Amended in Assembly August 22, 2014

Amended in Assembly August 4, 2014

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 amendbegin delete Sectionend deletebegin insert Sectionsend insert 30begin insert, 2103, 2111, 2112, 2113, 2115, 3624, and 6533end insert ofbegin insert, and to add Section 135.5 to,end insert 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 billbegin insert, no later than January 1, 2016,end insert would require those licensing bodies to require an applicantbegin delete other than a partnershipend delete to provide either an individual tax identification number or social security numberbegin delete and wouldend deletebegin insert if the applicant is an individual. The bill wouldend insert 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.begin insert The bill would prohibit, except as specified, any entity within the department from denying licensure to an applicant based on his or her citizenship status or immigration status. The bill would require every board within the department to implement regulatory and procedural changes necessary to implement these provisions no later than January 1, 2016, and would authorize implementation at an any time prior to that date.end insert 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) begin insert(1)end insertbegin insertend insertNotwithstanding any other law, any board, as
4defined in Section 22, and the State Bar and the Bureau of Real
5Estate shallbegin insert,end insert at the time of issuance of the licensebegin insert,end insert require that the
6applicant provide its federal employer identification number, if
7the applicant is a partnership, or the applicant’sbegin delete individual taxpayer
8identification number orend delete
social security number for all other
9applicants.

begin insert

10(2) No later than January 1, 2016, in accordance with Section
11135.5, a board, as defined in Section 22, and the State Bar and
12the Bureau of Real Estate shall require either the individual
13taxpayer identification number or social security number if the
14applicant is an individual for purposes of this subdivision.

end insert

15(b) A licensee failing to provide the federal employer
16identification number, or the individual taxpayer identification
17number or social security number shall be reported by the licensing
18board to the Franchise Tax Board. If the licensee fails to provide
19that information after notification pursuant to paragraph (1) of
20subdivision (b) of Section 19528 of the Revenue and Taxation
P3    1Code, the licensee shall be subject to the penalty provided in
2paragraph (2) of subdivision (b) of Section 19528 of the Revenue
3and Taxation Code.

4(c) In addition to the penalty specified in subdivision (b), a
5licensing board may not process an application for an initial license
6unless the applicant provides its federal employer identification
7number, or individual taxpayer identification number or social
8security number where requested on the application.

9(d) A licensing board shall, upon request of the Franchise Tax
10Board, furnish to the Franchise Tax Board the following
11information with respect to every licensee:

12(1) Name.

13(2) Address or addresses of record.

14(3) Federal employer identification number if the licensee is a
15partnership, or the licensee’s individual taxpayer identification
16number or social security number for all other licensees.

17(4) Type of license.

18(5) Effective date of license or a renewal.

19(6) Expiration date of license.

20(7) Whether license is active or inactive, if known.

21(8) Whether license is new or a renewal.

22(e) For the purposes of this section:

23(1) “Licensee” means a person or entity, other than a
24corporation, authorized by a license, certificate, registration, or
25other means to engage in a business or profession regulated by
26this code or referred to in Section 1000 or 3600.

27(2) “License” includes a certificate, registration, or any other
28authorization needed to engage in a business or profession
29 regulated by this code or referred to in Section 1000 or 3600.

30(3) “Licensing board” means any board, as defined in Section
3122, the State Bar, and the Bureau of Real Estate.

32(f) The reports required under this section shall be filed on
33magnetic media or in other machine-readable form, according to
34standards furnished by the Franchise Tax Board.

35(g) Licensing boards shall provide to the Franchise Tax Board
36the information required by this section at a time that the Franchise
37Tax Board may require.

38(h) Notwithstanding Chapter 3.5 (commencing with Section
396250) of Division 7 of Title 1 of the Government Code, a federal
40employer identification number, individual taxpayer identification
P4    1number, or social security number furnished pursuant to this section
2 shall not be deemed to be a public record and shall not be open to
3the public for inspection.

4(i) A deputy, agent, clerk, officer, or employee of a licensing
5board described in subdivision (a), or any former officer or
6employee or other individual who, in the course of his or her
7employment or duty, has or has had access to the information
8required to be furnished under this section, may not disclose or
9make known in any manner that information, except as provided
10in this section to the Franchise Tax Board or as provided in
11subdivision (k).

12(j) It is the intent of the Legislature in enacting this section to
13utilize the federal employer identification number, individual
14taxpayer identification number, or social security number for the
15purpose of establishing the identification of persons affected by
16state tax laws and for purposes of compliance with Section 17520
17of the Family Code and, to that end, the information furnished
18pursuant to this section shall be used exclusively for those
19purposes.

20(k) If the board utilizes a national examination to issue a license,
21and if a reciprocity agreement or comity exists between the State
22of California and the state requesting release of the individual
23taxpayer identification number or social security number, any
24deputy, agent, clerk, officer, or employee of any licensing board
25described in subdivision (a) may release an individual taxpayer
26identification number or social security number to an examination
27or licensing entity, only for the purpose of verification of licensure
28or examination status.

29(l) For the purposes of enforcement of Section 17520 of the
30Family Code, and notwithstanding any other law, a board, as
31defined in Section 22, and the State Bar and the Bureau of Real
32Estate shall at the time of issuance of the license require that each
33licensee provide the individual taxpayer identification number or
34social security number of each individual listed on the license and
35any person who qualifiesbegin insert forend insert the license. For the purposes of this
36subdivision, “licensee” means an entity that is issued a license by
37any board, as defined in Section 22, the State Bar, the Bureau of
38Real Estate, and the Department of Motor Vehicles.

39begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 135.5 is added to the end insertbegin insertBusiness and Professions
40Code
end insert
begin insert, to read:end insert

begin insert
P5    1

begin insert135.5.end insert  

(a) The Legislature finds and declares that it is in the
2best interests of the State of California to provide persons who are
3not lawfully present in the United States with the state benefits
4provided by all licensing acts of entities within the department,
5and therefore enacts this section pursuant to subsection (d) of
6Section 1621 of Title 8 of the United States Code.

