Amended in Senate September 11, 2013

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 Alejo, Ian Calderon, Campos, Chavez, Cooley, Gorrell, Hernandez, Linder, Levine, Maienschein, Nestande, Perea, Quirk-Silva, Wagner, and Weber)

(Coauthors: Senators Anderson, Block, and Hueso)

February 22, 2013


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

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.

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 promptly, but no later than 30 days after the receipt of any funds. The bill would require any funds that were received before the effective date of the bill for services not rendered before the effective date of the bill 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, “literal translation of” or “to
10literally translate” a word, title, or phrase from one language means
11the translation of a word, title, or phrase without regard to the true
12meaning of the word or phrase in the language that is being
13translated.

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.

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 expenditure
40of funds for the preceding calendar year, as authorized by this
P5    1section, to the Assembly and Senate Committees on Judiciary. The
2report required by this section may be included in the report
3described in Section 6086.15.

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. The
21State Bar shall announce and post on its Internet Web site when
22an immigration reform act has been enacted.

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
36 and 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 client promptly, but no later than 30 days after the
8receipt of the funds.

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

16(2) (A) Any funds received before the effective date of this
17section for which immigration reform act services were not
18rendered prior to the effective date of this section, shall be either
19refunded to the client or deposited in a client trust account.

20(B) If an attorney deposits funds in a client trust account
21pursuant to this paragraph, he or she shall provide a written notice,
22in both English and the client’s native language, informing the
23client of the following:

24(i) That there are no benefits or relief available, and that no
25application for such benefits or relief may be processed, until
26enactment of an immigration reform act and the related necessary
27federal regulations or forms, and that, commencing with the
28effective date of this section, it is unlawful for an attorney to
29demand or accept the advance payment of any funds from a person
30for immigration reform act services before the enactment of an
31immigration reform act.

32(ii) That he or she may report complaints to the Executive Office
33for Immigration Review of the United States Department of Justice,
34to the State Bar of California, or to the bar of the court of any state,
35possession, territory, or commonwealth of the United States or of
36the District of Columbia where the attorney is admitted to practice
37law. The notice shall include the toll-free telephone numbers and
38Internet Web sites of those entities.

39

6243.  

(a) (1) When a contract for legal services is required in
40writing pursuant to Section 6148, or is subject to Section 1632 of
P7    1the Civil Code, an attorney providing immigration reform act
2services shall provide a written notice informing the client that he
3or she may report complaints to the Executive Office for
4Immigration Review of the United States Department of Justice,
5to the State Bar of California, or to the bar of the court of any state,
6possession, territory, or commonwealth of the United States or of
7the District of Columbia where the attorney is admitted to practice
8law. The notice shall include the toll-free telephone numbers and
9Internet Web sites of those entities.

10(2) The notice shall be in English and in one of the languages
11of the forms translated by the State Bar pursuant to paragraph (1)
12of subdivision (b), if the contract for immigration reform act
13services was negotiated in one of those languages.

14(3) The notice shall be attached or incorporated into any written
15contract for immigration reform act services. If the notice is
16attached to a written contract, it shall be signed by both the attorney
17and the client.

18(b) (1) The State Bar shall provide the form of the notice
19required in subdivision (a) and shall post the form and translations
20on its Internet Web site. The State Bar shall translate the form into
21the following languages: Spanish, Chinese, Tagalog, Vietnamese,
22Korean, Armenian, Persian, Japanese, Russian, Hindi, Arabic,
23French, Punjabi, Portuguese, Mon-Khmer, Hmong, Thai, Gujarati.
24The State Bar, upon request, may translate the forms into other
25 languages.

26(2) Notwithstanding paragraph (1), an attorney providing
27immigration reform act services who meets the criteria of
28subdivision (b) of Sectionbegin delete 6141end deletebegin insert 6241end insert shall be responsible for
29adding and translating the name of, toll-free telephone number of,
30and information on the Internet Web site for, the bar of the court
31of any state, possession, territory, or commonwealth of the United
32States or the District of Columbia in which he or she is admitted
33to practice law.

34(c) Failure to comply with any provision of this section renders
35the contract voidable at the option of the client, and the attorney
36shall, upon the contract being voided, be entitled to collect a
37reasonable fee.

