Amended in Assembly August 18, 2016

Amended in Assembly August 2, 2016

Amended in Assembly June 23, 2016

Amended in Senate January 14, 2016

Amended in Senate January 4, 2016

Senate BillNo. 66


Introduced by Senators Leyva and McGuire

January 7, 2015


An act to amend Section 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 Chancellor’s office specified information 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:

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) The economic competitiveness of California is fueled by the
4strength of regional economies and their skilled workers. Upward
5social and economic mobility and increased opportunities keep
6the state’s economy diversified and vibrant.

7(b) The pathway out of poverty for millions of California
8residents is the attainment of industry-valued “middle skill
9credentials,” which is defined as a job requiring a certificate,
10associate’s degree, or third-party credential that is less advanced
11than a bachelor’s degree, but more advanced than a high school
12diploma.

13(c) Middle skill credentials serve as the gateway for a large
14number of careers in the state’s prioritized and emergent industry
15sectors.

16(d) The California Community Colleges Board of Governor’s
17Task Force on Workforce, Job Creation, and a Strong Economy,
18also referred to as the Strong Workforce Task Force, identified 25
19policy and strategy recommendations to help close the gap on these
20middle skill credentials.

21(e) The recommendations built upon the foundation established
22by the California Community Colleges Economic and Workforce
23Development Program in Part 52.5 (commencing with Section
2488600) of Division 7 of Title 3 of the Education Code, the Office
25of the Chancellor of the California Community Colleges Doing
26What MATTERS for Jobs and the Economy framework, and the
P3    1federal Workforce Innovation and Opportunities Act (Public Law
2113-128).

3(f) With the enactment of the federal Workforce Innovation and
4Opportunity Act (Public Law 113-128), California agencies
5receiving workforce-related funds have adopted the following
6common program strategies articulated by the California Workforce
7Investment Board:

8(1) Partnering in sector strategies to ensure training programs
9are relevant to the economy.

10(2) Building career pathways to increase access, flexibility, and
11facilitated navigation of training and education programs.

12(3) Utilizing “earn and learn” to increase simultaneous access
13to income and training for those who cannot afford full-time
14education.

15(4) Organizing regionally to benefit from economies of scale,
16recognizing gains when labor markets and industry are organized
17regionally.

18(5) Providing supportive services to remove barriers to program
19completion and employment.

20(6) Creating cross-system data capacity to ensure effective use
21of resources.

22(7) Integrating service delivery and braiding of resources to
23optimize limited resources and make use of program specializations
24to better serve individuals.

25

SEC. 2.  

Section 30 of the Business and Professions Code is
26amended to read:

27

30.  

(a) (1) Notwithstanding any other law, any board, as
28defined in Section 22, and the State Bar and the Bureau of Real
29Estate shall, at the time of issuance of the license, require that the
30applicant provide its federal employer identification number, if
31the applicant is a partnership, or the applicant’s social security
32number for all other applicants.

33(2) No later than January 1, 2016, in accordance with Section
34135.5, a board, as defined in Section 22, and the State Bar and the
35Bureau of Real Estate shall require either the individual taxpayer
36identification number or social security number if the applicant is
37an individual for purposes of this subdivision.

38(b) A licensee failing to provide the federal employer
39identification number, or the individual taxpayer identification
40number or social security number shall be reported by the licensing
P4    1board to the Franchise Tax Board. If the licensee fails to provide
2that information after notification pursuant to paragraph (1) of
3subdivision (b) of Section 19528 of the Revenue and Taxation
4Code, the licensee shall be subject to the penalty provided in
5paragraph (2) of subdivision (b) of Section 19528 of the Revenue
6and Taxation Code.

7(c) In addition to the penalty specified in subdivision (b), a
8licensing board shall not process an application for an initial license
9unless the applicant provides its federal employer identification
10number, or individual taxpayer identification number or social
11security number where requested on the application.

12(d) A licensing board shall, upon request of the Franchise Tax
13Board or the Employment Development Department, furnish to
14the board or the department, as applicable, the following
15information with respect to every licensee:

16(1) Name.

17(2) Address or addresses of record.

18(3) Federal employer identification number if the licensee is a
19partnership, or the licensee’s individual taxpayer identification
20number or social security number for all other licensees.

21(4) Type of license.

22(5) Effective date of license or a renewal.

23(6) Expiration date of license.

24(7) Whether license is active or inactive, if known.

25(8) Whether license is new or a renewal.

26(e) For the purposes of this section:

27(1) “Licensee” means a person or entity, other than a
28corporation, authorized by a license, certificate, registration, or
29other means to engage in a business or profession regulated by
30this code or referred to in Section 1000 or 3600.

31(2) “License” includes a certificate, registration, or any other
32authorization needed to engage in a business or profession
33regulated by this code or referred to in Section 1000 or 3600.

34(3) “Licensing board” means any board, as defined in Section
3522, the State Bar, and the Bureau of Real Estate.

36(f) The reports required under this section shall be filed on
37magnetic media or in other machine-readable form, according to
38standards furnished by the Franchise Tax Board or the Employment
39Development Department, as applicable.

P5    1(g) Licensing boards shall provide to the Franchise Tax Board
2or the Employment Development Department the information
3required by this section at a time that the board or the department,
4as applicable, may require.