7(b) Notwithstanding subdivision (a) of Section 30, and except
8as required by subdivision (e) of Section 7583.23, no entity within
9the department shall deny licensure to an applicant based on his
10or her citizenship status or immigration status.

11(c) Every board within the department shall implement all
12required regulatory or procedural changes necessary to implement
13this section no later than January 1, 2016. A board may implement
14the provisions of this section at any time prior to January 1, 2016.

end insert
15begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 2103 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
16amended to read:end insert

17

2103.  

An applicantbegin delete who is a citizen of the United Statesend delete shall
18be eligible for a physician’s and surgeon’s certificate if he or she
19has completed the following requirements:

20(a) Submitted official evidence satisfactory to the board of
21completion of a resident course or professional instruction
22equivalent to that required in Section 2089 in a medical school
23located outside the United States or Canada. However, nothing in
24this section shall be construed to require the board to evaluate for
25equivalency any coursework obtained at a medical school
26disapproved by the board pursuant to Article 4 (commencing with
27Section 2080).

28(b) Submitted official evidence satisfactory to the board of
29completion of all formal requirements of the medical school for
30graduation, except the applicant shall not be required to have
31completed an internship or social service or be admitted or licensed
32to practice medicine in the country in which the professional
33instruction was completed.

34(c) Attained a score satisfactory to an approved medical school
35on a qualifying examination acceptable to the board.

36(d) Successfully completed one academic year of supervised
37clinical training in a program approved by the board pursuant to
38Section 2104. The board shall also recognize as compliance with
39this subdivision the successful completion of a one-year supervised
40clinical medical internship operated by a medical school pursuant
P6    1to Chapter 85 of the Statutes of 1972 and as amended by Chapter
2888 of the Statutes of 1973 as the equivalent of the year of
3 supervised clinical training required by this section.

4(1) Training received in the academic year of supervised clinical
5training approved pursuant to Section 2104 shall be considered as
6part of the total academic curriculum for purposes of meeting the
7requirements of Sections 2089 and 2089.5.

8(2) An applicant who has passed the basic science and English
9language examinations required for certification by the Educational
10Commission for Foreign Medical Graduates may present evidence
11of those passing scores along with a certificate of completion of
12one academic year of supervised clinical training in a program
13approved by the board pursuant to Section 2104 in satisfaction of
14the formal certification requirements of subdivision (b) of Section
152102.

16(e) Satisfactorily completed the postgraduate training required
17under Section 2096.

18(f) Passed the written examination required for certification as
19a physician and surgeon under this chapter.

20begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 2111 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
21amended to read:end insert

22

2111.  

(a) Physicians who are not citizens but who meet the
23requirements of subdivisionbegin delete (b), are legally admitted to the United
24States,end delete
begin insert (b)end insert and who seek postgraduate study in an approved medical
25school may, after receipt of an appointment from the dean of the
26California medical school and application to and approval by the
27Division of Licensing, be permitted to participate in the
28professional activities of the department or division in the medical
29school to which they are appointed. The physician shall be under
30the direction of the head of the department to which he or she is
31appointed, supervised by the staff of the medical school’s medical
32center, and known for these purposes as a “visiting fellow.” The
33visiting fellow shall wear a visible name tag containing the title
34“visiting fellow” when he or she provides clinical services.

35(b) (1) Application for approval shall be made on a form
36prescribed by the division and shall be accompanied by a fee fixed
37by the division in an amount necessary to recover the actual
38application processing costs of the program. The application shall
39show that the person does not immediately qualify for a physician’s
40and surgeon’s certificate under this chapter and that the person has
P7    1completed at least three years of postgraduate basic residency
2requirements. The application shall include a written statement of
3the recruitment procedures followed by the medical school before
4offering the appointment to the applicant.

5(2) Approval shall be granted only for appointment to one
6medical school, and no physician shall be granted more than one
7approval for the same period of time.

8(3) Approval may be granted for a maximum of three years and
9shall be renewed annually. The medical school shall submit a
10request for renewal on a form prescribed by the division, which
11shall be accompanied by a renewal fee fixed by the division in a
12amount necessary to recover the actual application processing costs
13of the program.

14(c) Except to the extent authorized by this section, the visiting
15fellow may not engage in the practice of medicine. Neither the
16visiting fellow nor the medical school may assess any charge for
17the medical services provided by the visiting fellow, and the
18visiting fellow may not receive any other compensation therefor.

19(d) The time spent under appointment in a medical school
20pursuant to this section may not be used to meet the requirements
21for licensure under Section 2102.

22(e) The division shall notify both the visiting fellow and the
23dean of the appointing medical school of any complaint made
24about the visiting fellow.

25The division may terminate its approval of an appointment for
26any act that would be grounds for discipline if done by a licensee.
27The division shall provide both the visiting fellow and the dean of
28the medical school with a written notice of termination including
29the basis for that termination. The visiting fellow may, within 30
30days after the date of the notice of termination, file a written appeal
31to the division. The appeal shall include any documentation the
32visiting fellow wishes to present to the division.

33(f) Nothing in this section shall preclude any United States
34citizen who has received his or her medical degree from a medical
35school located in a foreign country and recognized by the division
36from participating in any program established pursuant to this
37section.

38begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 2112 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
39amended to read:end insert

P8    1

2112.  

(a) Physicians who are not citizensbegin delete but are legally
2admitted to the United Statesend delete
and who seek postgraduate study,
3may, after application to and approval by the Division of Licensing,
4be permitted to participate in a fellowship program in a specialty
5or subspecialty field, providing the fellowship program is given
6in a hospital in this state which is approved by the Joint Committee
7on Accreditation of Hospitals and providing the service is
8satisfactory to the division. Such physicians shall at all times be
9under the direction and supervision of a licensed, board-certified
10physician and surgeon who is recognized as a clearly outstanding
11specialist in the field in which the foreign fellow is to be trained.
12 The supervisor, as part of the application process, shall submit his
13or her curriculum vitae and a protocol of the fellowship program
14to be completed by the foreign fellow. Approval of the program
15and supervisor is for a period of one year, but may be renewed
16annually upon application to and approval by the division. The
17approval may not be renewed more than four times. The division
18may determine a fee, based on the cost of operating this program,
19which shall be paid by the applicant at the time the application is
20filed.

