reglab/statecodes huggingface dataset:
2023 New York Laws › GBS - General Business › Article 40 - Peer-to-Peer Car Sharing Programs › 917 - Electronic Notice Authorized.

§  917.  Electronic  notice  authorized.  1. Notwithstanding any other
  provision of  this  article,  and  the  peer-to-peer  car  sharing  act,
  including, without limitation, sections two thousand three hundred five,
  three  thousand  four  hundred  fifty-nine,  three thousand four hundred
  sixty, and five thousand one hundred  six  of  the  insurance  law,  any
  notice,  statement,  certificate, or disclosure of general applicability
  required to be provided, delivered, posted, or otherwise made  available
  by  a  peer-to-peer  car  sharing  program administrator pursuant to any
  provision of  this  article,  and  the  peer-to-peer  car  sharing  act,
  including, without limitation, sections two thousand three hundred five,
  three  thousand  four  hundred  fifty-nine,  three thousand four hundred
  sixty, and five thousand one hundred six of  the  insurance  law,  shall
  also be deemed timely and effectively made where such notice, statement,
  certificate or disclosure is provided or delivered electronically to the
  shared  vehicle  owner  and/or  driver  at  or before the time required,
  provided that such shared vehicle owner and/or driver has given  his  or
  her  express  consent  to  receive  such  notice or disclosure in such a
  manner.
2. Electronic or written acceptance shall hereby  be  deemed  a  valid
  form  of  acceptance  of  any  such  notice,  statement, certificate, or
  disclosure, and acceptance shall remain effective  until  such  time  as
  acceptance  is  affirmatively  withdrawn  by such shared vehicle driver.
  Notices, statements, certificates, and disclosures  made  electronically
  pursuant  to  this  subdivision  shall  be  exempt from any placement or
  stylistic display requirements, including but not limited  to  location,
  font  size,  typeset, or other specifically stated description; provided
  such disclosure is made in a clear and conspicuous manner.
2023 New York Laws › GBS - General Business › Article 40 - Peer-to-Peer Car Sharing Programs › 918 - Airport Transactions.

§ 918. Airport transactions. If an airport operator, including but not
  limited  to  the public authority responsible for regulating commerce at
  such airport within this state, requests that a peer-to-peer car sharing
  program administrator enter into an airport concession  agreement,  such
  peer-to-peer  car  sharing program shall enter into a written agreement,
  where the peer-to-peer  car  sharing  program  administrator  or  shared
  vehicle owner uses the program to:
1. list vehicles parked on airport property or at airport facilities;
2.  contract for transportation to or from airport property or airport
  facilities;
3. facilitate the  use  of  a  shared  vehicle  to  transport  airport
  passengers on or off airport property; or
4.  promote or market a shared vehicle to transport airport passengers
  on or off airport property.
2023 New York Laws › GBS - General Business › Article 40 - Peer-to-Peer Car Sharing Programs › 919 - Enforcement.

§   919.   Enforcement.   1.  Except  where  a  different  penalty  is
specifically imposed pursuant to any  provision  of  this  article,  any
peer-to-peer   car  sharing  program  found  by  a  court  of  competent
jurisdiction to have violated a  provision  of  this  article  shall  be
subject to a penalty of not less than five hundred dollars nor more than
one thousand dollars for each violation.
2.  (a)  Whenever  there  shall  be  a  violation  of this section, an
application may be made by the attorney  general  in  the  name  of  the
people  of the state of New York to a court of competent jurisdiction by
a special proceeding for the imposition of a fine or the issuance of  an
injunction  against  any  violation of this section, upon notice to such
peer-to-peer car sharing program of not less than five days,  to  enjoin
and restrain the continuance of such violations.
(b)  If the court finds that the defendant has, in fact, violated this
section, an injunction may  be  issued  by  such  court,  enjoining  and
restraining  any  further  violation,  without  requiring proof that any
person has, in fact, been injured or damaged thereby.
(c) In any proceeding authorized pursuant  to  this  subdivision,  the
court may direct restitution and make allowances to the attorney general
as provided in section sixty-three of the executive law.
(d)  In  support  of any application pursuant to this subdivision, the
attorney general is authorized to take proof,  determine  relevant  fact
and issue subpoenas in accordance with the civil practice law and rules.
3.  Any  clause  or  provision of a peer-to-peer car sharing agreement
inconsistent with the provisions of this article shall be deemed void as
against public policy.
2023 New York Laws › GBS - General Business › Article 41 - Combative Sports › 1000 - Definitions.

