AVELLA, KRUEGER, LATIMER, PARKER, PERKINS, SAMPSON, SMITH
MLTSPNSR
Amd Gen Bus L, generally; add S94-b, Exec L; add SS190.87 & 190.89, Pen L
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.
STATE OF NEW YORK
________________________________________________________________________
6732--A
IN SENATE
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:
1 Section 1. This act shall be known and may be cited as the "immigrant
2 assistance service enforcement act".
3 § 2. Section 460-a of the general business law, as added by chapter
4 463 of the laws of 2004, is amended to read as follows:
5 § 460-a. Definitions and applicability. For the purpose of this arti-
6 cle the following terms shall have the following meanings:
7 1. "Immigrant assistance service" means providing assistance, for a
8 fee or other compensation, to persons who have, or plan to, come to the
9 United States from a foreign country, or their representatives, in
10 relation to any proceeding, filing or action affecting the non-immi-
11 grant, immigrant or citizenship status of a person which arises under
12 the immigration and nationality law, executive order or presidential
13 proclamation, or which arises under actions or regulations of the United
14 States [bureau of] citizenship and immigration services, the United
15 States department of homeland security, the United States department of
16 labor, or the United States department of state.
17 2. "Provider" means any person, including but not limited to a corpo-
18 ration, partnership, limited liability company, sole proprietorship or
19 natural person, that provides immigrant assistance services, but shall
20 not include (a) any person duly admitted to practice law in this state
21 and any person working directly under the supervision of the person
22 admitted; (b) any not-for-profit tax exempt organization that provides
23 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
1 at nominal fees as defined by the federal board of immigration appeals,
2 and the employees of such organization when acting within the scope of
3 such employment; (c) any organization recognized by the federal board of
4 immigration appeals that provides services via representatives accred-
5 ited by such board to appear before the [bureau of] United States citi-
6 zenship and immigration services and/or executive office for immigration
7 review, that does not charge a fee or charges nominal fees as defined by
8 the board of immigration appeals; [or] (d) any authorized agency under
9 subdivision ten of section three hundred seventy-one of the social
10 services law and the employees of such organization when acting within
11 the scope of such employment; or (e) any individual providing represen-
12 tation in an immigration-related proceeding under federal law for which
13 federal law or regulation establishes such individual's authority to
14 appear.
15 § 3. Sections 460-b, 460-c, 460-d, 460-e, 460-f, 460-g and 460-i of
16 the general business law, as added by chapter 463 of the laws of 2004,
17 are amended and a new section 460-g is added to read as follows:
18 § 460-b. Immigrant assistance service contracts. 1. No immigrant
19 assistance service shall be provided until the customer has executed a
20 written contract with the immigrant assistant service provider [who will
21 provide such services]. The contract shall be in a language understood
22 by the customer, either alone or with the assistance of an available
23 interpreter, and, if that language is not English, an English language
24 version of the contract must also be provided. A copy of the contract
25 shall be provided to the customer upon the customer's execution of the
26 contract. The interpreter shall provide an attestation affirming the
27 accuracy of his or her translation, to be attached to the contract.
28 2. (a) The customer has the right to cancel the contract within three
29 business days after his or her execution of the contract, without fee or
30 penalty. The right to cancel the contract within three days without
31 payment of any fee may be waived when services must be provided imme-
32 diately to avoid a forfeiture of eligibility or other loss of rights or
33 privileges, and the customer furnishes the provider with a separate
34 dated and signed statement, by the customer or his or her represen-
35 tative, describing the need for services to be provided within three
36 days and expressly acknowledging and waiving the right to cancel the
37 contract within three days.
38 (b) The contract may be cancelled at any time after execution. If the
39 contract is cancelled [after] more than three days after it was signed,
40 or within three days after it was signed if the right to cancel without
41 fee has been waived, the provider may retain fees for services rendered,
42 and any additional amounts actually expended on behalf of the customer.
43 All other amounts must be returned to the customer within fifteen days
44 after cancellation.
45 3. The written contract shall be in plain language, in at least twelve
46 point type and shall include the following:
47 [1.] (a) The name, address and telephone number of the provider.
48 [2.] (b) Itemization of all services to be provided to the customer,
49 as well as the fees and costs to be charged to the customer for each
50 service.
