Bill Text: CA SB1159 | 2013-2014 | Regular Session | Chaptered
Bill Title: Professions and vocations: license applicants: individual tax identification number.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-28 - Chaptered by Secretary of State. Chapter 752, Statutes of 2014. [SB1159 Detail]
Download: California-2013-SB1159-Chaptered.html
BILL NUMBER: SB 1159 CHAPTERED
BILL TEXT
CHAPTER 752
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2014
APPROVED BY GOVERNOR SEPTEMBER 28, 2014
PASSED THE SENATE AUGUST 29, 2014
PASSED THE ASSEMBLY AUGUST 29, 2014
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
INTRODUCED BY Senator Lara
FEBRUARY 20, 2014
An act to amend Sections 30, 2103, 2111, 2112, 2113, 2115, 3624,
and 6533 of, and to add Section 135.5 to, 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, 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, no later than January 1, 2016, would require those
licensing bodies to require an applicant to provide either an
individual tax identification number or social security number if the
applicant is an individual. The bill 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 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 any time
prior to that date. The bill would make other conforming changes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 30 of the Business and Professions Code is
amended to read:
30. (a) (1) Notwithstanding any other law, any board, as defined
in Section 22, and the State Bar and the Bureau of Real Estate shall,
at the time of issuance of the license, require that the applicant
provide its federal employer identification number, if the applicant
is a partnership, or the applicant's social security number for all
other applicants.
(2) No later than January 1, 2016, in accordance with Section
135.5, a board, as defined in Section 22, and the State Bar and the
Bureau of Real Estate shall require either the individual taxpayer
identification number or social security number if the applicant is
an individual for purposes of this subdivision.
(b) A licensee failing to provide the federal employer
identification number, or the individual taxpayer identification
number or social security number shall be reported by the licensing
board to the Franchise Tax Board. If the licensee fails to provide
that information after notification pursuant to paragraph (1) of
subdivision (b) of Section 19528 of the Revenue and Taxation Code,
the licensee shall be subject to the penalty provided in paragraph
(2) of subdivision (b) of Section 19528 of the Revenue and Taxation
Code.
(c) In addition to the penalty specified in subdivision (b), a
licensing board may not process an application for an initial license
unless the applicant provides its federal employer identification
number, or individual taxpayer identification number or social
security number where requested on the application.
(d) A licensing board shall, upon request of the Franchise Tax
Board, furnish to the Franchise Tax Board the following information
with respect to every licensee:
(1) Name.
(2) Address or addresses of record.
(3) Federal employer identification number if the licensee is a
partnership, or the licensee's individual taxpayer identification
number or social security number for all other licensees.
(4) Type of license.
(5) Effective date of license or a renewal.
(6) Expiration date of license.
(7) Whether license is active or inactive, if known.
(8) Whether license is new or a renewal.
(e) For the purposes of this section:
(1) "Licensee" means a person or entity, other than a corporation,
authorized by a license, certificate, registration, or other means
to engage in a business or profession regulated by this code or
referred to in Section 1000 or 3600.
(2) "License" includes a certificate, registration, or any other
authorization needed to engage in a business or profession regulated
by this code or referred to in Section 1000 or 3600.
(3) "Licensing board" means any board, as defined in Section 22,
the State Bar, and the Bureau of Real Estate.
(f) The reports required under this section shall be filed on
magnetic media or in other machine-readable form, according to
standards furnished by the Franchise Tax Board.
(g) Licensing boards shall provide to the Franchise Tax Board the
information required by this section at a time that the Franchise Tax
Board may require.
(h) Notwithstanding Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code, a federal employer
identification number, individual taxpayer identification number, or
social security number furnished pursuant to this section shall not
be deemed to be a public record and shall not be open to the public
for inspection.
(i) A deputy, agent, clerk, officer, or employee of a licensing
board described in subdivision (a), or any former officer or employee
or other individual who, in the course of his or her employment or
duty, has or has had access to the information required to be
furnished under this section, may not disclose or make known in any
manner that information, except as provided in this section to the
Franchise Tax Board or as provided in subdivision (k).
(j) It is the intent of the Legislature in enacting this section
to utilize the federal employer identification number, individual
taxpayer identification number, or social security number for the
purpose of establishing the identification of persons affected by
state tax laws and for purposes of compliance with Section 17520 of
the Family Code and, to that end, the information furnished pursuant
to this section shall be used exclusively for those purposes.
(k) If the board utilizes a national examination to issue a
license, and if a reciprocity agreement or comity exists between the
State of California and the state requesting release of the
individual taxpayer identification number or social security number,
any deputy, agent, clerk, officer, or employee of any licensing board
described in subdivision (a) may release an individual taxpayer
identification number or social security number to an examination or
licensing entity, only for the purpose of verification of licensure
or examination status.
( l ) For the purposes of enforcement of Section 17520
of the Family Code, and notwithstanding any other law, a board, as
defined in Section 22, and the State Bar and the Bureau of Real
Estate shall at the time of issuance of the license require that each
licensee provide the individual taxpayer identification number or
social security number of each individual listed on the license and
any person who qualifies for the license. For the purposes of this
subdivision, "licensee" means an entity that is issued a license by
any board, as defined in Section 22, the State Bar, the Bureau of
Real Estate, and the Department of Motor Vehicles.
