Amended in Senate August 15, 2013

Amended in Senate August 12, 2013

Amended in Senate July 10, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1159


Introduced by Assembly Member Gonzalez

(Principal coauthor: Senator De León)

begin insert

(Coauthor: Assembly Member Alejo)

end insert
begin insert

(Coauthor: Senator Hueso)

end insert

February 22, 2013


An act to amend Sections 22442begin delete and 22443.1end deletebegin insert and 22442.3end insert of, to add Sectionsbegin delete 22442.15end deletebegin insert 6126.7, 22442.5,end insert andbegin delete 22442.20end deletebegin insert 22442.6end insert to,begin delete andend delete to add Article 16 (commencing with Section 6240) to Chapter 4 of Division 3 of,begin insert and to amend, repeal, and add Section 22443.1 of,end insert the Business and Professions Code, relating to immigration services, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 1159, as amended, Gonzalez. Immigration services.

Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation.

Thisbegin delete bill would require attorneys providing immigration reform act services, as defined, to register with the State Bar, as specified. Theend delete bill would requirebegin delete theseend delete attorneysbegin insert providing immigration reform act services, as defined,end insert to provide a client with a written contract containing specified information, includingbegin delete an itemized list, with costs, of each service to be performed; to provide to the client a statement of accounting for the services rendered and payments made every 2 months; and to deliver to the client a copy of each document or form completed on behalf of the client. The bill would require these attorneys to comply with certain requirements relating to document retention and the return of original documents to clients and to file with the State Bar a bond of $100,000 in accordance with specified provisions. The bill would require these attorneys to deposit in a client trust account any funds received from the client prior to performing those services for that client, and would impose certain requirements relating to the expenditure of funds from this trust account. The bill would authorize the State Bar to charge these attorneys certain fees for the reasonable regulatory costs of administering and enforcing these provisions and would require the State Bar to adopt rules and regulations for purposes of implementing these provisions.end deletebegin insert a description of the services that the attorney anticipates will be performed, the basis of compensation for these services, and a statement informing the client that he or she may report complaints regarding the attorney’s services to specified entities.end insert

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 provide a client with a written contract containing specified information prior to providing services. Existing law requires an immigration consultant to file a bond of $50,000 with the Secretary of State in accordance with specified provisions of law.

This bill wouldbegin insert, commencing 6 months following the effective date of this bill,end insert increase the amount of this bond to $100,000. The bill would require that the written contract contain additional information relating to an explanation of the purpose of each service to be performed. The bill would require 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, and would impose certain requirements relating to the expenditure of funds from this trust account.

The bill would prohibit an attorney or an immigration consultant from demanding or accepting the advance payment of any funds from a person before the enactment ofbegin delete a specified federal actend deletebegin insert an immigration reform actend insert,begin insert as defined,end insert and would require any funds received afterbegin delete January 1, 2014end deletebegin insert the effective date of this billend insert, but before the enactment ofbegin delete the federalend deletebegin insert an immigration reformend insert act, to be refunded to the client.begin insert The bill would require any funds that were received before the effective date of the bill for services not yet rendered to be either refunded to the client or deposited in a client trust fund in accordance with specified provisions. The bill would prescribe penalties, not to exceed $1,000 per day for each violation, for immigration consultants who violate these provisions.end insert

begin insert

Existing law prohibits an immigration consultant from literally translating the phrase “notary public” into Spanish.

end insert
begin insert

This bill would provide that a violation of these provisions constitutes a violation of specified provisions of law relating to the unauthorized practice of law. The bill also would prescribe penalties, not to exceed $1,000 per day for each violation, for immigration consultants who violate these provisions. Additionally, the bill would make it 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.

end insert

Because a violation of these provisions by an immigration consultant would be a crime, this bill would impose a state-mandated local program.

This bill would provide that certain of its provisions would become operative only upon the enactment of a specified federal act relating to immigration reform.

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 declare that it is to take effect immediately as an urgency statute.

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 6126.7 is added to the end insertbegin insertBusiness and
2Professions Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert6126.7.end insert  

(a) It is a violation of subdivision (a) of Section 6126
4for any person who is not an attorney to literally translate from
P4    1English into another language, in any document, including an
2advertisement, stationery, letterhead, business card, or other
3comparable written material, any words or titles, including, but
4not limited to, “notary public,” “notary,” “licensed,” “attorney,”
5or “lawyer,” imply that the person is an attorney. As provided in
6this subdivision, the literal translation of the phrase “notary
7public” into Spanish as “notario publico” or “notario,” is
8expressly prohibited.

