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AB78 Text:

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

                                          78

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
         tee on Economic Development

       AN  ACT  to  amend  the general business law, in relation to immigration
         providers

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The general business law is amended by adding a new section
    2  460-k to read as follows:
    3    S  460-K. LICENSES. 1. THE DEPARTMENT OF STATE SHALL ISSUE LICENSES TO
    4  IMMIGRATION PROVIDERS AND, UPON APPLICATION, TO ISSUE  RENEWAL  LICENSES
    5  EVERY  TWO YEARS. THE SECRETARY OF STATE SHALL ENFORCE THE PROVISIONS OF
    6  THIS ARTICLE GOVERNING THE FILING AND MAINTENANCE OF  SURETY  BONDS  AND
    7  THE APPLICATION FOR LICENSURE AND/OR RENEWAL.
    8    2.  NO  PERSON  SHALL  ENGAGE  IN THE BUSINESS OF IMMIGRANT ASSISTANCE
    9  SERVICE AS DEFINED IN SECTION FOUR HUNDRED SIXTY-A OF THIS  ARTICLE,  OR
   10  ADVERTISE HIS OR HER BUSINESS TO BE THAT OF IMMIGRATION PROVIDER WITHOUT
   11  HAVING  FIRST  OBTAINED FROM THE DEPARTMENT OF STATE A LICENSE TO DO SO,
   12  PURSUANT TO THIS ARTICLE.
   13    3. NO PERSON SHALL DISSEMINATE BY ANY MEANS ANY  STATEMENT  INDICATING
   14  DIRECTLY  OR  BY  IMPLICATION THAT THE PERSON ENGAGES IN THE BUSINESS OF
   15  IMMIGRANT ASSISTANCE SERVICE AS DEFINED IN SECTION FOUR HUNDRED  SIXTY-A
   16  OF  THIS  ARTICLE OR ACTS IN THE CAPACITY OF AN IMMIGRATION PROVIDER, OR
   17  PROPOSES TO ENGAGE IN THE BUSINESS OR ACT IN THE CAPACITY  OF  AN  IMMI-
   18  GRATION  PROVIDER,  UNLESS  THE PERSON HAS ON FILE WITH THE SECRETARY OF
   19  STATE A BOND AND LICENSE,  IN  THE  AMOUNT  AND  SUBJECT  TO  THE  TERMS
   20  DESCRIBED IN SECTION FOUR HUNDRED SIXTY-G OF THIS ARTICLE.
   21    4.  ANY PERSON INTENDING TO ENGAGE, AS AN IMMIGRATION PROVIDER, IN ANY
   22  ONE OR MORE OF THE ACTIVITIES SET FORTH IN THIS ARTICLE SHALL FILE  WITH
   23  THE  DEPARTMENT  OF STATE A WRITTEN APPLICATION AND DISCLOSURE, ON FORMS
   24  PROVIDED BY THE DEPARTMENT OF STATE,  CONTAINING  SUCH  INFORMATION  AND

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02768-01-3
       A. 78                               2

    1  DOCUMENTATION  TO BE RETAINED BY THE SECRETARY OF STATE AS THE SECRETARY
    2  OF STATE MAY REQUIRE BY RULE AND REGULATION, INCLUDING BUT  NOT  LIMITED
    3  TO:  (A) NAME, DATE OF BIRTH, RESIDENCE ADDRESS, BUSINESS ADDRESS, RESI-
    4  DENCE  TELEPHONE  NUMBER,  AND BUSINESS TELEPHONE NUMBER; (B) EXPERIENCE
    5  THE PROVIDER HAS HAD  WITH  IMMIGRATION;  (C)  PLACES  OF  BUSINESS  AND
    6  EMPLOYEES,  IF  ANY;  (D)  NAME  AND ADDRESS OF THE PROVIDER'S AGENT FOR
    7  SERVICE OF PROCESS IF ONE IS REQUIRED OR  HAS  BEEN  APPOINTED  AND,  IF
    8  APPLICABLE, THE NAME, BUSINESS ADDRESS, BUSINESS TELEPHONE AND AGENT FOR
    9  SERVICE OF PROCESS OF THE CORPORATION OR PARTNERSHIP EMPLOYING THE IMMI-
   10  GRATION PROVIDER; (E) A RECORD OF ANY PRIOR CONVICTIONS UNDER THIS ARTI-
   11  CLE.   THE SECRETARY OF STATE SHALL DEVELOP THE DISCLOSURE FORM REQUIRED
   12  TO FILE AN APPLICATION AND BOND PURSUANT TO  THIS  SECTION  AND  SECTION
   13  FOUR HUNDRED SIXTY-G OF THIS ARTICLE.
   14    5. THE SECRETARY OF STATE SHALL CHARGE AND COLLECT A FILING FEE AT THE
   15  TIME  OF APPLICATION AND/OR RENEWAL TO COVER THE COST OF FILING THE BOND
   16  REQUIRED BY SECTION FOUR HUNDRED SIXTY-G OF THIS ARTICLE.
   17    S 2. Section 460-h of the general business law, as  added  by  chapter
   18  463 of the laws of 2004, is amended to read as follows:
   19    S 460-h. Enforcement. 1. Upon any violation of this article, an appli-
   20  cation  may be made by the attorney general in the name of the people of
   21  the state to a court having jurisdiction to  issue  an  injunction,  and
   22  upon notice to the respondent of not fewer than five days, to enjoin and
   23  restrain  the  continuance  of  the violation. If it shall appear to the
   24  satisfaction of the court or justice that the defendant  has,  in  fact,
   25  violated  this  article,  an  injunction  may be issued by such court or
   26  justice,  enjoining  and  restraining  any  further  violation,  without
   27  requiring  proof  that  any person has, in fact, been injured or damaged
   28  thereby. In any such proceeding, the court may make  allowances  to  the
   29  attorney  general  as  provided  in  paragraph six of subdivision (a) of
   30  section eighty-three hundred three of the civil practice law and  rules,
   31  and  direct  restitution.  Whenever  the  court  shall  determine that a
   32  violation of this article has occurred, the court  may  impose  a  civil
   33  penalty  of  not  more than seven thousand five hundred dollars for each
   34  violation.
   35    2. A PERSON CLAIMING TO BE AGGRIEVED BY ANY VIOLATION OF THIS  ARTICLE
   36  BY  AN  IMMIGRATION  PROVIDER  MAY  BRING  A CIVIL ACTION FOR INJUNCTIVE
   37  RELIEF, DAMAGES OR BOTH. THE COURT SHALL GRANT  A  PREVAILING  PLAINTIFF
   38  REASONABLE  ATTORNEYS'  FEES  AND COSTS. ANY RECOVERY OR PROCEEDING IN A
   39  CIVIL ACTION SHALL NOT PRECLUDE AN ACTION BY  THE  ATTORNEY  GENERAL  OR
   40  DISTRICT  ATTORNEY  TO  PURSUE  CRIMINAL  CHARGES AGAINST AN IMMIGRATION
   41  PROVIDER. MINIMAL RECOVERY FOR THE  PLAINTIFF  SHALL  BE  FIVE  THOUSAND
   42  DOLLARS.
   43    S  3. This act shall take effect on the first of January next succeed-
   44  ing the date on which it shall have become a law; provided, however that
   45  effective immediately, the addition, amendment and/or repeal of any rule
   46  or regulation necessary for the implementation of this act on its effec-
   47  tive date are authorized and directed to be made  and  completed  on  or
   48  before such effective date.
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