Bill Text: CA AB638 | 2017-2018 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Immigration consultants.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2018-08-30 - Read third time. Refused passage. (Ayes 13. Noes 17. Page 6055.). [AB638 Detail]
Download: California-2017-AB638-Amended.html
which that arises under immigration and naturalization law, nonimmigrant visa, executive order or presidential proclamation, or action of the United States Department of Homeland Security, the United States Department of State, the United States Department of Justice, the United States Department of
Labor, the United States Department of Justice’s Executive Office for Immigration Review, or any other entity or agency having jurisdiction over immigration law.
Bill Title: Immigration consultants.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2018-08-30 - Read third time. Refused passage. (Ayes 13. Noes 17. Page 6055.). [AB638 Detail]
Download: California-2017-AB638-Amended.html
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CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Bill | No. 638 |
| Introduced by Assembly Members Caballero and Gonzalez Fletcher (Coauthor: Assembly Member Gipson) (Coauthor: Senator Wiener) |
February 14, 2017 |
An act to amend Section 22443.1 of, to amend and repeal Section 6126.4 of, to amend, repeal, and add Section 6126.7 of, to add Section 22449.5 to, and to repeal and add Chapter 19.5 (commencing with Section 22440) of Division 8 of, the Business and Professions Code, and to amend and repeal Section 8223 of the Government Code, relating to immigration consultants.
LEGISLATIVE COUNSEL'S DIGEST
AB 638, as amended, Caballero.
Immigration consultants.
(1) Existing law regulates the practice of immigration consultants who provide nonlegal assistance or advice in an immigration matter. 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 the regulations in 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 requires a person seeking to engage in the business or act in the capacity of an immigration consultant in this state to file a bond of a specified amount, and other related forms, with the Secretary of State. Existing law requires the Secretary of State to conduct a background check of any
person who files a bond of that nature, and requires the Secretary of State to post on its Internet Web site information on any person who has complied with the requirement to file a bond and passed the requisite background check.
This bill, the Immigration Fraud Prevention Act of 2017, would prohibit a person who was not listed on the Secretary of State’s Internet Web site as being in compliance with the bond and background check requirements described above before January 1, 2018, from submitting a bond after that date or from engaging in the business or acting in the capacity of an immigration consultant. This bill would repeal those provisions, as well as related provisions, as of January 1, 2019, and, instead, beginning January 1, 2019, would make it unlawful for a person, other than a person authorized to practice law in this state, including a paralegal who is supervised by a person authorized to practice law, or a person authorized to represent others under
federal law in an immigration matter, to engage in the practice of law in an immigration matter. The bill would also make it unlawful for a person, other than a person authorized to practice law in this state, or a person authorized to represent others under federal law in an immigration matter, to engage in specified acts and practices. The bill would prohibit a person licensed as a notary public from advertising in a manner that conveys or implies that he or she possesses professional legal skills in the areas of immigration law. The bill also would prohibit a person authorized to practice law in this state or to represent others under federal law in an immigration matter from participating in practices that amount to price gouging, as defined, when a client or prospective client solicits these services. The bill would make it unlawful for any person providing any assistance in an immigration matter, including a person authorized to practice law in this state, to do specified acts.
The bill would require the Secretary of State, by January 1, 2019, to notify any person who was registered as an active immigration consultant at any time on or after January 1, 2016, that immigration consulting is prohibited as of January 1, 2019. The bill would require a person who was registered as an active immigration consultant at any time on or after January 1, 2016, to provide each existing client specified files in his or her possession by March 1, 2018, and to, until January 1, 2020, post a sign on his or her place of business informing the public of the prohibition on immigration consulting.
This bill would establish both criminal and civil penalties for a violation of the provisions described above, and would thereby impose a state-mandated local program.
