Amended in Senate September 6, 2013

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 Alejobegin delete and Wagnerend deletebegin insert, Ian Calderon, Campos, Chavez, Cooley, Gorell, Hernandez, Linder, Levine, Maienschein, Nestande, Perea, Quirk-Silva, Wagner, and Weberend insert)

(Coauthors: Senators Anderson, Block, and Hueso)

February 22, 2013


An act to amend Sections 22442 and 22442.3 of,begin insert to amend, repeal, and add Section 22443.1 of,end insert to add Sections 6126.7, 22442.5, and 22442.6 to,begin insert andend insert to add Article 16 (commencing with Section 6240) to Chapter 4 of Division 3 of,begin delete and to amend, repeal, and add Section 22443.1 of,end delete 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 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.begin insert The bill would authorize these penalties to be allocated to a specified fund for purposes of providing free legal services related to immigration reform act services to clients of limited means, or to a fund for the purposes of mitigating unpaid claims of injured immigrant clients, as specified, as directed by the Board of Trustees of the State Bar. The bill would require the Board of Trustees of the State Bar to annually report any collection and expenditure of these moneys to the Assembly and Senate Committees on Judiciary.end insert

begin insert

This bill would require, when a contract for legal services is required in writing pursuant to specified provisions of law, that an attorney providing immigration reform act services, as defined, provide a written notice informing the client that he or she may report complaints to specified entities. The bill would make these provisions operative when the State Bar posts the form and specified translations of the form on its Internet Web site, but no later than 45 days after the effective date of the bill.

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 clientbegin insert promptly, but no later than 30 days after the receipt of any fundsend insert. The bill would require any funds that were received before the effective date of the bill for services notbegin delete yetend delete renderedbegin insert before the effective date of the billend insert 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.

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
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,” that imply that the person is an attorney. As provided
6in this subdivision, the literal translation of the phrase “notary
7public” into Spanish as “notario publico” or “notario,” is expressly
8prohibited.

9(b) For purposes of this section, “literalbegin delete translation” of a wordend delete
10begin insert translation of” or “to literally translate” a word, title,end insert or phrase
11from one language means the translation of abegin delete word orend deletebegin insert word, title,
12orend insert
phrase without regard to the true meaning of the word or phrase
13in the language that is being translated.

14(c) (1) In addition to any other remedies and penalties
15prescribed in this article, a person who violates this section shall
16be subject to a civil penalty not to exceed one thousand dollars
17($1,000) per day for each violation, to be assessed and collected
18in a civil action brought by the State Bar.

19(2) In assessing the amount of the civil penalty, the court may
20consider relevant circumstances presented by the parties to the
21case, including, but not limited to, the following:

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

23(B) The number of violations.

24(C) The length of time over which the misconduct occurred,
25and the persistence of the misconduct.

26(D) The wilfulness of the misconduct.

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

28(3) The court shall grant a prevailing plaintiff reasonable
29attorneys’ fees and costs.

30(4) A civil action brought under this section shall be commenced
31within four years after the cause of action accrues.

begin insert

32(5) In a civil action brought by the State Bar under this section,
33the civil penalty collected shall be paid to the State Bar and
34allocated to the fund established pursuant to Section 6033 to
35provide free legal services related to immigration reform act
36services to clients of limited means or to a fund for the purposes
37of mitigating unpaid claims of injured immigrant clients under
38Section 22447, as directed by the Board of Trustees of the State
39Bar. The board shall annually report any collection and
40expenditure of funds for the preceding calendar year, as authorized
P5    1by this section, to the Assembly and Senate Committees on
2Judiciary. The report required by this section may be included in
3the report described in Section 6086.15.

end insert
4

SEC. 2.  

Article 16 (commencing with Section 6240) is added
5to Chapter 4 of Division 3 of the Business and Professions Code,
6to read:

7 

8Article 16.  Attorneys Providing Immigration Reform Act
9Services
10

 

11

6240.  

