senate Bill S6732A

Signed By Governor
2013-2014 Legislative Session

Relates to implementing the immigrant assistance service enforcement act

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Archive: Last Bill Status Via A8974 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 06, 2014 signed chap.206
Aug 01, 2014 delivered to governor
Jun 18, 2014 returned to assembly
passed senate
3rd reading cal.1593
substituted for s6732a
Jun 18, 2014 substituted by a8974b
ordered to third reading cal.1593
committee discharged and committed to rules
Jun 11, 2014 print number 6732a
amend (t) and recommit to consumer protection
Mar 04, 2014 referred to consumer protection

Votes

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Jun 18, 2014 - Rules committee Vote

S6732A
19
0
committee
19
Aye
0
Nay
5
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S6732 - Bill Details

See Assembly Version of this Bill:
A8974B
Law Section:
General Business Law
Laws Affected:
Amd Gen Bus L, generally; add §94-b, Exec L; add §§190.87 & 190.89, Pen L

S6732 - Bill Texts

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Implements the immigrant assistance service enforcement act; increases fines imposed upon those who violate laws regarding immigrant assistance services; creates the office of new Americans; and establishes crime of immigrant assistance fraud.

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BILL NUMBER:S6732

TITLE OF BILL: An act to amend the general business law, in relation
to implementing the immigrant assistance service enforcement act

PURPOSE OR GENERAL IDEA OF BILL: To provide stricter enforcement
provisions and strengthen transparency within New York State's network
of immigration service providers.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Short title "Immigrant Assistance Service Enforcement Act".

Section 2. Amends Section 460-a (2) of the General Business Law. Adds
any individual who provides representation in immigration-related
proceedings to the list of immigration assistance services providers.

Section 3. Amends the General Business Law, Section 460-h. Increases
the fine imposed upon those who violate laws regarding immigrant
assistance services to $10,000 for each violation.

Section 4. Amends the General Business Law by adding two new sections,
460-k and 460-l. Section 460-k provides for an additional civil
penalty that may be assessed against a provider of immigration
assistance services in certain circumstances. Section 460-l provides
for the new registration requirements for providers of immigration
assistance services.

Section 5. Amends the General Business Law, Section 460-b, the opening
paragraph and subdivision 8. Prohibits the provision of immigrant
services unless the provider has registered with the Department of
State.

Section 6. Effective Date

EXISTING LAW: General Business Law, Article 28-C, Sections 460A-460l,
Immigrant Assistance Services. The current civil penalty is not more
than $7,500. There is no provision for additional civil penalties for
consumer fraud, for example, false advertising and deceptive
practices. Additionally, current law does not require Providers of
immigration assistance to register with the Department of State.

JUSTIFICATION: Immigration assistance service providers can be a
great resource for individuals on the path to citizenship. However,
due to the vulnerable nature of some of these individuals as well as
the serious consequences that could result if certain laws, rules and
procedures are not followed, these providers should have the requisite
qualifications to be performing such services. This act would ensure
that individuals engaged in this practice are certified to do so and
are also registered with the Department of State so that those seeking
a provider can be assured that the one they are choosing is qualified
to perform these services.

PRIOR LEGISLATIVE HISTORY:
2014: New Bill
2013: Similar Bill S.786A/A.158A Passed Senate and Assembly, Veto #249
of 2013


2012: S.94A - Amended and Recommitted to Rules/A.4887-A - Passed
Assembly
2011: S.94 - Reported and Committed to Finance/A.4887 - Reported,
Referred to Codes
2010: S.7218A - Referred to Codes/A.10162B Reported to Ways and Means;
Reported, Referred to Rules

FISCAL IMPLICATIONS: Increased fines for violations of this statute
could result in additional funds for the state.

EFFECTIVE DATE: This act shall take effect on the one hundred
eightieth day after it shall have become a law. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date is
authorized to be made and completed on or before such effective date.

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

                                  6732

                            I N  S E N A T E

                              March 4, 2014
                               ___________

Introduced  by  Sen.  DIAZ  --  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  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.   Subdivision 2 of section 460-a of the general business law, as
added by chapter 463 of the laws of 2004, is amended to read as follows:
  2. "Provider" means any person, including but not limited to a  corpo-
ration,  partnership,  limited liability company, sole proprietorship or
natural person, that provides immigrant assistance services,  but  shall
not  include  (a) any person duly admitted to practice law in this state
and any person working directly under  the  supervision  of  the  person
admitted;  (b)  any not-for-profit tax exempt organization that provides
immigrant assistance without a fee or other payment from individuals  or
at  nominal fees as defined by the federal board of immigration appeals,
and the employees of such organization when acting within the  scope  of
such employment; (c) any organization recognized by the federal board of
immigration  appeals  that provides services via representatives accred-
ited by such board to appear before the bureau of citizenship and  immi-
gration  services  and/or  executive office for immigration review, that
does not charge a fee or charges nominal fees as defined by the board of
immigration appeals; [or] (d) any authorized  agency  under  subdivision
ten  of section three hundred seventy-one of the social services law and
the employees of such organization when acting within the scope of  such
employment;  OR  (E) ANY INDIVIDUAL PROVIDING REPRESENTATION IN AN IMMI-
GRATION-RELATED PROCEEDING UNDER FEDERAL LAW FOR WHICH  FEDERAL  LAW  OR
REGULATION DEFINES THE AUTHORITY TO APPEAR.
  S  3.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14270-01-4

S. 6732                             2

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] TEN THOU-
SAND DOLLARS for each violation.
  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 COMMITTED
AGAINST USERS OF IMMIGRANT ASSISTANCE SERVICES. 1.  (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 SUBDIVISION TWELVE OF SECTION SIXTY-THREE OF THE EXECU-
TIVE  LAW,  REGARDING  PROCEEDINGS BY THE ATTORNEY GENERAL FOR EQUITABLE
RELIEF AGAINST FRAUDULENT 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  PERSONS  SEEKING  OR
USING  IMMIGRANT  ASSISTANCE  SERVICES,  MAY BE LIABLE FOR AN ADDITIONAL
CIVIL PENALTY NOT TO EXCEED TEN THOUSAND  DOLLARS,  IN  ACCORDANCE  WITH
PARAGRAPH (B) OF THIS SUBDIVISION.
  (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 HIS OR HER CONDUCT WAS DIRECTED TO
ONE  OR  MORE  PERSONS SEEKING OR USING IMMIGRANT ASSISTANCE SERVICES OR
WHETHER THE DEFENDANT KNOWINGLY ACTED WITH DISREGARD OF THE RIGHTS OF  A
PERSON SEEKING OR USING IMMIGRANT ASSISTANCE SERVICES;
  (2)  WHETHER  THE  DEFENDANT'S CONDUCT: (I) CAUSED A PERSON SEEKING OR
USING IMMIGRANT ASSISTANCE SERVICES TO SUFFER LOSS OR ENCUMBRANCE  OF  A
PRIMARY  RESIDENCE,  LOSS OF EMPLOYMENT OR SOURCE OF INCOME, SUBSTANTIAL
LOSS OF PROPERTY OR ASSETS ESSENTIAL TO THE HEALTH  OR  WELFARE  OF  THE
PERSON  SEEKING  OR USING IMMIGRANT ASSISTANCE SERVICES; OR (II) WHETHER
ONE OR MORE PERSONS SEEKING OR USING IMMIGRANT ASSISTANCE SERVICES  WERE
SUBSTANTIALLY  MORE  VULNERABLE  TO  THE  DEFENDANT'S CONDUCT BECAUSE OF
IMPAIRED UNDERSTANDING, OR ANY OTHER PERCEIVED DISADVANTAGE, AND ACTUAL-
LY SUFFERED PHYSICAL OR ECONOMIC DAMAGE RESULTING FROM  THE  DEFENDANT'S
CONDUCT.
  2.  RESTITUTION  ORDERED  PURSUANT  TO THE PROVISIONS OF LAW LISTED IN
SUBDIVISION ONE OF THIS SECTION OR PURSUANT TO ANY OTHER SECTION OF  LAW
SHALL  BE  GIVEN PRIORITY OVER THE IMPOSITION OF CIVIL PENALTIES ORDERED
BY THE COURT UNDER THIS SECTION.
  S 460-L. REQUIREMENTS FOR REGISTRATION OF IMMIGRANT ASSISTANCE SERVICE
PROVIDERS.  1. ANY PERSON, FIRM OR CORPORATION SEEKING A CERTIFICATE  OF
REGISTRATION AS AN IMMIGRANT ASSISTANCE SERVICE PROVIDER SHALL FILE WITH
THE DEPARTMENT OF STATE AN APPLICATION FOR REGISTRATION IN SUCH FORM AND
DETAIL AS THE DEPARTMENT SHALL PRESCRIBE, INCLUDING THE FOLLOWING:

S. 6732                             3

  (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 NUMBER OF THE APPLICANT;
  (E) THE LENGTH OF TIME  THAT  THE  APPLICANT  HAS  BEEN  AN  IMMIGRANT
ASSISTANCE SERVICE PROVIDER;
  (F) A STATEMENT INDICATING WHETHER THE APPLICANT HAS:
  (1)  BEEN  CONVICTED  OF  ANY CRIME OR IS A DEBTOR ON ANY UNPAID CIVIL
JUDGMENT RELATING TO WORK AS AN IMMIGRANT ASSISTANCE  SERVICE  PROVIDER;
AND
  (2)  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;
  (H)  (1) COPIES OF CONTRACTS REQUIRED PURSUANT TO SECTION FOUR HUNDRED
SIXTY-B OF THIS ARTICLE; (2) SIGNS REQUIRED  PURSUANT  TO  SECTION  FOUR
HUNDRED  SIXTY-C  OF THIS ARTICLE; AND (3) SURETIES REQUIRED PURSUANT TO
SECTION FOUR HUNDRED SIXTY-G OF THIS ARTICLE; AND
  (I) 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  IMMIGRANT  ASSISTANCE  SERVICE  PROVIDER,  IN  ACCORDANCE  WITH  THE
PROVISIONS OF ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW.
  4. (A) A REGISTRATION ISSUED OR RENEWED UNDER THE PROVISIONS  OF  THIS
SECTION  SHALL ENTITLE A PERSON TO ACT AS A REGISTERED IMMIGRANT ASSIST-
ANCE 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 OF STATE 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  IMMIGRANT  ASSISTANCE
SERVICE PROVIDER A UNIQUE REGISTRATION NUMBER.
  5. (A) EACH ORIGINAL APPLICATION OR APPLICATION FOR RENEWAL FOR REGIS-
TRATION AS AN IMMIGRANT ASSISTANCE SERVICE PROVIDER SHALL BE ACCOMPANIED
BY  A  FEE  OF  TWO HUNDRED FIFTY DOLLARS FOR EACH BIENNIAL REGISTRATION
PERIOD.
  (B) NOTICE IN WRITING IN THE MANNER AND FORM PRESCRIBED BY THE DEPART-
MENT OF STATE SHALL BE GIVEN TO THE DEPARTMENT AT ITS OFFICES IN  ALBANY
WITHIN  TEN  DAYS  OF CHANGES OF NAME OR ADDRESS BY REGISTERED IMMIGRANT
ASSISTANCE 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  OF
STATE  MAY,  UPON SUBMISSION OF A REQUEST IN SUCH FORM AND MANNER AS THE
DEPARTMENT MAY PRESCRIBE, ISSUE A DUPLICATE REGISTRATION UPON PAYMENT OF
A FEE OF TEN DOLLARS.

S. 6732                             4

  6. THE FEES ESTABLISHED  BY THIS SECTION SHALL NOT BE REFUNDABLE.
  7. EACH IMMIGRANT ASSISTANCE SERVICE PROVIDER ENGAGED IN SUCH BUSINESS
SHALL  INCLUDE  HIS OR HER REGISTRATION NUMBER IN EVERY SERVICE CONTRACT
AND SHALL ADDITIONALLY EXHIBIT  PROOF  OF  SUCH  REGISTRATION  UPON  THE
REQUEST OF ANY INTERESTED 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 OF STATE FOR THE PURPOSE OF PROCURING A REGISTRATION;
  (C) FALSELY REPRESENT THEMSELVES TO BE A REGISTERED IMMIGRANT  ASSIST-
ANCE SERVICE PROVIDER;
  (D) USE OR ATTEMPT TO USE A REGISTRATION WHICH HAS EXPIRED;
  (E) OFFER TO PERFORM OR PERFORM ANY IMMIGRANT ASSISTANCE SERVICE WITH-
OUT HAVING A CURRENT REGISTRATION AS IS REQUIRED UNDER THIS SECTION;
  (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; OR
  (G)  ENGAGE  IN  ANY VIOLATION OF SECTION FOUR HUNDRED SIXTY-E OF THIS
ARTICLE.
  9. REGISTRATIONS ISSUED  TO  IMMIGRANT  ASSISTANCE  SERVICE  PROVIDERS
SHALL NOT BE TRANSFERABLE OR ASSIGNABLE.
  10.  AN  ATTORNEY  LICENSED TO PRACTICE LAW IN THIS STATE SHALL NOT BE
REQUIRED TO REGISTER AS AN IMMIGRANT ASSISTANCE SERVICE PROVIDER.
  11. (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 IMMIGRANT ASSISTANCE SERVICE PROVIDERS REGISTERED  PURSU-
ANT TO THIS ARTICLE.
  (B) THE OFFICE OF THE ATTORNEY GENERAL SHALL HAVE THE POWER TO ENFORCE
THE PROVISIONS OF THIS ARTICLE AND UPON COMPLAINT OF ANY PERSON, OR UPON
REFERRAL BY THE SECRETARY OF STATE, TO INVESTIGATE ANY VIOLATION THEREOF
OR  TO INVESTIGATE THE BUSINESS, BUSINESS PRACTICES AND BUSINESS METHODS
OF ANY PERSON, FIRM, LIMITED LIABILITY COMPANY,  PARTNERSHIP  OR  CORPO-
RATION APPLYING FOR OR HOLDING A REGISTRATION AS AN IMMIGRANT ASSISTANCE
SERVICE  PROVIDER, IF IN THE OPINION OF THE ATTORNEY GENERAL SUCH INVES-
TIGATION IS WARRANTED.  EACH  SUCH  APPLICANT  OR  REGISTRANT  SHALL  BE
OBLIGED,  ON  REQUEST OF THE SECRETARY OF STATE OR THE ATTORNEY GENERAL,
TO SUPPLY IN A MANNER CONSISTENT WITH SUBDIVISION NINE OF  SECTION  FOUR
HUNDRED  SIXTY-B  OF  THIS  ARTICLE  SUCH  INFORMATION, BOOKS, PAPERS OR
RECORDS AS MAY BE REQUIRED CONCERNING HIS, HER OR ITS BUSINESS, BUSINESS
PRACTICES OR BUSINESS METHODS, OR PROPOSED BUSINESS PRACTICES  OR  METH-
ODS.  FAILURE  TO COMPLY WITH A LAWFUL REQUEST OF THE SECRETARY OF STATE
OR THE ATTORNEY GENERAL SHALL BE A GROUND FOR DENYING AN APPLICATION FOR
A REGISTRATION, OR FOR REVOKING,  SUSPENDING,  OR  FAILING  TO  RENEW  A
REGISTRATION ISSUED UNDER THIS ARTICLE.  NOTHING IN THIS PARAGRAPH SHALL
BE  CONSTRUED  TO LIMIT THE POWER OF THE ATTORNEY GENERAL TO INVESTIGATE
ANY MATTER PURSUANT TO ANY OTHER PROVISIONS OF LAW.
  (C) THE DEPARTMENT OF STATE SHALL AFTER NOTICE AND  HEARING  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  DEPART-
MENT, OR REPRIMAND ANY REGISTRANT OR DENY AN APPLICATION FOR A REGISTRA-
TION OR RENEWAL THEREOF UPON PROOF:
  (1)  THAT  THE  APPLICANT  OR  REGISTRANT  HAS  VIOLATED  ANY  OF  THE
PROVISIONS OF THIS ARTICLE OR  THE  RULES  AND  REGULATIONS  PROMULGATED
PURSUANT TO THIS ARTICLE;