§  1000.  Definitions. As used in this article: 1. "Amateur" means any
  participant in a combative sport authorized pursuant to this article who
  is not receiving or  competing  for,  and  who  has  never  received  or
  competed for, any purse, money, prize, pecuniary gain, or other thing of
  value exceeding seventy-five dollars or the allowable amount established
  by the authorized amateur sanctioning entity overseeing the competition.
2.  "Authorized sanctioning entity" means an entity allowed to oversee
  and conduct combative sports pursuant to regulations promulgated by  the
  commission.
3.  "Combative  sport"  means  any unarmed bout, contest, competition,
  match, or exhibition undertaken to entertain an  audience,  wherein  the
  participants  primarily grapple or wrestle, or deliver blows of any kind
  to, or use  force  in  any  way  to  manipulate,  the  body  of  another
  participant,  and  wherein the outcome and score depend entirely on such
  activities.
4. "Commission" means the state athletic commission as provided for in
  section one thousand three of this article, or an agent or  employee  of
  the state athletic commission acting on its behalf.
5.  "Mixed  martial arts" means a combative sport wherein the rules of
  engagement do not  limit  the  participants  to  a  single,  systematic,
  fighting discipline.
6.   "Professional"   means  any  participant  in  a  combative  sport
  authorized pursuant to this article,  other  than  an  amateur,  who  is
  receiving  or  competing  for, or who has ever received or competed for,
  any purse, money,  prize,  pecuniary  gain,  or  other  thing  exceeding
  seventy-five dollars in value.
2023 New York Laws › GBS - General Business › Article 41 - Combative Sports › 1001 - Combative Sports Authorized.

§  1001. Combative sports authorized. Combative sports conducted under
  the  supervision  of  the  commission,  under  the  supervision  of   an
  authorized  sanctioning  entity,  or  as  provided  for  in  section one
  thousand twenty-one of this article, are hereby  authorized.  Authorized
  combative  sports  include,  amateur and professional boxing, wrestling,
  sparring, kick boxing, single discipline martial arts and mixed  martial
  arts, pursuant to the provisions of this article.
2023 New York Laws › GBS - General Business › Article 41 - Combative Sports › 1002 - Combative Sports Prohibited.

§  1002.  Combative  sports  prohibited.  1.  The conduct of combative
  sports outside the  supervision  of  the  commission  or  an  authorized
  sanctioning entity is prohibited.
2.  A  person advances a prohibited combative sport when, acting other
  than as a spectator, he or she engages in conduct which materially  aids
  any  unauthorized  combative  sport.  Such  conduct  includes but is not
  limited to  conduct  directed  toward  the  creation,  establishment  or
  performance  of  a prohibited combative sport, toward the acquisition or
  maintenance of premises, paraphernalia, equipment or apparatus therefor,
  toward  the  solicitation  or  inducement  of  persons  to   attend   or
  participate  therein,  toward  the  actual  conduct  of  the performance
  thereof, toward the arrangement of any of its financial  or  promotional
  phases,  or  toward any other phase of a prohibited combative sport. One
  advances  a  prohibited  combative  sport   when,   having   substantial
  proprietary or other authoritative control over premises being used with
  his or her knowledge for purposes of a prohibited combative sport, he or
  she  permits such to occur or continue or makes no effort to prevent its
  occurrence or continuation.
3. A person profits from a prohibited combative sport when he  or  she
  accepts  or  receives money or other property with intent to participate
  in the proceeds of a prohibited  combative  sport,  or  pursuant  to  an
  agreement   or   understanding   with  any  person  whereby  he  or  she
  participates or is to  participate  in  the  proceeds  of  a  prohibited
  combative sport.
2023 New York Laws › GBS - General Business › Article 41 - Combative Sports › 1003 - State Athletic Commission.

§  1003.  State athletic commission. 1. The state athletic commission,
  as named by chapter nine hundred twelve of the laws of nineteen  hundred
  twenty,  as amended by chapter six hundred three of the laws of nineteen
  hundred eighty-one, is continued as a  division  of  the  department  of
  state.  The  commission  shall  act  in  the best interests of combative
  sports. The commission is enacted to  protect  the  health,  safety  and
  general  welfare  of all participants in combative sports and spectators
  thereof, to preserve the integrity of combative sports through the means
  of  licensing,  oversight,  enforcement   and   the   authorization   of
  sanctioning  entities, and to facilitate the development and responsible
  conduct of combative sports throughout the entire state. The  commission
  shall  consist of five members who shall be appointed by the governor by
  and with the advice and  consent  of  the  senate.  The  governor  shall
  designate  one  of  the  members  as  chairperson of the commission. The
  members of the commission shall be appointed for terms of  three  years.
  Any vacancy in the membership of the commission caused otherwise than by
  expiration  of  term shall be filled only for the balance of the term of
  the member in whose position the vacancy occurs.
2.  The  commissioners  shall  be  paid  their  actual  and  necessary
  traveling  and  other  expenses  incurred  by them in the performance of
  their official duties. The members of the commission shall adopt a  seal
  for  the commission, and make such rules for the administration of their
  office, not inconsistent herewith, as they may deem expedient; and  they
  may amend or abrogate such rules. Three of the members of the commission
  shall  constitute  a  quorum  to  do  business; and the concurrence of a
  majority of the commissioners present shall be  necessary  to  render  a
  determination  by  the  commission.  The  commission  is vested with the
  authority to adopt such rules and regulations as necessary to effectuate
  the provisions of this article.
2023 New York Laws › GBS - General Business › Article 41 - Combative Sports › 1004 - Jurisdiction of the Commission.

