NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A77
SPONSOR: Kavanagh TITLE OF BILL: An act to amend the general business law, in relation
to enacting the Immigration Provider Enforced Disclosure Information and
Registration (IMPEDIR) Act of 2013
PURPOSE:
To expand and enhance existing protections against unscrupulous and
fraudulent immigrant assistance service providers by establishing a
compulsory registration scheme for providers of these services and
creating both new and significantly enhanced civil and criminal penal-
ties for providers that violate the law.
SUMMARY OF PROVISIONS:
Section 1 of the bill establishes the title of the Act as the "Immi-
gration Provider Enforced Disclosure Information and Registration (IMPE-
DIR) Act of 2011."
Section 2 of the bill adds a new section 460-k to the General Business
Law to: (1) require immigrant assistance service providers to register
with the NYS Secretary of State (the "Secretary") prior to engaging in
the provision of immigrant assistance services; (2) require the Secre-
tary to make public on its website a list of currently registered
providers; (3) require the Secretary to collect a reasonable filing fee
for registration and renewal applications; (4) require the Secretary to
establish a procedure for the filing and investigation of complaints
against providers; (5) empower the Secretary to refer any such matter
for prosecution to the NYS Attorney General or other appropriate law
enforcement agency; and (6) empower the Secretary to deny an application
for registration or renewal (or revoke or suspend an existing registra-
tion) on specified grounds.
Section 3 of the bill amends section 460-e of the General Business Law
to include additional prohibited acts. Among other things, the bill
would expressly prohibit providers from advertising or providing immi-
grant assistance services without having first obtained a valid certif-
icate of registration from the Secretary, as well as a valid surety
bond, contract of indemnity or irrevocable letter of credit pursuant to
existing section 460-g of the General Business Law.
Section 4 of the bill amends: (1) section 460-g of the General Business
Law to add a requirement that the Secretary post on the Department's
website information relating to providers' compliance with the bond
requirement of section 460-g; (2) section 460-h of the General Business
Law to increase the maximum permissible civil penalties for violations
of GBL Article 28-C ("Immigrant Assistance Services") from $7,500 to
$20,000 (or $25,000 for violations of certain enumerated provisions) and
to permit aggrieved persons to bring a civil action for injunctive
relief, damages or both; and (3) section 460-i of the General Business
Law to increase the criminal penalty for certain violations of article
28-C (e.g., providing services without a valid certificate of registra-
tion; giving legal advice as a non-attorney immigrant assistance service
provider or otherwise engaging as a service provider in the unauthorized
practice of law) from a class A misdemeanor to a class E felony (and a
class D felony for repeat offenders).
Section 5 of the bill establishes the effective date.
JUSTIFICATION:
Immigrants seeking assistance in immigration-related matters (e.g.
obtaining legal residence, work authorization, citizenship or helping
family members) are routinely preyed upon by unscrupulous "immigration
service providers."
Many of these "providers" falsely claim that they are attorneys or have
close connections with the U.S. Citizenship and Immigration Services,
often times using titles that deceive people into believing that they
are, in fact, attorneys at law. Victims of these scams are often immi-
grants who not only stand to lose large sums of money but also are like-
ly to suffer harm to their immigration status.
The New York Immigration Assistance Services law was enacted in 2004 to
protect immigrants from being exploited by establishing new standards
and protections to effectively regulate the activities of those who
would take advantage of them.
However, events have demonstrated that the 2004 reforms were not enough
to prevent bad actors from taking advantage of hard-working immigrants
who are attempting to achieve citizenship and their own version of the
American Dream. This bill seeks to enact a comprehensive registration
mechanism and authorize enhanced civil and criminal penalties so that
New York e can monitor and, where appropriate, investigate and prosecute
to the fullest extent of the law those who would seek to defraud and
prey upon immigrants.
LEGISLATIVE HISTORY:
2012: A0627 (Kavanagh) - Economic Development
2011: A0627 (Kavanagh) - Economic Development
2010: A10491 (Espaillat) - Ways and Means
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law; provided, however that effec-
tive immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its effective
date are authorized and directed to be made and completed on or before
such effective date.