51 [3.] (c) A statement that original documents required to be submitted
52 in connection with an application made to the [federal bureau of] United
53 States citizenship and immigration services or for other certifications,
54 benefits or services provided by government may not be retained by the
55 immigrant assistance service provider for any reason, including [payment
56 of] failure of the customer to pay fees or costs or other fee dispute.
S. 6732--A 3
1 [4.] (d) A statement that the provider shall give the customer a copy
2 of each document [filed with a governmental entity] prepared with the
3 provider's assistance.
4 [5.] (e) A statement that the customer is not required to obtain
5 supporting documents through the immigrant assistance service provider,
6 [but] and may obtain such documents himself or herself, along with the
7 statement: "The U.S. government provides information on required forms
8 and documentation for free online and by phone".
9 [6.] (f) The statement: "You may cancel this contract at any time.
10 You have three (3) business days to cancel this contract without fee or
11 penalty and get back any fees that you have already paid. Notice of
12 cancellation [must be in writing, signed by you and mailed by registered
13 or certified] may be made by completing the cancellation form included
14 in this contract, or otherwise notifying the provider in writing and
15 delivering such form or notification to the provider in person or by
16 United States mail to (specify address). If you cancel this contract
17 [within three days,] you will get back [your] any documents [and any
18 fees that you paid] you submitted to the provider".
19 (g) Each contract shall contain a separate final page titled "Cancel-
20 lation Form." The cancellation form shall contain the following state-
21 ment: "I hereby cancel the contract of (date of contract) between (name
22 of provider, address of provider, and phone number of provider) and
23 (name of customer)." Below the statement shall be a customer signature
24 and date line. Below the signature and date line, the form shall contain
25 the statement required by paragraph (h) of this subdivision, printed in
26 twelve point or larger text.
27 [7.] (h) A statement that the [immigration services] immigrant assist-
28 ance service provider has financial surety in effect for the benefit of
29 any customer in the event that the customer is owed a refund, or is
30 damaged by the actions of the provider, together with the name, address
31 and telephone number of the surety.
32 [8.] (i) The statement: "The individual providing assistance to you
33 under this contract is not an attorney licensed to practice law or
34 accredited by the board of immigration appeals to provide representation
35 to you before the [bureau of] United States citizenship and immigration
36 services, the department of homeland security, the executive office for
37 immigration review, the department of labor, the department of state or
38 any immigration authorities and may not give legal advice or accept fees
39 for legal advice["]. For a free legal referral call the office for new
40 Americans hotline at (phone number of the office for new Americans), the
41 New York state office of the attorney general at (phone number of the
42 office of the attorney general), or your local district attorney or
43 prosecutor." The service provider shall be responsible for providing
44 the accurate and up-to-date phone numbers required in such statement.
45 [9.] (j) The statement: "The individual providing assistance to you
46 under this contract is prohibited from disclosing any information about
47 you to, or filing any forms or documents on your behalf with, immi-
48 gration or other authorities without your knowledge and consent except
49 as required by law." A provider shall promptly notify the customer in
50 writing when such provider has disclosed any information to or filed any
51 form or document with immigration or other authorities when such disclo-
52 sure or filing was required by law and done without the knowledge and
53 consent of the customer.
54 [10.] (k) The statement: "A copy of all forms completed and documents
55 accompanying the forms shall be kept by the service provider for three
S. 6732--A 4
1 years. A copy of the [customers] customer's file shall be provided to
2 the [client] customer on demand and without fee."
3 (l) On the same page as the signature line, the statement: "The indi-
4 vidual providing assistance to you under the terms of this contract must
5 explain the contents of this contract to you and answer any questions
6 about it that you may have."
7 § 460-c. Required notices. 1. Posting of signs. Every provider shall
8 post signs, at every location where such provider meets with customers,
9 setting forth information in English and in every other language in
10 which the person provides or offers to provide immigrant assistance
11 services. There shall be a separate sign for each language, and each
12 shall be posted in a location where it will be visible to customers.
