Amended in Senate August 22, 2013

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 deleteCoauthor: Assembly Member Alejo end deletebegin insertCoauthors: Assembly Members Alejo and Wagnerend insert)

(begin deleteCoauthor: Senator Hueso end deletebegin insertCoauthors: Senators Anderson, Block, and Huesoend insert)

February 22, 2013


An act to amend Sections 22442 and 22442.3 of, to add Sections 6126.7, 22442.5, and 22442.6 to, to add Article 16 (commencing with Section 6240) to Chapter 4 of Division 3 of, and to amend, repeal, and add Section 22443.1 of, 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.

This bill would require attorneys providing immigration reform act services, as defined, to provide a client with a written contract containing specified information, including 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.begin insert The bill would provide certain exceptions to these requirements.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 would, commencingbegin delete 6 months following the effective date of this billend deletebegin insert July 1, 2014end 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 of an immigration reform act, as defined, and would require any funds received after the effective date of this bill, but before the enactment of an immigration reform act, to be refunded to the client. 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.

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

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.begin insert The bill would prescribe penalties, not to exceed $1,000 per day for each violation, for a person who violates these provisions.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.

begin delete

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.

end delete

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    1

SECTION 1.  

Section 6126.7 is added to the Business and
2Professions Code
, to read:

3

6126.7.  

(a) It is a violation of subdivision (a) of Section 6126
4for any person who is not an attorney to literally translate from
5English into another language, in any document, including an
6advertisement, stationery, letterhead, business card, or other
7comparable written material, any words or titles, including, but
8not limited to, “notary public,” “notary,” “licensed,” “attorney,”
9or “lawyer,” imply that the person is an attorney. As provided in
10this subdivision, the literal translation of the phrase “notary public”
11into Spanish as “notario publico” or “notario,” is expressly
12prohibited.

13(b) For purposes of this section, “literal translation” of a word
14or phrase from one language means the translation of a word or
P4    1phrase without regard to the true meaning of the word or phrase
2in the language that is being translated.

begin insert

3(c) (1) In addition to any other remedies and penalties
4prescribed in this article, a person who violates this section shall
5be subject to a civil penalty not to exceed one thousand dollars
6($1,000) per day for each violation, to be assessed and collected
7in a civil action brought by the State Bar.

end insert
begin insert

8(2) In assessing the amount of the civil penalty, the court may
9consider relevant circumstances presented by the parties to the
10case, including, but not limited to, the following:

end insert
begin insert

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

end insert
begin insert

12(B) The number of violations.

end insert
begin insert

13(C) The length of time over which the misconduct occurred, and
14the persistence of the misconduct.

end insert
begin insert

15(D) The wilfulness of the misconduct.

end insert
begin insert

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

end insert
begin insert

17(3) The court shall grant a prevailing plaintiff reasonable
18attorneys’ fees and costs.

end insert
begin insert

19(4) A civil action brought under this section shall be commenced
20within four years after the cause of action accrues.

end insert
21

SEC. 2.  

Article 16 (commencing with Section 6240) is added
22to Chapter 4 of Division 3 of the Business and Professions Code,
23to read:

24 

25Article 16.  Attorneys Providing Immigrationbegin insert Reform Actend insert
26 Services
27

 

28

6240.  

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

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

38(b) “Immigration reform act services” means begin deletethe end deleteservices
39 necessary in the preparation of an application and other related
40initial processes in order for an undocumented immigrant who
P5    1either entered the United States without inspection or who did not
2depart after the expiration of a nonimmigrant visa, to attain a lawful
3status under an immigration reform act.

4

6241.  

This article shall apply to the following:

5(a) An attorney who is an active member of the State Bar who
6provides immigration reform act services.

7(b) An attorney who is not an active member of the State Bar,
8but who meets both of the following:

9(1) The attorney is authorizedbegin insert by federal lawend insert to practice lawbegin delete or
10authorized by federal lawend delete
begin insert andend insert to represent persons before the Board
11of Immigration Appeals or the United States Citizenship and
12Immigration Services.

13(2) The attorney is providing immigration reform act services
14in an office or business in California.

15

6242.  

(a) It is unlawful for an attorney to demand or accept
16the advance payment of any funds from a person for immigration
17reform act services before the enactment of an immigration reform
18act.

19(b) Any funds received after the effective date of this section,
20but before the enactment of an immigration reform act, shall be
21refunded to the client.

