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H0790......................................................by STATE AFFAIRS IMMIGRANT ASSISTANCE - Amends and adds to existing law to provide for registration of persons providing immigration assistance; to permit nonlegal assistance; to provide for fees; to require a written contract; to provide requirements and a right to rescind; to provide prohibited activities; and to provide penalties. 03/08 House intro - 1st rdg - to printing 03/09 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 790 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO IMMIGRATION PRACTICES; AMENDING THE HEADING FOR TITLE 51, IDAHO 3 CODE; AMENDING TITLE 51, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 2, 4 TITLE 51, IDAHO CODE, TO PROVIDE LEGISLATIVE FINDINGS, TO DEFINE TERMS, TO 5 PROVIDE EXEMPTIONS, TO PROVIDE FOR REGISTRATION AND CHANGE OF ADDRESS, TO 6 PERMIT NONLEGAL ASSISTANCE AND TO PROVIDE FOR FEES, TO REQUIRE A WRITTEN 7 CONTRACT, TO PROVIDE REQUIREMENTS AND A RIGHT TO RESCIND, TO PROVIDE PRO- 8 HIBITED ACTIVITIES AND TO PROVIDE PENALTIES; AND TO PROVIDE SEVERABILITY. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That the Heading for Title 51, Idaho Code, be, and the same is 11 hereby amended to read as follows: 12 TITLE 51 13 NOTARIES PUBLIC ANDCOMMISSIONERS OF DEEDSIMMIGRATION 14 ASSISTANT PRACTICES 15 SECTION 2. That Title 51, Idaho Code, be, and the same is hereby amended 16 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 17 ter 2, Title 51, Idaho Code, and to read as follows: 18 CHAPTER 2 19 IMMIGRATION ASSISTANT PRACTICES ACT 20 51-201. LEGISLATIVE FINDINGS. The legislature finds and declares that 21 assisting persons regarding immigration matters substantially affects the pub- 22 lic interest. The practices of immigration assistants have a significant 23 impact on the residents of the state of Idaho. It is the intent of the legis- 24 lature to establish rules of practice and conduct for immigration assistants 25 to promote honesty and fair dealing with residents and to preserve public con- 26 fidence. 27 51-202. DEFINITIONS. As used in this chapter: 28 (1) "Immigration assistant" means every person who, for compensation or 29 the expectation of compensation, gives nonlegal assistance on an immigration 30 matter. That assistance is limited to: 31 (a) Transcribing responses to a government agency form selected by the 32 customer which is related to an immigration matter, but does not include 33 advising a person as to his or her answers on those forms; 34 (b) Translating a person's answer to questions posed on those forms; 35 (c) Securing for a person supporting documents currently in existence, 36 such as birth and marriage certificates, which may be needed to submit 37 with those forms; 38 (d) Making referrals to attorneys who could undertake legal representa- 39 tion for a person in an immigration matter. 2 1 (2) "Immigration matter" means any proceeding, filing, or action affect- 2 ing the nonimmigrant, immigrant or citizenship status of any person which 3 arises under immigration and naturalization law, executive order or presiden- 4 tial proclamation, or which arises under action of the United States depart- 5 ment of homeland security, the United States department of labor, or the 6 United States department of state. 7 51-203. EXEMPTIONS. The following persons are exempt from all provisions 8 of this chapter: 9 (1) An attorney licensed to practice law in this state where such attor- 10 ney renders services in the course of his or her practice as an attorney and a 11 legal intern, as described by court rule, or a paralegal employed by and under 12 the direct supervision of such an attorney. 13 (2) A nonprofit corporation or clinic affiliated with a law school in 14 this state that provides immigration consulting services to clients without 15 charge beyond a request for reimbursement of the corporation's or clinic's 16 reasonable costs relating to providing immigration services to that client. 17 "Reasonable costs" include, but are not limited to, the costs of photocopying, 18 telephone calls, document requests and the filing fees for immigration forms. 19 51-204. REGISTRATION -- CHANGE OF ADDRESS -- NONLEGAL ASSISTANCE PERMIT- 20 TED -- FEES. (1) Any person who engages in the business of an immigration 21 assistant shall register with the office of the secretary of state and provide 22 his or her name, business address, home address, and business and home tele- 23 phone numbers. An immigration assistant who has registered shall inform the 24 secretary of state of any changes in his or her name, address or telephone 25 number within thirty (30) calendar days of such change. 26 (2) Immigration assistants shall offer or provide only nonlegal assis- 27 tance in an immigration matter as defined in section 51-202, Idaho Code. Any 28 immigration assistant who also performs other duties including language trans- 29 lation or notary public services shall clearly indicate that such services are 30 not that of providing assistance in an immigration matter and further shall 31 indicate that immigration assistance services shall be contracted separate and 32 apart from such language translation or notary public services, and shall be 33 governed by the provisions of this chapter. 34 (3) The secretary of state may, as prescribed by rule, charge reasonable 35 fees to registrants enumerated in subsection (1) of this section to implement 36 the provisions of this chapter. All fees collected by the secretary of state 37 shall be deposited into the immigration assistant practices act fund which is 38 hereby created in the state treasury. All moneys in the fund may be utilized 39 by the secretary of state in administering the provisions of this chapter. 