SB 788: Insurance: licensing: requirements.

Existing law requires the Insurance Commissioner to require specified licensees, at the time of issuance or renewal of a license, to provide its federal employer identification number if the licensee is a partnership or his or her social security number for all others. Existing law also provides that any licensee failing to provide this information shall be reported by the licensing entity to the Franchise Tax Board, as specified, and shall be subject to a penalty if the licensee fails to provide the required information after notification by the board. Existing law requires the commissioner, upon request of the Franchise Tax Board, to furnish the board with specified information with respect to every licensee, including, but not limited to, the federal employer identification number if the entity is a partnership or the owners name and social security number for all others. Existing law exempts the required information from the California Public Records Act.

This bill would limit the California Public Records Act exemption to an applicants or licensees federal employer identification or social security number, as applicable. The bill also would enumerate the circumstances under which the information provided under these provisions can be disclosed.

This bill, among other things, on July 1, 2018, would require the commissioner to require either a social security number or an individual taxpayer identification number if the license applicant or licensee is an individual applying for or renewing a production agency license, and would require the commissioner, upon request of the Franchise Tax Board, to furnish to the board either a social security number or an individual taxpayer identification number for individuals who are production agency licensees. The bill would require that a federal employer identification number, individual taxpayer identification number, or social security number furnished pursuant to this act be collected, recorded, and used only for licensing and administration purposes, be exempt from the California Public Records Act, and not be disclosed except as specified. The bill would also make technical and conforming changes.

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.