22(c) (1) If an attorney providing immigration reform act services
23accepted funds prior to the effective date of this section, and the
24services provided in connection with payment of those funds were
25rendered, the attorney shall provide the client with a statement of
26accounting describing the services rendered.

27(2) (A) Any funds received before the effective date of this
28section and before the enactment of an immigration reform act,
29for which immigration reform act services have not yet been
30rendered, shall either be refunded to the client or shall be deposited
31in a client trust account.

32(B) If an attorney deposits funds in a client trust account
33pursuant to this paragraph, he or she shallbegin insert comply with Section
346243 and shallend insert
provide to the client a written notice, in both
35English and the client’s native language, that there are no benefits
36or relief that are available, and that no application for such benefits
37or relief may be processed until enactment of an immigration
38reform act and the related necessary federal regulations and forms.

39

6243.  

(a) An attorney providing immigration reform act
40services shall, prior to providing those services, provide the client
P6    1with a written contract. The written contract shall include, but need
2not be limited to, all of the following:

3(1) A description explaining the services that the attorney
4anticipates will be performed.

5(2) The basis of compensation for the services, including, but
6not limited to, hourly rates, statutory fees, flat fees, and other
7standard rates, fees, and charges applicable to the services.

8(3) A statement informing the client that he or she may report
9complaints to the Office of Immigrant Assistance of the
10Department of Justice, to the State Bar of California, or to the bar
11of the court of any state, possession, territory, or commonwealth
12of the United States or of the District of Columbia where the
13attorney is admitted to practice law. This statement shall include
14the toll-free telephone numbers and Internet Web sites of those
15entities.

16(b) (1) Except as specified in paragraphs (2) and (3), the
17provisions of the written contract shall be stated in both English
18and the client’s native language.

19(2) Upon the consent of the client, the contract need not be
20written in English, and may instead be written in the client’s native
21language or another language that the client understands.

22(3) For unwritten languages and languages that, in a reasonable
23person’s estimation, are extremely rare or uncommon, the
24provisions of the contract shall be written in English and shall be
25orally translated to the client in a language the client can
26understand. If a contract is orally translated pursuant to this
27paragraph, the written contract shall include a verification that the
28provisions of the contract have been orally translated, that the
29translator is competent to make the translation, and that the
30translation is true and accurate to the best of the translator’s
31abilities.

32(4) A written contract is void if it does not comply with this
33subdivision.

begin delete

34(c) The State Bar may provide forms for contracts for use under
35this section.

36(d) This section shall become operative only upon the enactment
37of an immigration reform act, as defined in paragraph (1) of
38subdivision (a) of Section 6240.

end delete
begin insert

39(c) The State Bar shall work with the necessary professional
40association for attorneys practicing immigration law to prepare
P7    1and provide forms for contracts, which the State Bar shall translate
2into the languages specified in Section 1632 of the Civil Code for
3use under this section.

end insert
begin insert

4(d) (1) Except if required pursuant to subparagraph (B) of
5paragraph (2) of subdivision (c) of Section 6242, this section shall
6not apply to an attorney providing immigration reform act services
7in accordance with any of the following:

end insert
begin insert

8(A) For a qualified legal services project or support center
9under subdivisions (a) and (b) of Section 6213.

end insert
begin insert

10(B) For a nonprofit, tax-exempt corporation that helps clients
11complete application forms in immigration matters free of charge,
12or for a nominal fee, including reasonable costs, consistent with
13that authorized by the Board of Immigration Appeals under Section
14292.2 of Title 8 of the Code of Federal Regulations.

end insert
begin insert

15(C) For free, at no cost to the client, as pro bono legal services.

end insert
begin insert

16(2) Notwithstanding the exemption described in paragraph (1),
17an attorney who is providing immigration reform act services, and
18who meets any of the criteria described in subparagraphs (A) to
19(C), inclusive, of paragraph (1), shall provide a written notice to
20the client containing the information specified in paragraphs (1)
21to (3), inclusive, of subdivision (a). This written notice need not
22be a contract.

end insert
23

SEC. 3.  

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

25

22442.  

(a) Every person engaged in the business, or acting in
26the capacity of, an immigration consultant who enters into a
27contract or agreement with a client to provide services shall, prior
28to providing any services, provide the client with a written contract,
29the contents of which shall be prescribed by the Department of
30Consumer Affairs in regulations.

31(b) The written contract shall include all provisions relating to
32the following:

33(1) The services to be performed. Each service to be performed
34shall be itemized with an explanation of the purpose and process
35of each service.

