BILL NUMBER: SB 66 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 2, 2016
AMENDED IN ASSEMBLY JUNE 23, 2016
AMENDED IN SENATE JANUARY 14, 2016
AMENDED IN SENATE JANUARY 4, 2016
INTRODUCED BY Senators Leyva and McGuire
JANUARY 7, 2015
An act to add amend Section
463 to 30 of the Business and Professions Code,
and to amend Section 88650 of the Education Code, relating to career
technical education.
LEGISLATIVE COUNSEL'S DIGEST
SB 66, as amended, Leyva. Career technical education.
(1) Existing law establishes various career technical education
programs, including regional occupational centers and programs,
specialized secondary programs, partnership academies, and
agricultural career technical education programs. Existing law
provides for numerous boards, bureaus, commissions, or programs
within the Department of Consumer Affairs that administer the
licensing and regulation of various businesses and professions.
This bill would require the department to make available,
upon request by the Office of the Chancellor of the California
Community Colleges, and only to the extent specified, to the
Office of the Chancellor of the California Community
Colleges, any licensure Chancellor's office specified
information that the department has in electronic
format for its boards, bureaus, commissions, or programs
with respect to every licensee for the sole purpose of
enabling the office of the chancellor to measure employment outcomes
of students who participate in career technical education programs
offered by the California Community Colleges and recommend how these
programs may be improved.
(2) Existing law requires the Chancellor of the California
Community Colleges to implement performance accountability outcome
measures for the California Community Colleges Economic and Workforce
Development Program.
This bill would urge the chancellor to align these measures with
the performance accountability measures of the federal Workforce
Innovation and Opportunity Act.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The economic competitiveness of California is fueled by the
strength of regional economies and their skilled workers. Upward
social and economic mobility and increased opportunities keep the
state's economy diversified and vibrant.
(b) The pathway out of poverty for millions of California
residents is the attainment of industry-valued "middle skill
credentials," which is defined as a job requiring a certificate,
associate's degree, or third-party credential that is less advanced
than a bachelor's degree, but more advanced than a high school
diploma.
(c) Middle skill credentials serve as the gateway for a large
number of careers in the state's prioritized and emergent industry
sectors.
(d) The California Community Colleges Board of Governor's Task
Force on Workforce, Job Creation, and a Strong Economy, also referred
to as the Strong Workforce Task Force, identified 25 policy and
strategy recommendations to help close the gap on these middle skill
credentials.
(e) The recommendations built upon the foundation established by
the California Community Colleges Economic and Workforce Development
Program in Part 52.5 (commencing with Section 88600) of Division 7 of
Title 3 of the Education Code, the Office of the Chancellor of the
California Community Colleges Doing What MATTERS for Jobs and the
Economy framework, and the federal Workforce Innovation and
Opportunities Act (Public Law 113-128).
(f) With the enactment of the federal Workforce Innovation and
Opportunity Act (Public Law 113-128), California agencies receiving
workforce-related funds have adopted the following common program
strategies articulated by the California Workforce Investment Board:
(1) Partnering in sector strategies to ensure training programs
are relevant to the economy.
(2) Building career pathways to increase access, flexibility, and
facilitated navigation of training and education programs.
(3) Utilizing "earn and learn" to increase simultaneous access to
income and training for those who cannot afford full-time education.
(4) Organizing regionally to benefit from economies of scale,
recognizing gains when labor markets and industry are organized
regionally.
(5) Providing supportive services to remove barriers to program
completion and employment.
(6) Creating cross-system data capacity to ensure effective use of
resources.
(7) Integrating service delivery and braiding of resources to
optimize limited resources and make use of program specializations to
better serve individuals.
SEC. 2. Section 463 is added to the Business
and Professions Code, to read:
463. (a) The department shall make available to the Office of the
Chancellor of the California Community Colleges any licensure
information that the department has in electronic format for its
boards, bureaus, commissions, or programs to enable the office of the
chancellor to measure employment outcomes of students who
participate in career technical education programs offered by the
California Community Colleges and recommend how these programs may be
improved. Licensure information made available by the department
pursuant to this section shall not be used for any other purpose.
(b) The department may make available information pursuant to
subdivision (a) only to the extent that making the information
available complies with state and federal privacy laws.