SEC. 2. Section 135.5 is added to the Business and Professions
Code, to read:
135.5. (a) The Legislature finds and declares that it is in the
best interests of the State of California to provide persons who are
not lawfully present in the United States with the state benefits
provided by all licensing acts of entities within the department, and
therefore enacts this section pursuant to subsection (d) of Section
1621 of Title 8 of the United States Code.
(b) Notwithstanding subdivision (a) of Section 30, and except as
required by subdivision (e) of Section 7583.23, no entity within the
department shall deny licensure to an applicant based on his or her
citizenship status or immigration status.
(c) Every board within the department shall implement all required
regulatory or procedural changes necessary to implement this section
no later than January 1, 2016. A board may implement the provisions
of this section at any time prior to January 1, 2016.
SEC. 3. Section 2103 of the Business and Professions Code is
amended to read:
2103. An applicant shall be eligible for a physician's and
surgeon's certificate if he or she has completed the following
requirements:
(a) Submitted official evidence satisfactory to the board of
completion of a resident course or professional instruction
equivalent to that required in Section 2089 in a medical school
located outside the United States or Canada. However, nothing in this
section shall be construed to require the board to evaluate for
equivalency any coursework obtained at a medical school disapproved
by the board pursuant to Article 4 (commencing with Section 2080).
(b) Submitted official evidence satisfactory to the board of
completion of all formal requirements of the medical school for
graduation, except the applicant shall not be required to have
completed an internship or social service or be admitted or licensed
to practice medicine in the country in which the professional
instruction was completed.
(c) Attained a score satisfactory to an approved medical school on
a qualifying examination acceptable to the board.
(d) Successfully completed one academic year of supervised
clinical training in a program approved by the board pursuant to
Section 2104. The board shall also recognize as compliance with this
subdivision the successful completion of a one-year supervised
clinical medical internship operated by a medical school pursuant to
Chapter 85 of the Statutes of 1972 and as amended by Chapter 888 of
the Statutes of 1973 as the equivalent of the year of supervised
clinical training required by this section.
(1) Training received in the academic year of supervised clinical
training approved pursuant to Section 2104 shall be considered as
part of the total academic curriculum for purposes of meeting the
requirements of Sections 2089 and 2089.5.
(2) An applicant who has passed the basic science and English
language examinations required for certification by the Educational
Commission for Foreign Medical Graduates may present evidence of
those passing scores along with a certificate of completion of one
academic year of supervised clinical training in a program approved
by the board pursuant to Section 2104 in satisfaction of the formal
certification requirements of subdivision (b) of Section 2102.
(e) Satisfactorily completed the postgraduate training required
under Section 2096.
(f) Passed the written examination required for certification as a
physician and surgeon under this chapter.
SEC. 4. Section 2111 of the Business and Professions Code is
amended to read:
2111. (a) Physicians who are not citizens but who meet the
requirements of subdivision (b) and who seek postgraduate study in an
approved medical school may, after receipt of an appointment from
the dean of the California medical school and application to and
approval by the Division of Licensing, be permitted to participate in
the professional activities of the department or division in the
medical school to which they are appointed. The physician shall be
under the direction of the head of the department to which he or she
is appointed, supervised by the staff of the medical school's medical
center, and known for these purposes as a "visiting fellow." The
visiting fellow shall wear a visible name tag containing the title
"visiting fellow" when he or she provides clinical services.
(b) (1) Application for approval shall be made on a form
prescribed by the division and shall be accompanied by a fee fixed by
the division in an amount necessary to recover the actual
application processing costs of the program. The application shall
show that the person does not immediately qualify for a physician's
and surgeon's certificate under this chapter and that the person has
completed at least three years of postgraduate basic residency
requirements. The application shall include a written statement of
the recruitment procedures followed by the medical school before
offering the appointment to the applicant.
(2) Approval shall be granted only for appointment to one medical
school, and no physician shall be granted more than one approval for
the same period of time.
(3) Approval may be granted for a maximum of three years and shall
be renewed annually. The medical school shall submit a request for
renewal on a form prescribed by the division, which shall be
accompanied by a renewal fee fixed by the division in a amount
necessary to recover the actual application processing costs of the
program.
(c) Except to the extent authorized by this section, the visiting
fellow may not engage in the practice of medicine. Neither the
visiting fellow nor the medical school may assess any charge for the
medical services provided by the visiting fellow, and the visiting
fellow may not receive any other compensation therefor.
(d) The time spent under appointment in a medical school pursuant
to this section may not be used to meet the requirements for
licensure under Section 2102.
(e) The division shall notify both the visiting fellow and the
dean of the appointing medical school of any complaint made about the
visiting fellow.
The division may terminate its approval of an appointment for any
act that would be grounds for discipline if done by a licensee. The
division shall provide both the visiting fellow and the dean of the
medical school with a written notice of termination including the
basis for that termination. The visiting fellow may, within 30 days
after the date of the notice of termination, file a written appeal to
the division. The appeal shall include any documentation the
visiting fellow wishes to present to the division.
(f) Nothing in this section shall preclude any United States
citizen who has received his or her medical degree from a medical
school located in a foreign country and recognized by the division
from participating in any program established pursuant to this
section.
