reglab/statecodes huggingface dataset:
2023 New York Laws › GBS - General Business › Article 28-B - Budget Planning › 455 - Definitions.

§ 455. Definitions. 1. Budget planning, as used in this article, means
  the  making  of  a  contract  between  a person or entity engaged in the
  business of budget planning with a particular  debtor  whereby  (i)  the
  debtor  agrees  to  pay a sum or sums of money in any manner or form and
  the person  or  entity  engaged  in  the  business  of  budget  planning
  distributes, or supervises, coordinates or controls the distribution of,
  or  has  a  contractual  relationship with another person or entity that
  distributes, or supervises, coordinates or  controls  such  distribution
  of, the same among certain specified creditors in accordance with a plan
  agreed  upon and (ii) the debtor agrees to pay to such person or entity,
  or  such  other  person  or  entity  that  distributes,  or  supervises,
  coordinates  or  controls  such distribution of, a sum or sums of money,
  any valuable consideration for such services or for any  other  services
  rendered  in  connection  therewith. For the purposes of this article, a
  person or entity shall be considered  as  engaged  in  the  business  of
  budget  planning  in  New  York,  and  subject  to  this article and the
  licensing and other requirements of article twelve-C of the banking law,
  if such person or entity solicits budget planning business  within  this
  state  and, in connection with such solicitation, enters into a contract
  for budget planning with an individual then resident in this state.
2. Person, as used  in  this  article,  shall  not  include  a  person
  admitted to practice law in this state.
3.  Entity,  as  used  in  this  article,  shall  not  include a firm,
  partnership, professional corporation, or other organization, all of the
  members or principals of which are admitted  to  practice  law  in  this
  state.
4.  Person  or  entity  as  used  in  this article shall not include a
  charitable corporation as  defined  in  paragraph  (a)  of  section  one
  hundred  two (Definitions) of the not-for-profit corporation law of this
  state, or an entity incorporated in another state and having  a  similar
  not-for-profit  status, licensed by the superintendent, to engage in the
  business of budget planning as defined in this section.
5. Any attorney licensed to practice law in this state who is  engaged
  in budget planning shall (a) negotiate directly with creditors on behalf
  of  the  client; (b) ensure that all moneys received from the client are
  deposited in the attorney's account maintained for client funds; (c) pay
  creditors from such account; and  (d)  offer  budget  planning  services
  through the same legal entity that the attorney uses to practice law.
2023 New York Laws › GBS - General Business › Article 28-BB - Credit Services Business › 458-A - Legislative Findings and Declarations; Purposes.

§   458-a.   Legislative  findings  and  declarations;  purposes.  The
  legislature finds and declares:
1. The ability to obtain and use credit has become of great importance
  to consumers, who have a vital interest in establishing and  maintaining
  their  credit worthiness and credit standing. As a result, consumers who
  have  experienced  credit  problems  may  seek  assistance  from  credit
  services  businesses  which offer to improve the credit standing of such
  consumers.
Certain advertising and business practices of some  companies  engaged
  in the business of credit services have worked a financial hardship upon
  the  people of this state, often those who are of limited economic means
  and inexperienced in credit matters.
2. The purposes of this article are to provide  prospective  consumers
  of  services of credit services companies with the information necessary
  to make an informed decision regarding the purchase  of  those  services
  and  to  protect  the  public  from  unfair or deceptive advertising and
  business practices.
2023 New York Laws › GBS - General Business › Article 28-BB - Credit Services Business › 458-B - Definitions.

§ 458-b. Definitions. As used in this article:
1. "Credit services business" means any person who sells, provides, or
performs,  or represents that he can or will sell, provide or perform, a
service for the express or implied purpose  of  improving  a  consumer's
credit record, history, or rating or providing advice or assistance to a
consumer  with  regard to the consumer's credit record history or rating
in return for the payment of a fee.
"Credit services business" does not include any of the following:
(a) Any charitable corporation as defined in paragraph (a) of  section
one  hundred  two  (Definitions)  of  the not-for-profit corporation law
licensed pursuant to article twelve-c of the banking law.
(b) Any person admitted to practice law in this state where the person
renders services within the course and scope of his or her  practice  as
an attorney at law.
2. "Consumer" means any natural person who is solicited to purchase or
who purchases the services of a credit services business.
3.  "Person"  includes  an individual, corporation, partnership, joint
venture, or any business entity.
4.  The  terms  "consumer  reporting   agency",   "consumer   report",
"investigative consumer report", "file", and "adverse information" shall
have  the meanings ascribed to each by section three hundred eighty-a of
this chapter.
2023 New York Laws › GBS - General Business › Article 28-BB - Credit Services Business › 458-C - Information Statement; Procedure.

