Bill Text: CA AB1159 | 2013-2014 | Regular Session | Chaptered


Bill Title: Immigration services.

Spectrum: Slight Partisan Bill (Democrat 13-7)

Status: (Passed) 2013-10-05 - Chaptered by Secretary of State - Chapter 574, Statutes of 2013. [AB1159 Detail]

Download: California-2013-AB1159-Chaptered.html
BILL NUMBER: AB 1159	CHAPTERED
	BILL TEXT

	CHAPTER  574
	FILED WITH SECRETARY OF STATE  OCTOBER 5, 2013
	APPROVED BY GOVERNOR  OCTOBER 5, 2013
	PASSED THE SENATE  SEPTEMBER 12, 2013
	PASSED THE ASSEMBLY  SEPTEMBER 12, 2013
	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

INTRODUCED BY   Assembly Member Gonzalez
   (Principal coauthor: Senator De Len)
   (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, 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6126.7 is added to the Business and Professions
Code, to read:
   6126.7.  (a) It is a violation of subdivision (a) of Section 6126
for any person who is not an attorney to literally translate from
English into another language, in any document, including an
advertisement, stationery, letterhead, business card, or other
comparable written material, any words or titles, including, but not
limited to, "notary public," "notary," "licensed," "attorney," or
"lawyer," that imply that the person is an attorney. As provided in
this subdivision, the literal translation of the phrase "notary
public" into Spanish as "notario publico" or "notario," is expressly
prohibited.
   (b) For purposes of this section, "literal translation of" or "to
literally translate" a word, title, or phrase from one language means
the translation of a word, title, or phrase without regard to the
true meaning of the word or phrase in the language that is being
translated.
   (c) (1) In addition to any other remedies and penalties prescribed
in this article, a person who violates this section shall be subject
to a civil penalty not to exceed one thousand dollars ($1,000) per
day for each violation, to be assessed and collected in a civil
action brought by the State Bar.
   (2) In assessing the amount of the civil penalty, the court may
consider relevant circumstances presented by the parties to the case,
including, but not limited to, the following:
   (A) The nature and severity of the misconduct.
   (B) The number of violations.
   (C) The length of time over which the misconduct occurred, and the
persistence of the misconduct.
   (D) The wilfulness of the misconduct.
   (E) The defendant's assets, liabilities, and net worth.
   (3) The court shall grant a prevailing plaintiff reasonable
attorneys' fees and costs.
   (4) A civil action brought under this section shall be commenced
within four years after the cause of action accrues.
   (5) In a civil action brought by the State Bar under this section,
the civil penalty collected shall be paid to the State Bar and
allocated to the fund established pursuant to Section 6033 to provide
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 under Section 22447, as
directed by the Board of Trustees of the State Bar. The board shall
annually report any collection and expenditure of funds for the
preceding calendar year, as authorized by this section, to the
Assembly and Senate Committees on Judiciary. The report required by
this section may be included in the report described in Section
6086.15.
  SEC. 2.  Article 16 (commencing with Section 6240) is added to
Chapter 4 of Division 3 of the Business and Professions Code, to
read:

