California 2009-2010 Regular Session

California Assembly Bill AB1378 Latest Draft

Bill / Amended Version Filed 08/20/2010

 BILL NUMBER: AB 1378AMENDED BILL TEXT AMENDED IN SENATE AUGUST 20, 2010 AMENDED IN SENATE AUGUST 17, 2010 AMENDED IN SENATE JUNE 16, 2010 AMENDED IN ASSEMBLY JANUARY 4, 2010 INTRODUCED BY Assembly Members V. Manuel Perez, Fletcher, and Salas FEBRUARY 27, 2009  An act to add and repeal Section 14013.5 of the Unemployment Insurance Code, relating to workforce investment.   An act to amend Section 999.80 of the Military and Veterans Code, relating to veterans, and declaring the urgency thereof, to take effect immediately.  LEGISLATIVE COUNSEL'S DIGEST AB 1378, as amended, V. Manuel Perez.  California Workforce Investment Board: veterans workforce program.   Veterans services: federal Workforce Investment Act: funding criteria.   Existing law requires an entity or its subcontractors that receives specified funding from the federal Workforce Investment Act of 1998, as provided in the Budget Act of 2009, and future budget acts, to meet the following 2 criteria: (1) demonstrate the knowledge, experience, and capacity to provide desired services to veterans, and (2) demonstrate that the majority of the entity's WIA resources are dedicated to serving the needs of veterans and their families.   This bill would delete the 2nd criteria and would instead require these entities to demonstrate the ability to create, utilize, and participate in local partnerships, including those with local workforce investment boards, educational agencies, training organizations, and other key stakeholders to leverage resources and provide a full array of workforce services for serving the needs of veterans and their families.   This bill would declare that it is to take effect immediately as an urgency statute.   The federal Workforce Investment Act of 1998 provides for workforce investment activities, including activities in which states may participate. Under existing law, the California Workforce Investment Board is responsible for assisting the Governor in the development, oversight, and continuous improvement of California's workforce investment system. Existing law requires the board, among other things, to assist the Governor with promoting the development of a well-educated and highly skilled workforce and developing the State Workforce Investment Plan.   This bill would establish the Veterans Workforce Accountability Act for the purpose of providing a method for the comprehensive and transparent evaluation of expenditures for veteran workforce development programs in the state, as specified. The bill would require the board to conduct an assessment of those programs, and, in consultation with the Employment Training Panel, the Department of Veterans Affairs, and representatives of the Employment Development Department, to implement and administer provisions of the act, as provided. The bill would require the board, to report to the Governor and the appropriate legislative policy and budget committees by December 31, 2011, on the effectiveness of existing job skills development, training, and referral programs for military veterans who are transitioning to civilian work.   The bill would provide that the provisions of the bill shall only be implemented to the extent that federal funds are made available to the state for the purposes of the bill.  Vote:  majority   2/3  . Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 999.80 of the   Military and Veterans Code  is amended to read:  999.80. Any entity, or other entity with which it subcontracts, that receives funding from the federal Workforce Investment Act of 1998 (WIA) (29 U.S.C. Sec. 2801 et seq.), as identified in Item 7100-001-0869, schedule (4) 61.60 - WIA Removing Barriers for Special Needs Populations, identified for use for veterans, of Section 2.00 of the Budget Act of 2009 (Chapter 1 of the Statutes of the 2009 Third Extraordinary Session), and future budget acts, shall meet the following criteria: (a) Demonstrate the knowledge, experience, and capacity to provide desired services to veterans. (b) Demonstrate  that the majority of the entity's WIA resources are dedicated to   the ability to create, utilize, and participate in local partnerships, including those with local workforce investment boards, educational agencies, training organizations, and other key stakeholders to leverage resources and provide a full array of workforce services for  serving the needs of veterans and their families.  SEC. 2.   This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:   Due to existing provisions which are ambiguous and, depending upon interpretation, would exclude otherwise responsible bidders from participating in a competitive procurement process, and, unless amended, those existing provisions could unintentionally limit veterans from receiving the fullest array of services and eliminate the opportunity for leveraging additional Workforce Investment Act resources to provide supportive services to veterans, and in order to address this matter in a timely manner, it is necessary that this act take effect immediately.   SECTION 1.   Section 14013.5 is added to the Unemployment Insurance Code, to read: 14013.5. (a) The Veterans Workforce Accountability Act is hereby established for the purpose of providing a method for the comprehensive and transparent evaluation of expenditures for veteran workforce development programs in the state. The board shall conduct an assessment evaluating the effectiveness of those programs that assist veterans with the transition to civilian work, which are funded with federal moneys provided to the state, including the approximately eighteen million dollar ($18,000,000) annual grant that the state receives from the United States Department of Labor. (b) The board, in consultation with the Employment Training Panel, the Department of Veterans Affairs, and representatives of the department shall outline, implement, and administer this section. The board shall also develop clear, comprehensive, and transparent objectives, and appropriate criteria that may be used to evaluate the effectiveness of existing workforce training and job referral programs for veterans. (c) The assessment required to be prepared pursuant to this section shall evaluate all of the following: (1) The extent to which moneys are being expended for outreach, assessment of job skills and interests, and the referral of veterans to specific training opportunities and prospective job placement. The outreach measures required to be assessed pursuant to this subdivision shall also include an evaluation of the provision of information to veterans regarding ways to finance training opportunities that require fees or the payment of tuition. (2) The extent to which moneys are being expended for the assessment of job skills acquired during military service that may be used, or adapted for use, for civilian purposes by the veteran client. (3) The extent to which moneys are being expended to provide workforce training and job referral programs for eligible veterans at one-stop career centers. (d) The board shall report to the Governor and the appropriate legislative policy and budget committees by December 31, 2011, on the effectiveness of existing job skills and employment opportunities provided to military veterans who are transitioning to civilian work. (e) This section shall only be implemented to the extent that federal funds are made available to the state for purposes of this section. (f) (1) A report to be submitted pursuant to subdivision (d) shall be submitted in compliance with Section 9795 of the Government Code. (2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on December 31, 2015.