THIRD READING  

Bill No: AB 595

Author: Medina (D)

Introduced: 2/14/19

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 6/5/19

AYES: Leyva, Wilk, Chang, Durazo, Glazer, McGuire, Pan

ASSEMBLY FLOOR: 62-0, 3/28/19 - See last page for vote

SUBJECT: Community colleges: apprenticeship programs

SOURCE: Faculty Association of California Community Colleges

DIGEST:

This bill authorizes the use of an individual tax identification number for purposes of conducting background checks required by class or program for a student enrolled in a community college apprenticeship or internship training program who does not have a social security number.

ANALYSIS:

Existing law:

1. Establishes that it is the mission and function of the California Community Colleges (CCC) to offer academic and vocational instruction at the lower division level and the CCC are authorized to grant the associate in arts and the associate in science degree. The CCC are also required to offer remedial instruction, English as a Second Language instruction, and adult noncredit instruction, and support services which help students succeed at the postsecondary level. (Education Code (EC) § 66010.4)
2. Provides the Division of Apprenticeship Standards of the Department of Industrial Relations, in partnership with CCC Chancellor’s Office, to the extent that sufficient federal funds and other resources are available, to develop and implement innovative apprenticeship training demonstration projects in high-growth industries in emerging and transitioning occupations that meet local labor market needs and that are validated by current labor market data. (Education Code § 79148)
3. Authorizes the Commission on Teacher Credentialing to use a tax identification number in lieu of a social security number for individuals applying for a new or renewal credential. (EC § 44339.5)
4. Authorizes the California Architects Board to accept an application from an individual containing an individual tax identification number, or other appropriate identification number as determined by the Board, in lieu of a social security number. (Business and Professions Code § 5550.5)
5. Prohibits licensing boards under the Department of Consumer Affairs from denying licensure to an applicant based on his/her citizenship or immigration status, and requires a licensing board and the State Bar of California to require, by January 1, 2016, that an applicant for licensure provide his/her individual taxpayer identification number (ITIN) or a social security number (SSN) for an initial or renewal license. (Business and Professions Code § 30 and 135.5)

This bill authorizes the use of an ITIN for purposes of conducting background checks required by class or program for a student enrolled in a community college apprenticeship or internship training program who does not have a SSN.

Comments

1. Need for the bill. According to the Faculty Association of California Community Colleges (FACCC), sponsors of this measure, allied health, nursing and other career education programs require students to participate in clinical placements for completion of the program. These programs require background checks and thus some form of a government identification number. Many of the programs already accept ITIN in lieu of a SSN however, its application is not uniform throughout the community college system and not currently mandated. To note, FACCC believes that the lack of consistency makes it very challenging and difficult for undocumented students to plan their careers and educational futures. This bill seeks to standardize the use of the ITIN and ensure that those students without SSN numbers can participate in career education programs.
2. Individual Tax Identification Number (ITIN). An ITIN is a tax processing identification number issued by the Internal Revenue Service that is only available for taxpayers who are ineligible to receive a social security number. According to the National Immigration Law Center, ITINs are used by undocumented immigrants and people who are lawfully present in the United States—such as certain survivors of domestic violence, Cuban and Haitian entrants, student visa-holders, and certain spouses and children of individuals with employment visas.

To obtain an ITIN, an individual must complete documentation substantiating their immigration status and identity. The documentation may be mailed, presented in person, or processed through an authorized agent. ITINs that have not been used on a federal tax return at least once in the three most recent years expire. ITINs may also expire according to a schedule determined by the date the number was issued.

1. Serving students who do not have an SSN. Staff notes that having an SSN number is not a condition for enrollment at a CCC. The state has demonstrated a willingness to invest in students who do not have an SSN and reside in California by qualifying them for state aid programs and resident tuition. Further, the legislature has authorized the use of the ITIN in the place of a SSN for individuals applying for a teaching credential and for application of other professional licenses, as outlined in the background section of this analysis. Making an ITIN an allowable form of identification for purposes of attaining a certificate or degree through an apprenticeship or internship appears to be consistent with those policies. Presumably, the proposed change is designed to guard against future efforts to restrict for certain California residents their ability to complete their program.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 6/11/19)

Faculty Association of California Community Colleges (source)

CalAsian Chamber Of Commerce
California Catholic Conference
California Community Colleges, Chancellor’s Office
California Faculty Association
California Federation of Teachers
California Immigrant Policy Center
California State Council of Service Employees
Coalition For Humane Immigrant Rights

Hispanas Organized For Political Equality
Los Angeles Community College District
Orange County Business Council
Student Senate For California Community Colleges
University of California Student Association

OPPOSITION: (Verified 6/11/19)

