Bill Text: NY A06907 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to immigration assistance services; adds reporting requirements, community outreach and education, and a consumer bill of rights.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2020-01-08 - referred to economic development [A06907 Detail]
Download: New_York-2019-A06907-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6907 2019-2020 Regular Sessions IN ASSEMBLY March 25, 2019 ___________ Introduced by M. of A. ORTIZ, SEAWRIGHT -- Multi-Sponsored by -- M. of A. SIMON -- read once and referred to the Committee on Economic Devel- opment AN ACT to amend the general business law, in relation to immigration assistance services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 460-a of the general business law, as amended by 2 chapter 206 of the laws of 2014, is amended to read as follows: 3 § 460-a. Definitions and applicability. For the purpose of this arti- 4 cle the following terms shall have the following meanings: 5 1. "Immigrant assistance service" means providing assistance, for a 6 fee or other compensation, to persons who have, or plan to, come to the 7 United States from a foreign country, or their representatives, in 8 relation to any proceeding, filing or action affecting the non-immi- 9 grant, immigrant or citizenship status of a person which arises under 10 the immigration and nationality law, executive order or presidential 11 proclamation, or which arises under actions or regulations of the United 12 States [citizenship and immigration services, the United States] depart- 13 ment of homeland security, the United States department of justice, the 14 United States department of labor, or the United States department of 15 state. 16 2. "Provider" means any person, including but not limited to a corpo- 17 ration, partnership, limited liability company, sole proprietorship or 18 natural person, that provides immigrant assistance services, but shall 19 not include (a) any person duly admitted to practice law in this state 20 and any person working directly under the supervision of the person 21 admitted; (b) any not-for-profit tax exempt organization that provides 22 immigrant assistance without a fee or other payment from individuals or 23 at nominal fees as defined by the [federal board of immigration appeals] 24 United States department of justice, and the employees of such organiza- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10909-01-9A. 6907 2 1 tion when acting within the scope of such employment; (c) any tax 2 exempt, not-for-profit organization recognized by the [federal board of3immigration appeals] United States department of justice that provides 4 services via representatives accredited by [such board] the department 5 to appear before the United States citizenship and immigration services 6 and/or executive office for immigration review, that does not charge a 7 fee or charges nominal fees as defined by the [board of immigration8appeals] department, and any duly accredited employee of such organiza- 9 tion acting within the scope of his or her employment; (d) any author- 10 ized agency under subdivision ten of section three hundred seventy-one 11 of the social services law and the employees of such organization when 12 acting within the scope of such employment; [or] (e) any individual 13 providing representation in an immigration-related proceeding under 14 federal law for which federal law or regulation establishes such indi- 15 vidual's authority to appear; or (f) any elected official who, acting 16 within the scope of his or her official capacity, without a fee or other 17 payment makes inquiries on behalf of an individual to any governmental 18 authority responsible for administering any program law or regulation 19 affecting the non-immigrant, immigrant or citizenship status of a 20 person. 21 § 2. Section 460-b of the general business law, as amended by chapter 22 206 of the laws of 2014, is amended to read as follows: 23 § 460-b. Immigrant assistance service contracts. 1. No immigrant 24 assistance service shall be provided until the customer has executed a 25 written contract with the immigrant assistant service provider. The 26 contract shall be in a language understood by the customer, either alone 27 or with the assistance of an [available] interpreter, and, if that 28 language is not English, an English language version of the contract 29 must also be provided. A copy of the contract shall be provided to the 30 customer immediately upon the customer's execution of the contract. The 31 interpreter shall provide an attestation affirming the accuracy of his 32 or her translation, to be attached to the contract. 