SB 1190,
as amended, Jackson. begin deleteImmigration consultants: employment eligibility and verification forms. end deletebegin insertCalifornia Coastal Commission: ex parte communications: staff communications.end insert
The California Coastal Act of 1976, for purposes of the act, defines an “ex parte communication” as any oral or written communication between a member of the California Coastal Commission and an interested person, as defined, about a matter within the commission’s jurisdiction, as defined, that does not occur in a public hearing, workshop, or other official proceeding or on the official record of the proceeding on the matter, but excludes from that definition certain communications, including communications between a staff member acting in his or her official capacity and any commission member or interested person, as prescribed. The act prohibits a commission member and an interested person from conducting an ex parte communication unless the member fully discloses and makes public the ex parte communication, as specified, and prohibits a commission member or alternate from making, participating in making, or in any other way attempting to use his or her official position to influence a commission decision about which the member or alternate has knowingly had an ex parte communication that has not been reported.
end insertbegin insertThis bill would instead prohibit a commission member or an interested person from conducting any ex parte communication regardless of whether the communication is disclosed. The bill would also prohibit a commission member or alternate from attempting to influence commission staff for purposes of changing or eliminating any information contained in a commission staff report or analysis or altering any recommendation pertaining to a matter within the commission’s jurisdiction prior to the time the staff report, analysis, or recommendation is made public at a hearing, workshop, or other official proceeding. The bill would make a willful violation of that prohibition punishable by fine or imprisonment in the state prison and would forever disqualify a commission member or alternate found guilty of a violation from holding any office in this state. By creating a new crime, the bill would impose a state-mandated local program.
end insertbegin insert(2) 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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertExisting law provides for the regulation of a person engaged in the business or acting in the capacity of an immigration consultant, and provides that a violation of these provisions is a crime. Existing law provides that a person engages in the business or acts in the capacity of an immigration consultant when he or she gives nonlegal assistance or advice on an immigration matter, as specified.
end deleteThis bill would provide that a person who gives nonlegal assistance completing a form provided by a federal or state agency for the purposes of employment eligibility and verification is not engaging in the business of acting in the capacity of an immigration consultant.
end deleteExisting law authorizes the Secretary of State to appoint and commission notaries public in such number as the secretary deems necessary for the public convenience. Existing law prohibits a notary public who holds himself or herself out as being an immigration specialist, immigration consultant, or any other title that reflects an expertise in immigration matters from advertising in any manner that he or she is a notary public and authorizes a notary public who is qualified and bonded as an immigration consultant, as specified, to enter data, provided by his or her client, on immigration forms provided by a federal or state agency.
end deleteThis bill would specify that a form provided by a federal or state agency for the purpose of employment eligibility and verification is not an immigration form.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 30324 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
2amended to read:end insert
begin delete(a)end deletebegin delete end deleteNo commission member, nor any interested person,
4shall conduct an ex partebegin delete communication unless the commission begin insert communication.end insert
5member fully discloses and makes public the ex parte
6communication by providing a full report of the communication
7to the executive director within seven days after the communication
8or, if the communication occurs within seven days of the next
9commission hearing, to the commission on the record of the
10proceeding at that hearing.end delete
11(b) (1) The commission shall adopt standard disclosure forms
12for reporting ex parte communications which shall include, but
13not be limited to, all of the following information:
14(A) The date, time, and location of the communication.
end delete
15(B) (i) The identity of the person or persons initiating and the
16person or persons receiving the communication.
17(ii) The identity of the person on whose behalf the
18communication was made.
19(iii) The identity of all persons present during the
20communication.
21(C) A complete, comprehensive description of the content of
22the ex parte communication, including a complete set of all text
23and graphic material that was part of the communication.
24(2) The executive director shall place in the public record any
25report of an ex parte communication.
26(c) Communications shall cease to be ex parte communications
27when fully disclosed and placed in the commission’s official
28record.
begin insertSection 30327 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
2amended to read:end insert
(a) No commission member or alternate shall make,
4participate in making, orbegin insert inend insert any other way attempt to use his or
5her official position to influence a commission decision about
6which the member or alternate has knowingly had an ex parte
7
begin delete communication that has not been reported pursuant to Section begin insert communication.end insert
830324.end delete
9(b) In addition to any other applicable penalty, including a civil
10fine imposed pursuant to Section 30824, a
commission member
11who knowingly violates this section shall be subject to a civil fine,
12not to exceed seven thousand five hundred dollars ($7,500).
