BILL NUMBER: AB 60	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 9, 2015

INTRODUCED BY   Assembly Member Gonzalez
    (   Principal coauthor:   Senator 
 De León   ) 
    (   Coauthors:   Assembly Members 
 Alejo,   Baker,   Chávez,   Chu,
  Dahle,   Cristina Garcia,   and Weber
  ) 

                        DECEMBER 10, 2014

   An act to amend  Section 6240   Sections
6240, 6242, 22442.5, and 22442.6  of the Business and
Professions Code, relating to immigration services.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 60, as amended, Gonzalez. Immigration  services:
attorneys.   services. 
   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 prohibits an attorney from demanding or
accepting the advance payment of any funds from a person before the
enactment of an immigration reform act, as defined,  that is
enacted after October 5, 2013, and before January 1, 2017,  and
requires any funds received during a specified time to be refunded to
the client promptly, but no later than 30 days after the receipt of
any funds, as provided. Existing law requires the State Bar to
provide specified information relating to immigration reform act
services on its Internet Web site.
   This bill would revise the definition of an immigration reform act
to include  Executive Order No. ____, issued by the
President on ____, 2014, relating to immigration.   any
immigration reform act enacted after October 5, 2013, the President's
ex   ecutive actions on immigration announced on November
20, 2014, or any future executive action or order that authorizes an
undocumented immigrant who either entered the United States without
inspection or who did not depart after the expiration of a
nonimmigrant visa, to attain a lawful status under federal law. This
bill would require the State Bar to announce and post on its Internet
Web site when an executive action or order described above has been
enacted. This bill would provide that it is unlawful to demand or
accept the advance payment of any funds for immigration reform act
services in connection with requests for expanded Deferred Action for
Childhood   Arrivals, requests for Deferred Action for
Parents of Americans and Lawful Permanent Residents, expanded
Provisional Waivers of Unlawful Presence, or other future relief, as
provided, under federal law.  
   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 requires an immigration consultant to establish a client
trust account and to deposit in this account any funds received from
the client prior to performing immigration reform act services, as
defined, for that client. Existing law prohibits an immigration
consultant from demanding or accepting the advance payment of any
funds from a person before the enactment of an immigration reform
act, as defined, that is enacted after October 5, 2013, and before
January 1, 2017, and requires any funds received during a specified
time to be refunded to the client promptly, but no later than 30 days
after the receipt of any funds, as provided. Existing law prescribes
civil penalties, not to exceed $1,000 per day for each violation,
for immigration consultants who violate these provisions.  
   This bill would revise the definition of an immigration reform act
to include any immigration reform act enacted after October 5, 2013,
the President's executive actions on immigration announced on
November 20, 2014, or any future executive action or order that
authorizes an undocumented immigrant who either entered the United
States without inspection or who did not depart after the expiration
of a nonimmigrant visa, to attain a lawful status under federal law.
This bill would require the State Bar to announce and post on its
Internet Web site when an executive action or order described above
has been enacted. This bill would provide that it is unlawful to
demand or accept the advance payment of any funds for immigration
reform act services in connection with requests for expanded Deferred
Action for Childhood Arrivals, requests for Deferred Action for
Parents of Americans and Lawful Permanent Residents, expanded
Provisional Waivers of Unlawful Presence, or other future relief, as
provided, under federal law.  
   Because a violation of these provisions by an immigration
consultant would be a crime, this 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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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

  SECTION 1.  Section 6240 of the Business and Professions Code is
amended to read:
   6240.  For purposes of this article, the following definitions
apply:
   (a) "Immigration reform act" means either of the following:
   (1) Any pending or future act of Congress that is enacted after
October 5, 2013,  but before January 1, 2017, including, but
not limited to, the federal act known as the "Border Security,
Economic Opportunity, and Immigration Modernization Act" (S. 744,
2013),  that authorizes an undocumented immigrant who either
entered the United States without inspection or who did not depart
after the expiration of a nonimmigrant visa, to attain a lawful
status under federal law. The State Bar shall announce and post on
its Internet Web site when an immigration reform act has been
enacted. 
   (2) Executive Order No. ____, issued by the President on ____,
2014, relating to immigration.  
   (2) The President's executive actions on immigration announced on
November 20, 2014, or any future executive action or order that
authorizes an undocumented immigrant who either entered the United
States without inspection or who did not depart after the expiration
of a nonimmigrant visa to attain a lawful status under federal law.
The State Bar shall announce and post on its Internet Web site when
an executive action or order has been issued. 
   (b) "Immigration reform act services" means services offered in
connection with an immigration reform act that are necessary in the
preparation of an application and other related initial processes in
order for an undocumented immigrant, who either entered the United
States without inspection or who did not depart after the expiration
of a nonimmigrant visa, to attain a lawful status under an
immigration reform act.
   SEC. 2.   Section 6242 of the   Business and
Professions Code   is amended to read: 
   6242.  (a) It is unlawful for an attorney to demand or accept the
advance payment of any funds from a person for immigration reform act
services  before the enactment of an immigration reform act.
  in connection with any of the following:  
   (1) An immigration reform act as defined in paragraph (1) of
subdivision (a) of Section 6240, before the enactment of that act.
 