36(2) The cost of each itemized service to be performed.

37(3) There shall be printed on the face of the contract in 10-point
38boldface type a statement that the immigration consultant is not
39an attorney and may not perform the legal services that an attorney
40performs.

P8    1(4) The written contract shall list the documents to be prepared
2by the immigration consultant, shall explain the purpose and
3process of each document, and shall list the cost for preparing each
4document.

5(5) The written contract shall state the purpose for which the
6immigration consultant has been hired and the actions to be taken
7by the immigration consultant regarding each document, including
8the agency and office where each document will be filed and the
9approximate processing times according to current published
10agency guidelines.

11(6) The written contract shall include a provision that informs
12the client that he or she may report complaints relating to
13immigration consultants to the Office of Immigrant Assistance of
14the Department of Justice. The written contract shall also include
15a provision stating that complaints concerning the unauthorized
16practice of law may be reported to the State Bar of California.
17These required provisions shall include the toll-free telephone
18numbers and Internet Web sites of those entities.

19(c) An immigration consultant shall not include provisions in
20the written contract relating to either of the following:

21(1) Any guarantee or promise, unless the immigration consultant
22has some basis in fact for making the guarantee or promise.

23(2) Any statement that the immigration consultant can or will
24obtain special favors from or has special influence with the United
25States Citizenship and Immigration Services, or any other
26governmental agency, employee, or official, that may have a
27bearing on a client’s immigration matter.

28(d) The provisions of the written contract shall be stated both
29in English and in the client’s native language.

30(e) A written contract is void if it is not written pursuant to
31subdivision (d).

32(f) The client shall have the right to rescind the contract within
3372 hours of signing the contract. The contents of this subdivision
34shall be conspicuously set forth in the written contract in both
35English and the client’s native language.

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

38(h) begin deleteThisend deletebegin insert Except if required pursuant to subparagraph (B) of
39paragraph (2) of subdivision (c) of Section 22442.6, thisend insert
section
40does not apply to employees of nonprofit, tax-exempt corporations
P9    1who help clients complete application forms in an immigration
2matter free of charge or for abegin insert nominalend insert fee, including reasonable
3costs, consistent with that authorized by the Board of Immigration
4Appeals under Section 292.2 of Title 8 of the Code of Federal
5Regulations.

6

SEC. 4.  

Section 22442.3 of the Business and Professions Code
7 is amended to read:

8

22442.3.  

(a) An immigration consultant shall not, with the
9intent to mislead, literally translate, from English into another
10language, any words or titles, including, but not limited to, “notary
11public,” “notary,” “licensed,” “attorney,” or “lawyer,” that imply
12that the person is an attorney, in any document, including an
13advertisement, stationery, letterhead, business card, or other
14comparable written material describing the immigration consultant.

15(b) For purposes of this section, “literal translation” of a word
16or phrase from one language means the translation of a word or
17phrase without regard to the true meaning of the word or phrase
18in the language that is being translated.

19(c) An immigration consultant may not make or authorize the
20making of any verbal or written references to his or her compliance
21with the bonding requirements of Section 22443.1 except as
22provided in this chapter.

23(d) A violation of subdivision (a) or (c) by an immigration
24consultant shall constitute a violation of subdivision (a) of Section
256126.

26(e) (1) In addition to the remedies and penalties prescribed in
27this chapter, a person who violates this section shall be subject to
28a civil penalty not to exceed one thousand dollars ($1,000) per day
29for each violation, to be assessed and collected in a civil action
30brought by any person injured by the violation or in a civil action
31brought in the name of the people of the State of California by the
32Attorney General, a district attorney, or a city attorney.

33(2) In assessing the amount of the civil penalty, the court may
34consider relevant circumstances presented by the parties to the
35case, including, but not limited to, the following:

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

37(B) The number of violations.

38(C) The length of time over which the misconduct occurred,
39and the persistence of the misconduct.

40(D) The willfulness of the misconduct.

P10   1(E) The defendant’s assets, liabilities, and net worth.

2(3) If the Attorney General brings the action, one-half of the
3civil penalty collected shall be paid to the treasurer of the county
4in which the judgment was entered, and one-half to the General
5Fund. If a district attorney brings the action, the civil penalty
6collected shall be paid to the treasurer of the county in which the
7judgment was entered. If a city attorney brings the action, one-half
8of the civil penalty collected shall be paid to the treasurer of the
9city in which the judgment was entered, and one-half to the
10treasurer of the county in which the judgment was entered.