§  1004. Jurisdiction of the commission. The commission shall have and
  is hereby vested  with  the  sole  direction,  management,  control  and
  jurisdiction over:
1. all authorized combative sports;
2.  all  licenses  or permits granted by the commission to any and all
  persons or entities who participate in authorized combative sports;
3. all determinations  regarding  the  authorization  of  amateur  and
  professional sanctioning entities;
4.  all  gyms,  clubs,  training  camps  and  other organizations that
  maintain training facilities to prepare  persons  for  participation  in
  authorized professional combative sports;
5.  the  promotion of professional wrestling exhibitions to the extent
  provided for in this article; and
6. all  contracts  directly  related  to  the  conduct  of  authorized
  professional combative sports in the state of New York.
7. All disclosures to the commission shall be deemed confidential.
2023 New York Laws › GBS - General Business › Article 41 - Combative Sports › 1005 - Officers and Employees of the Commission.

§  1005.  Officers  and  employees of the commission. The secretary of
  state may appoint, and at his  or  her  pleasure  remove,  an  executive
  director,  deputies, officers, inspectors, physicians and any such other
  employees as may be necessary  to  administer  the  provisions  of  this
  article and fix their salaries within the amount appropriated therefor.
2023 New York Laws › GBS - General Business › Article 41 - Combative Sports › 1006 - Sanctioning Entities.

§  1006.  Sanctioning  entities.  1.  The  commission shall promulgate
regulations establishing a process by which entities may  be  recognized
and  approved by the commission as authorized sanctioning entities for a
period of time to be established by the  commission,  during  which  the
entity  will  be  allowed to oversee and conduct combative sports within
the state of New York. The commission may, in its reasonable discretion,
limit the scope of any recognition and approval of a sanctioning  entity
to the oversight and conduct of one or more specific combat disciplines,
amateur  or  professional combative sports, or to any combination of the
foregoing based on the qualifications,  integrity  and  history  of  the
entity seeking authorization as a sanctioning entity.
2. The commission shall evaluate factors including but not limited to:
(a) the entity's stated mission and primary purpose;
(b)  whether  the  entity requires participants in combative sports to
use hand, foot and groin protection;
(c) whether the entity has an established set of rules  that  requires
the  immediate  termination  of any combative sport when any participant
has endured severe punishment or  is  in  danger  of  suffering  serious
physical injury; and
(d)  whether  the  entity  has established protocols to effectuate the
appropriate and timely medical treatment of injured persons.
2023 New York Laws › GBS - General Business › Article 41 - Combative Sports › 1008 - Licenses; Judges.

§  1008. Licenses; judges. 1. Except as otherwise provided in sections
  one thousand six and one thousand seventeen  of  this  article,  only  a
  person  licensed  by  the  commission,  as a combative sports judge, may
  judge an authorized  professional  combative  sport  within  the  state.
  Judges  for  any  authorized  professional  combative  sport  under  the
  jurisdiction of the commission shall be selected by the commission  from
  a list of qualified licensed judges maintained by the commission.
2.  Any  participant  in  a professional combative sport or his or her
  manager may protest the assignment of a  judge  to  a  contest  and  the
  participant or manager may be heard by the commission or its designee if
  such protest is timely. If the protest is untimely it shall be summarily
  rejected.
3.  Each  person  seeking  to be licensed as a judge by the commission
  shall be required to submit to or provide proof of  an  eye  examination
  and  annually  thereafter  on  the  anniversary  of  the issuance of the
  license.  The commission shall establish continuing  education  programs
  and  requirements to be completed by licensed judges. Each judge must be
  certified as having completed a training  program  as  approved  by  the
  commission and shall pass an examination approved by the commission.
4.  Each  person  seeking  a  license to judge authorized professional
  combative sports in the state shall be required to fill out a  financial
  questionnaire certifying under penalty of perjury full disclosure of the
  judge's  financial situation on a questionnaire to be promulgated by the
  commission. Such questionnaire shall be in a form and manner approved by
  the commission and shall provide information as to areas  of  actual  or
  potential conflict of interest as well as appearances of such conflicts,
  including  financial  responsibility.  Within  forty-eight  hours of any
  match, each judge of a professional combative sport shall file with  the
  commission  a  financial disclosure statement in such form and manner as
  shall be acceptable to the commission.
2023 New York Laws › GBS - General Business › Article 41 - Combative Sports › 1009 - Licenses; Entities.