13 [1.] (a) One sign shall be at least eleven inches by seventeen inches,
14 and shall contain the following in not less than sixty point type:
15 "THE INDIVIDUAL PROVIDING ASSISTANCE TO YOU UNDER THIS [CONTACT]
16 CONTRACT IS NOT AN ATTORNEY LICENSED TO PRACTICE LAW OR ACCREDITED BY
17 THE BOARD OF IMMIGRATION APPEALS TO PROVIDE REPRESENTATION TO YOU BEFORE
18 THE [BUREAU OF] UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, THE
19 DEPARTMENT OF HOMELAND SECURITY, THE EXECUTIVE OFFICE FOR IMMIGRATION
20 REVIEW, THE DEPARTMENT OF LABOR, THE DEPARTMENT OF STATE OR ANY IMMI-
21 GRATION AUTHORITIES AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR
22 LEGAL ADVICE["]. FOR A FREE LEGAL REFERRAL CALL THE OFFICE FOR NEW
23 AMERICANS HOTLINE AT (phone number of the office for new Americans). TO
24 FILE A COMPLAINT ABOUT AN IMMIGRANT ASSISTANCE SERVICE PROVIDER CALL THE
25 OFFICE FOR NEW AMERICANS HOTLINE AT (phone number of the office for new
26 Americans), THE NEW YORK STATE OFFICE OF ATTORNEY GENERAL AT (phone
27 number of the office of attorney general), OR YOUR LOCAL DISTRICT ATTOR-
28 NEY OR PROSECUTOR'S OFFICE AT (phone number of the local district attor-
29 ney)." The service provider shall be responsible for providing the accu-
30 rate and up-to-date phone numbers required on such sign.
31 [2.] (b) A separate sign shall be posted in a location visible to
32 customers in conspicuous size type and which contains the schedule of
33 fees for services offered and the statement: "YOU MAY CANCEL ANY
34 CONTRACT WITHIN 3 BUSINESS DAYS AND GET BACK YOUR DOCUMENTS AND ANY
35 MONEY YOU PAID."
36 [§ 460-d.] 2. Notice in advertisements. Every provider who advertises
37 immigrant assistance services, whether by signs, pamphlets, newspapers,
38 or any other written communication shall post or otherwise include with
39 such advertisement a notice in the language in which the advertisement
40 appears. This notice shall be of a conspicuous size and shall state:
41 "THE INDIVIDUAL [PROVIDING] OFFERING TO PROVIDE IMMIGRANT ASSISTANCE [TO
42 YOU] SERVICES IS NOT AN ATTORNEY LICENSED TO PRACTICE LAW OR ACCREDITED
43 BY THE BOARD OF IMMIGRATION APPEALS TO PROVIDE REPRESENTATION [TO YOU]
44 BEFORE THE [BUREAU OF] UNITED STATES CITIZENSHIP AND IMMIGRATION
45 SERVICES, THE DEPARTMENT OF HOMELAND SECURITY, THE EXECUTIVE OFFICE FOR
46 IMMIGRATION REVIEW, THE DEPARTMENT OF LABOR, THE DEPARTMENT OF STATE OR
47 ANY IMMIGRATION AUTHORITIES AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES
48 FOR LEGAL ADVICE[".]."
49 § [460-e.] 460-d. Prohibited acts. No provider shall:
50 1. Give legal advice, or otherwise engage in the practice of law.
51 2. Assume, use or advertise the title of lawyer or attorney at law, or
52 equivalent terms in the English language or any other language, or
53 represent or advertise other titles or credentials, including but not
54 limited to "notary public", "accredited representative of the board of
55 immigration appeals["]," "notario public", "notario", "immigration
56 specialist" or "immigration consultant," that could cause a customer to
S. 6732--A 5
1 believe that the person possesses special professional skills or is
2 authorized to provide advice on an immigration matter; provided that a
3 notary public licensed by the secretary of state may use the term "nota-
4 ry public."
5 3. State or imply that the [person] provider can or will obtain
6 special favors from or has special influence with the [bureau of] United
7 States citizenship and immigration services, the United States depart-
8 ment of Homeland Security, the executive office for Immigration review
9 or any other governmental entity[, or threaten].
10 4. Threaten to report the [client] customer to immigration or other
11 authorities or threaten to undermine in any way the [client's] custom-
12 er's immigration status or attempt to secure lawful status.
13 [4.] 5. Demand or retain any fees or compensation for services not
14 performed, services to be performed in the future, or costs that are not
15 actually incurred.
16 [5.] 6. Advise, direct or permit a customer to answer questions on a
17 government document, or in a discussion with a government official, in a
18 specific way where the provider knows or has reasonable cause to believe
19 that the answers are false or misleading.