SEC. 5. Section 2112 of the Business and Professions Code is
amended to read:
2112. (a) Physicians who are not citizens and who seek
postgraduate study, may, after application to and approval by the
Division of Licensing, be permitted to participate in a fellowship
program in a specialty or subspecialty field, providing the
fellowship program is given in a hospital in this state which is
approved by the Joint Committee on Accreditation of Hospitals and
providing the service is satisfactory to the division. Such
physicians shall at all times be under the direction and supervision
of a licensed, board-certified physician and surgeon who is
recognized as a clearly outstanding specialist in the field in which
the foreign fellow is to be trained. The supervisor, as part of the
application process, shall submit his or her curriculum vitae and a
protocol of the fellowship program to be completed by the foreign
fellow. Approval of the program and supervisor is for a period of one
year, but may be renewed annually upon application to and approval
by the division. The approval may not be renewed more than four
times. The division may determine a fee, based on the cost of
operating this program, which shall be paid by the applicant at the
time the application is filed.
(b) Except to the extent authorized by this section, no such
visiting physician may engage in the practice of medicine or receive
compensation therefor. The time spent under appointment in a medical
school pursuant to this section may not be used to meet the
requirements for licensure under Section 2101 or 2102.
(c) Nothing in this section shall preclude any United States
citizen who has received his or her medical degree from a medical
school located in a foreign country from participating in any program
established pursuant to this section.
SEC. 6. Section 2113 of the Business and Professions Code is
amended to read:
2113. (a) Any person who does not immediately qualify for a
physician's and surgeon's certificate under this chapter and who is
offered by the dean of an approved medical school in this state a
full-time faculty position may, after application to and approval by
the Division of Licensing, be granted a certificate of registration
to engage in the practice of medicine only to the extent that the
practice is incident to and a necessary part of his or her duties as
approved by the division in connection with the faculty position. A
certificate of registration does not authorize a registrant to admit
patients to a nursing or a skilled or assisted living facility unless
that facility is formally affiliated with the sponsoring medical
school. A clinical fellowship shall not be submitted as a faculty
service appointment.
(b) Application for a certificate of registration shall be made on
a form prescribed by the division and shall be accompanied by a
registration fee fixed by the division in a amount necessary to
recover the actual application processing costs of the program. To
qualify for the certificate, an applicant shall submit all of the
following:
(1) If the applicant is a graduate of a medical school other than
in the United States or Canada, documentary evidence satisfactory to
the division that he or she has been licensed to practice medicine
and surgery for not less than four years in another state or country
whose requirements for licensure are satisfactory to the division, or
has been engaged in the practice of medicine in the United States
for at least four years in approved facilities, or has completed a
combination of that licensure and training.
(2) If the applicant is a graduate of an approved medical school
in the United States or Canada, documentary evidence that he or she
has completed a resident course of professional instruction as
required in Section 2089.
(3) Written certification by the head of the department in which
the applicant is to be appointed of all of the following:
(A) The applicant will be under his or her direction.
(B) The applicant will not be permitted to practice medicine
unless incident to and a necessary part of his or her duties as
approved by the division in subdivision (a).
(C) The applicant will be accountable to the medical school's
department chair or division chief for the specialty in which the
applicant will practice.
(D) The applicant will be proctored in the same manner as other
new faculty members, including, as appropriate, review by the medical
staff of the school's medical center.
(E) The applicant will not be appointed to a supervisory position
at the level of a medical school department chair or division chief.
(4) Demonstration by the dean of the medical school that the
applicant has the requisite qualifications to assume the position to
which he or she is to be appointed and that shall include a written
statement of the recruitment procedures followed by the medical
school before offering the faculty position to the applicant.
(c) A certificate of registration shall be issued only for a
faculty position at one approved medical school, and no person shall
be issued more than one certificate of registration for the same
period of time.
(d) (1) A certificate of registration is valid for one year from
its date of issuance and may be renewed twice.
A request for renewal shall be submitted on a form prescribed by
the division and shall be accompanied by a renewal fee fixed by the
division in an amount necessary to recover the actual application
processing costs of the program.
(2) The dean of the medical school may request renewal of the
registration by submitting a plan at the beginning of the third year
of the registrant's appointment demonstrating the registrant's
continued progress toward licensure and, if the registrant is a
graduate of a medical school other than in the United States or
Canada, that the registrant has been issued a certificate by the
Educational Commission for Foreign Medical Graduates. The division
may, in its discretion, extend the registration for a two-year period
to facilitate the registrant's completion of the licensure process.
(e) If the registrant is a graduate of a medical school other than
in the United States or Canada, he or she shall meet the
requirements of Section 2102 or 2135, as appropriate, in order to
obtain a physician's and surgeon's certificate. Notwithstanding any
other provision of law, the division may accept clinical practice in
an appointment pursuant to this section as qualifying time to meet
the postgraduate training requirements in Section 2102, and may, in
its discretion, waive the examination and the Educational Commission
for Foreign Medical Graduates certification requirements specified in
Section 2102 in the event the registrant applies for a physician's
and surgeon's certificate. As a condition to waiving any examination
or the Educational Commission for Foreign Medical Graduates
certification requirement, the division in its discretion, may
require an applicant to pass the clinical competency examination
referred to in subdivision (d) of Section 2135. The division shall
not waive any examination for an applicant who has not completed at
least one year in the faculty position.
(f) Except to the extent authorized by this section, the
registrant shall not engage in the practice of medicine, bill
individually for medical services provided by the registrant, or
receive compensation therefor, unless he or she is issued a physician'
s and surgeon's certificate.