11(4) The court shall grant a prevailing plaintiff reasonable
12attorneys’ fees and costs.

13

SEC. 5.  

Section 22442.5 is added to the Business and
14Professions Code
, to read:

15

22442.5.  

(a) An immigration consultant who provides
16immigration reform act services shall establish and deposit into a
17client trust account any funds received from a client prior to
18performing those services for that client.

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

20(1) “Immigration reform act” means any pending or future act
21of Congress that is enacted after the effective date of this section
22but before January 1, 2017, including, but not limited to, the federal
23act known as the “Border Security, Economic Opportunity, and
24Immigration Modernization Act” (S. 744, 2013), that authorizes
25an undocumented immigrant who either entered the United States
26without inspection or who did not depart after expiration of a
27nonimmigrant visa, to attain a lawful status under federal law.

28(2) “Immigration reform act services” means services described
29in Section 22441 that are provided in connection with an
30immigration reform act.

31(c) The immigration consultant providing immigration reform
32act services for the client may withdraw funds received from that
33client only in compliance with either of the following:

34(1) After completing one or more of the itemized services
35described in paragraph (1) of subdivision (b) of Section 22442,
36and only in the amount identified as the cost of that service or
37those services pursuant to paragraph (2) of subdivision (b) of
38Section 22442.

P11   1(2) After completing one or more of the documents listed, and
2 only in the amounts listed, pursuant to paragraph (4) of subdivision
3(b) of Section 22442.

begin delete

4(d) This section shall become operative only upon the enactment
5of an immigration reform act.

end delete
6

SEC. 6.  

Section 22442.6 is added to the Business and
7Professions Code
, to read:

8

22442.6.  

(a) It is unlawful for an immigration consultant to
9demand or accept the advance payment of any funds from a person
10for immigration reform act services before the enactment of an
11immigration reform act, as defined in subdivision (b) of Section
1222442.5.

13(b) Any funds received after the effective date of this section,
14but before the enactment of an immigration reform act, as defined
15in subdivision (b) of Section 22442.5, shall be refunded to the
16client.

17(c) (1) If an immigration consultant providing immigration
18reform act services accepted funds prior to the effective date of
19this section, and the services provided in connection with payment
20of those funds were rendered, the consultant shall provide the client
21with a statement of accounting describing the services rendered.

22(2) (A) Any funds received before the effective date of this
23section and before the enactment of an immigration reform act,
24for which immigration reform act services have not yet been
25rendered, shall either be refunded to the client or shall be deposited
26in a client trust account pursuant to Section 22442.5.

27(B) If an immigration consultant deposits funds in a client trust
28account pursuant to this paragraph, he or she shallbegin insert comply with all
29applicable provisions of this chapter, including Section 22442,
30and shallend insert
provide to the client a written notice, in both English
31and in the client’s native language, that there are no benefits or
32relief that are available and that no application for such benefits
33or relief may be processed until enactment of an immigration
34reform act and the related necessary federal regulations and forms.

35(d) (1) In addition to the remedies and penalties prescribed in
36this chapter, a person who violates this section shall be subject to
37a civil penalty not to exceed one thousand dollars ($1,000) per day
38for each violation, to be assessed and collected in a civil action
39brought by any person injured by the violation or in a civil action
P12   1brought in the name of the people of the State of California by the
2Attorney General, a district attorney, or a city attorney.

3(2) In assessing the amount of the civil penalty, the court may
4consider relevant circumstances presented by the parties to the
5case, including, but not limited to, the following:

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

7(B) The number of violations.

8(C) The length of time over which the misconduct occurred,
9and the persistence of the misconduct.

10(D) The willfulness of the misconduct.

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

12(3) If the Attorney General brings the action, one-half of the
13civil penalty collected shall be paid to the treasurer of the county
14in which the judgment was entered, and one-half to the General
15Fund. If a district attorney brings the action, the civil penalty
16collected shall be paid to the treasurer of the county in which the
17judgment was entered. If a city attorney brings the action, one-half
18of the civil penalty collected shall be paid to the treasurer of the
19city in which the judgment was entered, and one-half to the
20treasurer of the county in which the judgment was entered.

21(4) The court shall grant a prevailing plaintiff reasonable
22attorneys’ fees and costs.

23

SEC. 7.  

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

25

22443.1.  

