Amended IN Assembly March 25, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1753Introduced by Assembly Member CarrilloFebruary 22, 2019 An act to amend Section 10150.6 22441 of the Business and Professions Code, relating to real estate. immigration consultants.LEGISLATIVE COUNSEL'S DIGESTAB 1753, as amended, Carrillo. Real estate brokers license. Immigration consultants.Existing law prohibits any person, for compensation, from engaging in the business or acting in the capacity of an immigration consultant in this state, unless that person complies with state law governing the practice of immigration consultants, is an attorney, or is authorized by federal law to represent persons before the Board of Immigration Appeals or the United States Citizenship and Immigration Services. Existing law specifies that 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. Existing law defines an immigration matter as 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. Existing law establishes both criminal and civil penalties for a violation of specified provisions related to immigration consultants.This bill would expand the definition of immigration matter to include proceedings, filings, and actions arising under action of the United States Department of Justice, the United States Department of Homeland Security, and the Board of Immigration Appeals. Because this bill would expand the scope of a crime, the bill would impose a state-mandated local program.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, the Real Estate Law, authorizes an applicant for a real estate brokers license with the equivalent of 2 years of experience in general real estate to file a specified written petition with the Department of Real Estate and, if approved by the Real Estate Commissioner, authorizes that applicant to be issued a license upon passing an examination and meeting other requirements.This bill would make nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe 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 persons 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 persons 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, the United States Department of Justice, the United States Department of Homeland Security, the Board of Immigration Appeals, 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.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.SECTION 1.Section 10150.6 of the Business and Professions Code is amended to read:10150.6.(a)In addition to satisfying the other requirements of this article, and except as provided in subdivisions (b) and (c), an applicant for an original real estate brokers license shall demonstrate to the Real Estate Commissioner that the applicant has held a real estate salespersons license for at least two years and qualified for the renewal of the applicants real estate salesperson status, within the five-year period immediately prior to the date of the applicants application for the brokers license, and during that time was actively engaged in the business of real estate salesperson.(b)An applicant for a real estate brokers license having at least the equivalent of two years general real estate experience may file a written petition with the Department of Real Estate setting forth the applicants qualifications and experience, and, if the commissioner approves, the applicant may be issued a real estate brokers license immediately upon passing the examination and satisfying the other requirements of this article.(c)In considering a petition described in subdivision (b), the commissioner may treat a degree from a four-year college or university, which course of study included a major or minor in real estate, as the equivalent of two years general real estate experience.
Amended IN Assembly March 25, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1753Introduced by Assembly Member CarrilloFebruary 22, 2019 An act to amend Section 10150.6 22441 of the Business and Professions Code, relating to real estate. immigration consultants.LEGISLATIVE COUNSEL'S DIGESTAB 1753, as amended, Carrillo. Real estate brokers license. Immigration consultants.Existing law prohibits any person, for compensation, from engaging in the business or acting in the capacity of an immigration consultant in this state, unless that person complies with state law governing the practice of immigration consultants, is an attorney, or is authorized by federal law to represent persons before the Board of Immigration Appeals or the United States Citizenship and Immigration Services. Existing law specifies that 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. Existing law defines an immigration matter as 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. Existing law establishes both criminal and civil penalties for a violation of specified provisions related to immigration consultants.This bill would expand the definition of immigration matter to include proceedings, filings, and actions arising under action of the United States Department of Justice, the United States Department of Homeland Security, and the Board of Immigration Appeals. Because this bill would expand the scope of a crime, the bill would impose a state-mandated local program.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, the Real Estate Law, authorizes an applicant for a real estate brokers license with the equivalent of 2 years of experience in general real estate to file a specified written petition with the Department of Real Estate and, if approved by the Real Estate Commissioner, authorizes that applicant to be issued a license upon passing an examination and meeting other requirements.This bill would make nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Assembly March 25, 2019
Amended IN Assembly March 25, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 1753
Introduced by Assembly Member CarrilloFebruary 22, 2019
Introduced by Assembly Member Carrillo
February 22, 2019
An act to amend Section 10150.6 22441 of the Business and Professions Code, relating to real estate. immigration consultants.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1753, as amended, Carrillo. Real estate brokers license. Immigration consultants.
