Amended in Assembly June 30, 2014

Amended in Assembly June 18, 2014

Amended in Senate April 7, 2014

Senate BillNo. 1159


Introduced by Senator Lara

February 20, 2014


An act to amend Section 30 of the Business and Professions Code, to amend Section 17520 of the Family Code, 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: individual 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 number 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 an individual 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:

P2    1

SECTION 1.  

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

3

30.  

(a) Notwithstanding any other law, any board, as defined
4in Section 22, and the State Bar and the Bureau of Real Estate shall
5at the time of issuance of the license require that the applicant
6provide its federal employer identification number, if the applicant
7is a partnership, or the applicant’s individual taxpayer identification
8number or social security number, if one has been issued, for all
9other applicants.

10(b) A licensee failing to provide the federal employer
11identification number, or the individual taxpayer identification
12number or social security number, if one has been issued to the
13individual, shall be reported by the licensing board to the Franchise
14Tax Board. If the licensee fails to provide that information after
15notification pursuant to paragraph (1) of subdivision (b) of Section
1619528 of the Revenue and Taxation Code, the licensee shall be
17subject to the penalty provided in paragraph (2) of subdivision (b)
18of Section 19528 of the Revenue and Taxation Code.

19(c) In addition to the penalty specified in subdivision (b), a
20licensing board may not process an application for an initial license
21unless the applicant provides its federal employer identification
22number, or individual taxpayer identification number or social
23security number, if one has been issued to the individual, where
24requested on the application.

25(d) A licensing board shall, upon request of the Franchise Tax
26Board, furnish to the Franchise Tax Board the following
27information with respect to every licensee:

28(1) Name.

29(2) Address or addresses of record.

30(3) Federal employer identification number if the licensee is a
31partnership, or the licensee’s individual taxpayer identification
P3    1number or social security number, if one has been issued to the
2individual, for all other licensees.

3(4) Type of license.

4(5) Effective date of license or a renewal.

5(6) Expiration date of license.

6(7) Whether license is active or inactive, if known.

7(8) Whether license is new or a renewal.

8(e) For the purposes of this section:

9(1) “Licensee” means a person or entity, other than a
10corporation, authorized by a license, certificate, registration, or
11other means to engage in a business or profession regulated by
12this code or referred to in Section 1000 or 3600.

13(2) “License” includes a certificate, registration, or any other
14authorization needed to engage in a business or profession
15regulated by this code or referred to in Section 1000 or 3600.

16(3) “Licensing board” means any board, as defined in Section
1722, the State Bar, and the Bureau of Real Estate.

18(f) The reports required under this section shall be filed on
19magnetic media or in other machine-readable form, according to
20standards furnished by the Franchise Tax Board.

21(g) Licensing boards shall provide to the Franchise Tax Board
22the information required by this section at a time that the Franchise
23Tax Board may require.

24(h) Notwithstanding Chapter 3.5 (commencing with Section
256250) of Division 7 of Title 1 of the Government Code, a federal
26employer identification number, individual taxpayer identification
27number, or social security number furnished pursuant to this section
28shall not be deemed to be a public record and shall not be open to
29the public for inspection.

30(i) Any deputy, agent, clerk, officer, or employee of any
31licensing board described in subdivision (a), or any former officer
32or employee or other individual who in the course of his or her
33employment or duty has or has had access to the information
34required to be furnished under this section, may not disclose or
35make known in any manner that information, except as provided
36in this section to the Franchise Tax Board or as provided in
37subdivision (k).

38(j) It is the intent of the Legislature in enacting this section to
39utilize the federal employer identification number, individual
40taxpayer identification number, or social security number for the
P4    1purpose of establishing the identification of persons affected by
2state tax laws and for purposes of compliance with Section 17520
3of the Family Code and, to that end, the information furnished
4 pursuant to this section shall be used exclusively for those
5purposes.

6(k) If the board utilizes a national examination to issue a license,
7and if a reciprocity agreement or comity exists between the State
8of California and the state requesting release of the individual
9taxpayer identification number or social security number, any
10deputy, agent, clerk, officer, or employee of any licensing board
11described in subdivision (a) may release an individual taxpayer
12identification number or social security number to an examination
13or licensing entity, only for the purpose of verification of licensure
14or examination status.

