AB77 Summary:

BILL NO    A00077 

SAME AS    SAME AS S01705

SPONSOR    Kavanagh

COSPNSR    Mosley

MLTSPNSR   

Add S460-k, amd SS460-e, 460-g, 460-h & 460-i, Gen Bus L

Enacts the immigration provider enforced disclosure information and
registration (IMPEDIR) act of 2013.
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AB77 Actions:

BILL NO    A00077 

01/09/2013 referred to economic development
01/08/2014 referred to economic development
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AB77 Votes:

There are no votes for this bill in this legislative session.
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AB77 Text:

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

                                          77

                              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 enacting the
         Immigration Provider Enforced Disclosure Information and  Registration
         (IMPEDIR) Act of 2013

         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  "Immi-
    2  gration Provider Enforced Disclosure Information and Registration (IMPE-
    3  DIR) Act of 2013".
    4    S 2. The general business law is amended by adding a new section 460-k
    5  to read as follows:
    6    S  460-K.  CERTIFICATE  OF  REGISTRATION.   1. THE DEPARTMENT OF STATE
    7  SHALL, IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, ISSUE  CERTIF-
    8  ICATES  OF  REGISTRATION WHICH SHALL BE VALID, UNLESS EARLIER REVOKED OR
    9  SUSPENDED, FOR A PERIOD OF TWO YEARS, TO PROVIDERS  AND,  UPON  APPLICA-
   10  TION,  ISSUE  RENEWAL  CERTIFICATES OF REGISTRATION EVERY TWO YEARS. THE
   11  SECRETARY OF STATE SHALL ENFORCE THE PROVISIONS OF THIS ARTICLE  GOVERN-
   12  ING  THE  FILING  AND  MAINTENANCE  OF SURETY BONDS AND APPLICATIONS FOR
   13  REGISTRATION AND/OR RENEWAL.
   14    2. ANY PERSON INTENDING TO ENGAGE, AS AN IMMIGRANT ASSISTANCE  SERVICE
   15  PROVIDER, IN ANY ONE OR MORE OF THE ACTIVITIES SET FORTH IN THIS ARTICLE
   16  SHALL  FILE  WITH  THE  DEPARTMENT  OF  STATE  A WRITTEN APPLICATION AND
   17  DISCLOSURE, ON FORMS TO BE PROVIDED BY THE DEPARTMENT OF STATE, CONTAIN-
   18  ING SUCH INFORMATION AND DOCUMENTATION TO BE RETAINED BY  THE  SECRETARY
   19  OF  STATE  AS  THE SECRETARY OF STATE MAY REQUIRE BY RULE OR REGULATION,
   20  INCLUDING BUT NOT LIMITED TO: (A) THE NAME,  DATE  OF  BIRTH,  RESIDENCE
   21  ADDRESS,  BUSINESS  ADDRESS,  RESIDENCE  TELEPHONE  NUMBER, AND BUSINESS
   22  TELEPHONE NUMBER OF SUCH PERSON;  (B)  THE  NAME  AND  ADDRESS  OF  SUCH
   23  PERSON'S  AGENT  FOR  SERVICE  OF PROCESS IF ONE IS REQUIRED OR HAS BEEN

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02988-02-3
       A. 77                               2

