Today's Law As Amended


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AB-71 Private postsecondary education.(1997-1998)



As Amends the Law Today


SECTION 1.
 The Legislature hereby finds and declares that the California Postsecondary Education Commission, in reviewing the effectiveness of the Private Postsecondary and Vocational Education Reform Act of 1989, adopted and issued a report on October 30, 1995, that set forth all of the following findings:
(a)  The Private Postsecondary and Vocational Education Reform Act of 1989 is California’s major statute for regulating and strengthening its more than 2,000 privately operated postsecondary educational institutions, as well as out-of-state public and private institutions that have operations in California. The private sector educates approximately 400,000 students: 100,000 enrolled in degree-granting institutions, and 300,000 enrolled in nondegree-granting institutions.
(b)  Prior to passage of the act, some degrees and diplomas awarded by California’s private postsecondary and vocational educational institutions were of questionable integrity and value. The act set minimum standards of instructional quality and institutional business practices, and mandated consumer protections for students against fraud, misrepresentation, and unfair practices by schools. These changes have restored the credibility and integrity of degrees and diplomas awarded by private schools and colleges.
(c)  More broadly, the improvement of California’s work force preparation programs, both public and private, is of significant value to the business community in California. By ensuring high-quality preparation and training for students entering the work force, this act benefits both employers and employees.

SEC. 2.

 Section 146 of the Business and Professions Code is amended to read:

146.
 (a)   Notwithstanding any other provision of law, a violation of any code section listed in subdivision (c) or (d)  is an infraction subject to the procedures described in Sections 19.6 and 19.7 of the Penal Code when either of the following applies: when:  
(1)   A complaint or a written notice to appear in court pursuant to Chapter 5C 5c  (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code is filed in court charging the offense as an infraction unless the defendant, at the time they are  he or she is  arraigned, after being advised of their  his or her  rights, elects to have the case proceed as a misdemeanor. misdemeanor, or  
(2)   The court, with the consent of the defendant and the prosecution, determines that the offense is an infraction in which event the case shall proceed as if the defendant has been arraigned on an infraction complaint.  
(b)   Subdivision (a) does not apply to a violation of the code sections listed in subdivision subdivisions  (c) and (d)  if the defendant has had their  his or her  license, registration, or certificate previously revoked or suspended.  
(c)   The following sections require registration, licensure, certification, or other authorization in order to engage in certain businesses or professions regulated by this code:  
(1) Section 2474.
(2) (1)   Sections 2052 and 2054.  
(3) (2)   Section 2570.3. 2630.  
(4) Section 2630.
(5) (3)   Section 2903.  
(6) Section 3575.
(7) Section 3660.
(8) (4)   Sections 3760 and 3761.  
(9) (5)   Section 4080.  
(10) (6)   Section 4825.  
(11) (7)   Section 4935.  
(12) (8)   Section 4980.  
(13) (9)   Section 4989.50. 4996.  
(14) Section 4996.
(15) (10)   Section 4999.30. 5536.  
(16) Section 5536.
(17) (11)   Section 6530 or 6532.  6704.  
(18) Section 6704.
(19) (12)   Section 6980.10.  
(20) (13)   Section 7317.  
(21) (14)   Section 7502 or 7592.  
(22) (15)   Section 7520.  
(23) (16)   Section 7617 or 7641.  
(24) (17)   Subdivision (a) of Section 7872.  
(25) (18)   Section 8016.  
(26) (19)   Section 8505.  
(27) (20)   Section 8725.  
(28) (21)   Section 9681.  
(29) (22)   Section 9840.  
(23)  Section 9884.6.
(30) (24)   Subdivision (c) of Section 9891.24.  
(31) (25)   Section 19049.  
(d)  Institutions that are required to register with the Bureau for Private Postsecondary and Vocational Education pursuant to Section 94931 of the Education Code.
(d) (e)   Notwithstanding any other provision of  law, a violation of any of the sections listed in subdivision (c),  (c) or (d),  which is an infraction, is punishable by a fine of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000). No portion of the minimum fine may be suspended by the court unless as a condition of that suspension the defendant is required to submit proof of a current valid license, registration, or certificate for the profession or vocation that which  was the basis for their  his or her  conviction.  

SEC. 3.5.

