SB3197 SD1

THE SENATE	S.B. NO.	3197
TWENTY-FOURTH LEGISLATURE, 2008		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO IMMIGRATION CONSULTANTS.

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

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter under title 25 to be appropriately designated and to read as follows:

"CHAPTER

IMMIGRATION CONSULTANTS

§ -1 Declaration of policy. It is the policy of the State to prohibit persons who have no training or experience in immigration law from rendering advice on an immigration issue or preparing immigration documents in exchange for consideration. These acts have resulted in serious and oftentimes irreversible prejudice to thousand of residents who seek to apply for or depend on immigration benefits.

§ -2 Prohibited acts. It shall be unlawful for any person, in exchange for, or in consideration of money, services, or other valuable consideration to:

(1) Give or render any opinion or advice on any immigration problem or issue; or

(2) Prepare, draft, write, make, or fill-in any immigration related form, document, or paper.

§ -3 Persons not covered. This chapter shall not apply to any of the following persons:

(1) Any person who is duly licensed to practice law in any state of the United States or the District of Columbia and who is in good standing;

(2) Any officer or employee of the United States Citizenship and Immigration Services;

(3) Any person who is accredited by the Board of Immigration Appeals; and

(4) Any paralegal or other employee of any attorney who is duly licensed to practice law in any state or the District of Columbia, who prepares, drafts, writes, makes, or fills-in any immigration related form, document, or paper; provided that:

(A) The paralegal or other employee works under the direct supervision of the attorney; and

(B) The attorney makes a certification duly signed at the end of the immigration form, document, or paper, or attachment thereto, as follows:

"I certify that the within or attached document has been prepared under my direct supervision and that I have read and reviewed the same."

§ -4 Penalty. (a) Any person who commits any prohibited act under this chapter shall be guilty of a misdemeanor and subject to a fine of not less than $50 or more than $1,000 for each violation.

(b) The department of commerce and consumer affairs may seek all legal and equitable remedies available to it for the enforcement of the provisions of this chapter, including seeking injunctive relief."

SECTION 2. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 3. This Act shall take effect upon its approval.