BILL ANALYSIS Ó
SB 1159
Page 1
Date of Hearing: August 6, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 1159 (Lara) - As Amended: August 4, 2014
Policy Committee: Business,
Professions and Consumer Protection Vote: 12 - 2
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill authorizes a licensing board under the Department of
Consumer Affairs (DCA), the State Bar of California and the
Bureau of Real Estate to accept an application containing an
individual's taxpayer identification number (TIN) for an initial
or renewal license in lieu of a social security number.
FISCAL EFFECT
1)One-time costs to the Department of Consumer Affairs of up to
$130,000 (various special funds) to update forms,
publications, and information technology.
2)Unknown potential costs, likely minor, to DCA's boards and
bureaus to ensure that new applicants using TINs are complying
with child support judgments. DCA's boards and bureau's
currently perform this function using applicants' social
security numbers.
3)The bill would likely result in an increase in individuals
applying for licenses at the various boards and bureaus within
DCA, leading to increased licensing revenues. The amount of
the increase is unknown.
COMMENTS
1)Purpose . According to the author, the Legislature has recently
begun to recognize the need to address arbitrary restrictions
on professional licenses with the passage of SB 1822 (Bill
Berryhill) in 2012 and AB 1024 (Gonzalez) in 2013. However,
ambiguity in other sections of state law, in particular
SB 1159
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pertaining to the issuance of professional licenses, has
created barriers to access, and created an artificial wall
that deprives many Californians of their only effective means
of economic mobility and self-sufficiency.
2)The author maintains that authorizing the use of a TIN for the
application of a professional license would ensure the
collection and reporting of information to the Franchise Tax
Board (FTB) while clarifying inconsistent laws and removing
arbitrary barriers to professional licenses.
3)Background . Current law requires that individuals applying for
a license at one of DCA's boards and bureaus provide their
social security number (or a federal employer identification
number if the licensee is a partnership). Any licensee who
does not provide this information shall be reported to the FTB
and is subject to a penalty. In addition, a licensing board
may elect not to process original license applications from
applicants who do not provide their federal employer
identification number or social security number.
The TIN is a tax processing number only available for certain
nonresident and resident aliens, their spouses, and dependents
who cannot get a social security number. It is a 9-digit
number, beginning with the number "9" and is formatted like a
social security number. An individual must apply to the IRS to
obtain a TIN. The form requires documentation substantiating
foreign/alien status and true identity for the individual.
4)Prior legislation .
a) AB 1024 (Gonzalez), Chapter 573, Statutes of 2013,
authorized the Supreme Court to admit to the practice of
law an applicant who is not lawfully present in the United
States, upon certification by the committee that the
applicant has fulfilled those requirements for admission.
b) This bill is similar to AB 1822 (Berryhill, Ch. 317,
Statutes of 2012), which authorized applicants for an
architecture license to submit an individual TIN or another
identification number, as determined by the California
Architects Board, in place of a social security number
where the applicant is not eligible for a social security
number and is not out of compliance with a child support
judgment or order, among other things.
SB 1159
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c) AB 664 (Jones), Chapter 610, Statutes of 2005,
authorized, in specified circumstances, submission of a
federal tax identification number or another identification
number, as determined by the State Bar of California, in
place of the applicant's social security number.
Analysis Prepared by : Jennifer Swenson / APPR. / (916)
319-2081