S T A T E O F N E W Y O R K
________________________________________________________________________
8074
2017-2018 Regular Sessions
I N A S S E M B L Y
May 25, 2017
___________
Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Economic Development
AN ACT to amend the general business law, in relation to immigration
assistance services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 460-a of the general business law, as amended by
chapter 206 of the laws of 2014, is amended to read as follows:
§ 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 [citizenship and immigration services, the United States] depart-
ment of homeland security, THE UNITED STATES DEPARTMENT OF JUSTICE, 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
at nominal fees as defined by the [federal board of immigration appeals]
UNITED STATES DEPARTMENT OF JUSTICE, and the employees of such organiza-
tion when acting within the scope of such employment; (c) any TAX
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11295-01-7
A. 8074 2
EXEMPT, NOT-FOR-PROFIT organization recognized by the [federal board of
immigration appeals] UNITED STATES DEPARTMENT OF JUSTICE that provides
services via representatives accredited by [such board] THE DEPARTMENT
to appear before the United States citizenship 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] DEPARTMENT, AND ANY DULY ACCREDITED EMPLOYEE OF SUCH ORGANIZA-
TION ACTING WITHIN THE SCOPE OF HIS OR HER EMPLOYMENT; (d) any author-
ized 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 immigration-related proceeding under
federal law for which federal law or regulation establishes such indi-
vidual's authority to appear; OR (F) ANY ELECTED OFFICIAL WHO, ACTING
WITHIN THE SCOPE OF HIS OR HER OFFICIAL CAPACITY, WITHOUT A FEE OR OTHER
PAYMENT MAKES INQUIRIES ON BEHALF OF AN INDIVIDUAL TO ANY GOVERNMENTAL
AUTHORITY RESPONSIBLE FOR ADMINISTERING ANY PROGRAM LAW OR REGULATION
AFFECTING THE NON-IMMIGRANT, IMMIGRANT OR CITIZENSHIP STATUS OF A
PERSON.
§ 2. Section 460-b of the general business law, as amended by chapter
206 of the laws of 2014, is amended to read as follows:
§ 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. 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 IMMEDIATELY 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 more than three days after [it was signed]
EXECUTION, or within three days after [it was signed] EXECUTION 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] FONT and shall include the following:
(a) The name, address and telephone number of the provider.
(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.
(c) A statement that original documents [required to be] submitted in
connection with an application FOR AN IMMIGRATION-RELATED BENEFIT made
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to [the United States citizenship and immigration services or for other
certifications, benefits or services provided by government] ANY GOVERN-
MENTAL ENTITY, may not be retained by the [immigrant assistance service]
provider for any reason, including failure of the customer to pay fees
or costs or other fee dispute.
(d) A STATEMENT THAT THE PROVIDER SHALL GIVE THE CUSTOMER A SIGNED
FORM AFFIRMING RECEIPT OF EACH ORIGINAL DOCUMENT, AS WELL AS A COMPLETE
COPY OF SUCH DOCUMENT, IMMEDIATELY UPON TAKING POSSESSION OF SUCH
ORIGINAL DOCUMENT FOR SUBMISSION OR ANY OTHER PURPOSE.
(E) A statement that the provider shall give the customer a copy of
each document prepared with the provider's assistance.
[(e)] (F) A statement that the customer is not required to obtain
supporting documents through the immigrant assistance service provider,
and may obtain such documents himself or herself, along with the state-
ment: "The U.S. government provides information on required forms and
documentation for free online and by phone".
[(f)] (G) 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 may be made by completing the cancellation form included in
this contract, or otherwise notifying the provider in writing and deliv-
ering such form or notification to the provider in person or by United
States mail to (specify address). If you cancel this contract you will
get back any documents you submitted to the provider".
[(g)] (H) Each contract shall contain a separate final page titled
"Cancellation Form." The cancellation form shall contain the following
statement: "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 signa-
ture and date line. Below the signature and date line, the form shall
contain the statement required by paragraph [(h)] (I) of this subdivi-
sion, printed in twelve point FONT or larger [text].
[(h)] (I) A statement that the [immigrant assistance 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.
[(i)] (J) 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] UNITED STATES DEPART-
MENT OF JUSTICE to provide representation to you before [the 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] THE FEDERAL GOVERNMENT or any immi-
gration [authorities] AUTHORITY 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] MOST
RECENT AND ACCURATE INFORMATION REQUIRED BY THIS PARAGRAPH.
