1.1                          A bill for an act 
  1.2             relating to consumer protection; restricting the 
  1.3             provision of immigration services; regulating notaries 
  1.4             public; providing penalties; proposing coding for new 
  1.5             law in Minnesota Statutes, chapters 325E; and 359. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [325E.031] [IMMIGRATION SERVICES.] 
  1.8      Subdivision 1.  [DEFINITIONS.] (a) For the purpose of this 
  1.9   section, the terms in this subdivision have the meanings given. 
  1.10     (b) "Immigration matter" means any proceeding, filing, or 
  1.11  action affecting the nonimmigrant, immigrant, or citizenship 
  1.12  status of any person that arises under immigration and 
  1.13  naturalization law, executive order, or presidential 
  1.14  proclamation of the United States or any foreign country, or 
  1.15  that arises under action of the United States Immigration and 
  1.16  Naturalization Service, the United States Department of Labor, 
  1.17  or the United States Department of State. 
  1.18     (c) "Immigration assistance service" means any advice, 
  1.19  guidance, information, or action provided or offered to 
  1.20  customers or prospective customers relating to any immigration 
  1.21  matter and for which a fee is charged. 
  1.22     Subd. 2.  [NOTICE.] (a) Any person who provides or offers 
  1.23  immigration assistance services in this state shall post a 
  1.24  notice at that person's place of business, setting forth 
  1.25  information in English and in every other language in which the 
  2.1   person provides or offers to provide immigration assistance 
  2.2   services.  Each language must be on a separate sign and posted 
  2.3   in a location visible to customers.  Each sign must be at least 
  2.4   11 inches by 17 inches and must contain the following statements:
  2.5      (1) "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY 
  2.6   NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." 
  2.7      (2) "I AM NOT ACCREDITED TO REPRESENT YOU BEFORE THE UNITED 
  2.8   STATES IMMIGRATION AND NATURALIZATION SERVICE AND THE 
  2.9   IMMIGRATION BOARD OF APPEALS." 
  2.10     (b) Any person who advertises immigration assistance 
  2.11  services in a language other than English, whether by radio, 
  2.12  television, signs, pamphlets, newspapers, or other written 
  2.13  communication, with the exception of a single desk plaque, shall 
  2.14  post or otherwise include with the advertisement a notice in 
  2.15  English and the language in which the advertisement appears that 
  2.16  contains the language in paragraph (a), clause (1). 
  2.17     Subd. 3.  [PROHIBITED ACTIVITIES.] Any person who provides 
  2.18  or offers to provide immigration assistance services may not do 
  2.19  any of the following: 
  2.20     (1) give any legal advice concerning an immigration matter 
  2.21  or perform an act constituting the practice of immigration law 
  2.22  as defined in Code of Federal Regulations, title 8, section 1.1 
  2.23  (i), (j), (k), or (m); 
  2.24     (2) represent, hold out or advertise, in connection with 
  2.25  the provision of assistance in immigration matters, other titles 
  2.26  or credentials in any language, including, but not limited to, 
  2.27  "notary public" or "immigration consultant," that could cause a 
  2.28  customer to believe that the person possesses special 
  2.29  professional skills or is authorized to provide advice on an 
  2.30  immigration matter; 
  2.31     (3) make any misrepresentation or false statement, directly 
  2.32  or indirectly, to influence, persuade, or induce patronage; 
  2.33     (4) retain any compensation for service not performed; or 
  2.34     (5) refuse to return documents supplied by, prepared on 
  2.35  behalf of, or paid for by the customer upon the request of the 
  2.36  customer even if subject to a fee dispute. 
  3.1      Subd. 4.  [WRITTEN CONTRACT.] Except as otherwise provided 
  3.2   in this section, before providing an immigration assistance 
  3.3   service a person shall provide the customer with a written 
  3.4   contract that includes the following: 
  3.5      (1) an explanation of the services to be performed; 
  3.6      (2) identification of all compensation and costs to be 
  3.7   charged to the customer for the services to be performed; and 
  3.8      (3) a statement that documents submitted in support of an 
  3.9   application for nonimmigrant, immigrant, or naturalization 
  3.10  status may not be retained by the person for any purpose, 
  3.11  including payment of compensation or costs. 
  3.12     The written contract must be in both English and in the 
  3.13  language of the customer.  A copy of the contract must be 
  3.14  provided to the customer upon the customer's execution of the 
  3.15  contract.  A customer has the right to rescind a contract within 
  3.16  72 hours after signing the contract.  Any documents prepared on 
  3.17  behalf of, or paid for by the customer, must be returned upon 
  3.18  demand of the customer. 
  3.19     This subdivision does not apply to a not-for-profit 
  3.20  organization that provides advice or assistance in immigration 
  3.21  matters to clients without charge beyond a reasonable fee to 
  3.22  reimburse the organization's or clinic's reasonable costs 
  3.23  relating to providing immigration services to that client. 
  3.24     Subd. 5.  [EXEMPTIONS.] This section does not apply to: 
  3.25     (1) an attorney licensed to practice law in any state or 
  3.26  territory of the United States, or in any foreign country when 
  3.27  authorized by the Minnesota supreme court, to the extent the 
  3.28  attorney renders immigration assistance service in the course of 
  3.29  practicing as an attorney; 
  3.30     (2) a nonlawyer assistant, as described by the rules of the 
  3.31  Minnesota supreme court, employed by and under the direct 
  3.32  supervision of a licensed attorney and rendering immigration 
  3.33  assistance service in the course of the assistant's employment; 
  3.34     (3) a not-for-profit organization recognized by the Board 
  3.35  of Immigration Appeals under Code of Federal Regulations, title 
  3.36  8, section 292.2(a), and employees of those organizations 
  4.1   accredited under Code of Federal Regulations, title 8, section 
  4.2   292.2(d), and designated entities as defined under Code of 
  4.3   Federal Regulations, title 8, section 245a.1; and 
  4.4      (4) an organization employing or desiring to employ an 
  4.5   alien or nonimmigrant alien, where the organization, its 
  4.6   employees or its agents provide advice or assistance in 
  4.7   immigration matters to alien or nonimmigrant alien employees or 
  4.8   potential employees without compensation from the individuals to 
  4.9   whom the advice or assistance is provided. 
  4.10     Subd. 6.  [PENALTY AND REMEDIES.] A person who violates 
  4.11  this section is guilty of a misdemeanor.  The penalties and 
  4.12  remedies of section 8.31 apply to violations of this section, 
  4.13  including a private cause of action. 
  4.14     Sec. 2.  [359.062] [NOTICE; LANGUAGES OTHER THAN ENGLISH.] 
  4.15     (a) A notary public who is not an attorney who advertises 
  4.16  the services of a notary public in a language other than 
  4.17  English, whether by radio, television, signs, pamphlets, 
  4.18  newspapers, or other written communication, with the exception 
  4.19  of a single desk plaque, shall post or otherwise include with 
  4.20  the advertisement a notice in English and the language in which 
  4.21  the advertisement appears.  This notice must be of a conspicuous 
  4.22  size, if in writing, and must state:  "I AM NOT AN ATTORNEY 
  4.23  LICENSED TO PRACTICE LAW IN MINNESOTA AND MAY NOT GIVE LEGAL 
  4.24  ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."  If the advertisement 
  4.25  is by radio or television, the statement may be modified but 
  4.26  must include substantially the same message. 
  4.27     (b) A notary public who violates this section is guilty of 
  4.28  a misdemeanor.