A08974 Summary:

BILL NO    A08974B

SAME AS    SAME AS S06732-A

SPONSOR    Crespo (MS)

COSPNSR    Ramos, Moya, Sepulveda, Weprin, Scarborough, Perry, Gunther, Arroyo,
           Rivera, Davila, Heastie

MLTSPNSR   Gottfried, Hooper, Jacobs, Miller, Montesano, Titone, Weinstein

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.
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A08974 Actions:

BILL NO    A08974B

03/06/2014 referred to governmental operations
03/18/2014 reported referred to codes
06/10/2014 amend (t) and recommit to codes
06/10/2014 print number 8974a
06/11/2014 amend and recommit to codes
06/11/2014 print number 8974b
06/12/2014 reported referred to ways and means
06/16/2014 reported referred to rules
06/17/2014 reported 
06/17/2014 rules report cal.359
06/17/2014 ordered to third reading rules cal.359
06/18/2014 passed assembly
06/18/2014 delivered to senate
06/18/2014 REFERRED TO RULES
06/18/2014 SUBSTITUTED FOR S6732A
06/18/2014 3RD READING CAL.1593
06/18/2014 PASSED SENATE
06/18/2014 RETURNED TO ASSEMBLY
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A08974 Votes:

A08974B06/18/2014 135/2
AbbateYCorwinYGlickYLavineYNolanYRozicYTitusY
AbinantYCrespoYGoldfedYLentolYOaksYRussellYWalterY
ArroyoYCrouchYGoodellYLiftonYO'DonneYRyanYWeinsteY
AubryYCurranYGottfriYLopezYOrtizYSaladinYWeisenbY
BarclayYCusickYGrafYLupardoYOtisYSantabaYWeprinY
BarrettYCymbrowYGuntherYLupinacYPalmesaYScarborYWrightY
BenedetYDavilaYHawleyYMageeYPalumboYSchimelYZebrowsY
BlankenYDenDekkYHeastieYMagnareYPaulinYSchimmiYMr SpkrY
BorelliYDinowitYHennessYMalliotYPeoplesYSepulveY
BraunstYDiPietrNOHevesiYMarkeyYPerryYSimanowY
BrennanYDupreyYHikindYMayerYPichardYSimotasY
BrindisYEnglebrYHooperYMcDonalYPretlowYSkartadY
BronsonYFahyYJacobsYMcDonouYQuartYSkoufisY
Brook-KYFarrellYJaffeeYMcKevitYRaYSolagesY
BuchwalYFinchYJohnsYMcLaughYRaiaYStecY
ButlerYFitzpatYKatzYMillerYRamosYSteckY
CahillYFriendYKavanagYMillmanYRiveraYStirpeY
CamaraERGalefYKearnsYMontesaYRobertsYSweeneyY
CerettoYGanttYKellnerABMorelleYRobinsoYTediscoY
ClarkYGarbariYKimYMosleyYRodriguYTenneyER
ColtonYGiglioYKolbYMoyaYRosaYThieleY
CookYGjonajYLalorYNojayNORosenthYTitoneY

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A08974 Memo:

BILL NUMBER:A8974B

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 460g 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 penalty 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:

2013: A. 158-A Passed Assembly and Senate - Vetoed by Governor
2012: S.94-A- 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.101625 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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A08974 Text:

                           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:

    1    Section 1. This act shall be known and may be cited as the  "immigrant
    2  assistance service enforcement act".
    3    S  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    S 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

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14270-06-4
       A. 8974--B                          2

    1  natural person, that provides immigrant assistance services,  but  shall
    2  not  include  (a) any person duly admitted to practice law in this state
    3  and any person working directly under  the  supervision  of  the  person
    4  admitted;  (b)  any not-for-profit tax exempt organization that provides
    5  immigrant assistance without a fee or other payment from individuals  or
    6  at  nominal fees as defined by the federal board of immigration appeals,
    7  and the employees of such organization when acting within the  scope  of
    8  such employment; (c) any organization recognized by the federal board of
    9  immigration  appeals  that provides services via representatives accred-
   10  ited by such board to appear before the [bureau of] UNITED STATES  citi-
   11  zenship and immigration services and/or executive office for immigration
   12  review, that does not charge a fee or charges nominal fees as defined by
   13  the  board  of immigration appeals; [or] (d) any authorized agency under
   14  subdivision ten of section  three  hundred  seventy-one  of  the  social
   15  services  law  and the employees of such organization when acting within
   16  the scope of such employment; OR (E) ANY INDIVIDUAL PROVIDING  REPRESEN-
   17  TATION  IN AN IMMIGRATION-RELATED PROCEEDING UNDER FEDERAL LAW FOR WHICH
   18  FEDERAL LAW OR REGULATION ESTABLISHES  SUCH  INDIVIDUAL'S  AUTHORITY  TO
   19  APPEAR.
   20    S  3.  Sections  460-b, 460-c, 460-d, 460-e, 460-f, 460-g and 460-i of
   21  the general business law, as added by chapter 463 of the laws  of  2004,
   22  are amended and a new section 460-g is added to read as follows:
   23    S  460-b.  Immigrant  assistance  service  contracts.  1. No immigrant
   24  assistance service shall be provided until the customer has  executed  a
   25  written contract with the IMMIGRANT ASSISTANT SERVICE provider [who will
   26  provide  such  services]. The contract shall be in a language understood
   27  by the customer, either alone or with the  assistance  of  an  available
   28  interpreter,  and,  if that language is not English, an English language
   29  version of the contract must also be provided. A copy  of  the  contract
   30  shall  be  provided to the customer upon the customer's execution of the
   31  contract.  THE INTERPRETER SHALL PROVIDE AN  ATTESTATION  AFFIRMING  THE
   32  ACCURACY OF HIS OR HER TRANSLATION, TO BE ATTACHED TO THE CONTRACT.
   33    2.  (A) The customer has the right to cancel the contract within three
   34  business days after his or her execution of the contract, without fee or
   35  penalty. The right to cancel the  contract  within  three  days  without
   36  payment  of  any  fee may be waived when services must be provided imme-
   37  diately to avoid a forfeiture of eligibility or other loss of rights  or
   38  privileges,  and  the  customer  furnishes  the provider with a separate
   39  dated and signed statement, by the customer  or  his  or  her  represen-
   40  tative,  describing  the  need  for services to be provided within three
   41  days and expressly acknowledging and waiving the  right  to  cancel  the
   42  contract within three days.
   43    (B)  The contract may be cancelled at any time after execution. If the
   44  contract is cancelled [after] MORE THAN three days AFTER IT WAS  SIGNED,
   45  or  within three days AFTER IT WAS SIGNED if the right to cancel without
   46  fee has been waived, the provider may retain fees for services rendered,
   47  and any additional amounts actually expended on behalf of the  customer.
   48  All  other  amounts must be returned to the customer within fifteen days
   49  after cancellation.
   50    3. The written contract shall be in plain language, in at least twelve
   51  point type and shall include the following:
   52    [1.] (A) The name, address and telephone number of the provider.
   53    [2.] (B) Itemization of all services to be provided to  the  customer,
   54  as  well  as  the  fees and costs to be charged to the customer FOR EACH
   55  SERVICE.
       A. 8974--B                          3

