California Senate Bill SB1190 Introduced / Bill

 BILL NUMBER: SB 1190INTRODUCED 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.