Bill Text: CA AB852 | 2013-2014 | Regular Session | Amended

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Bill Title: Driver's licenses: applications.

Status: (Enrolled) 2014-08-19 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 67. Noes 9.). [AB852 Detail]

Download: California-2013-AB852-Amended.html
BILL NUMBER: AB 852	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 9, 2014
	AMENDED IN SENATE  SEPTEMBER 12, 2013
	AMENDED IN SENATE  SEPTEMBER 3, 2013
	AMENDED IN SENATE  JULY 10, 2013
	AMENDED IN SENATE  JUNE 25, 2013
	AMENDED IN ASSEMBLY  APRIL 16, 2013
	AMENDED IN ASSEMBLY  APRIL 1, 2013

INTRODUCED BY   Assembly Member Dickinson
    (   Principal coauthor: 
 Senator   Steinberg  )


                        FEBRUARY 21, 2013

    An act to amend Section 21155.4 of the Public Resources
Code, relating to environmental quality.   An act to
amend Section 17206 of, and to add Sections 6126.6, 6126.8, 6126.9,
and 6134 to, the Business and Professions Code, relating to the State
Bar, and declaring the urgency thereof, to take effect immediately.




	LEGISLATIVE COUNSEL'S DIGEST


   AB 852, as amended, Dickinson.  Environmental quality:
exemption.   State Bar of California: enforcement
actions.  
   (1) Existing law prohibits a person from practicing law in
California, or from advertising or holding himself or herself out as
practicing law, unless the person is an active member of the State
Bar, or otherwise authorized, as specified, to practice law in this
state. A violation of these provisions is a crime.  
   This bill would, for violations of the above-described provisions,
require the State Bar to disclose, in confidence, the information in
its investigation to the agency responsible for the criminal
enforcement of these provisions or exchange that information with
that agency. This bill would authorize the State Bar to request the
Attorney General, a district attorney, or a city attorney acting as a
local prosecutor, to bring an enforcement action or, if those
entities have not elected to bring that action 60 days after that
request, to bring a civil action in its own name, as specified. The
bill would require the court, in a civil enforcement action by the
State Bar for the unlawful practice of law, to impose a civil penalty
not to exceed $2,500, to be paid to the State Bar. The bill would
require the court to impose a civil penalty not to exceed $6,000 for
the intentional violation of any injunction prohibiting the unlawful
practice of law. The bill would require the court to consider, when
applicable, additional relief provided under existing law and to
award reasonable attorney's fees and costs, as specified. The bill
would require any penalty collected pursuant to these provisions to
be paid into the treasury of the State Bar and used for specified
purposes.  
   (2) Existing law requires the State Bar to issue an Annual
Discipline Report by April 30 of each year describing the performance
and condition of the State Bar discipline system during the
preceding calendar year, as specified.  
   This bill would additionally require the State Bar to annually
report, by April 30 of each year, the number of complaints of the
unauthorized practice of law received, requests for enforcement
actions made to the Attorney General, a district attorney, or a city
attorney acting as a local prosecutor pursuant to the provisions
described in (1) above, and other unlawful practice of law
proceedings filed by the State Bar, as specified, during the
preceding calendar year. The bill would also require the report to
include an accounting of any penalties collected pursuant to the
provisions described in (1) above, and any expenditure of those
funds, during the preceding calendar year. The bill would require the
report to be made to the Assembly and Senate Committees on Judiciary
and would authorize the information required by the report to be
included in the Annual Discipline Report described above. The bill
would also require the board of trustees to establish and administer
an oversight committee of the board, the majority of whom would be
nonattorneys, to oversee the State Bar's investigation and
enforcement duties, as specified.  
   (3) Existing law makes a person who engages in unfair competition,
as defined, liable for a civil penalty not to exceed $2,500 for each
violation and requires that this penalty be assessed and recovered
in a civil action brought in the name of the people of the State of
California by specified persons in any court of competent
jurisdiction. Existing law requires a court, for an unfair
competition action brought at the request of a board within the
Department of Consumer Affairs or a local consumer affairs agency, to
determine the reasonable expenses incurred by the board or local
agency in the investigation and prosecution of the action, and
provides for the reimbursement of these expenses, as specified. 

