as amended, Monning.
begin deleteContractors.end delete
The Contractors’ State License Law provides for the licensure and regulation of contractors by the Contractors’ State License Board within the Department of Consumer Affairs. The act establishes an enforcement division within the board that is required to enforce prohibitions against all forms of unlicensed activity, as specified.
This bill would authorize the enforcement division to additionally enforce the obligation to secure the payment of valid and current workers’ compensation insurance, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
(a) (1) Notwithstanding any other law, any board, as
4defined in Section 22, and the State Bar and the Bureau of Real
5Estate shall, at the time of issuance of the license, require that the
6applicant provide its federal employer identification number, if
7the applicant is a partnership, or the applicant’s social security
8number for all other applicants.
9(2) No later than January 1, 2016, in accordance with Section
10135.5, a board, as defined in Section 22, and the State Bar and the
11Bureau of Real Estate shall require either the individual taxpayer
12identification number or social security number if the applicant is
13an individual for purposes of this subdivision.
14(b) A licensee failing
to provide the federal employer
15identification number, or the individual taxpayer identification
16number or social security number shall be reported by the licensing
17board to the Franchise Tax Board. If the licensee fails to provide
18that information after notification pursuant to paragraph (1) of
19subdivision (b) of Section 19528 of the Revenue and Taxation
20Code, the licensee shall be subject to the penalty provided in
21paragraph (2) of subdivision (b) of Section 19528 of the Revenue
22and Taxation Code.
23(c) In addition to the penalty specified in subdivision (b), a
begin delete mayend delete not process an application for an initial
25license unless the applicant provides its federal employer
26identification number, or individual taxpayer identification number
27or social security number where requested on the application.
28(d) A licensing board shall, upon request of the Franchise Tax
begin delete Board,end delete furnish
P3 1to the
begin delete Franchise Tax Boardend delete
2 the following information with respect to every licensee:
4(2) Address or addresses of record.
5(3) Federal employer
identification number if the licensee is a
6partnership, or the licensee’s individual taxpayer identification
7number or social security number for all other licensees.
8(4) Type of license.
9(5) Effective date of license or a renewal.
10(6) Expiration date of license.
11(7) Whether license is active or inactive, if known.
12(8) Whether license is new or a renewal.
13(e) For the purposes of this section:
14(1) “Licensee” means a person or entity, other than a
15corporation, authorized by a license, certificate, registration, or
16other means to engage in a business or profession regulated by
17this code or referred to in Section 1000 or 3600.
18(2) “License” includes a certificate, registration, or any other
19authorization needed to engage in a business or profession
20regulated by this code or referred to in Section 1000 or 3600.
21(3) “Licensing board” means any board, as defined in Section
2222, the State Bar, and the Bureau of Real Estate.
23(f) The reports required under this section shall be filed on
24magnetic media or in other machine-readable form, according to
25standards furnished by the Franchise Tax
begin delete Board.end delete
27(g) Licensing boards shall provide to the Franchise Tax Board
28 the information
29required by this section at a time that the
begin delete Franchise Tax Boardend delete
30 may require.
31(h) Notwithstanding Chapter 3.5 (commencing with Section
326250) of Division 7 of Title 1 of the Government Code, a federal
33employer identification number, individual taxpayer identification
34number, or social security number furnished pursuant to this section
35shall not be deemed to be a public record and shall not be open to
36the public for inspection.
37(i) A deputy, agent, clerk, officer, or employee of a licensing
38board described in subdivision (a), or any former officer or
39employee or other individual who, in the course of his or her
40employment or duty, has or has had access to the information
P4 1required to be furnished under this section,
begin delete mayend delete not disclose
2or make known in any manner that information, except as provided
3in this section to the Franchise Tax Board or as provided in
5(j) It is the intent of the Legislature in enacting this section to
6utilize the federal employer identification number, individual
7taxpayer identification number, or social security number for the
8purpose of establishing the identification of persons affected by
9state tax laws and for purposes of compliance with Section 17520
10of the Family Code and, to that end, the information furnished
11pursuant to this section shall be used exclusively for those
13(k) If the board utilizes a national examination to issue a license,
14and if a reciprocity agreement or comity exists between the State
15of California and the state requesting release of the individual
16taxpayer identification number or social security number, any
17deputy, agent, clerk, officer, or employee of any licensing board
18described in subdivision (a) may release an individual taxpayer
19identification number or social security number to an examination
20or licensing entity, only for the purpose of verification of licensure
21or examination status.
22(l) For the purposes of enforcement of Section 17520 of the
23Family Code, and notwithstanding any other law, a board, as
24defined in Section 22, and the State Bar and the Bureau of Real
25Estate shall at the time of issuance of the license require that each
26licensee provide the individual taxpayer identification number or
27social security number of each individual listed on the license and
28any person who qualifies for the license. For the purposes of this
29subdivision, “licensee” means an entity that is issued a license by
30any board, as defined in Section 22, the State Bar, the Bureau of
31Real Estate, and the Department of Motor Vehicles.
Section 7011.4 of the Business and Professions Code
34 is amended to read:
(a) Notwithstanding Section 7011, there is in the
36Contractors’ State License Board, a separate enforcement division
37that shall rigorously enforce this chapter prohibiting all forms of
38unlicensed activity and shall enforce the obligation to secure the
39payment of valid and current workers’ compensation insurance in
40accordance with Section 3700.5 of the Labor Code.
P5 1(b) Persons employed as enforcement representatives of the
2Contractors’ State License Board and designated by the Director
3of Consumer Affairs shall have the authority to issue a written
4notice to appear in court pursuant to Chapter 5C (commencing
5with Section 853.5) of Title 3 of Part 2 of the Penal Code. An
6employee so designated is not a peace officer and is not entitled
7to safety member retirement benefits as a result of that designation.
8He or she does not have the power of arrest.
9(c) When participating in the activities of the Joint Enforcement
10Strike Force on the Underground Economy pursuant to Section
11329 of the Unemployment Insurance Code, the enforcement
12division shall have free access to all places of labor.