33 2. (a) The customer has the right to cancel the contract within three 34 business days after his or her execution of the contract, without fee or 35 penalty. The right to cancel the contract within three days without 36 payment of any fee may be waived when services must be provided imme- 37 diately to avoid a forfeiture of eligibility or other loss of rights or 38 privileges, and the customer furnishes the provider with a separate 39 dated and signed statement, by the customer or his or her represen- 40 tative, describing the need for services to be provided within three 41 days and expressly acknowledging and waiving the right to cancel the 42 contract within three days. 43 (b) The contract may be cancelled at any time after execution. If the 44 contract is cancelled more than three days after [it was signed] 45 execution, or within three days after [it was signed] execution if the 46 right to cancel without fee has been waived, the provider may retain 47 fees for services rendered, and any additional amounts actually expended 48 on behalf of the customer. All other amounts must be returned to the 49 customer within fifteen days after cancellation. 50 3. The written contract shall be in plain language, in at least twelve 51 point [type] font and shall include the following: 52 (a) The name, address and telephone number of the provider. 53 (b) Itemization of all services to be provided to the customer, as 54 well as the fees and costs to be charged to the customer for each 55 service.A. 6907 3 1 (c) A statement that original documents [required to be] submitted in 2 connection with an application for an immigration-related benefit made 3 to [the United States citizenship and immigration services or for other4certifications, benefits or services provided by government] any govern- 5 mental entity, may not be retained by the [immigrant assistance service] 6 provider for any reason, including failure of the customer to pay fees 7 or costs or other fee dispute. 8 (d) A statement that the provider shall give the customer a signed 9 form affirming receipt of each original document, as well as a complete 10 copy of such document, immediately upon taking possession of such 11 original document for submission or any other purpose. 12 (e) A statement that the provider shall give the customer a copy of 13 each document prepared with the provider's assistance. 14 [(e)] (f) A statement that the customer is not required to obtain 15 supporting documents through the immigrant assistance service provider, 16 and may obtain such documents himself or herself, along with the state- 17 ment: "The U.S. government provides information on required forms and 18 documentation for free online and by phone". 19 [(f)] (g) The statement: "You may cancel this contract at any time. 20 You have three (3) business days to cancel this contract without fee or 21 penalty and get back any fees that you have already paid. Notice of 22 cancellation may be made by completing the cancellation form included in 23 this contract, or otherwise notifying the provider in writing and deliv- 24 ering such form or notification to the provider in person or by United 25 States mail to (specify address). If you cancel this contract you will 26 get back any documents you submitted to the provider". 27 [(g)] (h) Each contract shall contain a separate final page titled 28 "Cancellation Form." The cancellation form shall contain the following 29 statement: "I hereby cancel the contract of (date of contract) between 30 (name of provider, address of provider, and phone number of provider) 31 and (name of customer)." Below the statement shall be a customer signa- 32 ture and date line. Below the signature and date line, the form shall 33 contain the statement required by paragraph [(h)] (i) of this subdivi- 34 sion, printed in twelve point font or larger [text]. 35 [(h)] (i) A statement that the [immigrant assistance service] provider 36 has financial surety in effect for the benefit of any customer in the 37 event that the customer is owed a refund, or is damaged by the actions 38 of the provider, together with the name, address and telephone number of 39 the surety. 40 [(i)] (j) The statement: "The individual providing assistance to you 41 under this contract is not an attorney licensed to practice law or 42 accredited by the [board of immigration appeals] United States depart- 43 ment of justice to provide representation to you before [the United44States citizenship and immigration services, the department of homeland45security, the executive office for immigration review, the department of46labor, the department of state] the federal government or any immi- 47 gration [authorities] authority and may not give legal advice or accept 48 fees for legal advice. For a free legal referral call the office for new 49 Americans hotline at (phone number of the office for new Americans), the 50 New York state office of the attorney general at (phone number of the 51 office of the attorney general), or your local district attorney or 52 prosecutor." The service provider shall be responsible for providing the 53 [accurate and up-to-date phone numbers required in such statement] most 54 recent and accurate information required by this paragraph. 55 [(j)] (k) The statement: "The individual providing assistance to you 56 under this contract is prohibited from disclosing any of your personalA. 6907 4 1 information [about you] to, or [filing] submitting any forms or docu- 2 ments on your behalf with, immigration or other authorities without your 3 knowledge and consent except as required by law." A provider shall 4 promptly notify the customer in writing when such provider has disclosed 5 any information to or filed any form or document with immigration or 6 other authorities when such disclosure or filing was required by law and 7 done without the knowledge and consent of the customer. 