    1  APPOINTED AND, IF APPLICABLE, THE NAME, BUSINESS ADDRESS, BUSINESS TELE-
    2  PHONE AND AGENT FOR SERVICE OF PROCESS OF THE CORPORATION OR PARTNERSHIP
    3  EMPLOYING SUCH PERSON; (C) A RECORD OF ANY  PRIOR  CONVICTIONS  FOR  ANY
    4  CRIME  COMMITTED IN THIS STATE OR ANY OTHER JURISDICTION.  THE SECRETARY
    5  OF STATE SHALL DEVELOP THE DISCLOSURE FORM REQUIRED TO FILE AN  APPLICA-
    6  TION  AND BOND PURSUANT TO THIS SECTION AND SECTION FOUR HUNDRED SIXTY-G
    7  OF THIS ARTICLE.
    8    3. THE SECRETARY OF STATE SHALL CHARGE AND COLLECT A REASONABLE FILING
    9  FEE AT THE TIME OF APPLICATION AND/OR  RENEWAL  TO  COVER  THE  COST  OF
   10  FILING  THE  BOND REQUIRED BY SECTION FOUR HUNDRED SIXTY-G OF THIS ARTI-
   11  CLE.
   12    4. THE DEPARTMENT OF STATE SHALL MAKE PUBLIC ON ITS WEBSITE UPDATED AT
   13  LEAST MONTHLY, AND SHALL MAKE AVAILABLE IN RESPONSE TO  THE  REQUEST  OF
   14  ANY  CUSTOMER,  A  LIST OF PROVIDERS WHO ARE REGISTERED PURSUANT TO THIS
   15  ARTICLE. EACH PROVIDER  SHALL  CONSPICUOUSLY  POST  ITS  CERTIFICATE  OF
   16  REGISTRATION AT ITS PLACE OF BUSINESS.
   17    5.  IMMIGRANT  ASSISTANCE  SERVICE  PROVIDERS WHO HAVE REGISTERED MUST
   18  INFORM THE SECRETARY OF STATE OF ANY CHANGES IN THEIR  NAME,  ADDRESSES,
   19  OR TELEPHONE NUMBERS WITHIN THIRTY DAYS OF SUCH CHANGE.
   20    6.  THE  SECRETARY  OF  STATE  SHALL  ESTABLISH A PROCEDURE FOR FILING
   21  COMPLAINTS AND INVESTIGATING THE COMPLAINT ON BEHALF OF AN INJURED PARTY
   22  OR ANY OTHER PARTY WHO, UPON INFORMATION AND BELIEF, CLAIMS A  VIOLATION
   23  OF THIS ARTICLE. THE SECRETARY OF STATE SHALL INITIATE ANY INVESTIGATION
   24  NO  LATER THAN THIRTY DAYS AFTER RECEIPT OF A COMPLAINT AND, WHEN APPRO-
   25  PRIATE, MAY REFER ANY SUCH MATTER FOR PROSECUTION TO THE ATTORNEY GENER-
   26  AL OR OTHER APPROPRIATE LAW ENFORCEMENT AUTHORITY.
   27    7. THE DEPARTMENT OF STATE SHALL HAVE THE POWER TO REVOKE  OR  SUSPEND
   28  ANY  CERTIFICATE OF REGISTRATION, OR REPRIMAND ANY REGISTRANT OR DENY AN
   29  APPLICATION FOR A CERTIFICATE OF REGISTRATION OR  RENEWAL  THEREOF  UPON
   30  PROOF:
   31    (A)  THAT  THE  APPLICANT  OR  REGISTRANT  HAS  VIOLATED  ANY  OF  THE
   32  PROVISIONS OF THIS ARTICLE OR  THE  RULES  AND  REGULATIONS  PROMULGATED
   33  HEREUNDER;
   34    (B)  THAT  THE  APPLICANT OR REGISTRANT HAS PRACTICED FRAUD, DECEIT OR
   35  MISREPRESENTATION OR BEEN CONVICTED OF A FELONY;
   36    (C) THAT THE APPLICANT OR REGISTRANT HAS MADE A MATERIAL  MISSTATEMENT
   37  IN THE APPLICATION FOR OR RENEWAL OF HIS OR HER REGISTRATION;
   38    (D)  THAT THE APPLICANT OR REGISTRANT HAS DEMONSTRATED INCOMPETENCE OR
   39  UNTRUSTWORTHINESS IN HIS OR HER ACTIONS.
   40    8. ALL FEES AND OTHER MONEYS DERIVED FROM THE OPERATION OF THIS  ARTI-
   41  CLE  SHALL  ON  THE FIFTH DAY OF EACH MONTH BE PAID BY THE DEPARTMENT OF
   42  STATE INTO THE STATE TREASURY.
   43    S 3. Subdivision 8 of section 460-e of the general  business  law,  as
   44  added  by  chapter  463  of  the  laws of 2004, is amended and three new
   45  subdivisions 11, 12 and 13 are added to read as follows:
   46    8. Make any misrepresentation or false statement,  directly  or  indi-
   47  rectly,  INCLUDING,  BUT  NOT  LIMITED TO, FALSELY REPRESENTING THAT THE
   48  OFFERING OR PROVISION OF SERVICES IS NECESSARY, OR THAT THE LIFE, SAFETY
   49  OR WELFARE OF THE CUSTOMER OR HIS  OR  HER  FAMILY  WOULD  BE  ADVERSELY
   50  AFFECTED  IF  THE  SERVICES OF AN IMMIGRANT ASSISTANCE SERVICES PROVIDER
   51  ARE NOT PROVIDED.
   52    11.  PROVIDE  IMMIGRANT  ASSISTANCE  SERVICES  WITHOUT  HAVING   FIRST
   53  OBTAINED  FROM  THE  DEPARTMENT OF STATE A CURRENT, VALID CERTIFICATE OF
   54  REGISTRATION PURSUANT TO SECTION FOUR HUNDRED SIXTY-K  OF  THIS  ARTICLE
   55  AND  HAVING  IN  FULL  FORCE AND EFFECT A BOND, CONTRACT OF INDEMNITY OR
       A. 77                               3