§ 458-c. Information statement; procedure. Prior to the execution of a
  contract  between  a consumer and a credit services business, the credit
  services business shall provide the consumer an information statement in
  writing, on a separate sheet, containing  the  information  required  by
  section  four  hundred fifty-eight-d of this chapter. The consumer shall
  acknowledge  receipt  of  such  information  statement  by  placing  his
  signature  on  the  face  thereof.  The  credit  services business shall
  maintain on file or microfilm for a period of two years from the date of
  such acknowledgement an exact copy of such information statement.
2023 New York Laws › GBS - General Business › Article 28-BB - Credit Services Business › 458-D - Information Statement; Contents.

§  458-d.  Information statement; contents.  The information statement
  shall be printed in at least  ten  point  type  and  shall  include  the
  following:
"RIGHT TO REVIEW YOUR FILE"
"The  Federal  Fair  Credit  Reporting Act gives you the right to know
  what your credit file contains, and the consumer reporting  agency  must
  provide someone to help you interpret the data. The New York Fair Credit
  Reporting  Act  gives  you  the  right to receive an actual copy of your
  credit report.   You will  be  required  to  identify  yourself  to  the
  consumer  reporting  agency and you may be charged a small fee. There is
  no fee, however, if you have been turned down for credit, employment, or
  insurance because of  information  contained  in  a  report  within  the
  preceding thirty days."
"INCORRECT INFORMATION"
"Consumer   reporting  agencies  are  required  to  follow  reasonable
  procedures to  ensure  that  subscribing  creditors  report  information
  accurately.  However, mistakes may occur.
When  you  notify  the  consumer  reporting agency in writing that you
  dispute the accuracy of information, it must reinvestigate and modify or
  remove inaccurate data. The consumer reporting agency may not charge any
  fee for this service. Any pertinent data you have  concerning  an  error
  should be given to the consumer reporting agency.
If  reinvestigation does not resolve the dispute to your satisfaction,
  you may enter a statement of one hundred words or  less  in  your  file,
  explaining why you think the record is inaccurate.
The  consumer  reporting  agency  must  include  your  statement about
  disputed data -- or a coded version of it -- with any reports it  issues
  about  you.  New  York  law  also  provides  that,  at your request, the
  consumer reporting agency must notify any  person  who  has  received  a
  report  in  the  previous  year  that  an error existed and furnish such
  person with the corrected information."
"TIME LIMITS ON ADVERSE DATA"
"Most kinds of information in your file may be reported for  a  period
  of  seven years. If you have declared personal bankruptcy, however, that
  fact may be reported for ten years.
After seven years or ten years, the information can't be disclosed  by
  a credit reporting agency unless you are being investigated for a credit
  application  of  $50,000  or  more,  for an application to purchase life
  insurance of $50,000 or more, or for employment at an annual  salary  of
  $25,000 or more."
2023 New York Laws › GBS - General Business › Article 28-BB - Credit Services Business › 458-E - Advance Fees Prohibited.

§  458-e.  Advance  fees  prohibited.  It  is hereby declared to be an
  unfair and deceptive trade practice and unlawful for a  credit  services
  business to receive or collect from a consumer any fee in advance of the
  performance  of  those services specified in the contract as required by
  section four hundred fifty-eight-f of this chapter.
2023 New York Laws › GBS - General Business › Article 28-BB - Credit Services Business › 458-F - Contracts; Requirements and Contents.

§  458-f.  Contracts;  requirements  and  contents.  1. Every contract
between a consumer and a credit services business shall be  in  writing,
shall  be dated, shall contain the street address of the credit services
business and the consumer, and shall  be  signed  by  the  consumer  and
credit services business. Each contract shall contain the following:
(a)  A complete and detailed statement of the services to be performed
and the results to be achieved by the credit services business for or on
behalf of the consumer, including a  list  of  the  adverse  information
appearing  on  the  consumer's  credit  report  that will be modified, a
description  of  the  precise  nature  of  each  modification,  and  the
estimated  date  by  which  each  modification will occur. A copy of the
consumer's current credit report issued by a consumer  credit  reporting
agency  shall  be  annexed  to  the  contract  with  the adverse entries
proposed to be modified clearly marked.
(b) A statement in at least ten point type as follows:
"Under New York law no fee may be collected in advance of  performance
of the services specified in this contract."
2. The contract shall be accompanied by a completed form in duplicate,
captioned  "Notice  of  Cancellation,"  which  shall  be attached to the
contract and easily detachable, and which shall contain in at least  ten
point type the following:
"Notice of Cancellation"
"You may cancel this contract,  without any  penalty or  obligation,
within three days from the date the contract is signed.
"To cancel this contract, mail or deliver a signed and dated copy of
this cancellation notice, or any other written notice,
to____________________ at
name of seller)
______________________________________________________________________  address of seller)         Place of business)
not later than midnight____________________.
(date)
"I hereby cancel this transaction."
________________________________________________
purchaser's signature)
________________________________________________
(date)
3.  A  copy  of  the  fully completed contract and all other documents
shall be given to the buyer at the time the contract is signed.
2023 New York Laws › GBS - General Business › Article 28-BB - Credit Services Business › 458-G - Contracts Void and Unenforceable.