15(l) For the purposes of enforcement of Section 17520 of the
16Family Code, and notwithstanding any other law, any board, as
17defined in Section 22, and the State Bar and the Bureau of Real
18Estate shall at the time of issuance of the license require that each
19licensee provide the individual taxpayer identification number or
20social security number, if any has been issued to the licensee, of
21each individual listed on the license and any person who qualifies
22the license. For the purposes of this subdivision, “licensee” means
23any entity that is issued a license by any board, as defined in
24Section 22, the State Bar, the Bureau of Real Estate, and the
25Department of Motor Vehicles.

26

SEC. 2.  

Section 17520 of the Family Code is amended to read:

27

17520.  

(a) As used in this section:

28(1) “Applicant” means any person applying for issuance or
29renewal of a license.

30(2) “Board” means any entity specified in Section 101 of the
31Business and Professions Code, the entities referred to in Sections
321000 and 3600 of the Business and Professions Code, the State
33Bar, the Bureau of Real Estate, the Department of Motor Vehicles,
34the Secretary of State, the Department of Fish and Game, and any
35other state commission, department, committee, examiner, or
36agency that issues a license, certificate, credential, permit,
37registration, or any other authorization to engage in a business,
38occupation, or profession, or to the extent required by federal law
39or regulations, for recreational purposes. This term includes all
40boards, commissions, departments, committees, examiners, entities,
P5    1and agencies that issue a license, certificate, credential, permit,
2registration, or any other authorization to engage in a business,
3occupation, or profession. The failure to specifically name a
4particular board, commission, department, committee, examiner,
5entity, or agency that issues a license, certificate, credential, permit,
6registration, or any other authorization to engage in a business,
7occupation, or profession does not exclude that board, commission,
8department, committee, examiner, entity, or agency from this term.

9(3) “Certified list” means a list provided by the local child
10support agency to the Department of Child Support Services in
11which the local child support agency verifies, under penalty of
12perjury, that the names contained therein are support obligors found
13to be out of compliance with a judgment or order for support in a
14case being enforced under Title IV-D of the Social Security Act.

15(4) “Compliance with a judgment or order for support” means
16that, as set forth in a judgment or order for child or family support,
17the obligor is no more than 30 calendar days in arrears in making
18payments in full for current support, in making periodic payments
19in full, whether court ordered or by agreement with the local child
20support agency, on a support arrearage, or in making periodic
21payments in full, whether court ordered or by agreement with the
22local child support agency, on a judgment for reimbursement for
23public assistance, or has obtained a judicial finding that equitable
24estoppel as provided in statute or case law precludes enforcement
25of the order. The local child support agency is authorized to use
26this section to enforce orders for spousal support only when the
27local child support agency is also enforcing a related child support
28obligation owed to the obligee parent by the same obligor, pursuant
29to Sections 17400 and 17604.

30(5) “License” includes membership in the State Bar, and a
31certificate, credential, permit, registration, or any other
32authorization issued by a board that allows a person to engage in
33a business, occupation, or profession, or to operate a commercial
34motor vehicle, including appointment and commission by the
35Secretary of State as a notary public. “License” also includes any
36driver’s license issued by the Department of Motor Vehicles, any
37commercial fishing license issued by the Department of Fish and
38Game, and to the extent required by federal law or regulations,
39any license used for recreational purposes. This term includes all
40licenses, certificates, credentials, permits, registrations, or any
P6    1other authorization issued by a board that allows a person to engage
2in a business, occupation, or profession. The failure to specifically
3name a particular type of license, certificate, credential, permit,
4registration, or other authorization issued by a board that allows
5a person to engage in a business, occupation, or profession, does
6not exclude that license, certificate, credential, permit, registration,
7or other authorization from this term.