(c) The department may, by agreement, condition or limit the
availability of licensure information pursuant to subdivision (a) in
order to ensure the security of the information and to protect the
privacy rights of the individuals to whom the information pertains.
(d) All of the following apply to the licensure information made
available pursuant to subdivision (a):
(1) It shall be limited to only the information necessary to
accomplish the purpose authorized in subdivision (a).
(2) It shall not be used in a manner that permits third parties to
personally identify the individual or individuals to whom the
information pertains.
(3) Except as provided in subdivision (e), it shall not be shared
with or transmitted to any other party or entity without the consent
of the individual or individuals to whom the information pertains.
(4) It shall be protected by reasonable security procedures and
practices appropriate to the nature of the information to protect
that information from unauthorized access, destruction, use,
modification, or disclosure.
(5) It shall be immediately and securely destroyed when no longer
needed for the purpose authorized in subdivision (a).
(e) The department or the Office of the Chancellor of the
California Community Colleges may share licensure information with a
third party who contracts to perform the function authorized in
subdivision (a), if the third party is required by contract to follow
the requirements of this section.
SEC. 2. Section 30 of the Business and
Professions Code is amended to read:
30. (a) (1) Notwithstanding any other law, any board, as defined
in Section 22, and the State Bar and the Bureau of Real Estate shall,
at the time of issuance of the license, require that the applicant
provide its federal employer identification number, if the applicant
is a partnership, or the applicant's social security number for all
other applicants.
(2) No later than January 1, 2016, in accordance with Section
135.5, a board, as defined in Section 22, and the State Bar and the
Bureau of Real Estate shall require either the individual taxpayer
identification number or social security number if the applicant is
an individual for purposes of this subdivision.
(b) A licensee failing to provide the federal employer
identification number, or the individual taxpayer identification
number or social security number shall be reported by the licensing
board to the Franchise Tax Board. If the licensee fails to provide
that information after notification pursuant to paragraph (1) of
subdivision (b) of Section 19528 of the Revenue and Taxation Code,
the licensee shall be subject to the penalty provided in paragraph
(2) of subdivision (b) of Section 19528 of the Revenue and Taxation
Code.
(c) In addition to the penalty specified in subdivision (b), a
licensing board shall not process an application for an initial
license unless the applicant provides its federal employer
identification number, or individual taxpayer identification number
or social security number where requested on the application.
(d) A licensing board shall, upon request of the Franchise Tax
Board or the Employment Development Department, furnish to the board
or the department, as applicable, the following information with
respect to every licensee:
(1) Name.
(2) Address or addresses of record.
(3) Federal employer identification number if the licensee is a
partnership, or the licensee's individual taxpayer identification
number or social security number for all other licensees.
(4) Type of license.
(5) Effective date of license or a renewal.
(6) Expiration date of license.
(7) Whether license is active or inactive, if known.
(8) Whether license is new or a renewal.
(e) For the purposes of this section:
(1) "Licensee" means a person or entity, other than a corporation,
authorized by a license, certificate, registration, or other means
to engage in a business or profession regulated by this code or
referred to in Section 1000 or 3600.
(2) "License" includes a certificate, registration, or any other
authorization needed to engage in a business or profession regulated
by this code or referred to in Section 1000 or 3600.
(3) "Licensing board" means any board, as defined in Section 22,
the State Bar, and the Bureau of Real Estate.
(f) The reports required under this section shall be filed on
magnetic media or in other machine-readable form, according to
standards furnished by the Franchise Tax Board or the Employment
Development Department, as applicable.
(g) Licensing boards shall provide to the Franchise Tax Board or
the Employment Development Department the information required by
this section at a time that the board or the department, as
applicable, may require.
(h) Notwithstanding Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code, a federal employer
identification number, individual taxpayer identification number, or
social security number furnished pursuant to this section shall not
be deemed to be a public record and shall not be open to the public
for inspection.
(i) A deputy, agent, clerk, officer, or employee of a licensing
board described in subdivision (a), or any former officer or employee
or other individual who, in the course of his or her employment or
duty, has or has had access to the information required to be
furnished under this section, shall not disclose or make known in any
manner that information, except as provided in
pursuant to this section to the Franchise Tax
Board or Board, the Employment Development
Department Department, or the Office of the
Chancellor of the California Community Colleges, or
as provided in subdivision (k).