    1    [3.] (C) A statement that original documents required to be  submitted
    2  in connection with an application made to the [federal bureau of] UNITED
    3  STATES citizenship and immigration services or for other certifications,
    4  benefits  or  services provided by government may not be retained by the
    5  immigrant assistance service provider for any reason, including [payment
    6  of] FAILURE OF THE CUSTOMER TO PAY fees or costs OR OTHER FEE DISPUTE.
    7    [4.]  (D) A statement that the provider shall give the customer a copy
    8  of each document [filed with a governmental entity]  PREPARED  WITH  THE
    9  PROVIDER'S ASSISTANCE.
   10    [5.]  (E)  A  statement  that  the  customer is not required to obtain
   11  supporting documents through the immigrant assistance service  provider,
   12  [but]  AND  may obtain such documents himself or herself, ALONG WITH THE
   13  STATEMENT: "THE U.S. GOVERNMENT PROVIDES INFORMATION ON  REQUIRED  FORMS
   14  AND DOCUMENTATION FOR FREE ONLINE AND BY PHONE".
   15    [6.]  (F)  The  statement:  "You MAY CANCEL THIS CONTRACT AT ANY TIME.
   16  YOU have three (3) business days to cancel this contract WITHOUT FEE  OR
   17  PENALTY  AND  GET  BACK  ANY FEES THAT YOU HAVE ALREADY PAID.  Notice of
   18  cancellation [must be in writing, signed by you and mailed by registered
   19  or certified] MAY BE MADE BY COMPLETING THE CANCELLATION  FORM  INCLUDED
   20  IN  THIS  CONTRACT,  OR  OTHERWISE NOTIFYING THE PROVIDER IN WRITING AND
   21  DELIVERING SUCH FORM OR NOTIFICATION TO THE PROVIDER  IN  PERSON  OR  BY
   22  United  States  mail  to  (specify address). If you cancel this contract
   23  [within three days,] you will get back [your]  ANY  documents  [and  any
   24  fees that you paid] YOU SUBMITTED TO THE PROVIDER".
   25    (G)  EACH CONTRACT SHALL CONTAIN A SEPARATE FINAL PAGE TITLED "CANCEL-
   26  LATION FORM." THE CANCELLATION FORM SHALL CONTAIN THE  FOLLOWING  STATE-
   27  MENT: "I HEREBY CANCEL THE CONTRACT OF  (DATE OF CONTRACT) BETWEEN (NAME
   28  OF  PROVIDER,  ADDRESS  OF  PROVIDER,  AND PHONE NUMBER OF PROVIDER) AND
   29  (NAME OF CUSTOMER)."  BELOW THE STATEMENT SHALL BE A CUSTOMER  SIGNATURE
   30  AND DATE LINE. BELOW THE SIGNATURE AND DATE LINE, THE FORM SHALL CONTAIN
   31  THE  STATEMENT REQUIRED BY PARAGRAPH (H) OF THIS SUBDIVISION, PRINTED IN
   32  TWELVE POINT OR LARGER TEXT.
   33    [7.] (H) A statement that the [immigration services] IMMIGRANT ASSIST-
   34  ANCE SERVICE provider has financial surety in effect for the benefit  of
   35  any  customer  in  the  event  that the customer is owed a refund, or is
   36  damaged by the actions of the provider, together with the name,  address
   37  and telephone number of the surety.
   38    [8.]  (I)  The  statement: "The individual providing assistance to you
   39  under this contract is not an  attorney  licensed  to  practice  law  or
   40  accredited by the board of immigration appeals to provide representation
   41  to  you before the [bureau of] UNITED STATES citizenship and immigration
   42  services, THE DEPARTMENT OF HOMELAND SECURITY, THE EXECUTIVE OFFICE  FOR
   43  IMMIGRATION  REVIEW, the department of labor, the department of state or
   44  any immigration authorities and may not give legal advice or accept fees
   45  for legal advice["].  FOR A FREE LEGAL REFERRAL CALL THE OFFICE FOR  NEW
   46  AMERICANS HOTLINE AT (PHONE NUMBER OF THE OFFICE FOR NEW AMERICANS), THE
   47  NEW  YORK  STATE  OFFICE OF THE ATTORNEY GENERAL AT (PHONE NUMBER OF THE
   48  OFFICE OF THE ATTORNEY GENERAL), OR  YOUR  LOCAL  DISTRICT  ATTORNEY  OR
   49  PROSECUTOR."    THE  SERVICE PROVIDER SHALL BE RESPONSIBLE FOR PROVIDING
   50  THE ACCURATE AND UP-TO-DATE PHONE NUMBERS REQUIRED IN SUCH STATEMENT.
   51    [9.] (J) The statement: "The individual providing  assistance  to  you
   52  under  this contract is prohibited from disclosing any information ABOUT
   53  YOU TO, or filing any forms or documents  ON  YOUR  BEHALF  with,  immi-
   54  gration  or  other authorities without your knowledge and consent EXCEPT
   55  AS REQUIRED BY LAW."  A PROVIDER SHALL PROMPTLY NOTIFY THE  CUSTOMER  IN
   56  WRITING WHEN SUCH PROVIDER HAS DISCLOSED ANY INFORMATION TO OR FILED ANY
       A. 8974--B                          4

