S T A T E O F N E W Y O R K
________________________________________________________________________
5774
2015-2016 Regular Sessions
I N A S S E M B L Y
March 4, 2015
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Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Economic Development
AN ACT to amend the general business law, in relation to immigration
providers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
460-l to read as follows:
S 460-L. LICENSES. 1. THE DEPARTMENT OF STATE SHALL ISSUE LICENSES TO
IMMIGRATION PROVIDERS AND, UPON APPLICATION, TO ISSUE RENEWAL LICENSES
EVERY TWO YEARS. THE SECRETARY OF STATE SHALL ENFORCE THE PROVISIONS OF
THIS ARTICLE GOVERNING THE FILING AND MAINTENANCE OF SURETY BONDS AND
THE APPLICATION FOR LICENSURE AND/OR RENEWAL.
2. NO PERSON SHALL ENGAGE IN THE BUSINESS OF IMMIGRANT ASSISTANCE
SERVICE AS DEFINED IN SECTION FOUR HUNDRED SIXTY-A OF THIS ARTICLE, OR
ADVERTISE HIS OR HER BUSINESS TO BE THAT OF IMMIGRATION PROVIDER WITHOUT
HAVING FIRST OBTAINED FROM THE DEPARTMENT OF STATE A LICENSE TO DO SO,
PURSUANT TO THIS ARTICLE.
3. NO PERSON SHALL DISSEMINATE BY ANY MEANS ANY STATEMENT INDICATING
DIRECTLY OR BY IMPLICATION THAT THE PERSON ENGAGES IN THE BUSINESS OF
IMMIGRANT ASSISTANCE SERVICE AS DEFINED IN SECTION FOUR HUNDRED SIXTY-A
OF THIS ARTICLE OR ACTS IN THE CAPACITY OF AN IMMIGRATION PROVIDER, OR
PROPOSES TO ENGAGE IN THE BUSINESS OR ACT IN THE CAPACITY OF AN IMMI-
GRATION PROVIDER, UNLESS THE PERSON HAS ON FILE WITH THE SECRETARY OF
STATE A BOND AND LICENSE, IN THE AMOUNT AND SUBJECT TO THE TERMS
DESCRIBED IN SECTION FOUR HUNDRED SIXTY-F OF THIS ARTICLE.
4. ANY PERSON INTENDING TO ENGAGE, AS AN IMMIGRATION PROVIDER, IN ANY
ONE OR MORE OF THE ACTIVITIES SET FORTH IN THIS ARTICLE SHALL FILE WITH
THE DEPARTMENT OF STATE A WRITTEN APPLICATION AND DISCLOSURE, ON FORMS
PROVIDED BY THE DEPARTMENT OF STATE, CONTAINING SUCH INFORMATION AND
DOCUMENTATION TO BE RETAINED BY THE SECRETARY OF STATE AS THE SECRETARY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04885-01-5
A. 5774 2
OF STATE MAY REQUIRE BY RULE AND REGULATION, INCLUDING BUT NOT LIMITED
TO: (A) NAME, DATE OF BIRTH, RESIDENCE ADDRESS, BUSINESS ADDRESS, RESI-
DENCE TELEPHONE NUMBER, AND BUSINESS TELEPHONE NUMBER; (B) EXPERIENCE
THE PROVIDER HAS HAD WITH IMMIGRATION; (C) PLACES OF BUSINESS AND
EMPLOYEES, IF ANY; (D) NAME AND ADDRESS OF THE PROVIDER'S AGENT FOR
SERVICE OF PROCESS IF ONE IS REQUIRED OR HAS BEEN APPOINTED AND, IF
APPLICABLE, THE NAME, BUSINESS ADDRESS, BUSINESS TELEPHONE AND AGENT FOR
SERVICE OF PROCESS OF THE CORPORATION OR PARTNERSHIP EMPLOYING THE IMMI-
GRATION PROVIDER; (E) A RECORD OF ANY PRIOR CONVICTIONS UNDER THIS ARTI-
CLE. THE SECRETARY OF STATE SHALL DEVELOP THE DISCLOSURE FORM REQUIRED
TO FILE AN APPLICATION AND BOND PURSUANT TO THIS SECTION AND SECTION
FOUR HUNDRED SIXTY-F OF THIS ARTICLE.
5. THE SECRETARY OF STATE SHALL CHARGE AND COLLECT A FILING FEE AT THE
TIME OF APPLICATION AND/OR RENEWAL TO COVER THE COST OF FILING THE BOND
REQUIRED BY SECTION FOUR HUNDRED SIXTY-F OF THIS ARTICLE.
S 2. Section 460-h of the general business law, as amended by chapter
206 of the laws of 2014, is amended to read as follows:
S 460-h. Enforcement. 1. Upon any violation of this article, an appli-
cation may be made by the attorney general in the name of the people of
the state to a court having jurisdiction to issue an injunction, and
upon notice to the respondent of not fewer than five days, to enjoin and
restrain the continuance of the violation. If it shall appear to the
satisfaction of the court or justice that the defendant has, in fact,
violated this article, an injunction may be issued by such court or
justice, enjoining and restraining any further violation, without
requiring proof that any person has, in fact, been injured or damaged
thereby. In any such proceeding, the court may make allowances to the
attorney general as provided in paragraph six of subdivision (a) of
section eighty-three hundred three of the civil practice law and rules,
and direct restitution. Whenever the court shall determine that a
violation of this article has occurred, the court may impose a civil
penalty of not more than ten thousand dollars for each violation.
2. A PERSON CLAIMING TO BE AGGRIEVED BY ANY VIOLATION OF THIS ARTICLE
BY AN IMMIGRATION PROVIDER MAY BRING A CIVIL ACTION FOR INJUNCTIVE
RELIEF, DAMAGES OR BOTH. THE COURT SHALL GRANT A PREVAILING PLAINTIFF
REASONABLE ATTORNEYS' FEES AND COSTS. ANY RECOVERY OR PROCEEDING IN A
CIVIL ACTION SHALL NOT PRECLUDE AN ACTION BY THE ATTORNEY GENERAL OR
DISTRICT ATTORNEY TO PURSUE CRIMINAL CHARGES AGAINST AN IMMIGRATION
PROVIDER. MINIMAL RECOVERY FOR THE PLAINTIFF SHALL BE FIVE THOUSAND
DOLLARS.
S 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided, however,
that if chapter 206 of the laws of 2014 shall not have taken effect on
or before such date then this act shall take effect on the same date and
in the same manner as such chapter of the laws of 2014 takes effect;
provided, further, however that effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized and
directed to be made and completed on or before such effective date.