Senate Bill S7218A

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7218--A

                            I N  S E N A T E

                             March 24, 2010
                               ___________

Introduced  by  Sens.  DIAZ, PERALTA, STAVISKY -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend the general business law, in relation to implementing
  the immigrant assistance service enforcement act

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. This act shall be known and may be cited as the "immigrant
assistance service enforcement act".
  S 2. Section 460-h of the general business law, as  added  by  chapter
463 of the laws of 2004, is amended to read as follows:
  S  460-h. Enforcement. Upon any violation of this article, an applica-
tion 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]  FIFTEEN
THOUSAND DOLLARS for each violation.
  S  3.  Section  460-i of the general business law, as added by chapter
463 of the laws of 2004, is amended to read as follows:
  S 460-i. Violations. Any violation of any provision  of  this  article
shall  be a class A misdemeanor, and upon conviction the court may order
as part of the sentence imposed restitution or reparation to the  victim
of  the  crime  pursuant  to  section  60.27  of  the penal law.   THREE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD16155-09-0

S. 7218--A                          2

VIOLATIONS OR MORE, OF THIS ARTICLE BY THE  SAME  INDIVIDUAL  OR  ENTITY
SHALL  BE  A  CLASS E FELONY, AND UPON CONVICTION THE COURT MAY ORDER AS
PART OF THE SENTENCE IMPOSED RESTITUTION OR REPARATION TO THE VICTIM  OF
THE CRIME PURSUANT TO SECTION 60.27 OF THE PENAL LAW.
  S  4.  The  general business law is amended by adding two new sections
460-k and 460-l to read as follows:
  S 460-K. ADDITIONAL CIVIL PENALTY FOR CONSUMER FRAUDS AGAINST USERS OF
IMMIGRANT ASSISTANCE SERVICES. 1. DEFINITION. AS USED IN  THIS  SECTION,
USERS  OF IMMIGRANT SERVICES IS DEFINED AS ANY INDIVIDUAL WHO IS SEEKING
ANY KIND OF ASSISTANCE SERVICE, LEGAL OR OTHERWISE,  FROM  AN  IMMIGRANT
ASSISTANCE  SERVICE  AS  DEFINED IN SECTION FOUR HUNDRED SIXTY-A OF THIS
ARTICLE.
  2. SUPPLEMENTAL CIVIL PENALTY. (A) IN ADDITION TO  ANY  LIABILITY  FOR
DAMAGES  OR  A  CIVIL PENALTY IMPOSED PURSUANT TO SECTIONS THREE HUNDRED
FORTY-NINE, THREE HUNDRED FIFTY-C AND  THREE  HUNDRED  FIFTY-D  OF  THIS
CHAPTER, REGARDING DECEPTIVE PRACTICES AND FALSE ADVERTISING, AND SUBDI-
VISION  TWELVE  OF  SECTION  SIXTY-THREE OF THE EXECUTIVE LAW, REGARDING
PROCEEDINGS BY THE ATTORNEY GENERAL FOR EQUITABLE RELIEF AGAINST FRAUDU-
