NY State Senate Bill 2023-S7895

Senate Bill S7895

2023-2024 Legislative Session

Provides for the regulation of the licensure and practice of immigration providers by the department of state

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to consumer protection

2023-S7895 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §460-l, amd §460-h, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2283
2011-2012: S1479
2013-2014: S709
2015-2016: S921
2017-2018: S3115
2019-2020: S4386
2021-2022: S4668

2023-S7895 (ACTIVE) - Summary

Provides for the regulation of the licensure and practice of immigration providers by the department of state in order to protect immigrants from exploitation.

2023-S7895 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7895

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the general business law, in relation to immigration
providers

 
PURPOSE OR GENERAL IDEA OF BILL:

To establish a licensing requirement of immigration consultants by the
state and to protect immigrants from fraudulent immigration consultants.

 
SUMMARY OF SPECIFIC PROVISIONS:

The bill amends General Business Article by adding a new section 460-1.
This legislation would grant New York's Department of State the power to
issue licenses to immigration providers and require those who act as
such to be so licensed. Licensees would be required to disclose all ò
relevant information to the Department, including any prior convictions,
to determine their eligibility for a license.  At the time of licensing,
they must file with a surety bond with the secretary of state.

In addition, licensees would be required to display the license certif-
icate and to pay a filing fee. The state also has to make public the
list of licensees on its website and upon the re-lest of any party.

The State should also establish a procedure for filing complaints and
investigating the complaint within 30 days of such a complaint. The
Department of State has the power to revoke or suspend such licenses
upon proof of wrongdoing on the part of the immigration provider. Any
persons aggrieved by the immigration consultants would be entitled to
relief in the form of a civil action as well as a criminal action.  The
injured party would be eligible for reasonable attorney fees and costs,
including a minimal recovery of five thousand dollars.

 
JUSTIFICATION:

Currently, there are laws that prohibit immigration providers to conduct
themselves and advertise themselves as lawyers. However, there is no
state regulation of these providers. As the growth of immigrants
increase, there is a great need for legislation to prevent immigration
providers from taking advantage of these immigrants. Such legislation
would act as a safeguard against those who practice fraudulent activ-
ities against immigrants for mere economic gains.  Furthermore, the
business of immigration consultants is virtually unregulated by the
state.  The state legislature should take active measures to protect
against corrupt practices by immigration consultants. These consultants
try to deprive immigrants of the fundamental liberties, which they seek
to achieve as citizens of our country. In addition, corrupt immigration
consultants create a negative first impression of the democratic process
by using the immigrants for their own selfish profits at the expense of
unwary immigrants. This legislation seeks to regulate the business of
immigration consultants and to protect immigrants from those who do not
have the requisite expertise in or commitment to that business.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S.4668 - Referred to Consumer Protection
2019-20: S.4386 - Referred to Consumer Protection

2017-18: S.3115 - REFERRED TO CONSUMER PROTECTION

2015-16: S.921/A5774 - Died in Consumer Protection

2013-14: S.709/A.78 - Died in Economic Development

2011-12: S.1479/A.10420 - Died in Consumer Protection

2009-10: S.2283A/A.4430A - CONSUMER PROTECTION/Reported to Codes

2007-08: S.2473/A.3235 - Referred to Consumer Protection

2006: S.8133/A.8095 - Referred to Rules

 
FISCAL IMPLICATIONS:

Licensing fees will cover the cost of setting up licensing and enforce-
ment.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law. 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
to be made and completed on or before such effective date.

2023-S7895 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7895
 
                             I N  S E N A T E
 
                              January 3, 2024
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 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:
   § 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11828-01-3
 S. 7895                             2

 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.
   § 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:
   § 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.
   § 3. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.

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