BILL ANALYSIS �
AB 2261
Page 1
Date of Hearing: April 29, 2014
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Sharon Quirk-Silva, Chair
AB 2261 (Gorell) - As Amended: April 22, 2014
SUBJECT : Veterans Services and Workforce Division: veterans'
benefits.
SUMMARY : Establishes the California Veterans Services and
Workforce Development Division (Division) within the Department
of Veterans Affairs (Department) for the purpose of coordinating
and administering veterans assistance programs in the state with
duties as specified. Requires the administrative and support
staff responsible for the administration of the specified
programs to be transferred from the Employment Development
Department (EDD), as specified. Specifically, this bill :
1)Makes findings and declarations in support of modifying the
services delivery system to veterans and in support of
consolidating specified programs under the Department.
2)Establishes the Division in the Department for the purpose of
coordinating and administering veterans assistance programs
provided by the state.
3)Directs that the Department Secretary shall have authority
over the Division.
4)Mandates that Division shall do all of the following:
a) Coordinate with state entities that provide a benefit or
assistance to veterans to ensure both of the following:
i) State entities provide information to veterans
regarding all other assistance programs and benefits
provided by the state.
ii) State entities are aware of changes in existing
veterans programs or the establishment of new veterans
programs provided by the state.
b) Collaborate with the California Interagency Council on
Veterans to implement further strategic changes to the
delivery of veterans services.
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5)Mandates that 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) (collectively the Programs).
6)Requires the Division to coordinate with the EDD for the
transfer of the administration of the Programs from the EDD to
the Division, including, but not limited to, all of the
following:
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 the
Programs. Mandates that 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. Also
mandates that the personnel records of all transferred
employees shall be transferred to the Division.
b) Transferring to the division all records of the EDD
related to the administration of the Programs. The
Department of General Services shall resolve any questions
of which records should be transferred.
c) Transferring to the Division all unexpended balances of
appropriations and other funds available for use for the
administration of the Programs 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.
7)Mandates that any costs incurred by the Department in
implementing the transfer shall be paid utilizing existing
resources of the Department.
EXISTING LAW :
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1)Establishes the Department of Veterans Affairs within state
government and sets forth its powers and duties, including,
but not limited to, administration of veterans benefits
programs. Also, existing law establishes within the California
Department of Veterans Affairs, the Veterans Service Division.
2)Establishes the California Veterans Board within the
department and sets forth its powers and duties, including,
but not limited to its power to determine operational policy
for the department.
FISCAL EFFECT : Unknown at this time.
COMMENTS :
Texas Outreach Model
In 2005, the United States Department Veterans Affairs sent $6
billion in funding to the state of California. Of this amount,
$2.66 billion was in the form of disability payments to
veterans. However, Texas, with a veteran population of only 1.7
million, collected 44 percent more in veteran disability
payments than California.
Job Training and Employment Service to Veterans
Currently, California receives approximately $18 million dollars
annually from the United States Department of Labor to pay for
approximately 180 workforce training staff. Assigned to
positions within the EDD, these federally funded staff are
dedicated to serving the needs of veterans. Some of the staff
are located in Sacramento, while others are spread throughout
the state at the EDD's one-stop job centers.
As a part of "Operation Welcome Home," a program from the
previous administration for California veterans, the EDD hired
approximately 325 limited term employees beginning January 2010
to make up the Cal-Vet Corps. EDD used these personnel to help
newly discharged veterans access the benefits and services they
need to successfully enter the civilian workforce. This program
has been discontinued under the current administration.
In addition to the efforts outlined above, the state currently
spends in excess of $500 million in a variety of job training
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efforts. Those programs, while not targeted exclusively at
serving veterans, would be available for most veterans to access
if they meet the eligibility requirements of the programs.
The EDD is responsible, in coordination with the California
Workforce Investment Board, for administering a federal
Department of Labor Veterans Employment Training grant. The
DVOP operates under the federal rules and regulations but no
state regulations have been created to codify this program.
Through the Employment Development Department's One-Stop system,
veteran customers may elect self-service, facilitated self-help,
or staff-assisted one-on-one service. Most veterans are able to
use the self-service systems and will self-identify as veterans
to establish their eligibility for veterans' priority. The LVER
and DVOP staff members are available at One-Stop Career Centers
to provide facilitated self-help or staff-assisted service to
veterans who require additional assistance. LVER and DVOP staff
screen veterans for potential barriers to employment and
identify the need for additional services. At each One-Stop
center, LVER and DVOP staff also undertake to expand information
provided to veterans regarding available services.