§  1009.  Licenses;  entities.  1. (a) Except as otherwise provided in
sections one thousand six and one thousand seventeen  of  this  article,
only  entities  licensed  by  the  commission  may conduct an authorized
professional combative sport within the state. The  commission  may,  in
its   discretion,   issue  a  license  to  conduct  or  hold  authorized
professional combative sports, subject to the provisions hereof, to  any
person  or  corporation  duly incorporated, or limited liability company
authorized, under the laws of the state of New York.
(b) A prospective licensee must submit to the commission proof that it
can furnish suitable premises, as determined by the commission, in which
such combative sport is to be held.
(c) Upon written application the commission may grant  to  any  entity
holding  a  license  issued  hereunder,  the privilege of holding such a
match or exhibition on a specified date in other premises, or in another
location, than the premises  or  location  previously  approved  by  the
commission,  subject however to approval of the commission and the rules
and regulations of the commission.
2. (a) The commission may, in its discretion and  in  accordance  with
regulations  adopted  by the commission to protect the health and safety
of professionals in training, issue a  license  to  operate  a  training
facility  providing contact sparring maintained either exclusively or in
part for the use of professional combative  sports  participants.  At  a
minimum, any such regulation shall require:
(i)  first aid materials to be stored in an accessible location on the
premises and for the presence on the premises of a  person  trained  and
certified   in   the   use   of   such   materials  and  procedures  for
cardio-pulmonary resuscitation at all times during which the facility is
open for training purposes;
(ii) clean and sanitary bathrooms, shower rooms, and locker rooms;
(iii) adequate ventilation and lighting of  accessible  areas  of  the
training facility;
(iv)  establishment  of a policy concerning the restriction of smoking
in training areas, including  provisions  for  its  enforcement  by  the
facility operator;
(v) compliance with state and local fire ordinances;
(vi)  inspection  and  approval  of  surfaces  on  which  training for
combative sports will be held; and
(vii) establishment of a policy for  posting  all  commission  license
suspensions   and  license  revocations  received  from  the  commission
including provisions for enforcement of such suspensions and revocations
by the facility operator.
(b) A prospective entity licensee shall submit to the commission proof
that it can furnish suitable facilities in which the training is  to  be
conducted,  including  the  making of such training facilities available
for inspection by the commission at any time during which training is in
progress.
2023 New York Laws › GBS - General Business › Article 41 - Combative Sports › 1010 - Licenses; Professionals.

§  1010.  Licenses;  professionals. 1. Except as otherwise provided in
  sections  one  thousand  six,  one  thousand  eleven  and  one  thousand
  seventeen of this article, only persons licensed by the commission shall
  compete in authorized professional combative sports.
2.  Any professional applying for a license or renewal of a license to
  participate in combative sports  under  this  article  shall  undergo  a
  comprehensive   physical  examination  including  clinical  neurological
  examinations by a physician approved by the commission. If, at the  time
  of such examination, there is any indication of brain injury, or for any
  other  reason the physician deems it appropriate, the professional shall
  be  required  to  undergo  further  neurological   examinations   by   a
  neurologist  including  magnetic  resonance  imaging  or other medically
  equivalent procedures. The commission shall not issue  a  license  to  a
  professional  until  such examinations are completed and reviewed by the
  commission. The results of all such examinations herein  required  shall
  become  a  part  of  the  professional's  permanent  medical  record  as
  maintained by the commission. The costs of all such  examinations  shall
  be  assumed  by the applicant or promoter with which the professional is
  affiliated, regardless of provider.
3. Any professional licensed under this article shall, as a  condition
  of licensure, waive right of confidentiality of medical records relating
  to  treatment  of  any  physical  condition  which relates to his or her
  ability to fight. All medical reports  submitted  to,  and  all  medical
  records  of the medical advisory board or the commission relative to the
  physical examination or condition of professionals shall  be  considered
  confidential, and shall be open to examination only to the commission or
  its  authorized  representative, to the licensed professional or manager
  upon written application to examine said records, or upon the order of a
  court of competent jurisdiction in an appropriate case.
2023 New York Laws › GBS - General Business › Article 41 - Combative Sports › 1011 - Temporary Working Permits.

§  1011. Temporary working permits. The commission may issue temporary
  working permits to professionals, their managers, trainers and  seconds.
  A  temporary working permit shall authorize the employment of the holder
  of such permit to engage in a single authorized  professional  combative
  sport  at  a  specified  time and place. The commission may require that
  professionals applying for temporary working permits undergo a  physical
  examination  and  neurological  test  or  procedure,  including magnetic
  resonance imaging or medically equivalent procedure.  Temporary  working
  permits  shall  expire  upon  the  completion  of  the single authorized
  professional  combative  sport  and  any   subsequent   evaluations   or
  inspections  required  by  the  commission.  The  fee for such temporary
  working permit shall be established by the commission pursuant to rule.
2023 New York Laws › GBS - General Business › Article 41 - Combative Sports › 1012 - Temporary Training Facilities.

§  1012. Temporary training facilities. The commission in its judgment
  may exempt from licensing  under  this  article  any  training  facility
  providing  contact  sparring  established  and maintained on a temporary
  basis  for  the  purpose  of  preparing  professionals  for  a  specific
  authorized  combative  sport  to  be conducted, held or given within the
  state of New York.
2023 New York Laws › GBS - General Business › Article 41 - Combative Sports › 1014 - Regulation of Authorized Professional Combative Sports.

