BILL NUMBER: SB 1028 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 26, 2014
AMENDED IN SENATE MAY 27, 2014
AMENDED IN SENATE MAY 6, 2014
AMENDED IN SENATE APRIL 21, 2014
AMENDED IN SENATE MARCH 25, 2014
INTRODUCED BY Senator Jackson
(Coauthor: Assembly Member Williams)
FEBRUARY 14, 2014
An act to amend Section 69439 of the Education Code, and to
amend Section 1095 of the Unemployment Insurance Code,
relating to student financial aid.
LEGISLATIVE COUNSEL'S DIGEST
SB 1028, as amended, Jackson. Student financial aid: Cal Grant C
awards.
Existing law, the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant
Act, establishes the Cal Grant C program under the administration of
the Student Aid Commission and establishes eligibility requirements
for awards under this program. The act requires that a Cal Grant C
award be used only for occupational or technical training, as
defined, in a course of not less than 4 months. The act requires the
commission, after consultation with state and federal agencies, to
determine the areas of occupational or technical training for which
Cal Grant C awards shall be awarded. Existing law also requires the
Student Aid Commission to develop, and regularly review and update at
least every 5 years, the areas of occupational or technical training
for which students may utilize Cal Grant C awards and to give
priority in granting the awards to students pursuing occupational or
technical training in areas that meet specified criteria. The act
requires the commission to give priority in granting the awards to
students pursuing occupational or technical training in areas that
meet specified criteria.
This bill would revise and recast the act in regard to Cal Grant C
awards to, among other things, require the commission to give
special consideration to the social and economic situations of the
students applying for the grants, giving additional weight to
applicants facing specified challenges. In determining the individual
award amounts, the bill would additionally require the commission to
take into account the financial means available to the student to
fund his or her course of study and costs of attendance. The bill
would revise the criteria that areas of occupational or technical
training are required to meet to be given priority for awards, as
specified. The bill would require the commission, in consultation
with specified entities, for purposes of the Cal Grant C program, to
prioritize occupational training programs and industry clusters. The
bill would require the commission to consult with specified public
entities to develop a plan to publicize the grant award program to
California's long-term unemployed to be used by those specified
public entities when they come into contact with members of the
population who are likely to be experiencing long-term unemployment
and would require the commission to develop a plan to make students
receiving awards aware of job search and placement services available
through specified public entities. The bill would specify that the
local workforce investment boards are required to participate in the
outreach efforts only to the extent that the those efforts are a part
of their existing responsibilities under federal law.
Existing law authorizes the Director of Employment Development to
use information in his or her possession to the extent necessary to
achieve specified purposes.
This bill would authorize the director, to the extent permitted by
federal law and regulations, to provide the commission with wage
information to verify the employment status of an individual applying
for a Cal Grant C award.
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. Section 69439 of the Education Code is amended to read:
69439. (a) For the purposes of this section, the following terms
have the following meanings:
(1) "Career pathway" has the same meaning as set forth in Section
88620.
(2) "Economic security" has the same meaning as set forth in
Section 14005 of the Unemployment Insurance Code.
(3) "Industry cluster" has the same meaning as set forth in
Section 88620.
(4) "Long-term unemployed" means, with respect to an award
applicant, a person who has been unemployed for more than 26 weeks at
the time of submission to the commission of his or her application.
(5) "Occupational or technical training" means that phase of
education coming after the completion of a secondary school program
and leading toward recognized occupational goals approved by the
commission.
(b) A Cal Grant C award shall be utilized only for occupational or
technical training in a course of not less than four months. There
shall be the same number of Cal Grant C awards each year as were made
in the 2000-01 fiscal year. The maximum award amount and the total
amount of funding shall be determined each year in the annual Budget
Act.
(c) The commission may use criteria it deems appropriate in
selecting students to receive grants for occupational or technical
training and shall give special consideration to the social and
economic situations of the students applying for these grants, giving
additional weight to disadvantaged applicants, applicants who face
economic hardship, and applicants who face particular barriers to
employment. Criteria to be considered for these purposes shall
include, but are not limited to, all of the following:
(1) Family income and household size.
(2) Student's or the students' parent's household status,
including whether the student is a single parent or child of a single
parent.
(3) The employment status of the applicant and whether the
applicant is unemployed, giving greater weight to the long-term
unemployed.
(d) The Cal Grant C award recipients shall be eligible for renewal
of their grants until they have completed their occupational or
technical training in conformance with terms prescribed by the
commission. A determination by the commission for a subsequent award
year that the program under which a Cal Grant C award was initially
awarded is no longer deemed to receive priority shall not affect an
award recipient's renewal. In no case shall the grants exceed two
calendar years.
(e) Cal Grant C awards may be used for institutional fees,
charges, and other costs, including tuition, plus training-related
costs, such as special clothing, local transportation, required
tools, equipment, supplies, books, and living expenses. In
determining the individual award amounts, the commission shall take
into account the financial means available to the student to fund his
or her course of study and costs of attendance as well as other
state and federal programs available to the applicant.