LENT OR ILLEGAL CONSUMER FRAUD, A PERSON OR ENTITY WHO  ENGAGES  IN  ANY
CONDUCT  PROHIBITED  BY  SAID  PROVISIONS  OF  LAW, AND WHOSE CONDUCT IS
PERPETRATED AGAINST ONE OR MORE USERS OF IMMIGRANT ASSISTANCE  SERVICES,
MAY BE LIABLE FOR AN ADDITIONAL CIVIL PENALTY NOT TO EXCEED TEN THOUSAND
DOLLARS,  IF  THE FACTORS IN PARAGRAPH (B) OF THIS SUBDIVISION ARE PRES-
ENT.
  (B) IN DETERMINING WHETHER TO  IMPOSE  A  SUPPLEMENTAL  CIVIL  PENALTY
PURSUANT  TO  PARAGRAPH  (A)  OF THIS SUBDIVISION, AND THE AMOUNT OF ANY
SUCH PENALTY, THE COURT SHALL CONSIDER, IN ADDITION TO OTHER APPROPRIATE
FACTORS, THE EXTENT TO WHICH THE FOLLOWING FACTORS ARE PRESENT:
  (1) WHETHER THE  DEFENDANT  KNEW  THAT  THE  DEFENDANT'S  CONDUCT  WAS
DIRECTED TO ONE OR MORE USERS OF IMMIGRANT ASSISTANCE SERVICES OR WHETH-
ER  THE  DEFENDANT'S CONDUCT WAS IN WILLFUL DISREGARD OF THE RIGHTS OF A
USER OF IMMIGRANT ASSISTANCE SERVICES;
  (2) WHETHER THE DEFENDANT'S CONDUCT: (A) CAUSED A  USER  OF  IMMIGRANT
ASSISTANCE  SERVICES  TO  SUFFER  LOSS OR ENCUMBRANCE OF A PRIMARY RESI-
DENCE, LOSS OF EMPLOYMENT OR SOURCE OF INCOME, SUBSTANTIAL LOSS OF PROP-
ERTY OR ASSETS ESSENTIAL TO THE HEALTH OR WELFARE OF THE USER  OF  IMMI-
GRANT ASSISTANCE SERVICES; OR (B) WHETHER ONE OR MORE USERS OF IMMIGRANT
ASSISTANCE  SERVICES  WERE  SUBSTANTIALLY MORE VULNERABLE TO THE DEFEND-
ANT'S CONDUCT BECAUSE OF LANGUAGE BARRIERS, IMPAIRED  UNDERSTANDING,  OR
ANY  OTHER  PERCEIVED  DISADVANTAGE,  AND  ACTUALLY SUFFERED PHYSICAL OR
ECONOMIC DAMAGE RESULTING FROM THE DEFENDANT'S CONDUCT.
  3. THERE IS HEREBY ESTABLISHED IN THE STATE TREASURY A SPECIAL FUND TO
BE KNOWN AS THE IMMIGRANT ASSISTANCE SERVICE STABILITY FUND, WHICH SHALL
CONSIST OF AND INTO WHICH SHALL BE PAID  FIFTY  PERCENT  OF  ALL  MONEYS
DERIVED  FROM  SUPPLEMENTAL  CIVIL  PENALTIES  IMPOSED  PURSUANT TO THIS
SECTION.  THE MONEYS IN SUCH FUND SHALL BE ADMINISTERED BY  THE  DEPART-
MENT  OF  LAW  AND SHALL BE EXPENDED SOLELY FOR THE INVESTIGATION OF AND
PROSECUTION OF CONSUMER FRAUDS AGAINST  USERS  OF  IMMIGRANT  ASSISTANCE
SERVICES.  THE  MONEYS  IN  THE  FUND SHALL BE PAID OUT ON THE AUDIT AND
WARRANT OF THE COMPTROLLER ON VOUCHERS  CERTIFIED  OR  APPROVED  BY  THE
ATTORNEY  GENERAL.    NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE
CONTRARY, ANY BALANCE IN SAID FUND ON MARCH THIRTY-FIRST OF  ANY  FISCAL
YEAR SHALL NOT REVERT TO THE GENERAL FUND OF THE STATE.
  4.  RESTITUTION  ORDERED  PURSUANT  TO THE PROVISIONS OF LAW LISTED IN
SUBDIVISION TWO OF THIS SECTION SHALL BE GIVEN PRIORITY OVER THE IMPOSI-
TION OF CIVIL PENALTIES DESIGNATED BY THE COURT UNDER THIS SECTION.