    1  FORM OR DOCUMENT WITH IMMIGRATION OR OTHER AUTHORITIES WHEN SUCH DISCLO-
    2  SURE  OR  FILING  WAS REQUIRED BY LAW AND DONE WITHOUT THE KNOWLEDGE AND
    3  CONSENT OF THE CUSTOMER.
    4    [10.]  (K) The statement: "A copy of all forms completed and documents
    5  accompanying the forms shall be kept by the service provider  for  three
    6  years.  A  copy  of the [customers] CUSTOMER'S file shall be provided to
    7  the [client] CUSTOMER on demand and without fee."
    8    (L) ON THE SAME PAGE AS THE SIGNATURE LINE, THE STATEMENT: "THE  INDI-
    9  VIDUAL PROVIDING ASSISTANCE TO YOU UNDER THE TERMS OF THIS CONTRACT MUST
   10  EXPLAIN  THE  CONTENTS  OF THIS CONTRACT TO YOU AND ANSWER ANY QUESTIONS
   11  ABOUT IT THAT YOU MAY HAVE."
   12    S 460-c. REQUIRED NOTICES. 1. Posting of signs. Every  provider  shall
   13  post  signs, at every location where such provider meets with customers,
   14  setting forth information in English and  in  every  other  language  in
   15  which  the  person  provides  or  offers to provide immigrant assistance
   16  SERVICES. There shall be a separate sign for  each  language,  and  each
   17  shall be posted in a location where it will be visible to customers.
   18    [1.] (A) One sign shall be at least eleven inches by seventeen inches,
   19  and shall contain the following in not less than sixty point type:
   20    "THE  INDIVIDUAL  PROVIDING  ASSISTANCE  TO  YOU  UNDER THIS [CONTACT]
   21  CONTRACT IS NOT AN ATTORNEY LICENSED TO PRACTICE LAW  OR  ACCREDITED  BY
   22  THE BOARD OF IMMIGRATION APPEALS TO PROVIDE REPRESENTATION TO YOU BEFORE
   23  THE  [BUREAU OF] UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, THE
   24  DEPARTMENT OF HOMELAND SECURITY, THE EXECUTIVE  OFFICE  FOR  IMMIGRATION
   25  REVIEW,  THE  DEPARTMENT  OF LABOR, THE DEPARTMENT OF STATE OR ANY IMMI-
   26  GRATION AUTHORITIES AND MAY NOT GIVE LEGAL ADVICE  OR  ACCEPT  FEES  FOR
   27  LEGAL  ADVICE["].    FOR  A  FREE LEGAL REFERRAL CALL THE OFFICE FOR NEW
   28  AMERICANS HOTLINE AT (PHONE NUMBER OF THE OFFICE FOR NEW AMERICANS).  TO
   29  FILE A COMPLAINT ABOUT AN IMMIGRANT ASSISTANCE SERVICE PROVIDER CALL THE
   30  OFFICE  FOR NEW AMERICANS HOTLINE AT (PHONE NUMBER OF THE OFFICE FOR NEW
   31  AMERICANS), THE NEW YORK STATE OFFICE  OF  ATTORNEY  GENERAL  AT  (PHONE
   32  NUMBER OF THE OFFICE OF ATTORNEY GENERAL), OR YOUR LOCAL DISTRICT ATTOR-
   33  NEY OR PROSECUTOR'S OFFICE AT (PHONE NUMBER OF THE LOCAL DISTRICT ATTOR-
   34  NEY)." THE SERVICE PROVIDER SHALL BE RESPONSIBLE FOR PROVIDING THE ACCU-
   35  RATE AND UP-TO-DATE PHONE NUMBERS REQUIRED ON SUCH SIGN.
   36    [2.]  (B)  A  separate  sign  shall be posted in a location visible to
   37  customers in conspicuous size type and which contains  the  schedule  of
   38  fees  for  services  offered  and  the  statement:  "YOU  MAY CANCEL ANY
   39  CONTRACT WITHIN 3 BUSINESS DAYS AND GET  BACK  YOUR  DOCUMENTS  AND  ANY
   40  MONEY YOU PAID."
   41    [S  460-d.] 2. Notice in advertisements. Every provider who advertises
   42  immigrant assistance services, whether by signs, pamphlets,  newspapers,
   43  or  any other written communication shall post or otherwise include with
   44  such advertisement a notice in the language in which  the  advertisement
   45  appears.  This  notice  shall  be of a conspicuous size and shall state:
   46  "THE INDIVIDUAL [PROVIDING] OFFERING TO PROVIDE IMMIGRANT ASSISTANCE [TO
   47  YOU] SERVICES IS NOT AN ATTORNEY LICENSED TO PRACTICE LAW OR  ACCREDITED
   48  BY  THE  BOARD OF IMMIGRATION APPEALS TO PROVIDE REPRESENTATION [TO YOU]
   49  BEFORE  THE  [BUREAU  OF]  UNITED  STATES  CITIZENSHIP  AND  IMMIGRATION
   50  SERVICES,  THE DEPARTMENT OF HOMELAND SECURITY, THE EXECUTIVE OFFICE FOR
   51  IMMIGRATION REVIEW, THE DEPARTMENT OF LABOR, THE DEPARTMENT OF STATE  OR
   52  ANY IMMIGRATION AUTHORITIES AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES
   53  FOR LEGAL ADVICE[".]."
   54    S [460-e.] 460-D. Prohibited acts. No provider shall:
   55    1. Give legal advice, or otherwise engage in the practice of law.
       A. 8974--B                          5

