A08974 Summary:
BILL NO | A08974B |
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SAME AS | SAME AS S06732-A |
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SPONSOR | Crespo (MS) |
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COSPNSR | Ramos, Moya, Sepulveda, Weprin, Scarborough, Perry, Gunther, Arroyo, Rivera, Davila, Heastie |
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MLTSPNSR | Gottfried, Hooper, Jacobs, Miller, Montesano, Titone, Weinstein |
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Amd Gen Bus L, generally; add S94-b, Exec L; add SS190.87 & 190.89, Pen L | |
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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. |
A08974 Actions:
BILL NO | A08974B | |||||||||||||||||||||||||||||||||||||||||||||||||
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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 | |||||||||||||||||||||||||||||||||||||||||||||||||
08/01/2014 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
08/06/2014 | signed chap.206 |
A08974 Floor Votes:
Yes
Abbate
Yes
Curran
Yes
Hawley
Yes
Markey
Yes
Quart
Yes
Steck
Yes
Abinanti
Yes
Cusick
Yes
Heastie
Yes
Mayer
Yes
Ra
Yes
Stirpe
Yes
Arroyo
Yes
Cymbrowitz
Yes
Hennessey
Yes
McDonald
Yes
Raia
Yes
Sweeney
Yes
Aubry
Yes
Davila
Yes
Hevesi
Yes
McDonough
Yes
Ramos
Yes
Tedisco
Yes
Barclay
Yes
DenDekker
Yes
Hikind
Yes
McKevitt
Yes
Rivera
ER
Tenney
Yes
Barrett
Yes
Dinowitz
Yes
Hooper
Yes
McLaughlin
Yes
Roberts
Yes
Thiele
Yes
Benedetto
No
DiPietro
Yes
Jacobs
Yes
Miller
Yes
Robinson
Yes
Titone
Yes
Blankenbush
Yes
Duprey
Yes
Jaffee
Yes
Millman
Yes
Rodriguez
Yes
Titus
Yes
Borelli
Yes
Englebright
Yes
Johns
Yes
Montesano
Yes
Rosa
Yes
Walter
Yes
Braunstein
Yes
Fahy
Yes
Katz
Yes
Morelle
Yes
Rosenthal
Yes
Weinstein
Yes
Brennan
Yes
Farrell
Yes
Kavanagh
Yes
Mosley
Yes
Rozic
Yes
Weisenberg
Yes
Brindisi
Yes
Finch
Yes
Kearns
Yes
Moya
Yes
Russell
Yes
Weprin
Yes
Bronson
Yes
Fitzpatrick
AB
Kellner
No
Nojay
Yes
Ryan
Yes
Wright
Yes
Brook-Krasny
Yes
Friend
Yes
Kim
Yes
Nolan
Yes
Saladino
Yes
Zebrowski
Yes
Buchwald
Yes
Galef
Yes
Kolb
Yes
Oaks
Yes
Santabarbara
Yes
Mr. Speaker
Yes
Butler
Yes
Gantt
Yes
Lalor
Yes
O'Donnell
Yes
Scarborough
Yes
Cahill
Yes
Garbarino
Yes
Lavine
Yes
Ortiz
Yes
Schimel
ER
Camara
Yes
Giglio
Yes
Lentol
Yes
Otis
Yes
Schimminger
Yes
Ceretto
Yes
Gjonaj
Yes
Lifton
Yes
Palmesano
Yes
Sepulveda
Yes
Clark
Yes
Glick
Yes
Lopez
Yes
Palumbo
Yes
Simanowitz
Yes
Colton
Yes
Goldfeder
Yes
Lupardo
Yes
Paulin
Yes
Simotas
Yes
Cook
Yes
Goodell
Yes
Lupinacci
Yes
Peoples-Stokes
Yes
Skartados
Yes
Corwin
Yes
Gottfried
Yes
Magee
Yes
Perry
Yes
Skoufis
Yes
Crespo
Yes
Graf
Yes
Magnarelli
Yes
Pichardo
Yes
Solages
Yes
Crouch
Yes
Gunther
Yes
Malliotakis
Yes
Pretlow
Yes
Stec
‡ Indicates voting via videoconference
A08974 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 8974--B IN ASSEMBLY 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 § 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14270-06-4A. 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 § 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 § 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 will26provide 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 [payment6of] 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 registered19or 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 any24fees 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 anyA. 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 § 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 [§ 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 [TO47YOU] 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 § [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 § [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 § [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 § 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 § 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 § 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 § 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 § 5. The general business law is amended by adding a new section 460-k 20 to read as follows: 21 § 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 § 6. The executive law is amended by adding a new section 94-b to read 2 as follows: 3 § 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 § 7. The penal law is amended by adding a new section 190.87 to read 20 as follows: 21 § 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 § 8. The penal law is amended by adding a new section 190.89 to read 32 as follows: 33 § 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 § 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.