S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6418
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 19, 2023
                                ___________
 
 Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology
 
 AN ACT to amend the general business  law  and  the  executive  law,  in
   relation  to the regulation of social media companies and social media
   platforms

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new article
 9-D to read as follows:
                                 ARTICLE 9-D
                   NEW YORK SOCIAL MEDIA REGULATION ACT
 SECTION 149-C. DEFINITIONS.
         149-D. AGE  REQUIREMENTS  FOR  USE  OF  SOCIAL  MEDIA  PLATFORM;
                  PARENTAL CONSENT.
         149-E. PROHIBITIONS ON DATA COLLECTION FOR CERTAIN ACCOUNTS.
         149-F. PARENTAL ACCESS TO SOCIAL MEDIA ACCOUNT.
         149-G. LIMITED HOURS OF ACCESS FOR MINORS; PARENTAL  ACCESS  AND
                  OPTIONS.
         149-H. ENFORCEMENT.
         149-I. PRIVATE RIGHT OF ACTION.
   §  149-C.  DEFINITIONS.  AS  USED IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "ACCOUNT HOLDER" MEANS A PERSON WHO HAS, OR OPENS,  AN  ACCOUNT  OR
 PROFILE TO USE A SOCIAL MEDIA COMPANY'S PLATFORM.
   2.  "DIVISION"  MEANS  THE  CONSUMER  PROTECTION  DIVISION ESTABLISHED
 PURSUANT TO SECTION NINETY-FOUR-A OF THE EXECUTIVE LAW.
   3. "EDUCATIONAL ENTITY" MEANS A PUBLIC SCHOOL, A LOCAL EDUCATION AGEN-
 CY, A CHARTER SCHOOL, A PRIVATE SCHOOL, A DENOMINATIONAL SCHOOL, A PARO-
 CHIAL SCHOOL, A COMMUNITY COLLEGE, A STATE UNIVERSITY, A CITY  UNIVERSI-
 TY, OR A NONPROFIT PRIVATE POSTSECONDARY EDUCATIONAL INSTITUTION.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10823-01-3
 S. 6418                             2
              

 
   4.  (A)  "INTERACTIVE  COMPUTER SERVICE" MEANS AN INFORMATION SERVICE,
 INFORMATION SYSTEM, OR INFORMATION ACCESS SOFTWARE PROVIDER THAT:
   (I) PROVIDES OR ENABLES COMPUTER ACCESS BY MULTIPLE USERS TO A COMPUT-
 ER SERVER; AND
   (II) PROVIDES ACCESS TO THE INTERNET.
   (B) "INTERACTIVE COMPUTER SERVICE" SHALL INCLUDE:
   (I) A WEB SERVICE;
   (II) A WEB SYSTEM;
   (III) A WEBSITE;
   (IV) A WEB APPLICATION; OR
   (V) A WEB PORTAL.
   5.  "MINOR" MEANS AN INDIVIDUAL WHO IS UNDER THE AGE OF EIGHTEEN YEARS
 OLD AND:
   (A) HAS NOT BEEN EMANCIPATED; OR
   (B) HAS NOT BEEN MARRIED.
   6. "POST" MEANS CONTENT THAT AN ACCOUNT HOLDER MAKES  AVAILABLE  ON  A
 SOCIAL MEDIA PLATFORM FOR OTHER ACCOUNT HOLDERS OR USERS TO VIEW.
   7. "SOCIAL MEDIA COMPANY" MEANS A PERSON OR ENTITY THAT:
   (A)  PROVIDES  A  SOCIAL MEDIA PLATFORM THAT HAS AT LEAST FIVE MILLION
 ACCOUNT HOLDERS WORLDWIDE; AND
   (B) IS AN INTERACTIVE COMPUTER SERVICE.
   8. (A) "SOCIAL MEDIA PLATFORM" MEANS AN ONLINE  FORUM  THAT  A  SOCIAL
 MEDIA COMPANY MAKES AVAILABLE FOR AN ACCOUNT HOLDER TO:
   (I) CREATE A PROFILE;
   (II) UPLOAD POSTS;
   (III) VIEW THE POSTS OF OTHER ACCOUNT HOLDERS; AND
   (IV) INTERACT WITH OTHER ACCOUNT HOLDERS OR USERS.
   (B)  "SOCIAL  MEDIA  PLATFORM"  SHALL  NOT  INCLUDE AN ONLINE SERVICE,
 WEBSITE, OR APPLICATION:
   (I) WHERE THE PREDOMINANT OR EXCLUSIVE FUNCTION IS:
   (A) ELECTRONIC MAIL;
   (B) DIRECT MESSAGING CONSISTING OF TEXT, PHOTOS, OR  VIDEOS  THAT  ARE
 SENT  BETWEEN  DEVICES  BY  ELECTRONIC  MEANS, WHERE MESSAGES ARE SHARED
 BETWEEN THE RECIPIENT, ONLY VISIBLE TO THE SENDER AND THE RECIPIENT  AND
 ARE NOT POSTED PUBLICLY;
   (C) A STREAMING SERVICE THAT PROVIDES ONLY LICENSED MEDIA IN A CONTIN-
 UOUS  FLOW FROM THE SERVICE, WEBSITE, OR APPLICATION TO THE END USER AND
 DOES NOT OBTAIN A LICENSE TO THE MEDIA FROM A USER OR ACCOUNT HOLDER  BY
 AGREEMENT TO ITS TERMS OF SERVICE;
   (D)  NEWS, SPORTS, ENTERTAINMENT, OR OTHER CONTENT THAT IS PRESELECTED
 BY THE PROVIDER AND NOT USER GENERATED, AND ANY CHAT, COMMENT, OR INTER-
 ACTIVE FUNCTIONALITY THAT IS PROVIDED INCIDENTAL  TO,  DIRECTLY  RELATED
 TO, OR DEPENDENT UPON PROVISION OF THE CONTENT;
   (E) ONLINE SHOPPING OR E-COMMERCE, IF THE INTERACTION WITH OTHER USERS
 OR  ACCOUNT HOLDERS IS GENERALLY LIMITED TO THE ABILITY TO UPLOAD A POST
 AND COMMENT ON REVIEWS, THE ABILITY TO DISPLAY LISTS OR  COLLECTIONS  OF
 GOODS  FOR  SALE  OR  WISH  LISTS OR OTHER FUNCTIONS THAT ARE FOCUSED ON
 ONLINE SHOPPING OR ELECTRONIC COMMERCE RATHER THAN  INTERACTION  BETWEEN
 USERS OR ACCOUNT HOLDERS;
   (F)  INTERACTIVE  GAMING,  VIRTUAL  GAMING, OR AN ONLINE SERVICE, THAT
 ALLOWS THE CREATION AND UPLOADING OF CONTENT FOR THE PURPOSE OF INTERAC-
 TIVE GAMING, EDUTAINMENT, OR ASSOCIATED ENTERTAINMENT, AND THE  COMMUNI-
 CATION RELATED TO THAT CONTENT;
   (G) PHOTO EDITING THAT HAS AN ASSOCIATED PHOTO HOSTING SERVICE, IF THE
 INTERACTION  WITH OTHER USERS OR ACCOUNT HOLDERS IS GENERALLY LIMITED TO
 LIKING OR COMMENTING;
 S. 6418                             3
 