9(b) For purposes of this section, “literal translation” of a word
10or phrase from one language means the translation of a word or
11phrase without regard to the true meaning of the word or phrase
12in the language that is being translated.

end insert
13

begin deleteSECTION 1.end delete
14begin insertSEC. 2.end insert  

Article 16 (commencing with Section 6240) is added
15to Chapter 4 of Division 3 of the Business and Professions Code,
16to read:

17 

18Article 16.  Attorneys Providing Immigrationbegin delete Reform Actend delete
19 Services
20

 

begin delete
21

6240.  

(a) An attorney who provides immigration reform act
22services, and who meets the criteria described in subdivision (c),
23shall register with the State Bar as an attorney who provides
24immigration reform act services, and shall demonstrate compliance
25with this article, as may be required by the rules and regulations
26of the State Bar.

27(b) 

end delete
28begin insert

begin insert6240.end insert  

end insert

For purposes of this article, the following definitions
29apply:

begin delete

30(1)

end delete

31begin insert(a)end insert “Immigration reform act” meansbegin insert any pending or future act
32of Congress that is enacted after the effective date of this section
33but before January 1, 2017, including, but not limited to,end insert
the federal
34act known as the “Border Security, Economic Opportunity, and
35Immigration Modernization Act”begin delete (S. 744, 2013).end deletebegin insert (S. 744, 2013),
36that authorizes an undocumented immigrant who either entered
37the United States without inspection or who did not depart after
38the expiration of a nonimmigrant visa, to attain a lawful status
39under federal law.end insert

begin delete

40(2)

end delete

P5    1begin insert(b)end insert “Immigration reform act services” means begin delete consultation or
2 representation services related to immigration and citizenship
3status, benefits, or relief underend delete
thebegin insert services necessary in the
4preparation of an application and other related initial processes
5in order for an undocumented immigrant who either entered the
6United States without inspection or who did not depart after the
7expiration of a nonimmigrant visa, to attain a lawful status under
8anend insert
immigration reform act.

begin delete

9(c) Except as provided in subdivision (d), this article shall apply
10to the following:

11(1) An attorney who is a member of the State Bar who provides
12immigration reform act services.

13(2) An attorney who is not a member of the State Bar, but who
14meets both of the following:

15(A) The attorney is authorized to practice law or authorized by
16federal law to represent persons before the Board of Immigration
17Appeals or the United States Citizenship and Immigration Services.

18(B) The attorney is providing immigration reform act services
19in an office or business in California.

20(d) This article does not apply to an attorney providing
21immigration reform act services who is either of the following:

22(1) An employee of a qualified free legal service provider, that
23is on the current list maintained by the Office of the Chief
24Immigration Judge of the Executive Office for Immigration Review
25and that meets the qualifications under Section 1003.61 of Title 8
26of the Code of Federal Regulations.

27(2) An employee of a nonprofit, tax-exempt corporation who
28helps clients complete application forms in immigration matters
29free of charge, or for a fee, including reasonable costs, consistent
30with that authorized by the Board of Immigration Appeals under
31Section 292.2 of Title 8 of the Code of Federal Regulations.

end delete
begin delete
32

6241.  

(a) An attorney providing immigration reform act
33services shall, prior to providing these services, provide the client
34with a written contract in a form approved by the State Bar. The
35written contract shall include, but is not limited to, all of the
36following provisions:

37(1) An itemized list specifying each service to be performed,
38with an explanation of the purpose and process of each service.

39(2) The cost of each itemized service described in paragraph
40(1).

P6    1(3) An itemized list of the documents to be prepared by the
2attorney, with an explanation of the purpose and process of each
3document.

4(4) The cost of preparation of each itemized document described
5in paragraph (3).

6(5) A statement of the purpose for which the attorney has been
7hired and the actions to be taken by the attorney regarding each
8document described in paragraph (3), including the agency and
9office where each document will be filed and the approximate
10processing times according to applicable published agency
11guidelines.

12(6) A statement informing the client that he or she may report
13complaints to the Office of Immigrant Assistance of the
14Department of Justice and to the State Bar of California. This
15statement shall include the toll-free telephone numbers and Internet
16Web sites of those entities.

17(b) An attorney providing immigration reform act services shall
18not, in writing or orally, make either of the following statements:

19(1) A guarantee or promise regarding the results of the services.

20(2) A statement that the attorney can or will obtain special favors
21from, or has special influence with, the United States Citizenship
22and Immigration Services or any other governmental agency,
23employee, or official that may have a bearing on a client’s
24immigration matter.

25(c) The provisions of the written contract shall be stated in
26English and in the client’s native language. A written contract is
27void if it is not written pursuant to this subdivision.