   (2) (A) Requests for expanded Deferred Action for Childhood
Arrivals (DACA) under an immigration reform act as defined in
paragraph (2) of subdivision (a) of Section 6240, before the date the
United States Citizenship and Immigration Services begins accepting
those requests.  
   (B) Requests for Deferred Action for Parents of Americans and
Lawful Permanent Residents (DAPA) under an immigration reform act as
defined in paragraph (2) of subdivision (a) of Section 6240, before
the date the United States Citizenship and Immigration Services
begins accepting those requests.  
   (C) Expanded Provisional Waivers of Unlawful Presence under an
immigration reform act as defined in paragraph (2) of subdivision (a)
of Section 6240, before the issuance and effective date of new
guidelines and regulations for those provisional waivers.  
   (D) Any relief offered under any executive action announced or
executive order issued, on or after the effective date of the act
adding this subparagraph, that authorizes an undocumented immigrant
who either entered the United States without inspection or who did
not depart after the expiration of a nonimmigrant visa to attain a
lawful status under federal law, before the executive action or order
has been implemented and the relief is available. 
   (b) Any funds received after  the effective date of this
section,   October 5, 2013,  but before the
enactment of an immigration reform act, shall be refunded to the
client promptly, but no later than 30 days after the receipt of the
funds.
   (c) (1) If an attorney providing immigration reform act services
accepted funds for immigration reform act services prior to 
the effective date of this section,   October 5, 2013,
 and the services to be performed in connection with payment of
those funds were rendered, the attorney shall promptly, but no later
than 30 days after  the effective date of this section,
  October 5, 2013,  provide the client with a
statement of accounting describing the services rendered.
   (2) (A) Any funds received before  the effective date of
this section   October 5, 2013,  for which
immigration reform act services were not rendered prior to 
the effective date of this section,   October 5, 2013,
 shall be either refunded to the client or deposited in a client
trust account.
   (B) If an attorney deposits funds in a client trust account
pursuant to this paragraph, he or she shall provide a written notice,
in both English and the client's native language, informing the
client of the following:
   (i) That there are no benefits or relief available, and that no
application for such benefits or relief may be processed, until
enactment of an immigration reform act and the related necessary
federal regulations or forms, and that, commencing with  the
effective date of this section,   October 5, 2013, 
it is unlawful for an attorney to demand or accept the advance
payment of any funds from a person for immigration reform act
services before the enactment of an immigration reform act.
   (ii) That he or she may report complaints to the Executive Office
for Immigration Review of the United States Department of Justice, to
the State Bar of California, or to the bar of the court of any
state, possession, territory, or commonwealth of the United States or
of the District of Columbia where the attorney is admitted to
practice law. The notice shall include the toll-free telephone
numbers and Internet Web sites of those entities.
   SEC. 3.    Section 22442.5 of the   Business
and Professions Code   is amended to read: 
   22442.5.  (a) An immigration consultant who provides immigration
reform act services shall establish and deposit into a client trust
account any funds received from a client prior to performing those
services for that client.
   (b) For purposes of this section, the following definitions apply:

   (1) "Immigration reform act" means  any pending or future
act of Congress that is enacted after the effective date of this
section but before January 1, 2017, including, but not limited to,
the federal act known as the "Border Security, Economic Opportunity,
and Immigration Modernization Act" (S. 744, 2013), that authorizes an
undocumented immigrant who either entered the United States without
inspection or who did not depart after expiration of a nonimmigrant
visa, to attain a lawful status under federal law. The State Bar
shall announce and post on its Internet Web site when an immigration
reform act has been enacted.   either of the following:
 