[(j)] (K) The statement: "The individual providing assistance to you
under this contract is prohibited from disclosing any OF YOUR PERSONAL
information [about you] to, or [filing] SUBMITTING any forms or docu-
ments on your behalf with, immigration or other authorities without your
A. 8074 4
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 disclosure or filing was required by law and
done without the knowledge and consent of the customer.
[(k)] (L) The statement: "A copy of all forms completed and documents
accompanying the forms shall be kept by the service provider for three
years. A copy of the customer's file shall be provided to the customer
on demand and without fee."
[(l)] (M) On the same page as the signature line, the statement: "The
individual providing assistance to you under the terms of this contract
must explain the contents of this contract to you and answer any ques-
tions about it that you may have REGARDING THE TERMS OF THIS CONTRACT."
(N) EACH CONTRACT SHALL CONTAIN THE DIVISION OF CONSUMER'S PROTECTIONS
PUBLICLY AVAILABLE "CONSUMER BILL OF RIGHTS" ON A SEPARATE PAGE. THE
PROVIDER SHALL BE RESPONSIBLE FOR PROVIDING THE MOST RECENT VERSION OF
THE DOCUMENT AVAILABLE ON THE DIVISION OF CONSUMER'S PROTECTION WEBSITE.
§ 3. Section 460-c of the general business law, as amended by chapter
206 of the laws of 2014, is amended to read as follows:
§ 460-c. Required notices. 1. Posting of signs. Every provider shall
post signs CONSPICUOUSLY, 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.
(a) One sign shall be at least eleven inches by seventeen inches, and
shall contain the following in not less than sixty point [type] FONT:
"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] UNITED STATES DEPARTMENT OF JUSTICE TO PROVIDE
REPRESENTATION TO YOU BEFORE THE UNITED STATES CITIZENSHIP AND IMMI-
GRATION SERVICES, THE DEPARTMENT OF JUSTICE, 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). 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 ATTORNEY OR PROSECUTOR'S OFFICE AT
(phone number of the local district attorney IN THE COUNTY WHERE THE
PROVIDER PROVIDES SERVICES)." The service provider shall be responsible
for providing the accurate and up-to-date phone numbers required on such
sign.
(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."
2. (A) Notice in advertisements. Every provider who advertises immi-
grant 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 OFFERING TO PROVIDE IMMIGRANT ASSISTANCE SERVICES IS NOT
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AN ATTORNEY LICENSED TO PRACTICE LAW OR ACCREDITED BY THE [BOARD OF
IMMIGRATION APPEALS] UNITED STATES DEPARTMENT OF JUSTICE TO PROVIDE
REPRESENTATION BEFORE THE UNITED STATES CITIZENSHIP AND IMMIGRATION
SERVICES, THE DEPARTMENT OF HOMELAND SECURITY, THE DEPARTMENT OF
JUSTICE, 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."
(B) NO ADVERTISEMENT FOR IMMIGRATION ASSISTANCE SERVICES MAY EXPRESSLY
OR IMPLICITLY GUARANTEE ANY PARTICULAR GOVERNMENTAL ACTION, INCLUDING
BUT NOT LIMITED TO THE GRANTING OF EMPLOYMENT AUTHORIZATION, LAWFUL
PERMANENT RESIDENT STATUS OR CITIZENSHIP.
§ 4. Section 460-d of the general business law, as amended by chapter
206 of the laws of 2014, is amended to read as follows:
§ 460-d. Prohibited acts. No provider shall:
1. Give ANY legal advice CONCERNING AN IMMIGRATION MATTER, INCLUDING
SELECTING, OR ADVERTISING THE CUSTOMER ON SELECTING A GOVERNMENTAL AGEN-
CY FORM IN ORDER TO APPLY FOR AN IMMIGRATION-RELATED BENEFIT, or other-
wise 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 special-
ist" or "immigration consultant," that could cause a customer to 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 "notary
public."
3. State or imply that the provider can or will obtain special favors
from or has special influence with the United States citizenship and
immigration services, the United States department of Homeland Security,
the executive office for Immigration review or any other governmental
entity.
4. Threaten to report the customer to immigration or other authorities
or threaten to undermine in any way the customer's immigration status or
attempt to secure lawful status.
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.
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] MAKE A DETERMINATION OF, OR
ADVISE ABOUT, A PERSON'S IMMIGRATION STATUS, INCLUDING ADVISING HIM OR
HER ON HOW TO RESPOND TO QUESTIONS ON A GOVERNMENTAL FORM REGARDING SUCH
DETERMINATION.
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.