28(d) The client shall have the right to rescind the contract within
2972 hours of signing the contract. The written contract shall
30conspicuously state this right in both English and the client’s native
31language.

32

6242.  

A statement of accounting for the immigration reform
33act services rendered and payments made shall be provided to the
34client every two months, shall be typed or computer generated on
35the attorney’s letterhead, and shall display the itemized charges
36and total charges for services and the client’s payments offsetting
37those charges. The attorney shall provide the client a written
38translation of the statement in the client’s native language, if
39applicable.

P7    1

6243.  

An attorney providing immigration reform act services
2shall do all of the following:

3(a) Deliver to the client a copy of each document or form
4completed on behalf of the client. Each document and form
5delivered shall include the name and address of the attorney who
6prepared the document or form.

7(b) Retain copies of all documents and forms of a client for not
8less than three years from the date of the last service to the client.

9(c) Return to a client all original documents that the client has
10provided to the attorney in support of the client’s application,
11including, but not limited to, original birth certificates, rental
12agreements, utility bills, employment stubs, Department of Motor
13Vehicle licenses with dates of entry, and passports. An original
14document that does not need to be submitted to immigration
15authorities as an original document shall be returned by the attorney
16immediately after making a copy or reproduction thereof.

17

6244.  

(a) (1) Prior to providing immigration reform act
18services, an attorney shall file with the State Bar a bond of one
19hundred thousand dollars ($100,000) executed by a corporate
20surety admitted to do business in this state and conditioned upon
21compliance with this article. The total aggregate liability on the
22bond shall be limited to one hundred thousand dollars ($100,000).

23(2) The bond may be terminated pursuant to Section 995.440
24of, and Article 13 (commencing with Section 996.310) of Chapter
252 of Title 14 of Part 2 of, the Code of Civil Procedure.

26(b) The bond required by this section shall be in favor of, and
27payable to, the State Bar of California and shall be for the benefit
28of any person damaged by any fraud, misstatement,
29misrepresentation, unlawful act or omission, or failure to provide
30the immigration reform act services of the attorney or the agents,
31representatives, or employees of the attorney, while acting within
32the scope of that employment or agency.

33(c) An attorney shall notify the State Bar’s office in writing
34within 30 days when the surety bond required by this section is
35renewed, and of any change of name, address, telephone number,
36or agent for service of process.

37(d) The State Bar shall post information on its Internet Web site
38demonstrating that an attorney is registered to provide immigration
39reform act services and is in compliance with the requirements of
40this section. The State Bar shall update the information at least
P8    1every 30 days. The State Bar shall remove this information if the
2attorney is out of compliance with the requirements of this section.

3(e) The State Bar shall adopt rules and regulations specifying
4the process by which a person may make a claim to recover
5damages from the bond.

6

6245.  

(a) An attorney who provides immigration reform act
7services shall deposit in a client trust account any funds received
8from the client prior to performing those services for that client.

9(b) The attorney providing the immigration reform act services
10for the client may withdraw funds received from that client only
11in compliance with either of the following:

12(1) After completing one or more of the itemized services
13described in paragraph (1) of subdivision (a) of Section 6241, and
14only in the amount identified as the cost of that service or those
15services pursuant to paragraph (2) of subdivision (a) of Section
166241.

17(2) After completing one or more of the itemized documents
18described in paragraph (3) of subdivision (a) of Section 6241, and
19only in the amount identified as the cost of the preparation of that
20document or those documents pursuant to paragraph (4) of
21subdivision (a) of Section 6241.

end delete
begin insert
22

begin insert6241.end insert  

This article shall apply to the following:

23(a) An attorney who is an active member of the State Bar who
24provides immigration reform act services.

25(b) An attorney who is not an active member of the State Bar,
26but who meets both of the following:

27(1) The attorney is authorized to practice law or authorized by
28federal law to represent persons before the Board of Immigration
29Appeals or the United States Citizenship and Immigration Services.

30(2) The attorney is providing immigration reform act services
31in an office or business in California.

end insert
32

begin delete6246.end delete
33begin insert6242.end insert  

(a) It is unlawful for an attorney to demand or accept
34the advance payment of any funds from a person for immigration
35reform act services before the enactment ofbegin delete theend deletebegin insert anend insert immigration
36reform act.

