AN ACT Relating to immigration consultants; adding a new chapter to Title 19 RCW; prescribing penalties; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds and declares that consulting persons regarding immigration matters substantially affects the public interest. The practices of immigration consultants have a significant impact on the residents of the state of Washington. It is the intent of the legislature to establish rules of practice and conduct for immigration consultants to promote honesty and fair dealing with residents and to preserve public confidence.

NEW SECTION. Sec. 2. This act shall be known and cited as the "immigration consultant practices act."

NEW SECTION. Sec. 3. The following definitions apply throughout this chapter.

(1) "Immigration consultant" means every person who, for compensation or the expectation of compensation, gives nonlegal assistance or advice on an immigration matter. That assistance or advice includes, but is not limited to:

(a) Completing a government agency form related to an immigration matter but not advising a person as to their answers on those forms;

(b) Translating a person's answer to questions posed on those forms;

(d) Submitting completed forms on a person's behalf to the immigration and naturalization service;

(e) Making referrals to attorneys who could undertake legal representation for a person in an immigration matter.

(2) "Immigration matter" means any proceeding, filing, or action affecting the immigration or citizenship status of any person which arises under immigration and naturalization law, executive order or presidential proclamation, or action of the United States immigration and naturalization service, the United States department of labor, or United States department of state.

(3) "Compensation" means money, property, or anything else of value.

NEW SECTION. Sec. 4. The following persons are exempt from all provisions of this chapter:

(1) An attorney licensed to practice law in this state where such attorney renders services in the course of his or her practice as an attorney;

(2) A nonprofit corporation which helps clients without charge for immigration consulting services may request a client to pay the reasonable costs relating to providing immigration services to that client. "Reasonable costs" include, but are not limited to, the costs of photocopying, telephone calls, document requests, and the filing fees for immigration forms.

NEW SECTION. Sec. 5. Any person who wishes to engage in the business of an immigration consultant must register with the secretary of state's office and provide his or her name, business address, home address, and business and home phone numbers. Failure to register with the secretary of state prior to acting as an immigration consultant is a violation of this chapter.

NEW SECTION. Sec. 6. Immigration consultants who have registered must inform the secretary of state of any changes in their name, addresses, or phone numbers within thirty days of the change. Failure to inform the secretary of state of changes in the required time is a violation of this chapter.

NEW SECTION. Sec. 7. Immigration consultants shall only offer or provide nonlegal assistance or advice in an immigration matter as defined in section 3 of this act.

NEW SECTION. Sec. 8. Immigration consultants who agree to provide immigration assistance or advice to a client, prior to providing any service, shall provide the client with a written contract that must include the following provisions:

(1) Explanation of the services to be performed;

(2) All compensation and costs for the services to be performed;

(3) That documents submitted in support of an application for immigration or naturalization may not be retained by the consultant for any purpose, including payment of compensation or costs. Documents shall be returned upon demand by the client;

(4) A statement that the immigration consultant is not an attorney and may not perform legal services. This statement must be on the face of the contract in ten-point bold type print. The written contract must be stated in both English and in the language of the client. A copy of the written contract shall be provided to the client by the immigration consultant upon execution. The client shall have the right to rescind the contract within seventy-two hours of the signing of the contract. The right to rescind and the period for rescission must be conspicuously set forth in the contract.

NEW SECTION. Sec. 9. In the course of dealing with clients or prospective clients, an immigration consultant shall not:

(1) Make any statement that the immigration consultant can or will obtain special favors from or has special influence with the United States immigration and naturalization service;

(2) Solicit or receive any compensation which is nonrefundable;

(3) Refuse to return documents supplied by, prepared by, or paid for by the client upon the request of the client. These documents must be returned upon request even if there is a fee dispute between the immigration consultant and the client.

NEW SECTION. Sec. 10. An immigration consultant who is a notary public, in advertising his or her immigration services, shall not advertise in any manner whatsoever that he or she is also a notary public.

NEW SECTION. Sec. 11. The legislature finds and declares that any violation of this chapter substantially affects the public interest and is an unfair and deceptive act or practice and unfair method of competition in the conduct of trade or commerce as set forth in RCW 19.86.020.

NEW SECTION. Sec. 12. Any person who violates the provisions of this chapter shall be guilty of a gross misdemeanor punishable under chapter 9A.20 RCW. Any person who violates section 5 or 7 of this act shall be guilty of a class C felony under chapter 9A.20 RCW.

NEW SECTION. Sec. 13. Sections 1 through 12 of this act shall constitute a new chapter in Title 19 RCW.

NEW SECTION. Sec. 14. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 15. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect .......... , 1989.