8(6) “Licensee” means any person holding a license, certificate,
9credential, permit, registration, or other authorization issued by a
10board, to engage in a business, occupation, or profession, or a
11commercial driver’s license as defined in Section 15210 of the
12Vehicle Code, including an appointment and commission by the
13Secretary of State as a notary public. “Licensee” also means any
14person holding a driver’s license issued by the Department of
15Motor Vehicles, any person holding a commercial fishing license
16issued by the Department of Fish and Game, and to the extent
17required by federal law or regulations, any person holding a license
18used for recreational purposes. This term includes all persons
19holding a license, certificate, credential, permit, registration, or
20any other authorization to engage in a business, occupation, or
21profession, and the failure to specifically name a particular type
22of license, certificate, credential, permit, registration, or other
23authorization issued by a board does not exclude that person from
24this term. For licenses issued to an entity that is not an individual
25person, “licensee” includes any individual who is either listed on
26the license or who qualifies for the license.

27(b) The local child support agency shall maintain a list of those
28persons included in a case being enforced under Title IV-D of the
29Social Security Act against whom a support order or judgment has
30been rendered by, or registered in, a court of this state, and who
31are not in compliance with that order or judgment. The local child
32support agency shall submit a certified list with the names, social
33security numbers, and last known addresses of these persons and
34the name, address, and telephone number of the local child support
35agency who certified the list to the department. The local child
36support agency shall verify, under penalty of perjury, that the
37persons listed are subject to an order or judgment for the payment
38of support and that these persons are not in compliance with the
39order or judgment. The local child support agency shall submit to
40the department an updated certified list on a monthly basis.

P7    1(c) The department shall consolidate the certified lists received
2from the local child support agencies and, within 30 calendar days
3of receipt, shall provide a copy of the consolidated list to each
4board that is responsible for the regulation of licenses, as specified
5in this section.

6(d) On or before November 1, 1992, or as soon thereafter as
7economically feasible, as determined by the department, all boards
8subject to this section shall implement procedures to accept and
9process the list provided by the department, in accordance with
10this section. Notwithstanding any other law, all boards shall collect
11social security numbers or individual taxpayer identification
12numbers, if they have been issued, from all applicants for the
13purposes of matching the names of the certified list provided by
14the department to applicants and licensees and of responding to
15requests for this information made by child support agencies.

16(e) (1) Promptly after receiving the certified consolidated list
17from the department, and prior to the issuance or renewal of a
18license, each board shall determine whether the applicant is on the
19most recent certified consolidated list provided by the department.
20The board shall have the authority to withhold issuance or renewal
21of the license of any applicant on the list.

22(2) If an applicant is on the list, the board shall immediately
23serve notice as specified in subdivision (f) on the applicant of the
24board’s intent to withhold issuance or renewal of the license. The
25notice shall be made personally or by mail to the applicant’s last
26known mailing address on file with the board. Service by mail
27shall be complete in accordance with Section 1013 of the Code of
28Civil Procedure.

29(A) The board shall issue a temporary license valid for a period
30of 150 days to any applicant whose name is on the certified list if
31the applicant is otherwise eligible for a license.

32(B) Except as provided in subparagraph (D), the 150-day time
33period for a temporary license shall not be extended. Except as
34provided in subparagraph (D), only one temporary license shall
35be issued during a regular license term and it shall coincide with
36the first 150 days of that license term. As this paragraph applies
37to commercial driver’s licenses, “license term” shall be deemed
38to be 12 months from the date the application fee is received by
39the Department of Motor Vehicles. A license for the full or
P8    1remainder of the license term shall be issued or renewed only upon
2compliance with this section.

3(C) In the event that a license or application for a license or the
4renewal of a license is denied pursuant to this section, any funds
5paid by the applicant or licensee shall not be refunded by the board.

6(D) This paragraph shall apply only in the case of a driver’s
7license, other than a commercial driver’s license. Upon the request
8of the local child support agency or by order of the court upon a
9showing of good cause, the board shall extend a 150-day temporary
10license for a period not to exceed 150 extra days.