None received

ASSEMBLY FLOOR: 62-0, 3/28/19

AYES: Aguiar-Curry, Bauer-Kahan, Berman, Bloom, Boerner Horvath, Bonta, Burke, Carrillo, Cervantes, Chau, Chen, Chiu, Chu, Cooley, Cooper, Cunningham, Daly, Eggman, Flora, Friedman, Gabriel, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Kalra, Lackey, Levine, Limón, Low, Maienschein, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Arambula, Bigelow, Brough, Calderon, Choi, Dahle, Diep, Fong, Frazier, Gallagher, Jones-Sawyer, Kamlager-Dove, Kiley, Mathis, Melendez, Obernolte, Rodriguez, Waldron

Prepared by: Olgalilia Ramirez / ED. /

6/12/19 15:00:37

**** END ****

SENATE COMMITTEE ON EDUCATION

Senator Connie Leyva, Chair

2019 - 2020 Regular

Bill No: AB 595 Hearing Date: June 5, 2019

Subject: Community colleges: apprenticeship programs

NOTE: This bill has been referred to the Committees on Education and Public Safety. A "do pass" motion should include referral to the Committee on Public Safety.

SUMMARY

This bill authorizes the use of an individual tax identification number for purposes of conducting background checks required by class or program for a student enrolled in a community college apprenticeship or internship training program who does not have a social security number.

BACKGROUND

Existing law:

1. Establishes that it is the mission and function of the California Community Colleges (CCC) to offer academic and vocational instruction at the lower division level and the CCC are authorized to grant the associate in arts and the associate in science degree. The community colleges are also required to offer remedial instruction, English as a Second Language instruction, and adult noncredit instruction, and support services which help students succeed at the postsecondary level. (Education Code (EC) § 66010.4)
2. Provides the Division of Apprenticeship Standards of the Department of Industrial Relations, in partnership with CCC Chancellor’s Office, to the extent that sufficient federal funds and other resources are available, to develop and implement innovative apprenticeship training demonstration projects in high-growth industries in emerging and transitioning occupations that meet local labor market needs and that are validated by current labor market data. (Education Code § 79148)
3. Authorizes the Commission on Teacher Credentialing to use a tax identification number in lieu of a social security number for individuals applying for a new or renewal credential. (EC § 44339.5)
4. Authorizes the California Architects Board to accept an application from an individual containing an individual tax identification number, or other appropriate identification number as determined by the Board, in lieu of a social security number. (Business and Professions Code § 5550.5)
5. Prohibits licensing boards under the Department of Consumer Affairs from denying licensure to an applicant based on his/her citizenship or immigration status, and requires a licensing board and the State Bar of California to require, by January 1, 2016, that an applicant for licensure provide his/her individual taxpayer identification number (ITIN) or a social security number (SSN) for an initial or renewal license. (Business and Professions Code § 30 and 135.5)

ANALYSIS

This bill authorizes the use of an individual tax identification number for purposes of conducting background checks required by class or program for a student enrolled in a community college apprenticeship or internship training program who does not have a social security number (SSN).

STAFF COMMENTS

1. Need for the bill. According to the Faculty Association of California Community Colleges (FACCC), sponsors of this measure, allied health, nursing and other career education programs require students to participate in clinical placements for completion of the program. These programs require background checks and thus some form of a government identification number. Many of the programs already accept ITIN in lieu of a SSN however, its application is not uniform throughout the community college system and not currently mandated. To note, FACCC believes that the lack of consistency makes it very challenging and difficult for undocumented students to plan their careers and educational futures. This bill seeks to standardize the use of the ITIN and ensure that those students without SSN numbers can participate in career education programs.
2. Individual Tax Identification Number (ITIN). An ITIN is a tax processing identification number issued by the Internal Revenue Service that is only available for taxpayers who are ineligible to receive a social security number. According to the National Immigration Law Center, ITINs are used by undocumented immigrants and people who are lawfully present in the United States—such as certain survivors of domestic violence, Cuban and Haitian entrants, student visa-holders, and certain spouses and children of individuals with employment visas.

To obtain an ITIN, an individual must complete documentation substantiating their immigration status and identity. The documentation may be mailed, presented in person, or processed through an authorized agent. ITINs that have not been used on a federal tax return at least once in the three most recent years expire. ITINs may also expire according to a schedule determined by the date the number was issued.

1. Serving students who do not have an SSN. Staff notes that having an SSN number is not a condition for enrollment at a California community college. The state has demonstrated a willingness to invest in students who do not have an SSN and reside in California by qualifying them for state aid programs and resident tuition. Further, the legislature has authorized the use of the ITIN in the place of a SSN for individuals applying for a teaching credential and for application of other professional licenses, as outlined in the background section of this analysis. Making Individual Tax Identification Number an allowable form of identification for purposes of attaining a certificate or degree through an apprenticeship or internship appears to be consistent with those policies. Presumably, the proposed change is designed to guard against future efforts to restrict for certain California residents their ability to complete their program.

