BILL NUMBER: SB 1190 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Jackson
( Coauthor: Assembly Member
Williams )
FEBRUARY 18, 2016
An act to amend Section 22441 of the Business and
Professions Code, and to amend Section 8223 of the Government Code,
relating to immigration consultants. Sections 30324
and 30327 of, and to add Section 30327.2 to, the Public Resources
Code, relating to the California Coastal Commission.
LEGISLATIVE COUNSEL'S DIGEST
SB 1190, as amended, Jackson. Immigration consultants:
employment eligibility and verification forms.
California Coastal Commission: ex parte communications: staff
communications.
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.
This 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.
(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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing 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.
This 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.
Existing 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.
This 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 30324 of the Public
Resources Code is amended to read:
30324. (a) No commission
member, nor any interested person, shall conduct an ex parte
communication unless the commission member fully discloses and makes
public the ex parte communication by providing a full report of the
communication to the executive director within seven days after the
communication or, if the communication occurs within seven days of
the next commission hearing, to the commission on the record of the
proceeding at that hearing. communication.
(b) (1) The commission shall adopt standard disclosure forms for
reporting ex parte communications which shall include, but not be
limited to, all of the following information:
(A) The date, time, and location of the communication.
(B) (i) The identity of the person or persons initiating and the
person or persons receiving the communication.
(ii) The identity of the person on whose behalf the communication
was made.
(iii) The identity of all persons present during the
communication.
(C) A complete, comprehensive description of the content of the ex
parte communication, including a complete set of all text and
graphic material that was part of the communication.
(2) The executive director shall place in the public record any
report of an ex parte communication.
(c) Communications shall cease to be ex parte communications when
fully disclosed and placed in the commission's official record.
SEC. 2. Section 30327 of the Public
Resources Code is amended to read:
30327. (a) No commission member or alternate shall make,
participate in making, or in any other way attempt 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 pursuant to Section 30324.
communication.
(b) In addition to any other applicable penalty, including a civil
fine imposed pursuant to Section 30824, a commission member who
knowingly violates this section shall be subject to a civil fine, not
to exceed seven thousand five hundred dollars ($7,500).
Notwithstanding any law to the contrary, the court may award
attorneys' fees and costs to the prevailing party.
SEC. 3. Section 30327.2 is added to the
Public Resources Code , to read:
30327.2. (a) No commission member or alternate shall attempt to
influence commission staff for purposes of changing or eliminating
any information contained in a 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.
(b) A commission member or alternate who willfully violates
subdivision (a) is punishable by a fine of not more than one thousand
dollars ($1,000) or by imprisonment in the state prison, and is
forever disqualified from holding any office in this state.
SEC. 4. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 22441 of the Business and
Professions Code is amended to read:
22441. (a) A person engages in the business or acts in the
capacity of an immigration consultant when that person gives nonlegal
assistance or advice on an immigration matter. That assistance or
advice includes, but is not limited to, the following:
(1) Completing a form provided by a federal or state agency but
not advising a person as to their answers on those forms.
(2) Translating a person's answers to questions posed in those
forms.
(3) Securing for a person supporting documents, such as birth
certificates, which may be necessary to complete those forms.
(4) Submitting completed forms on a person's behalf and at their
request to the United States Citizenship and Immigration Services.
(5) Making referrals to persons who could undertake legal
representation activities for a person in an immigration matter.
(b) "Immigration matter" means any proceeding, filing, or action
affecting the immigration or citizenship status of any person that
arises under immigration and naturalization law, executive order or
presidential proclamation, or action of the United States Citizenship
and Immigration Services, the United States Department of State, or
the United States Department of Labor.
(c) "Compensation" means money, property, or anything else of
value.
(d) Every person engaged in the business or acting in the capacity
of an immigration consultant shall only offer nonlegal assistance or
advice in an immigration matter as defined in subdivision (a). Any
act in violation of subdivision (a) is a violation of this chapter.
(e) A person does not engage in the business or act in the
capacity of an immigration consultant when that person gives nonlegal
assistance completing a form provided by a federal or state agency
for the purpose of employment eligibility and verification.
SEC. 2. Section 8223 of the Government Code is
amended to read:
8223. (a) A notary public who holds himself or herself out as
being an immigration specialist, immigration consultant, or any other
title or description reflecting an expertise in immigration matters
shall not advertise in any manner whatsoever that he or she is a
notary public.
(b) A notary public qualified and bonded as an immigration
consultant under Chapter 19.5 (commencing with Section 22440) of
Division 8 of the Business and Professions Code may enter data,
provided by the client, on immigration forms provided by a federal or
state agency. The fee for this service shall not exceed ten dollars
($10) per individual for each set of forms. If notary services are
performed in relation to the set of immigration forms, additional
fees may be collected pursuant to Section 8211. This fee limitation
shall not apply to an attorney, who is also a notary public, who is
rendering professional services regarding immigration matters.
(c) This section shall not be construed to exempt a notary public
who enters data on an immigration form at the direction of a client,
or otherwise performs the services of an immigration consultant, as
defined by Section 22441 of the Business and Professions Code, from
the requirements of Chapter 19.5 (commencing with Section 22440) of
Division 8 of the Business and Professions Code. A notary public who
is not qualified and bonded as an immigration consultant under
Chapter 19.5 (commencing with Section 22440) of Division 8 of the
Business and Professions Code may not enter data provided by a client
on immigration forms nor otherwise perform the services of an
immigration consultant.
(d) A form provided by a federal or state agency for the purpose
of employment eligibility and verification shall not be considered an
immigration form.