For purposes of this article, the following definitions
12apply:

13(a) “Immigration reform act” means any pending or future act
14of Congress that is enacted after the effective date of this section
15but before January 1, 2017, including, but not limited to, the federal
16act known as the “Border Security, Economic Opportunity, and
17Immigration Modernization Act” (S. 744, 2013), that authorizes
18an undocumented immigrant who either entered the United States
19without inspection or who did not depart after the expiration of a
20nonimmigrant visa, to attain a lawful status under federal law.begin insert The
21State Bar shall announce and post on its Internet Web site when
22an immigration reform act has been enacted.end insert

23(b) “Immigration reform act services” means services offered
24in connection with an immigration reform act that are necessary
25in the preparation of an application and other related initial
26processes in order for an undocumented immigrant, who either
27entered the United States without inspection or who did not depart
28after the expiration of a nonimmigrant visa, to attain a lawful status
29under an immigration reform act.

30

6241.  

This article shall apply to the following:

31(a) An attorney who is an active member of the State Bar who
32provides immigration reform act services.

33(b) An attorney who is not an active member of the State Bar,
34but who meets both of the following:

35(1) The attorney is authorized by federal law to practice law
36and to represent persons before the Board of Immigration Appeals
37or the United States Citizenship and Immigration Services.

38(2) The attorney is providing immigration reform act services
39in an office or business in California.

P6    1

6242.  

(a) It is unlawful for an attorney to demand or accept
2the advance payment of any funds from a person for immigration
3reform act services before the enactment of an immigration reform
4act.

5(b) Any funds received after the effective date of this section,
6but before the enactment of an immigration reform act, shall be
7refunded to the clientbegin insert promptly, but no later than 30 days after the
8receipt of the fundsend insert
.

9(c) (1) If an attorney providing immigration reform act services
10accepted fundsbegin insert for immigration reform act servicesend insert prior to the
11effective date of this section, and the servicesbegin delete providedend deletebegin insert to be
12performedend insert
in connection with payment of those funds were
13rendered, the attorney shallbegin insert promptly, but no later than 30 days
14after the effective date of this section,end insert
provide the client with a
15statement of accounting describing the services rendered.

16(2) (A) Any funds received before the effective date of this
17sectionbegin delete and before the enactment of an immigration reform act,end delete
18 for which immigration reform act servicesbegin delete have not yet beenend deletebegin insert were
19notend insert
renderedbegin insert prior to the effective date of this sectionend insert, shallbegin insert beend insert
20 eitherbegin delete beend delete refunded to the client orbegin delete shall beend delete deposited in a client
21trust account.

22(B) If an attorney deposits funds in a client trust account
23pursuant to this paragraph, he or she shall providebegin delete to the clientend delete a
24written notice, in both English and the client’s native language, begin delete25 that there are no benefits or relief that are available, and that no
26 application for such benefits or relief may be processed until
27enactment of an immigration reform act and the related necessary
28federal regulations and forms. end delete
begin insert informing the client of the following:end insert

begin insert

29(i) That there are no benefits or relief available, and that no
30application for such benefits or relief may be processed, until
31enactment of an immigration reform act and the related necessary
32federal regulations or forms, and that, commencing with the
33effective date of this section, it is unlawful for an attorney to
34demand or accept the advance payment of any funds from a person
35for immigration reform act services before the enactment of an
36immigration reform act.

end insert
begin insert

37(ii) That he or she may report complaints to the Executive Office
38for Immigration Review of the United States Department of Justice,
39to the State Bar of California, or to the bar of the court of any
40state, possession, territory, or commonwealth of the United States
P7    1or of the District of Columbia where the attorney is admitted to
2practice law. The notice shall include the toll-free telephone
3numbers and Internet Web sites of those entities.

end insert
begin insert
4

begin insert6243.end insert  

(a) (1) When a contract for legal services is required
5in writing pursuant to Section 6148, or is subject to Section 1632
6of the Civil Code, an attorney providing immigration reform act
7services shall provide a written notice informing the client that he
8or she may report complaints to the Executive Office for
9Immigration Review of the United States Department of Justice,
10to the State Bar of California, or to the bar of the court of any
11state, possession, territory, or commonwealth of the United States
12or of the District of Columbia where the attorney is admitted to
13practice law. The notice shall include the toll-free telephone
14numbers and Internet Web sites of those entities.