21(b) Except to the extent authorized by this section, no such
22visiting physician may engage in the practice of medicine or receive
23compensation therefor. The time spent under appointment in a
24medical school pursuant to this section may not be used to meet
25the requirements for licensure under Section 2101 or 2102.

26(c) Nothing in this section shall preclude any United States
27citizen who has received his or her medical degree from a medical
28school located in a foreign country from participating in any
29program established pursuant to this section.

30begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 2113 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
31amended to read:end insert

32

2113.  

(a) Any person who does not immediately qualify for
33a physician’s and surgeon’s certificate under this chapter and who
34is offered by the dean of an approved medical school in this state
35a full-time faculty position may, after application to and approval
36by the Division of Licensing, be granted a certificate of registration
37to engage in the practice of medicine only to the extent that the
38practice is incident to and a necessary part of his or her duties as
39approved by the division in connection with the faculty position.
40A certificate of registration does not authorize a registrant to admit
P9    1patients to a nursing or a skilled or assisted living facility unless
2that facility is formally affiliated with the sponsoring medical
3school. A clinical fellowship shall not be submitted as a faculty
4 service appointment.

5(b) Application for a certificate of registration shall be made on
6a form prescribed by the division and shall be accompanied by a
7registration fee fixed by the division in a amount necessary to
8recover the actual application processing costs of the program. To
9qualify for the certificate, an applicant shall submit all of the
10following:

begin delete

11(1) Documentary evidence satisfactory to the division that the
12applicant is a United States citizen or is legally admitted to the
13United States.

end delete
begin delete

14(2)

end delete

15begin insert(1)end insert If the applicant is a graduate of a medical school other than
16in the United States or Canada, documentary evidence satisfactory
17to the division that he or she has been licensed to practice medicine
18and surgery for not less than four years in another state or country
19whose requirements for licensure are satisfactory to the division,
20or has been engaged in the practice of medicine in the United States
21for at least four years in approved facilities, or has completed a
22combination of that licensure and training.

begin delete

23(3)

end delete

24begin insert(2)end insert If the applicant is a graduate of an approved medical school
25in the United States or Canada, documentary evidence that he or
26she has completed a resident course of professional instruction as
27required in Section 2089.

begin delete

28(4)

end delete

29begin insert(3)end insert Written certification by the head of the department in which
30the applicant is to be appointed of all of the following:

31(A) The applicant will be under his or her direction.

32(B) The applicant will not be permitted to practice medicine
33unless incident to and a necessary part of his or her duties as
34approved by the division in subdivision (a).

35(C) The applicant will be accountable to the medical school’s
36 department chair or division chief for the specialty in which the
37applicant will practice.

38(D) The applicant will be proctored in the same manner as other
39new faculty members, including, as appropriate, review by the
40medical staff of the school’s medical center.

P10   1(E) The applicant will not be appointed to a supervisory position
2at the level of a medical school department chair or division chief.

begin delete

3(5)

end delete

4begin insert(4)end insert Demonstration by the dean of the medical school that the
5applicant has the requisite qualifications to assume the position to
6which he or she is to be appointed and that shall include a written
7statement of the recruitment procedures followed by the medical
8school before offering the faculty position to the applicant.

9(c) A certificate of registration shall be issued only for a faculty
10position at one approved medical school, and no person shall be
11issued more than one certificate of registration for the same period
12of time.

13(d) (1) A certificate of registration is valid for one year from
14its date of issuance and may be renewed twice.

15A request for renewal shall be submitted on a form prescribed
16by the division and shall be accompanied by a renewal fee fixed
17by the division in an amount necessary to recover the actual
18application processing costs of the program.

19(2) The dean of the medical school may request renewal of the
20registration by submitting a plan at the beginning of the third year
21of the registrant’s appointment demonstrating the registrant’s
22continued progress toward licensure and, if the registrant is a
23graduate of a medical school other than in the United States or
24Canada, that the registrant has been issued a certificate by the
25Educational Commission for Foreign Medical Graduates. The
26division may, in its discretion, extend the registration for a two-year
27period to facilitate the registrant’s completion of the licensure
28process.

29(e) If the registrant is a graduate of a medical school other than
30in the United States or Canada, he or she shall meet the
31requirements of Section 2102 or 2135, as appropriate, in order to
32obtain a physician’s and surgeon’s certificate. Notwithstanding
33any other provision of law, the division may accept clinical practice
34in an appointment pursuant to this section as qualifying time to
35meet the postgraduate training requirements in Section 2102, and
36may, in its discretion, waive the examination and the Educational
37Commission for Foreign Medical Graduates certification
38requirements specified in Section 2102 in the event the registrant
39applies for a physician’s and surgeon’s certificate. As a condition
40to waiving any examination or the Educational Commission for
P11   1Foreign Medical Graduates certification requirement, the division
2in its discretion, may require an applicant to pass the clinical
3competency examination referred to in subdivision (d) of Section
42135. The division shall not waive any examination for an applicant
5who has not completed at least one year in the faculty position.

6(f) Except to the extent authorized by this section, the registrant
7shall not engage in the practice of medicine, bill individually for
8medical services provided by the registrant, or receive
9compensation therefor, unless he or she is issued a physician’s and
10surgeon’s certificate.

11(g) When providing clinical services, the registrant shall wear
12a visible name tag containing the title “visiting professor” or
13“visiting faculty member,” as appropriate, and the institution at
14which the services are provided shall obtain a signed statement
15from each patient to whom the registrant provides services
16acknowledging that the patient understands that the services are
17provided by a person who does not hold a physician’s and
18surgeon’s certificate but who is qualified to participate in a special
19program as a visiting professor or faculty member.

