March 23, 2005, Introduced by Reps. Lemmons, Jr., Lemmons, III, Tobocman, Cushingberry, Miller and Cheeks and referred to the Committee on Judiciary.
A bill to amend 2004 PA 161, entitled
"Michigan immigration clerical assistant act,"
by amending section 15 (MCL 338.3465).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 15. (1) An immigration clerical assistant shall file and
maintain in force a corporate surety or cash bond conditioned upon
the faithful and competent provision of services. The bond shall be
in a form used by the issuer and acceptable to the department. The
bond shall be in the sum of not less than $50,000.00.
(2) The bond shall be for the benefit of a person damaged by
fraud, misstatement, misrepresentation, unlawful act or omission,
or failure of the immigration clerical assistant or its agent,
representative, or employee to provide services as promised. A
person may bring an action upon the bond for damages as described
in this subsection. The aggregate liability to all injured persons
shall not exceed the sum of the bond.
(3) The surety on the bond shall have the right to cancel or
terminate the bond upon giving 30 days' written notice to the
person to whom it was issued, to the prosecuting attorney of the
county in which the immigration clerical assistant resides, and to
the
department. and after After that date
30-day time period,
the surety shall be relieved of liability for a breach of condition
occurring after the effective date of the cancellation or
termination. The failure to give a new bond within 30 days after
the notice to the department under this subsection operates as an
automatic removal of the immigration clerical assistant's placement
on the list. An action on the bond shall not be commenced after the
expiration of 1 year after the effective date of the cancellation
or termination of the bond.
(4) An immigration clerical assistant shall prominently
display in his or her place of business the name of the bond
company and the number or other identifying information regarding
the bond.