15(2) The notice shall be in English and in one of the languages
16of the forms translated by the State Bar pursuant to paragraph (1)
17of subdivision (b), if the contract for immigration reform act
18services was negotiated in one of those languages.

19(3) The notice shall be attached or incorporated into any written
20contract for immigration reform act services. If the notice is
21attached to a written contract, it shall be signed by both the
22attorney and the client.

23(b) (1) The State Bar shall provide the form of the notice
24required in subdivision (a) and shall post the form and translations
25on its Internet Web site. The State Bar shall translate the form into
26the following languages: Spanish, Chinese, Tagalog, Vietnamese,
27Korean, Armenian, Persian, Japanese, Russian, Hindi, Arabic,
28French, Punjabi, Portuguese, Mon-Khmer, Hmong, Thai, Gujarati.
29The State Bar, upon request, may translate the forms into other
30 languages.

31(2) Notwithstanding paragraph (1), an attorney providing
32immigration reform act services who meets the criteria of
33subdivision (b) of Section 6141 shall be responsible for adding
34and translating the name of, toll-free telephone number of, and
35information on the Internet Web site for, the bar of the court of
36any state, possession, territory, or commonwealth of the United
37States or the District of Columbia in which he or she is admitted
38to practice law.

39(c) Failure to comply with any provision of this section renders
40the contract voidable at the option of the client, and the attorney
P8    1shall, upon the contract being voided, be entitled to collect a
2reasonable fee.

3(d) This section shall become operative when the State Bar posts
4on its Internet Web site the form and translations required by
5paragraph (1) of subdivision (b). The State Bar shall post the form
6and translations as soon as practicable, but no later than 45 days
7after the effective date of this section.

end insert
8

SEC. 3.  

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

10

22442.  

(a) Every person engaged in the business, or acting in
11the capacity of, an immigration consultant who enters into a
12contract or agreement with a client to provide services shall, prior
13to providing any services, provide the client with a written contract,
14the contents of which shall be prescribed by the Department of
15Consumer Affairs in regulations.

16(b) The written contract shall include all provisions relating to
17the following:

18(1) The services to be performed. Each service to be performed
19shall be itemized with an explanation of the purpose and process
20of each service.

21(2) The cost of each itemized service to be performed.

22(3) There shall be printed on the face of the contract in 10-point
23boldface type a statement that the immigration consultant is not
24an attorney and may not perform the legal services that an attorney
25performs.

26(4) The written contract shall list the documents to be prepared
27by the immigration consultant, shall explain the purpose and
28process of each document, and shall list the cost for preparing each
29document.

30(5) The written contract shall state the purpose for which the
31immigration consultant has been hired and the actions to be taken
32by the immigration consultant regarding each document, including
33the agency and office where each document will be filed and the
34approximate processing times according to current published
35agency guidelines.

36(6) The written contract shall include a provision that informs
37the client that he or she may report complaints relating to
38immigration consultants to thebegin delete Office of Immigrant Assistance of
39the Department of Justiceend delete
begin insert end insertbegin insertExecutive Office for Immigration Review
40of the United States Department of Justiceend insert
. The written contract
P9    1shall also include a provision stating that complaints concerning
2the unauthorized practice of law may be reported to the State Bar
3of California. These required provisions shall include the toll-free
4telephone numbers and Internet Web sites of those entities.

5(c) An immigration consultant shall not include provisions in
6the written contract relating to either of the following:

7(1) Any guarantee or promise, unless the immigration consultant
8has some basis in fact for making the guarantee or promise.

9(2) Any statement that the immigration consultant can or will
10obtain special favors from or has special influence with the United
11States Citizenship and Immigration Services, or any other
12governmental agency, employee, or official, that may have a
13bearing on a client’s immigration matter.

14(d) The provisions of the written contract shall be stated both
15in English and in the client’s native language.

16(e) A written contract is void if it is not written pursuant to
17subdivision (d).

18(f) The client shall have the right to rescind the contract within
1972 hours of signing the contract. The contents of this subdivision
20shall be conspicuously set forth in the written contract in both
21English and the client’s native language.

