Amended in Assembly June 18, 2014

Amended in Senate April 7, 2014

Senate Bill No. 1159

Introduced by Senator Lara

February 20, 2014

An act to amend Section 30 of the Business and Professions Code begin insert , to amend Section 17520 of the Family Code end insert , and to amend Section 19528 of the Revenue and Taxation Code, relating to professions and vocations.

LEGISLATIVE COUNSEL’S DIGEST

SB 1159, as amended, Lara. Professions and vocations: license applicants: begin delete federal end delete begin insert individual end insert tax identification number.

Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs, among other licensing bodies. Existing law requires those licensing bodies to require a licensee, at the time of issuance of the license, to provide its federal employer identification begin delete number, end delete begin insert number end insert if the licensee is a partnership, or his or her social security number for all other licensees. Existing law requires those licensing bodies to report to the Franchise Tax Board any licensee who fails to provide the federal employer identification number or social security number, and subjects the licensee to a penalty for failing to provide the information after notification, as specified.

This bill would require those licensing bodies to require an applicant other than a partnership to provide either begin delete a federal end delete begin insert an individual end insert tax identification number or social security number, if one has been issued to the applicant, and would require the licensing bodies to report to the Franchise Tax Board, and subject a licensee to a penalty, for failure to provide that information, as described above. The bill would make other conforming changes.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

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

30.  

(a) Notwithstanding any other law, any board, as defined
in Section 22, and the State Bar and the Bureau of Real Estate shall
at the time of issuance of begin delete an initial or renewal end delete begin insert the end insert license require
that the applicant provide its federal employer identification
number, if the applicant is a partnership, or the applicant’s begin delete federal end delete
begin insert individual end insert taxpayer identification number or social security number,
if one has been issued, for all other applicants.

(b)  begin delete Any applicant end delete begin insert A licensee end insert failing to provide the federal
employer identification number, or the begin delete federal end delete begin insert individual end insert taxpayer
identification number or social security number, if one has been
issued to the individual, shall be reported by the licensing board
to the Franchise Tax Board. If the begin delete applicant end delete begin insert licensee end insert fails to provide
that information after notification pursuant to paragraph (1) of
subdivision (b) of Section 19528 of the Revenue and Taxation
Code, the begin delete applicant end delete begin insert licensee end insert shall be subject to the penalty provided
in paragraph (2) of subdivision (b) of Section 19528 of the Revenue
and Taxation Code.

(c) In addition to the penalty specified in subdivision (b), a
licensing board begin delete shall end delete begin insert may end insert not process an application for an initial
license unless the applicant provides its federal employer
identification number, or begin delete federal end delete begin insert individual end insert taxpayer identification
number or social security number, if one has been issued to the
individual, where requested on the application.

(d) A licensing board shall, upon request of the Franchise Tax
Board, furnish to the Franchise Tax Board the following
information with respect to every licensee:

(1) Name.

(2) Address or addresses of record.

(3) Federal employer identification number if the licensee is a
partnership, or the licensee’s begin delete federal end delete begin insert individual end insert taxpayer
identification number or social security number, if one has been
issued to the individual, for all other licensees.

(4) Type of license.

(5) Effective date of license or a renewal.

(6) Expiration date of license.

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

(8) Whether license is new or a renewal.

(e) For the purposes of this section:

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

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

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

(f) The reports required under this section shall be filed on
magnetic media or in other machine-readable form, according to
standards furnished by the Franchise Tax Board.

(g) Licensing boards shall provide to the Franchise Tax Board
the information required by this section at a time that the Franchise
Tax Board may require.

(h) Notwithstanding Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government begin delete Code end delete begin insert Code, end insert a
federal employer identification number, begin delete federal end delete begin insert individual end insert taxpayer
identification number, or social security number furnished pursuant
to this section shall not be deemed to be a public record and shall
not be open to the public for inspection.

