AB 1275: Department of Veterans Affairs: monitoring outcomes for veterans: Director of Employment Development: disclosure of information.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-02-17
Existing law establishes the Department of Veterans Affairs, which is responsible for administering various programs and services for the benefit of veterans.
This bill would require the Department of Veterans Affairs to develop outcome and related indicators for veterans, for the purpose of assessing the status of veterans in California, for monitoring the quality of programs intended to serve those veterans, and to guide decisionmaking on how to improve those services. This bill would require the department to report to the Senate and Assembly Committees on Veterans Affairs all of the outcome and related indicators developed by the department, recommendations on ways to establish a system for monitoring those indicators on a continual basis, and any regulatory or fiscal barriers that may hinder future progress on the development of a monitoring system, as provided.
Under existing law, the information obtained in the administration of the Unemployment Insurance Law is for the exclusive use and information of the Director of Employment Development in the discharge of his or her duties and is not open to the public. However, existing law requires the director to permit the use of specified information for specified purposes, and allows the director to require reimbursement for direct costs incurred. Existing law provides that a person who knowingly accesses, uses, or discloses this confidential information without authorization is guilty of a misdemeanor.
This bill would require the Director of Employment Development to permit the receipt of specified information to enable the Department of Veterans Affairs to develop outcome and related indicators for veterans. By providing this information to the Department of Veterans Affairs, this bill would expand the crime related to the unauthorized disclosure of this information, and impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
It is the intent of the Legislature in enacting this act to authorize the Department of Veterans Affairs to receive information held by other state agencies as it relates to outcomes for veterans in California, for purposes of monitoring these outcomes and improving the operations of services and programs intended to support the needs of veterans.
SEC. 2.Section 714 is added to the Military and Veterans Code, to read:714.(a)(1)The department shall develop outcome and related indicators for veterans for the purpose of assessing the status of veterans in California, for monitoring the quality of programs intended to serve those veterans, and to guide decisionmaking on how to improve those services.
(2)Indicators shall reflect the following issues, including, but not limited to, employment and employment-related information such as earnings, incidence of suicide, higher education, including access to higher education, involvement with the child welfare system, and involvement with the criminal justice system.
(b)The department may receive any data, the access to which is not restricted by any state or federal law, that are necessary to develop outcome and related indicators as specified in subdivision (a), including, but not limited to, data held by other state agencies or departments.
(c)The department shall prescribe a manner in which to ensure the confidentiality of information in the possession of the department received pursuant to this section, that is equal to, or greater than, the protections in place for data received by other state agencies or departments.
(d)The department may establish one or more advisory bodies to guide and inform the selection of outcome and related indicators and the strategy for developing and reporting those indicators, as determined by the Secretary of Veterans Affairs. An existing state entity that involves diverse representation of state and local veterans, including, but not limited to, the California Interagency Council on Veterans, may act as an advisory body for purposes of this section.
(e)(1)The department shall report to the Senate and Assembly Committees on Veterans Affairs, on or before March 1, 2019, all of the outcome and related indicators developed by the department pursuant to subdivision (a). The report shall also include recommendations on ways to establish a system for monitoring those indicators on a continual basis, 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.
(2)The report required to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(3)The requirement for submitting a report under paragraph (1) is inoperative on March 1, 2023, pursuant to Section 10231.5 of the Government Code.
SEC. 3.Section 1095 of the Unemployment Insurance Code is amended to read:1095.The director shall permit the use of any information in his or her possession to the extent necessary for any of the following purposes and may require reimbursement for all direct costs incurred in providing any and all information specified in this section, except information specified in subdivisions (a) to (e), inclusive:
(a)To enable the director or his or her representative to carry out his or her responsibilities under this code.
(b)To properly present a claim for benefits.
(c)To acquaint a worker or his or her authorized agent with his or her existing or prospective right to benefits.
(d)To furnish an employer or his or her authorized agent with information to enable him or her to fully discharge his or her obligations or safeguard his or her rights under this division or Division 3 (commencing with Section 9000).
(e)To enable an employer to receive a reduction in contribution rate.
(f)To enable federal, state, or local governmental departments or agencies, subject to federal law, to verify or determine the eligibility or entitlement of an applicant for, or a recipient of, public social services provided pursuant to Division 9 (commencing with Section 10000) of the Welfare and Institutions Code, or Part A of Subchapter IV of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.), when the verification or determination is directly connected with, and limited to, the administration of public social services.
(g)To enable county administrators of general relief or assistance, or their representatives, to determine entitlement to locally provided general relief or assistance, when the determination is directly connected with, and limited to, the administration of general relief or assistance.
(h)To enable state or local governmental departments or agencies to seek criminal, civil, or administrative remedies in connection with the unlawful application for, or receipt of, relief provided under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or to enable the collection of expenditures for medical assistance services pursuant to Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code.