 Section 473.1 of the Business and Professions Code is amended to read:

473.1.
 This division shall apply to all of the following:
(a)  Every board, as defined in Section 22, that is scheduled to become inoperative on July 1, 1997, July 1, 1998, or July 1, 1999, and to be repealed on either January 1, 1998, January 1, 1999, or January 1, 2000, respectively, by the act which enacted this division.
(b)  The Bureau for Postsecondary and Vocational Education. For purposes of this division, “board” includes the bureau.

SEC. 3.7.

 Section 473.3 of the Business and Professions Code is amended to read:

473.3.
 (a)  Prior to the termination, continuation, or reestablishment of any board or any of the board’s functions, the Joint Legislative Sunset Review Committee shall, during the interim recess preceding the date upon which a board becomes inoperative, hold public hearings to receive testimony from the Director of Consumer Affairs, the board involved, and the public and regulated industry. In that hearing, each board shall have the burden of demonstrating a compelling public need for the continued existence of the board or regulatory program, and that its licensing function is the least restrictive regulation consistent with the public health, safety, and welfare.
(b)  In addition to subdivision (a), in the year 2001 and every four years thereafter, the committee shall hold a public hearing to receive testimony from the Director of Consumer Affairs, the Bureau for Private Postsecondary and Vocational Education, private postsecondary educational institutions regulated by the bureau, and students of those institutions. In those hearings, the bureau shall have the burden of demonstrating a compelling public need for the continued existence of the bureau and its regulatory program, and that its function is the least restrictive regulation consistent with the public health, safety, and welfare.

SEC. 3.9.

 Chapter 7 (commencing with Section 94700) of Part 59 of the Education Code is repealed.

SEC. 4.

 Section 1095 of the Unemployment Insurance Code is amended to read:

1095.
 The director shall permit the use of any information in the director’s  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: purposes: 
(a) To enable the director or the director’s representative to carry out their responsibilities under this code.
(b) (a)   To properly present a claim for benefits.  
(c) (b)   To acquaint a worker or their  his or her  authorized agent with the worker’s  his or her  existing or prospective right to benefits.  
(d) (c)   To furnish an employer or their  his or her  authorized agent with information to enable the employer  him or her  to fully discharge their  his or her  obligations or safeguard their  his or her  rights under this division or Division 3 (commencing with Section 9000). This subdivision, as it relates to Division 3 (commencing with Section 9000), applies only to subdivision (j) of this section.  
(e) (d)   To enable an employer to receive a reduction in contribution rate.  
(f) (e)   To enable federal, state, or local governmental departments or agencies,  the Director of Social Services or his or her representatives or the Director of Health Services or his or her representatives,  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 Subchapter IV of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.), and state or federal subsidies offered through the California Health Benefit Exchange provided pursuant to Title 22 (commencing with Section 100500) of the Government Code, when the verification or determination is  and  directly connected with, and limited to, the administration of public social services.  
(g) (f)   To enable county administrators of general relief or assistance, or their representatives, to determine entitlement to locally provided general relief or assistance, when where  the determination is directly connected with, and limited to, the administration of general relief or assistance.  
(h) (g)   To enable state or local governmental departments or agencies  county district attorneys, or their representatives,  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. Code.  
(h)  To enable the director or his or her representative to carry out his or her responsibilities under this code.
(i)  To enable county departments of collection or their representatives to determine entitlement to medical assistance services rendered pursuant to Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code, and, when appropriate, to enable collection for the county’s expenditures for these medical assistance services.
(j)  To furnish an employer, or his or her authorized agent, with information including, but not limited to, the applicant’s or recipient’s name, social security number, address, employable skills, and job placement in order to enable him or her to fully discharge his or her obligations or safeguard his or her rights under the elements of a joint union, management, and Employment Development Department agreement as are deemed necessary to assist displaced workers to obtain new employment under Chapter 2.9 (commencing with Section 9970) of Part 1 of Division 3 and related provisions of Division 3 (commencing with Section 9000). The information shall be limited to any information gathered under these divisions by the department and authorized for release by the labor organization which shall act as an agent for the affected workers under terms of the agreement and shall participate in defining the information release provisions.
(i) (k)   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  Code and  designated by the head of the law enforcement agency and who  requests this information in the course of and as a part of an investigation into the commission of a crime when where  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 the person,  him or her,  for filing under the normal procedures of that agency. Any officer or employee of the department who discloses information in violation of this subdivision is guilty of a misdemeanor. Any person who obtains information in violation of this subdivision is guilty of a misdemeanor.  
(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. benefits to any law enforcement agency.  
(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.  
( l)  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.
(j) (m)   To provide public employee retirement systems in California  the State Teachers’ Retirement System, pursuant to Section 22327 of the Education Code,  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 State Teachers’ Retirement System.  The earnings information shall be released to the Teachers’ Retirement Board  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  the  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.  
(n)  To provide the Public Employees’ Retirement System, pursuant to Section 20231 of the Government Code, with information relating to the earnings of any person who is receiving a disability retirement allowance from the Public Employees’ Retirement System. The earnings information shall be released to the Board of Administration of the system only upon written request from the board specifying that the person is receiving a disability retirement allowance from the system. The request may be made by the executive officer of the system or by an employee of the system so authorized and identified by name and title by the executive officer in writing.
(o)  To provide the University of California Retirement System with information in its possession relating to the earnings of any person who has applied for or is receiving disability income from the system. The earnings information shall be disclosed only upon written request from the system specifying that the person has applied for or is receiving disability income from the system. The request may be made by the chief administrative officer of the system or by an employee so authorized and identified by name and title by the chief administrative officer in writing. The system shall notify applicants for and recipients of disability income that earnings information from the department’s records will be released upon the system’s request. The information obtained pursuant to this subdivision shall be used or disclosed by the system only to determine or to verify entitlement to, or continuing eligibility for, disability income. The system shall reimburse the department for all reasonable administrative expenses incurred pursuant to this subdivision.
(k) (p)   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 of,  Division 2 of, the Labor Code. The Division of Labor Standards Enforcement shall reimburse the department for all reasonable administrative expenses incurred pursuant to this subdivision.  
( (q) 
l
)    To enable federal, state, or local governmental departments or agencies to administer  the federal Department of Health and Human Services, Office of Child Support Enforcement, Federal Parent Locator Service, to administer its  child support enforcement programs under Part D of  Title IV of the federal  Social Security Act (42 U.S.C. Sec. 651 et seq.).  