    1    2. Assume, use or advertise the title of lawyer or attorney at law, or
    2  equivalent  terms  in  the  English  language  or any other language, or
    3  represent or advertise other titles or credentials,  including  but  not
    4  limited  to  "notary public", "accredited representative of the board of
    5  immigration   appeals["],"  "NOTARIO  PUBLIC",  "NOTARIO",  "IMMIGRATION
    6  SPECIALIST" or "immigration consultant," that could cause a customer  to
    7  believe  that  the  person  possesses  special professional skills or is
    8  authorized to provide advice on an immigration matter; provided  that  a
    9  notary public licensed by the secretary of state may use the term "nota-
   10  ry public."
   11    3.  State  or  imply  that  the  [person]  PROVIDER can or will obtain
   12  special favors from or has special influence with the [bureau of] UNITED
   13  STATES citizenship and immigration services, THE UNITED  STATES  DEPART-
   14  MENT  OF  HOMELAND SECURITY, THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
   15  or any other governmental entity[, or threaten].
   16    4. THREATEN to report the [client] CUSTOMER to  immigration  or  other
   17  authorities  or  THREATEN TO undermine in any way the [client's] CUSTOM-
   18  ER'S immigration status or attempt to secure lawful status.
   19    [4.] 5. Demand or retain any fees or  compensation  for  services  not
   20  performed, SERVICES TO BE PERFORMED IN THE FUTURE, or costs that are not
   21  actually incurred.
   22    [5.]  6.  Advise, direct or permit a customer to answer questions on a
   23  government document, or in a discussion with a government official, in a
   24  specific way where the provider knows or has reasonable cause to believe
   25  that the answers are false or misleading.
   26    [6.] 7. Disclose any information to, or file any  forms  or  documents
   27  with,  immigration  or other authorities ON BEHALF OF A CUSTOMER without
   28  the knowledge or consent of the customer EXCEPT WHERE REQUIRED BY LAW. A
   29  PROVIDER SHALL PROMPTLY NOTIFY THE CUSTOMER IN WRITING WHEN SUCH PROVID-
   30  ER HAS DISCLOSED ANY INFORMATION TO OR FILED ANY FORM OR  DOCUMENT  WITH
   31  IMMIGRATION  OR  OTHER  AUTHORITIES  WHEN  SUCH DISCLOSURE OR FILING WAS
   32  REQUIRED BY LAW AND DONE  WITHOUT  THE  KNOWLEDGE  AND  CONSENT  OF  THE
   33  CUSTOMER.
   34    [7.]  8. Fail to provide customers with copies of documents filed with
   35  a governmental entity or refuse to return  original  documents  supplied
   36  by, prepared on behalf of, or paid for by the customer, upon the request
   37  of the customer, or upon termination of the contract. Original documents
   38  must  be  returned  promptly  upon  request and upon cancellation of the
   39  contract, even if there is a fee dispute between the immigration assist-
   40  ance service provider and the customer.
   41    [8.] 9. Make any misrepresentation or  false  statement,  directly  or
   42  indirectly.
   43    [9.]  10. Make any guarantee or promise to a customer, unless there is
   44  a basis in fact for such representation, and the guarantee or promise is
   45  in writing.
   46    [10.] 11. Represent that a fee may be charged, or charge a fee for the
   47  distribution, provision or submission of an official  document  or  form
   48  issued  or promulgated by a state or federal governmental entity, or for
   49  a referral of the customer to another person or entity that is qualified
   50  to provide services or assistance which the immigrant assistance service
   51  provider will not provide.
   52    12. FOR A FEE OR OTHER COMPENSATION REFER A CUSTOMER TO AN ATTORNEY OR
   53  ANY OTHER INDIVIDUAL OR ENTITY THAT CAN PROVIDE SERVICES THAT THE  IMMI-
   54  GRANT ASSISTANCE SERVICE PROVIDER CANNOT PROVIDE.
       A. 8974--B                          6

