Assembly Bill A8974B

Signed By Governor
2013-2014 Legislative Session

Relates to implementing the immigrant assistance service enforcement act; creates the office of new Americans; and establishes crime of immigrant assistance fraud

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Archive: Last Bill Status - Signed by Governor


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

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Bill Amendments

co-Sponsors

multi-Sponsors

2013-A8974 - Details

See Senate Version of this Bill:
S6732
Law Section:
General Business Law
Laws Affected:
Amd Gen Bus L, generally; add §94-b, Exec L; add §§190.87 & 190.89, Pen L

2013-A8974 - 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.

2013-A8974 - Bill Text download pdf

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

                                  8974

                          I N  A S S E M B L Y

                              March 6, 2014
                               ___________

Introduced  by M. of A. CRESPO, RAMOS, MOYA, SEPULVEDA, WEPRIN, SCARBOR-
  OUGH, PERRY, GUNTHER, ARROYO, RIVERA, DAVILA, HEASTIE  --  Multi-Spon-
  sored  by  --  M.  of A. GOTTFRIED, HOOPER, JACOBS, MILLER, MONTESANO,
  TITONE, WEINSTEIN -- read  once  and  referred  to  the  Committee  on
  Governmental Operations

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14270-02-4
              

co-Sponsors

multi-Sponsors

2013-A8974A - Details

See Senate Version of this Bill:
S6732
Law Section:
General Business Law
Laws Affected:
Amd Gen Bus L, generally; add §94-b, Exec L; add §§190.87 & 190.89, Pen L

2013-A8974A - 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.

2013-A8974A - Bill Text download pdf

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

                                 8974--A

                          I N  A S S E M B L Y

                              March 6, 2014
                               ___________

Introduced  by M. of A. CRESPO, RAMOS, MOYA, SEPULVEDA, WEPRIN, SCARBOR-
  OUGH, PERRY, GUNTHER, ARROYO, RIVERA, DAVILA, HEASTIE  --  Multi-Spon-
  sored  by  --  M.  of A. GOTTFRIED, HOOPER, JACOBS, MILLER, MONTESANO,
  TITONE, WEINSTEIN -- read  once  and  referred  to  the  Committee  on
  Governmental  Operations  -- reported and referred 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; 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

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

co-Sponsors

multi-Sponsors

2013-A8974B (ACTIVE) - Details

See Senate Version of this Bill:
S6732
Law Section:
General Business Law
Laws Affected:
Amd Gen Bus L, generally; add §94-b, Exec L; add §§190.87 & 190.89, Pen L

2013-A8974B (ACTIVE) - 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.

2013-A8974B (ACTIVE) - Bill Text download pdf

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

                                 8974--B

                          I N  A S S E M B L Y

                              March 6, 2014
                               ___________

Introduced  by M. of A. CRESPO, RAMOS, MOYA, SEPULVEDA, WEPRIN, SCARBOR-
  OUGH, PERRY, GUNTHER, ARROYO, RIVERA, DAVILA, HEASTIE  --  Multi-Spon-
  sored  by  --  M.  of A. GOTTFRIED, HOOPER, JACOBS, MILLER, MONTESANO,
  TITONE, WEINSTEIN -- read  once  and  referred  to  the  Committee  on
  Governmental  Operations  -- reported and referred to the Committee on
  Codes -- committee discharged,  bill  amended,  ordered  reprinted  as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted 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

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

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