§  458-g.  Contracts  void  and  unenforceable.  1.  Any  contract for
  services which does not comply with the applicable  provisions  of  this
  article shall be void and unenforceable as contrary to public policy.
2. Any waiver by a consumer of the provisions of this article shall be
  deemed  void and unenforceable by a credit services business as contrary
  to public policy.
2023 New York Laws › GBS - General Business › Article 28-BB - Credit Services Business › 458-H - Deceptive Acts Prohibited.

§  458-h.  Deceptive  acts  prohibited. It is hereby declared to be an
  unfair and deceptive trade practice and unlawful for a  credit  services
  company to:
1. Misrepresent directly or indirectly in its advertising, promotional
  materials,  sales  presentation,  or  in  any  manner: the nature of the
  services to be  performed;  the  time  within  which  services  will  be
  performed;  the  ability to improve a consumer's credit report or credit
  rating; the amount or type of credit a consumer can expect to receive as
  a result of the performance of the services offered; the qualifications,
  training or experience of its personnel.
2. Make or counsel or advise any consumer to make any statement  which
  is  untrue or misleading and which is known, or which by the exercise of
  reasonable care should be known,  to  be  untrue  or  misleading,  to  a
  consumer  credit  reporting  agency  or  to  any person who has extended
  credit to a consumer or to whom a consumer is applying for an  extension
  of  credit,  with  respect  to  a  consumer's  credit worthiness, credit
  standing, or credit capacity.
3. Represent directly or indirectly in  its  advertising,  promotional
  materials,  sales  presentation, or in any manner that it can procure or
  obtain a credit card for a consumer unless that credit services  company
  has authority to issue the credit card being advertised.
2023 New York Laws › GBS - General Business › Article 28-BB - Credit Services Business › 458-I - Action for Recovery of Damages by Consumer.

§  458-i.  Action  for  recovery  of damages by consumer. Any consumer
  injured by a violation of this article or by the breach  by  the  credit
  services  business of a contract which has been entered into pursuant to
  section four hundred fifty-eight-f of this chapter may bring  an  action
  for  recovery  of  damages.  Judgment  shall  be  entered  in favor of a
  consumer in an amount not to exceed three times the actual damages,  but
  in no case less than the amount paid by the buyer to the credit services
  business. The court may award reasonable attorney's fees to a prevailing
  plaintiff.
2023 New York Laws › GBS - General Business › Article 28-BB - Credit Services Business › 458-J - Enforcement by Attorney General.

§  458-j.  Enforcement  by  attorney general. In addition to the other
  remedies provided, whenever there shall be a violation of this  article,
  application  may  be  made  by  the  attorney general in the name of the
  people  of  the  state  of  New  York  to  a  court  or  justice  having
  jurisdiction  by  a  special proceeding to issue an injunction, and upon
  notice to the defendant of not  less  than  five  days,  to  enjoin  and
  restrain  the  continuance of such violations; and 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 one thousand dollars for each violation. In
  connection with any such proposed application, the attorney  general  is
  authorized  to take proof and make a determination of the relevant facts
  and to issue subpoenas in accordance with the  civil  practice  law  and
  rules.
2023 New York Laws › GBS - General Business › Article 28-C - Immigrant Assistance Services › 460-A - Definitions and Applicability.

§  460-a.  Definitions  and  applicability.  For  the  purpose of this
  article the following terms shall have the following meanings:
1. "Immigrant assistance service" means providing  assistance,  for  a
  fee  or other compensation, to persons who have, or plan to, come to the
  United States from a  foreign  country,  or  their  representatives,  in
  relation   to   any   proceeding,   filing   or   action  affecting  the
  non-immigrant, immigrant or citizenship status of a person which  arises
  under   the   immigration   and  nationality  law,  executive  order  or
  presidential proclamation, or which arises under actions or  regulations
  of  the  United  States citizenship and immigration services, the United
  States department of homeland security, the United States department  of
  labor, or the United States department of state.
2.  "Provider"  means  any  person,  including  but  not  limited to a
  corporation, partnership, limited liability company, sole proprietorship
  or natural person, that  provides  immigrant  assistance  services,  but
  shall  not  include (a) any person duly admitted to practice law in this
  state and any person working  directly  under  the  supervision  of  the
  person  admitted;  (b)  any  not-for-profit tax exempt organization that
  provides immigrant assistance  without  a  fee  or  other  payment  from
  individuals  or  at  nominal  fees  as  defined  by the federal board of
  immigration appeals, and the employees of such organization when  acting
  within  the scope of such employment; (c) any organization recognized by
  the federal board of immigration  appeals  that  provides  services  via
  representatives  accredited  by  such  board to appear before the United
  States citizenship and immigration services and/or executive office  for
  immigration  review,  that does not charge a fee or charges nominal fees
  as defined by the board  of  immigration  appeals;  (d)  any  authorized
  agency under subdivision ten of section three hundred seventy-one of the
  social  services  law and the employees of such organization when acting
  within the scope of such employment; or  (e)  any  individual  providing
  representation  in  an  immigration-related proceeding under federal law
  for which  federal  law  or  regulation  establishes  such  individual's
  authority to appear.
2023 New York Laws › GBS - General Business › Article 28-C - Immigrant Assistance Services › 460-C - Required Notices.

