S T A T E O F N E W Y O R K
________________________________________________________________________
6732--A
I N S E N A T E
March 4, 2014
___________
Introduced by Sens. DIAZ, KRUEGER, PERKINS, SAMPSON -- read twice and
ordered printed, and when printed to be committed to the Committee on
Consumer Protection -- committee discharged, bill amended, ordered
reprinted as amended and recommitted 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:
Section 1. This act shall be known and may be cited as the "immigrant
assistance service enforcement act".
S 2. Section 460-a of the general business law, as added by chapter
463 of the laws of 2004, is amended to read as follows:
S 460-a. Definitions AND APPLICABILITY. For the purpose of this arti-
cle the following terms shall have the following meanings:
1. "Immigrant assistance service" means providing assistance, for a
fee or other compensation, to persons who have, or plan to, come to the
United States from a foreign country, or their representatives, in
relation to any proceeding, filing or action affecting the non-immi-
grant, immigrant or citizenship status of a person which arises under
the immigration and nationality law, executive order or presidential
proclamation, or which arises under actions or regulations of the United
States [bureau of] citizenship and immigration services, THE UNITED
STATES DEPARTMENT OF HOMELAND SECURITY, the United States department of
labor, or the United States department of state.
2. "Provider" means any person, including but not limited to a corpo-
ration, partnership, limited liability company, sole proprietorship or
natural person, that provides immigrant assistance services, but shall
not include (a) any person duly admitted to practice law in this state
and any person working directly under the supervision of the person
admitted; (b) any not-for-profit tax exempt organization that provides
immigrant assistance without a fee or other payment from individuals or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14270-07-4
S. 6732--A 2
at nominal fees as defined by the federal board of immigration appeals,
and the employees of such organization when acting within the scope of
such employment; (c) any organization recognized by the federal board of
immigration appeals that provides services via representatives accred-
ited by such board to appear before the [bureau of] UNITED STATES citi-
zenship and immigration services and/or executive office for immigration
review, that does not charge a fee or charges nominal fees as defined by
the board of immigration appeals; [or] (d) any authorized agency under
subdivision ten of section three hundred seventy-one of the social
services law and the employees of such organization when acting within
the scope of such employment; OR (E) ANY INDIVIDUAL PROVIDING REPRESEN-
TATION IN AN IMMIGRATION-RELATED PROCEEDING UNDER FEDERAL LAW FOR WHICH
FEDERAL LAW OR REGULATION ESTABLISHES SUCH INDIVIDUAL'S AUTHORITY TO
APPEAR.
S 3. Sections 460-b, 460-c, 460-d, 460-e, 460-f, 460-g and 460-i of
the general business law, as added by chapter 463 of the laws of 2004,
are amended and a new section 460-g is added to read as follows:
S 460-b. Immigrant assistance service contracts. 1. No immigrant
assistance service shall be provided until the customer has executed a
written contract with the IMMIGRANT ASSISTANT SERVICE provider [who will
provide such services]. The contract shall be in a language understood
by the customer, either alone or with the assistance of an available
interpreter, and, if that language is not English, an English language
version of the contract must also be provided. A copy of the contract
shall be provided to the customer upon the customer's execution of the
contract. THE INTERPRETER SHALL PROVIDE AN ATTESTATION AFFIRMING THE
ACCURACY OF HIS OR HER TRANSLATION, TO BE ATTACHED TO THE CONTRACT.
2. (A) The customer has the right to cancel the contract within three
business days after his or her execution of the contract, without fee or
penalty. The right to cancel the contract within three days without
payment of any fee may be waived when services must be provided imme-
diately to avoid a forfeiture of eligibility or other loss of rights or
privileges, and the customer furnishes the provider with a separate
dated and signed statement, by the customer or his or her represen-
tative, describing the need for services to be provided within three
days and expressly acknowledging and waiving the right to cancel the
contract within three days.
(B) The contract may be cancelled at any time after execution. If the
contract is cancelled [after] MORE THAN three days AFTER IT WAS SIGNED,
or within three days AFTER IT WAS SIGNED if the right to cancel without
fee has been waived, the provider may retain fees for services rendered,
and any additional amounts actually expended on behalf of the customer.
All other amounts must be returned to the customer within fifteen days
after cancellation.
3. The written contract shall be in plain language, in at least twelve
point type and shall include the following:
[1.] (A) The name, address and telephone number of the provider.
[2.] (B) Itemization of all services to be provided to the customer,
as well as the fees and costs to be charged to the customer FOR EACH
SERVICE.