(2) Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by
the State Bar of California, a public corporation. Existing law provides it is a violation of specified provisions of law relating to the unauthorized practice of law for any person who is not an attorney to literally translate from English into another language the phrases “notary public,” “notary,” “licensed,” “attorney,” “lawyer,” or any other terms that imply that the person is an attorney. Existing law requires that a civil action brought under those provisions be commenced within 4 years after the cause of action accrues.
This bill, on or after January 1, 2019, would require a civil action brought under the provisions described above to be commenced within 5 years, instead of 4 years, after the cause of action accrues, and would require that the cause of action would not be deemed to accrue until the discovery, by the aggrieved party, of the facts constituting the violation. The bill would provide that it would be a violation of the provision described above
as an unlawful practice of law for a person to hold himself or herself out as an immigration consultant or as a person authorized to provide advice in an immigration matter, unless that person is otherwise authorized to practice law or otherwise permitted to represent others under federal law in an immigration matter.
(3) Existing law provides that, under specified conditions, a public entity has a privilege to refuse, and to prevent another from disclosing, official information acquired in confidence by a public employee in the course of his or her duty, and not open, or officially disclosed, to the public prior to the time the claim of privilege is made. Under existing law, custodial or peace officer records are accessible provided that the information is relevant to the subject matter involved in the pending litigation.
This bill would deem any client records or information obtained during the scope
of an investigation relating to immigration consultants as privileged as official information.
(4) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(5) 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known as the Immigration Fraud Prevention Act of 2017.SEC. 2.
Section 6126.4 of the Business and Professions Code is amended to read:6126.4.
Section 6126.3 shall apply to a person acting in the capacity of an immigration consultant pursuant to Chapter 19.5 (commencing with Section 22440) who advertises or holds himself or herself out as practicing or entitled to practice law, or otherwise practices law.This section shall remain in effect only until January 1, 2019, and as of that date is repealed.
SEC. 3.
Section 6126.7 of the Business and Professions Code is amended to read:6126.7.
(a) It is a violation of subdivision (a) of Section 6126 for any person who is not an attorney to literally translate from English into another language, in any document, including an advertisement, stationery, letterhead, business card, or other comparable written material, any words or titles, including, but not limited to, “notary public,” “notary,” “licensed,” “attorney,” or “lawyer,” that imply that the person is an attorney. As provided in this subdivision, the literal translation of the phrase “notary public” into Spanish as “notario publico” or “notario,” is expressly prohibited.(b) For purposes of this section, “literal translation of” or “to literally translate” a word,
title, or phrase from one language means the translation of a word, title, or phrase without regard to the true meaning of the word or phrase in the language that is being translated.
(c) (1) In addition to any other remedies and penalties prescribed in this article, a person who violates this section shall be subject to a civil penalty not to exceed one thousand dollars ($1,000) per day for each violation, to be assessed and collected in a civil action brought by the State Bar.
(2) In assessing the amount of the civil penalty, the court may consider relevant circumstances presented by the parties to the case, including, but not limited to, the following:
(A) The nature and severity of the
misconduct.
(B) The number of violations.
(C) The length of time over which the misconduct occurred, and the persistence of the misconduct.
(D) The wilfulness of the misconduct.
(E) The defendant’s assets, liabilities, and net worth.
(3) The court shall grant a prevailing plaintiff reasonable attorneys’ fees and costs.
(4) A civil action brought under this section shall be commenced within four years after the cause of action accrues.
(5) In a civil action brought by the State Bar
under this section, the civil penalty collected shall be paid to the State Bar and allocated to the fund established pursuant to Section 6033 to provide free legal services related to immigration reform act services to clients of limited means or to a fund for the purposes of mitigating unpaid claims of injured immigrant clients under Section 22447, as directed by the Board of Trustees of the State Bar. The board shall annually report any collection and expenditure of funds for the preceding calendar year, as authorized by this section, to the Assembly and Senate Committees on Judiciary. The report required by this section may be included in the report described in Section 6086.15.
(d) This section shall remain in effect only until January 1, 2019, and as of that date is repealed.
SEC. 4.
Section 6126.7 is added to the Business and Professions Code, to read:6126.7.
