BILL NUMBER: AB 534 CHAPTERED 09/17/03 CHAPTER 384 FILED WITH SECRETARY OF STATE SEPTEMBER 17, 2003 APPROVED BY GOVERNOR SEPTEMBER 16, 2003 PASSED THE ASSEMBLY SEPTEMBER 3, 2003 PASSED THE SENATE AUGUST 28, 2003 AMENDED IN SENATE AUGUST 25, 2003 AMENDED IN SENATE JULY 22, 2003 AMENDED IN ASSEMBLY APRIL 29, 2003 AMENDED IN ASSEMBLY APRIL 10, 2003 INTRODUCED BY Assembly Member Vargas (Principal coauthor: Assembly Member Correa) (Coauthors: Assembly Members Chavez, Corbett, Diaz, Dutra, Frommer, Hancock, Laird, Lieber, Maze, and Nunez) (Coauthor: Senator Soto) FEBRUARY 18, 2003 An act to amend Sections 22442, 22442.2, and 22443 of, and to add Section 22442.1 to, the Business and Professions Code, relating to immigration consultants. LEGISLATIVE COUNSEL'S DIGEST AB 534, Vargas. Immigration consultants: client protection. Existing law regulates the practice of immigration consultants, defined as persons who provide nonlegal assistance or advice in an immigration matter. Existing law makes a violation of the provisions governing immigration consultants a crime. Existing law requires an immigration consultant to meet certain requirements, including (1) requiring a consultant to conspicuously display a notice stating, among other things, that he or she is not an attorney, (2) requiring a consultant to provide specified written disclosures, (3) requiring a consultant to provide a client with a written contract containing information that includes the services to be provided and the amount charged, and (4) prohibiting a consultant from retaining original documents of a client. This bill would require the written disclosure to be in the client' s native language and to contain the name of the employee who consulted with the client. The bill would require the contract to state the purpose for which the consultant has been hired, and to list and explain documents to be prepared by the consultant and the actions that the consultant will take. The bill would require a consultant to provide a signed receipt and a statement of accounting meeting certain requirements and to provide a written translation of the statement in the client's native language. The bill would prohibit an immigration consultant from making certain guarantees, promises, or statements orally to a client. This bill would require the notice posted in the consultant's office to include the services provided, the fees, and the name of the consultants. The bill would also require a consultant to return all original documents that the client has provided and to provide a copy of the client file to law enforcement at the request or with the permission of the client. Because this bill would create new requirements for an immigration consultant, the 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 22442 of the Business and Professions Code is amended to read: 22442. (a) Every person engaged in the business or acting in the capacity of an immigration consultant who enters into a contract or agreement with a client to provide services shall, prior to providing any services, provide the client with a written contract, the contents of which shall be prescribed by the Department of Consumer Affairs in regulations. (b) The written contract shall include all provisions relating to the following: (1) The services to be performed. (2) The costs of the services to be performed. (3) There shall be printed on the face of the contract in 10-point bold type a statement that the immigration consultant is not an attorney and may not perform the legal services that an attorney performs. (4) The written contract shall list the documents to be prepared by the immigration consultant, and shall explain the purpose and process of each document. (5) The written contract shall state the purpose for which the immigration consultant has been hired and the actions to be taken by the immigration consultant regarding each document, including the agency and office where each document will be filed and the approximate processing times according to current published agency guidelines. (c) An immigration consultant may not include provisions in the written contract relating to the following: (1) Any guarantee or promise, unless the immigration consultant has some basis in fact for making the guarantee or promise. (2) Any statement that the immigration consultant can or will obtain special favors from or has special influence with the United States Immigration and Naturalization Service. (d) The provisions of the written contract shall be stated both in English and in the client's native language. (e) A written contract is void if it is not written pursuant to subdivision (d). (f) The client shall have the right to rescind the contract within 72 hours of signing the contract. The contents of this subdivision shall be conspicuously set forth in the written contract in both English and the client's native language. (g) An immigration consultant may not make the statements described in subdivision (c) orally to a client. (h) This section does not apply to employees of nonprofit, tax-exempt corporations who help clients, free of charge or for a fee, including reasonable costs, consistent with that authorized by the United States Immigration and Naturalization Service for qualified designated entities, complete application forms in an immigration matter. SEC. 2. Section 22442.1 is added to the Business and Professions Code, to read: 22442.1. (a) A person engaged in the business or acting in the capacity