   This bill would similarly require the court, for an action brought
at the request of the State Bar of California, to determine the
reasonable expenses incurred by the State Bar in the investigation
and prosecution of the action and provide for the reimbursement of
these expenses.  
   (4) This bill would declare that it is to take effect immediately
as an urgency statute.  
   The California Environmental Quality Act, commonly known as CEQA,
requires a lead agency, as defined, to prepare, or cause to be
prepared, and certify the completion of, an environmental impact
report on a project that it proposes to carry out or approve that may
have a significant effect on the environment or to adopt a negative
declaration if it finds that the project will not have that effect.
CEQA also requires a lead agency to prepare a mitigated negative
declaration for a project that may have a significant effect on the
environment if revisions in the project would avoid or mitigate that
effect and there is no substantial evidence that the project, as
revised, would have a significant effect on the environment.
 
   This bill would revise the exemption from CEQA established by
certain provisions of law for residential, employment center, and
mixed-use development projects to require both the project and the
appropriate specific plan to be consistent with the general use
designation, density, building intensity, and applicable policies
specified for the project area in either a sustainable communities
strategy or an alternative planning strategy for which the State Air
Resources Board has accepted as a metropolitan planning organization'
s determination that the sustainable communities strategy or the
alternative planning strategy would, if implemented, achieve the
greenhouse gas emissions reduction targets. Because a lead agency
would be required to determine whether a project qualifies for this
exemption, this bill would impose a state-mandated local program.
 
   This bill would provide that the bill becomes operative only if SB
743 of the 2013-14 Regular Session is enacted.  
   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. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee:  yes   no  .
State-mandated local program:  yes   no  .


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

   SECTION 1.    Section 612   6.6 is added to
the   Business and Professions Code   , to read:
 
   6126.6.  Unless otherwise expressly provided, the remedies or
penalties provided by this article are cumulative to each other and
to the remedies or penalties available under all other laws of this
state. 
   SEC. 2.    Section 6126.8 is added to the  
Business and Professions Code   , to read:  
   6126.8.  (a) For a violation of Section 6125 or 6126, the State
Bar shall disclose, in confidence, the information in its
investigation to the agency responsible for the criminal enforcement
of this article or exchange that information with that agency.
   (1) The State Bar may request the Attorney General, a district
attorney, or a city attorney acting as a local prosecutor, to bring
an enforcement action under Chapter 5 (commencing with Section 17200)
of Part 2 of Division 7.
   (2) If the Attorney General, a district attorney, or a city
attorney has not elected to bring an enforcement action 60 days after
a request from the State Bar or, with the approval of the Attorney
General, a district attorney, or a city attorney acting as a local
prosecutor, the State Bar may bring a civil action in its own name,
as provided in Section 6030, for any violation of Section 6125 or
6126.
   (3) Paragraphs (1) and (2) shall not apply to an action by the
State Bar brought under Section 6126.7.
   (b) In a civil enforcement action brought by the State Bar, in
addition to the remedies and relief available in Section 6030 and
subdivision (e) of Section 6126.3, in those cases involving injury or
likelihood of imminent harm to a client or the public, the court
shall:
   (1) Impose a civil penalty in an amount not to exceed two thousand
five hundred dollars ($2,500) for each violation of Section 6125 or
6126, to be paid to the State Bar. In determining the amount of the
civil penalty to be assessed, the court shall consider any relevant
circumstances presented by any of the parties to the case, including,
but not limited to, the nature and seriousness of the misconduct,
the number of violations, the persistence of the misconduct, the
length of time over which the misconduct occurred, the willfulness of
the defendant's misconduct, and the defendant's assets, liabilities,
and net worth.
   (2) Impose a civil penalty for the intentional violation of any
injunction prohibiting the unlawful practice of law, in an amount not
to exceed six thousand dollars ($6,000) for each violation, to be
paid to the State Bar. If the conduct constituting the violation is
of a continuing nature, each day of that conduct shall be deemed a
separate and distinct violation. In determining the amount of the
civil penalty to be assessed, the court shall consider any relevant
circumstances, including, but not limited to, the extent of the harm
caused by the conduct constituting a violation, the nature and
persistence of the conduct, the length of time over which the conduct
occurred, the defendant's assets, liabilities, and net worth, and
any corrective action taken by the defendant.
   (3) Consider, when applicable, the relief available in paragraphs
(1) to (6), inclusive, of subdivision (a) of Section 6126.5.
   (4) Award to the State Bar reasonable attorney's fees and costs
and, in the court's discretion, exemplary damages as provided in
Section 3294 of the Civil Code.
   (c) In an action under subdivision (b), any penalty collected
shall be paid into the treasury of the State Bar and the funds
received shall be used as the board may direct for the purposes of
providing relief to clients harmed by persons engaged in the
unauthorized practice of law and for the purposes established
pursuant to Section 6033. The board shall annually report any
collection and expenditure of funds authorized by this section to the
Assembly and Senate Committees on Judiciary in the report described
in Section 6126.9. 
   SEC. 3.    Se   ction 6126.9 is added to the
  Business and Professions Code   , to read: 