38(d) This section shall become operative when the State Bar posts
39on its Internet Web site the form and translations required by
40paragraph (1) of subdivision (b). The State Bar shall post the form
P8    1and translations as soon as practicable, but no later than 45 days
2after the effective date of this section.

3

SEC. 3.  

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

5

22442.  

(a) Every person engaged in the business, or acting in
6the capacity of, an immigration consultant who enters into a
7contract or agreement with a client to provide services shall, prior
8to providing any services, provide the client with a written contract,
9the contents of which shall be prescribed by the Department of
10Consumer Affairs in regulations.

11(b) The written contract shall include all provisions relating to
12the following:

13(1) The services to be performed. Each service to be performed
14shall be itemized with an explanation of the purpose and process
15of each service.

16(2) The cost of each itemized service to be performed.

17(3) There shall be printed on the face of the contract in 10-point
18boldface type a statement that the immigration consultant is not
19an attorney and may not perform the legal services that an attorney
20performs.

21(4) The written contract shall list the documents to be prepared
22by the immigration consultant, shall explain the purpose and
23process of each document, and shall list the cost for preparing each
24document.

25(5) The written contract shall state the purpose for which the
26immigration consultant has been hired and the actions to be taken
27by the immigration consultant regarding each document, including
28the agency and office where each document will be filed and the
29approximate processing times according to current published
30agency guidelines.

31(6) The written contract shall include a provision that informs
32the client that he or she may report complaints relating to
33immigration consultants to the Executive Office for Immigration
34Review of the United States Department of Justice. The written
35contract shall also include a provision stating that complaints
36concerning the unauthorized practice of law may be reported to
37the State Bar of California. These required provisions shall include
38the toll-free telephone numbers and Internet Web sites of those
39entities.

P9    1(c) An immigration consultant shall not include provisions in
2the written contract relating to either of the following:

3(1) Any guarantee or promise, unless the immigration consultant
4has some basis in fact for making the guarantee or promise.

5(2) Any statement that the immigration consultant can or will
6obtain special favors from or has special influence with the United
7States Citizenship and Immigration Services, or any other
8governmental agency, employee, or official, that may have a
9bearing on a client’s immigration matter.

10(d) The provisions of the written contract shall be stated both
11in English and in the client’s native language.

12(e) A written contract is void if it is not written pursuant to
13subdivision (d).

14(f) The client shall have the right to rescind the contract within
1572 hours of signing the contract. The contents of this subdivision
16shall be conspicuously set forth in the written contract in both
17English and the client’s native language.

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

20(h)  Except if required pursuant to subparagraph (B) of paragraph
21(2) of subdivision (c) of Section 22442.6, this section does not
22apply to employees of nonprofit, tax-exempt corporations who
23help clients complete application forms in an immigration matter
24free of charge or for a nominal fee, including reasonable costs,
25consistent with that authorized by the Board of Immigration
26Appeals under Section 292.2 of Title 8 of the Code of Federal
27Regulations.

28

SEC. 4.  

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

30

22442.3.  

(a) An immigration consultant shall not, with the
31intent to mislead, literally translate, from English into another
32language, any words or titles, including, but not limited to, “notary
33public,” “notary,” “licensed,” “attorney,” or “lawyer,” that imply
34that the person is an attorney, in any document, including an
35advertisement, stationery, letterhead, business card, or other
36comparable written material describing the immigration consultant.
37As provided in this subdivision, the literal translation of the phrase
38“notary public” in to Spanish as “notario publico” or “notario,” is
39expressly prohibited.

P10   1(b) For purposes of this section, “literal translation of” or “to
2literally translate” a word, title, or phrase from one language means
3the translation of a word, title, or phrase without regard to the true
4meaning of the word or phrase in the language that is being
5translated.

6(c) An immigration consultant may not make or authorize the
7making of any verbal or written references to his or her compliance
8with the bonding requirements of Section 22443.1 except as
9provided in this chapter.

10(d) A violation of subdivision (a) or (c) by an immigration
11consultant shall constitute a violation of subdivision (a) of Section
126126.

13(e) (1) In addition to the remedies and penalties prescribed in
14this chapter, a person who violates this section shall be subject to
15a civil penalty not to exceed one thousand dollars ($1,000) per day
16for each violation, to be assessed and collected in a civil action
17brought by any person injured by the violation or in a civil action
18 brought in the name of the people of the State of California by the
19Attorney General, a district attorney, or a city attorney.

