Bill Text: CA SB560 | 2015-2016 | Regular Session | Chaptered
Bill Title: Licensing boards: unemployment insurance.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2015-09-30 - Chaptered by Secretary of State. Chapter 389, Statutes of 2015. [SB560 Detail]
Download: California-2015-SB560-Chaptered.html
BILL NUMBER: SB 560 CHAPTERED
BILL TEXT
CHAPTER 389
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2015
APPROVED BY GOVERNOR SEPTEMBER 30, 2015
PASSED THE SENATE SEPTEMBER 1, 2015
PASSED THE ASSEMBLY AUGUST 27, 2015
AMENDED IN ASSEMBLY AUGUST 17, 2015
AMENDED IN ASSEMBLY JULY 9, 2015
AMENDED IN ASSEMBLY JULY 2, 2015
AMENDED IN ASSEMBLY JUNE 29, 2015
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Monning
FEBRUARY 26, 2015
An act to amend Sections 30, 7011.4, and 7125.4 of the Business
and Professions Code, relating to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
SB 560, Monning. Licensing boards: unemployment insurance.
(1) Existing law provides for the licensure and regulation of
various professions and vocations and creates boards, commissions,
and bureaus, among other entities, in the Department of Consumer
Affairs to this end. The State Bar Act provides for the licensure and
regulation of attorneys by the State Bar of California. Existing law
requires a licensing board, as defined, including the State Bar, to
provide specified personal information regarding licensees to the
Franchise Tax Board in a prescribed form and at a time the Franchise
Tax Board may require. Existing law creates within the Labor and
Workforce Development Agency the Employment Development Department,
which administers the unemployment compensation program.
This bill would additionally require a licensing board to submit
personal information regarding licensees, described above, to the
Employment Development Department.
(2) 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.
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 shall 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 or the Employment Development Department, furnish to the board
or the department, as applicable, 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 or the Employment
Development Department, as applicable.
(g) Licensing boards shall provide to the Franchise Tax Board or
the Employment Development Department the information required by
this section at a time that the board or the department, as
applicable, 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, shall not disclose or make known in any
manner that information, except as provided in this section to the
Franchise Tax Board or the Employment Development Department 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 7011.4 of the Business and Professions Code is
amended to read:
7011.4. (a) Notwithstanding Section 7011, there is in the
Contractors' State License Board, a separate enforcement division
that shall rigorously enforce this chapter prohibiting all forms of
unlicensed activity and shall enforce the obligation to secure the
payment of valid and current workers' compensation insurance in
accordance with Section 3700.5 of the Labor Code.
(b) Persons employed as enforcement representatives of the
Contractors' State License Board and designated by the Director of
Consumer Affairs shall have the authority to issue a written notice
to appear in court pursuant to Chapter 5C (commencing with Section
853.5) of Title 3 of Part 2 of the Penal Code. An employee so
designated is not a peace officer and is not entitled to safety
member retirement benefits as a result of that designation. He or she
does not have the power of arrest.
(c) When participating in the activities of the Joint Enforcement
Strike Force on the Underground Economy pursuant to Section 329 of
the Unemployment Insurance Code, the enforcement division shall have
free access to all places of labor.
SEC. 3. Section 7125.4 of the Business and Professions Code is
amended to read:
7125.4. (a) The filing of the exemption certificate prescribed by
this article that is false, or the employment of a person subject to
coverage under the workers' compensation laws after the filing of an
exemption certificate without first filing a Certificate of Workers'
Compensation Insurance or Certification of Self-Insurance in
accordance with the provisions of this article, or the employment of
a person subject to coverage under the workers' compensation laws
without maintaining coverage for that person, constitutes cause for
disciplinary action.
(b) Any qualifier for a license who, under Section 7068.1, is
responsible for assuring that a licensee complies with the provisions
of this chapter is also guilty of a misdemeanor for committing or
failing to prevent the commission of any of the acts that are cause
for disciplinary action under this section.