(m) (r)   To provide federal, state, or local governmental departments or agencies  county probation departments, the State Board of Control, and the United States Attorney General  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 been,  or can be recovered. recovered, and to assist in the collection of money owed to the county, the state, or the United States by any person who has been directed by state mandate or court order to pay restitution, fines, penalties, assessments, or fees as a result of a violation of law. Information provided about victims of crime shall be limited to data necessary to assist in locating them. Nothing in this section shall be construed to prevent the department from providing information to the State Board of Control or the United States Attorney General through electronic methods. The department may charge a fee for all reasonable administrative expenses incurred pursuant to this subdivision. Except as provided by Section 1463.007 of the Penal Code, any officer or employee of the department who discloses information in violation of this subdivision is guilty of a misdemeanor. Except as provided by Section 1463.007 of the Penal Code, any person who obtains information in violation of this subdivision is guilty of a misdemeanor.  
(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) (s)   Delinquent  To provide the Student Aid Commission with information concerning any individuals who are 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  the commission. The information obtained pursuant to this subdivision shall be utilized by the commission exclusively to enable the collection of defaulted loans and other funds owed, pursuant to the authority granted in Chapter 2 (commencing with Section 69500) of Part 42 of the Education Code and Chapter 1 (commencing with Section 30000) of Title 5 of the California Code of Regulations. The information  released by the director for the purposes of this paragraph subdivision  shall not include unemployment insurance benefit information. any employment, wage, or other information concerning any person who is receiving unemployment insurance benefits. The information shall be released to the commission only upon written request from the director of the commission or by an employee so authorized and identified by name and title by the director. The commission shall reimburse the department for all reasonable administrative expenses incurred pursuant to this subdivision.  
(o) (t)   To provide an authorized governmental agency with any and 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 of California,  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. The Department of Insurance or Department of Industrial Relations shall reimburse the department for all reasonable administrative expenses incurred relative to a request that it submits pursuant to this subdivision. Relevant information may include, but is not limited to, all of the following:  
(1)  Copies of unemployment and disability insurance application and claim forms and copies of any supporting medical records, documentation, and records pertaining thereto.
(2)  Copies of returns or reports filed by an employer pursuant to Section 1088 and copies of supporting documentation.
(3)  Copies of benefit payment checks issued to claimants.
(4)  Copies of any documentation that specifically identifies the claimant by social security number, residence address, or telephone number.
(p) (u)   To enable the Director of Consumer Affairs, or the director’s representative,  the Bureau for Private Postsecondary and Vocational 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 7  (commencing with Section 94800) 94700)  of Part 59 of Division 10 of Title 3 of  the Education Code.  
(q) (v)   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 which  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.  
(w)  Wages as defined by Section 13009 and amounts required to be deducted and withheld under Section 13020 shall not be disclosed except as provided in Article 2 (commencing with Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.
(r) (x)   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. The city or county planning agency receiving the information shall adhere to the same standards regarding confidentiality and the protection of proprietary information that the department is required to follow. The city and county planning agencies shall reimburse the department for all reasonable administrative expenses incurred pursuant to this subdivision.  
(s) (y)   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. The State Department of Developmental Services shall reimburse the department for all reasonable administrative expenses incurred pursuant to this subdivision.  
(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) This section shall not 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, and the Medi-Cal Access Program provided pursuant to Chapter 2 (commencing with Section 15810) of Part 3.3 of Division 9 of the Welfare and Institutions Code, when 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, state or 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), when 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, when 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) Until January 1, 2020, to enable the Department of Finance to prepare and submit the report required by Section 13084 of the Government Code that identifies all employers in California that employ 100 or more employees who receive benefits from the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code). The information used for this purpose shall be limited to information obtained pursuant to Section 11026.5 of the Welfare and Institutions Code and from the administration of personal income tax wage withholding pursuant to Division 6 (commencing with Section 13000) and the disability insurance program and may be disclosed to the Department of Finance only for the purpose of preparing and submitting the report and only to the extent not prohibited by federal law.
(ag) 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.
(ah) To enable the Department of Corrections and Rehabilitation to obtain quarterly wage data of former inmates who have been incarcerated within the prison system in order to assess the impact of rehabilitation services or the lack of these services on the employment and earnings of these former inmates. Quarterly data for a former inmate’s employment status and wage history shall be provided for a period of one year, three years, and five years following release. The data shall only be used for the purpose of tracking outcomes for former inmates in order to assess the effectiveness of rehabilitation strategies on the wages and employment histories of those formerly incarcerated. The information shall be provided to the department to the extent not prohibited by federal law.