[3.] (C) A statement that original documents required to be submitted
in connection with an application made to the [federal bureau of] UNITED
STATES citizenship and immigration services or for other certifications,
benefits or services provided by government may not be retained by the
immigrant assistance service provider for any reason, including [payment
of] FAILURE OF THE CUSTOMER TO PAY fees or costs OR OTHER FEE DISPUTE.
S. 6732--A 3
[4.] (D) A statement that the provider shall give the customer a copy
of each document [filed with a governmental entity] PREPARED WITH THE
PROVIDER'S ASSISTANCE.
[5.] (E) A statement that the customer is not required to obtain
supporting documents through the immigrant assistance service provider,
[but] AND may obtain such documents himself or herself, ALONG WITH THE
STATEMENT: "THE U.S. GOVERNMENT PROVIDES INFORMATION ON REQUIRED FORMS
AND DOCUMENTATION FOR FREE ONLINE AND BY PHONE".
[6.] (F) The statement: "You MAY CANCEL THIS CONTRACT AT ANY TIME.
YOU have three (3) business days to cancel this contract WITHOUT FEE OR
PENALTY AND GET BACK ANY FEES THAT YOU HAVE ALREADY PAID. Notice of
cancellation [must be in writing, signed by you and mailed by registered
or certified] MAY BE MADE BY COMPLETING THE CANCELLATION FORM INCLUDED
IN THIS CONTRACT, OR OTHERWISE NOTIFYING THE PROVIDER IN WRITING AND
DELIVERING SUCH FORM OR NOTIFICATION TO THE PROVIDER IN PERSON OR BY
United States mail to (specify address). If you cancel this contract
[within three days,] you will get back [your] ANY documents [and any
fees that you paid] YOU SUBMITTED TO THE PROVIDER".
(G) EACH CONTRACT SHALL CONTAIN A SEPARATE FINAL PAGE TITLED "CANCEL-
LATION FORM." THE CANCELLATION FORM SHALL CONTAIN THE FOLLOWING STATE-
MENT: "I HEREBY CANCEL THE CONTRACT OF (DATE OF CONTRACT) BETWEEN (NAME
OF PROVIDER, ADDRESS OF PROVIDER, AND PHONE NUMBER OF PROVIDER) AND
(NAME OF CUSTOMER)." BELOW THE STATEMENT SHALL BE A CUSTOMER SIGNATURE
AND DATE LINE. BELOW THE SIGNATURE AND DATE LINE, THE FORM SHALL CONTAIN
THE STATEMENT REQUIRED BY PARAGRAPH (H) OF THIS SUBDIVISION, PRINTED IN
TWELVE POINT OR LARGER TEXT.
[7.] (H) A statement that the [immigration services] IMMIGRANT ASSIST-
ANCE SERVICE provider has financial surety in effect for the benefit of
any customer in the event that the customer is owed a refund, or is
damaged by the actions of the provider, together with the name, address
and telephone number of the surety.
[8.] (I) The statement: "The individual providing assistance to you
under this contract is not an attorney licensed to practice law or
accredited by the board of immigration appeals to provide representation
to you before the [bureau of] UNITED STATES citizenship and immigration
services, THE DEPARTMENT OF HOMELAND SECURITY, THE EXECUTIVE OFFICE FOR
IMMIGRATION REVIEW, the department of labor, the department of state or
any immigration authorities and may not give legal advice or accept fees
for legal advice["]. FOR A FREE LEGAL REFERRAL CALL THE OFFICE FOR NEW
AMERICANS HOTLINE AT (PHONE NUMBER OF THE OFFICE FOR NEW AMERICANS), THE
NEW YORK STATE OFFICE OF THE ATTORNEY GENERAL AT (PHONE NUMBER OF THE
OFFICE OF THE ATTORNEY GENERAL), OR YOUR LOCAL DISTRICT ATTORNEY OR
PROSECUTOR." THE SERVICE PROVIDER SHALL BE RESPONSIBLE FOR PROVIDING
THE ACCURATE AND UP-TO-DATE PHONE NUMBERS REQUIRED IN SUCH STATEMENT.
[9.] (J) The statement: "The individual providing assistance to you
under this contract is prohibited from disclosing any information ABOUT
YOU TO, or filing any forms or documents ON YOUR BEHALF with, immi-
gration or other authorities without your knowledge and consent EXCEPT
AS REQUIRED BY LAW." A PROVIDER SHALL PROMPTLY NOTIFY THE CUSTOMER IN
WRITING WHEN SUCH PROVIDER HAS DISCLOSED ANY INFORMATION TO OR FILED ANY
FORM OR DOCUMENT WITH IMMIGRATION OR OTHER AUTHORITIES WHEN SUCH DISCLO-
SURE OR FILING WAS REQUIRED BY LAW AND DONE WITHOUT THE KNOWLEDGE AND
CONSENT OF THE CUSTOMER.