S. 6732                             5

  (2)  THAT  THE  APPLICANT OR REGISTRANT HAS PRACTICED FRAUD, DECEIT OR
MISREPRESENTATION;
  (3)  THAT THE APPLICANT OR REGISTRANT HAS MADE A MATERIAL MISSTATEMENT
IN THE APPLICATION FOR OR RENEWAL OF HIS OR HER REGISTRATION;
  (4) THAT THE APPLICANT OR REGISTRANT HAS DEMONSTRATED INCOMPETENCE  OR
UNTRUSTWORTHINESS IN HIS OR HER ACTIONS.
  12. THE DEPARTMENT OF STATE SHALL, BEFORE DENYING AN APPLICATION FOR A
REGISTRATION  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  REFER-
ENCE  THERETO.  SUCH  WRITTEN  NOTICE  MAY BE SERVED BY DELIVERY OF SAME
PERSONALLY TO THE APPLICANT OR REGISTRANT, OR BY MAILING SAME BY  CERTI-
FIED  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.
  13. THE HEARING ON SUCH CHARGES SHALL BE AT SUCH TIME AND PLACE AS THE
DEPARTMENT OF STATE SHALL PRESCRIBE AND SHALL BE CONDUCTED BY SUCH OFFI-
CER 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
OF  STATE DESIGNATED TO TAKE SUCH TESTIMONY SHALL NOT BE BOUND BY COMMON
LAW OR STATUTORY RULES OF EVIDENCE OR BY TECHNICAL OR  FORMAL  RULES  OF
PROCEDURE.
  14.  IN THE EVENT THAT THE DEPARTMENT OF STATE SHALL DENY THE APPLICA-
TION FOR, OR REVOKE OR SUSPEND ANY SUCH REGISTRATION, OR IMPOSE ANY FINE
OR REPRIMAND, 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.
  15. THE DEPARTMENT OF STATE, ACTING BY THE OFFICE OR PERSON DESIGNATED
TO  CONDUCT THE HEARING PURSUANT TO SUBDIVISION THIRTEEN 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 INVOLVING HIS OR HER
WORK AS AN IMMIGRANT  ASSISTANCE  SERVICE  PROVIDER  FOR  A  PERIOD  NOT
EXCEEDING  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
PERIOD OF SUCH ADJOURNMENT.
  16.  THE  ACTION OF THE DEPARTMENT OF STATE 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  PROCEED-
ING 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 REGISTRATION SO REVOKED, SUSPENDED, FINED OR REPRIMANDED.

S. 6732                             6

  17.  (A) ANY PERSON, FIRM OR CORPORATION THAT OPERATES AS AN IMMIGRANT
ASSISTANCE SERVICE PROVIDER WITHOUT BEING REGISTERED SHALL  BE  REQUIRED
TO  PAY  A  CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS.  PROVIDED
THAT, THE DEPARTMENT OF STATE MAY REDUCE SUCH PENALTY  IF  SUCH  PERSON,
FIRM  OR  CORPORATION  AGAINST  WHOM  SUCH PENALTY IS ASSESSED OBTAINS A
REGISTRATION AS REQUIRED BY THIS SECTION, PROVIDED THAT APPLICATION  FOR
SUCH REGISTRATION IS MADE NOT MORE THAN TEN DAYS AFTER THE IMPOSITION OF
SUCH  PENALTY  AND  THE  IMMIGRANT ASSISTANCE SERVICE PROVIDER HAS NEVER
PREVIOUSLY BEEN FINED FOR FAILURE TO REGISTER IN  NEW  YORK  OR  IN  ANY
OTHER STATE THAT REQUIRES REGISTRATION.
  (B)  AN IMMIGRANT ASSISTANCE SERVICE PROVIDER MAY NOT MAINTAIN A CIVIL
ACTION TO RECOVER PAYMENT FOR IMMIGRANT ASSISTANCE OFFERED OR  PERFORMED
IF  SUCH CONTRACTOR WAS NOT REGISTERED AS REQUIRED UNDER THIS SECTION AT
THE TIME SUCH WORK WAS OFFERED OR PERFORMED.
  (C) MONEY COLLECTED PURSUANT TO  PARAGRAPH  (A)  OF  THIS  SUBDIVISION
SHALL  BE  DESIGNATED  FOR  THE FUNDING OF INVESTIGATIONS OF IMMIGRATION
SERVICE PROVIDER FRAUD.
  18. THE PROVIDER'S NAME, BUSINESS NAME, IF DIFFERENT THAN THE  PROVID-
ER, THE BUSINESS LOCATION OR LOCATIONS, THE BUSINESS TELEPHONE NUMBER OR
NUMBERS  AND  THE DATE THE PROVIDER WAS FIRST REGISTERED SHALL BE AVAIL-
ABLE TO THE PUBLIC ON THE DEPARTMENT OF STATE'S WEBSITE. THE  DEPARTMENT
SHALL ENSURE THAT A CONSUMER IS ABLE TO VERIFY THIS INFORMATION BY CALL-
ING THE DEPARTMENT OF STATE'S TOLL-FREE PHONE NUMBER.
  19.  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 REGISTERED AS IMMIGRATION PROVIDERS
PURSUANT TO THIS ARTICLE.
  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  IMMIGRANT  ASSISTANCE  SERVICE SHALL BE PROVIDED, UNDER PENALTY OF
LAW, UNLESS SUCH SERVICE PROVIDER HAS REGISTERED 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 understood by
the customer, either alone or with the assistance of an available inter-
preter,  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 within three
business days after his or her execution of the contract, without 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 imme-
diately 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:

S. 6732                             7

  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.  Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be  made  and
completed on or before such effective date.

Co-Sponsors

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S6732A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8974B
Law Section:
General Business Law
Laws Affected:
Amd Gen Bus L, generally; add §94-b, Exec L; add §§190.87 & 190.89, Pen L

S6732A (ACTIVE) - Bill Texts

view summary

Implements the immigrant assistance service enforcement act; increases fines imposed upon those who violate laws regarding immigrant assistance services; creates the office of new Americans; and establishes crime of immigrant assistance fraud.

view sponsor memo
BILL NUMBER:S6732A

TITLE OF BILL: An act to amend the general business law, in relation
to implementing the immigrant assistance service enforcement act; to
amend the executive law, in relation to creating the office of new
Americans; and to amend the penal law, in relation to the crime of
immigrant assistance fraud

PURPOSE OR GENERAL IDEA OF BILL:

To provide stricter enforcement provisions and strengthen transparency
within New York State's network of immigration service providers.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 is the title.

