Today's Law As Amended


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AB-1312 College Consultants Act.(2019-2020)



As Amends the Law Today


SECTION 1.

 Chapter 6.5 (commencing with Section 6600) is added to Division 3 of the Business and Professions Code, to read:

CHAPTER  6.5. College Consultants
CHAPTER  6.5. 
Article  1. General Provisions
6600.
 This chapter shall be known and may be cited as the College Consultants Act.
6601.
 As used in this chapter, the following definitions apply:
(a) “Act” means this chapter.
(b) “Business entity” means any organization or enterprise operated for profit, including, but not limited to, a proprietorship, partnership, including a limited partnership or limited liability partnership, limited liability company, firm, business trust, joint venture, syndicate, corporation, or association.
(c) “College consultant” means an individual who receives five thousand dollars ($5,000) or more in income on an annual basis from compensation by, or on behalf of, clients for the purpose of assisting clients in the process of applying for admission to an institution of higher education.
(d) “College consulting firm” means a business entity, including a college consultant, that receives or becomes entitled to receive five thousand dollars ($5,000) or more in income on an annual basis from compensation for the purpose of assisting a client in obtaining admission to an institution of higher education.
(e) “Client” means an individual who is served by a college consultant or college consulting firm and is a resident of the State of California.
(f) “Department” means the Department of Consumer Affairs.
(g) “Institution of higher education” means a college, university, or other higher educational institution, including, but not limited to, the California Community Colleges, the California State University, the University of California, or any independent institution of higher education accredited by an agency recognized by the federal Department of Education.
Article  2. Registration Process
6602.
 (a) On or before January 1, 2022, the Secretary of State, in consultation with the department, shall recommend to the Legislature a cost-effective electronic registration process for the registration of college consultants and college consulting firms. The registration process shall meet all of the following criteria:
(1) Be in an entirely online format.
(2) Be made publicly available by the Secretary of State on its internet website.
(3) Provide for the payment of reasonable registration fees by each college consultant or college consulting firm via an online process.
(b) It is the intent of the Legislature, in enacting this section, to ensure that the Secretary of State recommends to the Legislature a registration process that may, subject to the enactment of subsequent legislation, be implemented on or before January 1, 2023.
Article  3. College Consulting Advisory Task Force
6603.
 (a) The department shall create the College Consulting Advisory Task Force consisting of representatives from both the public and private sectors with expertise in education.
(b) On or before January 1, 2022, the task force shall submit a report of its findings and recommendations to the Legislature, including, but not limited to, best practices in the college consulting industry and other legislative recommendations that may be taken to better regulate the field of college consulting. These recommendations shall be subject to the enactment of legislation by the Legislature.
(c) The requirement for submitting a report imposed under subdivision (b) is inoperative on January 1, 2026, pursuant to Section 10231.5 of the Government Code.
(d) A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.