[10.] (K) The statement: "A copy of all forms completed and documents
accompanying the forms shall be kept by the service provider for three
S. 6732--A 4
years. A copy of the [customers] CUSTOMER'S file shall be provided to
the [client] CUSTOMER on demand and without fee."
(L) ON THE SAME PAGE AS THE SIGNATURE LINE, THE STATEMENT: "THE INDI-
VIDUAL PROVIDING ASSISTANCE TO YOU UNDER THE TERMS OF THIS CONTRACT MUST
EXPLAIN THE CONTENTS OF THIS CONTRACT TO YOU AND ANSWER ANY QUESTIONS
ABOUT IT THAT YOU MAY HAVE."
S 460-c. REQUIRED NOTICES. 1. Posting of signs. Every provider shall
post signs, at every location where such provider meets with customers,
setting forth information in English and in every other language in
which the person provides or offers to provide immigrant assistance
SERVICES. There shall be a separate sign for each language, and each
shall be posted in a location where it will be visible to customers.
[1.] (A) One sign shall be at least eleven inches by seventeen inches,
and shall contain the following in not less than sixty point type:
"THE INDIVIDUAL PROVIDING ASSISTANCE TO YOU UNDER THIS [CONTACT]
CONTRACT IS NOT AN ATTORNEY LICENSED TO PRACTICE LAW OR ACCREDITED BY
THE BOARD OF IMMIGRATION APPEALS TO PROVIDE REPRESENTATION TO YOU BEFORE
THE [BUREAU OF] UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, THE
DEPARTMENT OF HOMELAND SECURITY, THE EXECUTIVE OFFICE FOR IMMIGRATION
REVIEW, THE DEPARTMENT OF LABOR, THE DEPARTMENT OF STATE OR ANY IMMI-
GRATION AUTHORITIES AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR
LEGAL ADVICE["]. FOR A FREE LEGAL REFERRAL CALL THE OFFICE FOR NEW
AMERICANS HOTLINE AT (PHONE NUMBER OF THE OFFICE FOR NEW AMERICANS). TO
FILE A COMPLAINT ABOUT AN IMMIGRANT ASSISTANCE SERVICE PROVIDER CALL THE
OFFICE FOR NEW AMERICANS HOTLINE AT (PHONE NUMBER OF THE OFFICE FOR NEW
AMERICANS), THE NEW YORK STATE OFFICE OF ATTORNEY GENERAL AT (PHONE
NUMBER OF THE OFFICE OF ATTORNEY GENERAL), OR YOUR LOCAL DISTRICT ATTOR-
NEY OR PROSECUTOR'S OFFICE AT (PHONE NUMBER OF THE LOCAL DISTRICT ATTOR-
NEY)." THE SERVICE PROVIDER SHALL BE RESPONSIBLE FOR PROVIDING THE ACCU-
RATE AND UP-TO-DATE PHONE NUMBERS REQUIRED ON SUCH SIGN.
[2.] (B) A separate sign shall be posted in a location visible to
customers in conspicuous size type and which contains the schedule of
fees for services offered and the statement: "YOU MAY CANCEL ANY
CONTRACT WITHIN 3 BUSINESS DAYS AND GET BACK YOUR DOCUMENTS AND ANY
MONEY YOU PAID."
[S 460-d.] 2. Notice in advertisements. Every provider who advertises
immigrant assistance services, whether by signs, pamphlets, newspapers,
or any other written communication shall post or otherwise include with
such advertisement a notice in the language in which the advertisement
appears. This notice shall be of a conspicuous size and shall state:
"THE INDIVIDUAL [PROVIDING] OFFERING TO PROVIDE IMMIGRANT ASSISTANCE [TO
YOU] SERVICES IS NOT AN ATTORNEY LICENSED TO PRACTICE LAW OR ACCREDITED
BY THE BOARD OF IMMIGRATION APPEALS TO PROVIDE REPRESENTATION [TO YOU]
BEFORE THE [BUREAU OF] UNITED STATES CITIZENSHIP AND IMMIGRATION
SERVICES, THE DEPARTMENT OF HOMELAND SECURITY, THE EXECUTIVE OFFICE FOR
IMMIGRATION REVIEW, THE DEPARTMENT OF LABOR, THE DEPARTMENT OF STATE OR
ANY IMMIGRATION AUTHORITIES AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES
FOR LEGAL ADVICE[".]."