§  460-c.  Required notices. 1. Posting of signs. Every provider shall
post signs, at every location where such provider meets with  customers,
setting  forth  information  in  English  and in every other language in
which the person provides or  offers  to  provide  immigrant  assistance
services.  There  shall  be  a separate sign for each language, and each
shall be posted in a location where it will be visible to customers.
(a) One sign shall be at least eleven inches by seventeen inches,  and
shall contain the following in not less than sixty point type:
"THE INDIVIDUAL PROVIDING ASSISTANCE TO YOU UNDER THIS CONTRACT IS NOT
AN  ATTORNEY  LICENSED  TO  PRACTICE  LAW  OR ACCREDITED BY THE BOARD OF
IMMIGRATION APPEALS TO PROVIDE REPRESENTATION TO YOU BEFORE  THE  UNITED
STATES  CITIZENSHIP AND IMMIGRATION SERVICES, THE DEPARTMENT OF HOMELAND
SECURITY, THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, THE DEPARTMENT OF
LABOR, THE DEPARTMENT OF STATE OR ANY IMMIGRATION  AUTHORITIES  AND  MAY
NOT  GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE. FOR A FREE LEGAL
REFERRAL CALL THE OFFICE FOR NEW AMERICANS HOTLINE AT (phone  number  of
the  office  for  new Americans). TO FILE A COMPLAINT ABOUT AN IMMIGRANT
ASSISTANCE SERVICE PROVIDER CALL THE OFFICE FOR NEW AMERICANS HOTLINE AT
(phone number of the office for  new  Americans),  THE  NEW  YORK  STATE
OFFICE  OF  ATTORNEY  GENERAL AT (phone number of the office of attorney
general), OR YOUR LOCAL DISTRICT  ATTORNEY  OR  PROSECUTOR'S  OFFICE  AT
(phone  number  of  the  local district attorney)." The service provider
shall be responsible for providing the  accurate  and  up-to-date  phone
numbers required on such sign.
(b) A separate sign shall be posted in a location visible to customers
in  conspicuous  size  type  and which contains the schedule of fees for
services offered and the statement:
"YOU MAY CANCEL ANY CONTRACT WITHIN 3 BUSINESS DAYS AND  GET  BACK  YOUR
DOCUMENTS AND ANY MONEY YOU PAID."
2.  Notice  in advertisements. Every provider who advertises immigrant
assistance services, whether by signs,  pamphlets,  newspapers,  or  any
other  written  communication  shall post or otherwise include with such
advertisement a notice  in  the  language  in  which  the  advertisement
appears.  This  notice  shall  be of a conspicuous size and shall state:
"THE INDIVIDUAL OFFERING TO PROVIDE IMMIGRANT ASSISTANCE SERVICES IS NOT
AN ATTORNEY LICENSED TO PRACTICE LAW  OR  ACCREDITED  BY  THE  BOARD  OF
IMMIGRATION  APPEALS  TO PROVIDE REPRESENTATION BEFORE THE UNITED STATES
CITIZENSHIP  AND  IMMIGRATION  SERVICES,  THE  DEPARTMENT  OF   HOMELAND
SECURITY, THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, THE DEPARTMENT OF
LABOR,  THE  DEPARTMENT  OF STATE OR ANY IMMIGRATION AUTHORITIES AND MAY
NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."
2023 New York Laws › GBS - General Business › Article 28-C - Immigrant Assistance Services › 460-E - Retention of Documents.

§ 460-e. Retention of documents. A provider shall retain copies of all
  documents  prepared  or obtained in connection with a customer's request
  for assistance for a period of three years after a written  contract  is
  executed  by the provider and the customer, whether or not such contract
  is subsequently cancelled.
2023 New York Laws › GBS - General Business › Article 28-C - Immigrant Assistance Services › 460-F - Surety Requirement.

§  460-f.  Surety  requirement.  Every provider shall maintain in full
  force and effect  for  the  entire  period  during  which  the  provider
  provides  immigrant  assistance  services  and  for  one  year after the
  provider ceased to  do  business  as  an  immigrant  assistance  service
  provider,  a  bond,  contract  of  indemnity,  or  irrevocable letter of
  credit, payable to the people of the state of New York, in the principal
  amount of fifty thousand dollars; provided, however, that every provider
  that receives in excess of two hundred fifty thousand dollars  in  total
  fees  and  other compensation for providing immigrant assistance service
  during any twelve-month period shall maintain in full force and effect a
  bond, contract of indemnity, or irrevocable letter of credit, payable to
  the people of the state of New York, in the principal amount  of  twenty
  percent  of  such  total fees and compensation. Such surety shall be for
  the benefit of any customer who does not receive a refund of  fees  from
  the  provider to which he or she is entitled, or is otherwise injured by
  the provider. The attorney general on behalf  of  the  customer  or  the
  customer  in  his  or  her  own name, may maintain an action against the
  provider and the surety.
2023 New York Laws › GBS - General Business › Article 28-C - Immigrant Assistance Services › 460-G - Action.