(i)To provide any law enforcement agency with the name, address, telephone number, birth date, social security number, physical description, and names and addresses of present and past employers, of any victim, suspect, missing person, potential witness, or person for whom a felony arrest warrant has been issued, when a request for this information is made by any investigator or peace officer as defined by Sections 830.1 and 830.2 of the Penal Code, or by any federal law enforcement officer to whom the Attorney General has delegated authority to enforce federal search warrants, as defined under Sections 60.2 and 60.3 of Title 28 of the Code of Federal Regulations, as amended, and when the requesting officer has been designated by the head of the law enforcement agency and requests this information in the course of and as a part of an investigation into the commission of a crime when there is a reasonable suspicion that the crime is a felony and that the information would lead to relevant evidence. The information provided pursuant to this subdivision shall be provided to the extent permitted by federal law and regulations, and to the extent the information is available and accessible within the constraints and configurations of existing department records. Any person who receives any information under this subdivision shall make a written report of the information to the law enforcement agency that employs him or her, for filing under the normal procedures of that agency.
(1)This subdivision shall not be construed to authorize the release to any law enforcement agency of a general list identifying individuals applying for or receiving benefits.
(2)The department shall maintain records pursuant to this subdivision only for periods required under regulations or statutes enacted for the administration of its programs.
(3)This subdivision shall not be construed as limiting the information provided to law enforcement agencies to that pertaining only to applicants for, or recipients of, benefits.
(4)The department shall notify all applicants for benefits that release of confidential information from their records will not be protected should there be a felony arrest warrant issued against the applicant or in the event of an investigation by a law enforcement agency into the commission of a felony.
(j)To provide public employee retirement systems in California with information relating to the earnings of any person who has applied for or is receiving a disability income, disability allowance, or disability retirement allowance, from a public employee retirement system. The earnings information shall be released only upon written request from the governing board specifying that the person has applied for or is receiving a disability allowance or disability retirement allowance from its retirement system. The request may be made by the chief executive officer of the system or by an employee of the system so authorized and identified by name and title by the chief executive officer in writing.
(k)To enable the Division of Labor Standards Enforcement in the Department of Industrial Relations to seek criminal, civil, or administrative remedies in connection with the failure to pay, or the unlawful payment of, wages pursuant to Chapter 1 (commencing with Section 200) of Part 1 of Division 2 of, and Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of, the Labor Code.
(l)To enable federal, state, or local governmental departments or agencies to administer child support enforcement programs under Part D of Title IV of the federal Social Security Act (42 U.S.C. Sec. 651 et seq.).
(m)To provide federal, state, or local governmental departments or agencies with wage and claim information in its possession that will assist those departments and agencies in the administration of the Victims of Crime Program or in the location of victims of crime who, by state mandate or court order, are entitled to restitution that has been or can be recovered.
(n)To provide federal, state, or local governmental departments or agencies with information concerning any individuals who are or have been:
(1)Directed by state mandate or court order to pay restitution, fines, penalties, assessments, or fees as a result of a violation of law.
(2)Delinquent or in default on guaranteed student loans or who owe repayment of funds received through other financial assistance programs administered by those agencies. The information released by the director for the purposes of this paragraph shall not include unemployment insurance benefit information.
(o)To provide an authorized governmental agency with any or all relevant information that relates to any specific workers compensation insurance fraud investigation. The information shall be provided to the extent permitted by federal law and regulations. For the purposes of this subdivision, authorized governmental agency means the district attorney of any county, the office of the Attorney General, the Contractors State License Board, the Department of Industrial Relations, and the Department of Insurance. An authorized governmental agency may disclose this information to the State Bar, Bar of California, the Medical Board of California, or any other licensing board or department whose licensee is the subject of a workers compensation insurance fraud investigation. This subdivision shall not prevent any authorized governmental agency from reporting to any board or department the suspected misconduct of any licensee of that body.
(p)To enable the Director of Consumer Affairs, or his or her representatives, to access unemployment insurance quarterly wage data on a case-by-case basis to verify information on school administrators, school staff, and students provided by those schools who are being investigated for possible violations of Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code.
(q)To provide employment tax information to the tax officials of Mexico, if a reciprocal agreement exists. For purposes of this subdivision, reciprocal agreement means a formal agreement to exchange information between national taxing officials of Mexico and taxing authorities of the State Board of Equalization, the Franchise Tax Board, and the Employment Development Department. Furthermore, the reciprocal agreement shall be limited to the exchange of information that is essential for tax administration purposes only. Taxing authorities of the State of California shall be granted tax information only on California residents. Taxing authorities of Mexico shall be granted tax information only on Mexican nationals.
(r)To enable city and county planning agencies to develop economic forecasts for planning purposes. The information shall be limited to businesses within the jurisdiction of the city or county whose planning agency is requesting the information, and shall not include information regarding individual employees.
(s)To provide the State Department of Developmental Services with wage and employer information that will assist in the collection of moneys owed by the recipient, parent, or any other legally liable individual for services and supports provided pursuant to Chapter 9 (commencing with Section 4775) of Division 4.5 of, and Chapter 2 (commencing with Section 7200) and Chapter 3 (commencing with Section 7500) of Division 7 of, the Welfare and Institutions Code.
(t)To provide the State Board of Equalization with employment tax information that will assist in the administration of tax programs. The information shall be limited to the exchange of employment tax information essential for tax administration purposes to the extent permitted by federal law and regulations.
(u)Nothing in this section shall be construed to authorize or permit the use of information obtained in the administration of this code by any a private collection agency.