S [460-e.] 460-D. Prohibited acts. No provider shall:
1. Give legal advice, or otherwise engage in the practice of law.
2. Assume, use or advertise the title of lawyer or attorney at law, or
equivalent terms in the English language or any other language, or
represent or advertise other titles or credentials, including but not
limited to "notary public", "accredited representative of the board of
immigration appeals["]," "NOTARIO PUBLIC", "NOTARIO", "IMMIGRATION
SPECIALIST" or "immigration consultant," that could cause a customer to
S. 6732--A 5
believe that the person possesses special professional skills or is
authorized to provide advice on an immigration matter; provided that a
notary public licensed by the secretary of state may use the term "nota-
ry public."
3. State or imply that the [person] PROVIDER can or will obtain
special favors from or has special influence with the [bureau of] UNITED
STATES citizenship and immigration services, THE UNITED STATES DEPART-
MENT OF HOMELAND SECURITY, THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
or any other governmental entity[, or threaten].
4. THREATEN to report the [client] CUSTOMER to immigration or other
authorities or THREATEN TO undermine in any way the [client's] CUSTOM-
ER'S immigration status or attempt to secure lawful status.
[4.] 5. Demand or retain any fees or compensation for services not
performed, SERVICES TO BE PERFORMED IN THE FUTURE, or costs that are not
actually incurred.
[5.] 6. Advise, direct or permit a customer to answer questions on a
government document, or in a discussion with a government official, in a
specific way where the provider knows or has reasonable cause to believe
that the answers are false or misleading.
[6.] 7. Disclose any information to, or file any forms or documents
with, immigration or other authorities ON BEHALF OF A CUSTOMER without
the knowledge or consent of the customer EXCEPT WHERE REQUIRED BY LAW. A
PROVIDER SHALL PROMPTLY NOTIFY THE CUSTOMER IN WRITING WHEN SUCH PROVID-
ER HAS DISCLOSED ANY INFORMATION TO OR FILED ANY FORM OR DOCUMENT WITH
IMMIGRATION OR OTHER AUTHORITIES WHEN SUCH DISCLOSURE OR FILING WAS
REQUIRED BY LAW AND DONE WITHOUT THE KNOWLEDGE AND CONSENT OF THE
CUSTOMER.
[7.] 8. Fail to provide customers with copies of documents filed with
a governmental entity or refuse to return original documents supplied
by, prepared on behalf of, or paid for by the customer, upon the request
of the customer, or upon termination of the contract. Original documents
must be returned promptly upon request and upon cancellation of the
contract, even if there is a fee dispute between the immigration assist-
ance service provider and the customer.
[8.] 9. Make any misrepresentation or false statement, directly or
indirectly.
[9.] 10. Make any guarantee or promise to a customer, unless there is
a basis in fact for such representation, and the guarantee or promise is
in writing.
[10.] 11. Represent that a fee may be charged, or charge a fee for the
distribution, provision or submission of an official document or form
issued or promulgated by a state or federal governmental entity, or for
a referral of the customer to another person or entity that is qualified
to provide services or assistance which the immigrant assistance service
provider will not provide.
12. FOR A FEE OR OTHER COMPENSATION REFER A CUSTOMER TO AN ATTORNEY OR
ANY OTHER INDIVIDUAL OR ENTITY THAT CAN PROVIDE SERVICES THAT THE IMMI-
GRANT ASSISTANCE SERVICE PROVIDER CANNOT PROVIDE.
13. GIVE ADVICE ON THE DETERMINATION OF A PERSON'S IMMIGRATION STATUS,
INCLUDING ADVISING HIM OR HER AS TO ANSWERS ON A GOVERNMENT FORM REGARD-
ING SUCH DETERMINATION.
14. PROMISE TO EXPEDITE IMMIGRATION OR OTHER IMMIGRATION RELATED
GOVERNMENTAL BENEFIT PROCESSES, THROUGH CLAIMS TO HAVE SPECIAL RELATION-
SHIPS WITH OR SPECIAL ACCESS TO GOVERNMENT EMPLOYEES WHO WILL EXPEDITE
APPLICATIONS OR ISSUE FAVORABLE DECISIONS FOR ANY REASON OTHER THAN THE
MERITS OF THE APPLICATION.