(a) (1) Prior to engaging in the business, or acting
26in the capacity, of an immigration consultant, each person shall
27file with the Secretary of State a bond of fifty thousand dollars
28($50,000) executed by a corporate surety admitted to do business
29in this state and conditioned upon compliance with this chapter.
30The total aggregate liability on the bond shall be limited to fifty
31thousand dollars ($50,000).

32(2) The bond may be terminated pursuant to Section 995.440
33of, and Article 13 (commencing with Section 996.310) of Chapter
342 of Title 14 of Part 2 of, the Code of Civil Procedure.

35(b) The bond required by this section shall be in favor of, and
36payable to, the people of the State of California and shall be for
37the benefit of any person damaged by any fraud, misstatement,
38misrepresentation, unlawful act or omission, or failure to provide
39the services of the immigration consultant or the agents,
P13   1representatives, or employees of the immigration consultant, while
2acting within the scope of that employment or agency.

3(c) An immigration consultant who is required to file a surety
4bond with the Secretary of State shall also file a disclosure form
5with the Secretary of State that contains all of the following
6information:

7(1) The immigration consultant’s name, date of birth, residence
8address, business address, residence telephone number, and
9business telephone number.

10(2) The name and address of the immigration consultant’s agent
11for service of process if one is required to be or has been appointed.

12(3) Whether the immigration consultant has ever been convicted
13of a violation of this chapter or of Section 6126.

14(4) Whether the immigration consultant has ever been arrested
15or convicted of a crime.

16(5) If applicable, the name, business address, business telephone
17number, and agent for service of process of the corporation or
18partnership employing the immigration consultant.

19(d) An immigration consultant shall notify the Secretary of
20State’s office in writing within 30 days when the surety bond
21required by this section is renewed, and of any change of name,
22address, telephone number, or agent for service of process.

23(e) The Secretary of State shall post information on its Internet
24Web site demonstrating that an immigration consultant is in
25compliance with the bond required by this section and has
26satisfactorily passed the background check required under Section
2722441.1, and shall also post a copy of the immigration consultant’s
28photograph. The Secretary of State shall ensure that the information
29is current and shall update the information at least every 30 days.
30The Secretary of State shall only post this information and
31photograph on its Internet Web site if the person has filed and
32maintained the bond, filed the disclosure form and photograph
33required to be filed with the Secretary of State, and passed the
34background check required by Section 22441.1.

35(f) The Secretary of State shall develop the disclosure form
36required to file a bond under this section and make it available to
37any immigration consultant filing a bond pursuant to this section.

38(g) An immigration consultant shall submit all of the following
39with the disclosure form:

P14   1(1) A copy of valid and current photo identification to determine
2the immigration consultant’s identity, such as a California driver’s
3license or identification card, passport, or other identification
4acceptable to the Secretary of State.

5(2) A photograph of himself or herself with the dimensions and
6in the style that would be acceptable to the U.S. Department of
7State for obtaining a United States passport, as instructed by the
8Secretary of State. An immigration consultant bonded on or before
9December 31, 2006, shall submit the photograph on or before July
101, 2007.

11(h) The Secretary of State shall charge and collect a filing fee
12to cover the cost of filing the bond.

13(i) The Secretary of State shall enforce the provisions of this
14chapter that govern the filing and maintenance of bonds.

15(j) begin deleteThisend deletebegin insert Except if required pursuant to subparagraph (B) of
16paragraph (2) of subdivision (c) of Section 22442.6, thisend insert
section
17does not apply to employees of nonprofit, tax-exempt corporations
18who help clients complete application forms in an immigration
19matter free of charge or for a nominal fee, including reasonable
20costs, consistent with that authorized by the Board of Immigration
21Appeals under Section 292.2 of Title 8 of the Code of Federal
22Regulations.

23(k) This section shall become inoperativebegin delete 180 days following
24the effective date of the act adding this subdivision and as of
25January 1 next following that dateend delete
begin insert on July 1, 2014, and as of
26January 1, 2015,end insert
is repealed.

27

SEC. 8.  

Section 22443.1 is added to the Business and
28Professions Code
, to read:

29

22443.1.  

(a) (1) Prior to engaging in the business, or acting
30in the capacity, of an immigration consultant, each person shall
31file with the Secretary of State a bond of one hundred thousand
32dollars ($100,000) executed by a corporate surety admitted to do
33business in this state and conditioned upon compliance with this
34chapter. The total aggregate liability on the bond shall be limited
35to one hundred thousand dollars ($100,000).