11(3) (A) The department may, when it is economically feasible
12for the department and the boards to do so as determined by the
13department, in cases where the department is aware that certain
14child support obligors listed on the certified lists have been out of
15compliance with a judgment or order for support for more than
16four months, provide a supplemental list of these obligors to each
17board with which the department has an interagency agreement to
18implement this paragraph. Upon request by the department, the
19licenses of these obligors shall be subject to suspension, provided
20that the licenses would not otherwise be eligible for renewal within
21six months from the date of the request by the department. The
22board shall have the authority to suspend the license of any licensee
23on this supplemental list.

24(B) If a licensee is on a supplemental list, the board shall
25immediately serve notice as specified in subdivision (f) on the
26licensee that his or her license will be automatically suspended
27150 days after notice is served, unless compliance with this section
28is achieved. The notice shall be made personally or by mail to the
29licensee’s last known mailing address on file with the board.
30Service by mail shall be complete in accordance with Section 1013
31of the Code of Civil Procedure.

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

33(D) In the event that any license is suspended pursuant to this
34section, any funds paid by the licensee shall not be refunded by
35the board.

36(E) This paragraph shall not apply to licenses subject to annual
37renewal or annual fee.

38(f) Notices shall be developed by each board in accordance with
39guidelines provided by the department and subject to approval by
40the department. The notice shall include the address and telephone
P9    1number of the local child support agency that submitted the name
2on the certified list, and shall emphasize the necessity of obtaining
3a release from that local child support agency as a condition for
4the issuance, renewal, or continued valid status of a license or
5licenses.

6(1) In the case of applicants not subject to paragraph (3) of
7subdivision (e), the notice shall inform the applicant that the board
8shall issue a temporary license, as provided in subparagraph (A)
9of paragraph (2) of subdivision (e), for 150 calendar days if the
10applicant is otherwise eligible and that upon expiration of that time
11period the license will be denied unless the board has received a
12release from the local child support agency that submitted the name
13on the certified list.

14(2) In the case of licensees named on a supplemental list, the
15notice shall inform the licensee that his or her license will continue
16in its existing status for no more than 150 calendar days from the
17date of mailing or service of the notice and thereafter will be
18suspended indefinitely unless, during the 150-day notice period,
19the board has received a release from the local child support agency
20that submitted the name on the certified list. Additionally, the
21notice shall inform the licensee that any license suspended under
22this section will remain so until the expiration of the remaining
23license term, unless the board receives a release along with
24applications and fees, if applicable, to reinstate the license during
25the license term.

26(3) The notice shall also inform the applicant or licensee that if
27an application is denied or a license is suspended pursuant to this
28section, any funds paid by the applicant or licensee shall not be
29refunded by the board. The Department of Child Support Services
30shall also develop a form that the applicant shall use to request a
31review by the local child support agency. A copy of this form shall
32be included with every notice sent pursuant to this subdivision.

33(g) (1) Each local child support agency shall maintain review
34procedures consistent with this section to allow an applicant to
35have the underlying arrearage and any relevant defenses
36investigated, to provide an applicant information on the process
37of obtaining a modification of a support order, or to provide an
38applicant assistance in the establishment of a payment schedule
39on arrearages if the circumstances so warrant.

P10   1(2) It is the intent of the Legislature that a court or local child
2support agency, when determining an appropriate payment schedule
3for arrearages, base its decision on the facts of the particular case
4and the priority of payment of child support over other debts. The
5payment schedule shall also recognize that certain expenses may
6be essential to enable an obligor to be employed. Therefore, in
7reaching its decision, the court or the local child support agency
8shall consider both of these goals in setting a payment schedule
9for arrearages.

10(h) If the applicant wishes to challenge the submission of his
11or her name on the certified list, the applicant shall make a timely
12written request for review to the local child support agency who
13certified the applicant’s name. A request for review pursuant to
14this section shall be resolved in the same manner and timeframe
15provided for resolution of a complaint pursuant to Section 17800.
16The local child support agency shall immediately send a release
17to the appropriate board and the applicant, if any of the following
18conditions are met:

19(1) The applicant is found to be in compliance or negotiates an
20agreement with the local child support agency for a payment
21schedule on arrearages or reimbursement.

