S T A T E O F N E W Y O R K
________________________________________________________________________
2283
2009-2010 Regular Sessions
I N S E N A T E
February 17, 2009
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Introduced by Sens. PARKER, HASSELL-THOMPSON, KRUEGER, ONORATO, SCHNEID-
ERMAN -- read twice and ordered printed, and when printed to be
committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to immigration
providers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
460-k to read as follows:
S 460-K. LICENSES. 1. THE DEPARTMENT OF STATE SHALL ISSUE LICENSES TO
IMMIGRATION PROVIDERS AND, UPON APPLICATION, TO ISSUE RENEWAL LICENSES
EVERY TWO YEARS. THE SECRETARY OF STATE SHALL ENFORCE THE PROVISIONS OF
THIS ARTICLE GOVERNING THE FILING AND MAINTENANCE OF SURETY BONDS AND
THE APPLICATION FOR LICENSURE AND/OR RENEWAL.
2. NO PERSON SHALL ENGAGE IN THE BUSINESS OF IMMIGRANT ASSISTANCE
SERVICE AS DEFINED IN SECTION FOUR HUNDRED SIXTY-A OF THIS ARTICLE, OR
ADVERTISE HIS OR HER BUSINESS TO BE THAT OF IMMIGRATION PROVIDER WITHOUT
HAVING FIRST OBTAINED FROM THE DEPARTMENT OF STATE A LICENSE TO DO SO,
PURSUANT TO THIS ARTICLE.
3. NO PERSON SHALL DISSEMINATE BY ANY MEANS ANY STATEMENT INDICATING
DIRECTLY OR BY IMPLICATION THAT THE PERSON ENGAGES IN THE BUSINESS OF
IMMIGRANT ASSISTANCE SERVICE AS DEFINED IN SECTION FOUR HUNDRED SIXTY-A
OF THIS ARTICLE OR ACTS IN THE CAPACITY OF AN IMMIGRATION PROVIDER, OR
PROPOSES TO ENGAGE IN THE BUSINESS OR ACT IN THE CAPACITY OF AN IMMI-
GRATION PROVIDER, UNLESS THE PERSON HAS ON FILE WITH THE SECRETARY OF
STATE A BOND AND LICENSE, IN THE AMOUNT AND SUBJECT TO THE TERMS
DESCRIBED IN SECTION FOUR HUNDRED SIXTY-G OF THIS ARTICLE.
4. ANY PERSON INTENDING TO ENGAGE, AS AN IMMIGRATION PROVIDER, IN ANY
ONE OR MORE OF THE ACTIVITIES SET FORTH IN THIS ARTICLE SHALL FILE WITH
THE DEPARTMENT OF STATE A WRITTEN APPLICATION AND DISCLOSURE, ON FORMS
PROVIDED BY THE DEPARTMENT OF STATE, CONTAINING SUCH INFORMATION AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02320-01-9
S. 2283 2
DOCUMENTATION TO BE RETAINED BY THE SECRETARY OF STATE AS THE SECRETARY
OF STATE MAY REQUIRE BY RULE AND REGULATION, INCLUDING BUT NOT LIMITED
TO: (A) NAME, DATE OF BIRTH, RESIDENCE ADDRESS, BUSINESS ADDRESS, RESI-
DENCE TELEPHONE NUMBER, AND BUSINESS TELEPHONE NUMBER; (B) EXPERIENCE
THE PROVIDER HAS HAD WITH IMMIGRATION; (C) PLACES OF BUSINESS AND
EMPLOYEES, IF ANY; (D) NAME AND ADDRESS OF THE PROVIDER'S AGENT FOR
SERVICE OF PROCESS IF ONE IS REQUIRED OR HAS BEEN APPOINTED AND, IF
APPLICABLE, THE NAME, BUSINESS ADDRESS, BUSINESS TELEPHONE AND AGENT FOR
SERVICE OF PROCESS OF THE CORPORATION OR PARTNERSHIP EMPLOYING THE IMMI-
GRATION PROVIDER; (E) A RECORD OF ANY PRIOR CONVICTIONS UNDER THIS ARTI-
CLE. THE SECRETARY OF STATE SHALL DEVELOP THE DISCLOSURE FORM REQUIRED
TO FILE AN APPLICATION AND BOND PURSUANT TO THIS SECTION AND SECTION
FOUR HUNDRED SIXTY-G OF THIS ARTICLE.
5. THE SECRETARY OF STATE SHALL CHARGE AND COLLECT A FILING FEE AT THE
TIME OF APPLICATION AND/OR RENEWAL TO COVER THE COST OF FILING THE BOND
REQUIRED BY SECTION FOUR HUNDRED SIXTY-G OF THIS ARTICLE.
6. THE DEPARTMENT OF STATE SHALL MAKE PUBLIC ON ITS WEBSITE UPDATED AT
LEAST ANNUALLY, OR SHALL MAKE AVAILABLE IN RESPONSE TO THE REQUEST OF
ANY CUSTOMER, A LIST OF PROVIDERS LICENSED AS IMMIGRATION PROVIDERS
PURSUANT TO THIS ARTICLE. EACH IMMIGRATION PROVIDER SHALL POST ITS
LICENSE AT ITS PLACE OF BUSINESS.