      Article 16.  Attorneys Providing Immigration Reform Act
Services


   6240.  For purposes of this article, the following definitions
apply:
   (a) "Immigration reform act" means any pending or future act of
Congress that is enacted after the effective date of this section but
before January 1, 2017, including, but not limited to, the federal
act known as the "Border Security, Economic Opportunity, and
Immigration Modernization Act" (S. 744, 2013), that authorizes an
undocumented immigrant who either entered the United States without
inspection or who did not depart after the expiration of a
nonimmigrant visa, to attain a lawful status under federal law. The
State Bar shall announce and post on its Internet Web site when an
immigration reform act has been enacted.
   (b) "Immigration reform act services" means services offered in
connection with an immigration reform act that are necessary in the
preparation of an application and other related initial processes in
order for an undocumented immigrant, who either entered the United
States without inspection or who did not depart after the expiration
of a nonimmigrant visa, to attain a lawful status under an
immigration reform act.
   6241.  This article shall apply to the following:
   (a) An attorney who is an active member of the State Bar who
provides immigration reform act services.
   (b) An attorney who is not an active member of the State Bar, but
who meets both of the following:
   (1) The attorney is authorized by federal law to practice law and
to represent persons before the Board of Immigration Appeals or the
United States Citizenship and Immigration Services.
   (2) The attorney is providing immigration reform act services in
an office or business in California.
   6242.  (a) It is unlawful for an attorney to demand or accept the
advance payment of any funds from a person for immigration reform act
services before the enactment of an immigration reform act.
   (b) Any funds received after the effective date of this section,
but before the enactment of an immigration reform act, shall be
refunded to the client promptly, but no later than 30 days after the
receipt of the funds.
   (c) (1) If an attorney providing immigration reform act services
accepted funds for immigration reform act services prior to the
effective date of this section, and the services to be performed in
connection with payment of those funds were rendered, the attorney
shall promptly, but no later than 30 days after the effective date of
this section, provide the client with a statement of accounting
describing the services rendered.
   (2) (A) Any funds received before the effective date of this
section for which immigration reform act services were not rendered
prior to the effective date of this section, shall be either refunded
to the client or deposited in a client trust account.
   (B) If an attorney deposits funds in a client trust account
pursuant to this paragraph, he or she shall provide a written notice,
in both English and the client's native language, informing the
client of the following:
   (i) That there are no benefits or relief available, and that no
application for such benefits or relief may be processed, until
enactment of an immigration reform act and the related necessary
federal regulations or forms, and that, commencing with the effective
date of this section, it is unlawful for an attorney to demand or
accept the advance payment of any funds from a person for immigration
reform act services before the enactment of an immigration reform
act.
   (ii) That he or she may report complaints to the Executive Office
for Immigration Review of the United States Department of Justice, to
the State Bar of California, or to the bar of the court of any
state, possession, territory, or commonwealth of the United States or
of the District of Columbia where the attorney is admitted to
practice law. The notice shall include the toll-free telephone
numbers and Internet Web sites of those entities.
   6243.  (a) (1) When a contract for legal services is required in
writing pursuant to Section 6148, or is subject to Section 1632 of
the Civil Code, an attorney providing immigration reform act services
shall provide a written notice informing the client that he or she
may report complaints to the Executive Office for Immigration Review
of the United States Department of Justice, to the State Bar of
California, or to the bar of the court of any state, possession,
territory, or commonwealth of the United States or of the District of
Columbia where the attorney is admitted to practice law. The notice
shall include the toll-free telephone numbers and Internet Web sites
of those entities.
   (2) The notice shall be in English and in one of the languages of
the forms translated by the State Bar pursuant to paragraph (1) of
subdivision (b), if the contract for immigration reform act services
was negotiated in one of those languages.
   (3) The notice shall be attached or incorporated into any written
contract for immigration reform act services. If the notice is
attached to a written contract, it shall be signed by both the
attorney and the client.
   (b) (1) The State Bar shall provide the form of the notice
required in subdivision (a) and shall post the form and translations
on its Internet Web site. The State Bar shall translate the form into
the following languages: Spanish, Chinese, Tagalog, Vietnamese,
Korean, Armenian, Persian, Japanese, Russian, Hindi, Arabic, French,
Punjabi, Portuguese, Mon-Khmer, Hmong, Thai, Gujarati. The State Bar,
upon request, may translate the forms into other languages.
   (2) Notwithstanding paragraph (1), an attorney providing
immigration reform act services who meets the criteria of subdivision
(b) of Section 6241 shall be responsible for adding and translating
the name of, toll-free telephone number of, and information on the
Internet Web site for, the bar of the court of any state, possession,
territory, or commonwealth of the United States or the District of
Columbia in which he or she is admitted to practice law.
   (c) Failure to comply with any provision of this section renders
the contract voidable at the option of the client, and the attorney
shall, upon the contract being voided, be entitled to collect a
reasonable fee.
   (d) This section shall become operative when the State Bar posts
on its Internet Web site the form and translations required by
paragraph (1) of subdivision (b). The State Bar shall post the form
and translations as soon as practicable, but no later than 45 days
after the effective date of this section.
  SEC. 3.  Section 22442 of the Business and Professions Code is
amended to read:
   22442.  (a) Every person engaged in the business, or acting in the
capacity of, an immigration consultant who enters into a contract or
agreement with a client to provide services shall, prior to
providing any services, provide the client with a written contract,
the contents of which shall be prescribed by the Department of
Consumer Affairs in regulations.
   (b) The written contract shall include all provisions relating to
the following:
   (1) The services to be performed. Each service to be performed
shall be itemized with an explanation of the purpose and process of
each service.
   (2) The cost of each itemized service to be performed.
   (3) There shall be printed on the face of the contract in 10-point
boldface type a statement that the immigration consultant is not an
attorney and may not perform the legal services that an attorney
performs.
   (4) The written contract shall list the documents to be prepared
by the immigration consultant, shall explain the purpose and process
of each document, and shall list the cost for preparing each
document.
   (5) The written contract shall state the purpose for which the
immigration consultant has been hired and the actions to be taken by
the immigration consultant regarding each document, including the
agency and office where each document will be filed and the
approximate processing times according to current published agency
guidelines.
   (6) The written contract shall include a provision that informs
the client that he or she may report complaints relating to
immigration consultants to the Executive Office for Immigration
Review of the United States Department of Justice. The written
contract shall also include a provision stating that complaints
concerning the unauthorized practice of law may be reported to the
State Bar of California. These required provisions shall include the
toll-free telephone numbers and Internet Web sites of those entities.