S. 7218--A                          3

  S 460-L. REQUIREMENTS FOR REGISTRATION OF IMMIGRANT ASSISTANCE SERVICE
PROVIDERS.  1. ANY PERSON, FIRM OR CORPORATION SEEKING A CERTIFICATE  OF
REGISTRATION  AS  AN  IMMIGRATION ASSISTANCE SERVICE PROVIDER SHALL FILE
WITH THE DEPARTMENT AN APPLICATION FOR REGISTRATION  IN  SUCH  FORM  AND
DETAIL AS THE DEPARTMENT SHALL PRESCRIBE, INCLUDING THE FOLLOWING:
  (A) THE NAME AND RESIDENCE ADDRESS OF THE APPLICANT;
  (B) THE BUSINESS NAME, IF OTHER THAN APPLICANT;
  (C)  THE  PLACE,  INCLUDING THE CITY, TOWN OR VILLAGE, WITH THE STREET
AND NUMBER, WHERE THE BUSINESS IS TO BE LOCATED;
  (D) THE BUSINESS TELEPHONE OF THE APPLICANT;
  (E) THE LENGTH OF TIME THAT THE  APPLICANT  HAS  BEEN  AN  IMMIGRATION
ASSISTANCE SERVICE PROVIDER;
  (F) A STATEMENT INDICATING WHETHER THE APPLICANT HAS:
  (I)  BEEN  CONVICTED  OF  ANY CRIME OR IS A DEBTOR ON ANY UNPAID CIVIL
JUDGMENT RELATING TO WORK AS AN IMMIGRATION ASSISTANCE SERVICE PROVIDER;
AND
  (II) AT ANY TIME IN THE PAST BEEN ISSUED A  REGISTRATION  PURSUANT  TO
THIS  SECTION,  AND IF SO, WHETHER SUCH REGISTRATION WAS EVER REVOKED OR
SUSPENDED;
  (G) SATISFACTORY EVIDENCE OF GOOD MORAL CHARACTER; AND
  (H) A SWORN STATEMENT BY THE APPLICANT THAT THE INFORMATION SET  FORTH
IN THE APPLICATION IS CURRENT AND ACCURATE.
  2. IN DETERMINING WHETHER TO ISSUE OR RENEW A REGISTRATION, THE SECRE-
TARY  OF  STATE  MAY CONSIDER THE CHARACTER, COMPETENCY AND INTEGRITY OF
THE APPLICANT.
  3. THE SECRETARY OF STATE MAY REFUSE TO ISSUE A  REGISTRATION  TO  ANY
PERSON,  FIRM  OR CORPORATION WHOM HE OR SHE FINDS HAS BEEN CONVICTED OF
ANY CRIME, OR FAILED TO PAY ANY FINAL CIVIL JUDGMENT, RELATING  TO  WORK
AS  AN IMMIGRATION ASSISTANCE SERVICE PROVIDER, IF SUCH REFUSAL WILL, IN
THE JUDGMENT OF THE SECRETARY OF STATE, BEST PROMOTE  THE  INTERESTS  OF
THE PEOPLE OF THIS STATE.
  4.  (A)  A REGISTRATION ISSUED OR RENEWED UNDER THE PROVISIONS OF THIS
SECTION SHALL ENTITLE A  PERSON  TO  ACT  AS  A  REGISTERED  IMMIGRATION
ASSISTANCE SERVICE PROVIDER IN THE STATE OF NEW YORK FOR A PERIOD OF TWO
YEARS  FROM  THE  EFFECTIVE  DATE  OF THE REGISTRATION. ANY REGISTRATION
GRANTED UNDER THIS SECTION MAY BE RENEWED BY THE DEPARTMENT UPON  APPLI-
CATION AND PAYMENT OF THE FEE FOR SUCH RENEWAL BY THE HOLDER THEREOF, IN
SUCH FORM AS THE DEPARTMENT MAY PRESCRIBE.
  (B)  THE  SECRETARY  OF STATE SHALL HAVE THE AUTHORITY TO ASSIGN STAG-
GERED EXPIRATION DATES FOR REGISTRATIONS AT THE TIME OF RENEWAL. IF  THE
ASSIGNED  DATE  RESULTS  IN  A TERM THAT EXCEEDS TWENTY-FOUR MONTHS, THE
APPLICANT SHALL PAY AN ADDITIONAL PRO-RATED ADJUSTMENT TOGETHER WITH THE
REGULAR RENEWAL FEE.
  (C) THE SECRETARY OF STATE SHALL  ISSUE  EACH  IMMIGRATION  ASSISTANCE
SERVICE PROVIDER A UNIQUE REGISTRATION NUMBER.
  5. (A) EACH ORIGINAL APPLICATION OR APPLICATION FOR RENEWAL FOR REGIS-
TRATION  AS AN IMMIGRATION ASSISTANCE SERVICE PROVIDER SHALL BE ACCOMPA-
NIED BY A FEE OF FIFTY DOLLARS FOR EACH BIENNIAL REGISTRATION PERIOD.
  (B) NOTICE IN WRITING IN THE MANNER AND FORM PRESCRIBED BY THE DEPART-
MENT SHALL BE GIVEN TO THE DEPARTMENT AT ITS OFFICES  IN  ALBANY  WITHIN
TEN DAYS OF CHANGES OF NAME OR ADDRESS BY REGISTERED IMMIGRATION ASSIST-
ANCE  SERVICE  PROVIDERS.    THE  FEE  FOR FILING EACH CHANGE OF NAME OR
ADDRESS NOTICE SHALL BE TEN DOLLARS.
  (C) IN THE CASE OF LOSS, DESTRUCTION OR DAMAGE,  THE  DEPARTMENT  MAY,
UPON  SUBMISSION  OF A REQUEST IN SUCH FORM AND MANNER AS THE DEPARTMENT