(g) When providing clinical services, the registrant shall wear a
visible name tag containing the title "visiting professor" or
"visiting faculty member," as appropriate, and the institution at
which the services are provided shall obtain a signed statement from
each patient to whom the registrant provides services acknowledging
that the patient understands that the services are provided by a
person who does not hold a physician's and surgeon's certificate but
who is qualified to participate in a special program as a visiting
professor or faculty member.
(h) The division shall notify both the registrant and the dean of
the medical school of a complaint made about the registrant. The
division may terminate a registration for any act that would be
grounds for discipline if done by a licensee. The division shall
provide both the registrant and the dean of the medical school with
written notice of the termination and the basis for that termination.
The registrant may, within 30 days after the date of the notice of
termination, file a written appeal to the division. The appeal shall
include any documentation the registrant wishes to present to the
division.
SEC. 7. Section 2115 of the Business and Professions Code is
amended to read:
2115. (a) Physicians who are not citizens and who seek
postgraduate study may, after application to and approval by the
Division of Licensing, be permitted to participate in a fellowship
program in a specialty or subspecialty field, providing the
fellowship program is given in a clinic or hospital in a medically
underserved area of this state that is licensed by the State
Department of Health Services or is exempt from licensure pursuant to
subdivision (b) or (c) of Section 1206 of the Health and Safety
Code, and providing service is satisfactory to the division. These
physicians shall at all times be under the direction and supervision
of a licensed, board certified physician and surgeon who has an
appointment with a medical school in California and is a specialist
in the field in which the fellow is to be trained. The supervisor, as
part of the application process, shall submit his or her curriculum
vitae and a protocol of the fellowship program to be completed by the
foreign fellow. Approval of the program and supervisor is for a
period of one year, but may be renewed annually upon application to
and approval by the division. The approval may not be renewed more
than four times. The division may determine a fee, based on the cost
of operating this program, which shall be paid by the applicant at
the time the application is filed.
(b) Except to the extent authorized by this section, no visiting
physician may engage in the practice of medicine or receive
compensation therefor. The time spent under appointment in a clinic
pursuant to this section may not be used to meet the requirements for
licensure under Section 2102.
(c) Nothing in this section shall preclude any United States
citizen who has received his or her medical degree from a medical
school located in a foreign country from participating in any program
established pursuant to this section.
(d) For purposes of this section, a medically underserved area
means a federally designated Medically Underserved Area, a federally
designated Health Professional Shortage Area, and any other clinic or
hospital determined by the board to be medically underserved.
Clinics or hospitals determined by the board pursuant to this
subdivision shall be reported to the Office of Statewide Health
Planning and Development.
SEC. 8. Section 3624 of the Business and Professions Code is
amended to read:
3624. (a) The committee may grant a certificate of registration
to practice naturopathic medicine to a person who does not hold a
naturopathic doctor's license under this chapter and is offered a
faculty position by the dean of a naturopathic medical education
program approved by the committee, if all of the following
requirements are met to the satisfaction of the committee:
(1) The applicant submits an application on a form prescribed by
the committee.
(2) The dean of the naturopathic medical education program
demonstrates that the applicant has the requisite qualifications to
assume the position to which he or she is to be appointed.
(3) The dean of the naturopathic medical education program
certifies in writing to the committee that the applicant will be
under his or her direction and will not be permitted to practice
naturopathic medicine unless incident to and a necessary part of the
applicant's duties as approved by the committee.
(b) The holder of a certificate of registration issued under this
section shall not receive compensation for or practice naturopathic
medicine unless it is incidental to and a necessary part of the
applicant's duties in connection with the holder's faculty position.
(c) A certificate of registration issued under this section is
valid for two years.
SEC. 9. Section 6533 of the Business and Professions Code is
amended to read:
6533. In order to meet the qualifications for licensure as a
professional fiduciary a person shall meet all of the following
requirements:
(a) Be at least 21 years of age.
(b) Have not committed any acts that are grounds for denial of a
license under Section 480 or 6536.
(c) Submit fingerprint images as specified in Section 6533.5 in
order to obtain criminal offender record information.
(d) Have completed the required prelicensing education described
in Section 6538.
(e) Have passed the licensing examination administered by the
bureau pursuant to Section 6539.
(f) Have at least one of the following:
(1) A baccalaureate degree of arts or sciences from a college or
university accredited by a nationally recognized accrediting body of
colleges and universities or a higher level of education.
(2) An associate of arts or sciences degree from a college or
university accredited by a nationally recognized accrediting body of
colleges and universities, and at least three years of experience
working as a professional fiduciary or working with substantive
fiduciary responsibilities for a professional fiduciary, public
agency, or financial institution acting as a conservator, guardian,
trustee, personal representative, or agent under a power of attorney.
(3) Experience of not less than five years, prior to July 1, 2012,
working as a professional fiduciary or working with substantive
fiduciary responsibilities for a professional fiduciary, public
agency, or financial institution acting as a conservator, guardian,
trustee, personal representative, or agent under a power of attorney.
(g)
Agree to adhere to the Professional Fiduciaries Code of Ethics and to
all statutes and regulations.
(h) Consent to the bureau conducting a credit check on the
applicant.
(i) File a completed application for licensure with the bureau on
a form provided by the bureau and signed by the applicant under
penalty of perjury.
(j) Submit with the license application a nonrefundable
application fee, as specified in this chapter.
SEC. 10. Section 17520 of the Family Code is amended to read:
17520. (a) As used in this section:
(1) "Applicant" means a person applying for issuance or renewal of
a license.