37(b) Any funds received afterbegin delete January 1, 2014end deletebegin insert the effective date
38of this sectionend insert
, but before the enactment ofbegin delete theend deletebegin insert anend insert immigration
39reform act, shall be refunded to the client.

begin delete

40(c) This section shall become operative on January 1, 2014.

end delete
begin insert

P9    1(c) (1) If an attorney providing immigration reform act services
2accepted funds prior to the effective date of this section, and the
3services provided in connection with payment of those funds were
4rendered, the attorney shall provide the client with a statement of
5accounting describing the services rendered.

end insert
begin insert

6(2) (A) Any funds received before the effective date of this
7section and before the enactment of an immigration reform act,
8for which immigration reform act services have not yet been
9rendered, shall either be refunded to the client or shall be deposited
10in a client trust account.

end insert
begin insert

11(B) If an attorney deposits funds in a client trust account
12pursuant to this paragraph, he or she shall provide to the client a
13written notice, in both English and the client’s native language,
14that there are no benefits or relief that are available, and that no
15application for such benefits or relief may be processed until
16enactment of an immigration reform act and the related necessary
17federal regulations and forms.

end insert
begin delete
18

6247.  

The State Bar may charge and collect registration,
19renewal, and filing fees from attorneys providing immigration
20reform act services for the reasonable regulatory costs of
21administering and enforcing this article.

end delete
begin delete
22

6248.  

(a) The State Bar shall adopt rules and regulations for
23purposes of implementing and enforcing this article.

24(b) Except as provided in Section 6246, this article shall become
25operative only upon the enactment of the immigration reform act.

end delete
begin insert
26

begin insert6243.end insert  

(a) An attorney providing immigration reform act
27services shall, prior to providing those services, provide the client
28with a written contract. The written contract shall include, but
29need not be limited to, all of the following:

30(1) A description explaining the services that the attorney
31anticipates will be performed.

32(2) The basis of compensation for the services, including, but
33not limited to, hourly rates, statutory fees, flat fees, and other
34standard rates, fees, and charges applicable to the services.

35(3) A statement informing the client that he or she may report
36complaints to the Office of Immigrant Assistance of the Department
37of Justice, to the State Bar of California, or to the bar of the court
38of any state, possession, territory, or commonwealth of the United
39States or of the District of Columbia where the attorney is admitted
P10   1to practice law. This statement shall include the toll-free telephone
2numbers and Internet Web sites of those entities.

3(b) (1) Except as specified in paragraphs (2) and (3), the
4provisions of the written contract shall be stated in both English
5and the client’s native language.

6(2) Upon the consent of the client, the contract need not be
7written in English, and may instead be written in the client’s native
8language or another language that the client understands.

9(3) For unwritten languages and languages that, in a reasonable
10person’s estimation, are extremely rare or uncommon, the
11provisions of the contract shall be written in English and shall be
12orally translated to the client in a language the client can
13understand. If a contract is orally translated pursuant to this
14paragraph, the written contract shall include a verification that
15the provisions of the contract have been orally translated, that the
16translator is competent to make the translation, and that the
17translation is true and accurate to the best of the translator’s
18abilities.

19(4) A written contract is void if it does not comply with this
20subdivision.

21(c) The State Bar may provide forms for contracts for use under
22this section.

23(d) This section shall become operative only upon the enactment
24of an immigration reform act, as defined in paragraph (1) of
25subdivision (a) of Section 6240.

end insert
26

begin deleteSEC. 2.end delete
27begin insertSEC. 3.end insert  

Section 22442 of the Business and Professions Code
28 is amended to read:

29

22442.  

(a) Every person engaged in the business, or acting in
30the capacity of, an immigration consultant who enters into a
31contract or agreement with a client to provide services shall, prior
32to providing any services, provide the client with a written contract,
33the contents of which shall be prescribed by the Department of
34Consumer Affairs in regulations.

35(b) The written contract shall include all provisions relating to
36the following:

37(1) The services to be performed. Each service to be performed
38shall be itemized with an explanation of the purpose and process
39of each service.

40(2) The cost of each itemized service to be performed.

P11   1(3) There shall be printed on the face of the contract in 10-point
2boldface type a statement that the immigration consultant is not
3an attorney and may not perform the legal services that an attorney
4performs.

5(4) The written contract shall list the documents to be prepared
6by the immigration consultant, shall explain the purpose and
7process of each document, and shall list the cost for preparing each
8document.

9(5) The written contract shall state the purpose for which the
10immigration consultant has been hired and the actions to be taken
11by the immigration consultant regarding each document, including
12the agency and office where each document will be filed and the
13approximate processing times according to current published
14agency guidelines.

15(6) The written contract shall include a provision that informs
16the client that he or she may report complaints relating to
17immigration consultants to the Office of Immigrant Assistance of
18the Department of Justice. The written contract shall also include
19a provision stating that complaints concerning the unauthorized
20practice of law may be reported to the State Bar of California.
21These required provisions shall include the toll-free telephone
22numbers and Internet Web sites of those entities.