8 [(k)] (l) The statement: "A copy of all forms completed and documents 9 accompanying the forms shall be kept by the service provider for three 10 years. A copy of the customer's file shall be provided to the customer 11 on demand and without fee." 12 [(l)] (m) On the same page as the signature line, the statement: "The 13 individual providing assistance to you under the terms of this contract 14 must explain the contents of this contract to you and answer any ques- 15 tions about it that you may have regarding the terms of this contract." 16 (n) Each contract shall contain the division of consumer's protections 17 publicly available "Consumer Bill of Rights" on a separate page. The 18 provider shall be responsible for providing the most recent version of 19 the document available on the division of consumer's protection website. 20 § 3. Section 460-c of the general business law, as amended by chapter 21 206 of the laws of 2014, is amended to read as follows: 22 § 460-c. Required notices. 1. Posting of signs. Every provider shall 23 post signs conspicuously, at every location where such provider meets 24 with customers, setting forth information in English and in every other 25 language in which the person provides or offers to provide immigrant 26 assistance services. There shall be a separate sign for each language, 27 and each shall be posted in a location where it will be visible to 28 customers. 29 (a) One sign shall be at least eleven inches by seventeen inches, and 30 shall contain the following in not less than sixty point [type] font: 31 "THE INDIVIDUAL PROVIDING ASSISTANCE TO YOU UNDER THIS CONTRACT IS NOT 32 AN ATTORNEY LICENSED TO PRACTICE LAW OR ACCREDITED BY THE [BOARD OF33IMMIGRATION APPEALS] UNITED STATES DEPARTMENT OF JUSTICE TO PROVIDE 34 REPRESENTATION TO YOU BEFORE THE UNITED STATES CITIZENSHIP AND IMMI- 35 GRATION SERVICES, THE DEPARTMENT OF JUSTICE, THE DEPARTMENT OF HOMELAND 36 SECURITY, THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, THE DEPARTMENT OF 37 LABOR, THE DEPARTMENT OF STATE OR ANY IMMIGRATION AUTHORITIES AND MAY 38 NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE. FOR A FREE LEGAL 39 REFERRAL CALL THE OFFICE FOR NEW AMERICANS HOTLINE AT (phone number of 40 the office for new Americans). TO FILE A COMPLAINT ABOUT AN IMMIGRANT 41 ASSISTANCE SERVICE PROVIDER CALL THE OFFICE FOR NEW AMERICANS HOTLINE AT 42 (phone number of the office for new Americans), THE NEW YORK STATE 43 OFFICE OF ATTORNEY GENERAL AT (phone number of the office of attorney 44 general), OR YOUR LOCAL DISTRICT ATTORNEY OR PROSECUTOR'S OFFICE AT 45 (phone number of the local district attorney in the county where the 46 provider provides services)." The service provider shall be responsible 47 for providing the accurate and up-to-date phone numbers required on such 48 sign. 49 (b) A separate sign shall be posted in a location visible to customers 50 in conspicuous size type and which contains the schedule of fees for 51 services offered and the statement: "YOU MAY CANCEL ANY CONTRACT WITHIN 52 3 BUSINESS DAYS AND GET BACK YOUR DOCUMENTS AND ANY MONEY YOU PAID." 53 2. (a) Notice in advertisements. Every provider who advertises immi- 54 grant assistance services, whether by signs, pamphlets, newspapers, or 55 any other written communication shall post or otherwise include with 56 such advertisement a notice in the language in which the advertisementA. 6907 5 1 appears. This notice shall be of a conspicuous size and shall state: 2 "THE INDIVIDUAL OFFERING TO PROVIDE IMMIGRANT ASSISTANCE SERVICES IS NOT 3 AN ATTORNEY LICENSED TO PRACTICE LAW OR ACCREDITED BY THE [BOARD OF4IMMIGRATION APPEALS] UNITED STATES DEPARTMENT OF JUSTICE TO PROVIDE 5 REPRESENTATION BEFORE THE UNITED STATES CITIZENSHIP AND IMMIGRATION 6 SERVICES, THE DEPARTMENT OF HOMELAND SECURITY, THE DEPARTMENT OF 7 JUSTICE, THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, THE DEPARTMENT OF 8 LABOR, THE DEPARTMENT OF STATE OR ANY IMMIGRATION AUTHORITIES AND MAY 9 NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." 10 (b) No advertisement for immigration assistance services may expressly 11 or implicitly guarantee any particular governmental action, including 12 but not limited to the granting of employment authorization, lawful 13 permanent resident status or citizenship. 14 § 4. Section 460-d of the general business law, as amended by chapter 15 206 of the laws of 2014, is amended to read as follows: 16 § 460-d. Prohibited acts. No provider shall: 17 1. Give any legal advice concerning an immigration matter, including 18 selecting, or advertising the customer on selecting a governmental agen- 19 cy form in order to apply for an immigration-related benefit, or other- 20 wise engage in the practice of law. 21 2. Assume, use or advertise the title of lawyer or attorney at law, or 22 equivalent terms in the English language or any other language, or 23 represent or advertise other titles or credentials, including but not 24 limited to "notary public", "accredited representative of the board of 25 immigration appeals," "notario public", "notario", "immigration special- 26 ist" or "immigration consultant," that could cause a customer to believe 27 that the person [possesses special professional skills or] is authorized 28 to provide advice on an immigration matter; provided that a notary 29 public licensed by the secretary of state may use the term "notary 30 public." 