This bill has also been referred to the Committee on Public Safety, which has jurisdiction over legislation relating to criminal procedure, statutes of a penal nature and legislation relating to the Department of Corrections and Rehabilitation and can more appropriately address the bill’s provision relative to background checks.

SUPPORT

CalAsian Chamber of Commerce

California Community Colleges, Chancellor's Office

California Faculty Association

California Federation of Teachers

California Immigrant Policy Center

California State Council of Service Employees

Coalition for Humane Immigrant Rights

Faculty Association of California Community Colleges (Sponsor)

Los Angeles Community College District

Service Employees International Union

Student Senate for California Community Colleges

OPPOSITION

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 595

Author:(Medina)

As Introduced Ver:February 14, 2019

Majority vote

SUMMARY:

Authorizes a California Community College (CCC) student enrolled in a CCC class or classes, pursuant to an apprenticeship or internship training program, who lacks a social security number (SSN), to use an individual tax identification number (ITIN) for the purposes of any required background check by the class(es) or program.

Major Provisions

This measure seeks to allow the use of ITINs in lieu of SSNs (for students who are ineligible for a SSN), for the purpose of any mandatory background checks that are required for participation in a class or apprenticeship and/or internship program.

COMMENTS:

Background. Pursuant to the federal Health Insurance Portability and Accountability Act (HIPPA) of 1996, background checks are required for anyone that works in a hospital. According to the CCC Chancellor's Office, the HIPPA background check requirement includes students who need to complete certain clinical placement hours in a hospital.

To note, Committee Staff understands that other CCC apprenticeship programs, such as building trades, require a SSN and fingerprints as part of the background check for workers (including students).

Individual Tax Identification Number. An ITIN is a tax processing number issued by the Internal Revenue Service (IRS). The IRS issues ITINs to individuals who are required to have a United States (U.S.) taxpayer identification number but who do not have, and are not eligible to obtain, a SSN from the Social Security Administration.

The IRS issues ITINs to help individuals comply with U.S. tax laws, and to provide a means to efficiently process and account for tax returns and payments for those not eligible for SSNs. They are issued regardless of immigration status, because both resident and undocumented individuals may have a U.S. filing or reporting requirement under the Internal Revenue Code.

To note, ITINs do not serve any purpose other than federal tax reporting. Additionally, an ITIN does not authorize work in the U.S., provide eligibility for social security benefits, and/or qualify a dependent for Earned Income Tax Credit purposes. If undocumented individuals have not filed taxes with the IRS, an ITIN will be issued to them by the IRS provided they submit a completed Form W-7 to the IRS.

According to the Author:

"California community colleges offer a wide array of programs that require participation in an apprenticeship or internship program; however, many of these programs require students to have a valid social security number". The author contends that, "This prevents undocumented students who do not qualify for the Deferred Action for Childhood Arrivals (DACA) from entering those programs".

Arguments in Support:

According to the Faculty Association of California Community Colleges (FACCC), sponsors of this measure, no consistency exists among community college programs regarding the acceptance of undocumented students in various programs that require background checks for participation. Additionally, FACCC contends that systemwide, some CCCs accept ITINs in lieu of SSNs, other CCCs do not know if they can accept ITINS in lieu of SSNs, and still other CCCs only accept a SSN for participation.

To note, FACCC believes that the lack of consistency makes it very challenging and difficult for undocumented students to plan their careers and educational futures.

Arguments in Opposition:

There is no opposition on file.

FISCAL COMMENTS:

None. This measure is keyed non-fiscal by the Legislative Counsel.

VOTES:

ASM HIGHER EDUCATION: 11-0-1

YES: Medina, Choi, Muratsuchi, Bloom, Gabriel, Daly, Levine, Low, Patterson, Santiago, Weber

ABS, ABST, OR NV: Kiley

UPDATED:

VERSION: February 14, 2019

CONSULTANT: Jeanice Warden / HIGHER ED. / (916) 319-3960 FN: 0000060

Date of Hearing: March 19, 2019

ASSEMBLY COMMITTEE ON HIGHER EDUCATION

Jose Medina, Chair

ABPCA Bill Id:AB 595 (

Author:Medina) – As Introduced Ver:February 14, 2019

SUBJECT: Community colleges: apprenticeship programs.