(v)The disclosure of the name and address of an individual or business entity that was issued an assessment that included penalties under Section 1128 or 1128.1 shall not be in violation of Section 1094 if the assessment is final. The disclosure may also include any of the following:
(1)The total amount of the assessment.
(2)The amount of the penalty imposed under Section 1128 or 1128.1 that is included in the assessment.
(3)The facts that resulted in the charging of the penalty under Section 1128 or 1128.1.
(w)To enable the Contractors State License Board to verify the employment history of an individual applying for licensure pursuant to Section 7068 of the Business and Professions Code.
(x)To provide any a peace officer with the Division of Investigation in the Department of Consumer Affairs information pursuant to subdivision (i) when the requesting peace officer has been designated by the chief of the Division of Investigation and requests this information in the course of and as part of an investigation into the commission of a crime or other unlawful act when there is reasonable suspicion to believe that the crime or act may be connected to the information requested and would lead to relevant information regarding the crime or unlawful act.
(y)To enable the Labor Commissioner of the Division of Labor Standards Enforcement in the Department of Industrial Relations to identify, pursuant to Section 90.3 of the Labor Code, unlawfully uninsured employers. The information shall be provided to the extent permitted by federal law and regulations.
(z)To enable the Chancellor of the California Community Colleges, in accordance with the requirements of Section 84754.5 of the Education Code, to obtain quarterly wage data, commencing January 1, 1993, on students who have attended one or more community colleges, to assess the impact of education on the employment and earnings of students, to conduct the annual evaluation of district-level and individual college performance in achieving priority educational outcomes, and to submit the required reports to the Legislature and the Governor. The information shall be provided to the extent permitted by federal statutes and regulations.
(aa)To enable the Public Employees Retirement System to seek criminal, civil, or administrative remedies in connection with the unlawful application for, or receipt of, benefits provided under Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code.
(ab)To enable the State Department of Education, the University of California, the California State University, and the Chancellor of the California Community Colleges, pursuant to the requirements prescribed by the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), to obtain quarterly wage data, commencing July 1, 2010, on students who have attended their respective systems to assess the impact of education on the employment and earnings of those students, to conduct the annual analysis of district-level and individual district or postsecondary education system performance in achieving priority educational outcomes, and to submit the required reports to the Legislature and the Governor. The information shall be provided to the extent permitted by federal statutes and regulations.
(ac)To provide the Agricultural Labor Relations Board with employee, wage, and employer information, for use in the investigation or enforcement of the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code). The information shall be provided to the extent permitted by federal statutes and regulations.
(ad)(1)To enable the State Department of Health Care Services, the California Health Benefit Exchange, the Managed Risk Medical Insurance Board, and county departments and agencies to obtain information regarding employee wages, California employer names and account numbers, employer reports of wages and number of employees, and disability insurance and unemployment insurance claim information, for the purpose of:
(A)Verifying or determining the eligibility of an applicant for, or a recipient of, state health subsidy programs, limited to the Medi-Cal program, provided pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code, and the Access for Infants and Mothers Program, provided pursuant to Part 6.3 (commencing with Section 12695) of Division 2 of the Insurance Code, when the verification or determination is directly connected with, and limited to, the administration of the state health subsidy programs referenced in this subparagraph.
(B)Verifying or determining the eligibility of an applicant for, or a recipient of, federal subsidies offered through the California Health Benefit Exchange, provided pursuant to Title 22 (commencing with Section 100500) of the Government Code, including federal tax credits and cost-sharing assistance pursuant to the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), when the verification or determination is directly connected with, and limited to, the administration of the California Health Benefit Exchange.
(C)Verifying or determining the eligibility of employees and employers for health coverage through the Small Business Health Options Program, provided pursuant to Section 100502 of the Government Code, when the verification or determination is directly connected with, and limited to, the administration of the Small Business Health Options Program.
(2)The information provided under this subdivision shall be subject to the requirements of, and provided to the extent permitted by, federal law and regulations, including Part 603 of Title 20 of the Code of Federal Regulations.
(ae)To provide any peace officer with the Investigations Division of the Department of Motor Vehicles with information pursuant to subdivision (i), when the requesting peace officer has been designated by the Chief of the Investigations Division and requests this information in the course of, and as part of, an investigation into identity theft, counterfeiting, document fraud, or consumer fraud, and there is reasonable suspicion that the crime is a felony and that the information would lead to relevant evidence regarding the identity theft, counterfeiting, document fraud, or consumer fraud. The information provided pursuant to this subdivision shall be provided to the extent permitted by federal law and regulations, and to the extent the information is available and accessible within the constraints and configurations of existing department records. Any person who receives any information under this subdivision shall make a written report of the information to the Investigations Division of the Department of Motor Vehicles, for filing under the normal procedures of that division.
(af)Until January 1, 2020, to enable the Department of Finance to prepare and submit the report required by Section 13084 of the Government Code that identifies all employers in California that employ 100 or more employees who receive benefits from the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code). The information used for this purpose shall be limited to information obtained pursuant to Section 11026.5 of the Welfare and Institutions Code and from the administration of personal income tax wage withholding pursuant to Division 6 (commencing with Section 13000) and the disability insurance program and may be disclosed to the Department of Finance only for the purpose of preparing and submitting the report and only to the extent not prohibited by federal law.