20(2) In assessing the amount of the civil penalty, the court may
21consider relevant circumstances presented by the parties to the
22case, including, but not limited to, the following:

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

24(B) The number of violations.

25(C) The length of time over which the misconduct occurred,
26and the persistence of the misconduct.

27(D) The willfulness of the misconduct.

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

29(3) If the Attorney General brings the action, one-half of the
30civil penalty collected shall be paid to the treasurer of the county
31in which the judgment was entered, and one-half to the General
32Fund. If a district attorney brings the action, the civil penalty
33collected shall be paid to the treasurer of the county in which the
34judgment was entered. If a city attorney brings the action, one-half
35of the civil penalty collected shall be paid to the treasurer of the
36city in which the judgment was entered, and one-half to the
37treasurer of the county in which the judgment was entered.

38(4) The court shall grant a prevailing plaintiff reasonable
39attorneys’ fees and costs.

P11   1

SEC. 5.  

Section 22442.5 is added to the Business and
2Professions Code
, to read:

3

22442.5.  

(a) An immigration consultant who provides
4immigration reform act services shall establish and deposit into a
5client trust account any funds received from a client prior to
6performing those services for that client.

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

8(1) “Immigration reform act” means any pending or future act
9of Congress that is enacted after the effective date of this section
10but before January 1, 2017, including, but not limited to, the federal
11act known as the “Border Security, Economic Opportunity, and
12Immigration Modernization Act” (S. 744, 2013), that authorizes
13an undocumented immigrant who either entered the United States
14without inspection or who did not depart after expiration of a
15nonimmigrant visa, to attain a lawful status under federal law. The
16State Bar shall announce and post on its Internet Web site when
17an immigration reform act has been enacted.

18(2) “Immigration reform act services” means services described
19in Section 22441 that are provided in connection with an
20immigration reform act.

21(c) The immigration consultant providing immigration reform
22act services for the client may withdraw funds received from that
23client only in compliance with either of the following:

24(1) After completing one or more of the itemized services
25described in paragraph (1) of subdivision (b) of Section 22442,
26and only in the amount identified as the cost of that service or
27those services pursuant to paragraph (2) of subdivision (b) of
28Section 22442.

29(2) After completing one or more of the documents listed, and
30 only in the amounts listed, pursuant to paragraph (4) of subdivision
31(b) of Section 22442.

32

SEC. 6.  

Section 22442.6 is added to the Business and
33Professions Code
, to read:

34

22442.6.  

(a) It is unlawful for an immigration consultant to
35demand or accept the advance payment of any funds from a person
36for immigration reform act services before the enactment of an
37immigration reform act, as defined in subdivision (b) of Section
3822442.5.

39(b) Any funds received after the effective date of this section,
40but before the enactment of an immigration reform act, as defined
P12   1in subdivision (b) of Section 22442.5, shall be refunded to the
2client promptly, but no later than 30 days after receipt of any funds.

3(c) (1) If an immigration consultant providing immigration
4reform act services accepted funds prior to the effective date of
5this section, and the services provided in connection with payment
6of those funds were rendered, the consultant shall promptly, but
7no later than 30 days after the effective date of this section, provide
8the client with a statement of accounting describing the services
9rendered.

10(2) (A) Any funds received before the effective date of this
11section, for which immigration reform act services were not
12rendered prior to the effective date of this section, shall either be
13refunded to the client or shall be deposited in a client trust account
14pursuant to Section 22442.5.

15(B) If an immigration consultant deposits funds in a client trust
16account pursuant to this paragraph, he or she shall comply with
17all applicable provisions of this chapter, including Section 22442,
18and shall provide to the client a written notice, in both English and
19 in the client’s native language, that there are no benefits or relief
20available, that no application for such benefits or relief may be
21processed until enactment of an immigration reform act and the
22related necessary federal regulations and forms, and that
23commencing with the effective date of this section, it is unlawful
24for an immigration consultant to demand or accept the advance
25payment of any funds from a person for immigration reform act
26services before the enactment of an immigration reform act.