(2) "Board" means an entity specified in Section 101 of the
Business and Professions Code, the entities referred to in Sections
1000 and 3600 of the Business and Professions Code, the State Bar,
the Bureau of Real Estate, the Department of Motor Vehicles, the
Secretary of State, the Department of Fish and Wildlife, and any
other state commission, department, committee, examiner, or agency
that issues a license, certificate, credential, permit, registration,
or any other authorization to engage in a business, occupation, or
profession, or to the extent required by federal law or regulations,
for recreational purposes. This term includes all boards,
commissions, departments, committees, examiners, entities, and
agencies that issue a license, certificate, credential, permit,
registration, or any other authorization to engage in a business,
occupation, or profession. The failure to specifically name a
particular board, commission, department, committee, examiner,
entity, or agency that issues a license, certificate, credential,
permit, registration, or any other authorization to engage in a
business, occupation, or profession does not exclude that board,
commission, department, committee, examiner, entity, or agency from
this term.
(3) "Certified list" means a list provided by the local child
support agency to the Department of Child Support Services in which
the local child support agency verifies, under penalty of perjury,
that the names contained therein are support obligors found to be out
of compliance with a judgment or order for support in a case being
enforced under Title IV-D of the federal Social Security Act.
(4) "Compliance with a judgment or order for support" means that,
as set forth in a judgment or order for child or family support, the
obligor is no more than 30 calendar days in arrears in making
payments in full for current support, in making periodic payments in
full, whether court ordered or by agreement with the local child
support agency, on a support arrearage, or in making periodic
payments in full, whether court ordered or by agreement with the
local child support agency, on a judgment for reimbursement for
public assistance, or has obtained a judicial finding that equitable
estoppel as provided in statute or case law precludes enforcement of
the order. The local child support agency is authorized to use this
section to enforce orders for spousal support only when the local
child support agency is also enforcing a related child support
obligation owed to the obligee parent by the same obligor, pursuant
to Sections 17400 and 17604.
(5) "License" includes membership in the State Bar, and a
certificate, credential, permit, registration, or any other
authorization issued by a board that allows a person to engage in a
business, occupation, or profession, or to operate a commercial motor
vehicle, including appointment and commission by the Secretary of
State as a notary public. "License" also includes any driver's
license issued by the Department of Motor Vehicles, any commercial
fishing license issued by the Department of Fish and Wildlife, and to
the extent required by federal law or regulations, any license used
for recreational purposes. This term includes all licenses,
certificates, credentials, permits, registrations, or any other
authorization issued by a board that allows a person to engage in a
business, occupation, or profession. The failure to specifically name
a particular type of license, certificate, credential, permit,
registration, or other authorization issued by a board that allows a
person to engage in a business, occupation, or profession, does not
exclude that license, certificate, credential, permit, registration,
or other authorization from this term.
(6) "Licensee" means a person holding a license, certificate,
credential, permit, registration, or other authorization issued by a
board, to engage in a business, occupation, or profession, or a
commercial driver's license as defined in Section 15210 of the
Vehicle Code, including an appointment and commission by the
Secretary of State as a notary public. "Licensee" also means a person
holding a driver's license issued by the Department of Motor
Vehicles, a person holding a commercial fishing license issued by the
Department of Fish and Game, and to the extent required by federal
law or regulations, a person holding a license used for recreational
purposes. This term includes all persons holding a license,
certificate, credential, permit, registration, or any other
authorization to engage in a business, occupation, or profession, and
the failure to specifically name a particular type of license,
certificate, credential, permit, registration, or other authorization
issued by a board does not exclude that person from this term. For
licenses issued to an entity that is not an individual person,
"licensee" includes an individual who is either listed on the license
or who qualifies for the license.
(b) The local child support agency shall maintain a list of those
persons included in a case being enforced under Title IV-D of the
federal Social Security Act against whom a support order or judgment
has been rendered by, or registered in, a court of this state, and
who are not in compliance with that order or judgment. The local
child support agency shall submit a certified list with the names,
social security numbers, and last known addresses of these persons
and the name, address, and telephone number of the local child
support agency who certified the list to the department. The local
child support agency shall verify, under penalty of perjury, that the
persons listed are subject to an order or judgment for the payment
of support and that these persons are not in compliance with the
order or judgment. The local child support agency shall submit to the
department an updated certified list on a monthly basis.
(c) The department shall consolidate the certified lists received
from the local child support agencies and, within 30 calendar days of
receipt, shall provide a copy of the consolidated list to each board
that is responsible for the regulation of licenses, as specified in
this section.
(d) On or before November 1, 1992, or as soon thereafter as
economically feasible, as determined by the department, all boards
subject to this section shall implement procedures to accept and
process the list provided by the department, in accordance with this
section. Notwithstanding any other law, all boards shall collect
social security numbers or individual taxpayer identification numbers
from all applicants for the purposes of matching the names of the
certified list provided by the department to applicants and licensees
and of responding to requests for this information made by child
support agencies.
(e) (1) Promptly after receiving the certified consolidated list
from the department, and prior to the issuance or renewal of a
license, each board shall determine whether the applicant is on the
most recent certified consolidated list provided by the department.
The board shall have the authority to withhold issuance or renewal of
the license of an applicant on the list.