20 [6.] 7. Disclose any information to, or file any forms or documents
21 with, immigration or other authorities on behalf of a customer without
22 the knowledge or consent of the customer except where required by law. A
23 provider shall promptly notify the customer in writing when such provid-
24 er has disclosed any information to or filed any form or document with
25 immigration or other authorities when such disclosure or filing was
26 required by law and done without the knowledge and consent of the
27 customer.
28 [7.] 8. Fail to provide customers with copies of documents filed with
29 a governmental entity or refuse to return original documents supplied
30 by, prepared on behalf of, or paid for by the customer, upon the request
31 of the customer, or upon termination of the contract. Original documents
32 must be returned promptly upon request and upon cancellation of the
33 contract, even if there is a fee dispute between the immigration assist-
34 ance service provider and the customer.
35 [8.] 9. Make any misrepresentation or false statement, directly or
36 indirectly.
37 [9.] 10. Make any guarantee or promise to a customer, unless there is
38 a basis in fact for such representation, and the guarantee or promise is
39 in writing.
40 [10.] 11. Represent that a fee may be charged, or charge a fee for the
41 distribution, provision or submission of an official document or form
42 issued or promulgated by a state or federal governmental entity, or for
43 a referral of the customer to another person or entity that is qualified
44 to provide services or assistance which the immigrant assistance service
45 provider will not provide.
46 12. For a fee or other compensation refer a customer to an attorney or
47 any other individual or entity that can provide services that the immi-
48 grant assistance service provider cannot provide.
49 13. Give advice on the determination of a person's immigration status,
50 including advising him or her as to answers on a government form regard-
51 ing such determination.
52 14. Promise to expedite immigration or other immigration related
53 governmental benefit processes, through claims to have special relation-
54 ships with or special access to government employees who will expedite
55 applications or issue favorable decisions for any reason other than the
56 merits of the application.
S. 6732--A 6
1 15. Knowingly provide misleading or false information to a noncitizen
2 about his or her individual or family's eligibility for immigration
3 benefits or status, or to noncitizens or citizens about their individual
4 or family's eligibility for other government benefits, with the intent
5 to induce an individual to employ the services of the service provider
6 to obtain such immigration benefits or status, or such other government
7 benefits.
8 § [460-f.] 460-e. Retention of documents. [Every] A provider shall
9 retain copies of all documents prepared or obtained in connection with a
10 customer's request for assistance for a period of three years after a
11 written contract is executed by the provider and the customer, whether
12 or not such contract is subsequently cancelled.
13 § [460-g.] 460-f. Surety requirement. Every provider shall maintain in
14 full force and effect for the entire period during which the provider
15 provides immigrant assistance services and for one year after the
16 provider ceased to do business as an immigrant assistance service
17 provider, a bond, contract of indemnity, or irrevocable letter of cred-
18 it, payable to the people of the state of New York, in the principal
19 amount of fifty thousand dollars; provided, however, that every provider
20 that receives in excess of two hundred fifty thousand dollars in total
21 fees and other compensation for providing immigrant assistance service
22 during any twelve-month period shall maintain in full force and effect a
23 bond, contract of indemnity, or irrevocable letter of credit, payable to
24 the people of the state of New York, in the principal amount of twenty
25 percent of such total fees and compensation. Such surety shall be for
26 the benefit of any customer who does not receive a refund of fees from
27 the provider to which he or she is entitled, or is otherwise injured by
28 the provider. The attorney general on behalf of the customer or the
29 customer in his or her own name, may maintain an action against the
30 provider and the surety.
31 § 460-g. Action. An individual who is harmed by a provider as a result
32 of a provider's violation of this article may bring an action in his or
33 her own name against a provider to enjoin such unlawful act or practice,
34 an action to recover his or her actual damages or twenty-five hundred
35 dollars, whichever is greater, or both such actions, in addition to any
36 other remedy available in law or equity. The court may award costs and
37 reasonable attorney's fees to a prevailing plaintiff.
38 § 460-i. Violations. Any violation of any provision of this article
39 shall be a class A misdemeanor, and upon conviction thereof, shall be
40 punishable by a fine of not more than one thousand dollars, or by impri-
41 sonment for not more than one year, or by both such fine and imprison-
42 ment; provided however, a second or subsequent offense shall be punisha-
43 ble by a fine of not more than three thousand dollars or by imprisonment
44 for not more than one year, or by both such fine and imprisonment. In
45 addition, the court may order as part of the sentence imposed restitu-
46 tion or reparation to the victim of the crime pursuant to section 60.27
47 of the penal law. The attorney general shall have the power to prosecute
48 any violation of this article.