(i) Any deputy, agent, clerk, officer, or employee of any
licensing board described in subdivision (a), or any former officer
or employee or other individual who in the course of his or her
employment or duty has or has had access to the information
required to be furnished under this section, may not disclose or
make known in any manner that information, except as provided
in this section to the Franchise Tax Board or as provided in
subdivision (k).

(j) It is the intent of the Legislature in enacting this section to
utilize the federal employer identification number, begin delete federal end delete
begin insert individual end insert taxpayer identification number, or social security number
for the purpose of establishing the identification of persons affected
by state tax laws and for purposes of compliance with Section
17520 of the Family Code and, to that end, the information
furnished pursuant to this section shall be used exclusively for
those purposes.

(k) If the board utilizes a national examination to issue a license,
and if a reciprocity agreement or comity exists between the State
of California and the state requesting release of the begin delete federal end delete
begin insert individual end insert taxpayer identification number or social security number,
any deputy, agent, clerk, officer, or employee of any licensing
board described in subdivision (a) may release begin delete a federal end delete begin insert an
individual end insert taxpayer identification number or social security number
to an examination or licensing entity, only for the purpose of
verification of licensure or examination status.

(l) For the purposes of enforcement of Section 17520 of the
Family Code, and notwithstanding any other law, any board, as
defined in Section 22, and the State Bar and the Bureau of Real
Estate shall at the time of issuance of the license require that each
licensee provide the begin delete federal end delete begin insert individual end insert taxpayer identification
number or social security number, if any has been issued to the
licensee, of each individual listed on the license and any person
who qualifies the license. For the purposes of this subdivision,
“licensee” means any entity that is issued a license by any board,
as defined in Section 22, the State Bar, the Bureau of Real Estate,
and the Department of Motor Vehicles.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 17520 of the end insert begin insert Family Code end insert begin insert is amended to read: end insert

17520.  

(a) As used in this section:

(1) “Applicant” means any person applying for issuance or
renewal of a license.

(2) “Board” means any entity specified in Section 101 of the
Business and Professions Code, the entities referred to in Sections
1000 and 3600 of the Business and Professions Code, the State
Bar, the Bureau of Real Estate, the Department of Motor Vehicles,
the Secretary of State, the Department of Fish and Game, and any
other state commission, department, committee, examiner, or
agency that issues a license, certificate, credential, permit,
registration, or any other authorization to engage in a business,
occupation, or profession, or to the extent required by federal law
or regulations, for recreational purposes. This term includes all
boards, commissions, departments, committees, examiners, entities,
and agencies that issue a license, certificate, credential, permit,
registration, or any other authorization to engage in a business,
occupation, or profession. The failure to specifically name a
particular board, commission, department, committee, examiner,
entity, or agency that issues a license, certificate, credential, permit,
registration, or any other authorization to engage in a business,
occupation, or profession does not exclude that board, commission,
department, committee, examiner, entity, or agency from this term.

(3) “Certified list” means a list provided by the local child
support agency to the Department of Child Support Services in
which the local child support agency verifies, under penalty of
perjury, that the names contained therein are support obligors found
to be out of compliance with a judgment or order for support in a
case being enforced under Title IV-D of the Social Security Act.

(4) “Compliance with a judgment or order for support” means
that, as set forth in a judgment or order for child or family support,
the obligor is no more than 30 calendar days in arrears in making
payments in full for current support, in making periodic payments
in full, whether court ordered or by agreement with the local child
support agency, on a support arrearage, or in making periodic
payments in full, whether court ordered or by agreement with the
local child support agency, on a judgment for reimbursement for
public assistance, or has obtained a judicial finding that equitable
estoppel as provided in statute or case law precludes enforcement
of the order. The local child support agency is authorized to use
this section to enforce orders for spousal support only when the
local child support agency is also enforcing a related child support
obligation owed to the obligee parent by the same obligor, pursuant
to Sections 17400 and 17604.