20(h) The division shall notify both the registrant and the dean of
21the medical school of a complaint made about the registrant. The
22division may terminate a registration for any act that would be
23grounds for discipline if done by a licensee. The division shall
24provide both the registrant and the dean of the medical school with
25written notice of the termination and the basis for that termination.
26The registrant may, within 30 days after the date of the notice of
27termination, file a written appeal to the division. The appeal shall
28include any documentation the registrant wishes to present to the
29division.

30begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 2115 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
31amended to read:end insert

32

2115.  

(a) Physicians who are not citizensbegin delete but are legally
33admitted to the United Statesend delete
and who seek postgraduate study
34may, after application to and approval by the Division of Licensing,
35be permitted to participate in a fellowship program in a specialty
36or subspecialty field, providing the fellowship program is given
37in a clinic or hospital in a medically underserved area of this state
38that is licensed by the State Department of Health Services or is
39exempt from licensure pursuant to subdivision (b) or (c) of Section
401206 of the Health and Safety Code, and providing service is
P12   1satisfactory to the division. These physicians shall at all times be
2under the direction and supervision of a licensed, board certified
3physician and surgeon who has an appointment with a medical
4school in California and is a specialist in the field in which the
5fellow is to be trained. The supervisor, as part of the application
6process, shall submit his or her curriculum vitae and a protocol of
7the fellowship program to be completed by the foreign fellow.
8Approval of the program and supervisor is for a period of one year,
9but may be renewed annually upon application to and approval by
10the division. The approval may not be renewed more than four
11times. The division may determine a fee, based on the cost of
12operating this program, which shall be paid by the applicant at the
13time the application is filed.

14(b) Except to the extent authorized by this section, no visiting
15physician may engage in the practice of medicine or receive
16compensation therefor. The time spent under appointment in a
17clinic pursuant to this section may not be used to meet the
18requirements for licensure under Section 2102.

19(c) Nothing in this section shall preclude any United States
20citizen who has received his or her medical degree from a medical
21school located in a foreign country from participating in any
22program established pursuant to this section.

23(d) For purposes of this section, a medically underserved area
24means a federally designated Medically Underserved Area, a
25federally designated Health Professional Shortage Area, and any
26other clinic or hospital determined by the board to be medically
27underserved. Clinics or hospitals determined by the board pursuant
28to this subdivision shall be reported to the Office of Statewide
29Health Planning and Development.

30begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 3624 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
31amended to read:end insert

32

3624.  

(a) The committee may grant a certificate of registration
33to practice naturopathic medicine to a person who does not hold
34a naturopathic doctor’s license under this chapter and is offered a
35faculty position by the dean of a naturopathic medical education
36program approved by the committee, if all of the following
37requirements are met to the satisfaction of the committee:

begin delete

38(1) The applicant furnishes documentary evidence that he or
39she is a United States citizen or is legally admitted to the United
40States.

end delete
begin delete

P13   1(2)

end delete

2begin insert(1)end insert The applicant submits an application on a form prescribed
3by the committee.

begin delete

4(3)

end delete

5begin insert(2)end insert The dean of the naturopathic medical education program
6demonstrates that the applicant has the requisite qualifications to
7assume the position to which he or she is to be appointed.

begin delete

8(4)

end delete

9begin insert(3)end insert The dean of the naturopathic medical education program
10certifies in writing to the committee that the applicant will be under
11his or her direction and will not be permitted to practice
12naturopathic medicine unless incident to and a necessary part of
13the applicant’s duties as approved by the committee.

14(b) The holder of a certificate of registration issued under this
15section shall not receive compensation for or practice naturopathic
16medicine unless it is incidental to and a necessary part of the
17applicant’s duties in connection with the holder’s faculty position.

18(c) A certificate of registration issued under this section is valid
19for two years.

20begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 6533 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
21amended to read:end insert

22

6533.  

In order to meet the qualifications for licensure as a
23professional fiduciary a person shall meet all of the following
24requirements:

25(a) Be at least 21 years of age.

begin delete

26(b) Be a United States citizen, or be legally admitted to the
27United States.

end delete
begin delete

28(c)

end delete

29begin insert(b)end insert Have not committed any acts that are grounds for denial of
30a license under Section 480 or 6536.

begin delete

31(d)

end delete

32begin insert(c)end insert Submit fingerprint images as specified in Section 6533.5 in
33order to obtain criminal offender record information.

begin delete

34(e)

end delete

35begin insert(d)end insert Have completed the required prelicensing education
36described in Section 6538.

begin delete

37(f)

end delete

38begin insert(e)end insert Have passed the licensing examination administered by the
39bureau pursuant to Section 6539.

begin delete

40(g)

end delete

P14   1begin insert(f)end insert Have at least one of the following:

2(1) A baccalaureate degree of arts or sciences from a college or
3university accredited by a nationally recognized accrediting body
4of colleges and universities or a higher level of education.

5(2) An associate of arts or sciences degree from a college or
6university accredited by a nationally recognized accrediting body
7of colleges and universities, and at least three years of experience
8working as a professional fiduciary or working with substantive
9fiduciary responsibilities for a professional fiduciary, public
10agency, or financial institution acting as a conservator, guardian,
11trustee, personal representative, or agent under a power of attorney.

12(3) Experience of not less than five years, prior to July 1, 2012,
13working as a professional fiduciary or working with substantive
14fiduciary responsibilities for a professional fiduciary, public
15agency, or financial institution acting as a conservator, guardian,
16trustee, personal representative, or agent under a power of attorney.

begin delete

17(h)

end delete

18begin insert(g)end insert Agree to adhere to the Professional Fiduciaries Code of
19Ethics and to all statutes and regulations.

begin delete

20(i)

end delete

21begin insert(h)end insert Consent to the bureau conducting a credit check on the
22applicant.

begin delete

23(j)

end delete

24begin insert(i)end insert File a completed application for licensure with the bureau
25on a form provided by the bureau and signed by the applicant under
26penalty of perjury.

begin delete

27(k)

end delete

28begin insert(j)end insert Submit with the license application a nonrefundable
29application fee, as specified in this chapter.