22(g) An immigration consultant shall not make the statements
23described in subdivision (c) orally to a client.

24(h)  Except if required pursuant to subparagraph (B) of paragraph
25(2) of subdivision (c) of Section 22442.6, this section does not
26apply to employees of nonprofit, tax-exempt corporations who
27help clients complete application forms in an immigration matter
28free of charge or for a nominal fee, including reasonable costs,
29consistent with that authorized by the Board of Immigration
30Appeals under Section 292.2 of Title 8 of the Code of Federal
31Regulations.

32

SEC. 4.  

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

34

22442.3.  

(a) An immigration consultant shall not, with the
35intent to mislead, literally translate, from English into another
36language, any words or titles, including, but not limited to, “notary
37public,” “notary,” “licensed,” “attorney,” or “lawyer,” that imply
38that the person is an attorney, in any document, including an
39advertisement, stationery, letterhead, business card, or other
40comparable written material describing the immigration consultant.
P10   1begin insert As provided in this subdivision, the literal translation of the phrase
2“notary public” into Spanish as “notario publico” or “notario,”
3is expressly prohibited.end insert

4(b) For purposes of this section, “literalbegin delete translation” of a wordend delete
5begin insert translation of” or “to literally translate” a word, title,end insert or phrase
6from one language means the translation of abegin delete word orend deletebegin insert word, title,
7orend insert
phrase without regard to the true meaning of the word or phrase
8in the language that is being translated.

9(c) An immigration consultant may not make or authorize the
10making of any verbal or written references to his or her compliance
11with the bonding requirements of Section 22443.1 except as
12provided in this chapter.

13(d) A violation of subdivision (a) or (c) by an immigration
14consultant shall constitute a violation of subdivision (a) of Section
156126.

16(e) (1) In addition to the remedies and penalties prescribed in
17this chapter, a person who violates this section shall be subject to
18a civil penalty not to exceed one thousand dollars ($1,000) per day
19for each violation, to be assessed and collected in a civil action
20brought by any person injured by the violation or in a civil action
21brought in the name of the people of the State of California by the
22Attorney General, a district attorney, or a city attorney.

23(2) In assessing the amount of the civil penalty, the court may
24consider relevant circumstances presented by the parties to the
25case, including, but not limited to, the following:

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

27(B) The number of violations.

28(C) The length of time over which the misconduct occurred,
29and the persistence of the misconduct.

30(D) The willfulness of the misconduct.

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

32(3) If the Attorney General brings the action, one-half of the
33civil penalty collected shall be paid to the treasurer of the county
34in which the judgment was entered, and one-half to the General
35Fund. If a district attorney brings the action, the civil penalty
36collected shall be paid to the treasurer of the county in which the
37judgment was entered. If a city attorney brings the action, one-half
38of the civil penalty collected shall be paid to the treasurer of the
39city in which the judgment was entered, and one-half to the
40treasurer of the county in which the judgment was entered.

P11   1(4) The court shall grant a prevailing plaintiff reasonable
2attorneys’ fees and costs.

3

SEC. 5.  

Section 22442.5 is added to the Business and
4Professions Code
, to read:

5

22442.5.  

(a) An immigration consultant who provides
6immigration reform act services shall establish and deposit into a
7client trust account any funds received from a client prior to
8performing those services for that client.

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

10(1) “Immigration reform act” means any pending or future act
11of Congress that is enacted after the effective date of this section
12but before January 1, 2017, including, but not limited to, the federal
13act known as the “Border Security, Economic Opportunity, and
14Immigration Modernization Act” (S. 744, 2013), that authorizes
15an undocumented immigrant who either entered the United States
16without inspection or who did not depart after expiration of a
17nonimmigrant visa, to attain a lawful status under federal law.begin insert The
18State Bar shall announce and post on its Internet Web site when
19an immigration reform act has been enacted.end insert

20(2) “Immigration reform act services” means services described
21in Section 22441 that are provided in connection with an
22immigration reform act.

