BILL NUMBER: SB 599 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 13, 2009
INTRODUCED BY Senator Negrete McLeod
FEBRUARY 27, 2009
An act to add Section 27.5 to the Business and
Professions Code, relating to business and professions.
An act to add Sections 27.5 and 27.6 to the Business and
Professions Code, and to amend Section 14206 of the Unemployment
Insurance Code, relating to workforce development.
LEGISLATIVE COUNSEL'S DIGEST
SB 599, as amended, Negrete McLeod. Licensing boards:
disciplinary actions. Workforce development.
Existing
(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) 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repealed on January 1, 2008, was administered by the Bureau for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.
(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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no 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 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. 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.
(f)
(g) Identify, consistent with the Workforce Investment
Act of 1998, eligible providers of training services.
(g)
(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.
(h)
(i) Develop local policy on the amount and duration of
individual training accounts based upon the market rate for local
training programs.
(i)
(j) Conduct program oversight over workforce investment
activities in the local area.
(j)
(k) Negotiate with the local chief elected official in
the local area and the Governor on local performance measures for the
local area.
(k)
(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 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.