Existing law prohibits any person, for compensation, from engaging in the business or acting in the capacity of an immigration consultant in this state, unless that person complies with state law governing the practice of immigration consultants, is an attorney, or is authorized by federal law to represent persons before the Board of Immigration Appeals or the United States Citizenship and Immigration Services. Existing law specifies that 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. Existing law defines an immigration matter as 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. Existing law establishes both criminal and civil penalties for a violation of specified provisions related to immigration consultants.This bill would expand the definition of immigration matter to include proceedings, filings, and actions arising under action of the United States Department of Justice, the United States Department of Homeland Security, and the Board of Immigration Appeals. Because this bill would expand the scope of a crime, the bill would impose a state-mandated local program.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, the Real Estate Law, authorizes an applicant for a real estate brokers license with the equivalent of 2 years of experience in general real estate to file a specified written petition with the Department of Real Estate and, if approved by the Real Estate Commissioner, authorizes that applicant to be issued a license upon passing an examination and meeting other requirements.This bill would make nonsubstantive changes to those provisions.
Existing law prohibits any person, for compensation, from engaging in the business or acting in the capacity of an immigration consultant in this state, unless that person complies with state law governing the practice of immigration consultants, is an attorney, or is authorized by federal law to represent persons before the Board of Immigration Appeals or the United States Citizenship and Immigration Services. Existing law specifies that 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. Existing law defines an immigration matter as 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. Existing law establishes both criminal and civil penalties for a violation of specified provisions related to immigration consultants.
This bill would expand the definition of immigration matter to include proceedings, filings, and actions arising under action of the United States Department of Justice, the United States Department of Homeland Security, and the Board of Immigration Appeals. Because this bill would expand the scope of a crime, the bill would impose a state-mandated local program.
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, the Real Estate Law, authorizes an applicant for a real estate brokers license with the equivalent of 2 years of experience in general real estate to file a specified written petition with the Department of Real Estate and, if approved by the Real Estate Commissioner, authorizes that applicant to be issued a license upon passing an examination and meeting other requirements.
This bill would make nonsubstantive changes to those provisions.
## Digest Key
## Bill Text
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 persons 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 persons 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, the United States Department of Justice, the United States Department of Homeland Security, the Board of Immigration Appeals, 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.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.SECTION 1.Section 10150.6 of the Business and Professions Code is amended to read:10150.6.(a)In addition to satisfying the other requirements of this article, and except as provided in subdivisions (b) and (c), an applicant for an original real estate brokers license shall demonstrate to the Real Estate Commissioner that the applicant has held a real estate salespersons license for at least two years and qualified for the renewal of the applicants real estate salesperson status, within the five-year period immediately prior to the date of the applicants application for the brokers license, and during that time was actively engaged in the business of real estate salesperson.(b)An applicant for a real estate brokers license having at least the equivalent of two years general real estate experience may file a written petition with the Department of Real Estate setting forth the applicants qualifications and experience, and, if the commissioner approves, the applicant may be issued a real estate brokers license immediately upon passing the examination and satisfying the other requirements of this article.(c)In considering a petition described in subdivision (b), the commissioner may treat a degree from a four-year college or university, which course of study included a major or minor in real estate, as the equivalent of two years general real estate experience.
The people of the State of California do enact as follows:
## 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 persons 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 persons 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, the United States Department of Justice, the United States Department of Homeland Security, the Board of Immigration Appeals, 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.
SECTION 1. Section 22441 of the Business and Professions Code is amended to read:
### SECTION 1.
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 persons 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 persons 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, the United States Department of Justice, the United States Department of Homeland Security, the Board of Immigration Appeals, 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.
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 persons 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 persons 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, the United States Department of Justice, the United States Department of Homeland Security, the Board of Immigration Appeals, 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.
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 persons 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 persons 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, the United States Department of Justice, the United States Department of Homeland Security, the Board of Immigration Appeals, 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.
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 persons 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 persons 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, the United States Department of Justice, the United States Department of Homeland Security, the Board of Immigration Appeals, 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.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
### SEC. 2.
(a)In addition to satisfying the other requirements of this article, and except as provided in subdivisions (b) and (c), an applicant for an original real estate brokers license shall demonstrate to the Real Estate Commissioner that the applicant has held a real estate salespersons license for at least two years and qualified for the renewal of the applicants real estate salesperson status, within the five-year period immediately prior to the date of the applicants application for the brokers license, and during that time was actively engaged in the business of real estate salesperson.
(b)An applicant for a real estate brokers license having at least the equivalent of two years general real estate experience may file a written petition with the Department of Real Estate setting forth the applicants qualifications and experience, and, if the commissioner approves, the applicant may be issued a real estate brokers license immediately upon passing the examination and satisfying the other requirements of this article.
(c)In considering a petition described in subdivision (b), the commissioner may treat a degree from a four-year college or university, which course of study included a major or minor in real estate, as the equivalent of two years general real estate experience.