49 § 4. Section 460-h of the general business law, as added by chapter
50 463 of the laws of 2004, is amended to read as follows:
51 § 460-h. Enforcement. Upon any violation of this article, an applica-
52 tion may be made by the attorney general in the name of the people of
53 the state to a court having jurisdiction to issue an injunction, and
54 upon notice to the respondent of not fewer than five days, to enjoin and
55 restrain the continuance of the violation. If it shall appear to the
56 satisfaction of the court or justice that the defendant has, in fact,
S. 6732--A 7
1 violated this article, an injunction may be issued by such court or
2 justice, enjoining and restraining any further violation, without
3 requiring proof that any person has, in fact, been injured or damaged
4 thereby. In any such proceeding, the court may make allowances to the
5 attorney general as provided in paragraph six of subdivision (a) of
6 section eighty-three hundred three of the civil practice law and rules,
7 and direct restitution. Whenever the court shall determine that a
8 violation of this article has occurred, the court may impose a civil
9 penalty of not more than [seven thousand five hundred dollars] ten thou-
10 sand dollars for each violation.
11 § 5. The general business law is amended by adding a new section 460-k
12 to read as follows:
13 § 460-k. Additional civil penalty for consumer frauds committed
14 against users of immigrant assistance services. 1. (a) In addition to
15 any liability for damages or a civil penalty imposed pursuant to
16 sections three hundred forty-nine, three hundred fifty-c and three
17 hundred fifty-d of this chapter, regarding deceptive practices and false
18 advertising, and subdivision twelve of section sixty-three of the execu-
19 tive law, regarding proceedings by the attorney general for equitable
20 relief against fraudulent or illegal consumer fraud, a person or entity
21 who engages in any conduct prohibited by said provisions of law, and
22 whose conduct is perpetrated against one or more persons seeking or
23 using immigrant assistance services, may be liable for an additional
24 civil penalty not to exceed ten thousand dollars, in accordance with
25 paragraph (b) of this subdivision.
26 (b) In determining whether to impose a supplemental civil penalty
27 pursuant to paragraph (a) of this subdivision, and the amount of any
28 such penalty, the court shall consider, in addition to other appropriate
29 factors, the extent to which the following factors are present:
30 (1) Whether the defendant knew that his or her conduct was directed to
31 one or more persons seeking or using immigrant assistance services or
32 whether the defendant knowingly acted with disregard for the rights of a
33 person seeking or using immigrant assistance services;
34 (2) Whether the defendant's conduct: (i) caused a person seeking or
35 using immigrant assistance services to suffer loss or encumbrance of a
36 primary residence, loss of employment or source of income, substantial
37 loss of property or assets essential to the health or welfare of the
38 person seeking or using immigrant assistance services; or (ii) whether
39 one or more persons seeking or using immigrant assistance services were
40 substantially more vulnerable to the defendant's conduct because of
41 impaired understanding, or any other perceived disadvantage, and actual-
42 ly suffered physical or economic damage resulting from the defendant's
43 conduct.
44 2. Restitution ordered pursuant to the provisions of law listed in
45 subdivision one of this section or pursuant to any other section of law
46 shall be given priority over the imposition of civil penalties ordered
47 by the court under this section.
48 § 6. The executive law is amended by adding a new section 94-b to read
49 as follows:
50 § 94-b. Office for new Americans. 1. Legislative intent. The legisla-
51 ture hereby finds and declares that, according to the 2010 census,
52 approximately twenty-two percent of New Yorkers were not born in the
53 United States, nine percent above the national average. For years immi-
54 grants have come to the United States to make a better life for them-
55 selves. It is of utmost importance to the state that these new Americans
56 be given the tools to assist them in making a better life for them-
S. 6732--A 8
1 selves, particularly through programs that help develop and leverage
2 their skills and strengthen their connections with their communities and
3 through programs to reduce exploitation of vulnerable immigrant popu-
4 lations.
5 2. Definitions. For the purposes of this section, the terms "new Amer-
6 ican" and "immigrant" shall refer to non-citizen domicilaries of New
7 York state whose country of origin is other than the United States.
8 3. Office for new Americans; director. There is hereby created within
9 the department of state the office for new Americans. The secretary
10 shall appoint a director of the office to accomplish the responsibil-
11 ities set forth in this section. Such director shall receive an annual
12 salary within amounts appropriated and shall serve at the pleasure of
13 the secretary.
