2006 Legislation
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HOUSE BILL NO. 790 – Immigration assistant practices

HOUSE BILL NO. 790

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN 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 AND COMMISSIONERS OF DEEDS IMMIGRATION
 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 / Fiscal Impact



                       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