(ag)To provide, to the extent permitted by federal law and regulations, the Student Aid Commission with wage information in order to verify the employment status of an individual applying for a Cal Grant C award pursuant to subdivision (c) of Section 69439 of the Education Code.
(ah)To enable the Department of Corrections and Rehabilitation to obtain quarterly wage data of former inmates who have been incarcerated within the prison system in order to assess the impact of rehabilitation services or the lack of these services on the employment and earnings of these former inmates. Quarterly data for a former inmates employment status and wage history shall be provided for a period of one year, three years, and five years following release. The data shall only be used for the purpose of tracking outcomes for former inmates in order to assess the effectiveness of rehabilitation strategies on the wages and employment histories of those formerly incarcerated. The information shall be provided to the department to the extent not prohibited by federal law.
(ai)To enable federal, state, or local government departments or agencies, or their contracted agencies, subject to federal law, including the confidentiality, disclosure, and other requirements set forth in Part 603 of Title 20 of the Code of Federal Regulations, to evaluate, research, or forecast the effectiveness of public social services programs administered pursuant to Division 9 (commencing with Section 10000) of the Welfare and Institutions Code, or Part A of Subchapter IV of Chapter 7 of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.), when the evaluation, research, or forecast is directly connected with, and limited to, the administration of the public social services programs.
(aj)To enable the California Workforce Development Board, the Chancellor of the California Community Colleges, the Superintendent of Public Instruction, the Department of Rehabilitation, the State Department of Social Services, the Bureau for Private Postsecondary Education, the Department of Industrial Relations, the Division of Apprenticeship Standards, and the Employment Training Panel to access any relevant quarterly wage data necessary for the evaluation and reporting of their respective program performance outcomes as required and permitted by various state and federal laws pertaining to performance measurement and program evaluation under the federal Workforce Innovation and Opportunity Act (Public Law 113-128); the workforce performance metrics dashboard pursuant to paragraph (1) of subdivision (i) of Section 14013; the Adult Education Block Grant Program consortia performance metrics pursuant to Section 84920 of the Education Code; the economic and workforce development program performance measures pursuant to Section 88650 of the Education Code; and the California Community Colleges Economic and Workforce Development Program performance measures established in Part 52.5 (commencing with Section 88600) of Division 7 of Title 3 of the Education Code.
(ak)To enable the Department of Veterans Affairs to receive quarterly wage data pursuant to the requirements of Section 714 of the Military and Veterans Code. The information shall be provided to the extent permitted by federal law.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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Date
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Status
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|---|---|
| Sep 1, 2017 | In committee: Held under submission. |
| Aug 21, 2017 | In committee: Referred to APPR. suspense file. |
| Jul 13, 2017 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jul 5, 2017 | In committee: Hearing postponed by committee. |
| Jun 28, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 27). Re-referred to Com. on APPR. |
| Jun 8, 2017 | Referred to Com. on V.A. |
| May 30, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 30, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1838.) |
| May 26, 2017 | From committee: Do pass. (Ayes 17. Noes 0.) (May 26). |
| May 3, 2017 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 5, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 4). Re-referred to Com. on APPR. |
| Mar 13, 2017 | Referred to Com. on V.A. |
| Feb 19, 2017 | From printer. May be heard in committee March 21. |
| Feb 17, 2017 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Aug 21, 2017 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
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| Jun 27, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Veterans Affairs |
Passed |
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| May 30, 2017 | AB 1275 IRWIN Assembly Third Reading | Assembly Floor |
Passed |
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| May 26, 2017 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
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| Apr 4, 2017 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Veterans Affairs |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| Little Hoover Commission | ** Support | Jun 23, 2017 |
| National Association of Social Workers California Chapter | * Support | Apr 4, 2017 |
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
AB 1275 (Irwin) - Department of Veterans Affairs: monitoring outcomes for veterans: Director of Employment Development: disclosure of information
Version: February 17, 2017 | Policy Vote: V.A. 7 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: August 21, 2017 | Consultant: Debra Cooper |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 1275 would require the California Department of Veterans Affairs (CalVet) to develop outcome and related indicators for veterans to help assess the status of veterans and veteran services in order to improve services.
Fiscal Impact:
- Ongoing significant costs to CalVet (GF), likely in the hundreds of thousands of dollars, to gather data for analysis. This includes additional staff to gather and analyze the data, which may involve coordinating with other state departments. Additionally, a new database may need to be created to store all of the additional data that is necessary to be collected.
- One-time significant costs to CalVet to analyze data that has been gathered and to prepare and submit a report to the Legislature by March 1, 2019. (GF)
- Ongoing costs to CalVet approximately in the low thousands of dollars per year to reimburse the Employment Development Department (EDD) for costs associated with the disclosure of wage information. This includes a contracting fee of $500 per year and a fee for producing the wage data that is based off a rate structure that is dependent on the volume of requests. (GF)
- Potentially significant cost pressure to CalVet to implement any recommendations on ways to establish a system for monitoring the outcome and related indicators. (GF)
Background:
In January 2017, the Legislative Analyst’s Office released a report on veterans services in California that identified severe gaps in mental health care coverage, high unemployment, and high homelessness rates among veterans. The report also noted a severe lack of information available regarding data on veterans’ needs. Additionally, a 2017 report from the Little Hoover Commission directly called for “an assessment to consider the needs of California’s overall veteran population.”