§ 460-g. Action. An individual who is harmed by a provider as a result
  of  a provider's violation of this article may bring an action in his or
  her own name against a provider to enjoin such unlawful act or practice,
  an action to recover his or her actual damages  or  twenty-five  hundred
  dollars,  whichever is greater, or both such actions, in addition to any
  other remedy available in law or equity. The court may award  costs  and
  reasonable attorney's fees to a prevailing plaintiff.
2023 New York Laws › GBS - General Business › Article 28-C - Immigrant Assistance Services › 460-H - Enforcement.

§   460-h.  Enforcement.  Upon  any  violation  of  this  article,  an
  application 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.
2023 New York Laws › GBS - General Business › Article 28-C - Immigrant Assistance Services › 460-I - Violations.

§  460-i.  Violations.  Any violation of any provision of this article
  shall be a class A misdemeanor, and upon conviction  thereof,  shall  be
  punishable  by  a  fine  of  not  more  than one thousand dollars, or by
  imprisonment for not more than one  year,  or  by  both  such  fine  and
  imprisonment;  provided however, a second or subsequent offense shall be
  punishable by a fine of not more  than  three  thousand  dollars  or  by
  imprisonment  for  not  more  than  one  year,  or by both such fine and
  imprisonment. In addition, the court may order as part of  the  sentence
  imposed restitution or reparation to the victim of the crime pursuant to
  section  60.27  of  the  penal  law. The attorney general shall have the
  power to prosecute any violation of this article.
2023 New York Laws › GBS - General Business › Article 28-C - Immigrant Assistance Services › 460-K - Additional Civil Penalty for Consumer Frauds Committed Against Users of Immigrant Assistance Services.

§  460-k.  Additional  civil  penalty  for  consumer  frauds committed
against users of immigrant assistance services. 1. (a)  In  addition  to
any  liability  for  damages  or  a  civil  penalty  imposed pursuant to
sections three hundred  forty-nine,  three  hundred  fifty-c  and  three
hundred fifty-d of this chapter, regarding deceptive practices and false
advertising,  and  subdivision  twelve  of  section  sixty-three  of the
executive  law,  regarding  proceedings  by  the  attorney  general  for
equitable  relief against fraudulent or illegal consumer fraud, a person
or entity who engages in any conduct prohibited by  said  provisions  of
law,  and  whose  conduct  is  perpetrated  against  one or more persons
seeking or using immigrant assistance services, may  be  liable  for  an
additional  civil  penalty  not  to  exceed  ten  thousand  dollars,  in
accordance with paragraph (b) of this subdivision.
(b) In determining whether to  impose  a  supplemental  civil  penalty
pursuant  to  paragraph  (a)  of this subdivision, and the amount of any
such penalty, the court shall consider, in addition to other appropriate
factors, the extent to which the following factors are present:
(1) Whether the defendant knew that his or her conduct was directed to
one or more persons seeking or using immigrant  assistance  services  or
whether the defendant knowingly acted with disregard for the rights of a
person seeking or using immigrant assistance services;
(2)  Whether  the  defendant's conduct: (i) caused a person seeking or
using immigrant assistance services to suffer loss or encumbrance  of  a
primary  residence,  loss of employment or source of income, substantial
loss of property or assets essential to the health  or  welfare  of  the
person  seeking  or using immigrant assistance services; or (ii) whether
one or more persons seeking or using immigrant assistance services  were
substantially  more  vulnerable  to  the  defendant's conduct because of
impaired  understanding,  or  any  other  perceived  disadvantage,   and
actually  suffered  physical  or  economic  damage  resulting  from  the
defendant's conduct.
2. Restitution ordered pursuant to the provisions  of  law  listed  in
subdivision  one of this section or pursuant to any other section of law
shall be given priority over the imposition of civil  penalties  ordered
by the court under this section.
2023 New York Laws › GBS - General Business › Article 28-D - Lasers, Radiation, Crane Operators and Blasters › 480 - Legislative Findings.

§ 480. Legislative findings. The legislature hereby finds that the use
  of  lasers  and  radioactive  materials,  the  operation  of cranes, the
  detonation of explosives, and the preparation and firing of pyrotechnics
  involve such elements of potential  danger  to  the  lives,  health  and
  safety  of the citizens of this state and to their property that special
  regulations are necessary to insure that only persons of proper  ability
  and experience shall engage in such uses and operations.
The  legislature  hereby declares that this article shall be deemed an
  exercise of the police power of this state for  the  protection  of  the
  lives,  health  and  safety  of  citizens  in  this  state  and of their
  property.
2023 New York Laws › GBS - General Business › Article 28-D - Lasers, Radiation, Crane Operators and Blasters › 481 - Definitions.