7. THE SECRETARY OF STATE SHALL ESTABLISH A PROCEDURE FOR FILING
COMPLAINTS AND INVESTIGATING THE COMPLAINT ON BEHALF OF AN INJURED PARTY
OR ANY OTHER PARTY WHO, UPON INFORMATION AND BELIEF, CLAIMS A VIOLATION
OF THIS ARTICLE. THE SECRETARY OF STATE SHALL INITIATE ANY INVESTIGATION
NO LATER THAN THIRTY DAYS AFTER RECEIPT OF A COMPLAINT.
8. THE DEPARTMENT OF STATE SHALL HAVE THE POWER TO REVOKE OR SUSPEND
ANY LICENSE, OR REPRIMAND ANY LICENSEE OR DENY AN APPLICATION FOR A
LICENSE OR RENEWAL UPON PROOF:
(A) THAT THE APPLICANT OR LICENSEE HAS VIOLATED ANY OF THE PROVISIONS
OF THIS ARTICLE OR THE RULES AND REGULATIONS PROMULGATED HEREUNDER;
(B) THAT THE APPLICANT OR LICENSEE HAS PRACTICED FRAUD, DECEIT OR
MISREPRESENTATION;
(C) THAT THE APPLICANT OR LICENSEE HAS MADE A MATERIAL MISSTATEMENT IN
THE APPLICATION FOR OR RENEWAL OF HIS OR HER LICENSE;
(D) THAT THE APPLICANT OR LICENSEE HAS DEMONSTRATED INCOMPETENCE OR
UNTRUSTWORTHINESS IN HIS OR HER ACTIONS.
9. ALL FEES AND OTHER MONEYS DERIVED FROM THE OPERATION OF THIS ARTI-
CLE SHALL ON THE FIFTH DAY OF EACH MONTH BE PAID BY THE DEPARTMENT OF
STATE INTO THE STATE TREASURY.
S 2. Sections 460-g and 460-h of the general business law, as added by
chapter 463 of the laws of 2004, are amended to read as follows:
S 460-g. Surety requirement. Every provider shall maintain in full
force and effect a bond, contract of indemnity, or irrevocable letter of
credit, payable to the people of the state of New York, in the principal
amount of fifty thousand dollars; provided, however, that every provider
that receives in excess of two hundred fifty thousand dollars in total
fees and other compensation for providing immigrant assistance service
during any twelve-month period shall maintain in full force and effect a
bond, contract of indemnity, or irrevocable letter of credit, payable to
the people of the state of New York, in the principal amount of twenty
percent of such total fees and compensation. Such surety shall be for
the benefit of any customer who does not receive a refund of fees from
the provider to which he or she is entitled, or is otherwise injured by
the provider. The attorney general on behalf of the customer or the
customer in his or her own name, may maintain an action against the
S. 2283 3
provider and the surety. THE SECRETARY OF STATE SHALL POST INFORMATION
ON THE DEPARTMENT OF STATE WEBSITE DEMONSTRATING THAT THE IMMIGRATION
PROVIDER IS IN COMPLIANCE WITH THE BOND AS REQUIRED BY THIS SECTION.
S 460-h. Enforcement. 1. Upon any violation of this article, an appli-
cation may be made by the attorney general in the name of the people of
the state to a court having jurisdiction to issue an injunction, and
upon notice to the respondent of not fewer than five days, to enjoin and
restrain the continuance of the violation. If it shall appear to the
satisfaction of the court or justice that the defendant has, in fact,
violated this article, an injunction may be issued by such court or
justice, enjoining and restraining any further violation, without
requiring proof that any person has, in fact, been injured or damaged
thereby. In any such proceeding, the court may make allowances to the
attorney general as provided in paragraph six of subdivision (a) of
section eighty-three hundred three of the civil practice law and rules,
and direct restitution. Whenever the court shall determine that a
violation of this article has occurred, the court may impose a civil
penalty of not more than seven thousand five hundred dollars for each
violation.
2. A PERSON CLAIMING TO BE AGGRIEVED BY ANY VIOLATION OF THIS ARTICLE
BY AN IMMIGRATION PROVIDER MAY BRING A CIVIL ACTION FOR INJUNCTIVE
RELIEF, DAMAGES OR BOTH. THE COURT SHALL GRANT A PREVAILING PLAINTIFF
REASONABLE ATTORNEYS' FEES AND COSTS. ANY RECOVERY OR PROCEEDING IN A
CIVIL ACTION SHALL NOT PRECLUDE AN ACTION BY THE ATTORNEY GENERAL OR
DISTRICT ATTORNEY TO PURSUE CRIMINAL CHARGES AGAINST AN IMMIGRATION
PROVIDER. MINIMAL RECOVERY FOR THE PLAINTIFF SHALL BE FIVE THOUSAND
DOLLARS.
S 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided, however that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized and directed to be made and completed on or
before such effective date.