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AB-2184 Business licenses.(2017-2018)

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Date Published: 04/19/2018 09:00 PM
AB2184:v97#DOCUMENT

Amended  IN  Assembly  April 19, 2018
Amended  IN  Assembly  April 09, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2184


Introduced by Assembly Member Chiu
(Principal coauthor: Senator Lara)
(Coauthors: Assembly Members Bonta and Kalra)

February 12, 2018


An act to add Sections 16000.1 and 16100.1 to the Business and Professions Code, relating to business licenses.


LEGISLATIVE COUNSEL'S DIGEST


AB 2184, as amended, Chiu. Business licenses.
Existing law authorizes the legislative body of an incorporated city and the county board of supervisors to license businesses carried on within their respective jurisdictions and to set license fees as specified.
This bill would require a city, including a charter city, county, and city and county that licenses businesses carried on within their respective jurisdictions to accept a California driver’s license or identification number, individual taxpayer identification number, or municipal identification number in lieu of a social security number if the city, county, or city and county otherwise requires a social security number for the issuance of a business license. The bill would prohibit this number from being disclosed, except as specified. The bill would also prohibit the city and the county from disclosing on an Internet Web site a residential address collected on an application for a business license issued by the city or the county. By increasing the duties of local officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The California Constitution authorizes cities and counties to make and enforce within their limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws, and further authorizes cities organized under a charter to make and enforce all ordinances and regulations in respect to municipal affairs, which supersede inconsistent general laws.
The bill would declare that its provisions constitute a matter of statewide concern.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Immigrants provide important contributions to the economic well-being of our state, and following the Great Recession of 2008, the entrepreneurial spirit of immigrants contributed to our state’s economic recovery.
(b) Immigrants created around 45 percent of all new businesses from 2007 to 2011 and immigrant-owned businesses in California created approximately $20.2 billion in revenue in 2014.
(c) Presently, certain categories of immigrants, including individuals who have been granted Deferred Action for Childhood Arrivals or Temporary Protected Status are at risk of losing federal protection, leaving them and their families vulnerable, and many cities with large immigrant populations currently only accept a social security number from business owners, thereby hindering immigrant entrepreneurship and its accompanying revenue generation and contribution to local and state taxes.
(d) It is in the best interests of the state to provide otherwise eligible persons, regardless of their citizenship or immigration status, with the opportunity to obtain a local business license.
(e) No county or city, including a charter city, and city and county, should deny the opportunity to obtain a local business license to an otherwise eligible applicant based on his or her citizenship status or immigration status.
(f) Enacting this act affirmatively provides the benefit of eligibility to obtain a local business license as authorized in Section 1621 of Title 8 of the United States Code.
(g) This act addresses a matter of statewide concern, rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution.

SEC. 2.

 Section 16000.1 is added to the Business and Professions Code, to read:

16000.1.
 (a) A city, including a charter city, and city and county (1) A city that licenses businesses carried on within their respective jurisdictions shall accept a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number in lieu of a social security number if the city or city and county otherwise requires a social security number for the issuance of a business license.

(b)

(2) A number collected pursuant to subdivision (a) paragraph (1) shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the licensure program or comply with a state law or state or federal court order.
(b) A city shall not disclose on an Internet Web site a residential address collected on an application for a business license issued by the city.
(c) For purposes of this section, “city” includes a charter city and a city and county.

SEC. 3.

 Section 16100.1 is added to the Business and Professions Code, to read:

16100.1.
 (a) (1) A county that licenses businesses carried on within their respective jurisdictions shall accept a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number in lieu of a social security number if the county otherwise requires a social security number for the issuance of a business license.

(b)

(2) A number collected pursuant to subdivision (a) paragraph (1) shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the licensure program or comply with a state law or state or federal court order.
(b) A county shall not disclose on an Internet Web site a residential address collected on an application for a business license issued by the county.

SEC. 4.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 5.

 The Legislature finds and declares that Sections 2 and 3 of this act, adding Sections 16000.1 and 16100.1 to the Business and Professions Code, impose a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
Sections 2 and 3 of this act, adding Sections 16000.1 and 16100.1 to the Business and Professions Code, strike the appropriate balance between the public’s right to access information about the conduct of their government agencies and the need to protect the personal information of the private individuals who apply for the issuance of a business license.