BILL NUMBER: SB 599 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 20, 2009
AMENDED IN SENATE APRIL 13, 2009
INTRODUCED BY Senator Negrete McLeod
FEBRUARY 27, 2009
An act to add Sections 27.5 and 27.6 to
amend Section 1973 of, and to add Section 27.6 to, the Business
and Professions Code, and to amend Section 14206 of the Unemployment
Insurance Code, relating to workforce development , and
declaring the urgency thereof, to take effect immediately .
LEGISLATIVE COUNSEL'S DIGEST
SB 599, as amended, Negrete McLeod. Workforce development.
(1) Existing law establishes the Department of Consumer Affairs in
the State and Consumer Services Agency. Existing law establishes
within the department specified boards, bureaus, and commissions for
the purpose of ensuring that private businesses and professionals
engaging in activities that have potential impact upon the public
health, safety, and welfare are adequately regulated in order to
protect the people of California. Existing law authorizes those
entities to license qualified persons according to set and accepted
professional standards, and to provide a means for redress of
grievances by investigating allegations of unprofessional conduct,
incompetence, fraudulent action, or unlawful activity. Existing law
requires certain of those entities to provide on the Internet
information regarding the status of every license issued by an entity
in accordance with the California Public Records Act.
This bill would require every board, as defined, to post each
accusation, statement of issues, or disciplinary action taken by the
board on that board's Internet Web site within 10 days of the filing
date of the accusation or statement of issues, or the effective date
of the disciplinary action.
(2)
(1) The former Private Postsecondary and Vocational
Education Reform Act of 1989, which became inoperative on July 1,
2007, and was repealed on January 1, 2008, was administered by the
Bureau for Private Postsecondary and Vocational Education in the
Department of Consumer Affairs. The former act generally effectuated
legislative intent to ensure minimum standards of instructional
quality and institutional stability in private postsecondary
educational institutions and required the bureau, among other things,
to review and investigate all institutions, programs, and courses of
instruction approved under the act.
This bill would require the successor agency to the former Bureau
for Private Postsecondary and Vocational Education in the Department
of Consumer Affairs to transmit any available data regarding school
performance, as prescribed, it receives from any schools under its
jurisdiction to the California Postsecondary Education Commission.
However the bill would make this provision operative only if AB 48 of
the 2009-10 Regular Session is enacted and becomes effective on or
before January 1, 2010, and creates a successor agency to the former
Bureau for Private Postsecondary and Vocational Education.
The federal Workforce Investment Act of 1998 provides for
workforce investment activities, including activities in which states
may participate. Existing law contains various programs for job
training and employment investment, including work incentive and
employment training outreach programs. The act also, establishes
local workforce boards to develop, implement, and coordinate local
workforce investment plans, as prescribed. Existing law provides that
it is the duty of the local board, among other things to, coordinate
workforce investment activities in the local area, and take
specified actions to promote economic development and job training
programs in the local area.
This bill would additionally provide that it is the duty of the
local board award grants or contracts to national, regional, or
industry accredited private postsecondary educational institutions
for job training services and education programs. By imposing new
duties on local workforce boards with regard to the provision of job
training and education programs, the bill would impose a
state-mandated local program.
(2) Existing law creates the California Dental Corps Loan
Repayment Program of 2002 in the Dental Board of California, and
transfers $3,000,000 from the State Dentistry Fund to the Dentally
Underserved Account of that fund for purposes of the program for 3
specified fiscal years, through the 2005-06 fiscal year. The program
assists dentists who practice in an underserved area with loan
repayment pursuant to an agreement between the board and the dentist,
as specified.
This bill would require the board, on or after July 1, 2010, to
extend the program and distribute the money remaining in the account
until July 1, 2011.
(3) 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
(4) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes. State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 27.5 is added to the
Business and Professions Code, to read:
27.5. In addition to any applicable requirements specified in
Section 27, every board, as defined in Section 22, shall post each
accusation, statement of issues, or disciplinary action taken by the
board on that board's Internet Web site within 10 days of the filing
date of the accusation or statement of issues, or the effective date
of the disciplinary action. The link to each posted action shall be
easily accessible from the board's Internet home page.
SEC. 2. SECTION 1. Section 27.6 is
added to the Business and Professions Code, to read:
27.6. The successor agency to the Bureau for Private
Postsecondary and Vocational Education shall transmit any available
data regarding school performance, including, but not limited to,
attendance and graduation rates, it receives from any schools under
its jurisdiction to the California Postsecondary Education
Commission.