Among CalVet’s goals is to ensure veterans and their families get the benefits and services that they have earned as a result of their military service. CalVet also formally advises and collaborates with other state and local agencies in the delivery and assessment of veterans services. For instance, DGS consults with the Disabled Veterans business Enterprise (DVBE) Advocate, appointed by CalVet, in administering the DVBE program. Additionally, CalVet collaborates with the Department of Housing and Community Development and the California Housing Finance Agency in designing, developing, and administering the Veterans Housing and Homelessness Prevention Program.
In August 2011, Governor Brown issued an Executive Order which created the California Interagency Council on Veterans. The Council was established to identify and prioritize the needs of California’s veterans and to coordinate the activities at all levels of government in addressing those needs.
Proposed Law:
This bill would:
- Require CalVet to develop outcome and related indicators for veterans for the purpose of assessing the status of veterans in California, for monitoring the quality of programs intended to serve those veterans, and to guide decision-making on how to improve those services;
- Specify that the indicators include, but are not limited to, employment, compensation, education, involvement in the criminal justice and child welfare systems, and suicide incidence;
- Authorize CalVet to receive any necessary data to develop outcome and related indicators so long as access to the data is not restricted by any state or federal law;
- Authorize CalVet to prescribe a manner in which to ensure the confidentiality of the information;
- Authorize CalVet to establish one or more advisory bodies, including the existing California Interagency Council on Veterans, to guide and inform the selection of outcome and related indicators and the strategy for developing and reporting those indicators;
- Require CalVet to report to the Legislature by March 1, 2019, on all of the outcome and related indicators developed and recommendations on ways to establish a system for monitoring those indicators on a continual basis;
- Require the Director of EDD to release quarterly wage data to CalVet;
- Provide that no reimbursement is required by this act for a specified reason.
Related Legislation:
SB 1258 (Wolk, 2012), similar to this bill, would have directed CalVet to report outcomes for veterans. This bill was vetoed by Governor Brown.
AB 557 (J. Perez, 2011) would have created the California Interagency Council on Veteran Services and Programs. This bill was held in the Senate Appropriations Committee.
AB 716 (Huber, 2009) would have allowed CalVet to enter into MOUs with state agencies to collect veterans data. This bill was vetoed by Governor Schwarzenegger.
Staff Comments:
CalVet currently does not collect the outcome and related indicators information required in this bill. Though the bill does not call for the creation of a new database to store the information, CalVet would either need to create a new database or create a system to expand on the existing databases that just stores general demographic information. Either solution would require additional costs to develop a confidential mechanism to collect and store the necessary information for analysis and monitoring.
-- END --
SENATE COMMITTEE ON
Senator Josh Newman, Chair
2017 - 2018 Regular
Bill No: Hearing Date: 6/27/17
Author: | Irwin | ||
Version: | Introduced | ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject:
DESCRIPTION
Summary:
This bill requires the California Department of Veterans Affairs (CalVet) to establish a system to monitor veterans’ outcomes.
Existing law:
- Establishes CalVet, which is responsible for administering various programs and services for the benefit of veterans.
- Requires the Director of the Employment Development Department (EDD) to permit the use of specified information for specified purposes, and allows the director to require reimbursement for direct costs incurred.
- Provides that a person who knowingly accesses, uses, or discloses this confidential information without authorization is guilty of a misdemeanor.
- Requires the state to reimburse local agencies and school districts for certain costs mandated by the state and statutory provisions establish procedures for making that reimbursement.
This bill:
- Requires CalVet to develop outcome and related indicators for veterans, for the purpose of assessing the status of veterans in California, for monitoring the quality of programs intended to serve those veterans, and to guide decision making on how to improve those services.
- Requires the department to report to the Senate and Assembly Committees on Veterans Affairs all of the outcome and related indicators developed by the department, recommendations on ways to establish a system for monitoring those indicators on a continual basis, and any regulatory or fiscal barriers that may hinder future progress on the development of a monitoring system, as provided.
- Requires the EDD Director to permit the receipt of specified information to enable CalVet to develop outcome and related indicators for veterans.
- Expands the crime related to the unauthorized disclosure of this information, and imposes a state-mandated local program.
- Provides that no reimbursement is required by this act for a specified reason.
BACKGROUND
In addition to directly managing its own programs for the benefit of veterans, CalVet formally advises and collaborates with other state and local agencies in the delivery and assessment of veterans services.
Two examples of statutory collaboration where outcomes are monitored:
- Existing law designates the Department of General Services (DGS) as central administering agency for the Disabled Veterans Business Enterprise (DVBE) Program, but requires DGS to consult with the California DVBE Advocate, who is appointed by the CalVet Secretary. Additionally, CalVet’s Veterans Service Division is home to the DVBE Advisory Council, which is co-chaired by a senior CalVet representative and a DVBE business operator, and upon which the Chief of DGS’ Office of Small Business/DVBE Services serves as a non-voting, ex-officio member
- The Veterans Housing and Homelessness Prevention Program (Proposition 41, 2014), which funds the acquisition, construction, rehabilitation, and preservation of affordable multifamily supportive housing, affordable transitional housing, affordable rental housing, or related facilities for veterans and their families to allow veterans to access and maintain housing stability. State law requires the Department of Housing and Community Development to collaborate with CalVet and the California Housing Finance Agency in designing, developing, and administering the program.