36(2) The bond may be terminated pursuant to Section 995.440
37of, and Article 13 (commencing with Section 996.310) of Chapter
382 of Title 14 of Part 2 of, the Code of Civil Procedure.

39(b) The bond required by this section shall be in favor of, and
40payable to, the people of the State of California and shall be for
P15   1the benefit of any person damaged by any fraud, misstatement,
2misrepresentation, unlawful act or omission, or failure to provide
3the services of the immigration consultant or the agents,
4representatives, or employees of the immigration consultant, while
5acting within the scope of that employment or agency.

6(c) An immigration consultant who is required to file a surety
7bond with the Secretary of State shall also file a disclosure form
8with the Secretary of State that contains all of the following
9information:

10(1) The immigration consultant’s name, date of birth, residence
11address, business address, residence telephone number, and
12business telephone number.

13(2) The name and address of the immigration consultant’s agent
14for service of process if one is required to be or has been appointed.

15(3) Whether the immigration consultant has ever been convicted
16of a violation of this chapter or of Section 6126.

17(4) Whether the immigration consultant has ever been arrested
18or convicted of a crime.

19(5) If applicable, the name, business address, business telephone
20number, and agent for service of process of the corporation or
21partnership employing the immigration consultant.

22(d) An immigration consultant shall notify the Secretary of
23State’s office in writing within 30 days when the surety bond
24required by this section is renewed, and of any change of name,
25address, telephone number, or agent for service of process.

26(e) The Secretary of State shall post information on its Internet
27Web site demonstrating that an immigration consultant is in
28compliance with the bond required by this section and has
29satisfactorily passed the background check required under Section
3022441.1, and shall also post a copy of the immigration consultant’s
31photograph. The Secretary of State shall ensure that the information
32is current and shall update the information at least every 30 days.
33The Secretary of State shall only post this information and
34photograph on its Internet Web site if the person has filed and
35maintained the bond, filed the disclosure form and photograph
36required to be filed with the Secretary of State, and passed the
37background check required by Section 22441.1.

38(f) The Secretary of State shall develop the disclosure form
39required to file a bond under this section and make it available to
40any immigration consultant filing a bond pursuant to this section.

P16   1(g) An immigration consultant shall submit all of the following
2with the disclosure form:

3(1) A copy of valid and current photo identification to determine
4the immigration consultant’s identity, such as a California driver’s
5license or identification card, passport, or other identification
6acceptable to the Secretary of State.

7(2) A photograph of himself or herself with the dimensions and
8in the style that would be acceptable to the United States
9Department of State for obtaining a United States passport, as
10instructed by the Secretary of State.

11(h) The Secretary of State shall charge and collect a filing fee
12to cover the cost of filing the bond.

13(i) The Secretary of State shall enforce the provisions of this
14chapter that govern the filing and maintenance of bonds.

15(j) begin deleteThisend deletebegin insert Except if required pursuant to subparagraph (B) of
16paragraph (2) of subdivision (c) of Section 22442.6, thisend insert
section
17does not apply to employees of nonprofit, tax-exempt corporations
18who help clients complete application forms in an immigration
19matter free of charge or for a nominal fee, including reasonable
20costs, consistent with that authorized by the Board of Immigration
21Appeals under Section 292.2 of Title 8 of the Code of Federal
22Regulations.

23(k) This section shall become operativebegin delete 180 days following the
24effective date of the act adding this sectionend delete
begin insert on July 1, 2014end insert.

25

SEC. 9.  

No reimbursement is required by this act pursuant to
26Section 6 of Article XIII B of the California Constitution because
27the only costs that may be incurred by a local agency or school
28district will be incurred because this act creates a new crime or
29infraction, eliminates a crime or infraction, or changes the penalty
30for a crime or infraction, within the meaning of Section 17556 of
31the Government Code, or changes the definition of a crime within
32the meaning of Section 6 of Article XIII B of the California
33Constitution.

34

SEC. 10.  

This act is an urgency statute necessary for the
35immediate preservation of the public peace, health, or safety within
36the meaning of Article IV of the Constitution and shall go into
37immediate effect. The facts constituting the necessity are:

38In order to implement measures as quickly as possible and as
39necessary to prevent fraud on immigrants by attorneys and other
40persons by making promises of benefits and relief under pending
P17   1and proposed federal immigration reform acts before their
2enactment, it is necessary that this act take effect immediately.



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