8. Fail to provide customers with copies of documents [filed with]
SUBMITTED TO, OR RECEIVED FROM, a governmental entity WITHIN TWO WEEKS
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OF SUBMISSION OR RECEIPT 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
assistance service] provider and the customer.
9. FAIL TO PROVIDE THE CUSTOMER WITH A SIGNED FORM AFFIRMING RECEIPT
OF AN ORIGINAL DOCUMENT, AS WELL AS A COMPLETE COPY OF SUCH DOCUMENT,
IMMEDIATELY UPON TAKING POSSESSION OF SUCH ORIGINAL DOCUMENT FOR
SUBMISSION OR ANY OTHER PURPOSE.
10. Make any misrepresentation or false statement, directly or indi-
rectly.
[10.] 11. Make any guarantee or promise to a customer, unless there is
a basis in fact for such representation, SUCH REPRESENTATION DOES NOT
RELATE TO ELIGIBILITY FOR AN IMMIGRATION-RELATED BENEFIT, and the guar-
antee or promise is in writing AND ATTACHED TO THE SERVICE CONTRACT.
[11.] 12. 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.] 13. For a fee or other compensation refer a customer to an
attorney or any other individual or entity that can provide services
that the [immigrant assistance service] provider cannot provide.
[13.] 14. Give advice on the determination of a person's immigration
status, including advising him or her as to answers on a government form
regarding such determination.
[14.] 15. 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.
[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.]
16. PROVIDE INFORMATION TO ANY PERSON ABOUT HIS OR HER, OR HIS OR HER
FAMILY MEMBER'S POTENTIAL ELIGIBILITY FOR A PARTICULAR IMMIGRATION-RE-
LATED BENEFIT OR STATUS, OR OTHER GOVERNMENTAL BENEFIT, WITH THE INTENT
TO INDUCE SUCH PERSON TO EMPLOY THE SERVICES OF SUCH PROVIDER, REGARD-
LESS OF WHETHER THE INFORMATION IS TRUE OR FALSE.
17. DISCLOSE ANY INFORMATION TO, OR SUBMIT ANY FORMS OR DOCUMENTS
WITH, ANY THIRD PARTY, INCLUDING IMMIGRATION OR OTHER AUTHORITIES, ON
BEHALF OF OR RELATING TO THE CUSTOMER WITHOUT THE KNOWLEDGE AND CONSENT
OF THE CUSTOMER EXCEPT WHERE SUCH DISCLOSURE OR SUCH SUBMISSION IS
REQUIRED BY LAW. A PROVIDER SHALL NOTIFY THE CUSTOMER IN WRITING WHEN
SUCH PROVIDER HAS DISCLOSED ANY INFORMATION TO OR SUBMITTED ANY FORM OR
DOCUMENT WITH IMMIGRATION OR OTHER AUTHORITIES WHEN SUCH DISCLOSURE OR
SUBMISSION WAS REQUIRED BY LAW AND PERFORMED WITHOUT THE KNOWLEDGE AND
CONSENT OF THE CUSTOMER.
§ 5. Section 460-f of the general business law, as amended by chapter
206 of the laws of 2014, is amended to read as follows:
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§ 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] A
provider OF IMMIGRATION ASSISTANCE SERVICES, a bond, contract of indem-
nity, or irrevocable letter of credit, payable to the people of the
state of New York, in the principal amount of fifty thousand dollars;
provided, however, that every provider that receives in excess of two
hundred fifty thousand dollars in total fees and other compensation for
providing immigrant assistance service during any twelve-month period
shall maintain in full force and effect a bond, contract of indemnity,
or irrevocable letter of credit, payable to the people of the state of
New York, in the principal amount of twenty percent of such total fees
and compensation. Such surety shall be for the benefit of any customer
who does not receive a refund of fees from the provider to which he or
she is entitled, or is otherwise injured by the provider. The attorney
general on behalf of the customer or the customer in his or her own
name, may maintain an action against the provider and the surety.