27(d) (1) In addition to the remedies and penalties prescribed in
28this chapter, a person who violates this section shall be subject to
29a civil penalty not to exceed one thousand dollars ($1,000) per day
30for each violation, to be assessed and collected in a civil action
31brought by any person injured by the violation or in a civil action
32brought in the name of the people of the State of California by the
33Attorney General, a district attorney, or a city attorney.

34(2) In assessing the amount of the civil penalty, the court may
35consider relevant circumstances presented by the parties to the
36case, including, but not limited to, the following:

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

38(B) The number of violations.

39(C) The length of time over which the misconduct occurred,
40and the persistence of the misconduct.

P13   1(D) The willfulness of the misconduct.

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

3(3) If the Attorney General brings the action, one-half of the
4civil penalty collected shall be paid to the treasurer of the county
5in which the judgment was entered, and one-half to the General
6Fund. If a district attorney brings the action, the civil penalty
7collected shall be paid to the treasurer of the county in which the
8judgment was entered. If a city attorney brings the action, one-half
9of the civil penalty collected shall be paid to the treasurer of the
10city in which the judgment was entered, and one-half to the
11treasurer of the county in which the judgment was entered.

12(4) The court shall grant a prevailing plaintiff reasonable
13attorneys’ fees and costs.

14

SEC. 7.  

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

16

22443.1.  

(a) (1) Prior to engaging in the business, or acting
17in the capacity, of an immigration consultant, each person shall
18file with the Secretary of State a bond of fifty thousand dollars
19($50,000) executed by a corporate surety admitted to do business
20in this state and conditioned upon compliance with this chapter.
21The total aggregate liability on the bond shall be limited to fifty
22thousand dollars ($50,000).

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

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

33(c) An immigration consultant who is required to file a surety
34bond with the Secretary of State shall also file a disclosure form
35with the Secretary of State that contains all of the following
36information:

37(1) The immigration consultant’s name, date of birth, residence
38address, business address, residence telephone number, and
39business telephone number.

P14   1(2) The name and address of the immigration consultant’s agent
2for service of process if one is required to be or has been appointed.

3(3) Whether the immigration consultant has ever been convicted
4of a violation of this chapter or of Section 6126.

5(4) Whether the immigration consultant has ever been arrested
6or convicted of a crime.

7(5) If applicable, the name, business address, business telephone
8number, and agent for service of process of the corporation or
9partnership employing the immigration consultant.

10(d) An immigration consultant shall notify the Secretary of
11State’s office in writing within 30 days when the surety bond
12required by this section is renewed, and of any change of name,
13address, telephone number, or agent for service of process.

14(e) The Secretary of State shall post information on its Internet
15Web site demonstrating that an immigration consultant is in
16compliance with the bond required by this section and has
17satisfactorily passed the background check required under Section
1822441.1, and shall also post a copy of the immigration consultant’s
19photograph. The Secretary of State shall ensure that the information
20is current and shall update the information at least every 30 days.
21The Secretary of State shall only post this information and
22photograph on its Internet Web site if the person has filed and
23maintained the bond, filed the disclosure form and photograph
24required to be filed with the Secretary of State, and passed the
25background check required by Section 22441.1.

26(f) The Secretary of State shall develop the disclosure form
27required to file a bond under this section and make it available to
28any immigration consultant filing a bond pursuant to this section.

29(g) An immigration consultant shall submit all of the following
30with the disclosure form:

31(1) A copy of valid and current photo identification to determine
32the immigration consultant’s identity, such as a California driver’s
33license or identification card, passport, or other identification
34acceptable to the Secretary of State.

35(2) A photograph of himself or herself with the dimensions and
36in the style that would be acceptable to the U.S. Department of
37State for obtaining a United States passport, as instructed by the
38Secretary of State. An immigration consultant bonded on or before
39December 31, 2006, shall submit the photograph on or before July
401, 2007.

P15   1(h) The Secretary of State shall charge and collect a filing fee
2to cover the cost of filing the bond.

3(i) The Secretary of State shall enforce the provisions of this
4chapter that govern the filing and maintenance of bonds.

5(j)  This section does not apply to employees of nonprofit,
6tax-exempt corporations who help clients complete application
7forms in an immigration matter free of charge or for a nominal
8fee, including reasonable costs, consistent with that authorized by
9the Board of Immigration Appeals under Section 292.2 of Title 8
10of the Code of Federal Regulations.