(5) “License” includes membership in the State Bar, and a
certificate, credential, permit, registration, or any other
authorization issued by a board that allows a person to engage in
a business, occupation, or profession, or to operate a commercial
motor vehicle, including appointment and commission by the
Secretary of State as a notary public. “License” also includes any
driver’s license issued by the Department of Motor Vehicles, any
commercial fishing license issued by the Department of Fish and
Game, and to the extent required by federal law or regulations,
any license used for recreational purposes. This term includes all
licenses, certificates, credentials, permits, registrations, or any
other authorization issued by a board that allows a person to engage
in a business, occupation, or profession. The failure to specifically
name a particular type of license, certificate, credential, permit,
registration, or other authorization issued by a board that allows
a person to engage in a business, occupation, or profession, does
not exclude that license, certificate, credential, permit, registration,
or other authorization from this term.

(6) “Licensee” means any person holding a license, certificate,
credential, permit, registration, or other authorization issued by a
board, to engage in a business, occupation, or profession, or a
commercial driver’s license as defined in Section 15210 of the
Vehicle Code, including an appointment and commission by the
Secretary of State as a notary public. “Licensee” also means any
person holding a driver’s license issued by the Department of
Motor Vehicles, any person holding a commercial fishing license
issued by the Department of Fish and Game, and to the extent
required by federal law or regulations, any person holding a license
used for recreational purposes. This term includes all persons
holding a license, certificate, credential, permit, registration, or
any other authorization to engage in a business, occupation, or
profession, and the failure to specifically name a particular type
of license, certificate, credential, permit, registration, or other
authorization issued by a board does not exclude that person from
this term. For licenses issued to an entity that is not an individual
person, “licensee” includes any individual who is either listed on
the license or who qualifies for the license.

(b) The local child support agency shall maintain a list of those
persons included in a case being enforced under Title IV-D of the
Social Security Act against whom a support order or judgment has
been rendered by, or registered in, a court of this state, and who
are not in compliance with that order or judgment. The local child
support agency shall submit a certified list with the names, social
security numbers, and last known addresses of these persons and
the name, address, and telephone number of the local child support
agency who certified the list to the department. The local child
support agency shall verify, under penalty of perjury, that the
persons listed are subject to an order or judgment for the payment
of support and that these persons are not in compliance with the
order or judgment. The local child support agency shall submit to
the department an updated certified list on a monthly basis.

(c) The department shall consolidate the certified lists received
from the local child support agencies and, within 30 calendar days
of receipt, shall provide a copy of the consolidated list to each
board that is responsible for the regulation of licenses, as specified
in this section.

(d) On or before November 1, 1992, or as soon thereafter as
economically feasible, as determined by the department, all boards
subject to this section shall implement procedures to accept and
process the list provided by the department, in accordance with
this section. Notwithstanding any other law, all boards shall collect
social security numbers begin insert or individual taxpayer identification
numbers, if they have been issued, end insert from all applicants for the
purposes of matching the names of the certified list provided by
the department to applicants and licensees and of responding to
requests for this information made by child support agencies.

(e) (1) Promptly after receiving the certified consolidated list
from the department, and prior to the issuance or renewal of a
license, each board shall determine whether the applicant is on the
most recent certified consolidated list provided by the department.
The board shall have the authority to withhold issuance or renewal
of the license of any applicant on the list.

(2) If an applicant is on the list, the board shall immediately
serve notice as specified in subdivision (f) on the applicant of the
board’s intent to withhold issuance or renewal of the license. The
notice shall be made personally or by mail to the applicant’s last
known mailing address on file with the board. Service by mail
shall be complete in accordance with Section 1013 of the Code of
Civil Procedure.

(A) The board shall issue a temporary license valid for a period
of 150 days to any applicant whose name is on the certified list if
the applicant is otherwise eligible for a license.

(B) Except as provided in subparagraph (D), the 150-day time
period for a temporary license shall not be extended. Except as
provided in subparagraph (D), only one temporary license shall
be issued during a regular license term and it shall coincide with
the first 150 days of that license term. As this paragraph applies
to commercial driver’s licenses, “license term” shall be deemed
to be 12 months from the date the application fee is received by
the Department of Motor Vehicles. A license for the full or
remainder of the license term shall be issued or renewed only upon
compliance with this section.