23(c) An immigration consultant shall not include provisions in
24the written contract relating to either of the following:

25(1) Any guarantee or promise, unless the immigration consultant
26has some basis in fact for making the guarantee or promise.

27(2) Any statement that the immigration consultant can or will
28obtain special favors from or has special influence with the United
29States Citizenship and Immigration Services, or any other
30governmental agency, employee, or official, that may have a
31bearing on a client’s immigration matter.

32(d) The provisions of the written contract shall be stated both
33in English and in the client’s native language.

34(e) A written contract is void if it is not written pursuant to
35subdivision (d).

36(f) The client shall have the right to rescind the contract within
3772 hours of signing the contract. The contents of this subdivision
38shall be conspicuously set forth in the written contract in both
39English and the client’s native language.

P12   1(g) An immigration consultant shall not make the statements
2 described in subdivision (c) orally to a client.

3(h) This section does not apply to employees of nonprofit,
4tax-exempt corporations who help clients complete application
5forms in an immigration matter free of charge or for a fee, including
6reasonable costs, consistent with that authorized by the Board of
7Immigration Appeals under Section 292.2 of Title 8 of the Code
8of Federal Regulations.

9begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 22442.3 of the end insertbegin insertBusiness and Professions Codeend insert
10begin insert is amended to read:end insert

11

22442.3.  

begin insert(a)end insertbegin insertend insertAn immigration consultant shall not, with the
12intent to mislead, literally translate, from English into another
13language,begin delete theend deletebegin insert anyend insert words or titles, including, but not limited to,
14“notary public,” “notary,” “licensed,” “attorney,”begin insert orend insert “lawyer,”begin delete or
15any other termsend delete
that imply that the person is an attorney, in any
16document, including an advertisement, stationery, letterhead,
17business card, or other comparable written material describing the
18immigration consultant.

19(b) For purposes of this section, “literal translation” of a word
20or phrase from one language means the translation of a word or
21phrase without regard to the true meaning of the word or phrase
22in the language that is being translated.

23(c) An immigration consultant may not make or authorize the
24making of any verbal or written references to his or her compliance
25with the bonding requirements of Section 22443.1 except as
26provided in this chapter.

begin insert

27(d) A violation of subdivision (a) or (c) by an immigration
28consultant shall constitute a violation of subdivision (a) of Section
296126.

end insert
begin insert

30(e) (1) In addition to the remedies and penalties prescribed in
31this chapter, a person who violates this section shall be subject to
32a civil penalty not to exceed one thousand dollars ($1,000) per
33day for each violation, to be assessed and collected in a civil action
34brought by any person injured by the violation or in a civil action
35brought in the name of the people of the State of California by the
36Attorney General, a district attorney, or a city attorney.

end insert
begin insert

37(2) In assessing the amount of the civil penalty, the court may
38consider relevant circumstances presented by the parties to the
39case, including, but not limited to, the following:

end insert
begin insert

40(A) The nature and severity of the misconduct.

end insert
begin insert

P13   1(B) The number of violations.

end insert
begin insert

2(C) The length of time over which the misconduct occurred, and
3the persistence of the misconduct.

end insert
begin insert

4(D) The wilfulness of the misconduct.

end insert
begin insert

5(E) The defendant’s assets, liabilities, and net worth.

end insert
begin insert

6(3) If the Attorney General brings the action, one-half of the
7civil penalty collected shall be paid to the treasurer of the county
8in which the judgment was entered, and one-half to the General
9Fund. If a district attorney brings the action, the civil penalty
10collected shall be paid to the treasurer of the county in which the
11judgment was entered. If a city attorney brings the action, one-half
12of the civil penalty collected shall be paid to the treasurer of the
13city in which the judgment was entered, and one-half to the
14treasurer of the county in which the judgment was entered.

end insert
begin insert

15(4) The court shall grant a prevailing plaintiff reasonable
16attorneys’ fees and costs.

end insert
17

begin deleteSEC. 3.end delete
18begin insertSEC. 5.end insert  

Sectionbegin delete 22442.15end deletebegin insert 22442.5end insert is added to the Business
19and Professions Code
, to read:

20

begin delete22442.15.end delete
21begin insert22442.5.end insert  

(a) An immigration consultant who provides
22immigration reform act services shall establish and deposit into a
23client trust account any funds received from a client prior to
24performing those services for that client.