Section 2 amends section 460-a of the general business law to make
clarifications and update the definition of both "provider" and
"assistance."

Section 3 amends:

*460-b of the general business law to require clearer disclosures in
immigrant assistance service contracts;

*460-c of the general business law to require clearer disclosures in
the signs and advertisements posted by immigrant assistance service
providers;

*460-d of the general business law, as renumbered, adds certain
conduct that immigrant assistance service providers shall not engage
in to the list of currently prohibited acts;

*460-e of the general business law is renumbered and makes a technical
amendment to the retention of documents by service providers;

*460-f of the general business law, as renumbered, requires that
immigrant assistance service providers maintain a surety for the
entire time in which they provide service and an additional year
thereafter,

*adds a new 460-g of the general business law to allow for an
individual who is harmed by a violation of this article to bring an
action against the provider that caused such harm, and

*amends 460-i of the general business law to increase the amount of
the fine that may be assessed against a provider who violated this
article, and allows the Attorney General to prosecute violations under
this article. Section 4 amends 460-h of the general business law to
increase the maximum penalty for violating the provisions of the
article on providing immigrant assistance from seven thousand five
hundred dollars to ten thousand dollars.

Section 5 adds a new sections 460-k to the general business law, which
provides that an additional civil penal of up to ten thousand dollars


can be assessed against a provider under specific aggravating
circumstances

Section 6 amends the executive law to codify the Office of New
Americans within the Department of State.

Section 7 amends the penal law to create the new crimes of immigrant
assistance services fraud in the first and second degrees.

JUSTIFICATION:

Immigrant assistance service providers can be a great resource for
individuals on the path to citizenship. However, due to the vulnerable
nature of some of these individuals as well as the serious
consequences that could affect such individuals if laws, rules and
procedures are not followed, or are intentionally violated. These
providers should be accountable to the individuals who seek their
assistance. This act, in adding more rights for immigrants seeking
assistance, greater transparency in the immigrant assistance process,
more clearly defining the practice that these providers may and may
not engage in, and imposing greater penalties for bad actors, will
better ensure that individuals seeking these services will not be
taken advantage of.

Additionally, this act creates two new penal law crimes, which will
provide an additional criminal enforcement mechanism against providers
who take advantage of a vulnerable population for their own monetary
gain.

PRIOR LEGISLATIVE HISTORY:

2014: S.6732- Referred to Consumer Protection/ A. 8974B (Sim bill)
Referred to Codes
2013: Similar Bill S.786A/A 158A Passed Senate and Assembly, Veto #249
of 2013
2012. S.94A - Amended and Recommitted to Rules/A.4887-A - Passed
Assembly
2011: S.94 - Reported and Committed to Finance/A.4887 - Reported,
Referred to Codes
2010: S.7218A - Referred to Codes/A.10162B Reported to Ways and Means;
Reported, Referred to Rules

FISCAL IMPLICATIONS:

Increased civil penalties for violations of this statute could result
in additional funds for the state.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective dare is authorized to be
made and completed on or before such effective date.

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

                                 6732--A

                            I N  S E N A T E

                              March 4, 2014
                               ___________

Introduced  by  Sens.  DIAZ, KRUEGER, PERKINS, SAMPSON -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Consumer  Protection  --  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; to amend the execu-
  tive law, in relation to creating the office of new Americans; and  to
  amend  the penal law, in relation to the crime of immigrant assistance
  fraud

  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-a of the general business law, as  added  by  chapter
463 of the laws of 2004, is amended to read as follows:
  S 460-a. Definitions AND APPLICABILITY.  For the purpose of this arti-
cle the following terms shall have the following meanings:
  1.  "Immigrant  assistance  service" means providing assistance, for a
fee or other compensation, to persons who have, or plan to, come to  the
United  States  from  a  foreign  country,  or their representatives, in
relation to any proceeding, filing or  action  affecting  the  non-immi-
grant,  immigrant  or  citizenship status of a person which arises under
the immigration and nationality law,  executive  order  or  presidential
proclamation, or which arises under actions or regulations of the United
States  [bureau  of]  citizenship  and  immigration services, THE UNITED
STATES DEPARTMENT OF HOMELAND SECURITY, the United States department  of
labor, or the United States department of state.
  2.  "Provider" means any person, including but not limited to a corpo-
ration, partnership, limited liability company, sole  proprietorship  or
natural  person,  that provides immigrant assistance services, but shall
not include (a) any person duly admitted to practice law in  this  state
and  any  person  working  directly  under the supervision of the person
admitted; (b) any not-for-profit tax exempt organization  that  provides
immigrant  assistance without a fee or other payment from individuals or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14270-07-4

S. 6732--A                          2

at nominal fees as defined by the federal board of immigration  appeals,
and  the  employees of such organization when acting within the scope of
such employment; (c) any organization recognized by the federal board of
immigration  appeals  that provides services via representatives accred-
ited by such board to appear before the [bureau of] UNITED STATES  citi-
zenship and immigration services and/or executive office for immigration
review, that does not charge a fee or charges nominal fees as defined by
the  board  of immigration appeals; [or] (d) any authorized agency under
subdivision ten of section  three  hundred  seventy-one  of  the  social
services  law  and the employees of such organization when acting within
the scope of such employment; OR (E) ANY INDIVIDUAL PROVIDING  REPRESEN-
TATION  IN AN IMMIGRATION-RELATED PROCEEDING UNDER FEDERAL LAW FOR WHICH
FEDERAL LAW OR REGULATION ESTABLISHES  SUCH  INDIVIDUAL'S  AUTHORITY  TO
APPEAR.
  S  3.  Sections  460-b, 460-c, 460-d, 460-e, 460-f, 460-g and 460-i of
the general business law, as added by chapter 463 of the laws  of  2004,
are amended and a new section 460-g is added to read as follows:
  S  460-b.  Immigrant  assistance  service  contracts.  1. No immigrant
assistance service shall be provided until the customer has  executed  a
written contract with the IMMIGRANT ASSISTANT SERVICE provider [who will
provide  such  services]. The contract shall be in a language understood
by the customer, either alone or with the  assistance  of  an  available
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 INTERPRETER SHALL PROVIDE AN  ATTESTATION  AFFIRMING  THE
ACCURACY OF HIS OR HER TRANSLATION, TO BE ATTACHED TO THE CONTRACT.
  2.  (A) The customer has the right to cancel the contract within three
business days after his or her execution of the contract, without 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 imme-
diately 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.
  (B)  The contract may be cancelled at any time after execution. If the
contract is cancelled [after] MORE THAN three days AFTER IT WAS  SIGNED,
or  within three days AFTER IT WAS SIGNED 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.
  3. The written contract shall be in plain language, in at least twelve
point type and shall include the following:
  [1.] (A) The name, address and telephone number of the provider.
  [2.] (B) Itemization of all services to be provided to  the  customer,
as  well  as  the  fees and costs to be charged to the customer FOR EACH
SERVICE.
  [3.] (C) A statement that original documents required to be  submitted
in connection with an application made to the [federal bureau of] UNITED
STATES citizenship and immigration services or for other certifications,
benefits  or  services provided by government may not be retained by the
immigrant assistance service provider for any reason, including [payment
of] FAILURE OF THE CUSTOMER TO PAY fees or costs OR OTHER FEE DISPUTE.