(C) In the event that a license or application for a license or the
renewal of a license is denied pursuant to this section, any funds
paid by the applicant or licensee shall not be refunded by the board.

(D) This paragraph shall apply only in the case of a driver’s
license, other than a commercial driver’s license. Upon the request
of the local child support agency or by order of the court upon a
showing of good cause, the board shall extend a 150-day temporary
license for a period not to exceed 150 extra days.

(3) (A) The department may, when it is economically feasible
for the department and the boards to do so as determined by the
department, in cases where the department is aware that certain
child support obligors listed on the certified lists have been out of
compliance with a judgment or order for support for more than
four months, provide a supplemental list of these obligors to each
board with which the department has an interagency agreement to
implement this paragraph. Upon request by the department, the
licenses of these obligors shall be subject to suspension, provided
that the licenses would not otherwise be eligible for renewal within
six months from the date of the request by the department. The
board shall have the authority to suspend the license of any licensee
on this supplemental list.

(B) If a licensee is on a supplemental list, the board shall
immediately serve notice as specified in subdivision (f) on the
licensee that his or her license will be automatically suspended
150 days after notice is served, unless compliance with this section
is achieved. The notice shall be made personally or by mail to the
licensee’s last known mailing address on file with the board.
Service by mail shall be complete in accordance with Section 1013
of the Code of Civil Procedure.

(C) The 150-day notice period shall not be extended.

(D) In the event that any license is suspended pursuant to this
section, any funds paid by the licensee shall not be refunded by
the board.

(E) This paragraph shall not apply to licenses subject to annual
renewal or annual fee.

(f) Notices shall be developed by each board in accordance with
guidelines provided by the department and subject to approval by
the department. The notice shall include the address and telephone
number of the local child support agency that submitted the name
on the certified list, and shall emphasize the necessity of obtaining
a release from that local child support agency as a condition for
the issuance, renewal, or continued valid status of a license or
licenses.

(1) In the case of applicants not subject to paragraph (3) of
subdivision (e), the notice shall inform the applicant that the board
shall issue a temporary license, as provided in subparagraph (A)
of paragraph (2) of subdivision (e), for 150 calendar days if the
applicant is otherwise eligible and that upon expiration of that time
period the license will be denied unless the board has received a
release from the local child support agency that submitted the name
on the certified list.

(2) In the case of licensees named on a supplemental list, the
notice shall inform the licensee that his or her license will continue
in its existing status for no more than 150 calendar days from the
date of mailing or service of the notice and thereafter will be
suspended indefinitely unless, during the 150-day notice period,
the board has received a release from the local child support agency
that submitted the name on the certified list. Additionally, the
notice shall inform the licensee that any license suspended under
this section will remain so until the expiration of the remaining
license term, unless the board receives a release along with
applications and fees, if applicable, to reinstate the license during
the license term.

(3) The notice shall also inform the applicant or licensee that if
an application is denied or a license is suspended pursuant to this
section, any funds paid by the applicant or licensee shall not be
refunded by the board. The Department of Child Support Services
shall also develop a form that the applicant shall use to request a
review by the local child support agency. A copy of this form shall
be included with every notice sent pursuant to this subdivision.

(g) (1) Each local child support agency shall maintain review
procedures consistent with this section to allow an applicant to
have the underlying arrearage and any relevant defenses
investigated, to provide an applicant information on the process
of obtaining a modification of a support order, or to provide an
applicant assistance in the establishment of a payment schedule
on arrearages if the circumstances so warrant.

(2) It is the intent of the Legislature that a court or local child
support agency, when determining an appropriate payment schedule
for arrearages, base its decision on the facts of the particular case
and the priority of payment of child support over other debts. The
payment schedule shall also recognize that certain expenses may
be essential to enable an obligor to be employed. Therefore, in
reaching its decision, the court or the local child support agency
shall consider both of these goals in setting a payment schedule
for arrearages.