30

begin deleteSEC. 2.end delete
31begin insertSEC. 10.end insert  

Section 17520 of the Family Code is amended to
32read:

33

17520.  

(a) As used in this section:

34(1) “Applicant” means a person applying for issuance or renewal
35of a license.

36(2) “Board” means an entity specified in Section 101 of the
37Business and Professions Code, the entities referred to in Sections
381000 and 3600 of the Business and Professions Code, the State
39Bar, the Bureau of Real Estate, the Department of Motor Vehicles,
40the Secretary of State, the Department of Fish andbegin delete Game,end deletebegin insert Wildlife,end insert
P15   1 and any other state commission, department, committee, examiner,
2or agency that issues a license, certificate, credential, permit,
3registration, or any other authorization to engage in a business,
4occupation, or profession, or to the extent required by federal law
5or regulations, for recreational purposes. This term includes all
6boards, commissions, departments, committees, examiners, entities,
7and agencies that issue a license, certificate, credential, permit,
8registration, or any other authorization to engage in a business,
9occupation, or profession. The failure to specifically name a
10particular board, commission, department, committee, examiner,
11entity, or agency that issues a license, certificate, credential, permit,
12registration, or any other authorization to engage in a business,
13occupation, or profession does not exclude that board, commission,
14department, committee, examiner, entity, or agency from this term.

15(3) “Certified list” means a list provided by the local child
16support agency to the Department of Child Support Services in
17which the local child support agency verifies, under penalty of
18perjury, that the names contained therein are support obligors found
19to be out of compliance with a judgment or order for support in a
20case being enforced under Title IV-D of thebegin insert federalend insert Social Security
21Act.

22(4) “Compliance with a judgment or order for support” means
23that, as set forth in a judgment or order for child or family support,
24the obligor is no more than 30 calendar days in arrears in making
25payments in full for current support, in making periodic payments
26in full, whether court ordered or by agreement with the local child
27support agency, on a support arrearage, or in making periodic
28payments in full, whether court ordered or by agreement with the
29local child support agency, on a judgment for reimbursement for
30public assistance, or has obtained a judicial finding that equitable
31estoppel as provided in statute or case law precludes enforcement
32of the order. The local child support agency is authorized to use
33this section to enforce orders for spousal support only when the
34local child support agency is also enforcing a related child support
35obligation owed to the obligee parent by the same obligor, pursuant
36to Sections 17400 and 17604.

37(5) “License” includes membership in the State Bar, and a
38certificate, credential, permit, registration, or any other
39authorization issued by a board that allows a person to engage in
40a business, occupation, or profession, or to operate a commercial
P16   1motor vehicle, including appointment and commission by the
2Secretary of State as a notary public. “License” also includes any
3driver’s license issued by the Department of Motor Vehicles, any
4commercial fishing license issued by the Department of Fish and
5begin delete Game, end deletebegin insert Wildlife,end insert and to the extent required by federal law or
6regulations, any license used for recreational purposes. This term
7includes all licenses, certificates, credentials, permits, registrations,
8or any other authorization issued by a board that allows a person
9to engage in a business, occupation, or profession. The failure to
10specifically name a particular type of license, certificate, credential,
11permit, registration, or other authorization issued by a board that
12allows a person to engage in a business, occupation, or profession,
13does not exclude that license, certificate, credential, permit,
14registration, or other authorization from this term.

15(6) “Licensee” means a person holding a license, certificate,
16credential, permit, registration, or other authorization issued by a
17board, to engage in a business, occupation, or profession, or a
18commercial driver’s license as defined in Section 15210 of the
19Vehicle Code, including an appointment and commission by the
20Secretary of State as a notary public. “Licensee” also means a
21person holding a driver’s license issued by the Department of
22Motor Vehicles, a person holding a commercial fishing license
23issued by the Department of Fish and Game, and to the extent
24required by federal law or regulations, a person holding a license
25used for recreational purposes. This term includes all persons
26holding a license, certificate, credential, permit, registration, or
27any other authorization to engage in a business, occupation, or
28profession, and the failure to specifically name a particular type
29of license, certificate, credential, permit, registration, or other
30authorization issued by a board does not exclude that person from
31this term. For licenses issued to an entity that is not an individual
32person, “licensee” includes an individual who is either listed on
33the license or who qualifies for the license.

34(b) The local child support agency shall maintain a list of those
35persons included in a case being enforced under Title IV-D of the
36begin insert federalend insert Social Security Act against whom a support order or
37judgment has been rendered by, or registered in, a court of this
38state, and who are not in compliance with that order or judgment.
39The local child support agency shall submit a certified list with
40the names, social security numbers, and last known addresses of
P17   1these persons and the name, address, and telephone number of the
2local child support agency who certified the list to the department.
3The local child support agency shall verify, under penalty of
4perjury, that the persons listed are subject to an order or judgment
5for the payment of support and that these persons are not in
6compliance with the order or judgment. The local child support
7agency shall submit to the department an updated certified list on
8a monthly basis.

9(c) The department shall consolidate the certified lists received
10from the local child support agencies and, within 30 calendar days
11of receipt, shall provide a copy of the consolidated list to each
12board that is responsible for the regulation of licenses, as specified
13in this section.

14(d) On or before November 1, 1992, or as soon thereafter as
15economically feasible, as determined by the department, all boards
16subject to this section shall implement procedures to accept and
17process the list provided by the department, in accordance with
18this section. Notwithstanding any other law, all boards shall collect
19social security numbers or individual taxpayer identification
20numbers from all applicants for the purposes of matching the names
21of the certified list provided by the department to applicants and
22licensees and of responding to requests for this information made
23by child support agencies.