22(2) The applicant has submitted a request for review, but the
23local child support agency will be unable to complete the review
24and send notice of its findings to the applicant within the time
25specified in Section 17800.

26(3) The applicant has filed and served a request for judicial
27review pursuant to this section, but a resolution of that review will
28not be made within 150 days of the date of service of notice
29pursuant to subdivision (f). This paragraph applies only if the delay
30in completing the judicial review process is not the result of the
31applicant’s failure to act in a reasonable, timely, and diligent
32manner upon receiving the local child support agency’s notice of
33findings.

34(4) The applicant has obtained a judicial finding of compliance
35as defined in this section.

36(i) An applicant is required to act with diligence in responding
37to notices from the board and the local child support agency with
38the recognition that the temporary license will lapse or the license
39suspension will go into effect after 150 days and that the local
40child support agency and, where appropriate, the court must have
P11   1time to act within that period. An applicant’s delay in acting,
2without good cause, which directly results in the inability of the
3local child support agency to complete a review of the applicant’s
4request or the court to hear the request for judicial review within
5the 150-day period shall not constitute the diligence required under
6this section which would justify the issuance of a release.

7(j) Except as otherwise provided in this section, the local child
8support agency shall not issue a release if the applicant is not in
9compliance with the judgment or order for support. The local child
10support agency shall notify the applicant in writing that the
11applicant may, by filing an order to show cause or notice of motion,
12request any or all of the following:

13(1) Judicial review of the local child support agency’s decision
14not to issue a release.

15(2) A judicial determination of compliance.

16(3) A modification of the support judgment or order.

17The notice shall also contain the name and address of the court
18in which the applicant shall file the order to show cause or notice
19of motion and inform the applicant that his or her name shall
20remain on the certified list if the applicant does not timely request
21judicial review. The applicant shall comply with all statutes and
22rules of court regarding orders to show cause and notices of motion.

23This section shall not be deemed to limit an applicant from filing
24an order to show cause or notice of motion to modify a support
25judgment or order or to fix a payment schedule on arrearages
26accruing under a support judgment or order or to obtain a court
27finding of compliance with a judgment or order for support.

28(k) The request for judicial review of the local child support
29agency’s decision shall state the grounds for which review is
30requested and judicial review shall be limited to those stated
31grounds. The court shall hold an evidentiary hearing within 20
32calendar days of the filing of the request for review. Judicial review
33of the local child support agency’s decision shall be limited to a
34determination of each of the following issues:

35(1) Whether there is a support judgment, order, or payment
36schedule on arrearages or reimbursement.

37(2) Whether the petitioner is the obligor covered by the support
38judgment or order.

39(3) Whether the support obligor is or is not in compliance with
40the judgment or order of support.

P12   1(4) (A) The extent to which the needs of the obligor, taking
2into account the obligor’s payment history and the current
3circumstances of both the obligor and the obligee, warrant a
4conditional release as described in this subdivision.

5(B) The request for judicial review shall be served by the
6applicant upon the local child support agency that submitted the
7applicant’s name on the certified list within seven calendar days
8of the filing of the petition. The court has the authority to uphold
9the action, unconditionally release the license, or conditionally
10release the license.

11(C) If the judicial review results in a finding by the court that
12the obligor is in compliance with the judgment or order for support,
13the local child support agency shall immediately send a release in
14accordance with subdivision (l) to the appropriate board and the
15applicant. If the judicial review results in a finding by the court
16that the needs of the obligor warrant a conditional release, the court
17shall make findings of fact stating the basis for the release and the
18payment necessary to satisfy the unrestricted issuance or renewal
19of the license without prejudice to a later judicial determination
20of the amount of support arrearages, including interest, and shall
21specify payment terms, compliance with which are necessary to
22allow the release to remain in effect.

23(l) The department shall prescribe release forms for use by local
24child support agencies. When the obligor is in compliance, the
25local child support agency shall mail to the applicant and the
26appropriate board a release stating that the applicant is in
27compliance. The receipt of a release shall serve to notify the
28applicant and the board that, for the purposes of this section, the
29applicant is in compliance with the judgment or order for support.
30Any board that has received a release from the local child support
31agency pursuant to this subdivision shall process the release within
32five business days of its receipt.