(h) If the applicant wishes to challenge the submission of his
or her name on the certified list, the applicant shall make a timely
written request for review to the local child support agency who
certified the applicant’s name. A request for review pursuant to
this section shall be resolved in the same manner and timeframe
provided for resolution of a complaint pursuant to Section 17800.
The local child support agency shall immediately send a release
to the appropriate board and the applicant, if any of the following
conditions are met:

(1) The applicant is found to be in compliance or negotiates an
agreement with the local child support agency for a payment
schedule on arrearages or reimbursement.

(2) The applicant has submitted a request for review, but the
local child support agency will be unable to complete the review
and send notice of its findings to the applicant within the time
specified in Section 17800.

(3) The applicant has filed and served a request for judicial
review pursuant to this section, but a resolution of that review will
not be made within 150 days of the date of service of notice
pursuant to subdivision (f). This paragraph applies only if the delay
in completing the judicial review process is not the result of the
applicant’s failure to act in a reasonable, timely, and diligent
manner upon receiving the local child support agency’s notice of
findings.

(4) The applicant has obtained a judicial finding of compliance
as defined in this section.

(i) An applicant is required to act with diligence in responding
to notices from the board and the local child support agency with
the recognition that the temporary license will lapse or the license
suspension will go into effect after 150 days and that the local
child support agency and, where appropriate, the court must have
time to act within that period. An applicant’s delay in acting,
without good cause, which directly results in the inability of the
local child support agency to complete a review of the applicant’s
request or the court to hear the request for judicial review within
the 150-day period shall not constitute the diligence required under
this section which would justify the issuance of a release.

(j) Except as otherwise provided in this section, the local child
support agency shall not issue a release if the applicant is not in
compliance with the judgment or order for support. The local child
support agency shall notify the applicant in writing that the
applicant may, by filing an order to show cause or notice of motion,
request any or all of the following:

(1) Judicial review of the local child support agency’s decision
not to issue a release.

(2) A judicial determination of compliance.

(3) A modification of the support judgment or order.

The notice shall also contain the name and address of the court
in which the applicant shall file the order to show cause or notice
of motion and inform the applicant that his or her name shall
remain on the certified list if the applicant does not timely request
judicial review. The applicant shall comply with all statutes and
rules of court regarding orders to show cause and notices of motion.

This section shall not be deemed to limit an applicant from filing
an order to show cause or notice of motion to modify a support
judgment or order or to fix a payment schedule on arrearages
accruing under a support judgment or order or to obtain a court
finding of compliance with a judgment or order for support.

(k) The request for judicial review of the local child support
agency’s decision shall state the grounds for which review is
requested and judicial review shall be limited to those stated
grounds. The court shall hold an evidentiary hearing within 20
calendar days of the filing of the request for review. Judicial review
of the local child support agency’s decision shall be limited to a
determination of each of the following issues:

(1) Whether there is a support judgment, order, or payment
schedule on arrearages or reimbursement.

(2) Whether the petitioner is the obligor covered by the support
judgment or order.

(3) Whether the support obligor is or is not in compliance with
the judgment or order of support.

(4) (A) The extent to which the needs of the obligor, taking
into account the obligor’s payment history and the current
circumstances of both the obligor and the obligee, warrant a
conditional release as described in this subdivision.

(B) The request for judicial review shall be served by the
applicant upon the local child support agency that submitted the
applicant’s name on the certified list within seven calendar days
of the filing of the petition. The court has the authority to uphold
the action, unconditionally release the license, or conditionally
release the license.

(C) If the judicial review results in a finding by the court that
the obligor is in compliance with the judgment or order for support,
the local child support agency shall immediately send a release in
accordance with subdivision (l) to the appropriate board and the
applicant. If the judicial review results in a finding by the court
that the needs of the obligor warrant a conditional release, the court
shall make findings of fact stating the basis for the release and the
payment necessary to satisfy the unrestricted issuance or renewal
of the license without prejudice to a later judicial determination
of the amount of support arrearages, including interest, and shall
specify payment terms, compliance with which are necessary to
allow the release to remain in effect.