25(b) For purposes of this section, the following definitions apply:

26(1) “Immigration reform act” meansbegin insert any pending or future act
27of Congress that is enacted after the effective date of this section
28but before January 1, 2017, including, but not limited to,end insert
the federal
29act known as the “Border Security, Economic Opportunity, and
30Immigration Modernization Act”begin delete (S. 744, 2013).end deletebegin insert (S. 744, 2013),
31that authorizes an undocumented immigrant who either entered
32the United States without inspection or who did not depart after
33expiration of a nonimmigrant visa, to attain a lawful status under
34federal law.end insert

35(2) “Immigration reform act services” meansbegin delete consultation or
36representation services related to immigration and citizenship
37status, benefits, or relief under theend delete
begin insert services described in Section
3822441 that are provided in connection with anend insert
immigration reform
39act.

P14   1(c) The immigration consultant providing immigration reform
2act services for the client may withdraw funds received from that
3client only in compliance with either of the following:

4(1) After completing one or more of the itemized services
5described in paragraph (1) of subdivision (b) of Section 22442,
6and only in the amount identified as the cost of that service or
7those services pursuant to paragraph (2) of subdivision (b) of
8Section 22442.

9(2) After completing one or more of the documents listed, and
10only in the amounts listed, pursuant to paragraph (4) of subdivision
11(b) of Section 22442.

12(d) This section shall become operative only upon the enactment
13ofbegin delete theend deletebegin insert anend insert immigration reform act.

14

begin deleteSEC. 4.end delete
15begin insertSEC. 6.end insert  

Sectionbegin delete 22442.20end deletebegin insert 22442.6end insert is added to the Business
16and Professions Code
, to read:

17

begin delete22442.20.end delete
18begin insert22442.6.end insert  

(a) It is unlawful for an immigration consultant to
19demand or accept the advance payment of any funds from a person
20for immigration reform act services before the enactment ofbegin delete theend delete
21begin insert an end insert immigration reform act, as defined in subdivision (b) of Section
22begin delete22442.15.end deletebegin insert 22442.5.end insert

23(b) Any funds received afterbegin delete January 1, 2014end deletebegin insert the effective date
24of this sectionend insert
, but before the enactment ofbegin delete theend deletebegin insert anend insert immigration
25reform act, as defined in subdivision (b) of Sectionbegin delete 22442.15,end delete
26begin insert 22442.5,end insert shall be refunded to the client.

begin insert

27(c) (1) If an immigration consultant providing immigration
28reform act services accepted funds prior to the effective date of
29this section, and the services provided in connection with payment
30of those funds were rendered, the consultant shall provide the
31client with a statement of accounting describing the services
32rendered.

end insert
begin insert

33(2) (A) Any funds received before the effective date of this
34section and before the enactment of an immigration reform act,
35for which immigration reform act services have not yet been
36rendered, shall either be refunded to the client or shall be deposited
37in a client trust account pursuant to Section 22442.5.

end insert
begin insert

38(B) If an immigration consultant deposits funds in a client trust
39account pursuant to this paragraph, he or she shall provide to the
40client a written notice, in both English and in the client’s native
P15   1language, that there are no benefits or relief that are available
2and that no application for such benefits or relief may be processed
3until enactment of an immigration reform act and the related
4necessary federal regulations and forms.

end insert
begin insert

5(d) (1) In addition to the remedies and penalties prescribed in
6this chapter, a person who violates this section shall be subject to
7a civil penalty not to exceed one thousand dollars ($1,000) per
8day for each violation, to be assessed and collected in a civil action
9brought by any person injured by the violation or in a civil action
10brought in the name of the people of the State of California by the
11Attorney General, a district attorney, or a city attorney.

end insert
begin insert

12(2) In assessing the amount of the civil penalty, the court may
13consider relevant circumstances presented by the parties to the
14case, including, but not limited to, the following:

end insert
begin insert

15(A) The nature and severity of the misconduct.

end insert
begin insert

16(B) The number of violations.

end insert
begin insert

17(C) The length of time over which the misconduct occurred, and
18the persistence of the misconduct.

end insert
begin insert

19(D) The wilfulness of the misconduct.

end insert
begin insert

20(E) The defendant’s assets, liabilities, and net worth.

end insert
begin insert

21(3) If the Attorney General brings the action, one-half of the
22civil penalty collected shall be paid to the treasurer of the county
23in which the judgment was entered, and one-half to the General
24Fund. If a district attorney brings the action, the civil penalty
25collected shall be paid to the treasurer of the county in which the
26judgment was entered. If a city attorney brings the action, one-half
27of the civil penalty collected shall be paid to the treasurer of the
28city in which the judgment was entered, and one-half to the
29treasurer of the county in which the judgment was entered.

end insert
begin insert

30(4) The court shall grant a prevailing plaintiff reasonable
31attorneys’ fees and costs.

end insert
32

begin deleteSEC. 5.end delete
33begin insertSEC. 7.end insert  

Section 22443.1 of the Business and Professions Code
34 is amended to read:

35

22443.1.  