   (c) An immigration consultant shall not include provisions in the
written contract relating to either of the following:
   (1) Any guarantee or promise, unless the immigration consultant
has some basis in fact for making the guarantee or promise.
   (2) Any statement that the immigration consultant can or will
obtain special favors from or has special influence with the United
States Citizenship and Immigration Services, or any other
governmental agency, employee, or official, that may have a bearing
on a client's immigration matter.
   (d) The provisions of the written contract shall be stated both in
English and in the client's native language.
   (e) A written contract is void if it is not written pursuant to
subdivision (d).
   (f) The client shall have the right to rescind the contract within
72 hours of signing the contract. The contents of this subdivision
shall be conspicuously set forth in the written contract in both
English and the client's native language.
   (g) An immigration consultant shall not make the statements
described in subdivision (c) orally to a client.
   (h)  Except if required pursuant to subparagraph (B) of paragraph
(2) of subdivision (c) of Section 22442.6, this section does not
apply to employees of nonprofit, tax-exempt corporations who help
clients complete application forms in an immigration matter free of
charge or for a nominal fee, including reasonable costs, consistent
with that authorized by the Board of Immigration Appeals under
Section 292.2 of Title 8 of the Code of Federal Regulations.
  SEC. 4.  Section 22442.3 of the Business and Professions Code is
amended to read:
   22442.3.  (a) An immigration consultant shall not, with the intent
to mislead, literally translate, from English into another language,
any words or titles, including, but not limited to, "notary public,"
"notary," "licensed," "attorney," or "lawyer," that imply that the
person is an attorney, in any document, including an advertisement,
stationery, letterhead, business card, or other comparable written
material describing the immigration consultant. As provided in this
subdivision, the literal translation of the phrase "notary public"
into Spanish as "notario publico" or "notario," is expressly
prohibited.
   (b) For purposes of this section, "literal translation of" or "to
literally translate" a word, title, or phrase from one language means
the translation of a word, title, or phrase without regard to the
true meaning of the word or phrase in the language that is being
translated.
   (c) An immigration consultant may not make or authorize the making
of any verbal or written references to his or her compliance with
the bonding requirements of Section 22443.1 except as provided in
this chapter.
   (d) A violation of subdivision (a) or (c) by an immigration
consultant shall constitute a violation of subdivision (a) of Section
6126.
   (e) (1) In addition to the remedies and penalties prescribed in
this chapter, a person who violates this section shall be subject to
a civil penalty not to exceed one thousand dollars ($1,000) per day
for each violation, to be assessed and collected in a civil action
brought by any person injured by the violation or in a civil action
brought in the name of the people of the State of California by the
Attorney General, a district attorney, or a city attorney.
   (2) In assessing the amount of the civil penalty, the court may
consider relevant circumstances presented by the parties to the case,
including, but not limited to, the following:
   (A) The nature and severity of the misconduct.
   (B) The number of violations.
   (C) The length of time over which the misconduct occurred, and the
persistence of the misconduct.
   (D) The willfulness of the misconduct.
   (E) The defendant's assets, liabilities, and net worth.
   (3) If the Attorney General brings the action, one-half of the
civil penalty collected shall be paid to the treasurer of the county
in which the judgment was entered, and one-half to the General Fund.
If a district attorney brings the action, the civil penalty collected
shall be paid to the treasurer of the county in which the judgment
was entered. If a city attorney brings the action, one-half of the
civil penalty collected shall be paid to the treasurer of the city in
which the judgment was entered, and one-half to the treasurer of the
county in which the judgment was entered.
   (4) The court shall grant a prevailing plaintiff reasonable
attorneys' fees and costs.
  SEC. 5.  Section 22442.5 is added to the Business and Professions
Code, to read:
   22442.5.  (a) An immigration consultant who provides immigration
reform act services shall establish and deposit into a client trust
account any funds received from a client prior to performing those
services for that client.
   (b) For purposes of this section, the following definitions apply:

   (1) "Immigration reform act" means any pending or future act of
Congress that is enacted after the effective date of this section but
before January 1, 2017, including, but not limited to, the federal
act known as the "Border Security, Economic Opportunity, and
Immigration Modernization Act" (S. 744, 2013), that authorizes an
undocumented immigrant who either entered the United States without
inspection or who did not depart after expiration of a nonimmigrant
visa, to attain a lawful status under federal law. The State Bar
shall announce and post on its Internet Web site when an immigration
reform act has been enacted.
   (2) "Immigration reform act services" means services described in
Section 22441 that are provided in connection with an immigration
reform act.
   (c) The immigration consultant providing immigration reform act
services for the client may withdraw funds received from that client
only in compliance with either of the following:
   (1) After completing one or more of the itemized services
described in paragraph (1) of subdivision (b) of Section 22442, and
only in the amount identified as the cost of that service or those
services pursuant to paragraph (2) of subdivision (b) of Section
22442.
   (2) After completing one or more of the documents listed, and only
in the amounts listed, pursuant to paragraph (4) of subdivision (b)
of Section 22442.
  SEC. 6.  Section 22442.6 is added to the Business and Professions
Code, to read:
   22442.6.  (a) It is unlawful for an immigration consultant to
demand or accept the advance payment of any funds from a person for
immigration reform act services before the enactment of an
immigration reform act, as defined in subdivision (b) of Section
22442.5.
   (b) Any funds received after the effective date of this section,
but before the enactment of an immigration reform act, as defined in
subdivision (b) of Section 22442.5, shall be refunded to the client
promptly, but no later than 30 days after receipt of any funds.
   (c) (1) If an immigration consultant providing immigration reform
act services accepted funds prior to the effective date of this
section, and the services provided in connection with payment of
those funds were rendered, the consultant shall promptly, but no
later than 30 days after the effective date of this section, provide
the client with a statement of accounting describing the services
rendered.
   (2) (A) Any funds received before the effective date of this
section, for which immigration reform act services were not rendered
prior to the effective date of this section, shall either be refunded
to the client or shall be deposited in a client trust account
pursuant to Section 22442.5.
   (B) If an immigration consultant deposits funds in a client trust
account pursuant to this paragraph, he or she shall comply with all
applicable provisions of this chapter, including Section 22442, and
shall provide to the client a written notice, in both English and in
the client's native language, that there are no benefits or relief
available, that no application for such benefits or relief may be
processed until enactment of an immigration reform act and the
related necessary federal regulations and forms, and that commencing
with the effective date of this section, it is unlawful for an
immigration consultant to demand or accept the advance payment of any
funds from a person for immigration reform act services before the
enactment of an immigration reform act.
   (d) (1) In addition to the remedies and penalties prescribed in
this chapter, a person who violates this section shall be subject to
a civil penalty not to exceed one thousand dollars ($1,000) per day
for each violation, to be assessed and collected in a civil action
brought by any person injured by the violation or in a civil action
brought in the name of the people of the State of California by the
Attorney General, a district attorney, or a city attorney.
   (2) In assessing the amount of the civil penalty, the court may
consider relevant circumstances presented by the parties to the case,
including, but not limited to, the following:
   (A) The nature and severity of the misconduct.
   (B) The number of violations.
   (C) The length of time over which the misconduct occurred, and the
persistence of the misconduct.
   (D) The willfulness of the misconduct.
   (E) The defendant's assets, liabilities, and net worth.
   (3) If the Attorney General brings the action, one-half of the
civil penalty collected shall be paid to the treasurer of the county
in which the judgment was entered, and one-half to the General Fund.
If a district attorney brings the action, the civil penalty collected
shall be paid to the treasurer of the county in which the judgment
was entered. If a city attorney brings the action, one-half of the
civil penalty collected shall be paid to the treasurer of the city in
