Amended in Senate September 3, 2013

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)

(Coauthors: Assembly Members Alejo and Wagner)

(Coauthors: Senators Anderson, Block, and Hueso)

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.

begin delete

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. The bill would provide certain exceptions to these requirements.

end delete
begin insert

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

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, commencing July 1, 2014, 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.begin delete 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. The bill would prescribe penalties, not to exceed $1,000 per day for each violation, for a person who violates these provisions.end delete

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

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

This bill would 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,”begin insert thatend insert imply that the person is an attorney. As provided
10in this subdivision, the literal translation of the phrase “notary
P4    1public” into Spanish as “notario publico” or “notario,” is expressly
2prohibited.

3(b) For purposes of this section, “literal translation” of a word
4or phrase from one language means the translation of a word or
5phrase without regard to the true meaning of the word or phrase
6in the language that is being translated.

7(c) (1) In addition to any other remedies and penalties
8prescribed in this article, a person who violates this section shall
9be subject to a civil penalty not to exceed one thousand dollars
10($1,000) per day for each violation, to be assessed and collected
11in a civil action brought by the State Bar.

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:

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

16(B) The number of violations.

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

19(D) The wilfulness of the misconduct.

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

21(3) The court shall grant a prevailing plaintiff reasonable
22attorneys’ fees and costs.

23(4) A civil action brought under this section shall be commenced
24within four years after the cause of action accrues.

25

SEC. 2.  

Article 16 (commencing with Section 6240) is added
26to Chapter 4 of Division 3 of the Business and Professions Code,
27to read:

28 

29Article 16.  Attorneys Providing Immigration Reform Act
30Services
31

 

32

6240.  

For purposes of this article, the following definitions
33apply:

34(a) “Immigration reform act” means any pending or future act
35of Congress that is enacted after the effective date of this section
36but before January 1, 2017, including, but not limited to, the federal
37act known as the “Border Security, Economic Opportunity, and
38Immigration Modernization Act” (S. 744, 2013), that authorizes
39an undocumented immigrant who either entered the United States
P5    1without inspection or who did not depart after the expiration of a
2nonimmigrant visa, to attain a lawful status under federal law.

3(b) “Immigration reform act services” means servicesbegin insert offered
4in connection with an immigration reform act that are end insert
necessary
5in the preparation of an application and other related initial
6processes in order for an undocumented immigrantbegin insert,end insert who either
7entered the United States without inspection or who did not depart
8after the expiration of a nonimmigrant visa, to attain a lawful status
9under an immigration reform act.

10

6241.  

This article shall apply to the following:

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

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

15(1) The attorney is authorized by federal law to practice law
16 and to represent persons before the Board of Immigration Appeals
17or the United States Citizenship and Immigration Services.

18(2) The attorney is providing immigration reform act services
19in an office or business in California.

20

6242.  

(a) It is unlawful for an attorney to demand or accept
21the advance payment of any funds from a person for immigration
22reform act services before the enactment of an immigration reform
23act.

24(b) Any funds received after the effective date of this section,
25but before the enactment of an immigration reform act, shall be
26refunded to the client.

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

32(2) (A) Any funds received before the effective date of this
33section and before the enactment of an immigration reform act,
34for which immigration reform act services have not yet been
35rendered, shall either be refunded to the client or shall be deposited
36in a client trust account.

37(B) If an attorney deposits funds in a client trust account
38pursuant to this paragraph, he or she shallbegin delete comply with Section
396243 and shallend delete
provide to the client a written notice, in both English
40and the client’s native language, that there are no benefits or relief
P6    1that are available, and that no application for such benefits or relief
2may be processed until enactment of an immigration reform act
3and the related necessary federal regulations and forms.

begin delete
4

6243.  

(a) An attorney providing immigration reform act
5services shall, prior to providing those services, provide the client
6with a written contract. The written contract shall include, but need
7not be limited to, all of the following:

8(1) A description explaining the services that the attorney
9anticipates will be performed.

10(2) The basis of compensation for the services, including, but
11not limited to, hourly rates, statutory fees, flat fees, and other
12standard rates, fees, and charges applicable to the services.

13(3) A statement informing the client that he or she may report
14complaints to the Office of Immigrant Assistance of the
15Department of Justice, to the State Bar of California, or to the bar
16of the court of any state, possession, territory, or commonwealth
17of the United States or of the District of Columbia where the
18attorney is admitted to practice law. This statement shall include
19the toll-free telephone numbers and Internet Web sites of those
20entities.

21(b) (1) Except as specified in paragraphs (2) and (3), the
22provisions of the written contract shall be stated in both English
23and the client’s native language.

24(2) Upon the consent of the client, the contract need not be
25written in English, and may instead be written in the client’s native
26language or another language that the client understands.