(l) The department shall prescribe release forms for use by local
child support agencies. When the obligor is in compliance, the
local child support agency shall mail to the applicant and the
appropriate board a release stating that the applicant is in
compliance. The receipt of a release shall serve to notify the
applicant and the board that, for the purposes of this section, the
applicant is in compliance with the judgment or order for support.
Any board that has received a release from the local child support
agency pursuant to this subdivision shall process the release within
five business days of its receipt.

If the local child support agency determines subsequent to the
issuance of a release that the applicant is once again not in
compliance with a judgment or order for support, or with the terms
of repayment as described in this subdivision, the local child
support agency may notify the board, the obligor, and the
department in a format prescribed by the department that the
obligor is not in compliance.

The department may, when it is economically feasible for the
department and the boards to develop an automated process for
complying with this subdivision, notify the boards in a manner
prescribed by the department, that the obligor is once again not in
compliance. Upon receipt of this notice, the board shall
immediately notify the obligor on a form prescribed by the
department that the obligor’s license will be suspended on a
specific date, and this date shall be no longer than 30 days from
the date the form is mailed. The obligor shall be further notified
that the license will remain suspended until a new release is issued
in accordance with subdivision (h). Nothing in this section shall
be deemed to limit the obligor from seeking judicial review of
suspension pursuant to the procedures described in subdivision
(k).

(m) The department may enter into interagency agreements with
the state agencies that have responsibility for the administration
of boards necessary to implement this section, to the extent that it
is cost effective to implement this section. These agreements shall
provide for the receipt by the other state agencies and boards of
federal funds to cover that portion of costs allowable in federal
law and regulation and incurred by the state agencies and boards
in implementing this section. Notwithstanding any other provision
of law, revenue generated by a board or state agency shall be used
to fund the nonfederal share of costs incurred pursuant to this
section. These agreements shall provide that boards shall reimburse
the department for the nonfederal share of costs incurred by the
department in implementing this section. The boards shall
reimburse the department for the nonfederal share of costs incurred
pursuant to this section from moneys collected from applicants
and licensees.

(n) Notwithstanding any other law, in order for the boards
subject to this section to be reimbursed for the costs incurred in
administering its provisions, the boards may, with the approval of
the appropriate department director, levy on all licensees and
applicants a surcharge on any fee or fees collected pursuant to law,
or, alternatively, with the approval of the appropriate department
director, levy on the applicants or licensees named on a certified
list or supplemental list, a special fee.

(o) The process described in subdivision (h) shall constitute the
sole administrative remedy for contesting the issuance of a
temporary license or the denial or suspension of a license under
this section. The procedures specified in the administrative
adjudication provisions of the Administrative Procedure Act
(Chapter 4.5 (commencing with Section 11400) and Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title
2 of the Government Code) shall not apply to the denial,
suspension, or failure to issue or renew a license or the issuance
of a temporary license pursuant to this section.

(p) In furtherance of the public policy of increasing child support
enforcement and collections, on or before November 1, 1995, the
State Department of Social Services shall make a report to the
Legislature and the Governor based on data collected by the boards
and the district attorneys in a format prescribed by the State
Department of Social Services. The report shall contain all of the
following:

(1) The number of delinquent obligors certified by district
attorneys under this section.

(2) The number of support obligors who also were applicants
or licensees subject to this section.

(3) The number of new licenses and renewals that were delayed,
temporary licenses issued, and licenses suspended subject to this
section and the number of new licenses and renewals granted and
licenses reinstated following board receipt of releases as provided
by subdivision (h) by May 1, 1995.

(4) The costs incurred in the implementation and enforcement
of this section.