of an immigration consultant shall provide a signed receipt to a client for each payment made by that client. The receipt shall be typed or computer generated on the consultant's letterhead. (b) A statement of accounting for the services rendered and payments made shall be provided to the client every two months, shall be typed or computer generated on the immigration consultant's letterhead, and shall display the individual charges and total charges for services and the client's payments offsetting those charges. The consultant shall provide the client a written translation of the statement in the client's native language. SEC. 3. Section 22442.2 of the Business and Professions Code is amended to read: 22442.2. (a) An immigration consultant shall conspicuously display in his or her office a notice that shall be at least 12 by 20 inches with boldface type or print with each character at least one inch in height and width in English and in the native language of the consultant's clientele, that contains the following information: (1) The full name, address, and evidence of compliance with any applicable bonding requirement including the bond number, if any. (2) A statement that the consultant is not an attorney. (3) The services that the immigration consultant provides and the current and total fee for each service. (4) The name of each consultant employed at each location. (b) Prior to providing any services, an immigration consultant shall provide the client with a written disclosure in the native language of the client that shall include the following information: (1) The immigration consultant's name, address, and telephone number. (2) The immigration consultant's agent for service of process. (3) The legal name of the employee who consulted with the client, if different from the immigration consultant. (4) Evidence of compliance with any applicable bonding requirement, including the bond number, if any. (c) (1) Except as provided in paragraph (2) or (3), an immigration consultant who prints, displays, publishes, distributes, or broadcasts, or who causes to be printed, displayed, published, distributed, or broadcasted, any advertisement for services as an immigration consultant, within the meaning of Section 22441, shall include in that advertisement a clear and conspicuous statement that the immigration consultant is not an attorney. (2) Notwithstanding paragraph (1), a person engaging in the business or acting in the capacity of an immigration consultant who is not licensed as an attorney in any state or territory of the United States, but is authorized by federal law to represent persons before the Board of Immigration Appeals or the United States Immigration and Naturalization Service, shall include in any advertisement for services as an immigration consultant a clear and conspicuous statement that the consultant is not an attorney but is authorized by federal law to represent persons before the Board of Immigration Appeals or the United States Immigration and Naturalization Service. (3) Notwithstanding paragraph (1), a person engaging in the business or acting in the capacity of an immigration consultant who is not an active member of the State Bar of California, but is an attorney licensed in another state or territory of the United States and is admitted to practice before the Board of Immigration Appeals or the United States Immigration and Naturalization Service, shall include in any advertisement for services as an immigration consultant a clear and conspicuous statement that the consultant is not an attorney licensed to practice law in California but is an attorney licensed in another state or territory of the United States and is authorized by federal law to represent persons before the Board of Immigration Appeals or the United States Immigration and Naturalization Service. (4) If an advertisement subject to this subdivision is in a language other than English, the statement required by this subdivision shall be in the same language as the advertisement. SEC. 4. Section 22443 of the Business and Professions Code is amended to read: 22443. (a) A person engaged in the business or acting in the capacity of an immigration consultant shall deliver to a client a copy of each document or form completed on behalf of the client. Each document and form delivered must include the name and address of the immigration consultant. (b) (1) A person engaged in the business or acting in the capacity of an immigration consultant shall retain copies of all documents and forms of a client for not less than three years from the date of the last service to the client. (2) Upon presentation of a written consent signed by a client, an immigration consultant shall provide a copy of the client file to law enforcement without a warrant or a subpoena. (c) (1) A person engaged in the business or acting in the capacity of an immigration consultant shall return to a client all original documents, including, but not limited to, original birth certificates, rental agreements, utility bills, employment stubs, Department of Motor Vehicle licenses with dates of entry, and passports, that the client has provided to the consultant in support of the client's application. (2) Any original document that does not need to be submitted to immigration authorities as an original document shall be returned by the immigration consultant immediately after making a copy or reproduction thereof. 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.