S. 6732--A                          3

  [4.] (D) A statement that the provider shall give the customer a  copy
of  each  document  [filed with a governmental entity] PREPARED WITH THE
PROVIDER'S ASSISTANCE.
  [5.]  (E)  A  statement  that  the  customer is not required to obtain
supporting documents through the immigrant assistance service  provider,
[but]  AND  may obtain such documents himself or herself, ALONG WITH THE
STATEMENT: "THE U.S. GOVERNMENT PROVIDES INFORMATION ON  REQUIRED  FORMS
AND DOCUMENTATION FOR FREE ONLINE AND BY PHONE".
  [6.]  (F)  The  statement:  "You MAY CANCEL THIS CONTRACT AT ANY TIME.
YOU have three (3) business days to cancel this contract WITHOUT FEE  OR
PENALTY  AND  GET  BACK  ANY FEES THAT YOU HAVE ALREADY PAID.  Notice of
cancellation [must be in writing, signed by you and mailed by registered
or certified] MAY BE MADE BY COMPLETING THE CANCELLATION  FORM  INCLUDED
IN  THIS  CONTRACT,  OR  OTHERWISE NOTIFYING THE PROVIDER IN WRITING AND
DELIVERING SUCH FORM OR NOTIFICATION TO THE PROVIDER  IN  PERSON  OR  BY
United  States  mail  to  (specify address). If you cancel this contract
[within three days,] you will get back [your]  ANY  documents  [and  any
fees that you paid] YOU SUBMITTED TO THE PROVIDER".
  (G)  EACH CONTRACT SHALL CONTAIN A SEPARATE FINAL PAGE TITLED "CANCEL-
LATION FORM." THE CANCELLATION FORM SHALL CONTAIN THE  FOLLOWING  STATE-
MENT: "I HEREBY CANCEL THE CONTRACT OF  (DATE OF CONTRACT) BETWEEN (NAME
OF  PROVIDER,  ADDRESS  OF  PROVIDER,  AND PHONE NUMBER OF PROVIDER) AND
(NAME OF CUSTOMER)."  BELOW THE STATEMENT SHALL BE A CUSTOMER  SIGNATURE
AND DATE LINE. BELOW THE SIGNATURE AND DATE LINE, THE FORM SHALL CONTAIN
THE  STATEMENT REQUIRED BY PARAGRAPH (H) OF THIS SUBDIVISION, PRINTED IN
TWELVE POINT OR LARGER TEXT.
  [7.] (H) A statement that the [immigration services] IMMIGRANT ASSIST-
ANCE SERVICE provider has financial surety in effect for the benefit  of
any  customer  in  the  event  that the customer is owed a refund, or is
damaged by the actions of the provider, together with the name,  address
and telephone number of the surety.
  [8.]  (I)  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] UNITED STATES citizenship and immigration
services, THE DEPARTMENT OF HOMELAND SECURITY, THE EXECUTIVE OFFICE  FOR
IMMIGRATION  REVIEW, the department of labor, the department of state or
any immigration authorities and may not give legal advice or accept fees
for legal advice["].  FOR A FREE LEGAL REFERRAL CALL THE OFFICE FOR  NEW
AMERICANS HOTLINE AT (PHONE NUMBER OF THE OFFICE FOR NEW AMERICANS), THE
NEW  YORK  STATE  OFFICE OF THE ATTORNEY GENERAL AT (PHONE NUMBER OF THE
OFFICE OF THE ATTORNEY GENERAL), OR  YOUR  LOCAL  DISTRICT  ATTORNEY  OR
PROSECUTOR."    THE  SERVICE PROVIDER SHALL BE RESPONSIBLE FOR PROVIDING
THE ACCURATE AND UP-TO-DATE PHONE NUMBERS REQUIRED IN SUCH STATEMENT.
  [9.] (J) The statement: "The individual providing  assistance  to  you
under  this contract is prohibited from disclosing any information ABOUT
YOU TO, or filing any forms or documents  ON  YOUR  BEHALF  with,  immi-
gration  or  other authorities without your knowledge and consent EXCEPT
AS REQUIRED BY LAW."  A PROVIDER SHALL PROMPTLY NOTIFY THE  CUSTOMER  IN
WRITING WHEN SUCH PROVIDER HAS DISCLOSED ANY INFORMATION TO OR FILED ANY
FORM OR DOCUMENT WITH IMMIGRATION OR OTHER AUTHORITIES WHEN SUCH DISCLO-
SURE  OR  FILING  WAS REQUIRED BY LAW AND DONE WITHOUT THE KNOWLEDGE AND
CONSENT OF THE CUSTOMER.
  [10.] (K) The statement: "A copy of all forms completed and  documents
accompanying  the  forms shall be kept by the service provider for three

S. 6732--A                          4

years. A copy of the [customers] CUSTOMER'S file shall  be  provided  to
the [client] CUSTOMER on demand and without fee."
  (L)  ON THE SAME PAGE AS THE SIGNATURE LINE, THE STATEMENT: "THE INDI-
VIDUAL PROVIDING ASSISTANCE TO YOU UNDER THE TERMS OF THIS CONTRACT MUST
EXPLAIN THE CONTENTS OF THIS CONTRACT TO YOU AND  ANSWER  ANY  QUESTIONS
ABOUT IT THAT YOU MAY HAVE."
  S  460-c.  REQUIRED NOTICES. 1. Posting of signs. Every provider shall
post signs, at every location where such provider meets with  customers,
setting  forth  information  in  English  and in every other language in
which the person provides or  offers  to  provide  immigrant  assistance
SERVICES.  There  shall  be  a separate sign for each language, and each
shall be posted in a location where it will be visible to customers.
  [1.] (A) One sign shall be at least eleven inches by seventeen inches,
and shall contain the following in not less than sixty point type:
  "THE INDIVIDUAL PROVIDING  ASSISTANCE  TO  YOU  UNDER  THIS  [CONTACT]
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] UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES,  THE
DEPARTMENT  OF  HOMELAND  SECURITY, THE EXECUTIVE OFFICE FOR IMMIGRATION
REVIEW, THE DEPARTMENT OF LABOR, THE DEPARTMENT OF STATE  OR  ANY  IMMI-
GRATION  AUTHORITIES  AND  MAY  NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR
LEGAL ADVICE["].  FOR A FREE LEGAL REFERRAL  CALL  THE  OFFICE  FOR  NEW
AMERICANS  HOTLINE AT (PHONE NUMBER OF THE OFFICE FOR NEW AMERICANS). TO
FILE A COMPLAINT ABOUT AN IMMIGRANT ASSISTANCE SERVICE PROVIDER CALL THE
OFFICE FOR NEW AMERICANS HOTLINE AT (PHONE NUMBER OF THE OFFICE FOR  NEW
AMERICANS),  THE  NEW  YORK  STATE  OFFICE OF ATTORNEY GENERAL AT (PHONE
NUMBER OF THE OFFICE OF ATTORNEY GENERAL), OR YOUR LOCAL DISTRICT ATTOR-
NEY OR PROSECUTOR'S OFFICE AT (PHONE NUMBER OF THE LOCAL DISTRICT ATTOR-
NEY)." THE SERVICE PROVIDER SHALL BE RESPONSIBLE FOR PROVIDING THE ACCU-
RATE AND UP-TO-DATE PHONE NUMBERS REQUIRED ON SUCH SIGN.
  [2.] (B) A separate sign shall be posted  in  a  location  visible  to
customers  in  conspicuous  size type and which contains the schedule of
fees for services  offered  and  the  statement:  "YOU  MAY  CANCEL  ANY
CONTRACT  WITHIN  3  BUSINESS  DAYS  AND GET BACK YOUR DOCUMENTS AND ANY
MONEY YOU PAID."
  [S 460-d.] 2. Notice in advertisements. Every provider who  advertises
immigrant  assistance services, whether by signs, pamphlets, newspapers,
or any other written communication shall post or otherwise include  with
such  advertisement  a notice in the language in which the advertisement
appears. This notice shall be of a conspicuous  size  and  shall  state:
"THE INDIVIDUAL [PROVIDING] OFFERING TO PROVIDE IMMIGRANT ASSISTANCE [TO
YOU]  SERVICES 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]  UNITED  STATES  CITIZENSHIP  AND  IMMIGRATION
SERVICES, THE DEPARTMENT OF HOMELAND SECURITY, THE EXECUTIVE OFFICE  FOR
IMMIGRATION  REVIEW, THE DEPARTMENT OF LABOR, THE DEPARTMENT OF STATE OR
ANY IMMIGRATION AUTHORITIES AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES
FOR LEGAL ADVICE[".]."
  S [460-e.] 460-D. Prohibited acts. No provider shall:
  1. Give legal advice, or otherwise engage in the practice of law.
  2. Assume, use or advertise the title of lawyer or attorney at law, or
equivalent terms in the English  language  or  any  other  language,  or
represent  or  advertise  other titles or credentials, including but not
limited to "notary public", "accredited representative of the  board  of
immigration   appeals["],"  "NOTARIO  PUBLIC",  "NOTARIO",  "IMMIGRATION
SPECIALIST" or "immigration consultant," that could cause a customer  to