24(e) (1) Promptly after receiving the certified consolidated list
25from the department, and prior to the issuance or renewal of a
26license, each board shall determine whether the applicant is on the
27most recent certified consolidated list provided by the department.
28The board shall have the authority to withhold issuance or renewal
29of the license of an applicant on the list.

30(2) If an applicant is on the list, the board shall immediately
31serve notice as specified in subdivision (f) on the applicant of the
32board’s intent to withhold issuance or renewal of the license. The
33notice shall be made personally or by mail to the applicant’s last
34known mailing address on file with the board. Service by mail
35shall be complete in accordance with Section 1013 of the Code of
36Civil Procedure.

37(A) The board shall issue a temporary license valid for a period
38of 150 days to any applicant whose name is on the certified list if
39the applicant is otherwise eligible for a license.

P18   1(B) Except as provided in subparagraph (D), the 150-day time
2period for a temporary license shall not be extended. Except as
3provided in subparagraph (D), only one temporary license shall
4be issued during a regular license term and it shall coincide with
5the first 150 days of that license term. As this paragraph applies
6to commercial driver’s licenses, “license term” shall be deemed
7to be 12 months from the date the application fee is received by
8the Department of Motor Vehicles. A license for the full or
9remainder of the license term shall be issued or renewed only upon
10 compliance with this section.

11(C) In the event that a license or application for a license or the
12renewal of a license is denied pursuant to this section, any funds
13paid by the applicant or licensee shall not be refunded by the board.

14(D) This paragraph shall apply only in the case of a driver’s
15license, other than a commercial driver’s license. Upon the request
16of the local child support agency or by order of the court upon a
17showing of good cause, the board shall extend a 150-day temporary
18license for a period not to exceed 150 extra days.

19(3) (A) The department may, when it is economically feasible
20for the department and the boards to do so as determined by the
21department, in cases where the department is aware that certain
22child support obligors listed on the certified lists have been out of
23 compliance with a judgment or order for support for more than
24four months, provide a supplemental list of these obligors to each
25board with which the department has an interagency agreement to
26implement this paragraph. Upon request by the department, the
27licenses of these obligors shall be subject to suspension, provided
28that the licenses would not otherwise be eligible for renewal within
29 six months from the date of the request by the department. The
30board shall have the authority to suspend the license of any licensee
31on this supplemental list.

32(B) If a licensee is on a supplemental list, the board shall
33immediately serve notice as specified in subdivision (f) on the
34licensee that his or her license will be automatically suspended
35150 days after notice is served, unless compliance with this section
36is achieved. The notice shall be made personally or by mail to the
37licensee’s last known mailing address on file with the board.
38Service by mail shall be complete in accordance with Section 1013
39of the Code of Civil Procedure.

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

P19   1(D) In the event that any license is suspended pursuant to this
2section, any funds paid by the licensee shall not be refunded by
3the board.

4(E) This paragraph shall not apply to licenses subject to annual
5renewal or annual fee.

6(f) Notices shall be developed by each board in accordance with
7guidelines provided by the department and subject to approval by
8the department. The notice shall include the address and telephone
9number of the local child support agency that submitted the name
10on the certified list, and shall emphasize the necessity of obtaining
11a release from that local child support agency as a condition for
12the issuance, renewal, or continued valid status of a license or
13licenses.

14(1) In the case of applicants not subject to paragraph (3) of
15subdivision (e), the notice shall inform the applicant that the board
16shall issue a temporary license, as provided in subparagraph (A)
17of paragraph (2) of subdivision (e), for 150 calendar days if the
18applicant is otherwise eligible and that upon expiration of that time
19period the license will be denied unless the board has received a
20release from the local child support agency that submitted the name
21on the certified list.

22(2) In the case of licensees named on a supplemental list, the
23notice shall inform the licensee that his or her license will continue
24in its existing status for no more than 150 calendar days from the
25date of mailing or service of the notice and thereafter will be
26suspended indefinitely unless, during the 150-day notice period,
27 the board has received a release from the local child support agency
28that submitted the name on the certified list. Additionally, the
29notice shall inform the licensee that any license suspended under
30this section will remain so until the expiration of the remaining
31license term, unless the board receives a release along with
32applications and fees, if applicable, to reinstate the license during
33the license term.

34(3) The notice shall also inform the applicant or licensee that if
35an application is denied or a license is suspended pursuant to this
36section, any funds paid by the applicant or licensee shall not be
37refunded by the board. The Department of Child Support Services
38shall also develop a form that the applicant shall use to request a
39review by the local child support agency. A copy of this form shall
40be included with every notice sent pursuant to this subdivision.

P20   1(g) (1) Each local child support agency shall maintain review
2procedures consistent with this section to allow an applicant to
3have the underlying arrearage and any relevant defenses
4investigated, to provide an applicant information on the process
5of obtaining a modification of a support order, or to provide an
6applicant assistance in the establishment of a payment schedule
7on arrearages if the circumstances so warrant.

8(2) It is the intent of the Legislature that a court or local child
9support agency, when determining an appropriate payment schedule
10for arrearages, base its decision on the facts of the particular case
11and the priority of payment of child support over other debts. The
12payment schedule shall also recognize that certain expenses may
13be essential to enable an obligor to be employed. Therefore, in
14reaching its decision, the court or the local child support agency
15shall consider both of these goals in setting a payment schedule
16for arrearages.

17(h) If the applicant wishes to challenge the submission of his
18or her name on the certified list, the applicant shall make a timely
19written request for review to the local child support agency who
20certified the applicant’s name. A request for review pursuant to
21this section shall be resolved in the same manner and timeframe
22provided for resolution of a complaint pursuant to Section 17800.
23The local child support agency shall immediately send a release
24to the appropriate board and the applicant, if any of the following
25conditions are met:

26(1) The applicant is found to be in compliance or negotiates an
27agreement with the local child support agency for a payment
28schedule on arrearages or reimbursement.

29(2) The applicant has submitted a request for review, but the
30local child support agency will be unable to complete the review
31and send notice of its findings to the applicant within the time
32specified in Section 17800.

