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S04386 Summary:

Add 460-l, amd 460-h, Gen Bus L
Provides for the regulation of the licensure and practice of immigration providers by the department of state in order to protect immigrants from exploitation.
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S04386 Actions:

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S04386 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 11, 2019
        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
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new section
     2  460-l to read as follows:
     3    § 460-l. Licenses. 1. The department of state shall issue licenses  to
     4  immigration  providers  and, upon application, to issue renewal licenses
     5  every two years. The secretary of state shall enforce the provisions  of
     6  this  article  governing  the filing and maintenance of surety bonds and
     7  the application for licensure and/or renewal.
     8    2. No person shall engage in  the  business  of  immigrant  assistance
     9  service  as  defined in section four hundred sixty-a of this article, or
    10  advertise his or her business to be that of immigration provider without
    11  having first obtained from the department of state a license to  do  so,
    12  pursuant to this article.
    13    3.  No  person shall disseminate by any means any statement indicating
    14  directly or by implication that the person engages in  the  business  of
    15  immigrant  assistance service as defined in section four hundred sixty-a
    16  of this article or acts in the capacity of an immigration  provider,  or
    17  proposes  to  engage  in the business or act in the capacity of an immi-
    18  gration provider, unless the person has on file with  the  secretary  of
    19  state  a  bond  and  license,  in  the  amount  and subject to the terms
    20  described in section four hundred sixty-f of this article.
    21    4. Any person intending to engage, as an immigration provider, in  any
    22  one  or more of the activities set forth in this article shall file with
    23  the department of state a written application and disclosure,  on  forms
    24  provided  by  the  department  of state, containing such information and
    25  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.

        S. 4386                             2
     1  of  state  may require by rule and regulation, including but not limited
     2  to: (a) name, date of birth, residence address, business address,  resi-
     3  dence  telephone  number,  and business telephone number; (b) experience
     4  the  provider  has  had  with  immigration;  (c)  places of business and
     5  employees, if any; (d) name and address  of  the  provider's  agent  for
     6  service  of  process  if  one  is required or has been appointed and, if
     7  applicable, the name, business address, business telephone and agent for
     8  service of process of the corporation or partnership employing the immi-
     9  gration provider; (e) a record of any prior convictions under this arti-
    10  cle.  The secretary of state shall develop the disclosure form  required
    11  to  file  an  application  and bond pursuant to this section and section
    12  four hundred sixty-f of this article.
    13    5. The secretary of state shall charge and collect a filing fee at the
    14  time of application and/or renewal to cover the cost of filing the  bond
    15  required by section four hundred sixty-f of this article.
    16    §  2. Section 460-h of the general business law, as amended by chapter
    17  206 of the laws of 2014, is amended to read as follows:
    18    § 460-h. Enforcement. 1. Upon any violation of this article, an appli-
    19  cation may be made by the attorney general in the name of the people  of
    20  the  state  to  a  court having jurisdiction to issue an injunction, and
    21  upon notice to the respondent of not fewer than five days, to enjoin and
    22  restrain the continuance of the violation. If it  shall  appear  to  the
    23  satisfaction  of  the  court or justice that the defendant has, in fact,
    24  violated this article, an injunction may be  issued  by  such  court  or
    25  justice,  enjoining  and  restraining  any  further  violation,  without
    26  requiring proof that any person has, in fact, been  injured  or  damaged
    27  thereby.  In  any  such proceeding, the court may make allowances to the
    28  attorney general as provided in paragraph  six  of  subdivision  (a)  of
    29  section  eighty-three hundred three of the civil practice law and rules,
    30  and direct restitution.  Whenever  the  court  shall  determine  that  a
    31  violation  of  this  article  has occurred, the court may impose a civil
    32  penalty of not more than ten thousand dollars for each violation.
    33    2. A person claiming to be aggrieved by any violation of this  article
    34  by  an  immigration  provider  may  bring  a civil action for injunctive
    35  relief, damages or both. The court shall grant  a  prevailing  plaintiff
    36  reasonable  attorneys'  fees  and costs. Any recovery or proceeding in a
    37  civil action shall not preclude an action by  the  attorney  general  or
    38  district  attorney  to  pursue  criminal  charges against an immigration
    39  provider. Minimal recovery for the  plaintiff  shall  be  five  thousand
    40  dollars.
    41    §  3. This act shall take effect on the first of January next succeed-
    42  ing the date on which it shall have become a law. Effective immediately,
    43  the addition, amendment and/or repeal of any rule or  regulation  neces-
    44  sary  for  the  implementation  of  this  act  on its effective date are
    45  authorized to be made and completed on or before such effective date.
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