23(c) The immigration consultant providing immigration reform
24act services for the client may withdraw funds received from that
25client only in compliance with either of the following:

26(1) After completing one or more of the itemized services
27described in paragraph (1) of subdivision (b) of Section 22442,
28and only in the amount identified as the cost of that service or
29those services pursuant to paragraph (2) of subdivision (b) of
30Section 22442.

31(2) After completing one or more of the documents listed, and
32only in the amounts listed, pursuant to paragraph (4) of subdivision
33(b) of Section 22442.

34

SEC. 6.  

Section 22442.6 is added to the Business and
35Professions Code
, to read:

36

22442.6.  

(a) It is unlawful for an immigration consultant to
37demand or accept the advance payment of any funds from a person
38for immigration reform act services before the enactment of an
39immigration reform act, as defined in subdivision (b) of Section
4022442.5.

P12   1(b) Any funds received after the effective date of this section,
2but before the enactment of an immigration reform act, as defined
3in subdivision (b) of Section 22442.5, shall be refunded to the
4clientbegin insert promptly, but no later than 30 days after receipt of any fundsend insert.

5(c) (1) If an immigration consultant providing immigration
6reform act services accepted funds prior to the effective date of
7this section, and the services provided in connection with payment
8of those funds were rendered, the consultant shallbegin insert promptly, but
9no later than 30 days after the effective date of this section,end insert
provide
10the client with a statement of accounting describing the services
11rendered.

12(2) (A) Any funds received before the effective date of this
13sectionbegin delete and before the enactment of an immigration reform actend delete,
14for which immigration reform act servicesbegin delete have not yet beenend deletebegin insert were
15notend insert
renderedbegin insert prior to the effective date of this sectionend insert, shall either
16be refunded to the client or shall be deposited in a client trust
17account pursuant to Section 22442.5.

18(B) If an immigration consultant deposits funds in a client trust
19account pursuant to this paragraph, he or she shall comply with
20all applicable provisions of this chapter, including Section 22442,
21and shall provide to the client a written notice, in both English and
22in the client’s native language, that there are no benefits or relief
23begin delete that are available andend deletebegin insert available,end insert that no application for such
24benefits or relief may be processed until enactment of an
25immigration reform act and the related necessary federal
26regulations and formsbegin insert, and that commencing with the effective date
27of this section, it is unlawful for an immigration consultant to
28demand or accept the advance payment of any funds from a person
29for immigration reform act services before the enactment of an
30immigration reform actend insert
.

31(d) (1) In addition to the remedies and penalties prescribed in
32this chapter, a person who violates this section shall be subject to
33a civil penalty not to exceed one thousand dollars ($1,000) per day
34for each violation, to be assessed and collected in a civil action
35brought by any person injured by the violation or in a civil action
36brought in the name of the people of the State of California by the
37Attorney General, a district attorney, or a city attorney.

38(2) In assessing the amount of the civil penalty, the court may
39consider relevant circumstances presented by the parties to the
40case, including, but not limited to, the following:

P13   1(A) The nature and severity of the misconduct.

2(B) The number of violations.

3(C) The length of time over which the misconduct occurred,
4and the persistence of the misconduct.

5(D) The willfulness of the misconduct.

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

7(3) If the Attorney General brings the action, one-half of the
8civil penalty collected shall be paid to the treasurer of the county
9in which the judgment was entered, and one-half to the General
10Fund. If a district attorney brings the action, the civil penalty
11collected shall be paid to the treasurer of the county in which the
12judgment was entered. If a city attorney brings the action, one-half
13of the civil penalty collected shall be paid to the treasurer of the
14city in which the judgment was entered, and one-half to the
15treasurer of the county in which the judgment was entered.

16(4) The court shall grant a prevailing plaintiff reasonable
17attorneys’ fees and costs.

18

SEC. 7.  

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

20

22443.1.  

(a) (1) Prior to engaging in the business, or acting
21in the capacity, of an immigration consultant, each person shall
22file with the Secretary of State a bond of fifty thousand dollars
23($50,000) executed by a corporate surety admitted to do business
24in this state and conditioned upon compliance with this chapter.
25The total aggregate liability on the bond shall be limited to fifty
26thousand dollars ($50,000).