33(3) The applicant has filed and served a request for judicial
34review pursuant to this section, but a resolution of that review will
35not be made within 150 days of the date of service of notice
36pursuant to subdivision (f). This paragraph applies only if the delay
37in completing the judicial review process is not the result of the
38applicant’s failure to act in a reasonable, timely, and diligent
39manner upon receiving the local child support agency’s notice of
40findings.

P21   1(4) The applicant has obtained a judicial finding of compliance
2as defined in this section.

3(i) An applicant is required to act with diligence in responding
4to notices from the board and the local child support agency with
5the recognition that the temporary license will lapse or the license
6suspension will go into effect after 150 days and that the local
7child support agency and, where appropriate, the court must have
8time to act within that period. An applicant’s delay in acting,
9without good cause, which directly results in the inability of the
10local child support agency to complete a review of the applicant’s
11request or the court to hear the request for judicial review within
12the 150-day period shall not constitute the diligence required under
13this section which would justify the issuance of a release.

14(j) Except as otherwise provided in this section, the local child
15support agency shall not issue a release if the applicant is not in
16compliance with the judgment or order for support. The local child
17support agency shall notify the applicant in writing that the
18applicant may, by filing an order to show cause or notice of motion,
19request any or all of the following:

20(1) Judicial review of the local child support agency’s decision
21not to issue a release.

22(2) A judicial determination of compliance.

23(3) A modification of the support judgment or order.

24The notice shall also contain the name and address of the court
25in which the applicant shall file the order to show cause or notice
26of motion and inform the applicant that his or her name shall
27remain on the certified list if the applicant does not timely request
28judicial review. The applicant shall comply with all statutes and
29rules of court regarding orders to show cause and notices of motion.

30This section shall not be deemed to limit an applicant from filing
31an order to show cause or notice of motion to modify a support
32judgment or order or to fix a payment schedule on arrearages
33accruing under a support judgment or order or to obtain a court
34finding of compliance with a judgment or order for support.

35(k) The request for judicial review of the local child support
36agency’s decision shall state the grounds for which review is
37requested and judicial review shall be limited to those stated
38grounds. The court shall hold an evidentiary hearing within 20
39calendar days of the filing of the request for review. Judicial review
P22   1of the local child support agency’s decision shall be limited to a
2determination of each of the following issues:

3(1) Whether there is a support judgment, order, or payment
4schedule on arrearages or reimbursement.

5(2) Whether the petitioner is the obligor covered by the support
6judgment or order.

7(3) Whether the support obligor is or is not in compliance with
8the judgment or order of support.

9(4) (A) The extent to which the needs of the obligor, taking
10into account the obligor’s payment history and the current
11circumstances of both the obligor and the obligee, warrant a
12conditional release as described in this subdivision.

13(B) The request for judicial review shall be served by the
14applicant upon the local child support agency that submitted the
15applicant’s name on the certified list within seven calendar days
16of the filing of the petition. The court has the authority to uphold
17the action, unconditionally release the license, or conditionally
18release the license.

19(C) If the judicial review results in a finding by the court that
20 the obligor is in compliance with the judgment or order for support,
21the local child support agency shall immediately send a release in
22accordance with subdivision (l) to the appropriate board and the
23applicant. If the judicial review results in a finding by the court
24that the needs of the obligor warrant a conditional release, the court
25shall make findings of fact stating the basis for the release and the
26payment necessary to satisfy the unrestricted issuance or renewal
27of the license without prejudice to a later judicial determination
28of the amount of support arrearages, including interest, and shall
29specify payment terms, compliance with which are necessary to
30allow the release to remain in effect.

31(l) The department shall prescribe release forms for use by local
32child support agencies. When the obligor is in compliance, the
33local child support agency shall mail to the applicant and the
34appropriate board a release stating that the applicant is in
35compliance. The receipt of a release shall serve to notify the
36applicant and the board that, for the purposes of this section, the
37applicant is in compliance with the judgment or order for support.
38Any board that has received a release from the local child support
39agency pursuant to this subdivision shall process the release within
40five business days of its receipt.

P23   1If the local child support agency determines subsequent to the
2issuance of a release that the applicant is once again not in
3compliance with a judgment or order for support, or with the terms
4of repayment as described in this subdivision, the local child
5support agency may notify the board, the obligor, and the
6department in a format prescribed by the department that the
7obligor is not in compliance.

8The department may, when it is economically feasible for the
9department and the boards to develop an automated process for
10complying with this subdivision, notify the boards in a manner
11prescribed by the department, that the obligor is once again not in
12compliance. Upon receipt of this notice, the board shall
13immediately notify the obligor on a form prescribed by the
14department that the obligor’s license will be suspended on a
15specific date, and this date shall be no longer than 30 days from
16the date the form is mailed. The obligor shall be further notified
17that the license will remain suspended until a new release is issued
18in accordance with subdivision (h). Nothing in this section shall
19be deemed to limit the obligor from seeking judicial review of
20suspension pursuant to the procedures described in subdivision
21(k).

22(m) The department may enter into interagency agreements with
23the state agencies that have responsibility for the administration
24of boards necessary to implement this section, to the extent that it
25is cost effective to implement this section. These agreements shall
26provide for the receipt by the other state agencies and boards of
27federal funds to cover that portion of costs allowable in federal
28law and regulation and incurred by the state agencies and boards
29in implementing this section. Notwithstanding any other provision
30of law, revenue generated by a board or state agency shall be used
31to fund the nonfederal share of costs incurred pursuant to this
32section. These agreements shall provide that boards shall reimburse
33the department for the nonfederal share of costs incurred by the
34department in implementing this section. The boards shall
35reimburse the department for the nonfederal share of costs incurred
36pursuant to this section from moneys collected from applicants
37and licensees.