33If the local child support agency determines subsequent to the
34issuance of a release that the applicant is once again not in
35compliance with a judgment or order for support, or with the terms
36of repayment as described in this subdivision, the local child
37support agency may notify the board, the obligor, and the
38department in a format prescribed by the department that the
39obligor is not in compliance.

P13   1The department may, when it is economically feasible for the
2department and the boards to develop an automated process for
3complying with this subdivision, notify the boards in a manner
4prescribed by the department, that the obligor is once again not in
5compliance. Upon receipt of this notice, the board shall
6immediately notify the obligor on a form prescribed by the
7department that the obligor’s license will be suspended on a
8specific date, and this date shall be no longer than 30 days from
9the date the form is mailed. The obligor shall be further notified
10that the license will remain suspended until a new release is issued
11in accordance with subdivision (h). Nothing in this section shall
12be deemed to limit the obligor from seeking judicial review of
13suspension pursuant to the procedures described in subdivision
14(k).

15(m) The department may enter into interagency agreements with
16the state agencies that have responsibility for the administration
17of boards necessary to implement this section, to the extent that it
18is cost effective to implement this section. These agreements shall
19provide for the receipt by the other state agencies and boards of
20federal funds to cover that portion of costs allowable in federal
21law and regulation and incurred by the state agencies and boards
22in implementing this section. Notwithstanding any other provision
23of law, revenue generated by a board or state agency shall be used
24to fund the nonfederal share of costs incurred pursuant to this
25section. These agreements shall provide that boards shall reimburse
26the department for the nonfederal share of costs incurred by the
27department in implementing this section. The boards shall
28 reimburse the department for the nonfederal share of costs incurred
29pursuant to this section from moneys collected from applicants
30and licensees.

31(n) Notwithstanding any other law, in order for the boards
32subject to this section to be reimbursed for the costs incurred in
33administering its provisions, the boards may, with the approval of
34the appropriate department director, levy on all licensees and
35applicants a surcharge on any fee or fees collected pursuant to law,
36or, alternatively, with the approval of the appropriate department
37director, levy on the applicants or licensees named on a certified
38list or supplemental list, a special fee.

39(o) The process described in subdivision (h) shall constitute the
40sole administrative remedy for contesting the issuance of a
P14   1temporary license or the denial or suspension of a license under
2this section. The procedures specified in the administrative
3adjudication provisions of the Administrative Procedure Act
4(Chapter 4.5 (commencing with Section 11400) and Chapter 5
5(commencing with Section 11500) of Part 1 of Division 3 of Title
62 of the Government Code) shall not apply to the denial,
7suspension, or failure to issue or renew a license or the issuance
8of a temporary license pursuant to this section.

9(p) In furtherance of the public policy of increasing child support
10enforcement and collections, on or before November 1, 1995, the
11State Department of Social Services shall make a report to the
12Legislature and the Governor based on data collected by the boards
13and the district attorneys in a format prescribed by the State
14Department of Social Services. The report shall contain all of the
15following:

16(1) The number of delinquent obligors certified by district
17attorneys under this section.

18(2) The number of support obligors who also were applicants
19or licensees subject to this section.

20(3) The number of new licenses and renewals that were delayed,
21temporary licenses issued, and licenses suspended subject to this
22section and the number of new licenses and renewals granted and
23licenses reinstated following board receipt of releases as provided
24by subdivision (h) by May 1, 1995.

25(4) The costs incurred in the implementation and enforcement
26of this section.

27(q) Any board receiving an inquiry as to the licensed status of
28an applicant or licensee who has had a license denied or suspended
29under this section or has been granted a temporary license under
30this section shall respond only that the license was denied or
31suspended or the temporary license was issued pursuant to this
32section. Information collected pursuant to this section by any state
33agency, board, or department shall be subject to the Information
34Practices Act of 1977 (Chapter 1 (commencing with Section 1798)
35of Title 1.8 of Part 4 of Division 3 of the Civil Code).