§  1014.  Regulation  of authorized professional combative sports. The
  commission  shall  promulgate  regulations  governing  the  conduct   of
  authorized professional combative sports that:
1.  establish  parameters  and  limitations  on weights and classes of
  professionals;
2. establish parameters and limitations on the number and duration  of
  rounds;
3.  establish  the requirements for the presence of medical equipment,
  medical personnel,  an  ambulance,  other  emergency  apparatus  and  an
  emergency medical plan;
4.  establish  responsibilities  of  all  licensees before, during and
  after an event;
5. define unsportsmanlike practices;
6. establish conditions for the forfeiture of any prize,  remuneration
  or  purse,  or  any  part thereof based on the conduct of professionals,
  their managers and seconds;
7.  establish  parameters  and  standards  for  required  and  allowed
  equipment items utilized by professionals;
8.  establish  parameters and standards for rings, combat surfaces and
  appurtenances thereto; and
9. establish such other rules  and  conditions  as  are  necessary  to
  effectuate the commission's purpose.
2023 New York Laws › GBS - General Business › Article 41 - Combative Sports › 1016 - Required Filings.

§ 1016. Required filings. 1. The organization that promotes, sanctions
  or  otherwise participates in the proposition, selection, or arrangement
  of one or more professionals for a contest must file with the commission
  a written statement executed under penalty of perjury  stating  (a)  all
  charges,  expenses,  fees,  and  costs that will be assessed against any
  professional participating in the event;  (b)  all  payments,  benefits,
  complimentary  benefits and fees the organization or entity will receive
  for its affiliation with the event; (c) the name of  the  promoter;  (d)
  sponsor  of  the  event;  and  (e) all other sources, and such other and
  additional information as  required  by  the  commission.  Such  written
  statement  shall  be  filed  in  a  form  and  manner  acceptable to the
  commission.
2. The promoter, organizer, producer or another that  participates  in
  the  proposition, selection, or arrangement of one or more professionals
  for a contest must file with the commission a  written  statement  under
  penalty of perjury detailing all charges, fees, costs and expenses by or
  through  the  promoter  on  the  professional  pertaining  to the event,
  including any portion of the professional's purse that the promoter will
  receive and training expenses and all payments, gifts  or  benefits  the
  promoter  is  providing  to any sanctioning organization affiliated with
  the event. Such written statement shall be filed in a  form  and  manner
  acceptable to the commission.
3.  The  promoter, organizer, producer or another that participates in
  the proposition, selection, or arrangement of one or more  professionals
  for  a  contest must file with the commission a copy of any agreement in
  writing  to  which  the  promoter  is  a  party  with  any  professional
  participating in the match.
4.  All  contracts  calling  for  the services of a professional in an
  authorized professional combative sport and  entered  into  by  licensed
  promoters,  professionals  or  managers as one or more of the parties in
  such contracts, including those contracts which relate to the rights  to
  distribute,  televise  or otherwise transmit any authorized professional
  combative sport over the airwaves or by cable shall be  subject  to  the
  approval  of  the  commission and copies thereof shall be filed with the
  commission  by  such  corporation,  professional   or   manager   within
  forty-eight  hours after the execution of such contract and at least ten
  business days prior to any bouts, or the first of any series  of  bouts,
  to  which they relate. The commission may waive such filing deadline for
  good cause shown.
2023 New York Laws › GBS - General Business › Article 41 - Combative Sports › 1017 - Professional Wrestling; Promoters.

§ 1017. Professional wrestling; promoters. 1. For the purposes of this
article,  "professional  wrestling"  shall  mean  an  activity  in which
participants  struggle  hand-in-hand  primarily  for  the   purpose   of
providing entertainment to spectators and which does not comprise a bona
fide athletic contest or competition.
2.  Every  person,  partnership  or  corporation promoting one or more
professional wrestling exhibitions in this state shall  be  required  to
obtain from the commission an annual license to conduct such exhibitions
subject  to  terms and conditions promulgated by the commission pursuant
to rule and consistent with the applicable provisions of  this  article.
Each  applicant  shall  pay  an annual fee established by the commission
pursuant to rule.
3. A licensed promoter of a professional wrestling exhibition  in  the
state  shall notify the athletic commission at least ten days in advance
of the holding of the exhibition. Each such promoter shall  execute  and
file  with  the  comptroller  a  bond  in an amount not less than twenty
thousand dollars to be approved as to form and sufficiency  of  sureties
thereon by the comptroller, conditioned for and guaranteeing the payment
of  professional  wrestler's purses, salaries of club employees licensed
by the commission, the legitimate expenses of printing tickets  and  all
advertising  material,  payments  to  sponsoring  organizations, and the
applicable state and local sales and compensating use tax.
4. A licensed promoter of a professional  wrestling  exhibition  shall
provide  for  a licensed physician to be present at each exhibition, and
such physician shall examine each wrestler prior  to  each  performance,
and   each  such  pre-performance  examination  shall  be  conducted  in
accordance with regulations prescribed by the commission.
5. Every licensed promoter of professional wrestling who promotes  six
or  more  exhibitions in the state in a calendar year must have in place
an anti-drug plan and file with the commission a  written  copy  of  the
plan.    Each  such plan shall address the use of a controlled substance
defined in article thirty-three of the public health law, and such  plan
shall at minimum provide for the following:
(a)  dissemination  of educational materials to professional wrestlers
who perform for any such promoter including a list of  prohibited  drugs
and available rehabilitation services; and
(b)  a  referral procedure to permit any such professional wrestler to
obtain rehabilitation services.
2023 New York Laws › GBS - General Business › Article 41 - Combative Sports › 1018 - Prohibited Conduct.