§ 481. Definitions. As used in this article:
1.   "Laser"  means  light  amplification  by  simulated  emission  of
  radiation.
2. "Radioactive material" means any material in any  form  that  emits
  ionizing   radiation  spontaneously.  "Radiation  equipment"  means  any
  equipment or device which can emit ionizing or non-ionizing radiation.
3. "Crane" includes but is not limited to cranes and equipment of  the
  following  types:  a  mobile,  carrier-mounted,  power-operated hoisting
  machine  utilizing  a  power-operated  boom  which  moves  laterally  by
  rotation  of  the machine on the carrier, tower cranes, hydraulic cranes
  and power-operated derricks; provided, however, that "crane"  shall  not
  include  public  utility  company  line  trucks used by a public utility
  company  in  the  construction  and  maintenance  of   its   generation,
  transmission and distribution facilities.
4.  "Blaster"  means  a person who performs the act of preparation for
  detonation and the detonation of an explosive.
5. "Pyrotechnician" means a person who performs  the  preparation  for
  and  the  firing  of  pyrotechnics, as defined in article sixteen of the
  labor law.
6. "Commissioner" means the commissioner of labor of the state of  New
  York,  except  that  any  reference  to the commissioner with respect to
  radioactive  material,  as  defined  in  this  article,   or   radiation
  equipment,  as  defined  in  this  article,  shall be a reference to the
  commissioner of health of the state of New York.
2023 New York Laws › GBS - General Business › Article 28-D - Lasers, Radiation, Crane Operators and Blasters › 482 - Licensing and Registration.

§  482. Licensing and registration. 1. No individual shall use lasers,
  operate a crane, act as a blaster or as a pyrotechnician without holding
  a valid certificate of competence issued by the commissioner of labor.
2. No person shall possess or use any radioactive material  without  a
  valid  license  issued by the commissioner of health. Every installation
  and mobile source consisting of radiation equipment shall be  registered
  with the commissioner of health.
3. No employer, contractor or agent thereof shall knowingly permit any
  individual  to  use  lasers, operate a crane or act as a blaster or as a
  pyrotechnician without holding a valid certificate of competence  issued
  by the commissioner of labor.
2023 New York Laws › GBS - General Business › Article 28-D - Lasers, Radiation, Crane Operators and Blasters › 483 - Administration.

§  483.  Administration.  1.  a.  The  commissioner of labor is hereby
  authorized and directed to prescribe such rules and regulations  as  may
  be  necessary  and proper for the administration and enforcement of this
  article  with  respect  to  lasers,  crane   operators,   blasters   and
  pyrotechnicians.
b.  Pursuant  to  section two hundred twenty-five of the public health
  law, the public health and  health  planning  council,  subject  to  the
  approval  of  the  commissioner  of  health,  is  hereby  authorized and
  directed to prescribe such rules and regulations as may be necessary and
  proper for the administration  and  enforcement  of  this  article  with
  respect   to   radioactive   material   and  radiation  equipment.  Such
  regulations may require the posting of a bond or other security.
2. Such  regulations  may  provide  for  examinations,  categories  of
  certificates,   licenses,   or   registrations,   age   and   experience
  requirements, payment of fees, and may also provide for such limitations
  and exemptions as the commissioner finds necessary and  proper.  In  the
  case  of  blasters  and  pyrotechnicians,  such  regulations may require
  fingerprinting, and in the case of users of radioactive  material,  such
  regulations may require the posting of a bond or other security.
3.  Any member of a blaster examining board, crane operating examining
  board or other board created pursuant to rules and  regulations  of  the
  commissioner  to  implement  this  article shall serve without salary or
  other compensation.
4. The laser operating examining board is  hereby  abolished  and  any
  reference  to the laser operating examining board, in law or regulation,
  shall  be  deemed  a  reference  to  the  commissioner  of  labor.   Any
  inconsistent  regulation  or part thereof shall be deemed repealed as of
  the effective date of this subdivision.
2023 New York Laws › GBS - General Business › Article 28-D - Lasers, Radiation, Crane Operators and Blasters › 485 - Application.