27(2) The bond may be terminated pursuant to Section 995.440
28of, and Article 13 (commencing with Section 996.310) of Chapter
292 of Title 14 of Part 2 of, the Code of Civil Procedure.

30(b) The bond required by this section shall be in favor of, and
31payable to, the people of the State of California and shall be for
32the benefit of any person damaged by any fraud, misstatement,
33misrepresentation, unlawful act or omission, or failure to provide
34the services of the immigration consultant or the agents,
35representatives, or employees of the immigration consultant, while
36acting within the scope of that employment or agency.

37(c) An immigration consultant who is required to file a surety
38bond with the Secretary of State shall also file a disclosure form
39with the Secretary of State that contains all of the following
40information:

P14   1(1) The immigration consultant’s name, date of birth, residence
2address, business address, residence telephone number, and
3business telephone number.

4(2) The name and address of the immigration consultant’s agent
5for service of process if one is required to be or has been appointed.

6(3) Whether the immigration consultant has ever been convicted
7of a violation of this chapter or of Section 6126.

8(4) Whether the immigration consultant has ever been arrested
9or convicted of a crime.

10(5) If applicable, the name, business address, business telephone
11number, and agent for service of process of the corporation or
12partnership employing the immigration consultant.

13(d) An immigration consultant shall notify the Secretary of
14State’s office in writing within 30 days when the surety bond
15required by this section is renewed, and of any change of name,
16address, telephone number, or agent for service of process.

17(e) The Secretary of State shall post information on its Internet
18Web site demonstrating that an immigration consultant is in
19compliance with the bond required by this section and has
20 satisfactorily passed the background check required under Section
2122441.1, and shall also post a copy of the immigration consultant’s
22photograph. The Secretary of State shall ensure that the information
23is current and shall update the information at least every 30 days.
24The Secretary of State shall only post this information and
25photograph on its Internet Web site if the person has filed and
26maintained the bond, filed the disclosure form and photograph
27required to be filed with the Secretary of State, and passed the
28background check required by Section 22441.1.

29(f) The Secretary of State shall develop the disclosure form
30required to file a bond under this section and make it available to
31any immigration consultant filing a bond pursuant to this section.

32(g) An immigration consultant shall submit all of the following
33with the disclosure form:

34(1) A copy of valid and current photo identification to determine
35the immigration consultant’s identity, such as a California driver’s
36license or identification card, passport, or other identification
37acceptable to the Secretary of State.

38(2) A photograph of himself or herself with the dimensions and
39in the style that would be acceptable to the U.S. Department of
40State for obtaining a United States passport, as instructed by the
P15   1Secretary of State. An immigration consultant bonded on or before
2December 31, 2006, shall submit the photograph on or before July
31, 2007.

4(h) The Secretary of State shall charge and collect a filing fee
5to cover the cost of filing the bond.

6(i) The Secretary of State shall enforce the provisions of this
7chapter that govern the filing and maintenance of bonds.

8(j) begin delete Except if required pursuant to subparagraph (B) of paragraph
9(2) of subdivision (c) of Section 22442.6, thisend delete
begin insert Thisend insert section does
10not apply to employees of nonprofit, tax-exempt corporations who
11help clients complete application forms in an immigration matter
12free of charge or for a nominal fee, including reasonable costs,
13consistent with that authorized by the Board of Immigration
14Appeals under Section 292.2 of Title 8 of the Code of Federal
15Regulations.

16(k) This section shall become inoperative on July 1, 2014, and
17as of January 1, 2015, is repealed.

18

SEC. 8.  

Section 22443.1 is added to the Business and
19Professions Code
, to read:

20

22443.1.  

(a) (1) Prior to engaging in the business, or acting
21in the capacity, of an immigration consultant, each person shall
22file with the Secretary of State a bond of one hundred thousand
23dollars ($100,000) executed by a corporate surety admitted to do
24business in this state and conditioned upon compliance with this
25chapter. The total aggregate liability on the bond shall be limited
26to one hundred thousand dollars ($100,000).

27(2) The bond may be terminated pursuant to Section 995.440
28of, and Article 13 (commencing with Section 996.310) of Chapter
292 of Title 14 of Part 2 of, the Code of Civil Procedure.

