,
the California Research Bureau, the Legislative Analyst, and
several legislative hearings of the Senate Committee on Veterans
Affairs, the Assembly Committee on Veterans Affairs, and the
Assembly Committee on Jobs, Economic Development, and the
Economy have indicated that the current delivery system for
veterans services is failing California’s veterans.

end insert

SEC. 2.  

Section 81 is added to the Military and Veterans Code,
to read:

81.  

(a)  begin delete A end delete begin insert The California end insert Veterans Services and Workforce
Development Division begin delete shall be end delete begin insert is hereby end insert established in the
begin delete department. end delete begin insert department for the purpose of coordinating and
administering veterans assistance programs provided by the state.
The secretary shall have authority over the division. end insert

begin delete

(b) The Veterans Services and Workforce Division shall develop
a Transitional Assistance Program and oversee the following
programs:

(1) The Local Veterans Employment Representatives.

(2) Disabled Veterans Outreach Program.

(c) Staff with specified knowledge and information from the
following departments and agencies shall be transferred to the
Veterans Service and Workforce Division to facilitate a one-stop
shop for veterans by utilizing other workforce investment
programs:

(1) Employment Training Panel.

(2) Labor and Workforce Development Agency.

(3) California Workforce Investment Board.

(4) State Department of Mental Health.

(5) Department of General Services.

(6) State Department of Alcohol and Drug Programs.

(7) California State University.

(8) University of California.

(9) California Community Colleges.

(10) Department of Corrections and Rehabilitation.

(d) The secretary shall have authority over the Veterans Services
and Workforce Division.

(e) A head of a state agency or department shall report to the
secretary when a new program is established that may assist
veterans.

end delete begin insert

(b) The division shall do all of the following:

end insert begin insert

(1) Coordinate with state entities that provide a benefit or
assistance to veterans to ensure both of the following:

end insert begin insert

(A) State entities provide information to veterans regarding all
other assistance programs and benefits provided by the state.

end insert begin insert

(B) State entities are aware of changes in existing veterans
programs or the establishment of new veterans programs provided
by the state.

end insert begin insert

(2) Collaborate with the California Interagency Council on
Veterans to implement further strategic changes to the delivery of
veterans services.

end insert begin insert

(c) (1) Beginning on or before July 1, 2015, the division shall
administer the programs and services described in the federal Jobs
for Veterans State Grant Program, including, but not limited to,
overseeing the federal Local Veterans’ Employment
Representatives program (LVER), the Transition Assistance
Program (TAP), and the Disabled Veterans’ Outreach Program
(DVOP).

end insert begin insert

(2) The division shall coordinate with the Employment
Development Department for the transfer of the administration of
the programs in paragraph (1) from the Employment Development
Department to the division, including, but not limited to, all of the
following:

end insert begin insert

(A) Transferring to the division employees serving in state civil
service, other than temporary employees, who are engaged in the
performance of the administration of programs in paragraph (1).
The status, positions, and rights of those persons shall not be
affected by their transfer and shall continue to be retained by those
persons pursuant to the State Civil Service Act (Part 2
(commencing with Section 18500) of Division 5 of Title 2 of the
Government Code), except as to positions the duties of which are
vested in a position exempt from civil service. The personnel
records of all transferred employees shall be transferred to the
division.

end insert begin insert

(B) Transferring to the division all records of the Employment
Development Department related to the administration of the
programs described in paragraph (1). The Department of General
Services shall resolve any questions of which records should be
transferred under this subparagraph.

end insert begin insert

(C) Transferring to the division all unexpended balances of
appropriations and other funds available for use for the
administration of the programs described in paragraph (1) for
expenditure for the purpose for which the appropriation was
originally made or the funds were originally available. The
Department of Finance shall resolve any questions of where the
balances and funds should be transferred.

end insert begin insert

(3) Any costs incurred by the department in implementing the
transfer required by this subdivision shall be paid utilizing existing
resources of the department.

end insert