S. 6732--A                          5

believe  that  the  person  possesses  special professional skills or is
authorized to provide advice on an immigration matter; provided  that  a
notary public licensed by the secretary of state may use the term "nota-
ry public."
  3.  State  or  imply  that  the  [person]  PROVIDER can or will obtain
special favors from or has special influence with the [bureau of] UNITED
STATES citizenship and immigration services, THE UNITED  STATES  DEPART-
MENT  OF  HOMELAND SECURITY, THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
or any other governmental entity[, or threaten].
  4. THREATEN to report the [client] CUSTOMER to  immigration  or  other
authorities  or  THREATEN TO undermine in any way the [client's] CUSTOM-
ER'S immigration status or attempt to secure lawful status.
  [4.] 5. Demand or retain any fees or  compensation  for  services  not
performed, SERVICES TO BE PERFORMED IN THE FUTURE, or costs that are not
actually incurred.
  [5.]  6.  Advise, direct or permit a customer to answer questions on a
government document, or in a discussion with a government official, in a
specific way where the provider knows or has reasonable cause to believe
that the answers are false or misleading.
  [6.] 7. Disclose any information to, or file any  forms  or  documents
with,  immigration  or other authorities ON BEHALF OF A CUSTOMER without
the knowledge or consent of the customer EXCEPT WHERE REQUIRED BY LAW. A
PROVIDER SHALL PROMPTLY NOTIFY THE CUSTOMER IN WRITING WHEN SUCH PROVID-
ER HAS DISCLOSED ANY INFORMATION TO OR FILED ANY FORM OR  DOCUMENT  WITH
IMMIGRATION  OR  OTHER  AUTHORITIES  WHEN  SUCH DISCLOSURE OR FILING WAS
REQUIRED BY LAW AND DONE  WITHOUT  THE  KNOWLEDGE  AND  CONSENT  OF  THE
CUSTOMER.
  [7.]  8. Fail to provide customers with copies of documents filed with
a governmental entity or refuse to return  original  documents  supplied
by, prepared on behalf of, or paid for by the customer, upon the request
of the customer, or upon termination of the contract. Original documents
must  be  returned  promptly  upon  request and upon cancellation of the
contract, even if there is a fee dispute between the immigration assist-
ance service provider and the customer.
  [8.] 9. Make any misrepresentation or  false  statement,  directly  or
indirectly.
  [9.]  10. Make any guarantee or promise to a customer, unless there is
a basis in fact for such representation, and the guarantee or promise is
in writing.
  [10.] 11. Represent that a fee may be charged, or charge a fee for the
distribution, provision or submission of an official  document  or  form
issued  or promulgated by a state or federal governmental entity, or for
a referral of the customer to another person or entity that is qualified
to provide services or assistance which the immigrant assistance service
provider will not provide.
  12. FOR A FEE OR OTHER COMPENSATION REFER A CUSTOMER TO AN ATTORNEY OR
ANY OTHER INDIVIDUAL OR ENTITY THAT CAN PROVIDE SERVICES THAT THE  IMMI-
GRANT ASSISTANCE SERVICE PROVIDER CANNOT PROVIDE.
  13. GIVE ADVICE ON THE DETERMINATION OF A PERSON'S IMMIGRATION STATUS,
INCLUDING ADVISING HIM OR HER AS TO ANSWERS ON A GOVERNMENT FORM REGARD-
ING SUCH DETERMINATION.
  14.  PROMISE  TO  EXPEDITE  IMMIGRATION  OR  OTHER IMMIGRATION RELATED
GOVERNMENTAL BENEFIT PROCESSES, THROUGH CLAIMS TO HAVE SPECIAL RELATION-
SHIPS WITH OR SPECIAL ACCESS TO GOVERNMENT EMPLOYEES WHO  WILL  EXPEDITE
APPLICATIONS  OR ISSUE FAVORABLE DECISIONS FOR ANY REASON OTHER THAN THE
MERITS OF THE APPLICATION.

S. 6732--A                          6

  15. KNOWINGLY PROVIDE MISLEADING OR FALSE INFORMATION TO A  NONCITIZEN
ABOUT  HIS  OR  HER  INDIVIDUAL  OR FAMILY'S ELIGIBILITY FOR IMMIGRATION
BENEFITS OR STATUS, OR TO NONCITIZENS OR CITIZENS ABOUT THEIR INDIVIDUAL
OR FAMILY'S ELIGIBILITY FOR OTHER GOVERNMENT BENEFITS, WITH  THE  INTENT
TO  INDUCE  AN INDIVIDUAL TO EMPLOY THE SERVICES OF THE SERVICE PROVIDER
TO OBTAIN SUCH IMMIGRATION BENEFITS OR STATUS, OR SUCH OTHER  GOVERNMENT
BENEFITS.
  S  [460-f.]  460-E.  Retention  of documents. [Every] A provider shall
retain copies of all documents prepared or obtained in connection with a
customer's request for assistance for a period of three  years  after  a
written  contract  is executed by the provider and the customer, whether
or not such contract is subsequently cancelled.
  S [460-g.] 460-F. Surety requirement. Every provider shall maintain in
full force and effect FOR THE ENTIRE PERIOD DURING  WHICH  THE  PROVIDER
PROVIDES  IMMIGRANT  ASSISTANCE  SERVICES  AND  FOR  ONE  YEAR AFTER THE
PROVIDER CEASED TO  DO  BUSINESS  AS  AN  IMMIGRANT  ASSISTANCE  SERVICE
PROVIDER,  a bond, contract of indemnity, or irrevocable letter of cred-
it, 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
provider and the surety.
  S 460-G. ACTION. AN INDIVIDUAL WHO IS HARMED BY A PROVIDER AS A RESULT
OF  A PROVIDER'S VIOLATION OF THIS ARTICLE MAY BRING AN ACTION IN HIS OR
HER OWN NAME AGAINST A PROVIDER TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE,
AN ACTION TO RECOVER HIS OR HER ACTUAL DAMAGES  OR  TWENTY-FIVE  HUNDRED
DOLLARS,  WHICHEVER IS GREATER, OR BOTH SUCH ACTIONS, IN ADDITION TO ANY
OTHER REMEDY AVAILABLE IN LAW OR EQUITY. THE COURT MAY AWARD  COSTS  AND
REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
  S  460-i.  Violations.  Any violation of any provision of this article
shall be a class A misdemeanor, and upon conviction  THEREOF,  SHALL  BE
PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BY IMPRI-
SONMENT  FOR  NOT MORE THAN ONE YEAR, OR BY BOTH SUCH FINE AND IMPRISON-
MENT; PROVIDED HOWEVER, A SECOND OR SUBSEQUENT OFFENSE SHALL BE PUNISHA-
BLE BY A FINE OF NOT MORE THAN THREE THOUSAND DOLLARS OR BY IMPRISONMENT
FOR NOT MORE THAN ONE YEAR, OR BY BOTH SUCH FINE  AND  IMPRISONMENT.  IN
ADDITION,  the  court may order as part of the sentence imposed restitu-
tion or reparation to the victim of the crime pursuant to section  60.27
of the penal law. THE ATTORNEY GENERAL SHALL HAVE THE POWER TO PROSECUTE
ANY VIOLATION OF THIS ARTICLE.
  S  4.  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,