    1    13. GIVE ADVICE ON THE DETERMINATION OF A PERSON'S IMMIGRATION STATUS,
    2  INCLUDING ADVISING HIM OR HER AS TO ANSWERS ON A GOVERNMENT FORM REGARD-
    3  ING SUCH DETERMINATION.
    4    14.  PROMISE  TO  EXPEDITE  IMMIGRATION  OR  OTHER IMMIGRATION RELATED
    5  GOVERNMENTAL BENEFIT PROCESSES, THROUGH CLAIMS TO HAVE SPECIAL RELATION-
    6  SHIPS WITH OR SPECIAL ACCESS TO GOVERNMENT EMPLOYEES WHO  WILL  EXPEDITE
    7  APPLICATIONS  OR ISSUE FAVORABLE DECISIONS FOR ANY REASON OTHER THAN THE
    8  MERITS OF THE APPLICATION.
    9    15. KNOWINGLY PROVIDE MISLEADING OR FALSE INFORMATION TO A  NONCITIZEN
   10  ABOUT  HIS  OR  HER  INDIVIDUAL  OR FAMILY'S ELIGIBILITY FOR IMMIGRATION
   11  BENEFITS OR STATUS, OR TO NONCITIZENS OR CITIZENS ABOUT THEIR INDIVIDUAL
   12  OR FAMILY'S ELIGIBILITY FOR OTHER GOVERNMENT BENEFITS, WITH  THE  INTENT
   13  TO  INDUCE  AN INDIVIDUAL TO EMPLOY THE SERVICES OF THE SERVICE PROVIDER
   14  TO OBTAIN SUCH IMMIGRATION BENEFITS OR STATUS, OR SUCH OTHER  GOVERNMENT
   15  BENEFITS.
   16    S  [460-f.]  460-E.  Retention  of documents. [Every] A provider shall
   17  retain copies of all documents prepared or obtained in connection with a
   18  customer's request for assistance for a period of three  years  after  a
   19  written  contract  is executed by the provider and the customer, whether
   20  or not such contract is subsequently cancelled.
   21    S [460-g.] 460-F. Surety requirement. Every provider shall maintain in
   22  full force and effect FOR THE ENTIRE PERIOD DURING  WHICH  THE  PROVIDER
   23  PROVIDES  IMMIGRANT  ASSISTANCE  SERVICES  AND  FOR  ONE  YEAR AFTER THE
   24  PROVIDER CEASED TO  DO  BUSINESS  AS  AN  IMMIGRANT  ASSISTANCE  SERVICE
   25  PROVIDER,  a bond, contract of indemnity, or irrevocable letter of cred-
   26  it, payable to the people of the state of New  York,  in  the  principal
   27  amount of fifty thousand dollars; provided, however, that every provider
   28  that  receives  in excess of two hundred fifty thousand dollars in total
   29  fees and other compensation for providing immigrant  assistance  service
   30  during any twelve-month period shall maintain in full force and effect a
   31  bond, contract of indemnity, or irrevocable letter of credit, payable to
   32  the  people  of the state of New York, in the principal amount of twenty
   33  percent of such total fees and compensation. Such surety  shall  be  for
   34  the  benefit  of any customer who does not receive a refund of fees from
   35  the provider to which he or she is entitled, or is otherwise injured  by
   36  the  provider.  The  attorney  general  on behalf of the customer or the
   37  customer in his or her own name, may  maintain  an  action  against  the
   38  provider and the surety.
   39    S 460-G. ACTION. AN INDIVIDUAL WHO IS HARMED BY A PROVIDER AS A RESULT
   40  OF  A PROVIDER'S VIOLATION OF THIS ARTICLE MAY BRING AN ACTION IN HIS OR
   41  HER OWN NAME AGAINST A PROVIDER TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE,
   42  AN ACTION TO RECOVER HIS OR HER ACTUAL DAMAGES  OR  TWENTY-FIVE  HUNDRED
   43  DOLLARS,  WHICHEVER IS GREATER, OR BOTH SUCH ACTIONS, IN ADDITION TO ANY
   44  OTHER REMEDY AVAILABLE IN LAW OR EQUITY. THE COURT MAY AWARD  COSTS  AND
   45  REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
   46    S  460-i.  Violations.  Any violation of any provision of this article
   47  shall be a class A misdemeanor, and upon conviction  THEREOF,  SHALL  BE
   48  PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BY IMPRI-
   49  SONMENT  FOR  NOT MORE THAN ONE YEAR, OR BY BOTH SUCH FINE AND IMPRISON-
   50  MENT; PROVIDED HOWEVER, A SECOND OR SUBSEQUENT OFFENSE SHALL BE PUNISHA-
   51  BLE BY A FINE OF NOT MORE THAN THREE THOUSAND DOLLARS OR BY IMPRISONMENT
   52  FOR NOT MORE THAN ONE YEAR, OR BY BOTH SUCH FINE  AND  IMPRISONMENT.  IN
   53  ADDITION,  the  court may order as part of the sentence imposed restitu-
   54  tion or reparation to the victim of the crime pursuant to section  60.27
   55  of the penal law. THE ATTORNEY GENERAL SHALL HAVE THE POWER TO PROSECUTE
   56  ANY VIOLATION OF THIS ARTICLE.
       A. 8974--B                          7