36(r) Any rules and regulations issued pursuant to this section by
37any state agency, board, or department may be adopted as
38emergency regulations in accordance with the rulemaking
39provisions of the Administrative Procedure Act (Chapter 3.5
40(commencing with Section 11340) of Part 1 of Division 3 of Title
P15   12 of the Government Code). The adoption of these regulations
2shall be deemed an emergency and necessary for the immediate
3preservation of the public peace, health, and safety, or general
4welfare. The regulations shall become effective immediately upon
5filing with the Secretary of State.

6(s) The department and boards, as appropriate, shall adopt
7regulations necessary to implement this section.

8(t) The Judicial Council shall develop the forms necessary to
9implement this section, except as provided in subdivisions (f) and
10(l).

11(u) The release or other use of information received by a board
12pursuant to this section, except as authorized by this section, is
13punishable as a misdemeanor.

14(v) The State Board of Equalization shall enter into interagency
15agreements with the department and the Franchise Tax Board that
16will require the department and the Franchise Tax Board to
17maximize the use of information collected by the State Board of
18Equalization, for child support enforcement purposes, to the extent
19it is cost effective and permitted by the Revenue and Taxation
20Code.

21(w) (1) The suspension or revocation of any driver’s license,
22including a commercial driver’s license, under this section shall
23not subject the licensee to vehicle impoundment pursuant to Section
2414602.6 of the Vehicle Code.

25(2) Notwithstanding any other law, the suspension or revocation
26of any driver’s license, including a commercial driver’s license,
27under this section shall not subject the licensee to increased costs
28for vehicle liability insurance.

29(x) If any provision of this section or the application thereof to
30any person or circumstance is held invalid, that invalidity shall not
31affect other provisions or applications of this section which can
32be given effect without the invalid provision or application, and
33to this end the provisions of this section are severable.

34(y) All rights to administrative and judicial review afforded by
35this section to an applicant shall also be afforded to a licensee.

36

SEC. 3.  

Section 19528 of the Revenue and Taxation Code is
37amended to read:

38

19528.  

(a) Notwithstanding any other law, the Franchise Tax
39Board may require any board, as defined in Section 22 of the
40Business and Professions Code, and the State Bar, the Bureau of
P16   1Real Estate, and the Insurance Commissioner (hereinafter referred
2to as licensing board) to provide to the Franchise Tax Board the
3following information with respect to every licensee:

4(1) Name.

5(2) Address or addresses of record.

6(3) Federal employer identification number, if the licensee is a
7partnership, or the licensee’s individual taxpayer identification
8number or social security number, if any has been issued, of all
9other licensees.

10(4) Type of license.

11(5) Effective date of license or renewal.

12(6) Expiration date of license.

13(7) Whether license is active or inactive, if known.

14(8) Whether license is new or renewal.

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

16(1) Send a notice to any licensee failing to provide the federal
17employer identification number, individual taxpayer identification
18number, or social security number as required by subdivision (a)
19of Section 30 of the Business and Professions Code and subdivision
20(a) of Section 1666.5 of the Insurance Code, describing the
21information that was missing, the penalty associated with not
22providing it, and that failure to provide the information within 30
23days will result in the assessment of the penalty.

24(2) After 30 days following the issuance of the notice described
25in paragraph (1), assess a one-hundred-dollar ($100) penalty, due
26and payable upon notice and demand, for any licensee failing to
27provide either its federal employer identification number (if the
28licensee is a partnership) or his or herbegin insert individual taxpayer
29identification number orend insert
social security number (for all others) as
30required in Section 30 of the Business and Professions Code and
31Section 1666.5 of the Insurance Code.

32(c) Notwithstanding Chapter 3.5 (commencing with Section
336250) of Division 7 of Title 1 of the Government Code, the
34information furnished to the Franchise Tax Board pursuant to
35Section 30 of the Business and Professions Code or Section 1666.5
36of the Insurance Code shall not be deemed to be a public record
37and shall not be open to the public for inspection.



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