At the request of One-Stop partners, LVER and DVOP staff may
also be assigned to other locations that serve large veteran
populations; and case management services for veterans are
customer-focused and customer-driven. These include referrals
from the Department of Veterans Affairs Vocational
Rehabilitation and Counseling system. Veterans are provided
choices based upon need and the resources available to meet
those needs. When necessary and when appropriate, customers will
be assisted in accessing resources outside of the One-Stop
systems.
The One-Stops, administered through local workforce investment
boards, are a statewide network of centers that provide
employment, education, and training services all in one
location. The One-Stops work with public and private non-profit
partners to provide their services. The One-Stops include
programs such as Job Services, Unemployment Insurance,
Vocational Education, and Vocational Rehabilitation including
services particularly targeted to veterans.
The TAP is a federal program that was created to assist military
personnel that are preparing to separate or retire. This
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program has recently undergone a substantial change and is now
known as the Transition Goals, Plans, and Success (TGPS)
program. TGPS attempts to improve upon the previous TAP in
several ways, including permitting some customization to
individual servicemembers' needs.
The California Department of Veterans Affairs Operational
Capabilities
The mission of the California Department of Veterans Affairs
(department) is to serve these veterans and their families by
providing rehabilitative, residential, and medical care services
to the State's aged or disabled veterans; providing veterans
with direct low-cost loans to acquire
farms and homes; and providing veterans and their families with
aid and assistance in presenting their claims for federal,
state, and local veterans' benefits.
The department does not consider its role to include providing
direct services that are already offered by other agencies;
rather, the services the department provides to veterans exist
within a
larger service delivery system that it relies on its Veterans
Services Division to connect and coordinate with. This service
delivery system consists of a variety of key players that
provide direct services to veterans, including the federal VA,
certain state agencies, veterans' service organizations, and
counties.
The October 27, 2009 audit report published by the California
State Auditor identified the Department of Alcohol and Drug
Programs, the EDD, the Employment Training Panel, the Department
of Housing and Community Development, the Labor and Workforce
Development Agency, the Department of Mental Health, and the
Military Department as examples of other state entities that
might serve veterans. The audit findings found that the
California Department of Veterans Affairs has collaborated with,
or is making efforts to collaborate with, the all of these state
entities mentioned in this paragraph. However, there are few
formal agreements with the state entities that the Veterans
Services Division collaborates with. Therefore they are unable
to be accountable or hold any one accountable for the agreed
upon services and are unable to ensure that these services could
continue despite staff turnover, changes in agency priorities,
or other factors that could erode collaborative efforts.
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Audit reveals shortcomings at the California Department of
Veterans Affairs
The October 27, 2009 audit report published by the Bureau of
State Audits found that the Department of Veterans Affairs
provides few direct services to veterans, outside of its
operation of the Veterans' Homes of California and the CalVet
Farm and Home Loan program, and that the department has
extremely limited interaction and few formal agreements with
other state agencies and departments that could provide
additional services to veterans if done in a coordinated and
efficient manner.
The 2009 audit additionally noted that the Department of
Veterans Affairs strategic plan covering the 2007-08 to 2011-12
fiscal years, inclusive, was incomplete and has not formally
assessed veterans' needs, has not included key stakeholders in
its strategic planning process, and has not effectively measured
its progress towards meeting the goals and objectives identified
in the plan.
The 2009 audit additionally confirmed that California's veterans
participate in federal disability and pension benefits at rates
that are significantly lower than those in other states with
large veteran populations. These disability payments are paid
directly to the veterans and generate a significant contribution
to California's economy.
Questions for Committee Members
Which department is best suited to deliver high quality job
training and employment services to veterans? The EDD and
Department are charged with helping veterans find services and
both have shown they are at times challenged at meeting the
requirements of providing quality service to veterans. This
would put this department in the business of providing a direct
service outside of the CalVet Home Loan Program and the
administration of the Veterans Home of California.
Related Legislation :
AB 1268 (John A. Perez, 2013) is on the Senate floor and
conflicts with the instant measure. It would establish a
Veterans Workforce Development and Employment Office within the
Labor and Workforce Development Agency and transfer the Programs
AB 2261
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to that division.
Several similar bills have attempted various similar transfers
and consolidations but have been unsuccessful:
AB 171 (Chavez, 2013)
AB 1931 (Gorell, 2012)
AB 748 (Gilmore, 2009)
REGISTERED SUPPORT / OPPOSITION :
Support
American Association of Retired Persons
American Legion, Department of California
AMVETS, Department of California
California Association of County Veterans Service Officers
California State Commanders Veterans Council
Military Officers Association of America, California Council of
Chapters
Veterans of Foreign Wars, Department of California
Vietnam Veterans of America, California State Council
Opposition
None.
Analysis Prepared by : John Spangler/ V. A. / (916) 319-3550