S. 6732--A                          7

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] TEN THOU-
SAND DOLLARS for each violation.
  S 5. The general business law is amended by adding a new section 460-k
to read as follows:
  S 460-K.  ADDITIONAL  CIVIL  PENALTY  FOR  CONSUMER  FRAUDS  COMMITTED
AGAINST  USERS  OF IMMIGRANT ASSISTANCE SERVICES. 1.  (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 SUBDIVISION TWELVE OF SECTION SIXTY-THREE OF THE EXECU-
TIVE LAW, REGARDING PROCEEDINGS BY THE ATTORNEY  GENERAL  FOR  EQUITABLE
RELIEF  AGAINST FRAUDULENT 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 PERSONS SEEKING OR
USING IMMIGRANT ASSISTANCE SERVICES, MAY BE  LIABLE  FOR  AN  ADDITIONAL
CIVIL  PENALTY  NOT  TO  EXCEED TEN THOUSAND DOLLARS, IN ACCORDANCE WITH
PARAGRAPH (B) OF THIS SUBDIVISION.
  (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 HIS OR HER CONDUCT WAS DIRECTED TO
ONE OR MORE PERSONS SEEKING OR USING IMMIGRANT  ASSISTANCE  SERVICES  OR
WHETHER THE DEFENDANT KNOWINGLY ACTED WITH DISREGARD FOR THE RIGHTS OF A
PERSON SEEKING OR USING IMMIGRANT ASSISTANCE SERVICES;
  (2)  WHETHER  THE  DEFENDANT'S CONDUCT: (I) CAUSED A PERSON SEEKING OR
USING IMMIGRANT ASSISTANCE SERVICES TO SUFFER LOSS OR ENCUMBRANCE  OF  A
PRIMARY  RESIDENCE,  LOSS OF EMPLOYMENT OR SOURCE OF INCOME, SUBSTANTIAL
LOSS OF PROPERTY OR ASSETS ESSENTIAL TO THE HEALTH  OR  WELFARE  OF  THE
PERSON  SEEKING  OR USING IMMIGRANT ASSISTANCE SERVICES; OR (II) WHETHER
ONE OR MORE PERSONS SEEKING OR USING IMMIGRANT ASSISTANCE SERVICES  WERE
SUBSTANTIALLY  MORE  VULNERABLE  TO  THE  DEFENDANT'S CONDUCT BECAUSE OF
IMPAIRED UNDERSTANDING, OR ANY OTHER PERCEIVED DISADVANTAGE, AND ACTUAL-
LY SUFFERED PHYSICAL OR ECONOMIC DAMAGE RESULTING FROM  THE  DEFENDANT'S
CONDUCT.
  2.  RESTITUTION  ORDERED  PURSUANT  TO THE PROVISIONS OF LAW LISTED IN
SUBDIVISION ONE OF THIS SECTION OR PURSUANT TO ANY OTHER SECTION OF  LAW
SHALL  BE  GIVEN PRIORITY OVER THE IMPOSITION OF CIVIL PENALTIES ORDERED
BY THE COURT UNDER THIS SECTION.
  S 6. The executive law is amended by adding a new section 94-b to read
as follows:
  S 94-B. OFFICE FOR NEW AMERICANS. 1. LEGISLATIVE INTENT. THE  LEGISLA-
TURE  HEREBY  FINDS  AND  DECLARES  THAT,  ACCORDING TO THE 2010 CENSUS,
APPROXIMATELY TWENTY-TWO PERCENT OF NEW YORKERS WERE  NOT  BORN  IN  THE
UNITED  STATES, NINE PERCENT ABOVE THE NATIONAL AVERAGE. FOR YEARS IMMI-
GRANTS HAVE COME TO THE UNITED STATES TO MAKE A BETTER  LIFE  FOR  THEM-
SELVES. IT IS OF UTMOST IMPORTANCE TO THE STATE THAT THESE NEW AMERICANS
BE  GIVEN  THE  TOOLS  TO  ASSIST THEM IN MAKING A BETTER LIFE FOR THEM-