(ai) To enable federal, state, or local government departments or agencies, or their contracted agencies, subject to federal law, including the confidentiality, disclosure, and other requirements set forth in Part 603 of Title 20 of the Code of Federal Regulations, to evaluate, research, or forecast the effectiveness of public social services programs administered pursuant to Division 9 (commencing with Section 10000) of the Welfare and Institutions Code, or Part A of Subchapter IV of Chapter 7 of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.), when the evaluation, research, or forecast is directly connected with, and limited to, the administration of the public social services programs.
(aj) (1) To enable the California Workforce Development Board, the Chancellor of the California Community Colleges, the Superintendent of Public Instruction, the Department of Rehabilitation, the State Department of Social Services, the Bureau for Private Postsecondary Education, the Department of Industrial Relations, the Division of Apprenticeship Standards, the Department of Corrections and Rehabilitation, the Prison Industry Authority, the Employment Training Panel, and a chief elected official, as that term is defined in Section 3102(9) of Title 29 of the United States Code, to access any relevant quarterly wage data necessary for the evaluation and reporting of their respective program performance outcomes as required and permitted by various local, state, and federal laws pertaining to performance measurement and program evaluation, including responsibilities arising under Sections 14013, 14033, and 14042 of this code and Sections 2032 and 2038 of the Streets and Highways Code; the federal Workforce Innovation and Opportunity Act (Public Law 113-128); the workforce metrics dashboard pursuant to paragraph (1) of subdivision (i) of Section 14013; the Adult Education Block Grant Program consortia performance metrics pursuant to Section 84920 of the Education Code; the economic and workforce development program performance measures pursuant to Section 88650 of the Education Code; and the California Community Colleges Economic and Workforce Development Program performance measures established in Part 52.5 (commencing with Section 88600) of Division 7 of Title 3 of the Education Code. Disclosures under this subdivision shall comply with federal and state privacy laws that require the informed consent from program participants of city and county departments or agencies that administer public workforce development programs for the evaluation, research, or forecast of their programs regardless of local, state, or federal funding source.
(2) The department shall do all of the following:
(A) Consistent with this subdivision, develop the minimum requirements for granting a request for disclosure of information authorized by this subdivision regardless of local, state, or federal funding source.
(B) Develop a standard application for submitting a request for disclosure of information authorized by this subdivision.
(C) Approve or deny a request for disclosure of information authorized by this subdivision, or request additional information, within 20 business days of receiving the standard application. The entity submitting the application shall respond to any request by the department for additional information within 20 business days of receipt of the department’s request. Within 30 calendar days of receiving any additional information, the department shall provide a final approval or denial of the request for disclosure of information authorized by this subdivision. Any approval, denial, or request for additional information shall be in writing. Denials shall identify the reason or category of reasons for the denial.
(D) Make publicly available on the department’s internet website all of the following:
(i) The minimum requirements for granting a request for disclosure of information authorized by this subdivision, as developed pursuant to subparagraph (A).
(ii) The standard application developed pursuant to subparagraph (B).
(iii) The timeframe for information request determinations by the department, as specified in subparagraph (C).
(iv) Contact information for assistance with requests for disclosures of information authorized by this subdivision.
(v) Any denials for requests of disclosure of information authorized by this subdivision, including the reason or category of reasons for the denial.
(ak) (1) To provide any peace officer with the Enforcement Branch of the Department of Insurance with both of the following:
(A) Information provided pursuant to subdivision (i) that relates to a specific insurance fraud investigation involving automobile insurance fraud, life insurance and annuity fraud, property and casualty insurance fraud, and organized automobile insurance fraud. That information shall be provided when the requesting peace officer has been designated by the Chief of the Fraud Division of the Department of Insurance and requests the 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.
(B) Employee, wage, employer, and state disability insurance claim information that relates to a specific insurance fraud investigation involving health or disability insurance fraud when the requesting peace officer has been designated by the Chief of the Fraud Division of the Department of Insurance and requests the 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.
(2) To enable the State Department of Developmental Services to obtain quarterly wage data and unemployment insurance claim data of consumers served by that department for the purposes of monitoring, program operation and evaluation, and evaluating employment outcomes, of the Employment First Policy, established pursuant to Section 4869 of the Welfare and Institutions Code.
(3) The information provided pursuant to this subdivision shall be provided to the extent permitted by federal statutes and regulations.
(al) To provide the CalSavers Retirement Savings Board with employer tax information for use in the administration of, and to facilitate compliance with, the CalSavers Retirement Savings Trust Act (Title 21 (commencing with Section 100000) of the Government Code). The information should be limited to the tax information the director deems appropriate, and shall be provided to the extent permitted by federal laws and regulations.
(am) (1) To enable the Joint Enforcement Strike Force as established by Section 329, and the Labor Enforcement Task Force, as established pursuant to Assembly Bill 1464 of the 2011–12 Regular Session (Chapter 21 of the Statutes of 2012), to carry out their duties.
(2) To provide an agency listed in subdivision (a) of Section 329 intelligence, data, including confidential tax and fee information, documents, information, complaints, or lead referrals pursuant to Section 15925 of the Government Code.