   6126.9.  Notwithstanding Section 10231.5 of the Government Code,
the State Bar shall, by April 30 of each year, report annually to the
Assembly and Senate Committees on Judiciary concerning the number of
complaints of the unauthorized practice of law received, referrals
made pursuant to subdivision (a) of Section 6126.8, and proceedings
filed by the State Bar pursuant to Sections 6030, 6126.3, 6126.4, and
6126.8, during the preceding calendar year. The report shall also
include an accounting of any collection and expenditure of funds
authorized by Section 6126.8 during the preceding calendar year. The
report required by this section may be included in the report
described in Section 6086.15. 
   SEC. 4.    Section 6134 is added to the  
Business and Professions Code   , to read:  
   6134.  The Board of Trustees shall establish and administer an
oversight committee of the board, the majority of which shall be
composed of public members under Section 6013.5, to oversee the State
Bar's investigation and enforcement of this article. 
   SEC. 5.    Section 17206 of the   Business
and Professions Code   is amended to read: 
   17206.  Civil Penalty for Violation of Chapter
   (a) Any person who engages, has engaged, or proposes to engage in
unfair competition shall be liable for a civil penalty not to exceed
two thousand five hundred dollars ($2,500) for each violation, which
shall be assessed and recovered in a civil action brought in the name
of the people of the State of California by the Attorney General, by
any district attorney, by any county counsel authorized by agreement
with the district attorney in actions involving violation of a
county ordinance, by any city attorney of a city having a population
in excess of 750,000, by any city attorney of any city and county,
or, with the consent of the district attorney, by a city prosecutor
in any city having a full-time city prosecutor, in any court of
competent jurisdiction.
   (b) The court shall impose a civil penalty for each violation of
this chapter. In assessing the amount of the civil penalty, the court
shall consider any one or more of the relevant circumstances
presented by any of the parties to the case, including, but not
limited to, the following: the nature and seriousness of the
misconduct, the number of violations, the persistence of the
misconduct, the length of time over which the misconduct occurred,
the willfulness of the defendant's misconduct, and the defendant's
assets, liabilities, and net worth.
   (c) If the action is brought by the Attorney General, one-half of
the penalty collected shall be paid to the treasurer of the county in
which the judgment was entered, and one-half to the General Fund. If
the action is brought by a district attorney or county counsel, the
penalty collected shall be paid to the treasurer of the county in
which the judgment was entered. Except as provided in subdivision
(e), if the action is brought by a city attorney or city prosecutor,
one-half of the penalty collected shall be paid to the treasurer of
the city in which the judgment was entered, and one-half to the
treasurer of the county in which the judgment was entered. The
aforementioned funds shall be for the exclusive use by the Attorney
General, the district attorney, the county counsel, and the city
attorney for the enforcement of consumer protection laws.
   (d) The Unfair Competition Law Fund is hereby created as a special
account within the General Fund in the State Treasury. The portion
of penalties that is payable to the General Fund or to the Treasurer
recovered by the Attorney General from an action or settlement of a
claim made by the Attorney General pursuant to this chapter or
Chapter 1 (commencing with Section 17500) of Part 3 shall be
deposited into this fund. Moneys in this fund, upon appropriation by
the Legislature, shall be used by the Attorney General to support
investigations and prosecutions of California's consumer protection
laws, including implementation of judgments obtained from 
such   those  prosecutions or investigations and
other activities  which   that  are in
furtherance of this chapter or Chapter 1 (commencing with Section
17500) of Part 3. Notwithstanding Section 13340 of the Government
Code, any civil penalties deposited in the fund pursuant to the
National Mortgage Settlement, as provided in Section 12531 of the
Government Code, are continuously appropriated to the Department of
Justice for the purpose of offsetting General Fund costs incurred by
the Department of Justice.
   (e) If the action is brought at the request of a board within the