11(k) This section shall become inoperative on July 1, 2014, and
12as of January 1, 2015, is repealed.

13

SEC. 8.  

Section 22443.1 is added to the Business and
14Professions Code
, to read:

15

22443.1.  

(a) (1) Prior to engaging in the business, or acting
16in the capacity, of an immigration consultant, each person shall
17file with the Secretary of State a bond of one hundred thousand
18dollars ($100,000) executed by a corporate surety admitted to do
19business in this state and conditioned upon compliance with this
20chapter. The total aggregate liability on the bond shall be limited
21to one hundred thousand dollars ($100,000).

22(2) The bond may be terminated pursuant to Section 995.440
23of, and Article 13 (commencing with Section 996.310) of Chapter
242 of Title 14 of Part 2 of, the Code of Civil Procedure.

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

32(c) An immigration consultant who is required to file a surety
33bond with the Secretary of State shall also file a disclosure form
34with the Secretary of State that contains all of the following
35information:

36(1) The immigration consultant’s name, date of birth, residence
37address, business address, residence telephone number, and
38business telephone number.

39(2) The name and address of the immigration consultant’s agent
40for service of process if one is required to be or has been appointed.

P16   1(3) Whether the immigration consultant has ever been convicted
2of a violation of this chapter or of Section 6126.

3(4) Whether the immigration consultant has ever been arrested
4or convicted of a crime.

5(5) If applicable, the name, business address, business telephone
6number, and agent for service of process of the corporation or
7partnership employing the immigration consultant.

8(d) An immigration consultant shall notify the Secretary of
9State’s office in writing within 30 days when the surety bond
10required by this section is renewed, and of any change of name,
11address, telephone number, or agent for service of process.

12(e) The Secretary of State shall post information on its Internet
13Web site demonstrating that an immigration consultant is in
14compliance with the bond required by this section and has
15satisfactorily passed the background check required under Section
1622441.1, and shall also post a copy of the immigration consultant’s
17photograph. The Secretary of State shall ensure that the information
18is current and shall update the information at least every 30 days.
19The Secretary of State shall only post this information and
20photograph on its Internet Web site if the person has filed and
21maintained the bond, filed the disclosure form and photograph
22required to be filed with the Secretary of State, and passed the
23background check required by Section 22441.1.

24(f) The Secretary of State shall develop the disclosure form
25required to file a bond under this section and make it available to
26any immigration consultant filing a bond pursuant to this section.

27(g) An immigration consultant shall submit all of the following
28with the disclosure form:

29(1) A copy of valid and current photo identification to determine
30the immigration consultant’s identity, such as a California driver’s
31license or identification card, passport, or other identification
32acceptable to the Secretary of State.

33(2) A photograph of himself or herself with the dimensions and
34in the style that would be acceptable to the United States
35Department of State for obtaining a United States passport, as
36instructed by the Secretary of State.

37(h) The Secretary of State shall charge and collect a filing fee
38to cover the cost of filing the bond.

39(i) The Secretary of State shall enforce the provisions of this
40chapter that govern the filing and maintenance of bonds.

P17   1(j)  This section does not apply to employees of nonprofit,
2tax-exempt corporations who help clients complete application
3forms in an immigration matter free of charge or for a nominal
4fee, including reasonable costs, consistent with that authorized by
5the Board of Immigration Appeals under Section 292.2 of Title 8
6of the Code of Federal Regulations.

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

8

SEC. 9.  

No reimbursement is required by this act pursuant to
9Section 6 of Article XIII B of the California Constitution because
10the only costs that may be incurred by a local agency or school
11district will be incurred because this act creates a new crime or
12infraction, eliminates a crime or infraction, or changes the penalty
13for a crime or infraction, within the meaning of Section 17556 of
14the Government Code, or changes the definition of a crime within
15the meaning of Section 6 of Article XIII B of the California
16Constitution.

17

SEC. 10.  

This act is an urgency statute necessary for the
18immediate preservation of the public peace, health, or safety within
19the meaning of Article IV of the Constitution and shall go into
20immediate effect. The facts constituting the necessity are:

21In order to implement measures as quickly as possible and as
22necessary to prevent fraud on immigrants by attorneys and other
23persons by making promises of benefits and relief under pending
24and proposed federal immigration reform acts before their
25enactment, it is necessary that this act take effect immediately.



O

    92