SENATE BILL REPORT

ESB 5715

BYSenators Newhouse, Talmadge, Owen and Benitz; by request of Attorney General

Regulating the business of immigration consulting.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 15, 1989

Majority Report:  Do pass as amended.

      Signed by Senators McCaslin, Vice Chairman; Hayner, Madsen, Nelson, Newhouse, Niemi, Rasmussen, Rinehart, Talmadge, Thorsness.

Senate Staff:Ben Barnes

                  April 7, 1989

AS PASSED SENATE, MARCH 7, 1989

BACKGROUND:

Recent changes in federal immigration law have caused a dramatic increase in the number of foreign nationals who are applying for U.S. citizenship.  They have also caused a proliferation of immigration consultants who provide non-legal assistance and advice on immigration matters for a fee.

Concern exists that individuals seeking non-legal assistance and advice on immigration matters are not adequately protected from unscrupulous practices and conduct.  It is suggested that rules of practice and conduct be established for immigration consultants in order to minimize potential abuses.

SUMMARY:

The Immigration Assistant Practices Act is established.

Attorneys and legal interns or paralegals operating under the supervision of an attorney are exempt from this act.  Nonprofit corporations and law school clinics are also exempt from this act.

Any person who wishes to engage in the business of immigration consulting must register with the Secretary of State's office. Failure to register with the Secretary of State prior to acting as an immigration consultant constitutes a class C felony and an unfair and deceptive act or practice.

Immigration consultants must inform the Secretary of State of any changes in their name, address, or phone number within 30 days of the change.  Failure to inform the Secretary of State of changes within the required time constitutes a gross misdemeanor and an unfair and deceptive act or practice.

Immigration consultants are authorized to provide only non- legal assistance or advice.  An immigration consultant must provide the client a written contract prior to providing any service.  The contract must contain certain specific provisions and must be written in both English and in the native language of the client.  The client may rescind the contract within 72 hours of signing the contract.  Certain acts are specifically prohibited.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Effective Date:July 1, 1989

Senate Committee - Testified: FOR:  Ken Eikenberry, Attorney General; Hector Gonzales, Commission on Hispanic Affairs; Zsa Zsa DePalo, U.S. Immigration Naturalization Service; Jim Kainber, Department of Social and Health Services

HOUSE AMENDMENTS:

The prohibition against soliciting or failing to refund unearned compensation is clarified.

Any violation of the act constitutes a gross misdemeanor.  There is no longer a class C felony penalty for certain violations.

Several technical amendments are made to delete unnecessary language and to correct an erroneous word.