(a) It is a violation of subdivision (a) of Section 6126 for any person who is not an attorney to literally translate from English into another language, in any document, including an advertisement, stationery, letterhead, business card, or other comparable written material, any words or titles, including, but not limited to, “notary public,” “notary,” “licensed,” “attorney,” or “lawyer,” that imply that the person is an attorney. As provided in this subdivision, the literal translation of the phrase “notary public” into Spanish as “notario publico” or “notario,” is expressly prohibited.(b) For purposes of
this section, “literal translation of” or “to literally translate” a word, title, or phrase from one language means the translation of a word, title, or phrase without regard to the true meaning of the word or phrase in the language that is being translated.
(c) It is a violation of subdivision (a) of Section 6126 for any person, other than a person authorized to practice law in this state, or otherwise permitted to practice law or represent others under federal law in an immigration matter, to hold himself or herself out as an immigration consultant or as a person otherwise authorized to provide advice in immigration matters.
(d) (1) In addition to any other remedies and penalties prescribed in this
article, a person who violates this section shall be subject to a civil penalty not to exceed one thousand dollars ($1,000) per day for each violation, to be assessed and collected in a civil action brought by the State Bar.
(2) In assessing the amount of the civil penalty, the court may consider relevant circumstances presented by the parties to the case, including, but not limited to, the following:
(A) The nature and severity of the misconduct.
(B) The number of violations.
(C) The length of time over which the misconduct occurred, and the persistence of the misconduct.
(D) The wilfulness of the misconduct.
(E) The defendant’s assets, liabilities, and net worth.
(3) In a private civil action, the court shall grant a prevailing plaintiff reasonable attorneys’ fees and costs.
(4) A civil action brought under this section shall be commenced within five
years after the cause of action accrues. The cause of action is not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the violation.
(5) In a civil action brought by the State Bar under this section, the civil penalty collected shall be paid to the State Bar and allocated to the fund established pursuant to Section 6033 to provide free legal services related to immigration reform act services to clients of limited means or to a fund for the purposes of mitigating unpaid claims of injured immigrant clients under Section 22447, as directed by the Board of Trustees of the State Bar. The board shall annually report any collection and expenditure of funds for the preceding calendar year, as authorized by this section, to the Assembly and Senate Committees on Judiciary. The report required by this
section may be included in the report described in Section 6086.15.
(e) In addition to any other remedies and penalties prescribed by this article, a person who violates this section shall be subject to the remedies and penalties provided by Chapter 19.5 (commencing with Section 22440) of Division 8.
(f) This section shall become operative on January 1, 2019.
SEC. 5.
Chapter 19.5 (commencing with Section 22440) is added to Division 8 of the Business and Professions Code, to read:CHAPTER 19.5. Immigration Services
22440.
“Immigration matter” means any proceeding, filing, or action affecting the immigration or citizenship status of any person22441.
(a) It is unlawful for any person, other than a person authorized to practice law in this state, a paralegal working under the direction and supervision of a person authorized to practice law in this state, or a person authorized to represent others under federal law in an immigration matter, to engage in the practice of law in an immigration matter.(b) It is unlawful for any person, other than a person authorized to practice law in this state, or a person authorized to represent others under federal law in an immigration matter, to engage in the following acts or practices:
(1) Advising or assisting
another person in determining the person’s immigration status or potential eligibility for an immigration benefit.
(2) Selecting or assisting another in selecting, or advising another as to his or her answers on, a government agency form or document in an immigration matter.
(3) Selecting or assisting another in selecting, or advising another in selecting, a benefit, visa, or program to apply for in an immigration matter.
(4) Soliciting to prepare documents for, or otherwise representing the interests of, another in a judicial or administrative proceeding in an immigration matter.
(5) Explaining, advising, or otherwise interpreting the meaning or
intent of a question on a government agency form in an immigration matter.
(6) Selecting, drafting, or completing legal documents affecting the legal rights of another in an immigration matter.