13Notwithstanding any law to the contrary, the court may award
14attorneys’ fees and costs to the prevailing party.
begin insertSection 30327.2 is added to the end insertbegin insertPublic Resources Codeend insertbegin insert,
16to read:end insert
(a) No commission member or alternate shall attempt
18to influence commission staff for purposes of changing or
19eliminating any information contained in a staff report or analysis
20or altering any recommendation pertaining to a matter within the
21commission’s jurisdiction prior to the time the staff report,
22analysis, or recommendation is made public at a hearing,
23workshop, or other official proceeding.
24
(b) A commission member or alternate who willfully violates
25subdivision (a) is punishable by a fine of not more than one
26thousand dollars ($1,000) or by imprisonment in the state prison,
27and is forever disqualified from holding any office in this state.
No reimbursement is required by this act pursuant to
29Section 6 of Article XIII B of the California Constitution because
30the only costs that may be incurred by a local agency or school
31district will be incurred because this act creates a new crime or
32infraction, eliminates a crime or infraction, or changes the penalty
33for a crime or infraction, within the meaning of Section 17556 of
34the Government Code, or changes the definition of a crime within
35the meaning of Section 6 of Article XIII B of the California
36Constitution.
Section 22441 of the Business and Professions
38Code is amended to read:
(a) A person engages in the business or acts in the
40capacity of an immigration consultant when that person gives
P5 1nonlegal assistance or advice on an immigration matter. That
2assistance or advice includes, but is not limited to, the following:
3(1) Completing a form provided by a federal or state agency
4but not advising a person as to their answers on those forms.
5(2) Translating a person’s answers to questions posed in those
6forms.
7(3) Securing for a person supporting documents, such as birth
8certificates, which may be necessary to complete those forms.
9(4) Submitting completed forms on a person’s behalf and at
10their request to the United States Citizenship and Immigration
11Services.
12(5) Making referrals to persons who could undertake legal
13representation activities for a person in an immigration matter.
14(b) “Immigration matter” means any proceeding, filing, or action
15affecting the immigration or citizenship status of any person that
16arises under immigration and naturalization law, executive order
17or presidential proclamation, or action of the United States
18Citizenship and Immigration Services, the United States
19Department of State, or the United States Department of Labor.
20(c) “Compensation” means money, property, or anything else
21of value.
22(d) Every person engaged in the business or acting in the
23capacity of an immigration consultant shall only offer nonlegal
24assistance or advice in an immigration matter as defined in
25subdivision (a). Any act in violation of subdivision (a) is a violation
26of this chapter.
27(e) A person does not engage in the business or act in the
28capacity of an immigration consultant when that person gives
29nonlegal assistance completing a form provided by a federal or
30state agency for the purpose of employment eligibility and
31verification.
Section 8223 of the Government Code is amended to
33read:
(a) A notary public who holds himself or herself out as
35being an immigration specialist, immigration consultant, or any
36other title or description reflecting an expertise in immigration
37matters shall not advertise in any manner whatsoever that he or
38she is a notary public.
39(b) A notary public qualified and bonded as an immigration
40consultant under Chapter 19.5 (commencing with Section 22440)
P6 1of Division 8 of the Business and Professions Code may enter data,
2provided by the client, on immigration forms provided by a federal
3or state agency. The fee for this service shall not exceed ten dollars
4($10) per individual for each set of forms. If notary services are
5performed in relation to the set of immigration forms, additional
6fees may be collected pursuant to Section 8211. This fee limitation
7shall not apply to an attorney, who is also a notary public, who is
8rendering professional services regarding immigration matters.
9(c) This section shall
not be construed to exempt a notary public
10who enters data on an immigration form at the direction of a client,
11or otherwise performs the services of an immigration consultant,
12as defined by Section 22441 of the Business and Professions Code,
13from the requirements of Chapter 19.5 (commencing with Section
1422440) of Division 8 of the Business and Professions Code. A
15notary public who is not qualified and bonded as an immigration
16consultant under Chapter 19.5 (commencing with Section 22440)
17of Division 8 of the Business and Professions Code may not enter
18data provided by a client on immigration forms nor otherwise
19perform the services of an immigration consultant.
20(d) A form provided by a federal or state agency for the purpose
21of employment eligibility and verification shall not be considered
22an immigration form.
O
98