S. 7218--A                          4

MAY PRESCRIBE, ISSUE A DUPLICATE REGISTRATION UPON PAYMENT OF A  FEE  OF
TEN DOLLARS.
  6. THE FEES ESTABLISHED  BY THIS SECTION SHALL NOT BE REFUNDABLE.
  7.  EACH IMMIGRATION ASSISTANCE SERVICE PROVIDER ENGAGED IN SUCH BUSI-
NESS SHALL EXHIBIT HIS OR HER CERTIFICATE UPON THE REQUEST OF ANY INTER-
ESTED PARTY.
  8. NO PERSON, FIRM OR CORPORATION SHALL:
  (A) PRESENT, OR ATTEMPT TO PRESENT, AS HIS, HER OR ITS OWN, THE REGIS-
TRATION OF ANOTHER;
  (B) KNOWINGLY GIVE FALSE EVIDENCE OF A MATERIAL NATURE TO THE  DEPART-
MENT FOR THE PURPOSE OF PROCURING A REGISTRATION;
  (C)  FALSELY  REPRESENT  THEMSELVES  TO  BE  A  REGISTERED IMMIGRATION
ASSISTANCE SERVICE PROVIDER;
  (D) USE OR ATTEMPT TO USE A REGISTRATION WHICH HAS EXPIRED;
  (E) OFFER TO PERFORM OR PERFORM  ANY  IMMIGRATION  ASSISTANCE  SERVICE
WITHOUT HAVING A CURRENT REGISTRATION AS IS REQUIRED UNDER THIS SECTION;
OR
  (F)  REPRESENT IN ANY MANNER THAT HIS, HER OR ITS REGISTRATION CONSTI-
TUTES AN ENDORSEMENT OF THE QUALITY OF  SERVICE  OR  COMPETENCY  OF  THE
PROVIDER.
  9.  REGISTRATIONS  ISSUED  TO IMMIGRATION ASSISTANCE SERVICE PROVIDERS
SHALL NOT BE TRANSFERABLE OR ASSIGNABLE.
  10. (A) THE SECRETARY OF STATE SHALL PROMULGATE SUCH RULES  AND  REGU-
LATIONS AS ARE DEEMED NECESSARY TO EFFECTUATE THE PURPOSES OF THIS ARTI-
CLE,  AND  SHALL  PROVIDE WRITTEN NOTIFICATION OF THE PROVISIONS OF THIS
ARTICLE TO  ALL  IMMIGRATION  ASSISTANCE  SERVICE  PROVIDERS  REGISTERED
PURSUANT TO THIS ARTICLE.
  (B)  THE  SECRETARY  OF  STATE  SHALL  HAVE  THE  POWER TO ENFORCE THE
PROVISIONS OF THIS ARTICLE AND UPON COMPLAINT OF ANY PERSON, OR UPON THE
SECRETARY'S INITIATIVE, TO  INVESTIGATE  ANY  VIOLATION  THEREOF  OR  TO
INVESTIGATE THE BUSINESS, BUSINESS PRACTICES AND BUSINESS METHODS OF ANY
PERSON,  FIRM,  LIMITED  LIABILITY  COMPANY,  PARTNERSHIP OR CORPORATION
APPLYING FOR OR HOLDING A  REGISTRATION  AS  AN  IMMIGRATION  ASSISTANCE
SERVICE  PROVIDER,  IF  IN  THE  OPINION  OF THE SECRETARY OF STATE SUCH
INVESTIGATION IS WARRANTED. EACH SUCH APPLICANT OR REGISTRANT  SHALL  BE
OBLIGED,  ON  REQUEST OF THE SECRETARY OF STATE, TO SUPPLY SUCH INFORMA-
TION, BOOKS, PAPERS OR RECORDS AS MAY BE REQUIRED CONCERNING HIS, HER OR
ITS BUSINESS, BUSINESS PRACTICES OR BUSINESS METHODS, OR PROPOSED  BUSI-
NESS  PRACTICES  OR  METHODS. FAILURE TO COMPLY WITH A LAWFUL REQUEST OF
THE SECRETARY SHALL BE A GROUND FOR DENYING AN APPLICATION FOR A  REGIS-
TRATION, OR FOR REVOKING, SUSPENDING, OR FAILING TO RENEW A REGISTRATION
ISSUED UNDER THIS ARTICLE.
  (C)  THE  DEPARTMENT  SHALL  HAVE  THE  POWER TO REVOKE OR SUSPEND ANY
REGISTRATION, OR IN LIEU THEREOF TO IMPOSE  A  FINE  NOT  EXCEEDING  ONE
THOUSAND  DOLLARS PAYABLE TO THE DEPARTMENT, OR REPRIMAND ANY REGISTRANT
OR DENY AN APPLICATION FOR A REGISTRATION OR RENEWAL THEREOF UPON PROOF:
  (I)  THAT  THE  APPLICANT  OR  REGISTRANT  HAS  VIOLATED  ANY  OF  THE
PROVISIONS  OF  THIS  ARTICLE  OR  THE RULES AND REGULATIONS PROMULGATED
PURSUANT TO THIS ARTICLE;
  (II) THAT THE APPLICANT OR REGISTRANT HAS PRACTICED FRAUD,  DECEIT  OR
MISREPRESENTATION;
  (III)  THAT  THE APPLICANT OR REGISTRANT HAS MADE A MATERIAL MISSTATE-
MENT IN THE APPLICATION FOR OR RENEWAL OF HIS OR HER REGISTRATION;
  (IV) THAT THE APPLICANT OR REGISTRANT HAS DEMONSTRATED INCOMPETENCE OR
UNTRUSTWORTHINESS IN HIS OR HER ACTIONS.