(7) Advising another as to the supporting documents which that may be necessary to complete any application, brief, document, petition, or other paper provided by a federal or state agency in an immigration matter.
(8) Submitting completed forms on a person’s behalf to the United States Citizenship and Immigration Services or any other entity in connection
with an immigration matter.
(9) Charging a fee for referring another to a person authorized to practice law.
(c) It is unlawful for any person, other than a person authorized to practice law in this state, or authorized to represent others under federal law in an immigration matter, to engage in the following acts or practices:
(1) Representing, either orally or in writing, including, but not limited to, any document, letterhead, advertisement, stationery, business card, Internet Web site, or other comparable written material, that he or she is a notario publico, notario, immigration assistant, immigration consultant, immigration specialist, or using any other designation or title, in any language, that conveys or implies
that he or she possesses professional legal skills in the area of immigration law.
(2) Representing, in any language, either orally or in writing, including, but not limited to, in any document, letterhead, advertisement, stationery, business card, Internet Web site, or other comparable written material, that he or she can or is willing to provide services in an immigration matter, if those services would constitute the practice of law.
(d) In addition to complying with the prohibitions of subdivisions (a) through (c), inclusive, a person licensed as a notary public under Chapter 3 (commencing with Section 8200) of Division 1 of Title 2 of the Government Code who is not authorized to practice law in this state, shall not use the term notario publico, notario, immigration
assistant, immigration consultant, immigration specialist, or any other designation or title, in any language, that conveys or implies that he or she possesses professional legal skills in the areas of immigration law, when advertising notary public services in the conduct of his or her business. A violation of any provision of this chapter by a person licensed as a notary public shall constitute a violation of subdivision (d) of section 8214.1 of the Government Code.
(e) A violation of this section shall also constitute a violation of subdivision (a) of Section 6126 as an unlawful practice of law.
22442.
(a) It is unlawful for a person authorized to practice law in this state, or a person authorized to represent others under federal law in an immigration matter, to participate in practices that amount to price gouging when a client or prospective client solicits services associated with filing an application related to an immigration matter.(b) For the purposes of this section, “price gouging” means any practice that has the effect of pressuring the client or prospective client to purchase services immediately because purchasing them at a later time will result in the client or prospective client paying a higher price for the same services.
(c) In addition to the civil and criminal penalties described in Sections 22446 and 22447, a violation of this subdivision by an attorney shall be cause for discipline by the State Bar pursuant to Chapter 4 (commencing with Section 6000) of Division 3.
22443.
It is unlawful for any person providing any assistance in an immigration matter, including a person authorized to practice law in this state, to do any of the following acts:(a) Make false or misleading statements to a
prospective, current, or former client about an immigration matter.
(b) Make any guarantee or promise to a prospective or current client, unless the guarantee or promise is in writing, the guarantee or promise is substantiated by facts, and the person making the guarantee or
promise has those facts in his or her possession at the time the guarantee or promise is made.
(c) Make any statement that suggests or implies that the person can or will obtain special favors from or has special influence with the United States Citizenship and Immigration Services, or any other governmental agency, employee, or official, that may have a bearing on a client’s immigration matter.
(d) Charge a client a fee for referral of the client to another for services which that the referring party cannot or will not provide to the client.
22444.
(a) By January 1, 2019, the Secretary of State shall notify any individual or entity registered as an active immigration consultant under former Chapter 19.5 (commencing with Section 22440) at any time on or after January 1, 2016, and listed on the Secretary of State’s Internet Web site pursuant to subdivision (e) of former Section 22443.1, of the prohibition on immigration consulting under this chapter and the operative date of that prohibition.(b) By March 1, 2019, any individual who was registered as an active immigration consultant at any time on or after January 1, 2016, shall provide each existing client a full and complete copy of his or her file or
any other records that the consultant has regarding that client, and shall return to that client any original documents that the client had provided to the consultant. The former immigration consultant may charge his or her former client reasonable fees for photocopying of any records, not to exceed fifty cents ($0.50) per page.
