SB 1190 Senate Bill - INTRODUCED

BILL NUMBER: SB 1190	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Jackson

                        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.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1190, as introduced, Jackson. Immigration consultants:
employment eligibility and verification forms.
   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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  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
 which   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)  No   A  notary public who
holds himself or herself out as being an immigration specialist,
immigration  consultant   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)  Nothing in this   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.