14 4. Organization of the office for new Americans. The secretary shall
15 have the power to establish, consolidate, reorganize, or abolish any
16 organizational units within the office as he or she determines to be
17 necessary for efficient operation thereof. The secretary shall assign
18 functions to any such unit and may appoint staff, agents, and consult-
19 ants, prescribe their duties, and fix their compensation within amounts
20 appropriated.
21 5. Powers and duties of the office for new Americans. The office for
22 new Americans shall have the power and responsibility to:
23 (a) Create a network of neighborhood-based opportunity centers;
24 (b) Increase access to English-for-speakers-of-other-languages (ESOL)
25 training, including by engaging not-for-profit organizations and other
26 qualified providers of ESOL training services;
27 (c) Assist immigrants in matters relating to immigration status,
28 including but not limited to assisting with the naturalization process
29 and applications for deferred action for childhood arrivals;
30 (d) Connect immigrants to business resources that harness their
31 skills, employment referral programs, and other workforce development
32 programs;
33 (e) Develop and leverage the skills of immigrants to benefit their
34 communities and the state;
35 (f) Strengthen the connections between immigrants and their communi-
36 ties through civic engagement;
37 (g) Reduce exploitation of immigrants;
38 (h) Establish a toll-free multi-lingual hotline and a website for
39 purposes including but not limited to dissemination of information about
40 the programs and services offered by the office for new Americans,
41 referral for services, and receipt of complaints relating to fraud and
42 other related crimes against immigrants;
43 (i) Ensure that individuals referred by the office are directed to
44 service providers who are in compliance with article twenty-eight-C of
45 the general business law or providers certified by the bureau of immi-
46 gration appeals;
47 (j) Using information developed by the office through the hotline,
48 assist law enforcement in combatting crimes against immigrants;
49 (k) Advise the governor and secretary concerning matters affecting
50 immigrants in the state in order to promote and encourage the full
51 participation of immigrants in the state's civic and economic life;
52 (l) Coordinate with other state agencies and otherwise marshal the
53 resources of the state to serve the needs of immigrants;
54 (m) Encourage and assist local governments in the development of
55 activities to enhance civic engagement among immigrants and in immigrant
56 communities; and
S. 6732--A 9
1 (n) Beginning in two thousand fifteen, by June fifteenth of each year,
2 produce a report to the governor, the speaker of the assembly, and the
3 temporary president of the senate describing the activities of the
4 office, including but not limited to, summarizing calls received through
5 the hotline and website, information on ESOL training services provided
6 by the office, the number of immigrants assisted through the opportunity
7 centers, or an estimation thereof, the status of any workforce develop-
8 ment programs, and any other relevant information.
9 § 7. The penal law is amended by adding a new section 190.87 to read
10 as follows:
11 § 190.87 Immigrant assistant services fraud in the second degree.
12 A person is guilty of immigrant assistance services fraud in the
13 second degree when, with intent to defraud another person seeking immi-
14 grant assistance services, as defined in article twenty-eight-C of the
15 general business law, from such person, he or she violates section four
16 hundred sixty-d of the general business law with intent to obtain prop-
17 erty from such other person by false or fraudulent pretenses, represen-
18 tations or promises, and thereby wrongfully obtains such property.
19 Immigrant assistance services fraud in the second degree is a class A
20 misdemeanor.
21 § 8. The penal law is amended by adding a new section 190.89 to read
22 as follows:
23 § 190.89 Immigrant assistance services fraud in the first degree.
24 A person is guilty of immigrant assistance services fraud in the first
25 degree when, with intent to defraud another person seeking immigrant
26 assistance services, as defined in article twenty-eight-C of the general
27 business law, from such person, he or she violates section four hundred
28 sixty-d of the general business law with intent to obtain property from
29 such other person by false or fraudulent pretenses, representations or
30 promises, and thereby wrongfully obtains such property with a value in
31 excess of one thousand dollars.
32 Immigrant assistance services fraud in the first degree is a class E
33 felony.
34 § 9. This act shall take effect on the one hundred eightieth day after
35 it shall have become a law. Effective immediately, the addition, amend-
36 ment and/or repeal of any rule or regulation necessary for the implemen-
37 tation of this act on its effective date are authorized to be made and
38 completed on or before such effective date.