(c) A person who was registered as an active immigration consultant at any time on or after January 1, 2016, shall, until January 1, 2020, post a clear and conspicuous sign, using the language developed by the Secretary of State, on his or her business informing the public of the prohibition on immigration consulting in the state. The Secretary of State shall develop, and provide to the former consultant, appropriate language for this purpose.
(d) Notwithstanding Section 22449, this section shall become operative on January 1, 2018.
22445.
Any client records or information obtained during the scope of an investigation relating to immigration consultants by any state or local officer shall be privileged as official information within the meaning of Section 1040 of the Evidence Code.22446.
(a) A violation of this chapter is a misdemeanor punishable by a fine of not less than two thousand dollars ($2,000) or more than ten thousand dollars ($10,000), as to each client with respect to whom a violation occurs, or imprisonment in the county jail for not more than one year, or by both fine and imprisonment. However, payment of restitution to a client, including a civil judgment or criminal restitution order, shall take precedence over payment of a fine.(b) A second or subsequent violation of Section 22443 or 22444 is a misdemeanor subject to the penalties specified in subdivision (a). A second or subsequent violation of any other provision of Section
22441 is a felony punishable by imprisonment in county jail.
(c) A criminal action brought pursuant to this section shall be commenced within five years after discovery of the commission of the offense.
(d) An action brought in the name of the people of the State of California shall not preclude an action being brought by an injured person.
22447.
(a) A person who violates this chapter shall be subject to a civil penalty not to exceed one hundred thousand dollars ($100,000) for each violation, to be assessed and collected in a civil action brought by any person injured by the violation.(b) The court shall impose a civil penalty for each violation of this chapter. In assessing the amount of the civil penalty, the court may consider relevant circumstances presented by the parties to the case, including, but not limited to, the following:
(1) The nature and seriousness of the misconduct.
(2) The number of violations.
(3) The persistence of the misconduct.
(4) The length of time over which the misconduct occurred.
(5) The willfulness of the defendant’s misconduct.
(6) The defendant’s assets, liabilities, and net worth.
(c) A person claiming to be aggrieved by a violation of this chapter by an immigration consultant may bring a civil action for injunctive relief or damages, or both. If the court finds that the defendant has violated a provision of this chapter, it shall award actual damages, plus an amount equal to treble the amount of actual damages or one thousand dollars ($1,000) per
violation, whichever is greater. The calculation of damages includes, but is not limited to, fees paid for services, whether the services are rendered or not, described in Section 22441, as well as fees paid to any governmental entity in relation to those services. The court shall also grant a prevailing plaintiff reasonable attorneys’ fees and costs.
(d) Any person or entity may, upon information and belief, bring an action for injunctive relief on behalf of itself or the general public and, upon prevailing, shall recover reasonable attorneys’ fees and costs. Any person or entity may recover fees and costs associated with any violations of this chapter, including, but not limited to, reasonable costs associated with the person or entity procuring immigration legal services to remedy those violations.
(e) A civil action brought under this chapter shall be set for trial at the earliest possible date, and shall take precedence over all other cases, except older matters of the same character and matters to which special preference may be given by law.
22448.
Any civil action to enforce any cause of action pursuant to this chapter shall be commenced within five years after the cause of action has accrued. The cause of action is not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the violation.22449.
Except as provided in Section 22444, this chapter shall become operative on January 1, 2019.SEC. 6.
Section 22443.1 of the Business and Professions Code is amended to read:22443.1.
(a) (1) Before January 1, 2018, prior to engaging in the business, or acting in the capacity, of an immigration consultant, each person shall file with the Secretary of State a bond of one hundred thousand dollars ($100,000) executed by a corporate surety admitted to do business in this state and conditioned upon compliance with this chapter. The total aggregate liability on the bond shall be limited to one hundred thousand dollars ($100,000).(2) The bond may be terminated pursuant to Section 995.440 of, and Article 13 (commencing with Section 996.310) of Chapter 2 of Title 14 of Part 2 of, the Code of Civil Procedure.