S. 6732--A 6
15. KNOWINGLY PROVIDE MISLEADING OR FALSE INFORMATION TO A NONCITIZEN
ABOUT HIS OR HER INDIVIDUAL OR FAMILY'S ELIGIBILITY FOR IMMIGRATION
BENEFITS OR STATUS, OR TO NONCITIZENS OR CITIZENS ABOUT THEIR INDIVIDUAL
OR FAMILY'S ELIGIBILITY FOR OTHER GOVERNMENT BENEFITS, WITH THE INTENT
TO INDUCE AN INDIVIDUAL TO EMPLOY THE SERVICES OF THE SERVICE PROVIDER
TO OBTAIN SUCH IMMIGRATION BENEFITS OR STATUS, OR SUCH OTHER GOVERNMENT
BENEFITS.
S [460-f.] 460-E. Retention of documents. [Every] A provider shall
retain copies of all documents prepared or obtained in connection with a
customer's request for assistance for a period of three years after a
written contract is executed by the provider and the customer, whether
or not such contract is subsequently cancelled.
S [460-g.] 460-F. Surety requirement. Every provider shall maintain in
full force and effect FOR THE ENTIRE PERIOD DURING WHICH THE PROVIDER
PROVIDES IMMIGRANT ASSISTANCE SERVICES AND FOR ONE YEAR AFTER THE
PROVIDER CEASED TO DO BUSINESS AS AN IMMIGRANT ASSISTANCE SERVICE
PROVIDER, a bond, contract of indemnity, or irrevocable letter of cred-
it, payable to the people of the state of New York, in the principal
amount of fifty thousand dollars; provided, however, that every provider
that receives in excess of two hundred fifty thousand dollars in total
fees and other compensation for providing immigrant assistance service
during any twelve-month period shall maintain in full force and effect a
bond, contract of indemnity, or irrevocable letter of credit, payable to
the people of the state of New York, in the principal amount of twenty
percent of such total fees and compensation. Such surety shall be for
the benefit of any customer who does not receive a refund of fees from
the provider to which he or she is entitled, or is otherwise injured by
the provider. The attorney general on behalf of the customer or the
customer in his or her own name, may maintain an action against the
provider and the surety.
S 460-G. ACTION. AN INDIVIDUAL WHO IS HARMED BY A PROVIDER AS A RESULT
OF A PROVIDER'S VIOLATION OF THIS ARTICLE MAY BRING AN ACTION IN HIS OR
HER OWN NAME AGAINST A PROVIDER TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE,
AN ACTION TO RECOVER HIS OR HER ACTUAL DAMAGES OR TWENTY-FIVE HUNDRED
DOLLARS, WHICHEVER IS GREATER, OR BOTH SUCH ACTIONS, IN ADDITION TO ANY
OTHER REMEDY AVAILABLE IN LAW OR EQUITY. THE COURT MAY AWARD COSTS AND
REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
S 460-i. Violations. Any violation of any provision of this article
shall be a class A misdemeanor, and upon conviction THEREOF, SHALL BE
PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BY IMPRI-
SONMENT FOR NOT MORE THAN ONE YEAR, OR BY BOTH SUCH FINE AND IMPRISON-
MENT; PROVIDED HOWEVER, A SECOND OR SUBSEQUENT OFFENSE SHALL BE PUNISHA-
BLE BY A FINE OF NOT MORE THAN THREE THOUSAND DOLLARS OR BY IMPRISONMENT
FOR NOT MORE THAN ONE YEAR, OR BY BOTH SUCH FINE AND IMPRISONMENT. IN
ADDITION, the court may order as part of the sentence imposed restitu-
tion or reparation to the victim of the crime pursuant to section 60.27
of the penal law. THE ATTORNEY GENERAL SHALL HAVE THE POWER TO PROSECUTE
ANY VIOLATION OF THIS ARTICLE.
S 4. Section 460-h of the general business law, as added by chapter
463 of the laws of 2004, is amended to read as follows:
S 460-h. Enforcement. Upon any violation of this article, an applica-
tion may be made by the attorney general in the name of the people of
the state to a court having jurisdiction to issue an injunction, and
upon notice to the respondent of not fewer than five days, to enjoin and
restrain the continuance of the violation. If it shall appear to the
satisfaction of the court or justice that the defendant has, in fact,
S. 6732--A 7
violated this article, an injunction may be issued by such court or
justice, enjoining and restraining any further violation, without
requiring proof that any person has, in fact, been injured or damaged
thereby. In any such proceeding, the court may make allowances to the
attorney general as provided in paragraph six of subdivision (a) of
section eighty-three hundred three of the civil practice law and rules,
and direct restitution. Whenever the court shall determine that a
violation of this article has occurred, the court may impose a civil
penalty of not more than [seven thousand five hundred dollars] TEN THOU-
SAND DOLLARS for each violation.