(2) If an applicant is on the list, the board shall immediately
serve notice as specified in subdivision (f) on the applicant of the
board's intent to withhold issuance or renewal of the license. The
notice shall be made personally or by mail to the applicant's last
known mailing address on file with the board. Service by mail shall
be complete in accordance with Section 1013 of the Code of Civil
Procedure.
(A) The board shall issue a temporary license valid for a period
of 150 days to any applicant whose name is on the certified list if
the applicant is otherwise eligible for a license.
(B) Except as provided in subparagraph (D), the 150-day time
period for a temporary license shall not be extended. Except as
provided in subparagraph (D), only one temporary license shall be
issued during a regular license term and it shall coincide with the
first 150 days of that license term. As this paragraph applies to
commercial driver's licenses, "license term" shall be deemed to be 12
months from the date the application fee is received by the
Department of Motor Vehicles. A license for the full or remainder of
the license term shall be issued or renewed only upon compliance with
this section.
(C) In the event that a license or application for a license or
the renewal of a license is denied pursuant to this section, any
funds paid by the applicant or licensee shall not be refunded by the
board.
(D) This paragraph shall apply only in the case of a driver's
license, other than a commercial driver's license. Upon the request
of the local child support agency or by order of the court upon a
showing of good cause, the board shall extend a 150-day temporary
license for a period not to exceed 150 extra days.
(3) (A) The department may, when it is economically feasible for
the department and the boards to do so as determined by the
department, in cases where the department is aware that certain child
support obligors listed on the certified lists have been out of
compliance with a judgment or order for support for more than four
months, provide a supplemental list of these obligors to each board
with which the department has an interagency agreement to implement
this paragraph. Upon request by the department, the licenses of these
obligors shall be subject to suspension, provided that the licenses
would not otherwise be eligible for renewal within six months from
the date of the request by the department. The board shall have the
authority to suspend the license of any licensee on this supplemental
list.
(B) If a licensee is on a supplemental list, the board shall
immediately serve notice as specified in subdivision (f) on the
licensee that his or her license will be automatically suspended 150
days after notice is served, unless compliance with this section is
achieved. The notice shall be made personally or by mail to the
licensee's last known mailing address on file with the board. Service
by mail shall be complete in accordance with Section 1013 of the
Code of Civil Procedure.
(C) The 150-day notice period shall not be extended.
(D) In the event that any license is suspended pursuant to this
section, any funds paid by the licensee shall not be refunded by the
board.
(E) This paragraph shall not apply to licenses subject to annual
renewal or annual fee.
(f) Notices shall be developed by each board in accordance with
guidelines provided by the department and subject to approval by the
department. The notice shall include the address and telephone number
of the local child support agency that submitted the name on the
certified list, and shall emphasize the necessity of obtaining a
release from that local child support agency as a condition for the
issuance, renewal, or continued valid status of a license or
licenses.
(1) In the case of applicants not subject to paragraph (3) of
subdivision (e), the notice shall inform the applicant that the board
shall issue a temporary license, as provided in subparagraph (A) of
paragraph (2) of subdivision (e), for 150 calendar days if the
applicant is otherwise eligible and that upon expiration of that time
period the license will be denied unless the board has received a
release from the local child support agency that submitted the name
on the certified list.
(2) In the case of licensees named on a supplemental list, the
notice shall inform the licensee that his or her license will
continue in its existing status for no more than 150 calendar days
from the date of mailing or service of the notice and thereafter will
be suspended indefinitely unless, during the 150-day notice period,
the board has received a release from the local child support agency
that submitted the name on the certified list. Additionally, the
notice shall inform the licensee that any license suspended under
this section will remain so until the expiration of the remaining
license term, unless the board receives a release along with
applications and fees, if applicable, to reinstate the license during
the license term.
(3) The notice shall also inform the applicant or licensee that if
an application is denied or a license is suspended pursuant to this
section, any funds paid by the applicant or licensee shall not be
refunded by the board. The Department of Child Support Services shall
also develop a form that the applicant shall use to request a review
by the local child support agency. A copy of this form shall be
included with every notice sent pursuant to this subdivision.
(g) (1) Each local child support agency shall maintain review
procedures consistent with this section to allow an applicant to have
the underlying arrearage and any relevant defenses investigated, to
provide an applicant information on the process of obtaining a
modification of a support order, or to provide an applicant
assistance in the establishment of a payment schedule on arrearages
if the circumstances so warrant.
(2) It is the intent of the Legislature that a court or local
child support agency, when determining an appropriate payment
schedule for arrearages, base its decision on the facts of the
particular case and the priority of payment of child support over
other debts. The payment schedule shall also recognize that certain
expenses may be essential to enable an obligor to be employed.
Therefore, in reaching its decision, the court or the local child
support agency shall consider both of these goals in setting a
payment schedule for arrearages.
(h) If the applicant wishes to challenge the submission of his or
her name on the certified list, the applicant shall make a timely
written request for review to the local child support agency who
certified the applicant's name. A request for review pursuant to this
section shall be resolved in the same manner and timeframe provided
for resolution of a complaint pursuant to Section 17800. The local
child support agency shall immediately send a release to the
appropriate board and the applicant, if any of the following
conditions are met:
(1) The applicant is found to be in compliance or negotiates an
agreement with the local child support agency for a payment schedule
on arrearages or reimbursement.
(2) The applicant has submitted a request for review, but the
local child support agency will be unable to complete the review and
send notice of its findings to the applicant within the time
specified in Section 17800.