(q) Any board receiving an inquiry as to the licensed status of
an applicant or licensee who has had a license denied or suspended
under this section or has been granted a temporary license under
this section shall respond only that the license was denied or
suspended or the temporary license was issued pursuant to this
section. Information collected pursuant to this section by any state
agency, board, or department shall be subject to the Information
Practices Act of 1977 (Chapter 1 (commencing with Section 1798)
of Title 1.8 of Part 4 of Division 3 of the Civil Code).

(r) Any rules and regulations issued pursuant to this section by
any state agency, board, or department may be adopted as
emergency regulations in accordance with the rulemaking
provisions of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code). The adoption of these regulations
shall be deemed an emergency and necessary for the immediate
preservation of the public peace, health, and safety, or general
welfare. The regulations shall become effective immediately upon
filing with the Secretary of State.

(s) The department and boards, as appropriate, shall adopt
regulations necessary to implement this section.

(t) The Judicial Council shall develop the forms necessary to
implement this section, except as provided in subdivisions (f) and
(l).

(u) The release or other use of information received by a board
pursuant to this section, except as authorized by this section, is
punishable as a misdemeanor.

(v) The State Board of Equalization shall enter into interagency
agreements with the department and the Franchise Tax Board that
will require the department and the Franchise Tax Board to
maximize the use of information collected by the State Board of
Equalization, for child support enforcement purposes, to the extent
it is cost effective and permitted by the Revenue and Taxation
Code.

(w) (1) The suspension or revocation of any driver’s license,
including a commercial driver’s license, under this section shall
not subject the licensee to vehicle impoundment pursuant to Section
14602.6 of the Vehicle Code.

(2) Notwithstanding any other law, the suspension or revocation
of any driver’s license, including a commercial driver’s license,
under this section shall not subject the licensee to increased costs
for vehicle liability insurance.

(x) If any provision of this section or the application thereof to
any person or circumstance is held invalid, that invalidity shall not
affect other provisions or applications of this section which can
be given effect without the invalid provision or application, and
to this end the provisions of this section are severable.

(y) All rights to administrative and judicial review afforded by
this section to an applicant shall also be afforded to a licensee.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Section 19528 of the Revenue and Taxation Code is
amended to read:

19528.  

(a) Notwithstanding any other law, the Franchise Tax
Board may require any board, as defined in Section 22 of the
Business and Professions Code, and the State Bar, the Bureau of
Real Estate, and the Insurance Commissioner (hereinafter referred
to as licensing board) to provide to the Franchise Tax Board the
following information with respect to every licensee:

(1) Name.

(2) Address or addresses of record.

(3) Federal employer identification number, if the licensee is a
partnership, or the licensee’s begin delete federal end delete begin insert individual end insert taxpayer
identification number or social security number, if any has been
issued, of all other licensees.

(4) Type of license.

(5) Effective date of license or renewal.

(6) Expiration date of license.

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

(8) Whether license is new or renewal.

(b) The Franchise Tax Board may do the following:

(1) Send a notice to any licensee failing to provide the federal
employer identification number, begin delete federal end delete begin insert individual end insert taxpayer
identification number, or social security number as required by
subdivision (a) of Section 30 of the Business and Professions Code
and subdivision (a) of Section 1666.5 of the Insurance Code,
describing the information that was missing, the penalty associated
with not providing it, and that failure to provide the information
within 30 days will result in the assessment of the penalty.

(2) After 30 days following the issuance of the notice described
in paragraph (1), assess a one-hundred-dollar ($100) penalty, due
and payable upon notice and demand, for any licensee failing to
provide either its federal employer identification number (if the
licensee is a partnership) or his or her social security number (for
all others) as required in Section 30 of the Business and Professions
Code and Section 1666.5 of the Insurance Code.

(c) Notwithstanding Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code, the
information furnished to the Franchise Tax Board pursuant to
Section 30 of the Business and Professions Code or Section 1666.5
of the Insurance Code shall not be deemed to be a public record
and shall not be open to the public for inspection.