(b) The bond required by this section shall be in favor of, and payable to, the people of the State of California and shall be for the benefit of any person damaged by any fraud, misstatement, misrepresentation, unlawful act or omission, or failure to provide the services of the immigration consultant or the agents, representatives, or employees of the immigration consultant, while acting within the scope of that employment or agency.
(c) An immigration consultant who is required to file a surety bond with the Secretary of State shall also file a disclosure form with the Secretary of State that contains all of the following information:
(1) The immigration consultant’s name, date of birth, residence address, business address, residence telephone number, and business
telephone number.
(2) The name and address of the immigration consultant’s agent for service of process if one is required to be or has been appointed.
(3) Whether the immigration consultant has ever been convicted of a violation of this chapter or of Section 6126.
(4) Whether the immigration consultant has ever been arrested or convicted of a crime.
(5) If applicable, the name, business address, business telephone number, and agent for service of process of the corporation or partnership employing the immigration consultant.
(d) An immigration consultant shall notify the Secretary of State’s office in
writing within 30 days when the surety bond required by this section is renewed, and of any change of name, address, telephone number, or agent for service of process.
(e) The Secretary of State shall post information on its Internet Web site demonstrating that an immigration consultant is in compliance with the bond required by this section and has satisfactorily passed the background check required under Section 22441.1, and shall also post a copy of the immigration consultant’s photograph. The Secretary of State shall ensure that the information is current and shall update the information at least every 30 days. The Secretary of State shall only post this information and photograph on its Internet Web site if the person has filed and maintained the bond, filed the disclosure form and photograph required to be filed with the Secretary of
State, and passed the background check required by Section 22441.1.
(f) The Secretary of State shall develop the disclosure form required to file a bond under this section and make it available to any immigration consultant filing a bond pursuant to this section.
(g) An immigration consultant shall submit all of the following with the disclosure form:
(1) A copy of valid and current photo identification to determine the immigration consultant’s identity, such as a California driver’s license or identification card, passport, or other identification acceptable to the Secretary of State.
(2) A photograph of himself or herself with the dimensions and in the
style that would be acceptable to the United States Department of State for obtaining a United States passport, as instructed by the Secretary of State.
(h) The Secretary of State shall charge and collect a filing fee to cover the cost of filing the bond.
(i) The Secretary of State shall enforce the provisions of this chapter that govern the filing and maintenance of bonds.
(j) This section does not apply to employees of nonprofit, tax-exempt corporations who help clients complete application forms in an immigration matter free of charge or for a nominal fee, including reasonable costs, consistent with that authorized by the Board of Immigration Appeals under Section 292.2 of Title 8 of the Code of Federal
Regulations.
(k) (1) On and after January 1, 2018, a person who is seeking to engage in the business, or acting in the capacity of an immigration consultant, and was not listed on the Secretary of State’s Internet Web site as being in compliance with this chapter under subdivision (c) before January 1, 2018, shall not submit a bond, or any of the other forms required by this section, to the Secretary of State.
(2) On or after January 1, 2018, a person who is seeking to engage in the business, or acting in the capacity of an immigration consultant, and was not listed on the Secretary of State’s Internet Web site as being in compliance with this chapter under subdivision (c) before January 1, 2018, shall not engage in the business or act in the capacity of an
immigration consultant.
SEC. 7.
Section 22449.5 is added to the Business and Professions Code, to read:22449.5.
This chapter shall remain in effect only until January 1, 2019, and as of that date is repealed.SEC. 8.
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 fifteen dollars ($15) 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) This section shall remain in effect only until January 1, 2019, and as of that date is repealed.
SEC. 9.
The Legislature finds and declares that Section 3 of this act, which adds Section 22445 of the Business and Professions Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:It is necessary to protect the privacy of client records obtained during the course of an investigation.