31 3. State or imply that the provider can or will obtain special favors 32 from or has special influence with the United States citizenship and 33 immigration services, the United States department of Homeland Security, 34 the executive office for [Immigration] immigration review or any other 35 governmental entity. 36 4. Threaten to report the customer to immigration or other authorities 37 or threaten to undermine in any way the customer's immigration status or 38 attempt to secure lawful status. 39 5. Demand or retain any fees or compensation for services not 40 performed, services to be performed in the future, or costs that are not 41 actually incurred. 42 6. [Advise, direct or permit a customer to answer questions on a43government document, or in a discussion with a government official, in a44specific way where the provider knows or has reasonable cause to believe45that the answers are false or misleading] Make a determination of, or 46 advise about, a person's immigration status, including advising him or 47 her on how to respond to questions on a governmental form regarding such 48 determination. 49 7. Disclose any information to, or file any forms or documents with, 50 immigration or other authorities on behalf of a customer without the 51 knowledge or consent of the customer except where required by law. A 52 provider shall promptly notify the customer in writing when such provid- 53 er has disclosed any information to or filed any form or document with 54 immigration or other authorities when such disclosure or filing was 55 required by law and done without the knowledge and consent of the 56 customer.A. 6907 6 1 8. Fail to provide customers with copies of documents [filed with] 2 submitted to, or received from, a governmental entity within two weeks 3 of submission or receipt or refuse to return original documents supplied 4 by, prepared on behalf of, or paid for by the customer, upon the request 5 of the customer, or upon termination of the contract. Original documents 6 must be returned promptly upon request and upon cancellation of the 7 contract, even if there is a fee dispute between the [immigration8assistance service] provider and the customer. 9 9. Fail to provide the customer with a signed form affirming receipt 10 of an original document, as well as a complete copy of such document, 11 immediately upon taking possession of such original document for 12 submission or any other purpose. 13 10. Make any misrepresentation or false statement, directly or indi- 14 rectly. 15 [10.] 11. Make any guarantee or promise to a customer, unless there is 16 a basis in fact for such representation, such representation does not 17 relate to eligibility for an immigration-related benefit, and the guar- 18 antee or promise is in writing and attached to the service contract. 19 [11.] 12. Represent that a fee may be charged, or charge a fee for the 20 distribution, provision or submission of an official document or form 21 issued or promulgated by a state or federal governmental entity, or for 22 a referral of the customer to another person or entity that is qualified 23 to provide services or assistance which the [immigrant assistance24service] provider will not provide. 25 [12.] 13. For a fee or other compensation refer a customer to an 26 attorney or any other individual or entity that can provide services 27 that the [immigrant assistance service] provider cannot provide. 28 [13.] 14. Give advice on the determination of a person's immigration 29 status, including advising him or her as to answers on a government form 30 regarding such determination. 31 [14.] 15. Promise to expedite immigration or other immigration related 32 governmental benefit processes, through claims to have special relation- 33 ships with or special access to government employees who will expedite 34 applications or issue favorable decisions for any reason other than the 35 merits of the application. 36 [15. Knowingly provide misleading or false information to a noncitizen37about his or her individual or family's eligibility for immigration38benefits or status, or to noncitizens or citizens about their individual39or family's eligibility for other government benefits, with the intent40to induce an individual to employ the services of the service provider41to obtain such immigration benefits or status, or such other government42benefits.] 43 16. Provide information to any person about his or her, or his or her 44 family member's potential eligibility for a particular immigration-re- 45 lated benefit or status, or other governmental benefit, with the intent 46 to induce such person to employ the services of such provider, regard- 47 less of whether the information is true or false. 