(a) (1) Prior to engaging in the business, or acting
36in the capacity, of an immigration consultant, each person shall
37file with the Secretary of State a bond ofbegin delete one hundred thousand
38dollars ($100,000)end delete
begin insert fifty thousand dollars ($50,000)end insert executed by a
39corporate surety admitted to do business in this state and
40conditioned upon compliance with this chapter. The total aggregate
P16   1liability on the bond shall be limited tobegin delete one hundred thousand
2dollars ($100,000)end delete
begin insert fifty thousand dollars ($50,000)end insert.

3(2) The bond may be terminated pursuant to Section 995.440
4of, and Article 13 (commencing with Section 996.310) of Chapter
52 of Title 14 of Part 2 of, the Code of Civil Procedure.

6(b) The bond required by this section shall be in favor of, and
7payable to, the people of the State of California and shall be for
8the benefit of any person damaged by any fraud, misstatement,
9misrepresentation, unlawful act or omission, or failure to provide
10the services of the immigration consultant or the agents,
11representatives, or employees of the immigration consultant, while
12acting within the scope of that employment or agency.

13(c) An immigration consultant who is required to file a surety
14bond with the Secretary of State shall also file a disclosure form
15with the Secretary of State that contains all of the following
16information:

17(1) The immigration consultant’s name, date of birth, residence
18address, business address, residence telephone number, and
19business telephone number.

20(2) The name and address of the immigration consultant’s agent
21for service of process if one is required to be or has been appointed.

22(3) Whether the immigration consultant has ever been convicted
23of a violation of this chapter or of Section 6126.

24(4) Whether the immigration consultant has ever been arrested
25or convicted of a crime.

26(5) If applicable, the name, business address, business telephone
27number, and agent for service of process of the corporation or
28partnership employing the immigration consultant.

29(d) An immigration consultant shall notify the Secretary of
30State’s office in writing within 30 days when the surety bond
31required by this section is renewed, and of any change of name,
32address, telephone number, or agent for service of process.

33(e) The Secretary of State shall post information on its Internet
34Web site demonstrating that an immigration consultant is in
35compliance with the bond required by this section and has
36satisfactorily passed the background check required under Section
3722441.1, and shall also post a copy of the immigration consultant’s
38photograph. The Secretary of State shall ensure that the information
39is current and shall update the information at least every 30 days.
40The Secretary of State shall only post this information and
P17   1photograph on its Internet Web site if the person has filed and
2maintained the bond, filed the disclosure form and photograph
3required to be filed with the Secretary of State, and passed the
4background check required by Section 22441.1.

5(f) The Secretary of State shall develop the disclosure form
6required to file a bond under this section and make it available to
7any immigration consultant filing a bond pursuant to this section.

8(g) An immigration consultant shall submit all of the following
9with the disclosure form:

10(1) A copy of valid and current photo identification to determine
11the immigration consultant’s identity, such as a California driver’s
12license or identification card, passport, or other identification
13acceptable to the Secretary of State.

14(2) A photograph of himself or herself with the dimensions and
15in the style that would be acceptable to the U.S. Department of
16State for obtaining a United States passport, as instructed by the
17Secretary of State. An immigration consultant bonded on or before
18December 31, 2006, shall submit the photograph on or before July
191, 2007.

20(h) The Secretary of State shall charge and collect a filing fee
21to cover the cost of filing the bond.

22(i) The Secretary of State shall enforce the provisions of this
23chapter that govern the filing and maintenance of bonds.

24(j) This section does not apply to employees of nonprofit,
25tax-exempt corporations who help clients complete application
26forms in an immigration matter free of charge or for abegin insert nominalend insert
27 fee, including reasonable costs, consistent with that authorized by
28 the Board of Immigration Appeals under Section 292.2 of Title 8
29of the Code of Federal Regulations.

begin insert

30(k) This section shall become inoperative 180 days following
31the effective date of the act adding this subdivision and as of
32January 1 next following that date is repealed.

end insert
33begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 22443.1 is added to the end insertbegin insertBusiness and
34Professions Code
end insert
begin insert, to read:end insert

begin insert
35

begin insert22443.1.end insert  

(a) (1) Prior to engaging in the business, or acting
36in the capacity, of an immigration consultant, each person shall
37file with the Secretary of State a bond of one hundred thousand
38dollars ($100,000) executed by a corporate surety admitted to do
39business in this state and conditioned upon compliance with this
P18   1chapter. The total aggregate liability on the bond shall be limited
2to one hundred thousand dollars ($100,000).

