Relates to implementing the immigrant assistance service enforcement act

Summary of specific provisions

Section 1 is the title.

Section 2 amends section 460-a of the general business law to make clarifications and update the definition of both "provider" and "assistance."

Section 3 amends:

*460-b of the general business law to require clearer disclosures in immigrant assistance service contracts;

*460-c of the general business law to require clearer disclosures in the signs and advertisements posted by immigrant assistance service providers;

*460-d of the general business law, as renumbered, adds certain conduct that immigrant assistance service providers shall not engage in to the list of currently prohibited acts;

*460-e of the general business law is renumbered and makes a technical amendment to the retention of documents by service providers;

*460-f of the general business law, as renumbered, requires that immigrant assistance service providers maintain a surety for the entire time in which they provide service and an additional year thereafter,

*adds a new 460-g of the general business law to allow for an individual who is harmed by a violation of this article to bring an action against the provider that caused such harm, and

*amends 460-i of the general business law to increase the amount of the fine that may be assessed against a provider who violated this article, and allows the Attorney General to prosecute violations under this article. Section 4 amends 460-h of the general business law to increase the maximum penalty for violating the provisions of the article on providing immigrant assistance from seven thousand five hundred dollars to ten thousand dollars.

Section 5 adds a new sections 460-k to the general business law, which provides that an additional civil penal of up to ten thousand dollars

can be assessed against a provider under specific aggravating circumstances

Section 6 amends the executive law to codify the Office of New Americans within the Department of State.

Section 7 amends the penal law to create the new crimes of immigrant assistance services fraud in the first and second degrees.

Justification

Immigrant assistance service providers can be a great resource for individuals on the path to citizenship. However, due to the vulnerable nature of some of these individuals as well as the serious consequences that could affect such individuals if laws, rules and procedures are not followed, or are intentionally violated. These providers should be accountable to the individuals who seek their assistance. This act, in adding more rights for immigrants seeking assistance, greater transparency in the immigrant assistance process, more clearly defining the practice that these providers may and may not engage in, and imposing greater penalties for bad actors, will better ensure that individuals seeking these services will not be taken advantage of.

Additionally, this act creates two new penal law crimes, which will provide an additional criminal enforcement mechanism against providers who take advantage of a vulnerable population for their own monetary gain.

Prior legislative history

2014: S.6732- Referred to Consumer Protection/ A. 8974B (Sim bill) Referred to Codes 2013: Similar Bill S.786A/A 158A Passed Senate and Assembly, Veto #249 of 2013 2012. S.94A - Amended and Recommitted to Rules/A.4887-A - Passed Assembly 2011: S.94 - Reported and Committed to Finance/A.4887 - Reported, Referred to Codes 2010: S.7218A - Referred to Codes/A.10162B Reported to Ways and Means; Reported, Referred to Rules

Fiscal implications

Increased civil penalties for violations of this statute could result in additional funds for the state.

Effective date

This act shall take effect on the one hundred eightieth day after 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 dare is authorized to be made and completed on or before such effective date.