48 17. Disclose any information to, or submit any forms or documents 49 with, any third party, including immigration or other authorities, on 50 behalf of or relating to the customer without the knowledge and consent 51 of the customer except where such disclosure or such submission is 52 required by law. A provider shall notify the customer in writing when 53 such provider has disclosed any information to or submitted any form or 54 document with immigration or other authorities when such disclosure or 55 submission was required by law and performed without the knowledge and 56 consent of the customer.A. 6907 7 1 § 5. Section 460-f of the general business law, as amended by chapter 2 206 of the laws of 2014, is amended to read as follows: 3 § 460-f. Surety requirement. Every provider shall maintain in full 4 force and effect for the entire period during which the provider 5 provides immigrant assistance services and for one year after the 6 provider ceased to do business as [an immigrant assistance service] a 7 provider of immigration assistance services, a bond, contract of indem- 8 nity, or irrevocable letter of credit, payable to the people of the 9 state of New York, in the principal amount of fifty thousand dollars; 10 provided, however, that every provider that receives in excess of two 11 hundred fifty thousand dollars in total fees and other compensation for 12 providing immigrant assistance service during any twelve-month period 13 shall maintain in full force and effect a bond, contract of indemnity, 14 or irrevocable letter of credit, payable to the people of the state of 15 New York, in the principal amount of twenty percent of such total fees 16 and compensation. Such surety shall be for the benefit of any customer 17 who does not receive a refund of fees from the provider to which he or 18 she is entitled, or is otherwise injured by the provider. The attorney 19 general on behalf of the customer or the customer in his or her own 20 name, may maintain an action against the provider and the surety. 21 § 6. The general business law is amended by adding four new sections 22 460-l, 460-m, 460-n and 460-o to read as follows: 23 § 460-l. Reporting. 1. In conjunction with the division of immigration 24 policies and affairs, the director of the division of consumer 25 protection shall prepare and submit to the division of immigration poli- 26 cies and affairs, the governor, the temporary president of the senate, 27 and the speaker of the assembly a report that includes the following 28 information related to providers of immigration assistance services: 29 (a) the number of complaints received related to providers of immi- 30 gration assistance services, disaggregated by source and type; 31 (b) the number of proactive investigations that do not stem from a 32 complaint conducted by the division; 33 (c) the number of violations issued, disaggregated by type; 34 (d) the number of the violations issued that originated with a consum- 35 er complaint; 36 (e) the number of violations issued as a result of a proactive inves- 37 tigation by the division; 38 (f) the length of time the division required to investigate and deter- 39 mine whether to issue a violation for each complaint received; 40 (g) a description of the division's efforts to proactively investigate 41 providers of immigration assistance services; 42 (h) a description of the division's efforts to collaborate with other 43 law enforcement agencies on investigation, enforcement, and community 44 education efforts; and 45 (i) a description of changing trends in the provision of services and 46 common fraudulent schemes. 47 2. Such report shall be submitted on or before October first, two 48 thousand nineteen and every six months thereafter until the year two 49 thousand twenty-two, and shall include the information required by 50 subdivision one of this section as it relates to the six month period 51 prior to the submission of such report. 52 § 460-m. Community outreach and education. In conjunction with the 53 mayor's office of immigrant affairs, the department shall engage in 54 community outreach and education efforts to raise awareness about topics 55 including but not limited to common fraudulent schemes committed byA. 6907 8 1 providers of immigration assistance services and the department's 2 complaint mechanisms and services. 3 § 460-n. Consumer bill of rights. a. In conjunction with the division 4 of immigration policies and affairs, the division of consumer protection 5 shall create a "Consumer Bill of Rights" for customers seeking assist- 6 ance from providers of immigration assistance services. Such bill of 7 rights shall be posted on the division's website in English, as well as 8 in the top six limited English proficiency languages spoken by the popu- 9 lation of the United States based on United States census data. 10 § 460-o. Severability. If any section, subsection, sentence, clause, 11 phrase or other portion of this article is, for any reason, declared 12 unconstitutional or invalid, in whole or in part, by any court of compe- 13 tent jurisdiction, such portion shall be deemed severable, and such 14 unconstitutionality or invalidity shall not affect the validity of the 15 remaining portions of this law, which shall continue in full force and 16 effect. 17 § 7. This act shall take effect immediately.