3(2) The bond may be terminated pursuant to Section 995.440
4of, and Article 13 (commencing with Section 996.310) of Chapter
52 of Title 14 of Part 2 of, the Code of Civil Procedure.

6(b) The bond required by this section shall be in favor of, and
7payable to, the people of the State of California and shall be for
8the benefit of any person damaged by any fraud, misstatement,
9misrepresentation, unlawful act or omission, or failure to provide
10the services of the immigration consultant or the agents,
11representatives, or employees of the immigration consultant, while
12acting within the scope of that employment or agency.

13(c) An immigration consultant who is required to file a surety
14bond with the Secretary of State shall also file a disclosure form
15with the Secretary of State that contains all of the following
16information:

17(1) The immigration consultant’s name, date of birth, residence
18address, business address, residence telephone number, and
19business telephone number.

20(2) The name and address of the immigration consultant’s agent
21for service of process if one is required to be or has been
22appointed.

23(3) Whether the immigration consultant has ever been convicted
24of a violation of this chapter or of Section 6126.

25(4) Whether the immigration consultant has ever been arrested
26or convicted of a crime.

27(5) If applicable, the name, business address, business telephone
28number, and agent for service of process of the corporation or
29partnership employing the immigration consultant.

30(d) An immigration consultant shall notify the Secretary of
31State’s office in writing within 30 days when the surety bond
32required by this section is renewed, and of any change of name,
33address, telephone number, or agent for service of process.

34(e) The Secretary of State shall post information on its Internet
35Web site demonstrating that an immigration consultant is in
36compliance with the bond required by this section and has
37satisfactorily passed the background check required under Section
3822441.1, and shall also post a copy of the immigration consultant’s
39photograph. The Secretary of State shall ensure that the
40information is current and shall update the information at least
P19   1every 30 days. The Secretary of State shall only post this
2information and photograph on its Internet Web site if the person
3has filed and maintained the bond, filed the disclosure form and
4photograph required to be filed with the Secretary of State, and
5passed the background check required by Section 22441.1.

6(f) The Secretary of State shall develop the disclosure form
7required to file a bond under this section and make it available to
8any immigration consultant filing a bond pursuant to this section.

9(g) An immigration consultant shall submit all of the following
10with the disclosure form:

11(1) A copy of valid and current photo identification to determine
12the immigration consultant’s identity, such as a California driver’s
13license or identification card, passport, or other identification
14acceptable to the Secretary of State.

15(2) A photograph of himself or herself with the dimensions and
16in the style that would be acceptable to the United States
17Department of State for obtaining a United States passport, as
18instructed by the Secretary of State.

19(h) The Secretary of State shall charge and collect a filing fee
20to cover the cost of filing the bond.

21(i) The Secretary of State shall enforce the provisions of this
22chapter that govern the filing and maintenance of bonds.

23(j) This section does not apply to employees of nonprofit,
24tax-exempt corporations who help clients complete application
25forms in an immigration matter free of charge or for a nominal
26fee, including reasonable costs, consistent with that authorized by
27the Board of Immigration Appeals under Section 292.2 of Title 8
28of the Code of Federal Regulations.

29(k) This section shall become operative 180 days following the
30effective date of the act adding this section.

end insert
31

begin deleteSEC. 6.end delete
32begin insertSEC. 9.end insert  

No reimbursement is required by this act pursuant to
33Section 6 of Article XIII B of the California Constitution because
34the only costs that may be incurred by a local agency or school
35district will be incurred because this act creates a new crime or
36infraction, eliminates a crime or infraction, or changes the penalty
37for a crime or infraction, within the meaning of Section 17556 of
38the Government Code, or changes the definition of a crime within
39the meaning of Section 6 of Article XIII B of the California
40Constitution.

P20   1

begin deleteSEC. 7.end delete
2begin insertSEC. 10.end insert  

This act is an urgency statute necessary for the
3immediate preservation of the public peace, health, or safety within
4the meaning of Article IV of the Constitution and shall go into
5immediate effect. The facts constituting the necessity are:

6In order to implement measures as quickly as possible and as
7necessary to prevent fraud on immigrants by attorneys and other
8persons by making promises of benefits and relief under pending
9and proposed federal immigration reform acts before their
10enactment, it is necessary that this act take effect immediately.



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