5(h) Notwithstanding Chapter 3.5 (commencing with Section
66250) of Division 7 of Title 1 of the Government Code, a federal
7employer identification number, individual taxpayer identification
8number, or social security number furnished pursuant to this section
9shall not be deemed to be a public record and shall not be open to
10the public for inspection.

11(i) A deputy, agent, clerk, officer, or employee of a licensing
12board described in subdivision (a), or any former officer or
13employee or other individual who, in the course of his or her
14employment or duty, has or has had access to the information
15required to be furnished under this section, shall not disclose or
16make known in any manner that information, except as provided
17pursuant to this section to the Franchise Tax Board, the
18Employment Development Department, or the Office of the
19Chancellor of the California Community Colleges, or as provided
20in subdivision (k).

21(j) It is the intent of the Legislature in enacting this section to
22utilize the federal employer identification number, individual
23taxpayer identification number, or social security number for the
24purpose of establishing the identification of persons affected by
25state tax laws, for purposes of compliance with Section 17520 of
26the Family Code, and for purposes of measuring employment
27outcomes of students who participate in career technical education
28programs offered by the California Community Colleges and, to
29that end, the information furnished pursuant to this section shall
30be used exclusively for those purposes.

31(k) If the board utilizes a national examination to issue a license,
32and if a reciprocity agreement or comity exists between the State
33of California and the state requesting release of the individual
34taxpayer identification number or social security number, any
35deputy, agent, clerk, officer, or employee of any licensing board
36described in subdivision (a) may release an individual taxpayer
37identification number or social security number to an examination
38or licensing entity, only for the purpose of verification of licensure
39or examination status.

P6    1(l) For the purposes of enforcement of Section 17520 of the
2Family Code, and notwithstanding any other law, a board, as
3defined in Section 22, and the State Bar and the Bureau of Real
4Estate shall at the time of issuance of the license require that each
5licensee provide the individual taxpayer identification number or
6social security number of each individual listed on the license and
7any person who qualifies for the license. For the purposes of this
8subdivision, “licensee” means an entity that is issued a license by
9any board, as defined in Section 22, the State Bar, the Bureau of
10Real Estate, and the Department of Motor Vehicles.

11(m) The department shall, upon request by the Office of the
12Chancellor of the California Community Colleges, furnish to the
13chancellor’s office, as applicable, the following information with
14respect to every licensee:

15(1) Name.

16(2) Federal employer identification number if the licensee is a
17partnership, or the licensee’s individual taxpayer identification
18number or social security number for all other licensees.

19(3) Date of birth.

begin delete

20(4) Gender.

end delete
begin delete

21(5)

end delete

22begin insert(end insertbegin insert4)end insert Type of license.

begin delete

23(6)

end delete

24begin insert(end insertbegin insert5)end insert Effective date of license or a renewal.

begin delete

25(7)

end delete

26begin insert(end insertbegin insert6)end insert Expiration date of license.

27(n) The department shall make available information pursuant
28to subdivision (m) only to allow the chancellor’s office to measure
29employment outcomes of students who participate in career
30technical education programs offered by the California Community
31Colleges and recommend how these programs may be improved.
32Licensure information made available by the department pursuant
33to this section shall not be used for any other purpose.

34(o) The department may make available information pursuant
35to subdivision (m) only to the extent that making the information
36available complies with state and federal privacy laws.

37(p) The department may, by agreement, condition or limit the
38availability of licensure information pursuant to subdivision (m)
39in order to ensure the security of the information and to protect
P7    1the privacy rights of the individuals to whom the information
2pertains.

3(q) All of the following apply to the licensure information made
4available pursuant to subdivision (m):

5(1) It shall be limited to only the information necessary to
6accomplish the purpose authorized in subdivision (n).

7(2) It shall not be used in a manner that permits third parties to
8personally identify the individual or individuals to whom the
9information pertains.

10(3) Except as provided in subdivision (n), it shall not be shared
11with or transmitted to any other party or entity without the consent
12of the individual or individuals to whom the information pertains.

13(4) It shall be protected by reasonable security procedures and
14practices appropriate to the nature of the information to protect
15that information from unauthorized access, destruction, use,
16modification, or disclosure.

17(5) It shall be immediately and securely destroyed when no
18longer needed for the purpose authorized in subdivision (n).

19(r) The department or the chancellor’s office may share licensure
20information with a third party who contracts to perform the function
21described in subdivision (n), if the third party is required by
22contract to follow the requirements of this section.

23

SEC. 3.  

Section 88650 of the Education Code is amended to
24read:

25

88650.  

(a) The chancellor shall implement performance
26accountability outcome measures for the economic and workforce
27development program that provide the Governor, Legislature, and
28general public with information that quantifies employer and
29student outcomes for those participating in the program. These
30performance accountability measures should, to the extent possible,
31align with the performance accountability measures of the federal
32Workforce Innovation and Opportunity Act (Public Law 113-128).

33(b) The chancellor shall submit a report to the Governor and
34Legislature on or about March 1 of each year. This report shall
35include, but not necessarily be limited to, both of the following:

36(1) Sufficient information to ensure the understanding of the
37magnitude of expenditures, by type of expenditure, including those
38specified in Section 88625, disaggregated by industry sector or
39cluster, region, and type of grant.

P8    1(2) Data summarizing outcome accountability performance
2measures required by this section.



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