Need for monitoring/collaboration:
Through its Workforce Services Branch, EDD assists Californians, including veterans, with finding employment. Funding for this work comes from the U.S. Department of Labor (DOL) via the Workforce Investment Act of 1998 (WIA) and the Wagner-Peyser Act of 1933 (Wagner-Peyser). All veterans receive priority for workforce services offered through the WIA and Wagner-Peyser.
An additional grant—the Jobs for Veterans State Grant (veterans grant)—provides funding for specialized staff to assist veterans in finding work and to conduct outreach to employers on behalf of veterans. The veterans grant focuses on providing services to disabled and economically disadvantaged veterans.
According to CalVet, between 35,000 and 40,000 veterans may return to the State each year over the next few years, and it is too soon to tell if current state planning will address these veterans’ employment needs. State Audit Report 2013-102 found that “EDD does not centrally monitor its progress in implementing the State’s five‑year plan for the veterans grant. In addition, the State’s strategic workforce development plan (state workforce development plan) for fiscal years 2013–14 through 2016–17 does not include performance measures beyond those” required by DOL.
COMMENT
Committee Comments:
The main purpose of this bill is to help the state adjust veteran-support programs so they effectively meet needs. Currently, CalVet is rolling out a newly modified version of its California Transition Assistance Program (Cal-TAP). Cal-TAP is designed to educate veterans and their families about available benefits. The main mission of Cal-TAP is outreach to and education of veterans not yet seeking or aware of benefits. Outreach via Cal-TAP will focus on younger veterans as they leave active service, but also will be directed toward veterans in all life stages. Ongoing assessment of program outcomes likely would help CalVet tailor Cal-Tap in real-time to meet the evolving needs of California’s diverse veteran population as state and local program work to meet those needs.
Prior/Related Legislation
SB 354 (Roth & Correa, 2014) requires CalVet to develop outcome and related indicators for veterans, for the purpose of assessing the status of veterans in California, for monitoring the quality of programs intended to serve those veterans, and to guide decision making on how to improve those services. (Held Assembly Veterans Affairs Committee)
SB 1258 (Wolk & Correa, vetoed, 2012)
Requires CalVet to develop outcome and related indicators to assess the status of California veterans, monitor the quality of services provided to veterans, and guide decision-making on improving those services. Governor’s veto message: “Executive Order B-13-11 was issued to address budgeting issues like the ones the author identifies in the bill. My administration began a new process for collaborating with the Legislature this year, particularly in establishing program goals and measuring program outcomes. We should give this new process time to work.”
POSITIONS
Sponsor: Author.
Support: Little Hoover Commission
Oppose: None received.
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ASSEMBLY THIRD READING
ATR Bill Id:AB 1275
Author:(Irwin)
As Introduced Ver:February 17, 2017
Majority vote
Committee | Votes | Ayes | Noes |
Veterans Affairs | 10-0 | Irwin, Chávez, Daly, Frazier, Gloria, Mathis, Muratsuchi, Quirk-Silva, Salas, Voepel | |
Appropriations | 17-0 | Gonzalez Fletcher, Bigelow, Bloom, Bocanegra, Bonta, Brough, Calderon, McCarty, Quirk, Fong, Friedman, Gallagher, Eduardo Garcia, Gray, Muratsuchi, Obernolte, Reyes |
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SUMMARY: Requires the California Department of Veterans Affairs (CalVet) to establish a system to monitor veterans' outcomes. Specifically, this bill:
- Requires CalVet to develop outcome and related indicators for veterans, for the purpose of assessing the status of veterans in California, for monitoring the quality of programs intended to serve those veterans, and to guide decision making on how to improve those services.
- Requires the department to report to the Senate and Assembly Committees on Veterans Affairs all of the outcome and related indicators developed by the department, recommendations on ways to establish a system for monitoring those indicators on a continual basis, and any regulatory or fiscal barriers that may hinder future progress on the development of a monitoring system, as provided.
- Requires the Director of Employment Development to permit the receipt of specified information to enable CalVet to develop outcome and related indicators for veterans.
- Expands the crime related to the unauthorized disclosure of this information, and imposes a state-mandated local program.
- Provides that no reimbursement is required by this act for a specified reason.
FISCAL EFFECT:
- Onetime costs to CalVet of approximately $250,000 (GF) for a full time position to build a data base system to collect the identified information from other departments and complete the required analysis.
- Minor costs to CalVet, likely around $50,000 (GF), to identify, develop, and report on outcome and related veteran status indicators by March 1, 2019. This assumes the equivalent of one-half of a mid-range personnel-year for two years.
- Minor costs to the Employment Development Department to respond to data requests from CalVet. These costs are estimated to be $10,000 (GF) annually and would be based on the actual number of requests. Federal law prohibits Unemployment Insurance (UI) grant funds from being used to pay any of the costs of making a disclosure of UI information. Therefore, EDD will need reimbursement from CalVet for all costs associated with the disclosure of wage information.
- Subsequent to the actual requirements of this bill, the development of an ongoing system to monitor developed indicators would likely be in the hundreds of thousands of dollars (GF).