38(n) Notwithstanding any other law, in order for the boards
39subject to this section to be reimbursed for the costs incurred in
40administering its provisions, the boards may, with the approval of
P24   1the appropriate department director, levy on all licensees and
2applicants a surcharge on any fee or fees collected pursuant to law,
3or, alternatively, with the approval of the appropriate department
4director, levy on the applicants or licensees named on a certified
5list or supplemental list, a special fee.

6(o) The process described in subdivision (h) shall constitute the
7sole administrative remedy for contesting the issuance of a
8temporary license or the denial or suspension of a license under
9this section. The procedures specified in the administrative
10adjudication provisions of the Administrative Procedure Act
11(Chapter 4.5 (commencing with Section 11400) and Chapter 5
12(commencing with Section 11500) of Part 1 of Division 3 of Title
132 of the Government Code) shall not apply to the denial,
14suspension, or failure to issue or renew a license or the issuance
15of a temporary license pursuant to this section.

16(p) In furtherance of the public policy of increasing child support
17enforcement and collections, on or before November 1, 1995, the
18State Department of Social Services shall make a report to the
19Legislature and the Governor based on data collected by the boards
20and the district attorneys in a format prescribed by the State
21Department of Social Services. The report shall contain all of the
22following:

23(1) The number of delinquent obligors certified by district
24attorneys under this section.

25(2) The number of support obligors who also were applicants
26or licensees subject to this section.

27(3) The number of new licenses and renewals that were delayed,
28temporary licenses issued, and licenses suspended subject to this
29section and the number of new licenses and renewals granted and
30licenses reinstated following board receipt of releases as provided
31by subdivision (h) by May 1, 1995.

32(4) The costs incurred in the implementation and enforcement
33of this section.

34(q) Any board receiving an inquiry as to the licensed status of
35an applicant or licensee who has had a license denied or suspended
36under this section or has been granted a temporary license under
37this section shall respond only that the license was denied or
38suspended or the temporary license was issued pursuant to this
39section. Information collected pursuant to this section by any state
40agency, board, or department shall be subject to the Information
P25   1Practices Act of 1977 (Chapter 1 (commencing with Section 1798)
2of Title 1.8 of Part 4 of Division 3 of the Civil Code).

3(r) Any rules and regulations issued pursuant to this section by
4any state agency, board, or department may be adopted as
5emergency regulations in accordance with the rulemaking
6provisions of the Administrative Procedure Act (Chapter 3.5
7(commencing with Section 11340) of Part 1 of Division 3 of Title
82 of the Government Code). The adoption of these regulations
9shall be deemed an emergency and necessary for the immediate
10preservation of the public peace, health, and safety, or general
11welfare. The regulations shall become effective immediately upon
12filing with the Secretary of State.

13(s) The department and boards, as appropriate, shall adopt
14regulations necessary to implement this section.

15(t) The Judicial Council shall develop the forms necessary to
16implement this section, except as provided in subdivisions (f) and
17(l).

18(u) The release or other use of information received by a board
19pursuant to this section, except as authorized by this section, is
20punishable as a misdemeanor.

21(v) The State Board of Equalization shall enter into interagency
22agreements with the department and the Franchise Tax Board that
23will require the department and the Franchise Tax Board to
24maximize the use of information collected by the State Board of
25Equalization, for child support enforcement purposes, to the extent
26it is cost effective and permitted by the Revenue and Taxation
27Code.

28(w) (1) The suspension or revocation of any driver’s license,
29including a commercial driver’s license, under this section shall
30not subject the licensee to vehicle impoundment pursuant to Section
3114602.6 of the Vehicle Code.

32(2) Notwithstanding any other law, the suspension or revocation
33of any driver’s license, including a commercial driver’s license,
34under this section shall not subject the licensee to increased costs
35for vehicle liability insurance.

36(x) If any provision of this section or the application thereof to
37any person or circumstance is held invalid, that invalidity shall not
38affect other provisions or applications of this section which can
39be given effect without the invalid provision or application, and
40to this end the provisions of this section are severable.

P26   1(y) All rights to administrative and judicial review afforded by
2this section to an applicant shall also be afforded to a licensee.

3

begin deleteSEC. 3.end delete
4begin insertSEC. 11.end insert  

Section 19528 of the Revenue and Taxation Code is
5amended to read:

6

19528.  

(a) Notwithstanding any other law, the Franchise Tax
7Board may require any board, as defined in Section 22 of the
8Business and Professions Code, and the State Bar, the Bureau of
9Real Estate, and the Insurance Commissioner (hereinafter referred
10to as licensing board) to provide to the Franchise Tax Board the
11following information with respect to every licensee:

12(1) Name.

13(2) Address or addresses of record.

14(3) Federal employer identification number, if the licensee is a
15partnership, or the licensee’s individual taxpayer identification
16number or social security number of all other licensees.

17(4) Type of license.

18(5) Effective date of license or renewal.

19(6) Expiration date of license.

20(7) Whether license is active or inactive, if known.

21(8) Whether license is new or renewal.

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

23(1) Send a notice to any licensee failing to provide the federal
24employer identification number, individual taxpayer identification
25number, or social security number as required by subdivision (a)
26of Section 30 of the Business and Professions Code and subdivision
27(a) of Section 1666.5 of the Insurance Code, describing the
28information that was missing, the penalty associated with not
29providing it, and that failure to provide the information within 30
30days will result in the assessment of the penalty.

31(2) After 30 days following the issuance of the notice described
32in paragraph (1), assess a one-hundred-dollar ($100) penalty, due
33and payable upon notice and demand, for any licensee failing to
34provide either its federal employer identification number (if the
35licensee is a partnership) or his or her individual taxpayer
36identification number or social security number (for all others) as
37required in Section 30 of the Business and Professions Code and
38Section 1666.5 of the Insurance Code.

39(c) Notwithstanding Chapter 3.5 (commencing with Section
406250) of Division 7 of Title 1 of the Government Code, the
P27   1information furnished to the Franchise Tax Board pursuant to
2Section 30 of the Business and Professions Code or Section 1666.5
3of the Insurance Code shall not be deemed to be a public record
4and shall not be open to the public for inspection.



O

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