40 51-205. WRITTEN CONTRACT -- REQUIREMENTS -- RIGHT TO RESCIND. (1) An 41 immigration assistant who provides immigration assistance to a customer shall 42 provide the customer with a written contract that includes the following pro- 43 visions: 44 (a) An explanation of the services to be performed; 45 (b) Identification of all compensation and costs to be charged to the 46 customer for the services to be performed; 47 (c) A statement that the documents submitted in support of an application 48 for nonimmigrant, immigrant or naturalization status may not be retained 49 by the assistant for any purpose, including payment of compensation or 50 costs; 51 (d) A statement that the immigration assistant is not an attorney and may 52 not perform legal services. This statement shall be on the face of the 3 1 contract in ten (10) point bold type print; and 2 (e) A statement that the customer has seventy-two (72) hours to rescind 3 the contract. This statement shall be conspicuously set forth in the con- 4 tract. 5 (2) The written contract shall be provided in both English and in the 6 language of the customer. 7 (3) A copy of the written contract shall be provided to the customer by 8 the immigration assistant upon execution of the contract. 9 (4) A customer has the right to rescind a contract within seventy-two 10 (72) hours of the signing of the contract. 11 (5) Any documents identified in subsection (1)(c) of this section shall 12 be returned upon demand of the customer. 13 (6) All contracts shall itemize the cost of services to be performed and 14 provide an estimated maximum cost for the immigration assistant's services. 15 Should this maximum be exceeded, the client shall be notified and a new con- 16 tract shall be entered into between the immigration assistant and the client. 17 51-206. PROHIBITED ACTIVITIES. In the course of dealing with customers or 18 prospective customers, an immigration assistant shall not: 19 (1) Make any statement or imply that the immigration assistant can or 20 will obtain special favors from or has special influence with the United 21 States department of homeland security; 22 (2) Retain any compensation for services not performed; 23 (3) Refuse to return documents supplied by, prepared by, or paid for by 24 the customer upon the request of the customer. These documents must be 25 returned upon request even if there is a fee dispute between the immigration 26 assistant and the customer; 27 (4) Represent or advertise, in connection with the provision of immigra- 28 tion assistance, other titles or credentials including, but not limited to, 29 "notary public" or "immigration consultant" that could cause a customer to 30 believe that the immigration assistant possesses special professional skills; 31 (5) Communicate in any manner, oral or written, that registration under 32 this chapter is an indicator of special skill or expertise or that it allows 33 the person to provide advice on an immigration matter; 34 (6) Give any legal advice concerning an immigration matter. 35 51-207. PENALTIES. (1) The legislature finds and declares that any viola- 36 tion of this chapter substantially affects the public interest and is an 37 unfair and deceptive act or practice and may be prosecuted under the consumer 38 protection act. 39 (2) Any person violating this chapter shall be guilty of a misdemeanor 40 and may be ordered to provide restitution to the victim. 41 SECTION 3. SEVERABILITY. The provisions of this act are hereby declared 42 to be severable and if any provision of this act or the application of such 43 provision to any person or circumstance is declared invalid for any reason, 44 such declaration shall not affect the validity of the remaining portions of 45 this act.
STATEMENT OF PURPOSE RS 16197C1 This legislation will require those engaging in the practice of immigration assistance to register with the secretary of state. It is the intent of this bill to prevent deceptive practices that have caused many individuals seeking to follow U.S. immigration policy to be misled or be given inadequate counsel. Placing limits on the practice of immigration assistance and requiring notification of the limits of this practice is intended to lead to proper completion of immigration paperwork and reduce the rate at which visas expire or paperwork is filed improperly. It is in the interest of the state and in the interest of those seeking to retain or achieve legal status that the realities and true difficulties of achieving citizenship be properly represented and that these individuals not be misled. Further, it is in the interest of the state that the practice of immigration assistants be distinguished from that of attorneys and immigration officials who are qualified to provide counsel on United States immigration policy. Once passed this legislation will reduce unlawful practices and protect Idaho consumers and employers from unscrupulous individuals posing as immigration consultants and attorneys. FISCAL IMPACT None. The Secretary of State's office says their IT department can create the necessary form in a matter of minutes. Because this legislation is intended to limit current deceptive practices, the number of individuals actually registering under this statute should be fewer than 50. The Secretary of State is authorized to charge a fee to immigration assistants who do register. This fee should more than cover any costs that may be incurred. Contact Name: Rep. Nicole LeFavour Phone: 724-0468 STATEMENT OF PURPOSE/FISCAL NOTE H 790