    1    S  4.  Section  460-h of the general business law, as added by chapter
    2  463 of the laws of 2004, is amended to read as follows:
    3    S  460-h. Enforcement. Upon any violation of this article, an applica-
    4  tion may be made by the attorney general in the name of  the  people  of
    5  the  state  to  a  court having jurisdiction to issue an injunction, and
    6  upon notice to the respondent of not fewer than five days, to enjoin and
    7  restrain the continuance of the violation. If it  shall  appear  to  the
    8  satisfaction  of  the  court or justice that the defendant has, in fact,
    9  violated this article, an injunction may be  issued  by  such  court  or
   10  justice,  enjoining  and  restraining  any  further  violation,  without
   11  requiring proof that any person has, in fact, been  injured  or  damaged
   12  thereby.  In  any  such proceeding, the court may make allowances to the
   13  attorney general as provided in paragraph  six  of  subdivision  (a)  of
   14  section  eighty-three hundred three of the civil practice law and rules,
   15  and direct restitution.  Whenever  the  court  shall  determine  that  a
   16  violation  of  this  article  has occurred, the court may impose a civil
   17  penalty of not more than [seven thousand five hundred dollars] TEN THOU-
   18  SAND DOLLARS for each violation.
   19    S 5. The general business law is amended by adding a new section 460-k
   20  to read as follows:
   21    S 460-K.  ADDITIONAL  CIVIL  PENALTY  FOR  CONSUMER  FRAUDS  COMMITTED
   22  AGAINST  USERS  OF IMMIGRANT ASSISTANCE SERVICES. 1.  (A) IN ADDITION TO
   23  ANY LIABILITY FOR  DAMAGES  OR  A  CIVIL  PENALTY  IMPOSED  PURSUANT  TO
   24  SECTIONS  THREE  HUNDRED  FORTY-NINE,  THREE  HUNDRED  FIFTY-C AND THREE
   25  HUNDRED FIFTY-D OF THIS CHAPTER, REGARDING DECEPTIVE PRACTICES AND FALSE
   26  ADVERTISING, AND SUBDIVISION TWELVE OF SECTION SIXTY-THREE OF THE EXECU-
   27  TIVE LAW, REGARDING PROCEEDINGS BY THE ATTORNEY  GENERAL  FOR  EQUITABLE
   28  RELIEF  AGAINST FRAUDULENT OR ILLEGAL CONSUMER FRAUD, A PERSON OR ENTITY
   29  WHO ENGAGES IN ANY CONDUCT PROHIBITED BY SAID  PROVISIONS  OF  LAW,  AND
   30  WHOSE  CONDUCT  IS  PERPETRATED  AGAINST  ONE OR MORE PERSONS SEEKING OR
   31  USING IMMIGRANT ASSISTANCE SERVICES, MAY BE  LIABLE  FOR  AN  ADDITIONAL
   32  CIVIL  PENALTY  NOT  TO  EXCEED TEN THOUSAND DOLLARS, IN ACCORDANCE WITH
   33  PARAGRAPH (B) OF THIS SUBDIVISION.
   34    (B) IN DETERMINING WHETHER TO  IMPOSE  A  SUPPLEMENTAL  CIVIL  PENALTY
   35  PURSUANT  TO  PARAGRAPH  (A)  OF THIS SUBDIVISION, AND THE AMOUNT OF ANY
   36  SUCH PENALTY, THE COURT SHALL CONSIDER, IN ADDITION TO OTHER APPROPRIATE
   37  FACTORS, THE EXTENT TO WHICH THE FOLLOWING FACTORS ARE PRESENT:
   38    (1) WHETHER THE DEFENDANT KNEW THAT HIS OR HER CONDUCT WAS DIRECTED TO
   39  ONE OR MORE PERSONS SEEKING OR USING IMMIGRANT  ASSISTANCE  SERVICES  OR
   40  WHETHER THE DEFENDANT KNOWINGLY ACTED WITH DISREGARD FOR THE RIGHTS OF A
   41  PERSON SEEKING OR USING IMMIGRANT ASSISTANCE SERVICES;
   42    (2)  WHETHER  THE  DEFENDANT'S CONDUCT: (I) CAUSED A PERSON SEEKING OR
   43  USING IMMIGRANT ASSISTANCE SERVICES TO SUFFER LOSS OR ENCUMBRANCE  OF  A
   44  PRIMARY  RESIDENCE,  LOSS OF EMPLOYMENT OR SOURCE OF INCOME, SUBSTANTIAL
   45  LOSS OF PROPERTY OR ASSETS ESSENTIAL TO THE HEALTH  OR  WELFARE  OF  THE
   46  PERSON  SEEKING  OR USING IMMIGRANT ASSISTANCE SERVICES; OR (II) WHETHER
   47  ONE OR MORE PERSONS SEEKING OR USING IMMIGRANT ASSISTANCE SERVICES  WERE
   48  SUBSTANTIALLY  MORE  VULNERABLE  TO  THE  DEFENDANT'S CONDUCT BECAUSE OF
   49  IMPAIRED UNDERSTANDING, OR ANY OTHER PERCEIVED DISADVANTAGE, AND ACTUAL-
   50  LY SUFFERED PHYSICAL OR ECONOMIC DAMAGE RESULTING FROM  THE  DEFENDANT'S
   51  CONDUCT.
   52    2.  RESTITUTION  ORDERED  PURSUANT  TO THE PROVISIONS OF LAW LISTED IN
   53  SUBDIVISION ONE OF THIS SECTION OR PURSUANT TO ANY OTHER SECTION OF  LAW
   54  SHALL  BE  GIVEN PRIORITY OVER THE IMPOSITION OF CIVIL PENALTIES ORDERED
   55  BY THE COURT UNDER THIS SECTION.
       A. 8974--B                          8