(3) The applicant has filed and served a request for judicial
review pursuant to this section, but a resolution of that review will
not be made within 150 days of the date of service of notice
pursuant to subdivision (f). This paragraph applies only if the delay
in completing the judicial review process is not the result of the
applicant's failure to act in a reasonable, timely, and diligent
manner upon receiving the local child support agency's notice of
findings.
(4) The applicant has obtained a judicial finding of compliance as
defined in this section.
(i) An applicant is required to act with diligence in responding
to notices from the board and the local child support agency with the
recognition that the temporary license will lapse or the license
suspension will go into effect after 150 days and that the local
child support agency and, where appropriate, the court must have time
to act within that period. An applicant's delay in acting, without
good cause, which directly results in the inability of the local
child support agency to complete a review of the applicant's request
or the court to hear the request for judicial review within the
150-day period shall not constitute the diligence required under this
section which would justify the issuance of a release.
(j) Except as otherwise provided in this section, the local child
support agency shall not issue a release if the applicant is not in
compliance with the judgment or order for support. The local child
support agency shall notify the applicant in writing that the
applicant may, by filing an order to show cause or notice of motion,
request any or all of the following:
(1) Judicial review of the local child support agency's decision
not to issue a release.
(2) A judicial determination of compliance.
(3) A modification of the support judgment or order.
The notice shall also contain the name and address of the court in
which the applicant shall file the order to show cause or notice of
motion and inform the applicant that his or her name shall remain on
the certified list if the applicant does not timely request judicial
review. The applicant shall comply with all statutes and rules of
court regarding orders to show cause and notices of motion.
This section shall not be deemed to limit an applicant from filing
an order to show cause or notice of motion to modify a support
judgment or order or to fix a payment schedule on arrearages accruing
under a support judgment or order or to obtain a court finding of
compliance with a judgment or order for support.
(k) The request for judicial review of the local child support
agency's decision shall state the grounds for which review is
requested and judicial review shall be limited to those stated
grounds. The court shall hold an evidentiary hearing within 20
calendar days of the filing of the request for review. Judicial
review of the local child support agency's decision shall be limited
to a determination of each of the following issues:
(1) Whether there is a support judgment, order, or payment
schedule on arrearages or reimbursement.
(2) Whether the petitioner is the obligor covered by the support
judgment or order.
(3) Whether the support obligor is or is not in compliance with
the judgment or order of support.
(4) (A) The extent to which the needs of the obligor, taking into
account the obligor's payment history and the current circumstances
of both the obligor and the obligee, warrant a conditional release as
described in this subdivision.
(B) The request for judicial review shall be served by the
applicant upon the local child support agency that submitted the
applicant's name on the certified list within seven calendar days of
the filing of the petition. The court has the authority to uphold the
action, unconditionally release the license, or conditionally
release the license.
(C) If the judicial review results in a finding by the court that
the obligor is in compliance with the judgment or order for support,
the local child support agency shall immediately send a release in
accordance with subdivision ( l ) to the appropriate board
and the applicant. If the judicial review results in a finding by the
court that the needs of the obligor warrant a conditional release,
the court shall make findings of fact stating the basis for the
release and the payment necessary to satisfy the unrestricted
issuance or renewal of the license without prejudice to a later
judicial determination of the amount of support arrearages, including
interest, and shall specify payment terms, compliance with which are
necessary to allow the release to remain in effect.
( l ) The department shall prescribe release forms for
use by local child support agencies. When the obligor is in
compliance, the local child support agency shall mail to the
applicant and the appropriate board a release stating that the
applicant is in compliance. The receipt of a release shall serve to
notify the applicant and the board that, for the purposes of this
section, the applicant is in compliance with the judgment or order
for support. Any board that has received a release from the local
child support agency pursuant to this subdivision shall process the
release within five business days of its receipt.
If the local child support agency determines subsequent to the
issuance of a release that the applicant is once again not in
compliance with a judgment or order for support, or with the terms of
repayment as described in this subdivision, the local child support
agency may notify the board, the obligor, and the department in a
format prescribed by the department that the obligor is not in
compliance.
The department may, when it is economically feasible for the
department and the boards to develop an automated process for
complying with this subdivision, notify the boards in a manner
prescribed by the department, that the obligor is once again not in
compliance. Upon receipt of this notice, the board shall immediately
notify the obligor on a form prescribed by the department that the
obligor's license will be suspended on a specific date, and this date
shall be no longer than 30 days from the date the form is mailed.
The obligor shall be further notified that the license will remain
suspended until a new release is issued in accordance with
subdivision (h). Nothing in this section shall be deemed to limit the
obligor from seeking judicial review of suspension pursuant to the
procedures described in subdivision (k).
(m) The department may enter into interagency agreements with the
state agencies that have responsibility for the administration of
boards necessary to implement this section, to the extent that it is
cost effective to implement this section. These agreements shall
provide for the receipt by the other state agencies and boards of
federal funds to cover that portion of costs allowable in federal law
and regulation and incurred by the state agencies and boards in
implementing this section. Notwithstanding any other provision of
law, revenue generated by a board or state agency shall be used to
fund the nonfederal share of costs incurred pursuant to this section.
These agreements shall provide that boards shall reimburse the
department for the nonfederal share of costs incurred by the
department in implementing this section. The boards shall reimburse
the department for the nonfederal share of costs incurred pursuant to
this section from moneys collected from applicants and licensees.