S. 7218--A                          5

  11. THE DEPARTMENT SHALL, BEFORE DENYING AN APPLICATION FOR  A  REGIS-
TRATION  OR  BEFORE REVOKING OR SUSPENDING ANY REGISTRATION, OR IMPOSING
ANY FINE OR REPRIMAND, AND AT LEAST FIFTEEN DAYS PRIOR TO THE  DATE  SET
FOR  THE  HEARING,  AND  UPON DUE NOTICE TO THE COMPLAINANT OR OBJECTOR,
NOTIFY  IN WRITING THE APPLICANT FOR, OR THE HOLDER OF SUCH REGISTRATION
OF ANY CHARGE MADE AND SHALL AFFORD  SUCH  APPLICANT  OR  REGISTRANT  AN
OPPORTUNITY  TO  BE  HEARD IN PERSON OR BY COUNSEL IN REFERENCE THERETO.
SUCH WRITTEN NOTICE MAY BE SERVED BY DELIVERY OF SAME PERSONALLY TO  THE
APPLICANT  OR REGISTRANT, OR BY MAILING SAME BY CERTIFIED OR FIRST CLASS
MAIL TO THE LAST KNOWN BUSINESS ADDRESS OF SUCH APPLICANT OR REGISTRANT.
SUCH HEARING SHALL BE SCHEDULED WITHIN SIXTY  DAYS  OF  RECEIPT  OF  THE
COMPLAINT.
  12. THE HEARING ON SUCH CHARGES SHALL BE AT SUCH TIME AND PLACE AS THE
DEPARTMENT  SHALL  PRESCRIBE  AND  SHALL BE CONDUCTED BY SUCH OFFICER OR
PERSON IN THE DEPARTMENT AS THE SECRETARY OF STATE  MAY  DESIGNATE,  WHO
SHALL  HAVE THE POWER TO SUBPOENA AND BRING BEFORE THE OFFICER OR PERSON
SO DESIGNATED ANY PERSON IN THIS STATE, AND ADMINISTER AN  OATH  TO  AND
TAKE TESTIMONY OF ANY PERSON OR CAUSE HIS OR HER DEPOSITION TO BE TAKEN.
A  SUBPOENA  ISSUED  UNDER  THIS SECTION SHALL BE REGULATED BY THE CIVIL
PRACTICE LAW AND RULES. SUCH OFFICER OR PERSON IN THE DEPARTMENT  DESIG-
NATED  TO TAKE SUCH TESTIMONY SHALL NOT BE BOUND BY COMMON LAW OR STATU-
TORY RULES OF EVIDENCE OR BY TECHNICAL OR FORMAL RULES OF PROCEDURE.
  13. IN THE EVENT THAT THE DEPARTMENT SHALL DENY THE  APPLICATION  FOR,
OR REVOKE OR SUSPEND ANY SUCH REGISTRATION, OR IMPOSE ANY FINE OR REPRI-
MAND,  ITS DETERMINATION SHALL BE IN WRITING AND OFFICIALLY SIGNED.  THE
ORIGINAL OF SUCH DETERMINATIONS, WHEN SO SIGNED, SHALL BE FILED  IN  THE
OFFICE  OF  THE  DEPARTMENT  AND  COPIES  THEREOF SHALL BE MAILED TO THE