30(b) The bond required by this section shall be in favor of, and
31payable to, the people of the State of California and shall be for
32the benefit of any person damaged by any fraud, misstatement,
33misrepresentation, unlawful act or omission, or failure to provide
34the services of the immigration consultant or the agents,
35representatives, or employees of the immigration consultant, while
36acting within the scope of that employment or agency.

37(c) An immigration consultant who is required to file a surety
38bond with the Secretary of State shall also file a disclosure form
39with the Secretary of State that contains all of the following
40information:

P16   1(1) The immigration consultant’s name, date of birth, residence
2address, business address, residence telephone number, and
3business telephone number.

4(2) The name and address of the immigration consultant’s agent
5for service of process if one is required to be or has been appointed.

6(3) Whether the immigration consultant has ever been convicted
7of a violation of this chapter or of Section 6126.

8(4) Whether the immigration consultant has ever been arrested
9or convicted of a crime.

10(5) If applicable, the name, business address, business telephone
11number, and agent for service of process of the corporation or
12partnership employing the immigration consultant.

13(d) An immigration consultant shall notify the Secretary of
14State’s office in writing within 30 days when the surety bond
15required by this section is renewed, and of any change of name,
16address, telephone number, or agent for service of process.

17(e) The Secretary of State shall post information on its Internet
18Web site demonstrating that an immigration consultant is in
19compliance with the bond required by this section and has
20satisfactorily passed the background check required under Section
2122441.1, and shall also post a copy of the immigration consultant’s
22photograph. The Secretary of State shall ensure that the information
23is current and shall update the information at least every 30 days.
24The Secretary of State shall only post this information and
25photograph on its Internet Web site if the person has filed and
26maintained the bond, filed the disclosure form and photograph
27required to be filed with the Secretary of State, and passed the
28background check required by Section 22441.1.

29(f) The Secretary of State shall develop the disclosure form
30required to file a bond under this section and make it available to
31any immigration consultant filing a bond pursuant to this section.

32(g) An immigration consultant shall submit all of the following
33with the disclosure form:

34(1) A copy of valid and current photo identification to determine
35the immigration consultant’s identity, such as a California driver’s
36license or identification card, passport, or other identification
37acceptable to the Secretary of State.

38(2) A photograph of himself or herself with the dimensions and
39in the style that would be acceptable to the United States
P17   1Department of State for obtaining a United States passport, as
2instructed by the Secretary of State.

3(h) The Secretary of State shall charge and collect a filing fee
4to cover the cost of filing the bond.

5(i) The Secretary of State shall enforce the provisions of this
6chapter that govern the filing and maintenance of bonds.

7(j) begin deleteExcept if required pursuant to subparagraph (B) of paragraph
8(2) of subdivision (c) of Section 22442.6, thisend delete
begin insert Thisend insert section does
9not apply to employees of nonprofit, tax-exempt corporations who
10help clients complete application forms in an immigration matter
11free of charge or for a nominal fee, including reasonable costs,
12consistent with that authorized by the Board of Immigration
13Appeals under Section 292.2 of Title 8 of the Code of Federal
14Regulations.

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

16

SEC. 9.  

No reimbursement is required by this act pursuant to
17Section 6 of Article XIII B of the California Constitution because
18the only costs that may be incurred by a local agency or school
19district will be incurred because this act creates a new crime or
20infraction, eliminates a crime or infraction, or changes the penalty
21for a crime or infraction, within the meaning of Section 17556 of
22the Government Code, or changes the definition of a crime within
23the meaning of Section 6 of Article XIII B of the California
24Constitution.

25

SEC. 10.  

This act is an urgency statute necessary for the
26immediate preservation of the public peace, health, or safety within
27the meaning of Article IV of the Constitution and shall go into
28immediate effect. The facts constituting the necessity are:

29In order to implement measures as quickly as possible and as
30necessary to prevent fraud on immigrants by attorneys and other
31persons by making promises of benefits and relief under pending
32and proposed federal immigration reform acts before their
33enactment, it is necessary that this act take effect immediately.



O

Corrected 9-10-13—See last page.     93