27(3) For unwritten languages and languages that, in a reasonable
28person’s estimation, are extremely rare or uncommon, the
29provisions of the contract shall be written in English and shall be
30orally translated to the client in a language the client can
31understand. If a contract is orally translated pursuant to this
32paragraph, the written contract shall include a verification that the
33provisions of the contract have been orally translated, that the
34translator is competent to make the translation, and that the
35translation is true and accurate to the best of the translator’s
36abilities.

37(4) A written contract is void if it does not comply with this
38subdivision.

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.

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:

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

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.

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

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 delete
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)  Except if required pursuant to subparagraph (B) of paragraph
39(2) of subdivision (c) of Section 22442.6, this section does not
40apply to employees of nonprofit, tax-exempt corporations who
P9    1help clients complete application forms in an immigration matter
2free of charge or for a nominal fee, including reasonable costs,
3consistent 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
31 brought 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.

4

SEC. 6.  

Section 22442.6 is added to the Business and
5Professions Code
, to read:

6

22442.6.  

(a) It is unlawful for an immigration consultant to
7demand or accept the advance payment of any funds from a person
8for immigration reform act services before the enactment of an
9immigration reform act, as defined in subdivision (b) of Section
1022442.5.

11(b) Any funds received after the effective date of this section,
12but before the enactment of an immigration reform act, as defined
13in subdivision (b) of Section 22442.5, shall be refunded to the
14client.

15(c) (1) If an immigration consultant providing immigration
16reform act services accepted funds prior to the effective date of
17this section, and the services provided in connection with payment
18of those funds were rendered, the consultant shall provide the client
19with a statement of accounting describing the services rendered.

20(2) (A) Any funds received before the effective date of this
21section and before the enactment of an immigration reform act,
22for which immigration reform act services have not yet been
23rendered, shall either be refunded to the client or shall be deposited
24in a client trust account pursuant to Section 22442.5.

25(B) If an immigration consultant deposits funds in a client trust
26account pursuant to this paragraph, he or she shall comply with
27all applicable provisions of this chapter, including Section 22442,
28and shall provide to the client a written notice, in both English and
29 in the client’s native language, that there are no benefits or relief
30that are available and that no application for such benefits or relief
31may be processed until enactment of an immigration reform act
32and the related necessary federal regulations and forms.

33(d) (1) In addition to the remedies and penalties prescribed in
34this chapter, a person who violates this section shall be subject to
35a civil penalty not to exceed one thousand dollars ($1,000) per day
36for each violation, to be assessed and collected in a civil action
37brought by any person injured by the violation or in a civil action
38brought in the name of the people of the State of California by the
39Attorney General, a district attorney, or a city attorney.

P12   1(2) In assessing the amount of the civil penalty, the court may
2consider relevant circumstances presented by the parties to the
3case, including, but not limited to, the following:

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

5(B) The number of violations.

6(C) The length of time over which the misconduct occurred,
7and the persistence of the misconduct.

8(D) The willfulness of the misconduct.

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

10(3) If the Attorney General brings the action, one-half of the
11civil penalty collected shall be paid to the treasurer of the county
12in which the judgment was entered, and one-half to the General
13Fund. If a district attorney brings the action, the civil penalty
14collected shall be paid to the treasurer of the county in which the
15judgment was entered. If a city attorney brings the action, one-half
16of the civil penalty collected shall be paid to the treasurer of the
17city in which the judgment was entered, and one-half to the
18treasurer of the county in which the judgment was entered.

19(4) The court shall grant a prevailing plaintiff reasonable
20attorneys’ fees and costs.

21

SEC. 7.  

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

23

22443.1.  

(a) (1) Prior to engaging in the business, or acting
24in the capacity, of an immigration consultant, each person shall
25file with the Secretary of State a bond of fifty thousand dollars
26($50,000) executed by a corporate surety admitted to do business
27in this state and conditioned upon compliance with this chapter.
28The total aggregate liability on the bond shall be limited to fifty
29thousand dollars ($50,000).

30(2) The bond may be terminated pursuant to Section 995.440
31of, and Article 13 (commencing with Section 996.310) of Chapter
322 of Title 14 of Part 2 of, the Code of Civil Procedure.

33(b) The bond required by this section shall be in favor of, and
34payable to, the people of the State of California and shall be for
35the benefit of any person damaged by any fraud, misstatement,
36misrepresentation, unlawful act or omission, or failure to provide
37the services of the immigration consultant or the agents,
38representatives, or employees of the immigration consultant, while
39acting within the scope of that employment or agency.

P13   1(c) An immigration consultant who is required to file a surety
2bond with the Secretary of State shall also file a disclosure form
3with the Secretary of State that contains all of the following
4information:

5(1) The immigration consultant’s name, date of birth, residence
6address, business address, residence telephone number, and
7business telephone number.