APPLICANT OR REGISTRANT AND TO THE COMPLAINANT  WITHIN  TWO  DAYS  AFTER
SUCH FILING.
  14.  THE  DEPARTMENT,  ACTING  BY  THE  OFFICE OR PERSON DESIGNATED TO
CONDUCT THE HEARING PURSUANT TO SUBDIVISION FOURTEEN OF THIS SECTION  OR
BY  SUCH  OTHER  OFFICER OR PERSON IN THE DEPARTMENT AS THE SECRETARY OF
STATE MAY DESIGNATE, SHALL HAVE THE POWER TO SUSPEND THE REGISTRATION OF
ANY REGISTRANT WHO HAS BEEN CONVICTED IN THIS STATE OR ANY  OTHER  STATE
OR  TERRITORY OF A FELONY OR OF ANY MISDEMEANOR FOR A PERIOD NOT EXCEED-
ING THIRTY DAYS PENDING A HEARING AND A DETERMINATION  OF  CHARGES  MADE
AGAINST  HIM  OR HER. IF SUCH HEARING IS ADJOURNED AT THE REQUEST OF THE
REGISTRANT, OR BY REASON OF ANY ACT OR OMISSION BY HIM OR HER OR ON  HIS
OR HER BEHALF, SUCH SUSPENSION MAY BE CONTINUED FOR THE ADDITIONAL PERI-
OD OF SUCH ADJOURNMENT.
  15.  THE  ACTION OF THE DEPARTMENT IN GRANTING OR REFUSING TO GRANT OR
TO RENEW A REGISTRATION UNDER THIS ARTICLE OR IN REVOKING OR  SUSPENDING
OR  REFUSING  TO  REVOKE  OR SUSPEND SUCH A REGISTRATION OR IMPOSING ANY
FINE OR REPRIMAND SHALL BE SUBJECT TO REVIEW BY A PROCEEDING  INSTITUTED
UNDER  ARTICLE  SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES AT THE
INSTANCE OF THE APPLICANT FOR SUCH REGISTRATION, THE HOLDER OF A  REGIS-
TRATION  SO  REVOKED,  SUSPENDED,  FINED  OR  REPRIMANDED  OR THE PERSON
AGGRIEVED.
  16. (A) ANY PERSON, FIRM OR CORPORATION  THAT  OPERATES  AS  AN  IMMI-
GRATION  ASSISTANCE  SERVICE  PROVIDER WITHOUT BEING REGISTERED SHALL BE
REQUIRED TO PAY A CIVIL PENALTY IN THE SUM OF ONE THOUSAND  DOLLARS  PER
CONTRACT  ENTERED  INTO IN VIOLATION OF THIS SECTION.  HOWEVER, ANY SUCH
PERSON, FIRM OR CORPORATION AGAINST WHOM SUCH PENALTY HAS BEEN  ASSESSED
MAY  AVOID  ALL  BUT FIVE HUNDRED DOLLARS OF SUCH PENALTY BY OBTAINING A
REGISTRATION AS REQUIRED BY THIS SECTION, PROVIDED THAT APPLICATION  FOR
SUCH REGISTRATION IS MADE NOT MORE THAN TEN DAYS AFTER THE IMPOSITION OF