§  485.  Application. 1. Except as otherwise provided in this article,
  this article shall not  apply  to  the  use  or  possession  of  lasers,
  radioactive  material  or  radiation  equipment which are subject to the
  regulatory powers and jurisdiction of the state department of health  or
  the health department of the city of New York.
2.  a. Sections four hundred eighty-two, four hundred eighty-three and
  subdivision one of section four  hundred  eighty-four  of  this  article
  shall  not  apply  to  an  individual  operating  a crane or acting as a
  blaster in a city having a population of one million or more.
b. No individual shall operate a crane or act as a blaster in  a  city
  having  a  population  of  one  million  or more without holding a valid
  license or certificate of fitness issued by such city, and such city  is
  hereby  authorized  and  directed  to prescribe rules and regulations as
  described in section four hundred eighty-three of this article.
c. No employer, contractor or agent thereof shall knowingly permit any
  individual to operate a crane or act as a blaster in  a  city  having  a
  population  of  one million or more unless such individual holds a valid
  license or certificate of fitness issued by such city.
2023 New York Laws › GBS - General Business › Article 28-D - Lasers, Radiation, Crane Operators and Blasters › 486 - Crane Inspectors.

§   486.   Crane   inspectors.   1.  Civil  penalty  and  enforcement.
  Notwithstanding any other provision of law, where it is proven, after  a
  hearing on the merits, that a crane inspector:
a.  willfully  failed  to inspect a crane for which he or she filed an
  inspection report; or
b. willfully falsified an inspection report; or
c. willfully made material misstatements or material omissions  on  an
  inspection report; or
d.  willfully accepted a bribe, regardless of its effect on his or her
  official duties;
such crane inspector shall be subject to a civil penalty of  not  less
  than  one  thousand dollars nor more than five thousand dollars for each
  such  occurrence  or  transaction.  The  attorney  general  shall   have
  jurisdiction to enforce the provisions of this subdivision.
2.  Scope.  The  provisions  of  this  section  shall not be deemed to
  establish an exclusive remedy, and  shall  not  be  deemed  to  bar  the
  prosecution  of  criminal  charges  in  addition  to  any action brought
  pursuant to the provisions of this section.
2023 New York Laws › GBS - General Business › Article 28-E - Children's Product Safety and Recall Effectiveness Act of 2008 › 490-B - Manufacturers' Requirements to Include Product Safety Owner's Cards.

§ 490-b. Manufacturers' requirements to include product safety owner's
  cards.  1.  Manufacturers of durable juvenile products distributed, sold
  or made available in New York  state  shall  include  a  product  safety
  owner's  card  with  all  sales to initial consumers of durable juvenile
  products. The manufacturer shall not use or  disseminate  to  any  other
  party  the  information  collected  by  the manufacturer for any purpose
  other than notification to the consumer concerned  in  the  event  of  a
  product  recall  or safety alert regarding the product concerned. Within
  the product  safety  owner's  card,  such  manufacturers  shall  request
  initial consumer information as prescribed by the United States consumer
  product  safety commission, pursuant to subsection (d) of section 104 of
  the United States Consumer Product Safety Improvement Act of 2008,  Pub.
  L.  No. 110-314 and the United States consumer product safety commission
  rules promulgated  in  accordance  with  such  act,  to  effectuate  the
  notification  required  by this article. The product safety owner's card
  shall include a statement indicating that the information shall  not  be
  used  for  any  purpose  other  than to facilitate a recall of or safety
  alert regarding that product.
2. Such manufacturer shall retain for a period of  no  less  than  six
  years   any   initial   consumer   contact  information  obtained.  This
  information shall not be sold, posted, transferred or used for any other
  purpose other than to communicate  information  relating  to  a  recall,
  warning or defect directly associated with the product.
3.  Nothing  in  this  section shall be deemed to compel a consumer to
  complete and return such product safety owner's card.
2023 New York Laws › GBS - General Business › Article 28-E - Children's Product Safety and Recall Effectiveness Act of 2008 › 490-C - Labeling of Children's Products and Durable Juvenile Products.

§   490-c.  Labeling  of  children's  products  and  durable  juvenile
  products.  1. Every manufacturer or importer of a children's product  or
  a  durable  juvenile product sold or distributed in New York state shall
  label such product or its packaging with a label as prescribed by 15 USC
  2063 and the United States  consumer  product  safety  commission  rules
  promulgated in accordance with the United States Consumer Product Safety
  Improvement Act of 2008.
2. No commercial dealer or retailer shall obscure, in part or in full,
  any label required under this section.
2023 New York Laws › GBS - General Business › Article 28-E - Children's Product Safety and Recall Effectiveness Act of 2008 › 490-D - Product Recall or Warning Requirements.

