Sen. Ben Hueso

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 United States Board of Immigration Appeals or the United States Citizenship and Immigration Services. Existing law prohibits an immigration consultant from literally translating from English into another language, with the intent to mislead, any words or titles, including, but not limited to, "notary public," "notary," "licensed," "attorney," or "lawyer," that imply that the person is an attorney, in any document describing the immigration consultant, and expressly prohibits the literal translation of the phrase "notary public" into Spanish as "notario publico" or "notario." Existing law requires an immigration consultant to conspicuously display in their office a specified notice that includes, among other things, a statement that the immigration consultant is not an attorney. Existing law requires an immigration consultant, prior to providing services, to provide the client with a specified written disclosure in the native language of the client. Existing law establishes both criminal and civil penalties for a violation of specified provisions related to immigration consultants. This bill would replace the title "immigration consultant" with "immigration form assistant" for purposes of the above-described provisions. The bill would additionally prohibit literally translating any words or titles, with the intent to mislead, on the internet or in broadcast media and would prohibit an immigration form assistant from using the title "immigration consultant," "immigration specialist," or any other title that implies that the person has expertise in immigration matters in any document, on the internet, or in broadcast media describing the immigration form assistant. This bill would require the above-described notice and disclosure that the immigration form assistant is required to display in their office and provide to the client, to include a statement that the immigration form assistant is not an attorney nor a notario publico. The bill would prohibit an immigration form assistant from providing nonlegal assistance related to specified applications and petitions, including an application to be granted asylum under federal immigration law. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. 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 with the Secretary of State a bond of a specified amount, a specified disclosure form, and other related documents. This bill would, additionally, require that person to submit satisfactory proof of completion of specified education requirements with the disclosure form. Existing law authorizes specified persons and entities to bring certain civil actions, including an authorization for any party who, upon information an belief, claims an immigration consultant has committed a violation of the provisions related to the practice of immigration consultants to bring a civil action for injunctive relief on behalf of the general public. This bill would remove the above-described authorization for any party to bring a civil action for injunctive relief on behalf of the general public and would authorize the Secretary of State to bring a civil action for injunctive relief, restitution, and other equitable relief against an immigration form assistant in the name of the people of the State of California. Existing law prohibits a notary who holds themself out as an immigration consultant from advertising they are a notary public. This bill would prohibit a notary public who holds themself out as an immigration form assistant from using the title "immigration consultant," "immigration specialist," or any title or description reflecting an expertise in immigration matters. 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.

The Personal Income Tax Law imposes a tax on individual taxpayers measured by the taxpayer's taxable income for the taxable year, but excludes certain items of income from the computation of tax, including an exclusion for combat-related special compensation. This bill, for taxable years beginning on or after January 1, 2021, and before January 1, 2031, would exclude from gross income retirement pay received by a taxpayer from the federal government for service performed in the uniformed services, as defined, during the taxable year. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill also would include additional information required for any bill authorizing a new tax expenditure. The bill would require the Franchise Tax Board and the Department of Veterans Affairs to provide any data requested by the Legislative Analyst to write the report, and would make taxpayer information received by the Legislative Analyst subject to limitation on the collection and use of that information. By expanding the scope of 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. This bill would take effect immediately as a tax levy.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including gas corporations. Existing law, relative to restructuring of the gas industry, requires the commission to require each gas corporation to provide bundled basic gas service to all core customers in its service territory unless the customer chooses or contracts to have natural gas purchased and supplied by another entity. Existing law requires the commission, in consultation with the State Air Resources Board, to consider adopting specific biomethane procurement targets or goals for each gas corporation, as specified. Existing law requires that prior to establishing biomethane procurement targets or goals, that the commission find that the targets or goals are cost-effective means to achieving forecast reduction in emissions of short-lived climate pollutants pursuant to specified laws and that the targets or goals comply with all applicable state and federal laws. This bill would require the commission to establish a renewable gas, as defined, procurement program that requires each gas corporation to procure renewable gas in an amount so that, by January 1, 2030, at least 20 percent of the total volume of gas delivered to core customers in California by that gas corporation is renewable gas. The bill would require the commission, in designing and implementing the program, to ensure that the renewable gas procurement program is a cost-effective means to achieve forecast reductions in emissions of short-lived climate pollutants pursuant to specified laws and that the program complies with all applicable state and federal laws. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime. 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 Gender Tax Repeal Act of 1995 (the act) , prohibits a business establishment from discriminating against a person because of the person's gender with respect to the price charged for services of similar or like kind and specifies that this prohibition does not apply to price differences based specifically upon the amount of time, difficulty, or cost of providing the services. The California Fair Employment and Housing Act protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination, abridgment, or harassment on account of various personal characteristics. Under existing law, the Department of Fair Employment and Housing is responsible for receiving, investigating, conciliating, mediating, and prosecuting complaints alleging violations of specified civil rights. This bill would prohibit a business establishment from discriminating against a person because of a person's gender with respect to the price charged for any 2 consumer products from the same manufacturer that are substantially similar if those products are priced differently based on the gender of the individuals for whose use the products are intended or marketed, as specified. The bill would make the department responsible for receiving, investigating, conciliating, mediating, and prosecuting complaints alleging violations of these provisions.