8(2) The name and address of the immigration consultant’s agent
9for service of process if one is required to be or has been appointed.

10(3) Whether the immigration consultant has ever been convicted
11of a violation of this chapter or of Section 6126.

12(4) Whether the immigration consultant has ever been arrested
13or convicted of a crime.

14(5) If applicable, the name, business address, business telephone
15number, and agent for service of process of the corporation or
16partnership employing the immigration consultant.

17(d) An immigration consultant shall notify the Secretary of
18State’s office in writing within 30 days when the surety bond
19required by this section is renewed, and of any change of name,
20address, telephone number, or agent for service of process.

21(e) The Secretary of State shall post information on its Internet
22Web site demonstrating that an immigration consultant is in
23compliance with the bond required by this section and has
24satisfactorily passed the background check required under Section
2522441.1, and shall also post a copy of the immigration consultant’s
26photograph. The Secretary of State shall ensure that the information
27is current and shall update the information at least every 30 days.
28The Secretary of State shall only post this information and
29photograph on its Internet Web site if the person has filed and
30maintained the bond, filed the disclosure form and photograph
31required to be filed with the Secretary of State, and passed the
32background check required by Section 22441.1.

33(f) The Secretary of State shall develop the disclosure form
34required to file a bond under this section and make it available to
35any immigration consultant filing a bond pursuant to this section.

36(g) An immigration consultant shall submit all of the following
37with the disclosure form:

38(1) A copy of valid and current photo identification to determine
39the immigration consultant’s identity, such as a California driver’s
P14   1license or identification card, passport, or other identification
2acceptable to the Secretary of State.

3(2) A photograph of himself or herself with the dimensions and
4in the style that would be acceptable to the U.S. Department of
5State for obtaining a United States passport, as instructed by the
6Secretary of State. An immigration consultant bonded on or before
7December 31, 2006, shall submit the photograph on or before July
81, 2007.

9(h) The Secretary of State shall charge and collect a filing fee
10to cover the cost of filing the bond.

11(i) The Secretary of State shall enforce the provisions of this
12chapter that govern the filing and maintenance of bonds.

13(j)  Except if required pursuant to subparagraph (B) of paragraph
14(2) of subdivision (c) of Section 22442.6, this section does not
15apply to employees of nonprofit, tax-exempt corporations who
16help clients complete application forms in an immigration matter
17free of charge or for a nominal fee, including reasonable costs,
18consistent with that authorized by the Board of Immigration
19Appeals under Section 292.2 of Title 8 of the Code of Federal
20Regulations.

21(k) This section shall become inoperative on July 1, 2014, and
22as of January 1, 2015, is repealed.

23

SEC. 8.  

Section 22443.1 is added to the Business and
24Professions Code
, 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 one hundred thousand
28dollars ($100,000) executed by a corporate surety admitted to do
29business in this state and conditioned upon compliance with this
30chapter. The total aggregate liability on the bond shall be limited
31to one hundred thousand dollars ($100,000).

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,
P15   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:

P16   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 United States
7Department of State for obtaining a United States passport, as
8instructed by the Secretary of State.

9(h) The Secretary of State shall charge and collect a filing fee
10to cover the cost of filing the bond.

11(i) The Secretary of State shall enforce the provisions of this
12chapter that govern the filing and maintenance of bonds.

13(j)  Except if required pursuant to subparagraph (B) of paragraph
14(2) of subdivision (c) of Section 22442.6, this section does not
15apply to employees of nonprofit, tax-exempt corporations who
16help clients complete application forms in an immigration matter
17free of charge or for a nominal fee, including reasonable costs,
18consistent with that authorized by the Board of Immigration
19Appeals under Section 292.2 of Title 8 of the Code of Federal
20Regulations.

21(k) This section shall become operative on July 1, 2014.

22

SEC. 9.  

No reimbursement is required by this act pursuant to
23Section 6 of Article XIII B of the California Constitution because
24the only costs that may be incurred by a local agency or school
25district will be incurred because this act creates a new crime or
26infraction, eliminates a crime or infraction, or changes the penalty
27for a crime or infraction, within the meaning of Section 17556 of
28the Government Code, or changes the definition of a crime within
29the meaning of Section 6 of Article XIII B of the California
30Constitution.

31

SEC. 10.  

This act is an urgency statute necessary for the
32immediate preservation of the public peace, health, or safety within
33the meaning of Article IV of the Constitution and shall go into
34immediate effect. The facts constituting the necessity are:

35In order to implement measures as quickly as possible and as
36necessary to prevent fraud on immigrants by attorneys and other
37persons 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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