(n) Notwithstanding any other law, in order for the boards subject
to this section to be reimbursed for the costs incurred in
administering its provisions, the boards may, with the approval of
the appropriate department director, levy on all licensees and
applicants a surcharge on any fee or fees collected pursuant to law,
or, alternatively, with the approval of the appropriate department
director, levy on the applicants or licensees named on a certified
list or supplemental list, a special fee.
(o) The process described in subdivision (h) shall constitute the
sole administrative remedy for contesting the issuance of a temporary
license or the denial or suspension of a license under this section.
The procedures specified in the administrative adjudication
provisions of the Administrative Procedure Act (Chapter 4.5
(commencing with Section 11400) and Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code) shall not apply to the denial, suspension, or failure to issue
or renew a license or the issuance of a temporary license pursuant to
this section.
(p) In furtherance of the public policy of increasing child
support enforcement and collections, on or before November 1, 1995,
the State Department of Social Services shall make a report to the
Legislature and the Governor based on data collected by the boards
and the district attorneys in a format prescribed by the State
Department of Social Services. The report shall contain all of the
following:
(1) The number of delinquent obligors certified by district
attorneys under this section.
(2) The number of support obligors who also were applicants or
licensees subject to this section.
(3) The number of new licenses and renewals that were delayed,
temporary licenses issued, and licenses suspended subject to this
section and the number of new licenses and renewals granted and
licenses reinstated following board receipt of releases as provided
by subdivision (h) by May 1, 1995.
(4) The costs incurred in the implementation and enforcement of
this section.
(q) Any board receiving an inquiry as to the licensed status of an
applicant or licensee who has had a license denied or suspended
under this section or has been granted a temporary license under this
section shall respond only that the license was denied or suspended
or the temporary license was issued pursuant to this section.
Information collected pursuant to this section by any state agency,
board, or department shall be subject to the Information Practices
Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of
Part 4 of Division 3 of the Civil Code).
(r) Any rules and regulations issued pursuant to this section by
any state agency, board, or department may be adopted as emergency
regulations in accordance with the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
The adoption of these regulations shall be deemed an emergency and
necessary for the immediate preservation of the public peace, health,
and safety, or general welfare. The regulations shall become
effective immediately upon filing with the Secretary of State.
(s) The department and boards, as appropriate, shall adopt
regulations necessary to implement this section.
(t) The Judicial Council shall develop the forms necessary to
implement this section, except as provided in subdivisions (f) and (
l ).
(u) The release or other use of information received by a board
pursuant to this section, except as authorized by this section, is
punishable as a misdemeanor.
(v) The State Board of Equalization shall enter into interagency
agreements with the department and the Franchise Tax Board that will
require the department and the Franchise Tax Board to maximize the
use of information collected by the State Board of Equalization, for
child support enforcement purposes, to the extent it is cost
effective and permitted by the Revenue and Taxation Code.
(w) (1) The suspension or revocation of any driver's
license, including a commercial driver's license, under this section
shall not subject the licensee to vehicle impoundment pursuant to
Section 14602.6 of the Vehicle Code.
(2) Notwithstanding any other law, the suspension or revocation of
any driver's license, including a commercial driver's license, under
this section shall not subject the licensee to increased costs for
vehicle liability insurance.
(x) If any provision of this section or the application thereof to
any person or circumstance is held invalid, that invalidity shall
not affect other provisions or applications of this section which can
be given effect without the invalid provision or application, and to
this end the provisions of this section are severable.
(y) All rights to administrative and judicial review afforded by
this section to an applicant shall also be afforded to a licensee.
SEC. 11. Section 19528 of the Revenue and Taxation Code is amended
to read:
19528. (a) Notwithstanding any other law, the Franchise Tax Board
may require any board, as defined in Section 22 of the Business and
Professions Code, and the State Bar, the Bureau of Real Estate, and
the Insurance Commissioner (hereinafter referred to as licensing
board) to provide to the Franchise Tax Board the following
information with respect to every licensee:
(1) Name.
(2) Address or addresses of record.
(3) Federal employer identification number, if the licensee is a
partnership, or the licensee's individual taxpayer identification
number or social security number of all other licensees.
(4) Type of license.
(5) Effective date of license or renewal.
(6) Expiration date of license.
(7) Whether license is active or inactive, if known.
(8) Whether license is new or renewal.
(b) The Franchise Tax Board may do the following:
(1) Send a notice to any licensee failing to provide the federal
employer identification number, individual taxpayer identification
number, or social security number as required by subdivision (a) of
Section 30 of the Business and Professions Code and subdivision (a)
of Section 1666.5 of the Insurance Code, describing the information
that was missing, the penalty associated with not providing it, and
that failure to provide the information within 30 days will result in
the assessment of the penalty.
(2) After 30 days following the issuance of the notice described
in paragraph (1), assess a one-hundred-dollar ($100) penalty, due and
payable upon notice and demand, for any licensee failing to provide
either its federal employer identification number (if the licensee is
a partnership) or his or her individual taxpayer identification
number or social security number (for all others) as required in
Section 30 of the Business and Professions Code and Section 1666.5 of
the Insurance Code.
(c) Notwithstanding Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code, the information
furnished to the Franchise Tax Board pursuant to Section 30 of the
Business and Professions Code or Section 1666.5 of the Insurance Code
shall not be deemed to be a public record and shall not be open to
the public for inspection.