§  490-d. Product recall or warning requirements. 1. When a commercial
dealer of children's products or  durable  juvenile  products  has  made
available  or  placed  for  sale  in  this state a children's product or
durable juvenile product for which a recall or warning has been  issued,
the  commercial  dealer  must  discontinue  distribution of any recalled
product and initiate the following process within twenty-four  hours  of
issuing  or  receiving  the  recall or warning from the consumer product
safety commission:
(a) Contact in writing any persons to whom it sold or  otherwise  made
available that particular children's product or durable juvenile product
in  this  state  and  inform  them  of the recall or warning. The recall
notice shall direct all such persons to stop the sale or distribution of
the recalled product and provide directions on the disposition  of  such
product;
(b)  If  the  commercial  dealer maintains a website, such dealer must
place on the home page (or the first entry point) of its website a  link
to  recall  or  warning  information  that  contains the specific recall
notice or warning that was issued for the product in question;
(c) Give notice of the recall  or  warning  directly  to  the  initial
consumer, if contact information for such consumer is known; and
(d) Provide notification to the department of such recall or warning.
All  notices  under  this  subdivision  must  include  in  a  clear  and
conspicuous fashion a description of the product,  the  reason  for  the
recall   or  warning,  a  picture  of  the  product  if  available,  and
instructions on how to return or exchange  the  recalled  product.  Such
notice  shall include only the product recall or warning information and
may not include sales or marketing information on that  product  or  any
other product, excluding return and exchange policies.
2.  (a)  When  a  commercial  dealer of children's products or durable
juvenile products has sold or otherwise made available in this  state  a
children's  product  or  durable juvenile product for which a recall has
been issued, and such commercial dealer receives such products back from
purchaser, the commercial dealer shall  take  actions,  consistent  with
commonly   accepted  industry  practices  and  with  state  and  federal
environmental standards, to ensure that no person shall use the recalled
product unless and until the defect or other basis for  the  recall  has
been corrected on such recalled product.
(b)   The   commercial   dealer   shall   provide  to  the  department
certification of disposition for such recalled  products  within  ninety
days  after  the issuance of the recall, unless upon written application
by such dealer  the  department  determines  an  extension  of  time  is
warranted.
2023 New York Laws › GBS - General Business › Article 28-E - Children's Product Safety and Recall Effectiveness Act of 2008 › 490-E - Retailer Responsibilities.

§  490-e.  Retailer  responsibilities.  1.  A retailer shall not sell,
lease or otherwise  make  available  a  children's  product  or  durable
juvenile  product that does not contain an appropriate label as provided
under section four hundred ninety-c of this article.
2. When a retailer has knowledge of a commercial dealer or  a  federal
or  state  agency's notice of a recall or warning regarding a children's
product or durable juvenile  product,  and  if  the  retailer  currently
offers  for sale or otherwise makes available or had offered for sale or
otherwise made  available  such  product,  the  retailer  shall  do  the
following:
(a)  Within one business day of knowledge of a recall notice, initiate
a corrective undertaking  that  includes  (i)  removing  the  children's
product  or  durable  juvenile  product  from the store shelves and (ii)
taking steps to ensure that such product is not sold or made  available,
including,  but  not  limited  to  implementing a mechanism or procedure
which will prevent a recalled product or products from  being  purchased
at a point of sale.
(b)  Within  one  business  day  of  knowledge of either a notice of a
recall or a warning:
(i) post recall and warning notices conspicuously  at  the  retailer's
locations for a period of at least sixty days; and
(ii)  if  the  retailer maintains a website, post on the home page (or
the first entry point) for a period of sixty days a link  to  recall  or
warning  information that contains the specific recall or warning notice
that was issued for the product. The  information  may  include  only  a
photograph  or  detailed rendering of the product and the product recall
or  warning  information  and  may  not  include  sales   or   marketing
information.
(c)  Upon  knowledge  of  a  recall  or  warning  notice, when contact
information was provided at the time of purchase and  remains  available
at  the  time  of  receipt  of the recall or warning notice the retailer
shall contact the initial consumer of  a  durable  juvenile  product  to
provide  the  recall  or  warning  information.  The  recall  or warning
information must include a description of the product,  the  reason  for
the recall or warning, and instructions on how to exchange, return for a
refund  or  otherwise  respond to the children's product involved in the
recall or warning. Such notice shall include only the product recall  or
warning  information  and may not include sales or marketing information
on that product or any other product, other than  the  pertinent  return
and exchange policies.
2023 New York Laws › GBS - General Business › Article 28-E - Children's Product Safety and Recall Effectiveness Act of 2008 › 490-F - Non-Retail Sales Responsibilities.

§ 490-f. Non-retail sales responsibilities. 1. Any person that acts as
  an  operator  or  manager  of  a  website  that  serves as a platform to
  facilitate by a competitive bidding  process  or  solely  between  third
  parties  the  resale,  sale  or  distribution  of children's products or
  durable juvenile products  shall  conspicuously  post  on  its  homepage
  advisory  language  which  notifies  buyers  or  sellers  of  children's
  products or durable juvenile products  of  the  importance  of  checking
  recall  lists  before  engaging in such transactions that incorporates a
  direct link to the recall information available  at  the  United  States
  consumer product safety commission website.
2.  Secondhand  dealers  who  sell  children's products and/or durable
  children's products shall post a notice instructing consumers on how  to
  obtain  recall  information  and  advisory language notifying buyers and
  sellers of children's products  or  durable  juvenile  products  of  the
  importance   of   checking   recall   lists   before  engaging  in  such
  transactions. Such notice shall be prominently posted at  the  point  of
  sale or at the entrance to the premises where the product is offered for
  sale.