SEC. 2. Section 1973 of the Business
and Professions Code is amended to read:
1973. (a) The Dentally Underserved Account is hereby created in
the State Dentistry Fund.
(b) The sum of three million dollars ($3,000,000) is hereby
authorized to be expended from the State Dentistry Fund on this
program. These moneys are appropriated as follows:
(1) One million dollars ($1,000,000) shall be transferred from the
State Dentistry Fund to the Dentally Underserved Account on July 1,
2003. Of this amount, sixty-five thousand dollars ($65,000) shall be
used by the Dental Board of California in the 2003-04 fiscal year for
operating expenses necessary to manage this program.
(2) One million dollars ($1,000,000) shall be transferred from the
State Dentistry Fund to the Dentally Underserved Account on July 1,
2004. Of this amount, sixty-five thousand dollars ($65,000) shall be
used by the Dental Board of California in the 2004-05 fiscal year for
operating expenses necessary to manage this program.
(3) One million dollars ($1,000,000) shall be transferred from the
State Dentistry Fund to the Dentally Underserved Account on July 1,
2005. Of this amount, sixty-five thousand dollars ($65,000) shall be
used by the Dental Board of California in the 2005-06 fiscal year for
operating expenses necessary to manage this program.
(c) Funds placed into the Dentally Underserved Account shall be
used by the board to repay the loans per agreements made with
dentists.
(1) Funds paid out for loan repayment may have a funding match
from foundation or other private sources.
(2) Loan repayments may not exceed one hundred five thousand
dollars ($105,000) per individual licensed dentist.
(3) Loan repayments may not exceed the amount of the educational
loans incurred by the dentist applicant.
(d) Notwithstanding Section 11005 of the Government Code, the
board may seek and receive matching funds from foundations and
private sources to be placed into the Dentally Underserved Account.
The board also may contract with an exempt foundation for the receipt
of matching funds to be transferred to the Dentally Underserved
Account for use by this program.
(e) Funds in the Dentally Underserved Account appropriated in
subdivision (b) or received pursuant to subdivision (d) are
continuously appropriated for the repayment of loans per agreements
made between the board and the dentists.
(f) On or after July 1, 2010, the board shall extend the program
and distribute the money remaining in the account until July 1, 2011.
SEC. 3. Section 14206 of the Unemployment Insurance Code is
amended to read:
14206. It shall be the duty of the local board to do all of the
following:
(a) Coordinate workforce investment activities in the local area
with economic development strategies.
(b) Promote participation of private sector employers in the local
workforce investment system.
(c) Develop and submit a local workforce investment plan to the
Governor.
(d) Select one-stop operators, with the agreement of the local
chief elected official, annually review their operations, and
terminate for cause the eligibility of such operators.
(e) Award grants or contracts to eligible providers of youth
activities in the local area on a competitive basis, consistent with
the Workforce Investment Act of 1998, based upon the recommendations
of the youth council.
(f) Award grants or contracts to national, regional, or industry
accredited private postsecondary institutions for job training
services and education programs.
(g) Identify, consistent with the Workforce Investment Act of
1998, eligible providers of training services.
(h) Identify eligible providers of intensive services and, when
the one-stop operator does not provide intensive services to the
local area, award contracts to those providers.
(i) Develop local policy on the amount and duration of individual
training accounts based upon the market rate for local training
programs.
(j) Conduct program oversight over workforce investment activities
in the local area.
(k) Negotiate with the local chief elected official in the local
area and the Governor on local performance measures for the local
area.
(l) Assist in the development of a statewide employment statistics
system, which shall be developed in conjunction with and shall
utilize to the fullest extent possible, the Employment Development
Department's labor market information system.
SEC. 4. Section 2 Section 1 of this
bill shall only become operative if Assembly Bill 48 is also enacted
and becomes effective on or before January 1, 2010, and that bill
creates a successor agency to the former Bureau for Private
Postsecondary and Vocational Education.
SEC. 5. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
SEC. 6. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to disburse economic recovery funds recently made
available by Congress as part of the American Recovery and
Reinvestment Act of 2009 to workforce development programs in the
state and to extend the operation of a dental assistance program as
quickly as possible, it is necessary that this act take effect
immediately.