    1    S 6. The executive law is amended by adding a new section 94-b to read
    2  as follows:
    3    S  94-B. OFFICE FOR NEW AMERICANS. 1. LEGISLATIVE INTENT. THE LEGISLA-
    4  TURE HEREBY FINDS AND DECLARES  THAT,  ACCORDING  TO  THE  2010  CENSUS,
    5  APPROXIMATELY  TWENTY-TWO  PERCENT  OF  NEW YORKERS WERE NOT BORN IN THE
    6  UNITED STATES, NINE PERCENT ABOVE THE NATIONAL AVERAGE. FOR YEARS  IMMI-
    7  GRANTS  HAVE  COME  TO THE UNITED STATES TO MAKE A BETTER LIFE FOR THEM-
    8  SELVES. IT IS OF UTMOST IMPORTANCE TO THE STATE THAT THESE NEW AMERICANS
    9  BE GIVEN THE TOOLS TO ASSIST THEM IN MAKING  A  BETTER  LIFE  FOR  THEM-
   10  SELVES,  PARTICULARLY  THROUGH  PROGRAMS  THAT HELP DEVELOP AND LEVERAGE
   11  THEIR SKILLS AND STRENGTHEN THEIR CONNECTIONS WITH THEIR COMMUNITIES AND
   12  THROUGH PROGRAMS TO REDUCE EXPLOITATION OF  VULNERABLE  IMMIGRANT  POPU-
   13  LATIONS.
   14    2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE TERMS "NEW AMER-
   15  ICAN"  AND  "IMMIGRANT"  SHALL  REFER TO NON-CITIZEN DOMICILARIES OF NEW
   16  YORK STATE WHOSE COUNTRY OF ORIGIN IS OTHER THAN THE UNITED STATES.
   17    3. OFFICE FOR NEW AMERICANS; DIRECTOR. THERE IS HEREBY CREATED  WITHIN
   18  THE  DEPARTMENT  OF  STATE  THE  OFFICE FOR NEW AMERICANS. THE SECRETARY
   19  SHALL APPOINT A DIRECTOR OF THE OFFICE TO  ACCOMPLISH  THE  RESPONSIBIL-
   20  ITIES  SET  FORTH IN THIS SECTION. SUCH DIRECTOR SHALL RECEIVE AN ANNUAL
   21  SALARY WITHIN AMOUNTS APPROPRIATED AND SHALL SERVE AT  THE  PLEASURE  OF
   22  THE SECRETARY.
   23    4.  ORGANIZATION  OF THE OFFICE FOR NEW AMERICANS. THE SECRETARY SHALL
   24  HAVE THE POWER TO ESTABLISH, CONSOLIDATE,  REORGANIZE,  OR  ABOLISH  ANY
   25  ORGANIZATIONAL  UNITS  WITHIN  THE  OFFICE AS HE OR SHE DETERMINES TO BE
   26  NECESSARY FOR EFFICIENT OPERATION THEREOF. THE  SECRETARY  SHALL  ASSIGN
   27  FUNCTIONS  TO  ANY SUCH UNIT AND MAY APPOINT STAFF, AGENTS, AND CONSULT-
   28  ANTS, PRESCRIBE THEIR DUTIES, AND FIX THEIR COMPENSATION WITHIN  AMOUNTS
   29  APPROPRIATED.
   30    5.  POWERS  AND DUTIES OF THE OFFICE FOR NEW AMERICANS. THE OFFICE FOR
   31  NEW AMERICANS SHALL HAVE THE POWER AND RESPONSIBILITY TO:
   32    (A) CREATE A NETWORK OF NEIGHBORHOOD-BASED OPPORTUNITY CENTERS;
   33    (B) INCREASE ACCESS TO ENGLISH-FOR-SPEAKERS-OF-OTHER-LANGUAGES  (ESOL)
   34  TRAINING,  INCLUDING  BY ENGAGING NOT-FOR-PROFIT ORGANIZATIONS AND OTHER
   35  QUALIFIED PROVIDERS OF ESOL TRAINING SERVICES;
   36    (C) ASSIST IMMIGRANTS  IN  MATTERS  RELATING  TO  IMMIGRATION  STATUS,
   37  INCLUDING  BUT  NOT LIMITED TO ASSISTING WITH THE NATURALIZATION PROCESS
   38  AND APPLICATIONS FOR DEFERRED ACTION FOR CHILDHOOD ARRIVALS;
   39    (D) CONNECT  IMMIGRANTS  TO  BUSINESS  RESOURCES  THAT  HARNESS  THEIR
   40  SKILLS,  EMPLOYMENT  REFERRAL  PROGRAMS, AND OTHER WORKFORCE DEVELOPMENT
   41  PROGRAMS;
   42    (E) DEVELOP AND LEVERAGE THE SKILLS OF  IMMIGRANTS  TO  BENEFIT  THEIR
   43  COMMUNITIES AND THE STATE;
   44    (F)  STRENGTHEN  THE CONNECTIONS BETWEEN IMMIGRANTS AND THEIR COMMUNI-
   45  TIES THROUGH CIVIC ENGAGEMENT;
   46    (G) REDUCE EXPLOITATION OF IMMIGRANTS;
   47    (H) ESTABLISH A TOLL-FREE MULTI-LINGUAL  HOTLINE  AND  A  WEBSITE  FOR
   48  PURPOSES INCLUDING BUT NOT LIMITED TO DISSEMINATION OF INFORMATION ABOUT
   49  THE  PROGRAMS  AND  SERVICES  OFFERED  BY  THE OFFICE FOR NEW AMERICANS,
   50  REFERRAL FOR SERVICES, AND RECEIPT OF COMPLAINTS RELATING TO  FRAUD  AND
   51  OTHER RELATED CRIMES AGAINST IMMIGRANTS;
   52    (I)  ENSURE  THAT  INDIVIDUALS  REFERRED BY THE OFFICE ARE DIRECTED TO
   53  SERVICE PROVIDERS WHO ARE IN COMPLIANCE WITH ARTICLE  TWENTY-EIGHT-C  OF
   54  THE  GENERAL  BUSINESS LAW OR PROVIDERS CERTIFIED BY THE BUREAU OF IMMI-
   55  GRATION APPEALS;
       A. 8974--B                          9