§  1018.  Prohibited  conduct. 1. No corporation or person shall have,
  either directly or indirectly, any financial interest in a  professional
  boxer  competing  on  premises  owned  or  leased  by the corporation or
  person, or in which such corporation or person is  otherwise  interested
  except pursuant to the specific written authorization of the commission.
2.  No contestant in a boxing or sparring match or exhibition shall be
  paid for services before the contest, and should it be determined by the
  commission that such contestant did not give an honest exhibition of his
  or her skill, such services shall not be paid for.
3. Any person, including any corporation and the officers thereof, any
  physician, referee, judge, timekeeper, professional, manager, trainer or
  second, who shall promote, conduct, give or participate in any  sham  or
  collusive authorized professional combative sports, shall be deprived of
  his  or  her  license  by the commission and any other appropriate legal
  remedies.
4. No licensed promoter or matchmaker  shall  knowingly  engage  in  a
  course  of  conduct  in which fights are arranged where one professional
  has  skills  or  experience  significantly  in  excess  of   the   other
  professional  so  that a mismatch results with the potential of physical
  harm to the professional.
2023 New York Laws › GBS - General Business › Article 41 - Combative Sports › 1020 - Subpoenas by Commission; Oaths.

§  1020.  Subpoenas  by  commission;  oaths. The commission shall have
  authority to issue, under the hand of its chairperson, and the  seal  of
  the  commission,  subpoenas  for  the attendance of witnesses before the
  commission. A subpoena issued under this section shall be  regulated  by
  the civil practice law and rules.
2023 New York Laws › GBS - General Business › Article 41 - Combative Sports › 1021 - Exceptions.

§  1021. Exceptions. The provisions of this article except as provided
  in subdivision twelve of section one thousand fifteen  of  this  article
  shall  not  be  construed  to apply to any sparring or boxing contest or
  exhibition conducted under the supervision or the  control  of  the  New
  York  state national guard or naval militia where all of the contestants
  are members of the active militia; nor to any such contest or exhibition
  where the contestants are all  amateurs,  sponsored  by  and  under  the
  supervision  of  any university, college, school or other institution of
  learning, recognized by the regents of the state of New York; nor to any
  business entity incorporated for the purposes of  providing  instruction
  and  evaluation  in  a  combative sport to customers for the purposes of
  health and fitness, personal development, self-defense or  participation
  in  amateur events conducted by an authorized sanctioning entity; nor to
  any such contest or exhibitions where the contestants are  all  amateurs
  sponsored   by  and  under  the  supervision  of  the  American  Olympic
  Association  or,  in  the  case  of  boxing,  the  U.S.  Amateur  Boxing
  Federation  or its local affiliates or the American Olympic Association;
  nor except as to the extent provided otherwise in this article,  to  any
  professional wrestling contest or exhibition as defined in this article.
  Any  individual,  association, corporation or club, except elementary or
  high schools or equivalent institutions of learning  recognized  by  the
  regents  of  the  state  of  New  York, who or which conducts an amateur
  contest pursuant to this section must register with the  U.  S.  Amateur
  Boxing  Federation  or  its  local affiliates and abide by its rules and
  regulations.
2023 New York Laws › GBS - General Business › Article 41 - Combative Sports › 1022 - Disposition of Receipts.

§  1022. Disposition of receipts. All receipts of the commission shall
  be paid into the state treasury, provided, however, that  receipts  from
  the tax imposed by article nineteen of the tax law shall be deposited as
  provided by section one hundred seventy-one-a of the tax law.
2023 New York Laws › GBS - General Business › Article 43 - New York State Secure Choice Savings Program › 1300 - Definitions.

§  1300.  Definitions.  All  terms shall have the same meaning as when
  used in a comparable context in the Internal Revenue Code.  As  used  in
  this article, the following terms shall have the following meanings:
1. "Board" shall mean the New York secure choice savings program board
  established under this article.
2. "Superintendent" shall mean the superintendent of the department of
  financial services.
2-a.  "Commissioner"  shall  mean  the  commissioner  of  taxation and
  finance.
2-b. "Comptroller" shall mean the comptroller of the state.
3. "Employee" shall mean any individual who is eighteen years  of  age
  or  older,  who is employed by an employer, and who earned wages working
  for an employer in New York state during a calendar year.
4. "Employer" shall mean a person or entity  engaged  in  a  business,
  industry,  profession,  trade,  or  other  enterprise in New York state,
  whether for profit or not for profit, that (i) has at all  times  during
  the previous calendar year employed at least ten employees in the state,
  (ii)  has been in business at least two years, and (iii) has not offered
  a qualified retirement plan, including,  but  not  limited  to,  a  plan
  qualified  under sections 401(a), 401(k), 403(a), 403(b), 408(k), 408(p)
  or 457(b) of the Internal Revenue Code of  1986  in  the  preceding  two
  years.
5. "Enrollee" shall mean any employee or individual who is enrolled in
  the program.
6.  "Internal  Revenue  Code"  shall mean the Internal Revenue Code of
  1986, or any successor law, in effect for the calendar year.
7. "IRA" shall mean a Roth IRA (individual retirement account).
8. "Participating employer" shall mean an  employer  that  facilitates
  access  to  the  program's payroll deduction IRA as provided for by this
  article for its employees who are enrollees in the program.
9. "Payroll deduction IRA"  shall  mean  an  arrangement  by  which  a
  participating employer facilitates access for enrollees to remit payroll
  deduction contributions to the program.
10.  "Program"  shall  mean  the  New York state secure choice savings
  program.
11. "Wages" means any  compensation  within  the  meaning  of  section
  219(f)(1)  of  the Internal Revenue Code that is received by an enrollee
  from a participating employer during the calendar year.
2023 New York Laws › GBS - General Business › Article 43 - New York State Secure Choice Savings Program › 1301 - Program Established.