   (A) Any pending or future act of Congress that is enacted after
October 5, 2013, that authorizes an undocumented immigrant who either
entered the United States without inspection or who did not depart
after the expiration of a nonimmigrant visa, to attain a lawful
status under federal law. The State Bar shall announce and post on
its Internet Web site when an immigration reform act has been
enacted.  
   (B) The President's executive actions on immigration announced on
November 20, 2014, or any future executive action or order that
authorizes an undocumented immigrant who either entered the United
States without inspection or who did not depart after the expiration
of a nonimmigrant visa to attain a lawful status under federal law.
The State Bar shall announce and post on its Internet Web site when
an executive action or order has been issued. 
   (2) "Immigration reform act services" means services described in
Section 22441 that are provided in connection with an immigration
reform act.
   (c) The immigration consultant providing immigration reform act
services for the client may withdraw funds received from that client
only in compliance with either of the following:
   (1) After completing one or more of the itemized services
described in paragraph (1) of subdivision (b) of Section 22442, and
only in the amount identified as the cost of that service or those
services pursuant to paragraph (2) of subdivision (b) of Section
22442.
   (2) After completing one or more of the documents listed, and only
in the amounts listed, pursuant to paragraph (4) of subdivision (b)
of Section 22442.
   SEC. 4.    Section 22442.6 of th   e 
 Business and Professions Code   is amended to read:

   22442.6.  (a) It is unlawful for an immigration consultant to
demand or accept the advance payment of any funds from a person for
immigration reform act services  before the enactment of an
immigration reform act, as defined in subdivision (b) of Section
22442.5.   in connection with any of the following:
 
   (1) An immigration reform act as defined in subparagraph (A) of
paragraph (1) of subdivision (b) of Section 22442.5, before the
enactment of that act.  
   (2) (A) Requests for expanded Deferred Action for Childhood
Arrivals (DACA) under an immigration reform act as defined in
subparagraph (B) of paragraph (1) of subdivision (b) of Section
22442.5, before the date the United States Citizenship and
Immigration Services begins accepting those requests.  
   (B) Requests for Deferred Action for Parents of Americans and
Lawful Permanent Residents (DAPA) under an immigration reform act as
defined in subparagraph (B) of paragraph (1) of subdivision (b) of
Section 22442.5, before the date the United States Citizenship and
Immigration Services begins accepting those requests.  
   (C) Expanded Provisional Waivers of Unlawful Presence under an
immigration reform act as defined in subparagraph (B) of paragraph
(1) of subdivision (b) of Section 22442.5, before the issuance and
effective date of new guidelines and regulations for those
provisional waivers.  
   (D) Any relief offered under any executive action announced or
executive order issued, on or after the effective date of the act
adding this subparagraph, that authorizes an undocumented immigrant
who either entered the United States without inspection or who did
not depart after the expiration of a nonimmigrant visa to attain a
lawful status under federal law, before the executive action or order
has been implemented and the relief is available. 
   (b) Any funds received after  the effective date of this
section,   October 5, 2013,  but before the
enactment of an immigration reform act, as defined in subdivision (b)
of Section 22442.5, shall be refunded to the client promptly, but no
later than 30 days after receipt of any funds.
   (c) (1) If an immigration consultant providing immigration reform
act services accepted funds prior to  the effective date of
this section,   October 5, 2013,  and the services
provided in connection with payment of those funds were rendered, the
consultant shall promptly, but no later than 30 days after 
the effective date of this section,   October 5, 2013,
 provide the client with a statement of accounting describing
the services rendered.
   (2) (A) Any funds received before  the effective date of
this section,   October 5, 2013,  for which
immigration reform act services were not rendered prior to 
the effective date of this section,   October 5, 2013,
 shall either be refunded to the client or shall be deposited in
a client trust account pursuant to Section 22442.5.
   (B) If an immigration consultant deposits funds in a client trust
account pursuant to this paragraph, he or she shall comply with all
applicable provisions of this chapter, including Section 22442, and
shall provide to the client a written notice, in both English and in
the client's native language, that there are no benefits or relief
available, that no application for such benefits or relief may be
processed until enactment of an immigration reform act and the
related necessary federal regulations and forms, and that commencing
with  the effective date of this section,  
October 5, 2013,  it is unlawful for an immigration consultant
to demand or accept the advance payment of any funds from a person
for immigration reform act services before the enactment of an
immigration reform act.
   (d) (1) In addition to the remedies and penalties prescribed in
this chapter, 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 any person injured by the violation or in a civil action
brought in the name of the people of the State of California by the
Attorney General, a district attorney, or a city attorney.
   (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 willfulness of the misconduct.
   (E) The defendant's assets, liabilities, and net worth.
   (3) If the Attorney General brings the action, one-half of the
civil 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 a district attorney brings the action, the civil penalty collected
shall be paid to the treasurer of the county in which the judgment
was entered. If a city attorney brings the action, one-half of the
civil 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.
   (4) The court shall grant a prevailing plaintiff reasonable
attorneys' fees and costs.
   SEC. 5.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B 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 XIII B of the
California Constitution.