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Excerpts from the California Codes

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Excerpts from the California Codes 445 PERTINENT EXCERPTS FROM THE BUSINESS AND PROFESSIONS CODE (Editor’s Note: The following section shall (B) The Bureau for Private Postsecondary become inoperative on July 1, 2020, and, is Education. repealed as of January 1, 2021) (C) The California Horse Racing Board. 7.5. (a) A conviction within the meaning of this (c) Except as provided in subdivision (b), this code means a plea or verdict of guilty or a section controls over and supersedes the conviction following a plea of nolo contendere. definition of conviction contained within Any action which a board is permitted to take individual practice acts under this code. following the establishment of a conviction may (d) This section shall become operative on July 1, be taken when the time for appeal has elapsed, or 2020. the judgment of conviction has been affirmed on Reporting to Franchise Tax Board – Federal appeal or when an order granting probation is Employer I.D. Number and Social Security made suspending the imposition of sentence, Number irrespective of a subsequent order under the 30. (a) (1) Notwithstanding any other law, any provisions of Section 1203.4 of the Penal Code. board, as defined in Section 22, the State Bar However, a board may not deny a license to an of California, and the Department of Real applicant who is otherwise qualified pursuant to Estate shall, at the time of issuance of the subdivision (b) of Section 480. license, require that the applicant provide its Nothing in this section shall apply to the licensure federal employer identification number, if the of persons pursuant to Chapter 4 (commencing applicant is a partnership, or the applicant’s with Section 6000) of Division 3. social security number for all other (b) This section shall become inoperative on July applicants. 1, 2020, and, as of January 1, 2021, is repealed. (2) (A) In accordance with Section 135.5, a (Editor’s Note: The following section replaces board, as defined in Section 22, the State the prior section and goes into effect on July 1, Bar of California, and the Department of 2020.) Real Estate shall require either the 7.5. (a) A conviction within the meaning of this individual taxpayer identification code means a judgment following a plea or number or social security number if the verdict of guilty or a plea of nolo contendere or applicant is an individual for a license or finding of guilt. Any action which a board is certificate, as defined in subparagraph (2) permitted to take following the establishment of of subdivision (e), and for purposes of a conviction may be taken when the time for this subdivision. appeal has elapsed, or the judgment of conviction (B) In implementing the requirements of has been affirmed on appeal or when an order subparagraph (A), a licensing board shall granting probation is made suspending the not require an individual to disclose imposition of sentence. However, a board may either citizenship status or immigration not deny a license to an applicant who is status for purposes of licensure. otherwise qualified pursuant to subdivision (b) or (C) A licensing board shall not deny (c) of Section 480. licensure to an otherwise qualified and (b) (1) Nothing in this section shall apply to the eligible individual based solely on his or licensure of persons pursuant to Chapter 4 her citizenship status or immigration (commencing with Section 6000) of Division 3. status. (2) This section does not in any way modify or otherwise affect the existing authority of the (D) The Legislature finds and declares following entities in regard to licensure: that the requirements of this subdivision (A) The State Athletic Commission. are consistent with subdivision (d) of 446 EXCERPTS FROM THE BUSINESS AND PROFESSIONS CODE Section 1621 of Title 8 of the United by this code or referred to in Section 1000 or States Code. 3600. (b) A licensee failing to provide the federal (2) “License” includes a certificate, employer identification number, or the individual registration, or any other authorization taxpayer identification number or social security needed to engage in a business or profession number shall be reported by the licensing board regulated by this code or referred to in to the Franchise Tax Board. If the licensee fails to Section 1000 or 3600. provide that information after notification (3) “Licensing board” means any board, as pursuant to paragraph (1) of subdivision (b) of defined in Section 22, the State Bar of Section 19528 of the Revenue and Taxation California, and the Department of Real Code, the licensee shall be subject to the penalty Estate. provided in paragraph (2) of subdivision (b) of Section 19528 of the Revenue and Taxation (f) The reports required under this section shall be Code. filed on magnetic media or in other machine- readable form, according to standards furnished (c) In addition to the penalty specified in by the Franchise Tax Board or the Employment subdivision (b), a licensing board shall not Development Department, as applicable. process an application for an initial license unless the applicant provides its federal employer (g) Licensing boards shall provide to the identification number, or individual taxpayer Franchise Tax Board or the Employment identification number or social security number Development Department the information where requested on the application. required by this section at a time that the board or the department, as applicable, may require. (d) A licensing board shall, upon request of the Franchise Tax Board or the Employment (h) Notwithstanding Chapter 3.5 (commencing Development Department, furnish to the board or with Section 6250) of Division 7 of Title 1 of the the department, as applicable, the following Government Code, a federal employer information with respect to every licensee: identification number, individual taxpayer identification number, or social security number (1) Name. furnished pursuant to this section shall not be (2) Address or addresses of record. deemed to be a public record and shall not be open to the public for inspection. (3) Federal employer identification number if the licensee is a partnership, or the licensee’s (i) A deputy, agent, clerk, officer, or employee of individual taxpayer identification number or a licensing board described in subdivision (a), or social security number for all other licensees. any former officer or employee or other individual who, in the course of his or her (4) Type of license. employment or duty, has or has had access to the (5) Effective date of license or a renewal. information required to be furnished under this (6) Expiration date of license. section, shall not disclose or make known in any manner that information, except as provided (7) Whether license is active or inactive, if pursuant to this section, to the Franchise Tax known. Board, the Employment Development (8) Whether license is new or a renewal. Department, the Office of the Chancellor of the California Community Colleges, a collections (e) For the purposes of this section: agency contracted to collect funds owed to the (1) “Licensee” means a person or entity, other State Bar by licensees pursuant to Sections than a corporation, authorized by a license, 6086.10 and 6140.5, or as provided in certificate, registration, or other means to subdivisions (j) and (k). engage in a business or profession regulated EXCERPTS FROM THE BUSINESS AND PROFESSIONS CODE 447 (j) It is the intent of the Legislature in enacting (2) Federal employer identification number if this section to utilize the federal employer the licensee is a partnership, or the licensee’s identification number, individual taxpayer individual taxpayer identification number or identification number, or social security number social security number for all other licensees. for the purpose of establishing the identification (3) Date of birth. of persons affected by state tax laws, for purposes of compliance with Section 17520 of the Family (4) Type of license. Code, for purposes of measuring employment (5) Effective date of license or a renewal. outcomes of students who participate in career technical education programs offered by the (6) Expiration date of license. California Community Colleges, and for (n) The department shall make available purposes of collecting funds owed to the State information pursuant to subdivision (m) only to Bar by licensees pursuant to Section 6086.10 and allow the chancellor’s office to measure Section 6140.5 and, to that end, the information employment outcomes of students who furnished pursuant to this section shall be used participate in career technical education exclusively for those purposes. programs offered by the California Community (k) If the board utilizes a national examination to Colleges and recommend how these programs issue a license, and if a reciprocity agreement or may be improved. Licensure information made comity exists between the State of California and available by the department pursuant to this the state requesting release of the individual section shall not be used for any other purpose. taxpayer identification number or social security (o) The department may make available number, any deputy, agent, clerk, officer, or information pursuant to subdivision (m) only to employee of any licensing board described in the extent that making the information available subdivision (a) may release an individual complies with state and federal privacy laws. taxpayer identification number or social security number to an examination or licensing entity, (p) The department may, by agreement, condition only for the purpose of verification of licensure or limit the availability of licensure information or examination status. pursuant to subdivision (m) in order to ensure the security of the information and to protect the (l) For the purposes of enforcement of Section privacy rights of the individuals to whom the 17520 of the Family Code, and notwithstanding information pertains.
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