§  1301. Program established. There is hereby established a retirement
  savings program in the form of an automatic enrollment payroll deduction
  IRA, known as the New York state  secure  choice  savings  program.  The
  general  administration  and  responsibility for the proper operation of
  the program shall be administered  by  the  board  for  the  purpose  of
  promoting  greater  retirement savings for private-sector employees in a
  convenient, low-cost, and portable manner. The board may  delegate  such
  authority  and  responsibility for the development and implementation of
  the program to the department of taxation and finance as the board deems
  proper.
2023 New York Laws › GBS - General Business › Article 43 - New York State Secure Choice Savings Program › 1302 - Composition of the Board.

§ 1302. Composition of the board. There is hereby created the New York
state secure choice savings program board.
1. The board shall consist of the following seven members:
(a)  the  commissioner,  or  his  or  her designee, who shall serve as
chair;
(b) the state comptroller, or his or her designee;
(c) the superintendent, or his or her designee;
(d) two public representatives with expertise  in  retirement  savings
plan  administration  or  investment,  or  both,  one  of  whom shall be
appointed by the speaker of the  assembly  and  one  of  whom  shall  be
appointed by the temporary president of the senate;
(e)  a  representative  of  participating  employers, appointed by the
governor; and
(f) a representative of enrollees, appointed by the governor.
2. Members of the board shall serve without compensation  but  may  be
reimbursed  for  necessary  travel  expenses incurred in connection with
their board duties from funds appropriated for the purpose.
3.  The  initial  appointments  shall  be  as  follows:   the   public
representatives  for  four  years;  the  representative of participating
employers for three years; and the representative of enrollees for three
years. Thereafter, all the governor's appointees shall be for  terms  of
four years.
4.  A vacancy in the term of an appointed board member shall be filled
for the balance of the unexpired term in the same manner as the original
appointment.
2023 New York Laws › GBS - General Business › Article 43 - New York State Secure Choice Savings Program › 1303 - Fiduciary Duty.

§  1303.  Fiduciary  duty.  The  board,  the individual members of the
  board, the trustees, any other agents appointed or engaged by the board,
  and all persons serving as program staff shall  discharge  their  duties
  with  respect  to  the  program  solely in the interest of the program's
  enrollees and beneficiaries as follows:
1. for the exclusive purposes of providing benefits to  enrollees  and
  beneficiaries  and  defraying  reasonable  expenses of administering the
  program;
2. by investing with the care, skill, prudence,  and  diligence  under
  the  prevailing  circumstances  that  a  prudent person acting in a like
  capacity and familiar with those matters would use in the conduct of  an
  enterprise of a like character and with like aims; and
3.  by  using  any  contributions  paid  by  employees,  and employers
  remitting employees' own contributions into the fund exclusively for the
  purpose of paying benefits to the enrollees of the program, for the cost
  of administration of the program,  and  for  investments  made  for  the
  benefit of the program.
2023 New York Laws › GBS - General Business › Article 43 - New York State Secure Choice Savings Program › 1305 - Risk Managemant.

§ 1305. Risk management. The board shall annually prepare, or cause to
  be  prepared,  and  adopt  a written statement of investment policy that
  includes a risk management and oversight program. This investment policy
  shall prohibit the board and the program from borrowing  for  investment
  purposes. The risk management and oversight program shall be designed to
  ensure  that  an effective risk management system is in place to monitor
  the risk levels of the program, to  ensure  that  the  risks  taken  are
  prudent  and  properly  managed,  to  provide  an integrated process for
  overall risk management, and to assess investment  returns  as  well  as
  risk to determine if the risks taken are adequately compensated compared
  to  applicable  performance  benchmarks  and  standards. The board shall
  consider the statement of investment  policy  and  any  changes  in  the
  investment policy at a public hearing.
2023 New York Laws › GBS - General Business › Article 43 - New York State Secure Choice Savings Program › 1306 - Financial Organizations.

§  1306.  Financial organizations. 1. The board shall engage, after an
  open bid process, a financial organization or  organizations  to  invest
  assets  of  the  program.  In  selecting  the  financial organization or
  organizations, the board shall take into consideration and  give  weight
  to  the financial organization's fees and charges in order to reduce the
  program's administrative expenses.
2. The financial organizations shall comply  with  applicable  federal
  and  state laws, rules, and regulations, as well as rules, policies, and
  guidelines promulgated  by  the  board  with  respect  to  the  program,
  including, but not limited to, the investment policy.
3.  The  financial  organization  or  organizations shall provide such
  reports as the board deems necessary  for  the  board  to  oversee  each
  financial organization's performance and the performance of the program.
2023 New York Laws › GBS - General Business › Article 43 - New York State Secure Choice Savings Program › 1307 - Investment Options.