(j) It is the intent of the Legislature in enacting this section
to utilize the federal employer identification number, individual
taxpayer identification number, or social security number for the
purpose of establishing the identification of persons affected by
state tax laws and laws, for purposes
of compliance with Section 17520 of the Family Code
Code, and for purpose s of
measuring employment outcomes of students who participate in career
technical education programs offered by the California Community
Colleges and, to that end, the information furnished pursuant
to this section shall be used exclusively for those purposes.
(k) If the board utilizes a national examination to issue a
license, and if a reciprocity agreement or comity exists between the
State of California and the state requesting release of the
individual taxpayer identification number or social security number,
any deputy, agent, clerk, officer, or employee of any licensing board
described in subdivision (a) may release an individual taxpayer
identification number or social security number to an examination or
licensing entity, only for the purpose of verification of licensure
or examination status.
( l ) For the purposes of enforcement of Section 17520
of the Family Code, and notwithstanding any other law, a board, as
defined in Section 22, and the State Bar and the Bureau of Real
Estate shall at the time of issuance of the license require that each
licensee provide the individual taxpayer identification number or
social security number of each individual listed on the license and
any person who qualifies for the license. For the purposes of this
subdivision, "licensee" means an entity that is issued a license by
any board, as defined in Section 22, the State Bar, the Bureau of
Real Estate, and the Department of Motor Vehicles.
(m) The department shall, upon request by the Office of the
Chancellor of the California Community Colleges, furnish to the
chancellor's office, as applicable, the following information with
respect to every licensee:
(1) Name.
(2) Federal employer identification number if the licensee is a
partnership, or the licensee's individual taxpayer identification
number or social security number for all other licensees.
(3) Date of Birth.
(4) Gender.
(5) Type of license.
(6) Effective date of license or a renewal.
(7) Expiration date of license.
(n) The department shall make available information pursuant to
subdivision (m) only to allow the Chancellor's office to measure
employment outcomes of students who participate in career technical
education programs offered by the California Community Colleges and
recommend how these programs may be improved. Licensure information
made available by the department pursuant to this section shall not
be used for any other purpose.
(o) The department may make available information pursuant to
subdivision (m) only to the extent that making the information
available complies with state and federal privacy laws.
(p) The department may, by agreement, condition or limit the
availability of licensure information pursuant to subdivision (m) in
order to ensure the security of the information and to protect the
privacy rights of the individuals to whom the information pertains.
(q) All of the following apply to the licensure information made
available pursuant to subdivision (m):
(1) It shall be limited to only the information necessary to
accomplish the purpose authorized in subdivision (n).
(2) It shall not be used in a manner that permits third parties to
personally identify the individual or individuals to whom the
information pertains.
(3) Except as provided in subdivision (n), it shall not be shared
with or transmitted to any other party or entity without the consent
of the individual or individuals to whom the information pertains.
(4) It shall be protected by reasonable security procedures and
practices appropriate to the nature of the information to protect
that information from unauthorized access, destruction, use,
modification, or disclosure.
(5) It shall be immediately and securely destroyed when no longer
needed for the purpose authorized in subdivision (n).
(r) The department or the Chancellor's office may share licensure
information with a third party who contracts to perform the function
described in subdivision (n), if the third party is required by
contract to follow the requirements of this section.
SEC. 3. Section 88650 of the Education Code is amended to read:
88650. (a) The chancellor shall implement performance
accountability outcome measures for the economic and workforce
development program that provide the Governor, Legislature, and
general public with information that quantifies employer and student
outcomes for those participating in the program. These performance
accountability measures should, to the extent possible, align with
the performance accountability measures of the federal Workforce
Innovation and Opportunity Act (Public Law 113-128).
(b) The chancellor shall submit a report to the Governor and
Legislature on or about March 1 of each year. This report shall
include, but not necessarily be limited to, both of the following:
(1) Sufficient information to ensure the understanding of the
magnitude of expenditures, by type of expenditure, including those
specified in Section 88625, disaggregated by industry sector or
cluster, region, and type of grant.
(2) Data summarizing outcome accountability performance measures
required by this section.