    1    (J) USING INFORMATION DEVELOPED BY THE  OFFICE  THROUGH  THE  HOTLINE,
    2  ASSIST LAW ENFORCEMENT IN COMBATTING CRIMES AGAINST IMMIGRANTS;
    3    (K)  ADVISE  THE  GOVERNOR  AND SECRETARY CONCERNING MATTERS AFFECTING
    4  IMMIGRANTS IN THE STATE IN ORDER  TO  PROMOTE  AND  ENCOURAGE  THE  FULL
    5  PARTICIPATION OF IMMIGRANTS IN THE STATE'S CIVIC AND ECONOMIC LIFE;
    6    (L)  COORDINATE  WITH  OTHER  STATE AGENCIES AND OTHERWISE MARSHAL THE
    7  RESOURCES OF THE STATE TO SERVE THE NEEDS OF IMMIGRANTS;
    8    (M) ENCOURAGE AND ASSIST  LOCAL  GOVERNMENTS  IN  THE  DEVELOPMENT  OF
    9  ACTIVITIES TO ENHANCE CIVIC ENGAGEMENT AMONG IMMIGRANTS AND IN IMMIGRANT
   10  COMMUNITIES; AND
   11    (N) BEGINNING IN TWO THOUSAND FIFTEEN, BY JUNE FIFTEENTH OF EACH YEAR,
   12  PRODUCE  A  REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, AND THE
   13  TEMPORARY PRESIDENT OF THE  SENATE  DESCRIBING  THE  ACTIVITIES  OF  THE
   14  OFFICE, INCLUDING BUT NOT LIMITED TO, SUMMARIZING CALLS RECEIVED THROUGH
   15  THE  HOTLINE AND WEBSITE, INFORMATION ON ESOL TRAINING SERVICES PROVIDED
   16  BY THE OFFICE, THE NUMBER OF IMMIGRANTS ASSISTED THROUGH THE OPPORTUNITY
   17  CENTERS, OR AN ESTIMATION THEREOF, THE STATUS OF ANY WORKFORCE  DEVELOP-
   18  MENT PROGRAMS, AND ANY OTHER RELEVANT INFORMATION.
   19    S  7.  The penal law is amended by adding a new section 190.87 to read
   20  as follows:
   21  S 190.87 IMMIGRANT ASSISTANT SERVICES FRAUD IN THE SECOND DEGREE.
   22    A PERSON IS GUILTY OF  IMMIGRANT  ASSISTANCE  SERVICES  FRAUD  IN  THE
   23  SECOND  DEGREE WHEN, WITH INTENT TO DEFRAUD ANOTHER PERSON SEEKING IMMI-
   24  GRANT ASSISTANCE SERVICES, AS DEFINED IN  ARTICLE TWENTY-EIGHT-C OF  THE
   25  GENERAL  BUSINESS LAW, FROM SUCH PERSON, HE OR SHE VIOLATES SECTION FOUR
   26  HUNDRED SIXTY-D OF THE GENERAL BUSINESS LAW WITH INTENT TO OBTAIN  PROP-
   27  ERTY  FROM SUCH OTHER PERSON BY FALSE OR FRAUDULENT PRETENSES, REPRESEN-
   28  TATIONS OR PROMISES, AND THEREBY WRONGFULLY OBTAINS SUCH PROPERTY.
   29    IMMIGRANT ASSISTANCE SERVICES FRAUD IN THE SECOND DEGREE IS A CLASS  A
   30  MISDEMEANOR.
   31    S  8.  The penal law is amended by adding a new section 190.89 to read
   32  as follows:
   33  S 190.89 IMMIGRANT ASSISTANCE SERVICES FRAUD IN THE FIRST DEGREE.
   34    A PERSON IS GUILTY OF IMMIGRANT ASSISTANCE SERVICES FRAUD IN THE FIRST
   35  DEGREE WHEN, WITH INTENT TO DEFRAUD  ANOTHER  PERSON  SEEKING  IMMIGRANT
   36  ASSISTANCE SERVICES, AS DEFINED IN ARTICLE TWENTY-EIGHT-C OF THE GENERAL
   37  BUSINESS  LAW, FROM SUCH PERSON, HE OR SHE VIOLATES SECTION FOUR HUNDRED
   38  SIXTY-D OF THE GENERAL BUSINESS LAW WITH INTENT TO OBTAIN PROPERTY  FROM
   39  SUCH  OTHER  PERSON BY FALSE OR FRAUDULENT PRETENSES, REPRESENTATIONS OR
   40  PROMISES, AND THEREBY WRONGFULLY OBTAINS SUCH PROPERTY WITH A  VALUE  IN
   41  EXCESS OF ONE THOUSAND DOLLARS.
   42    IMMIGRANT  ASSISTANCE  SERVICES FRAUD IN THE FIRST DEGREE IS A CLASS E
   43  FELONY.
   44    S 9. This act shall take effect on the one hundred eightieth day after
   45  it shall have become a law.  Effective immediately, the addition, amend-
   46  ment and/or repeal of any rule or regulation necessary for the implemen-
   47  tation of this act on its effective date are authorized to be  made  and
   48  completed on or before such effective date.
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