§ 6. The general business law is amended by adding four new sections
460-l, 460-m, 460-n and 460-o to read as follows:
§ 460-L. REPORTING. 1. IN CONJUNCTION WITH THE DIVISION OF IMMIGRATION
POLICIES AND AFFAIRS, THE DIRECTOR OF THE DIVISION OF CONSUMER
PROTECTION SHALL PREPARE AND SUBMIT TO THE DIVISION OF IMMIGRATION POLI-
CIES AND AFFAIRS, THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,
AND THE SPEAKER OF THE ASSEMBLY A REPORT THAT INCLUDES THE FOLLOWING
INFORMATION RELATED TO PROVIDERS OF IMMIGRATION ASSISTANCE SERVICES:
(A) THE NUMBER OF COMPLAINTS RECEIVED RELATED TO PROVIDERS OF IMMI-
GRATION ASSISTANCE SERVICES, DISAGGREGATED BY SOURCE AND TYPE;
(B) THE NUMBER OF PROACTIVE INVESTIGATIONS THAT DO NOT STEM FROM A
COMPLAINT CONDUCTED BY THE DIVISION;
(C) THE NUMBER OF VIOLATIONS ISSUED, DISAGGREGATED BY TYPE;
(D) THE NUMBER OF THE VIOLATIONS ISSUED THAT ORIGINATED WITH A CONSUM-
ER COMPLAINT;
(E) THE NUMBER OF VIOLATIONS ISSUED AS A RESULT OF A PROACTIVE INVES-
TIGATION BY THE DIVISION;
(F) THE LENGTH OF TIME THE DIVISION REQUIRED TO INVESTIGATE AND DETER-
MINE WHETHER TO ISSUE A VIOLATION FOR EACH COMPLAINT RECEIVED;
(G) A DESCRIPTION OF THE DIVISION'S EFFORTS TO PROACTIVELY INVESTIGATE
PROVIDERS OF IMMIGRATION ASSISTANCE SERVICES;
(H) A DESCRIPTION OF THE DIVISION'S EFFORTS TO COLLABORATE WITH OTHER
LAW ENFORCEMENT AGENCIES ON INVESTIGATION, ENFORCEMENT, AND COMMUNITY
EDUCATION EFFORTS; AND
(I) A DESCRIPTION OF CHANGING TRENDS IN THE PROVISION OF SERVICES AND
COMMON FRAUDULENT SCHEMES.
2. SUCH REPORT SHALL BE SUBMITTED ON OR BEFORE OCTOBER FIRST, TWO
THOUSAND SEVENTEEN AND EVERY SIX MONTHS THEREAFTER UNTIL THE YEAR TWO
THOUSAND TWENTY, AND SHALL INCLUDE THE INFORMATION REQUIRED BY SUBDIVI-
SION ONE OF THIS SECTION AS IT RELATES TO THE SIX MONTH PERIOD PRIOR TO
THE SUBMISSION OF SUCH REPORT.
§ 460-M. COMMUNITY OUTREACH AND EDUCATION. IN CONJUNCTION WITH THE
MAYOR'S OFFICE OF IMMIGRANT AFFAIRS, THE DEPARTMENT SHALL ENGAGE IN
COMMUNITY OUTREACH AND EDUCATION EFFORTS TO RAISE AWARENESS ABOUT TOPICS
INCLUDING BUT NOT LIMITED TO COMMON FRAUDULENT SCHEMES COMMITTED BY
PROVIDERS OF IMMIGRATION ASSISTANCE SERVICES AND THE DEPARTMENT'S
COMPLAINT MECHANISMS AND SERVICES.
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§ 460-N. CONSUMER BILL OF RIGHTS. A. IN CONJUNCTION WITH THE DIVISION
OF IMMIGRATION POLICIES AND AFFAIRS, THE DIVISION OF CONSUMER PROTECTION
SHALL CREATE A "CONSUMER BILL OF RIGHTS" FOR CUSTOMERS SEEKING ASSIST-
ANCE FROM PROVIDERS OF IMMIGRATION ASSISTANCE SERVICES. SUCH BILL OF
RIGHTS SHALL BE POSTED ON THE DIVISION'S WEBSITE IN ENGLISH, AS WELL AS
IN THE TOP SIX LIMITED ENGLISH PROFICIENCY LANGUAGES SPOKEN BY THE POPU-
LATION OF THE UNITED STATES BASED ON UNITED STATES CENSUS DATA.
§ 460-O. SEVERABILITY. IF ANY SECTION, SUBSECTION, SENTENCE, CLAUSE,
PHRASE OR OTHER PORTION OF THIS ARTICLE IS, FOR ANY REASON, DECLARED
UNCONSTITUTIONAL OR INVALID, IN WHOLE OR IN PART, BY ANY COURT OF COMPE-
TENT JURISDICTION, SUCH PORTION SHALL BE DEEMED SEVERABLE, AND SUCH
UNCONSTITUTIONALITY OR INVALIDITY SHALL NOT AFFECT THE VALIDITY OF THE
REMAINING PORTIONS OF THIS LAW, WHICH SHALL CONTINUE IN FULL FORCE AND
EFFECT.
§ 7. This act shall take effect immediately.