HOUSE BILL REPORT

ESB 5715

As Amended by the House

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

Regulating the business of immigration consulting.

House Committe on Commerce & Labor

Majority Report:  Do pass with amendments.  (11)

      Signed by Representatives Vekich, Chair; Cole, Vice Chair; Patrick, Ranking Republican Member; Jones, R. King, Leonard, O'Brien, Prentice, Smith, Walker and Wolfe.

House Staff:Joan Elgee (786-7166)

AS PASSED HOUSE APRIL 4, 1989

BACKGROUND:

Recent changes in federal immigration law have caused a dramatic increase in the number of persons who are applying for U.S. citizenship. This development has resulted in a proliferation of "immigration consultants" who provide assistance on immigration matters for a fee.

SUMMARY:

The Immigration Assistant Practice Act is adopted.

Immigration assistants must register with the Secretary of State. Attorneys, legal interns, paralegals, nonprofit corporations, and law school clinics are exempt.

Immigration assistants may only perform the following services: transcribe responses by a customer to government forms, translate responses, secure documents, and make referrals to attorneys. Immigration assistants are prohibited from giving legal advice. Before providing any assistance, an immigration assistant must provide the customer with a written contract, in both English and the language of the customer, containing specified provisions.  A customer has the right to rescind a contract within 72 hours of signing and is entitled to the return of any documents. Immigration assistants are prohibited from using the terms "notary public,"  "immigration consultant,"  or other titles that could cause a customer to believe the immigration consultant possesses special professional skills.  Other prohibited practices are also specified.

A violation of the provisions constitutes a consumer protection act violation and a gross misdemeanor.

Fiscal Note:      Available.

Effective Date:The bill contains an emergency clause and takes effect July 1, 1989.

House Committee ‑ Testified For:    Jim Kainber, Department of Social and Health Services, Immigration Assistance; Hector Gonzalez, Commission on Hispanic Affairs; and Mike Grant, Office of the Attorney General.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The growing number of immigration petitions has created a boom- market for so called "immigration consultants."  These persons may use misleading tactics, such as calling themselves "notary publics," a term meaning "lawyer" in other countries.  Persons using immigration consultants are often very vulnerable.  This consumer protection bill provides some parameters within which immigration consultants must act.

House Committee - Testimony Against:      None Presented.