S 5. The general business law is amended by adding a new section 460-k
to read as follows:
S 460-K. ADDITIONAL CIVIL PENALTY FOR CONSUMER FRAUDS COMMITTED
AGAINST USERS OF IMMIGRANT ASSISTANCE SERVICES. 1. (A) IN ADDITION TO
ANY LIABILITY FOR DAMAGES OR A CIVIL PENALTY IMPOSED PURSUANT TO
SECTIONS THREE HUNDRED FORTY-NINE, THREE HUNDRED FIFTY-C AND THREE
HUNDRED FIFTY-D OF THIS CHAPTER, REGARDING DECEPTIVE PRACTICES AND FALSE
ADVERTISING, AND SUBDIVISION TWELVE OF SECTION SIXTY-THREE OF THE EXECU-
TIVE LAW, REGARDING PROCEEDINGS BY THE ATTORNEY GENERAL FOR EQUITABLE
RELIEF AGAINST FRAUDULENT OR ILLEGAL CONSUMER FRAUD, A PERSON OR ENTITY
WHO ENGAGES IN ANY CONDUCT PROHIBITED BY SAID PROVISIONS OF LAW, AND
WHOSE CONDUCT IS PERPETRATED AGAINST ONE OR MORE PERSONS SEEKING OR
USING IMMIGRANT ASSISTANCE SERVICES, MAY BE LIABLE FOR AN ADDITIONAL
CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS, IN ACCORDANCE WITH
PARAGRAPH (B) OF THIS SUBDIVISION.
(B) IN DETERMINING WHETHER TO IMPOSE A SUPPLEMENTAL CIVIL PENALTY
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, AND THE AMOUNT OF ANY
SUCH PENALTY, THE COURT SHALL CONSIDER, IN ADDITION TO OTHER APPROPRIATE
FACTORS, THE EXTENT TO WHICH THE FOLLOWING FACTORS ARE PRESENT:
(1) WHETHER THE DEFENDANT KNEW THAT HIS OR HER CONDUCT WAS DIRECTED TO
ONE OR MORE PERSONS SEEKING OR USING IMMIGRANT ASSISTANCE SERVICES OR
WHETHER THE DEFENDANT KNOWINGLY ACTED WITH DISREGARD FOR THE RIGHTS OF A
PERSON SEEKING OR USING IMMIGRANT ASSISTANCE SERVICES;
(2) WHETHER THE DEFENDANT'S CONDUCT: (I) CAUSED A PERSON SEEKING OR
USING IMMIGRANT ASSISTANCE SERVICES TO SUFFER LOSS OR ENCUMBRANCE OF A
PRIMARY RESIDENCE, LOSS OF EMPLOYMENT OR SOURCE OF INCOME, SUBSTANTIAL
LOSS OF PROPERTY OR ASSETS ESSENTIAL TO THE HEALTH OR WELFARE OF THE
PERSON SEEKING OR USING IMMIGRANT ASSISTANCE SERVICES; OR (II) WHETHER
ONE OR MORE PERSONS SEEKING OR USING IMMIGRANT ASSISTANCE SERVICES WERE
SUBSTANTIALLY MORE VULNERABLE TO THE DEFENDANT'S CONDUCT BECAUSE OF
IMPAIRED UNDERSTANDING, OR ANY OTHER PERCEIVED DISADVANTAGE, AND ACTUAL-
LY SUFFERED PHYSICAL OR ECONOMIC DAMAGE RESULTING FROM THE DEFENDANT'S
CONDUCT.
2. RESTITUTION ORDERED PURSUANT TO THE PROVISIONS OF LAW LISTED IN
SUBDIVISION ONE OF THIS SECTION OR PURSUANT TO ANY OTHER SECTION OF LAW
SHALL BE GIVEN PRIORITY OVER THE IMPOSITION OF CIVIL PENALTIES ORDERED
BY THE COURT UNDER THIS SECTION.
S 6. The executive law is amended by adding a new section 94-b to read
as follows:
S 94-B. OFFICE FOR NEW AMERICANS. 1. LEGISLATIVE INTENT. THE LEGISLA-
TURE HEREBY FINDS AND DECLARES THAT, ACCORDING TO THE 2010 CENSUS,
APPROXIMATELY TWENTY-TWO PERCENT OF NEW YORKERS WERE NOT BORN IN THE
UNITED STATES, NINE PERCENT ABOVE THE NATIONAL AVERAGE. FOR YEARS IMMI-
GRANTS HAVE COME TO THE UNITED STATES TO MAKE A BETTER LIFE FOR THEM-
SELVES. IT IS OF UTMOST IMPORTANCE TO THE STATE THAT THESE NEW AMERICANS
BE GIVEN THE TOOLS TO ASSIST THEM IN MAKING A BETTER LIFE FOR THEM-
S. 6732--A 8
SELVES, PARTICULARLY THROUGH PROGRAMS THAT HELP DEVELOP AND LEVERAGE
THEIR SKILLS AND STRENGTHEN THEIR CONNECTIONS WITH THEIR COMMUNITIES AND
THROUGH PROGRAMS TO REDUCE EXPLOITATION OF VULNERABLE IMMIGRANT POPU-
LATIONS.