Department of Consumer  Affairs or   Affairs,
 a local consumer affairs agency,  or the State Bar of
California,  the court shall determine the reasonable expenses
incurred by the  board or local agency   board,
local agency, or the State Bar  in the investigation and
prosecution of the action.
   Before any penalty collected is paid out pursuant to subdivision
(c), the amount of any reasonable expenses incurred by the board
shall be paid to the Treasurer for deposit in the special fund of the
board described in Section 205. If the board has no such special
fund, the moneys shall be paid to the Treasurer. The amount of any
reasonable expenses incurred by a local consumer affairs agency shall
be paid to the general fund of the municipality or county that funds
the local agency.  The amount of any reasonable expenses
incurred by the State Bar shall be paid to the State Bar to fund its
investigation and enforcement of Sections 6125 and 6126. 
   (f) If the action is brought by a city attorney of a city and
county, the entire amount of the penalty collected shall be paid to
the treasurer of the city and county in which the judgment was
entered for the exclusive use by the city attorney for the
enforcement of consumer protection laws. However, if the action is
brought by a city attorney of a city and county for the purposes of
civil enforcement pursuant to Section 17980 of the Health and Safety
Code or Article 3 (commencing with Section 11570) of Chapter 10 of
Division 10 of the Health and Safety Code, either the penalty
collected shall be paid entirely to the treasurer of the city and
county in which the judgment was entered or, upon the request of the
city attorney, the court may order that up to one-half of the
penalty, under court supervision and approval, be paid for the
purpose of restoring, maintaining, or enhancing the premises that
were the subject of the action, and that the balance of the penalty
be paid to the treasurer of the city and county.
   SEC. 6.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   The unauthorized practice of law and the victimization of
consumers by nonlawyers continues to be a problem in California, as
evidenced by the scams of persons who offered to assist homeowners
with home loan modifications during the recent economic downturn and
housing crisis, and by "notaries" who continue to prey on immigrants.
Proposed immigration reform legislation pending in the United States
Congress has resulted in nonlawyers soliciting and taking advantage
of immigrants with the promise of benefits and relief under that
legislation before it is enacted. To prevent these nonattorneys from
committing fraud upon immigrants and other consumers by engaging in
the unauthorized practice of law, it is necessary that this act take
effect immediately.  
  SECTION 1.    Section 21155.4 of the Public
Resources Code, as added by Section 6 of Senate Bill 743 of the
2013-14 Regular Session, is amended to read:
   21155.4.  (a) Except as provided in subdivision (b), a
residential, employment center, as defined in paragraph (1) of
subdivision (a) of Section 21099, or mixed-use development project,
including any subdivision, or any zoning, change that meets all of
the following criteria is exempt from the requirements of this
division:
   (1) The project is proposed within a transit priority area, as
defined in subdivision (a) of Section 21099.
   (2) The project is undertaken to implement and is consistent with
a specific plan for which an environmental impact report has been
certified.
   (3) The project and specific plan are consistent with the general
use designation, density, building intensity, and applicable policies
specified for the project area in either a sustainable communities
strategy or an alternative planning strategy for which the State Air
Resources Board, pursuant to subparagraph (H) of paragraph (2) of
subdivision (b) of Section 65080 of the Government Code, has accepted
a metropolitan planning organization's determination that the
sustainable communities strategy or the alternative planning strategy
would, if implemented, achieve the greenhouse gas emissions
reduction targets.
   (b) Further environmental review shall be conducted only if any of
the events specified in Section 21166 have occurred. 

  SEC. 2.    This measure shall not become operative
unless Senate Bill 743 of the 2013-14 Regular Session is enacted.
 
  SEC. 3.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code. 
                                                   
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