Existing federal law sets forth policies and procedures governing the acquisition of land by the United States in trust status for specified individuals and tribes. Existing federal law requires the Secretary of the Department of the Interior to notify the state and local governments having regulatory jurisdiction over the land to be acquired, and authorizes the state or local government to provide written comments as to the acquisition's potential impacts on regulatory jurisdiction, real property taxes, and special assessments. This bill would require the state, when submitting comments as described above, to support, and not oppose, fee-into-trust applications submitted by tribal governments.

(1) Existing law authorizes local law enforcement agencies to adopt a policy regarding senior and disability victimization, as defined. Existing law requires local law enforcement agencies that do adopt the policy to include in the policy specified provisions related to enforcement, training, and reporting. This bill would require that all local law enforcement agencies adopt a policy regarding senior and disability victimization on or before January 1, 2022, and to make the policy and all future updates and amendments available to the Department of Justice and, upon request, to the California Commission on Aging and the state protection and advocacy agency. By expanding the duties of local law enforcement, this bill would impose a state-mandated local program. This bill would require the relevant agencies in each county, as designated by the district attorney, to develop a plan for a cooperative, multidisciplinary approach to preventing and responding to senior and disability victimization, as specified. The bill would require the district attorney to submit progress reports on the creation of the plan to the California Commission on Aging and the Department of Justice and, upon request, to the state protection and advocacy agency and the California Commission on Aging on January 1 and July 1 of each year until the adoption of the plan and to submit the plan and any subsequent updates or amendments to those agencies. The bill would require law enforcement agencies and district attorneys to report specified information relating to senior and disability victimization and the adoption of the policies and plans to the Department of Justice and would require the department to submit an annual report to the Legislature analyzing that information. By expanding the duties of the district attorney and other local agencies, this bill would impose a state-mandated local program. (2) Existing law requires the Commission on Peace Officer Standards and Training (POST) to develop and implement a course of instruction and training for specified peace officers on various topics relating to senior and disability victimization issues, including elder and dependent adult abuse and interaction with persons with mental disabilities or developmental disorders. This bill would require the commission, in consultation with subject matter experts, to review and, if necessary, update its training materials relating to senior and disability victimization. The bill would require the commission to review the training materials whenever the law is substantially amended. (3) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including gas corporations, while a public entity offering gas service is under the direction of its governing board. Existing law requires the commission to require each gas corporation to provide bundled basic gas service, as defined, to all core customers in its service territory unless the customer chooses or contracts to have natural gas purchased and supplied by another entity, including a core transport agent, as defined. Existing law requires a core transport agent to register with the commission and provide certain notices and disclosures to customers to whom it offers gas service. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. This bill would require the commission to adopt minimum standards relating to marketing and sales agents for core transport agents, as provided. The bill would require a core transport agent to disclose to a customer specified information relating to the price it offers for gas service. Because these provisions would be within the Public Utilities Act and would require action by the commission, a violation of which would be 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, with specified exceptions, makes it unlawful to permit or allow any dog to pursue any big game mammal during the closed season on that mammal, to pursue any fully protected, rare, or endangered mammal at any time, to pursue any bear or bobcat at any time, or to pursue any mammal in a game refuge or ecological reserve if hunting within that refuge or ecological reserve is unlawful. Existing law authorizes the Department of Fish and Wildlife to capture a dog not under the reasonable control of its owner or handler that is pursuing these animals in violation of this prohibition or to capture or dispatch a dog inflicting injury or immediately threatening to inflict injury on these animals under specified circumstances. Under existing law, any violation of the Fish and Game Code, or of any rule, regulation, or order made or adopted under the code, is generally a crime. This bill would make it unlawful to use any dog for the purpose of hunting deer at any time. Because a violation of this provision would be a crime, the bill would impose a state-mandated local program. The bill would authorize the department to capture or dispatch a dog being used to hunt deer under specified circumstances. 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 Bergeson-Peace Infrastructure and Economic Development Bank Act, establishes the Infrastructure and Economic Development Bank (I-Bank) within the Governor's Office of Business and Economic Development. The act requires the I-Bank to be governed and its corporate power exercised by a board of directors consisting of 5 specified members, including the Treasurer or the Treasurer's designee, and requires 3 affirmative member votes for the board to take any action. The act prohibits the members from receiving compensation for their service on the board, subject to specified exceptions, including that the act requires a member to receive $100 for each full day of attending meetings of the authority. This bill would, instead, require 4 affirmative member votes for the board to take any action and would require the members to receive $150 for each full day of attending meetings of the board.