2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE TERMS "NEW AMER-
ICAN" AND "IMMIGRANT" SHALL REFER TO NON-CITIZEN DOMICILARIES OF NEW
YORK STATE WHOSE COUNTRY OF ORIGIN IS OTHER THAN THE UNITED STATES.
3. OFFICE FOR NEW AMERICANS; DIRECTOR. THERE IS HEREBY CREATED WITHIN
THE DEPARTMENT OF STATE THE OFFICE FOR NEW AMERICANS. THE SECRETARY
SHALL APPOINT A DIRECTOR OF THE OFFICE TO ACCOMPLISH THE RESPONSIBIL-
ITIES SET FORTH IN THIS SECTION. SUCH DIRECTOR SHALL RECEIVE AN ANNUAL
SALARY WITHIN AMOUNTS APPROPRIATED AND SHALL SERVE AT THE PLEASURE OF
THE SECRETARY.
4. ORGANIZATION OF THE OFFICE FOR NEW AMERICANS. THE SECRETARY SHALL
HAVE THE POWER TO ESTABLISH, CONSOLIDATE, REORGANIZE, OR ABOLISH ANY
ORGANIZATIONAL UNITS WITHIN THE OFFICE AS HE OR SHE DETERMINES TO BE
NECESSARY FOR EFFICIENT OPERATION THEREOF. THE SECRETARY SHALL ASSIGN
FUNCTIONS TO ANY SUCH UNIT AND MAY APPOINT STAFF, AGENTS, AND CONSULT-
ANTS, PRESCRIBE THEIR DUTIES, AND FIX THEIR COMPENSATION WITHIN AMOUNTS
APPROPRIATED.
5. POWERS AND DUTIES OF THE OFFICE FOR NEW AMERICANS. THE OFFICE FOR
NEW AMERICANS SHALL HAVE THE POWER AND RESPONSIBILITY TO:
(A) CREATE A NETWORK OF NEIGHBORHOOD-BASED OPPORTUNITY CENTERS;
(B) INCREASE ACCESS TO ENGLISH-FOR-SPEAKERS-OF-OTHER-LANGUAGES (ESOL)
TRAINING, INCLUDING BY ENGAGING NOT-FOR-PROFIT ORGANIZATIONS AND OTHER
QUALIFIED PROVIDERS OF ESOL TRAINING SERVICES;
(C) ASSIST IMMIGRANTS IN MATTERS RELATING TO IMMIGRATION STATUS,
INCLUDING BUT NOT LIMITED TO ASSISTING WITH THE NATURALIZATION PROCESS
AND APPLICATIONS FOR DEFERRED ACTION FOR CHILDHOOD ARRIVALS;
(D) CONNECT IMMIGRANTS TO BUSINESS RESOURCES THAT HARNESS THEIR
SKILLS, EMPLOYMENT REFERRAL PROGRAMS, AND OTHER WORKFORCE DEVELOPMENT
PROGRAMS;
(E) DEVELOP AND LEVERAGE THE SKILLS OF IMMIGRANTS TO BENEFIT THEIR
COMMUNITIES AND THE STATE;
(F) STRENGTHEN THE CONNECTIONS BETWEEN IMMIGRANTS AND THEIR COMMUNI-
TIES THROUGH CIVIC ENGAGEMENT;
(G) REDUCE EXPLOITATION OF IMMIGRANTS;
(H) ESTABLISH A TOLL-FREE MULTI-LINGUAL HOTLINE AND A WEBSITE FOR
PURPOSES INCLUDING BUT NOT LIMITED TO DISSEMINATION OF INFORMATION ABOUT
THE PROGRAMS AND SERVICES OFFERED BY THE OFFICE FOR NEW AMERICANS,
REFERRAL FOR SERVICES, AND RECEIPT OF COMPLAINTS RELATING TO FRAUD AND
OTHER RELATED CRIMES AGAINST IMMIGRANTS;
(I) ENSURE THAT INDIVIDUALS REFERRED BY THE OFFICE ARE DIRECTED TO
SERVICE PROVIDERS WHO ARE IN COMPLIANCE WITH ARTICLE TWENTY-EIGHT-C OF
THE GENERAL BUSINESS LAW OR PROVIDERS CERTIFIED BY THE BUREAU OF IMMI-
GRATION APPEALS;
(J) USING INFORMATION DEVELOPED BY THE OFFICE THROUGH THE HOTLINE,
ASSIST LAW ENFORCEMENT IN COMBATTING CRIMES AGAINST IMMIGRANTS;
