S T A T E   O F   N E W   Y O R K
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                                  5774

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 4, 2015
                               ___________

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:

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04885-01-5
              

A. 5774                             2

OF STATE MAY REQUIRE BY RULE AND REGULATION, INCLUDING BUT  NOT  LIMITED
TO:  (A) NAME, DATE OF BIRTH, RESIDENCE ADDRESS, BUSINESS ADDRESS, RESI-
DENCE TELEPHONE NUMBER, AND BUSINESS TELEPHONE  NUMBER;  (B)  EXPERIENCE
THE  PROVIDER  HAS  HAD  WITH  IMMIGRATION;  (C)  PLACES OF BUSINESS AND
EMPLOYEES, IF ANY; (D) NAME AND ADDRESS  OF  THE  PROVIDER'S  AGENT  FOR
SERVICE  OF  PROCESS  IF  ONE  IS REQUIRED OR HAS BEEN APPOINTED AND, IF
APPLICABLE, THE NAME, BUSINESS ADDRESS, BUSINESS TELEPHONE AND AGENT FOR
SERVICE OF PROCESS OF THE CORPORATION OR PARTNERSHIP EMPLOYING THE IMMI-
GRATION PROVIDER; (E) A RECORD OF ANY PRIOR CONVICTIONS UNDER THIS ARTI-
CLE.  THE SECRETARY OF STATE SHALL DEVELOP THE DISCLOSURE FORM  REQUIRED
TO  FILE  AN  APPLICATION  AND BOND PURSUANT TO THIS SECTION AND SECTION
FOUR HUNDRED SIXTY-F OF THIS ARTICLE.
  5. THE SECRETARY OF STATE SHALL CHARGE AND COLLECT A FILING FEE AT THE
TIME OF APPLICATION AND/OR RENEWAL TO COVER THE COST OF FILING THE  BOND
REQUIRED BY SECTION FOUR HUNDRED SIXTY-F OF THIS ARTICLE.
  S  2. Section 460-h of the general business law, as amended by chapter
206 of the laws of 2014, is amended to read as follows:
  S 460-h. Enforcement. 1. Upon any violation of this article, an appli-
cation 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,
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 ten thousand dollars for each violation.
  2. A PERSON CLAIMING TO BE AGGRIEVED BY ANY VIOLATION OF THIS  ARTICLE
BY  AN  IMMIGRATION  PROVIDER  MAY  BRING  A CIVIL ACTION FOR INJUNCTIVE
RELIEF, DAMAGES OR BOTH. THE COURT SHALL GRANT  A  PREVAILING  PLAINTIFF
REASONABLE  ATTORNEYS'  FEES  AND COSTS. ANY RECOVERY OR PROCEEDING IN A
CIVIL ACTION SHALL NOT PRECLUDE AN ACTION BY  THE  ATTORNEY  GENERAL  OR
DISTRICT  ATTORNEY  TO  PURSUE  CRIMINAL  CHARGES AGAINST AN IMMIGRATION
PROVIDER. MINIMAL RECOVERY FOR THE  PLAINTIFF  SHALL  BE  FIVE  THOUSAND
DOLLARS.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law;  provided,  however,
that  if  chapter 206 of the laws of 2014 shall not have taken effect on
or before such date then this act shall take effect on the same date and
in the same manner as such chapter of the laws  of  2014  takes  effect;
provided,  further,  however  that  effective 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.