(an) To enable the Bureau for Private Postsecondary Education to access and use any relevant quarterly wage data necessary to perform the labor market outcome reporting data match pursuant to Section 94892.6 of the Education Code. The information provided pursuant to this subdivision shall be provided to the extent permitted by state and federal laws and regulations.
(ao) To enable the Civil Rights Department to carry out its duties, including ensuring compliance with Section 12999 of the Government Code. Conduct related to information provided pursuant to this subdivision shall not be subject to the criminal sanctions set forth in subdivision (f) of Section 1094.
(ap) To enable the Cradle-to-Career Data System, as established by Article 2 (commencing with Section 10860) of Chapter 8.5 of Part 7 of Division 1 of Title 1 of the Education Code, to receive employment and earnings data and, as required by the director pursuant to Section 10871 of the Education Code, to provide information to the data system, to the extent permissible by federal laws and regulations.
(aq) (1) To enable the State Air Resources Board to receive unpaid final tax assessment information issued to a port drayage motor carrier or short-haul trucking service for misclassification of a commercial driver, for use in the administration of, and to facilitate compliance with, Chapter 3.6 (commencing with Section 39680) of Part 2 of Division 26 of the Health and Safety Code. The information shall be limited to the tax information the director deems appropriate for disclosure and shall be provided only to the extent permitted by federal laws and regulations.
(2) For purposes of this subdivision, the following definitions apply:
(A) “Commercial driver” has the same meaning as defined in Section 2810.4 of the Labor Code.
(B) “Port drayage motor carrier” has the same meaning as defined in Section 2810.4 of the Labor Code.
(C) “Short-haul trucking service” has the same meaning as defined in Section 39682 of the Health and Safety Code.
(ar) To enable the California Health Benefit Exchange to do all of the following:
(1) Notify an employer that an employee has been determined eligible for advance payments of the premium tax credit and cost-sharing reductions and has enrolled in a qualified health plan through the California Health Benefit Exchange, as required pursuant to Section 155.310(h) of Title 45 of the Code of Federal Regulations. The information shall include available employer contact information, including addresses, email addresses, and telephone numbers.
(2) Assist the California Health Benefit Exchange or the State Department of Health Care Services in determining eligibility for the insurance affordability programs administered by those state agencies. The determination of eligibility or entitlement shall include efforts by either the California Health Benefit Exchange or the State Department of Health Care Services to assist those individuals in obtaining that coverage, including informing those individuals potentially eligible for health coverage of the availability of that coverage.
(3) Verify if a consumer has been offered affordable comprehensive employer-sponsored health care coverage pursuant to Title 22 (commencing with Section 100500) of the Government Code and the federal Patient Protection and Affordable Care Act (Public Law 111-148). The information shall include available employer contact information, including addresses, email addresses, and telephone numbers.
(4) Upon the request of either the California Health Benefit Exchange or the State Department of Health Care Services, the department shall also provide to the relevant state agency information on new applicants for unemployment insurance, state disability insurance, and paid family leave. The California Health Benefit Exchange and the State Department of Health Care Services shall at all times request from the department the minimum amount of information necessary from the information listed in paragraph (1) of subdivision (a) of Section 100503.9 of the Government Code, to accomplish the purposes of Section 100503.9 of the Government Code. The information shall be sent in a manner that is encrypted or otherwise complies with government data security best practices, as specified by the California Health Benefit Exchange. This information shall only be used for the purposes of outreach and marketing.
(5) This subdivision shall become operative no later than September 1, 2023.
SEC. 5.
 (a)  All funds in the Private Postsecondary and Vocational Education Administration Fund and in the Student Tuition Recovery Fund on December 31, 1997, shall remain in those funds and may be used for the purposes authorized by Chapter 7 (commencing with Section 94700) of Part 59 of the Education Code commencing January 1, 1998.
(b)  It is the intent of the Legislature that any unencumbered funds appropriated to the Council for Private Postsecondary and Vocational Education by Item Numbers 6880-001-0305, 6880-001-0890, and 6880-001-0960 in the Budget Act of 1997 be reappropriated for expenditure by the Bureau for Private Postsecondary and Vocational Education in the Department of Consumer Affairs for the purposes of Chapter 7 (commencing with Section 94700) of Part 50 of the Education Code on and after January 1, 1998. To the extent of any conflict between this section and any conditions specified in the above item numbers, this section shall prevail.
(c)  It is the intent of the Legislature that on and after January 1, 1998, any moneys received as a result of litigation involving the former Council for Private be deposited in the Private Postsecondary and Vocational Education be deposited in the Private Postsecondary and Vocational Education Administration Fund to be used by the Bureau for Private Postsecondary and Vocational Education in the Department of Consumer Affairs, upon appropriation, to enforce the Private Postsecondary and Vocational Education Reform Act of 1989.
SEC. 6.
 Every cause of action that accrued pursuant to former Chapter 7 (commencing with Section 94700) of Part 59 of the Education Code prior to its repeal by this act shall be unaffected by that repeal, regardless of whether the cause of action was reduced to final judgment, and shall remain fully enforceable under that chapter as though it had not been repealed but remained in full force and effect on and after January 1, 1998. It is the intent of the Legislature in enacting this section to preserve all causes of action filed under that chapter, including all causes of action alleged in any pending action.
SEC. 6.5.
 This act shall become operative only if Senate Bill 819, or any other bill of the 1997–98 Regular Session, extends the operation of the Private Postsecondary and Vocational Education Reform Act of 1989 until at least December 31, 1997, and is enacted and takes effect on or before July 18, 1997.
SEC. 7.
 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 8.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII  B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.