S. 6732--A                          8

SELVES, PARTICULARLY THROUGH PROGRAMS THAT  HELP  DEVELOP  AND  LEVERAGE
THEIR SKILLS AND STRENGTHEN THEIR CONNECTIONS WITH THEIR COMMUNITIES AND
THROUGH  PROGRAMS  TO  REDUCE EXPLOITATION OF VULNERABLE IMMIGRANT POPU-
LATIONS.
  2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE TERMS "NEW AMER-
ICAN"  AND  "IMMIGRANT"  SHALL  REFER TO NON-CITIZEN DOMICILARIES OF NEW
YORK STATE WHOSE COUNTRY OF ORIGIN IS OTHER THAN THE UNITED STATES.
  3. OFFICE FOR NEW AMERICANS; DIRECTOR. THERE IS HEREBY CREATED  WITHIN
THE  DEPARTMENT  OF  STATE  THE  OFFICE FOR NEW AMERICANS. THE SECRETARY
SHALL APPOINT A DIRECTOR OF THE OFFICE TO  ACCOMPLISH  THE  RESPONSIBIL-
ITIES  SET  FORTH IN THIS SECTION. SUCH DIRECTOR SHALL RECEIVE AN ANNUAL
SALARY WITHIN AMOUNTS APPROPRIATED AND SHALL SERVE AT  THE  PLEASURE  OF
THE SECRETARY.
  4.  ORGANIZATION  OF THE OFFICE FOR NEW AMERICANS. THE SECRETARY SHALL
HAVE THE POWER TO ESTABLISH, CONSOLIDATE,  REORGANIZE,  OR  ABOLISH  ANY
ORGANIZATIONAL  UNITS  WITHIN  THE  OFFICE AS HE OR SHE DETERMINES TO BE
NECESSARY FOR EFFICIENT OPERATION THEREOF. THE  SECRETARY  SHALL  ASSIGN
FUNCTIONS  TO  ANY SUCH UNIT AND MAY APPOINT STAFF, AGENTS, AND CONSULT-
ANTS, PRESCRIBE THEIR DUTIES, AND FIX THEIR COMPENSATION WITHIN  AMOUNTS
APPROPRIATED.
  5.  POWERS  AND DUTIES OF THE OFFICE FOR NEW AMERICANS. THE OFFICE FOR
NEW AMERICANS SHALL HAVE THE POWER AND RESPONSIBILITY TO:
  (A) CREATE A NETWORK OF NEIGHBORHOOD-BASED OPPORTUNITY CENTERS;
  (B) INCREASE ACCESS TO ENGLISH-FOR-SPEAKERS-OF-OTHER-LANGUAGES  (ESOL)
TRAINING,  INCLUDING  BY ENGAGING NOT-FOR-PROFIT ORGANIZATIONS AND OTHER
QUALIFIED PROVIDERS OF ESOL TRAINING SERVICES;
  (C) ASSIST IMMIGRANTS  IN  MATTERS  RELATING  TO  IMMIGRATION  STATUS,
INCLUDING  BUT  NOT LIMITED TO ASSISTING WITH THE NATURALIZATION PROCESS
AND APPLICATIONS FOR DEFERRED ACTION FOR CHILDHOOD ARRIVALS;
  (D) CONNECT  IMMIGRANTS  TO  BUSINESS  RESOURCES  THAT  HARNESS  THEIR
SKILLS,  EMPLOYMENT  REFERRAL  PROGRAMS, AND OTHER WORKFORCE DEVELOPMENT
PROGRAMS;
  (E) DEVELOP AND LEVERAGE THE SKILLS OF  IMMIGRANTS  TO  BENEFIT  THEIR
COMMUNITIES AND THE STATE;
  (F)  STRENGTHEN  THE CONNECTIONS BETWEEN IMMIGRANTS AND THEIR COMMUNI-
TIES THROUGH CIVIC ENGAGEMENT;
  (G) REDUCE EXPLOITATION OF IMMIGRANTS;
  (H) ESTABLISH A TOLL-FREE MULTI-LINGUAL  HOTLINE  AND  A  WEBSITE  FOR
PURPOSES INCLUDING BUT NOT LIMITED TO DISSEMINATION OF INFORMATION ABOUT
THE  PROGRAMS  AND  SERVICES  OFFERED  BY  THE OFFICE FOR NEW AMERICANS,
REFERRAL FOR SERVICES, AND RECEIPT OF COMPLAINTS RELATING TO  FRAUD  AND
OTHER RELATED CRIMES AGAINST IMMIGRANTS;
  (I)  ENSURE  THAT  INDIVIDUALS  REFERRED BY THE OFFICE ARE DIRECTED TO
SERVICE PROVIDERS WHO ARE IN COMPLIANCE WITH ARTICLE  TWENTY-EIGHT-C  OF
THE  GENERAL  BUSINESS LAW OR PROVIDERS CERTIFIED BY THE BUREAU OF IMMI-
GRATION APPEALS;
  (J) USING INFORMATION DEVELOPED BY THE  OFFICE  THROUGH  THE  HOTLINE,
ASSIST LAW ENFORCEMENT IN COMBATTING CRIMES AGAINST IMMIGRANTS;
  (K)  ADVISE  THE  GOVERNOR  AND SECRETARY CONCERNING MATTERS AFFECTING
IMMIGRANTS IN THE STATE IN ORDER  TO  PROMOTE  AND  ENCOURAGE  THE  FULL
PARTICIPATION OF IMMIGRANTS IN THE STATE'S CIVIC AND ECONOMIC LIFE;
  (L)  COORDINATE  WITH  OTHER  STATE AGENCIES AND OTHERWISE MARSHAL THE
RESOURCES OF THE STATE TO SERVE THE NEEDS OF IMMIGRANTS;
  (M) ENCOURAGE AND ASSIST  LOCAL  GOVERNMENTS  IN  THE  DEVELOPMENT  OF
ACTIVITIES TO ENHANCE CIVIC ENGAGEMENT AMONG IMMIGRANTS AND IN IMMIGRANT
COMMUNITIES; AND

S. 6732--A                          9

  (N) BEGINNING IN TWO THOUSAND FIFTEEN, BY JUNE FIFTEENTH OF EACH YEAR,
PRODUCE  A  REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, AND THE
TEMPORARY PRESIDENT OF THE  SENATE  DESCRIBING  THE  ACTIVITIES  OF  THE
OFFICE, INCLUDING BUT NOT LIMITED TO, SUMMARIZING CALLS RECEIVED THROUGH
THE  HOTLINE AND WEBSITE, INFORMATION ON ESOL TRAINING SERVICES PROVIDED
BY THE OFFICE, THE NUMBER OF IMMIGRANTS ASSISTED THROUGH THE OPPORTUNITY
CENTERS, OR AN ESTIMATION THEREOF, THE STATUS OF ANY WORKFORCE  DEVELOP-
MENT PROGRAMS, AND ANY OTHER RELEVANT INFORMATION.
  S  7.  The penal law is amended by adding a new section 190.87 to read
as follows:
S 190.87 IMMIGRANT ASSISTANT SERVICES FRAUD IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF  IMMIGRANT  ASSISTANCE  SERVICES  FRAUD  IN  THE
SECOND  DEGREE WHEN, WITH INTENT TO DEFRAUD ANOTHER PERSON SEEKING IMMI-
GRANT ASSISTANCE SERVICES, AS DEFINED IN  ARTICLE TWENTY-EIGHT-C OF  THE
GENERAL  BUSINESS LAW, FROM SUCH PERSON, HE OR SHE VIOLATES SECTION FOUR
HUNDRED SIXTY-D OF THE GENERAL BUSINESS LAW WITH INTENT TO OBTAIN  PROP-
ERTY  FROM SUCH OTHER PERSON BY FALSE OR FRAUDULENT PRETENSES, REPRESEN-
TATIONS OR PROMISES, AND THEREBY WRONGFULLY OBTAINS SUCH PROPERTY.
  IMMIGRANT ASSISTANCE SERVICES FRAUD IN THE SECOND DEGREE IS A CLASS  A
MISDEMEANOR.
  S  8.  The penal law is amended by adding a new section 190.89 to read
as follows:
S 190.89 IMMIGRANT ASSISTANCE SERVICES FRAUD IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF IMMIGRANT ASSISTANCE SERVICES FRAUD IN THE FIRST
DEGREE WHEN, WITH INTENT TO DEFRAUD  ANOTHER  PERSON  SEEKING  IMMIGRANT
ASSISTANCE SERVICES, AS DEFINED IN ARTICLE TWENTY-EIGHT-C OF THE GENERAL
BUSINESS  LAW, FROM SUCH PERSON, HE OR SHE VIOLATES SECTION FOUR HUNDRED
SIXTY-D OF THE GENERAL BUSINESS LAW WITH INTENT TO OBTAIN PROPERTY  FROM
SUCH  OTHER  PERSON BY FALSE OR FRAUDULENT PRETENSES, REPRESENTATIONS OR
PROMISES, AND THEREBY WRONGFULLY OBTAINS SUCH PROPERTY WITH A  VALUE  IN
EXCESS OF ONE THOUSAND DOLLARS.
  IMMIGRANT  ASSISTANCE  SERVICES FRAUD IN THE FIRST DEGREE IS A CLASS E
FELONY.
  S 9. This act shall take effect on the one hundred eightieth day after
it shall have become a law.  Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be  made  and
completed on or before such effective date.

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