SUMMARY: Authorizes a California Community College (CCC) student enrolled in a CCC class or classes, pursuant to an apprenticeship or internship training program, who lacks a social security number (SSN), to use an individual tax identification number (ITIN) for the purposes of any required background check by the class(es) or program.

EXISTING LAW:

1. Establishes the mission and function of the CCC: to offer academic and vocational instruction at the lower division level; authorizes the CCC to grant the associate in arts and the associate in science degree; and, requires the CCC to offer remedial instruction, English as a Second Language instruction, and adult noncredit instruction, and support services which help students succeed at the postsecondary level (Education Code (EC) Section 66010.4.
2. Requires the Board of Governors of the CCC to provide leadership and direction in the continuing development of the CCC as an integral and effective element in the structure of public higher education in the state. The work of the board of governors shall at all times be directed to maintaining and continuing, to the maximum degree permissible, local authority and control in the administration of the CCC (EC Section 70901, et seq.).

FISCAL EFFECT: None. This measure is keyed non-fiscal by the Legislative Counsel.

COMMENTS: Background. According to information provided by the author’s office, the CCC has an estimated 50,000 – 70,000 undocumented students. Many undocumented students do not qualify for Deferred Action for Childhood Arrivals (DACA) and with no SSN, undocumented students cannot complete the Free Application for Federal Student Aid (FAFSA); therefore, undocumented students are not eligible for any federally-funded financial aid, including loans, grants, scholarships or work-study money.

Additionally, pursuant to the federal Health Insurance Portability and Accountability Act (HIPPA) of 1996, background checks are required for anyone that works in a hospital. According to the CCC Chancellor’s Office, the HIPPA background check requirement includes students who need to complete certain clinical placement hours in a hospital.

To note, Committee Staff understands that other CCC apprenticeship programs, such as building trades, require a SSN and fingerprints as part of the background check for workers (including students).

Deferred Action for Childhood Arrivals. The DACA process is a federal process that defers removal action of an individual for a specified number of years; it allows eligible individuals to have work authorization. An undocumented student without DACA status is not authorized to work; and a growing concern exists that those with work authorization under the DACA program will soon lose their authorization as the Trump administration attempts to phase-out the program.

Need for the measure. According to the author, “California community colleges offer a wide array of programs that require participation in an apprenticeship or internship program; however, many of these programs require students to have a valid social security number”. The author contends that, “This prevents undocumented students who do not qualify for the Deferred Action for Childhood Arrivals (DACA) from entering those programs”.

This measure seeks to allow the use of ITINs in lieu of SSNs (for students who are ineligible for a SSN), for the purpose of any mandatory background checks that are required for participation in a class or apprenticeship and/or internship program.

According to the Faculty Association of California Community Colleges (FACCC), sponsors of this measure, no consistency exists among community college programs regarding the acceptance of undocumented students in various programs that require background checks for participation. Additionally, FACCC contends that systemwide, some CCCs accept ITINs in lieu of SSNs, other CCCs do not know if they can accept ITINS in lieu of SSNs, and still other CCCs only accept a SSN for participation.

To note, FACCC believes that the lack of consistency makes it very challenging and difficult for undocumented students to plan their careers and educational futures.

Individual Tax Identification Number. An ITIN is a tax processing number issued by the Internal Revenue Service (IRS). The IRS issues ITINs to individuals who are required to have a U.S. taxpayer identification number but who do not have, and are not eligible to obtain, a SSN from the Social Security Administration.

The IRS issues ITINs to help individuals comply with U.S. tax laws, and to provide a means to efficiently process and account for tax returns and payments for those not eligible for SSNs. They are issued regardless of immigration status, because both resident and undocumented individuals may have a U.S. filing or reporting requirement under the Internal Revenue Code.

To note, ITINs do not serve any purpose other than federal tax reporting. Additionally, an ITIN does not authorize work in the U.S., provide eligibility for social security benefits, and/or qualify a dependent for Earned Income Tax Credit purposes. If undocumented individuals have not filed taxes with the IRS, an ITIN will be issued to them by the IRS provided they submit a completed Form W-7 to the IRS.

Prior legislation. SB 1159 (Lara), Chapter 752, Statutes of 2014, in part, prohibited licensing boards under the California Department of Consumer Affairs from denying licensure to applicants based on their citizenship or immigration status, and required a licensing board and the State Bar of California to require, by January 1, 2016, that undocumented applicants for licensure can provide their individual ITIN in lieu of a SSN for an initial or renewal license.

REGISTERED SUPPORT / OPPOSITION:

Support

California Immigrant Policy Center

Faculty Association of California Community Colleges (Sponsor)

Service Employees International Union (SEIU California)

Opposition

None on file.

Analysis Prepared by: Jeanice Warden / HIGHER ED. / (916) 319-3960