which the judgment was entered, and one-half to the treasurer of the
county in which the judgment was entered.
   (4) The court shall grant a prevailing plaintiff reasonable
attorneys' fees and costs.
  SEC. 7.  Section 22443.1 of the Business and Professions Code is
amended to read:
   22443.1.  (a) (1) Prior to engaging in the business, or acting in
the capacity, of an immigration consultant, each person shall file
with the Secretary of State a bond of fifty thousand dollars
($50,000) executed by a corporate surety admitted to do business in
this state and conditioned upon compliance with this chapter. The
total aggregate liability on the bond shall be limited to fifty
thousand dollars ($50,000).
   (2) The bond may be terminated pursuant to Section 995.440 of, and
Article 13 (commencing with Section 996.310) of Chapter 2 of Title
14 of Part 2 of, the Code of Civil Procedure.
   (b) The bond required by this section shall be in favor of, and
payable to, the people of the State of California and shall be for
the benefit of any person damaged by any fraud, misstatement,
misrepresentation, unlawful act or omission, or failure to provide
the services of the immigration consultant or the agents,
representatives, or employees of the immigration consultant, while
acting within the scope of that employment or agency.
   (c) An immigration consultant who is required to file a surety
bond with the Secretary of State shall also file a disclosure form
with the Secretary of State that contains all of the following
information:
   (1) The immigration consultant's name, date of birth, residence
address, business address, residence telephone number, and business
telephone number.
   (2) The name and address of the immigration consultant's agent for
service of process if one is required to be or has been appointed.
   (3) Whether the immigration consultant has ever been convicted of
a violation of this chapter or of Section 6126.
   (4) Whether the immigration consultant has ever been arrested or
convicted of a crime.
   (5) If applicable, the name, business address, business telephone
number, and agent for service of process of the corporation or
partnership employing the immigration consultant.
   (d) An immigration consultant shall notify the Secretary of State'
s office in writing within 30 days when the surety bond required by
this section is renewed, and of any change of name, address,
telephone number, or agent for service of process.
   (e) The Secretary of State shall post information on its Internet
Web site demonstrating that an immigration consultant is in
compliance with the bond required by this section and has
satisfactorily passed the background check required under Section
22441.1, and shall also post a copy of the immigration consultant's
photograph. The Secretary of State shall ensure that the information
is current and shall update the information at least every 30 days.
The Secretary of State shall only post this information and
photograph on its Internet Web site if the person has filed and
maintained the bond, filed the disclosure form and photograph
required to be filed with the Secretary of State, and passed the
background check required by Section 22441.1.
   (f) The Secretary of State shall develop the disclosure form
required to file a bond under this section and make it available to
any immigration consultant filing a bond pursuant to this section.
   (g) An immigration consultant shall submit all of the following
with the disclosure form:
   (1) A copy of valid and current photo identification to determine
the immigration consultant's identity, such as a California driver's
license or identification card, passport, or other identification
acceptable to the Secretary of State.
   (2) A photograph of himself or herself with the dimensions and in
the style that would be acceptable to the U.S. Department of State
for obtaining a United States passport, as instructed by the
Secretary of State. An immigration consultant bonded on or before
December 31, 2006, shall submit the photograph on or before July 1,
2007.
   (h) The Secretary of State shall charge and collect a filing fee
to cover the cost of filing the bond.
   (i) The Secretary of State shall enforce the provisions of this
chapter that govern the filing and maintenance of bonds.
   (j)  This section does not apply to employees of nonprofit,
tax-exempt corporations who help clients complete application forms
in an immigration matter free of charge or for a nominal fee,
including reasonable costs, consistent with that authorized by the
Board of Immigration Appeals under Section 292.2 of Title 8 of the
Code of Federal Regulations.
   (k) This section shall become inoperative on July 1, 2014, and as
of January 1, 2015, is repealed.
  SEC. 8.  Section 22443.1 is added to the Business and Professions
Code, to read:
   22443.1.  (a) (1) Prior to engaging in the business, or acting in
the capacity, of an immigration consultant, each person shall file
with the Secretary of State a bond of one hundred thousand dollars
($100,000) executed by a corporate surety admitted to do business in
this state and conditioned upon compliance with this chapter. The
total aggregate liability on the bond shall be limited to one hundred
thousand dollars ($100,000).
   (2) The bond may be terminated pursuant to Section 995.440 of, and
Article 13 (commencing with Section 996.310) of Chapter 2 of Title
14 of Part 2 of, the Code of Civil Procedure.
             (b) The bond required by this section shall be in favor
of, and payable to, the people of the State of California and shall
be for the benefit of any person damaged by any fraud, misstatement,
misrepresentation, unlawful act or omission, or failure to provide
the services of the immigration consultant or the agents,
representatives, or employees of the immigration consultant, while
acting within the scope of that employment or agency.
   (c) An immigration consultant who is required to file a surety
bond with the Secretary of State shall also file a disclosure form
with the Secretary of State that contains all of the following
information:
   (1) The immigration consultant's name, date of birth, residence
address, business address, residence telephone number, and business
telephone number.
   (2) The name and address of the immigration consultant's agent for
service of process if one is required to be or has been appointed.
   (3) Whether the immigration consultant has ever been convicted of
a violation of this chapter or of Section 6126.
   (4) Whether the immigration consultant has ever been arrested or
convicted of a crime.
   (5) If applicable, the name, business address, business telephone
number, and agent for service of process of the corporation or
partnership employing the immigration consultant.
   (d) An immigration consultant shall notify the Secretary of State'
s office in writing within 30 days when the surety bond required by
this section is renewed, and of any change of name, address,
telephone number, or agent for service of process.
   (e) The Secretary of State shall post information on its Internet
Web site demonstrating that an immigration consultant is in
compliance with the bond required by this section and has
satisfactorily passed the background check required under Section
22441.1, and shall also post a copy of the immigration consultant's
photograph. The Secretary of State shall ensure that the information
is current and shall update the information at least every 30 days.
The Secretary of State shall only post this information and
photograph on its Internet Web site if the person has filed and
maintained the bond, filed the disclosure form and photograph
required to be filed with the Secretary of State, and passed the
background check required by Section 22441.1.
   (f) The Secretary of State shall develop the disclosure form
required to file a bond under this section and make it available to
any immigration consultant filing a bond pursuant to this section.
   (g) An immigration consultant shall submit all of the following
with the disclosure form:
   (1) A copy of valid and current photo identification to determine
the immigration consultant's identity, such as a California driver's
license or identification card, passport, or other identification
acceptable to the Secretary of State.
   (2) A photograph of himself or herself with the dimensions and in
the style that would be acceptable to the United States Department of
State for obtaining a United States passport, as instructed by the
Secretary of State.
   (h) The Secretary of State shall charge and collect a filing fee
to cover the cost of filing the bond.
   (i) The Secretary of State shall enforce the provisions of this
chapter that govern the filing and maintenance of bonds.
   (j)  This section does not apply to employees of nonprofit,
tax-exempt corporations who help clients complete application forms
in an immigration matter free of charge or for a nominal fee,
including reasonable costs, consistent with that authorized by the
Board of Immigration Appeals under Section 292.2 of Title 8 of the
Code of Federal Regulations.
   (k) This section shall become operative on July 1, 2014.
  SEC. 9.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
  SEC. 10.  This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
   In order to implement measures as quickly as possible and as
necessary to prevent fraud on immigrants by attorneys and other
persons by making promises of benefits and relief under pending and
proposed federal immigration reform acts before their enactment, it
is necessary that this act take effect immediately.

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