COMMENTS: According to the Author:
There are unique challenges that face veterans, including significantly higher rates of homelessness and suicide than in the civilian population. Though these challenges, to some extent, have been documented, there are still significant limitations in our understanding of the projected needs of veterans and the magnitude of the gaps in supportive services for veterans.
In August 2011, Governor Brown issued Executive Order B-9-11 which created the California Interagency Council on Veterans. On paper, the Council aims to identify and prioritize the needs of California's veterans, and to coordinate the activities at all levels of government in addressing those needs. However, despite its creation six years ago, little progress has been made in terms of understanding the current status of California's veteran population and how the needs of that population may be evolving in the years to come.
This information gap was made ever more obvious with the publication of two recent reports on the status of veterans in California. In January, 2017, the Legislative Analyst's Office issued a report on veterans services in California that noted severe gaps in mental health care coverage and pervasive high unemployment and homelessness rates among California's veterans. The LAO report not only highlighted critical gaps in services, but it also prefaced itself by repeatedly noting that there was a severe lack of information available regarding data on veterans’ needs. Similarly, the Little Hoover Commission’s 2017 report on veterans homes directly called for "an assessment to consider the needs of California’s overall veteran population."
This bill will ensure that California best serves its veterans by instructing CalVet to track the outcomes of veterans and anticipate the future needs of veterans, while identifying gaps in services and improving online outreach to connect disabled veterans with services.
The ultimate goal of this bill is to create a system to assess California veterans' status, what happens to them, and what benefits they obtain so that an accurate picture of how well their needs are being met can be compiled, thereby driving future decision making with regard to veterans. However, what the bill requires is an interim step, a report on which "outcome indicators" are important, how to establish a system to track those outcome indicators, and what the barriers might be to establishing such a system. Assessing the status of veterans, tracking the success of programs for veterans, and measuring the extent to which veterans' needs are being met seems aligned with existing public policy.
Analysis Prepared by: John Spangler / V.A. / (916) 319-3550 FN: 0000805
Date of Hearing: May 3, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 1275
Author:(Irwin) – As Introduced Ver:February 17, 2017
Policy Committee: | Veterans Affairs | Vote: | 10 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY: This bill requires the California Department of Veterans Affairs (CalVet) to develop outcome and related indicators for veterans to help assess the status of veterans and veteran services and to improve services. Specifically, this bill:
- Specifies that indicators include such factors as employment, compensation, education, involvement in the criminal justice system and the child welfare system, and suicide incidence.
- Authorizes CalVet to receive any necessary data, including quarterly wage data, from other entities, as long as such data is not restricted by state or federal law.
- Authorizes CalVet to establish advisory bodies in developing and reporting on indicators, and states the existing California Interagency Council on Veterans may serve as an advisory body for the purposes of this section.
- Requires CalVet to report to the Legislature by March 1, 2019 on indicators developed, as well as on recommendations to establish a system for monitoring those indicators on an ongoing basis, including the need for additional staff and technological enhancements.
- Requires the Director of the Employment Development Department (EDD) to release quarterly wage data to CalVet.
FISCAL EFFECT:
- Onetime costs to CalVet of approximately $250,000 (GF) for a full time position to build a data base system to collect the identified information from other departments and complete the required analysis.
- Minor costs to CalVet, likely around $50,000 (GF), to identify, develop, and report on outcome and related veteran status indicators by March 1, 2019. This assumes the equivalent of one-half of a mid-range personnel-year for two years.
- Minor costs to the Employment Development Department to respond to data requests from CalVet. These costs are estimated to be $10,000 (GF) annually and would be based on the actual number of requests. Federal law prohibits Unemployment Insurance (UI) grant funds from being used to pay any of the costs of making a disclosure of UI information. Therefore, EDD will need reimbursement from CalVet for all costs associated with the disclosure of wage information.
- Subsequent to the actual requirements of this bill, the development of an ongoing system to monitor developed indicators would likely be in the hundreds of thousands of dollars (GF).
COMMENTS:
- Purpose. 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.
According to the author, "In August 2011, Governor Brown issued Executive Order B-9-11 which created the California Interagency Council on Veterans. The Council was directed to identify and prioritize the needs of California’s veterans, and to coordinate the activities at all levels of government in addressing those needs. However, despite its creation six years ago, little progress has been made in terms of understanding the current status of California’s veteran population and how the needs of that population may be evolving in the years to come. This bill will ensure that California best serves its veterans by instructing CalVet to track the outcomes of veterans and anticipate the future needs of veterans, while identifying gaps in services and improving online outreach to connect disabled veterans with services."
- Background. The California Interagency Council on Veterans was created in August 2011 by an executive order from Gov. Brown. The executive order was based on AB 557 by then-Speaker John Perez (which was held on the Senate Appropriations Committee's Suspense File), and directed CalVet to establish the Council to identify and prioritize the needs of California's veterans.
In January of 2017, the Legislative Analyst’s Office issued a report on veterans services in California that noted severe gaps in mental health care coverage and pervasive high unemployment and homelessness rates among California’s veterans. The LAO report not only highlighted critical gaps in services, but also repeatedly noted a severe lack of information available regarding data on veterans’ needs. Similarly, the Little Hoover Commission’s 2017 report on veterans homes directly called for “an assessment to consider the needs of California’s overall veteran population.”