§  1307. Investment options. 1. The board shall establish or authorize
a  default  investment  option  for  enrollees  who  fail  to  elect  an
investment  option.  In  making  such  determination,  the  board  shall
consider the cost, risk profile, benefit level and ease  of  enrollment.
The  board  may  change  the default option if the board determines that
such change is in the best interests of the enrollees.
2. The board may establish  or  authorize  any  additional  investment
options that the board deems appropriate including but not limited to:
(a) a conservative principal protection fund;
(b) a growth fund;
(c)  a  secure return fund whose primary objective is the preservation
of the safety of principal and the provision of a  stable  and  low-risk
rate  of  return; if the board elects to establish a secure return fund,
the board may procure any insurance, annuity, or other product to insure
the value of enrollees' accounts and guarantee a  rate  of  return;  the
cost  of  such funding mechanism shall be paid out of the fund; under no
circumstances  shall  the  board,  program,  fund,  the  state,  or  any
participating  employer assume any liability for investment or actuarial
risk; the board shall determine whether to establish or  authorize  such
investment  options  based upon an analysis of their cost, risk profile,
benefit level, feasibility, and ease of implementation;
(d) an annuity fund;
(e) a growth and income fund; or
(f) a life cycle fund with a target date based upon factors determined
by the board.
2023 New York Laws › GBS - General Business › Article 43 - New York State Secure Choice Savings Program › 1308 - Benefits.

§ 1308. Benefits. Interest, investment earnings, and investment losses
  shall  be  allocated to individual program accounts as authorized by the
  board pursuant to  this  article.  An  individual's  retirement  savings
  benefit under the program shall be an amount equal to the balance in the
  individual's  program account on the date the retirement savings benefit
  becomes payable. The state shall have no liability for  the  payment  of
  any benefit to any enrollee in the program.
2023 New York Laws › GBS - General Business › Article 43 - New York State Secure Choice Savings Program › 1309 - Employer and Employee Informational Materials and Disclosure Forms.

§  1309.  Employer and employee informational materials and disclosure
forms. 1. Prior to the opening of the program for enrollment, the  board
shall  design and disseminate, or cause to be designed and disseminated,
to  all  employers  employer  informational   materials   and   employee
informational  materials,  which shall include background information on
the program, and necessary disclosures as required by law for employees.
2. The employee informational materials shall  be  made  available  in
English,  Spanish, Haitian Creole, Chinese, Korean, Russian, Arabic, and
any other language the board deems necessary.
3. The employee informational materials  shall  include  a  disclosure
form.   The disclosure form shall explain, but not be limited to, all of
the following:
(a) the benefits and risks associated with making contributions to the
program;
(b) the process for making contributions to the program;
(c) how to opt out of the program;
(d) the process by which an employee can participate  in  the  program
with a level of employee contributions other than three percent;
(e)  that they are not required to participate or contribute more than
three percent;
(f) the process for withdrawal of retirement savings;
(g) the  process  for  selecting  beneficiaries  of  their  retirement
savings;
(h) how to obtain additional information about the program;
(i)  that  employees seeking financial advice should contact financial
advisors, that participating employers are not in a position to  provide
financial  advice,  and  that participating employers are not liable for
decisions employees make pursuant to this article;
(j) information on how to  access  any  available  financial  literacy
programs;
(k) that the program fund is not guaranteed by the state; and
(l) that they can opt out after they have been enrolled.
4.  The employee informational materials shall also include a form for
an employee to note his or her decision to opt out of  participation  in
the   program   or  elect  to  participate  with  a  level  of  employee
contributions other than three percent.
5. Participating employers shall  supply  the  employee  informational
materials  to  existing  employees  at  least  one  month  prior  to the
participating  employers'  facilitation  of  access  to   the   program.
Participating   employers   shall   supply  the  employee  informational
materials to new employees at the time of hiring and new  employees  may
opt out of participation in the program.
2023 New York Laws › GBS - General Business › Article 43 - New York State Secure Choice Savings Program › 1311 - Payments.

§ 1311. Payments. Employee contributions deducted by the participating
  employer   through   payroll   deduction   shall   be  remitted  by  the
  participating  employer  to  the  program  using  one  or  more  payroll
  deduction  IRAs  established  or  authorized  by  the  board  under this
  article, either:
1. on or before the last day of the month following the month in which
  the compensation otherwise would have been payable to  the  employee  in
  cash; or
2.  before such later deadline prescribed by the board for making such
  payments, but not later than  the  due  date  for  the  deposit  of  tax
  required  to  be  deducted and withheld relating to collection of income
  tax at source on wages or for the deposit of tax  required  to  be  paid
  under  the unemployment insurance system for the payroll period to which
  such payments relate.