S. 7218--A                          6

SUCH  PENALTY  AND THE IMMIGRATION ASSISTANCE SERVICE PROVIDER HAS NEVER
RECEIVED A PRIOR FINE FOR FAILURE TO REGISTER IN  NEW  YORK  OR  IN  ANY
OTHER STATE THAT REQUIRES REGISTRATION.
  (B)  AN  IMMIGRATION  ASSISTANCE  SERVICE  PROVIDER MAY NOT MAINTAIN A
CIVIL ACTION TO RECOVER PAYMENT FOR WORK  UNDER  IMMIGRATION  ASSISTANCE
SERVICE PROVIDER CONTRACT PERFORMED IF SUCH CONTRACTOR IS NOT REGISTERED
AS REQUIRED UNDER THIS SECTION.
  17.  ALL  OF  THIS  INFORMATION EXCEPT THE PROVIDER'S HOME ADDRESS AND
TELEPHONE NUMBER SHALL BE AVAILABLE TO THE PUBLIC ON THE  DEPARTMENT  OF
STATE'S  WEBSITE. THE DEPARTMENT SHALL ENSURE THAT A CONSUMER IS ABLE TO
VERIFY THIS INFORMATION BY CALLING THE DEPARTMENT OF  STATE'S  TOLL-FREE
PHONE NUMBER.
  18.  THE DEPARTMENT OF STATE SHALL MAKE PUBLIC ON ITS WEBSITE AND KEEP
UPDATED AT LEAST ANNUALLY, OR 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.
  S  5.  The opening paragraph and subdivision 8 of section 460-b of the
general business law, as added by chapter 463 of the laws of  2004,  are
amended to read as follows:
  NO IMMIGRATION SERVICE SHALL BE PROVIDED, UNDER PENALTY OF LAW, UNLESS
THAT SERVICE PROVIDER HAS REGISTERED EITHER BY MAIL, OR ONLINE, WITH THE
DEPARTMENT  OF  STATE. No immigrant assistance service shall be provided
until the customer has executed a written contract with the provider who
will provide such services. The contract shall be in a  language  under-
stood  by the customer, either alone or with the assistance of an avail-
able interpreter, and, if that  language  is  not  English,  an  English
language  version  of  the contract must also be provided. A copy of the
contract shall be provided to the customer upon the customer's execution
of the contract. The customer has the right to cancel the contract with-
in three business days after his or her execution of the contract, with-
out fee or penalty. The right to cancel the contract within  three  days
without  payment of any fee may be waived when services must be provided
immediately to avoid a forfeiture of eligibility or other loss of rights
or privileges, and the customer furnishes the provider with  a  separate
dated  and  signed  statement,  by  the customer or his or her represen-
tative, describing the need for services to  be  provided  within  three
days  and  expressly  acknowledging  and waiving the right to cancel the
contract within three days. The contract may be cancelled  at  any  time
after execution. If the contract is cancelled after three days, or with-
in  three  days  if the right to cancel without fee has been waived, the
provider may retain fees  for  services  rendered,  and  any  additional
amounts  actually  expended on behalf of the customer. All other amounts
must be returned to the customer within fifteen days after cancellation.
The written contract shall be in plain  language,  in  at  least  twelve
point type and shall include the following:
  8.  The  statement:  "The individual providing assistance to you under
this contract is not an attorney licensed to practice law or  accredited
by  the  board  of  immigration appeals to provide representation to you
before the bureau of citizenship and immigration services,  the  depart-
ment  of labor[, the department of state] or any immigration authorities
and may not give legal advice or accept fees for legal advice".
  S 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law.