(f) (1) To ensure alignment with the state's dynamic economic
needs, the commission, in consultation with appropriate state and
federal agencies, including the Economic and Workforce Development
Division of the Office of the Chancellor of the California Community
Colleges and the California Workforce Investment Board, shall
identify areas of occupational and technical training for which
students may utilize Cal Grant C awards. The commission, to the
extent feasible, shall also consult with representatives of the state'
s leading competitive and emerging industry clusters, workforce
professionals, and career technical educators, to determine which
occupational training programs and industry clusters should be
prioritized.
(2) (A) Except as provided in subparagraph (B), the areas of
occupational and technical training developed pursuant to paragraph
(1) shall be regularly reviewed and updated at least every five
years, beginning in 2012.
(B) By January 1, 2016, the commission shall update the priority
areas of occupational and technical training.
(3) (A) The commission shall give priority in granting Cal Grant C
awards to students pursuing occupational or technical training in
areas that meet two of the following criteria pertaining to job
quality:
(i) High employer need or demand for the specific skills offered
in the program.
(ii) High employment growth in the occupational field or industry
cluster for which the student is being trained.
(iii) High employment salary and wage projections for workers
employed in the occupations for which they are being trained.
(iv) The occupation or training program is part of a
well-articulated career pathway to a job providing economic security.
(B) To receive priority pursuant to subparagraph (A), at least one
of the criteria met shall be specified in clause (iii) or (iv) of
that subparagraph.
(g) The commission shall determine areas of occupational or
technical training that meet the criteria described in paragraph (3)
of subdivision (f) in consultation with the Employment Development
Department, the Economic and Workforce Development Division of the
Office of the Chancellor of the California Community Colleges, and
the California Workforce Investment Board using projections available
through the Labor Market Information Data Library. The commission
may supplement the analyses of the Employment Development Department'
s Labor Market Information Data Library with the labor market
analyses developed by the Economic and Workforce Development Division
of the Office of the Chancellor of the California Community Colleges
and the California Workforce Investment Board, as well as the
projections of occupational shortages and skills gap developed by
industry leaders. The commission shall publish, and retain, on its
Internet Web site a current list of the areas of occupational or
technical training that meet the criteria described in paragraph (3)
of subdivision (f), and update this list as necessary.
(h) The Using the best
available data, the commission shall examine the graduation
rates and job placement data data, or salary
data, of eligible programs. Commencing with the 2014-15
academic year, the commission shall give priority to Cal Grant C
award applicants seeking to enroll in programs that rate high in
graduation rates and job placement data, or salary data.
(i) (1) The commission shall consult with the Employment
Development Department, the Office of the Chancellor of the
California Community Colleges, the California Workforce Investment
Board, and the local workforce investment boards to develop a plan to
publicize the existence of the grant award program to California's
long-term unemployed to be used by those consulting agencies when
they come in contact with members of the population who are likely to
be experiencing long-term unemployment. The outreach plan shall use
existing administrative and service delivery processes making use of
existing points of contact with the long-term unemployed. The local
workforce investment boards are required to participate only to the
extent that the outreach efforts are a part of their existing
responsibilities under the federal Workforce Investment Act of 1998
(Public Law 105-220).
(2) The commission shall consult with the Workforce Services
Branch of the Employment Development Department, the Office of the
Chancellor of the California Community Colleges, the California
Workforce Investment Board, and the local workforce investment boards
to develop a plan to make students receiving awards aware of job
search and placement services available through the Employment
Development Department and the local workforce investment boards.
Outreach shall use existing administrative and service delivery
processes making use of existing points of contact with the students.
The local workforce investment boards are required to participate
only to the extent that the outreach efforts are a part of their
existing responsibilities under the federal Workforce Investment Act
of 1998 (Public Law 105-220).
(j) (1) Notwithstanding Section 10231.5 of the Government Code,
the Legislative Analyst's Office shall submit a report to the
Legislature on the outcomes of the Cal Grant C program on or before
April 1, 2015, and on or before April 1 of each odd-numbered year
thereafter. This report shall include, but not necessarily be limited
to, information on all of the following:
(A) The age, gender, and segment of attendance for recipients in
two prior award years.
(B) The occupational and technical training program categories
prioritized.
(C) The number and percentage of students who received selection
priority as defined in paragraph (3) of subdivision (f).
(D) The extent to which recipients in these award years were
successfully placed in jobs that meet local, regional, or state
workforce needs.
(2) For the report due on or before April 1, 2015, the Legislative
Analyst's Office shall include data for two additional prior award
years and shall compare the mix of occupational and technical
training programs and institutions in which Cal Grant C award
recipients enrolled before and after implementation of subdivision
(f).
(3) A report to be submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.
SEC. 2. 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 government 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 Title IV of the Social Security Act, where 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, where 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
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,
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 the Bureau for Private Postsecondary
Education, 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 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 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; the Healthy Families Program, provided pursuant to
Part 6.2 (commencing with Section 12693) of Division 2 of the
Insurance 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; where 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), where 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, where 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) 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.