- Prior Legislation.
SB 1258 (Wolk), of the 2011-12 Legislative Session, was nearly identical to this bill and directed CalVet to report outcomes for veterans. That bill was vetoed by Governor Brown. The veto message stated, in part, "My administration began a new process for collaborating with the Legislature this year, particularly in establishing program goals and measuring program outcomes. We should give this new process time to work."
AB 716 (Huber), of the 2009-10 Legislative Session, would have allowed CalVet to enter into MOUs with state agencies to collect veterans data. Governor Schwarenegger vetoed the bill as unnecessary.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: April 4, 2017
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Jacqui Irwin, Chair
ABPCA Bill Id:AB 1275 (
Author:Irwin) – As Introduced Ver:February 17, 2017
SUBJECT: Department of Veterans Affairs: monitoring outcomes for veterans: Director of Employment Development: disclosure of information
SUMMARY: Requires the California Department of Veterans Affairs (CalVet) to establish a system to monitor veterans’ outcomes. Specifically, this bill:
- Requires CalVet to develop outcome and related indicators for veterans, for the purpose of assessing the status of veterans in California, for monitoring the quality of programs intended to serve those veterans, and to guide decision making on how to improve those services.
- Requires the department to report to the Senate and Assembly Committees on Veterans Affairs all of the outcome and related indicators developed by the department, recommendations on ways to establish a system for monitoring those indicators on a continual basis, and any regulatory or fiscal barriers that may hinder future progress on the development of a monitoring system, as provided.
- Requires the Director of Employment Development to permit the receipt of specified information to enable CalVet to develop outcome and related indicators for veterans.
- Expands the crime related to the unauthorized disclosure of this information, and imposes a state-mandated local program.
- Provides that no reimbursement is required by this act for a specified reason.
EXISTING LAW:
- Establishes the Department of Veterans Affairs, which is responsible for administering various programs and services for the benefit of veterans.
- Requires the Director of Employment Development to permit the use of specified information for specified purposes, and allows the director to require reimbursement for direct costs incurred.
- Provides that a person who knowingly accesses, uses, or discloses this confidential information without authorization is guilty of a misdemeanor.
- Requires the state to reimburse local agencies and school districts for certain costs mandated by the state and statutory provisions establish procedures for making that reimbursement.
FISCAL EFFECT: Unknown at this time. However, in 2012, a substantially similar bill, SB 1258, was evaluated as follows by the Assembly Appropriations Committee:
Minor GF costs to CDVA to identify, develop, and report on outcome and related veteran status and outcome indicators over the next two years. Assuming the equivalent of one-half of a mid-range personnel-year for two years, the annual cost would likely be in the range of $45,000.
Subsequent to the actual requirements of this bill, the development of an ongoing system to monitor developed indicators would likely be significant, in the hundreds of thousands of dollars.
COMMENTS: According to the Author:
There are unique challenges that face veterans, including significantly higher rates of homelessness and suicide than in the civilian population. Though these challenges, to some extent, have been documented, there are still significant limitations in our understanding of the projected needs of veterans and the magnitude of the gaps in supportive services for veterans.
In August 2011, Governor Brown issued Executive Order B-9-11 which created the California Interagency Council on Veterans. On paper, the Council aims to identify and prioritize the needs of California’s veterans, and to coordinate the activities at all levels of government in addressing those needs. However, despite its creation six years ago, little progress has been made in terms of understanding the current status of California’s veteran population and how the needs of that population may be evolving in the years to come.
This information gap was made ever more obvious with the publication of two recent reports on the status of veterans in California. In January, 2017, the Legislative Analyst’s Office issued a report on veterans services in California that noted severe gaps in mental health care coverage and pervasive high unemployment and homelessness rates among California’s veterans. The LAO report not only highlighted critical gaps in services, but it also prefaced itself by repeatedly noting that there was a severe lack of information available regarding data on veterans’ needs.[1] Similarly, the Little Hoover Commission’s 2017 report on veterans homes directly called for “an assessment to consider the needs of California’s overall veteran population.”[2]
This bill will ensure that California best serves its veterans by instructing CalVet to track the outcomes of veterans and anticipate the future needs of veterans, while identifying gaps in services and improving online outreach to connect disabled veterans with services.
The ultimate goal of this bill is to create a system to assess California veterans' status, what happens to them, and what benefits they obtain so that an accurate picture of how well their needs are being met can be compiled, thereby driving future decision making with regard to veterans. However, what the bill requires is an interim step, a report on which "outcome indicators" are important, how to establish a system to track those outcome indicators, and what the barriers might be to establishing such a system. Assessing the status of veterans, tracking the success of programs for veterans, and measuring the extent to which veterans' needs are being met seems aligned with existing public policy.
REGISTERED SUPPORT / OPPOSITION:
Support
None on File.
Opposition
None on File.
Analysis Prepared by: John Spangler / V.A. / (916) 319-3550
Discussed in Hearing
1MIN
Assembly Floor
1H
Assembly Standing Committee on Appropriations
4MIN
Assembly Standing Committee on Veterans Affairs
Bill Author
Bill Co-Author(s):