    1  IRREVOCABLE LETTER OF CREDIT PURSUANT TO SECTION FOUR HUNDRED SIXTY-G OF
    2  THIS ARTICLE.
    3    12.  ADVERTISE  OR OTHERWISE DISSEMINATE BY ANY MEANS ANY STATEMENT OR
    4  OTHER REPRESENTATION INDICATING DIRECTLY OR BY IMPLICATION  THAT  HE  OR
    5  SHE  ENGAGES IN THE BUSINESS OF IMMIGRANT ASSISTANCE SERVICE PROVIDER OR
    6  ACTS IN THE CAPACITY OF AN  IMMIGRANT  ASSISTANCE  SERVICE  PROVIDER  OR
    7  PROPOSES  TO  ENGAGE  IN THE BUSINESS OR ACT IN THE CAPACITY OF AN IMMI-
    8  GRANT ASSISTANCE SERVICE PROVIDER, UNLESS HE OR SHE HAS ON FILE WITH THE
    9  SECRETARY OF STATE A VALID CERTIFICATE OF REGISTRATION PURSUANT TO  THIS
   10  ARTICLE AND A BOND, CONTRACT OF INDEMNITY OR IRREVOCABLE LETTER OF CRED-
   11  IT,  IN  THE  AMOUNT  AND SUBJECT TO THE TERMS DESCRIBED IN SECTION FOUR
   12  HUNDRED SIXTY-G OF THIS ARTICLE.
   13    13.  FAIL TO REVEAL TO THE CLIENT OR CUSTOMER OF SUCH PROVIDER A MATE-
   14  RIAL FACT REGARDING AN IMMIGRATION MATTER OR REGARDING  SERVICES,  WHICH
   15  FACT  COULD NOT BE REASONABLY KNOWN TO THE CLIENT, THE OMISSION OF WHICH
   16  TENDS TO MISLEAD OR DECEIVE THE CLIENT OR CUSTOMER.
   17    S 4. Sections 460-g, 460-h and 460-i of the general business  law,  as
   18  added  by  chapter  463  of  the  laws  of  2004, are amended to read as
   19  follows:
   20    S 460-g. Surety requirement. Every provider  shall  maintain  in  full
   21  force and effect a bond, contract of indemnity, or irrevocable letter of
   22  credit, payable to the people of the state of New York, in the principal
   23  amount of fifty thousand dollars; provided, however, that every provider
   24  that  receives  in excess of two hundred fifty thousand dollars in total
   25  fees and other compensation for providing immigrant  assistance  service
   26  during any twelve-month period shall maintain in full force and effect a
   27  bond, contract of indemnity, or irrevocable letter of credit, payable to
   28  the  people  of the state of New York, in the principal amount of twenty
   29  percent of such total fees and compensation. Such surety  shall  be  for
   30  the  benefit  of any customer who does not receive a refund of fees from
   31  the provider to which he or she is entitled, or is otherwise injured  by
   32  the  provider.  The  attorney  general  on behalf of the customer or the
   33  customer in his or her own name, may  maintain  an  action  against  the
   34  provider  and the surety.  THE SECRETARY OF STATE SHALL POST INFORMATION
   35  ON THE DEPARTMENT OF STATE WEBSITE DEMONSTRATING  THAT  THE  IMMIGRATION
   36  PROVIDER IS IN COMPLIANCE WITH THE BOND AS REQUIRED BY THIS SECTION.
   37    S 460-h. Enforcement. 1. Upon any violation of this article, an appli-
   38  cation  may be made by the attorney general in the name of the people of
   39  the state to a court having jurisdiction to  issue  an  injunction,  and
   40  upon notice to the respondent of not fewer than five days, to enjoin and
   41  restrain  the  continuance  of  the violation. If it shall appear to the
   42  satisfaction of the court or justice that the defendant  has,  in  fact,
   43  violated  this  article,  an  injunction  may be issued by such court or
   44  justice,  enjoining  and  restraining  any  further  violation,  without
   45  requiring  proof  that  any person has, in fact, been injured or damaged
   46  thereby. In any such proceeding, the court may make  allowances  to  the
   47  attorney  general  as  provided  in  paragraph six of subdivision (a) of
   48  section eighty-three hundred three of the civil practice law and  rules,
   49  and  direct  restitution.  Whenever  the  court  shall  determine that a
   50  violation of this article has occurred, the court  may  impose  a  civil
   51  penalty  of  not more than [seven thousand five hundred] TWENTY THOUSAND
   52  dollars for each violation, PROVIDED HOWEVER, THE  COURT  MAY  IMPOSE  A
   53  CIVIL  PENALTY  OF  NOT  MORE  THAN  TWENTY-FIVE  THOUSAND DOLLARS FOR A
   54  VIOLATION OF SUBDIVISION ONE, TWO, THREE, FOUR, FIVE, SIX OR  ELEVEN  OF
   55  SECTION FOUR HUNDRED SIXTY-E OF THIS ARTICLE.
       A. 77                               4