(K) ADVISE THE GOVERNOR AND SECRETARY CONCERNING MATTERS AFFECTING
IMMIGRANTS IN THE STATE IN ORDER TO PROMOTE AND ENCOURAGE THE FULL
PARTICIPATION OF IMMIGRANTS IN THE STATE'S CIVIC AND ECONOMIC LIFE;
(L) COORDINATE WITH OTHER STATE AGENCIES AND OTHERWISE MARSHAL THE
RESOURCES OF THE STATE TO SERVE THE NEEDS OF IMMIGRANTS;
(M) ENCOURAGE AND ASSIST LOCAL GOVERNMENTS IN THE DEVELOPMENT OF
ACTIVITIES TO ENHANCE CIVIC ENGAGEMENT AMONG IMMIGRANTS AND IN IMMIGRANT
COMMUNITIES; AND
S. 6732--A 9
(N) BEGINNING IN TWO THOUSAND FIFTEEN, BY JUNE FIFTEENTH OF EACH YEAR,
PRODUCE A REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, AND THE
TEMPORARY PRESIDENT OF THE SENATE DESCRIBING THE ACTIVITIES OF THE
OFFICE, INCLUDING BUT NOT LIMITED TO, SUMMARIZING CALLS RECEIVED THROUGH
THE HOTLINE AND WEBSITE, INFORMATION ON ESOL TRAINING SERVICES PROVIDED
BY THE OFFICE, THE NUMBER OF IMMIGRANTS ASSISTED THROUGH THE OPPORTUNITY
CENTERS, OR AN ESTIMATION THEREOF, THE STATUS OF ANY WORKFORCE DEVELOP-
MENT PROGRAMS, AND ANY OTHER RELEVANT INFORMATION.
S 7. The penal law is amended by adding a new section 190.87 to read
as follows:
S 190.87 IMMIGRANT ASSISTANT SERVICES FRAUD IN THE SECOND DEGREE.
A PERSON IS GUILTY OF IMMIGRANT ASSISTANCE SERVICES FRAUD IN THE
SECOND DEGREE WHEN, WITH INTENT TO DEFRAUD ANOTHER PERSON SEEKING IMMI-
GRANT ASSISTANCE SERVICES, AS DEFINED IN ARTICLE TWENTY-EIGHT-C OF THE
GENERAL BUSINESS LAW, FROM SUCH PERSON, HE OR SHE VIOLATES SECTION FOUR
HUNDRED SIXTY-D OF THE GENERAL BUSINESS LAW WITH INTENT TO OBTAIN PROP-
ERTY FROM SUCH OTHER PERSON BY FALSE OR FRAUDULENT PRETENSES, REPRESEN-
TATIONS OR PROMISES, AND THEREBY WRONGFULLY OBTAINS SUCH PROPERTY.
IMMIGRANT ASSISTANCE SERVICES FRAUD IN THE SECOND DEGREE IS A CLASS A
MISDEMEANOR.
S 8. The penal law is amended by adding a new section 190.89 to read
as follows:
S 190.89 IMMIGRANT ASSISTANCE SERVICES FRAUD IN THE FIRST DEGREE.
A PERSON IS GUILTY OF IMMIGRANT ASSISTANCE SERVICES FRAUD IN THE FIRST
DEGREE WHEN, WITH INTENT TO DEFRAUD ANOTHER PERSON SEEKING IMMIGRANT
ASSISTANCE SERVICES, AS DEFINED IN ARTICLE TWENTY-EIGHT-C OF THE GENERAL
BUSINESS LAW, FROM SUCH PERSON, HE OR SHE VIOLATES SECTION FOUR HUNDRED
SIXTY-D OF THE GENERAL BUSINESS LAW WITH INTENT TO OBTAIN PROPERTY FROM
SUCH OTHER PERSON BY FALSE OR FRAUDULENT PRETENSES, REPRESENTATIONS OR
PROMISES, AND THEREBY WRONGFULLY OBTAINS SUCH PROPERTY WITH A VALUE IN
EXCESS OF ONE THOUSAND DOLLARS.
IMMIGRANT ASSISTANCE SERVICES FRAUD IN THE FIRST DEGREE IS A CLASS E
FELONY.
S 9. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.