    1    2.  A PERSON CLAIMING TO BE AGGRIEVED BY ANY VIOLATION OF THIS ARTICLE
    2  BY A PROVIDER MAY BRING A CIVIL ACTION FOR INJUNCTIVE RELIEF, DAMAGES OR
    3  BOTH. THE COURT SHALL GRANT A PREVAILING PLAINTIFF REASONABLE ATTORNEYS'
    4  FEES AND COSTS. ANY RECOVERY OR PROCEEDING IN A CIVIL ACTION  SHALL  NOT
    5  PRECLUDE  AN  ACTION  BY  THE  ATTORNEY  GENERAL OR DISTRICT ATTORNEY TO
    6  PURSUE CRIMINAL CHARGES AGAINST AN IMMIGRANT ASSISTANCE SERVICE  PROVID-
    7  ER. MINIMAL RECOVERY FOR THE PLAINTIFF SHALL BE FIVE THOUSAND DOLLARS.
    8    S  460-i. Violations.   [Any] 1. EXCEPT AS PROVIDED IN SUBDIVISION TWO
    9  OF THIS SECTION, ANY violation of any provision of this article shall be
   10  a class A misdemeanor, and upon conviction the court may order  as  part
   11  of  the  sentence imposed restitution or reparation to the victim of the
   12  crime pursuant to section 60.27 of the penal law.
   13    2.  ANY VIOLATION OF SUBDIVISION ONE, TWO, THREE, FOUR, FIVE,  SIX  OR
   14  ELEVEN  OF SECTION FOUR HUNDRED SIXTY-E OF THIS ARTICLE SHALL BE A CLASS
   15  E FELONY, PROVIDED HOWEVER THAT ANY SUCH VIOLATION SHALL BE  A  CLASS  D
   16  FELONY  WHEN  COMMITTED BY A PERSON WHO HAS PREVIOUSLY BEEN CONVICTED OF
   17  ANY SUCH VIOLATION IN THE PRECEDING TEN YEARS.
   18    S 5. This act shall take effect on the first of January next  succeed-
   19  ing the date on which it shall have become a law; provided, however that
   20  effective immediately, the addition, amendment and/or repeal of any rule
   21  or regulation necessary for the implementation of this act on its effec-
   22  tive  date  are  authorized  and directed to be made and completed on or
   23  before such effective date.
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