   (H) A PROFESSIONAL CREATIVE NETWORK  FOR  SHOWCASING  AND  DISCOVERING
 ARTISTIC CONTENT, IF THE CONTENT IS REQUIRED TO BE NON-PORNOGRAPHIC;
   (I)  SINGLE-PURPOSE  COMMUNITY  GROUPS FOR PUBLIC SAFETY IF THE INTER-
 ACTION WITH OTHER USERS OR ACCOUNT HOLDERS IS GENERALLY LIMITED TO  THAT
 SINGLE  PURPOSE  AND  THE  COMMUNITY  GROUP  HAS  GUIDELINES OR POLICIES
 AGAINST ILLEGAL CONTENT;
   (J) PROVIDING CAREER DEVELOPMENT OPPORTUNITIES, INCLUDING PROFESSIONAL
 NETWORKING, JOB SKILLS, LEARNING CERTIFICATIONS,  AND  JOB  POSTING  AND
 APPLICATION SERVICES;
   (K) BUSINESS TO BUSINESS SOFTWARE;
   (L) A TELECONFERENCING OR VIDEOCONFERENCING SERVICE THAT ALLOWS RECEP-
 TION  AND TRANSMISSION OF AUDIO AND VIDEO SIGNALS FOR REAL TIME COMMUNI-
 CATION;
   (M) CLOUD STORAGE;
   (N) SHARED DOCUMENT COLLABORATION;
   (O) CLOUD COMPUTING SERVICES, WHICH  MAY  INCLUDE  CLOUD  STORAGE  AND
 SHARED DOCUMENT COLLABORATION;
   (P)  PROVIDING  ACCESS TO OR INTERACTING WITH DATA VISUALIZATION PLAT-
 FORMS, LIBRARIES, OR HUBS;
   (Q) TO PERMIT COMMENTS ON A DIGITAL NEWS WEBSITE, IF THE NEWS  CONTENT
 IS POSTED ONLY BY THE PROVIDER OF THE DIGITAL NEWS WEBSITE;
   (R)  PROVIDING OR OBTAINING TECHNICAL SUPPORT FOR A PLATFORM, PRODUCT,
 OR SERVICE;
   (S) ACADEMIC OR SCHOLARLY RESEARCH; OR
   (T) GENEALOGICAL RESEARCH;
   (II) WHERE THE MAJORITY OF THE CONTENT THAT IS POSTED  OR  CREATED  IS
 POSTED  OR  CREATED  BY  THE PROVIDER OF THE ONLINE SERVICE, WEBSITE, OR
 APPLICATION AND THE ABILITY TO CHAT, COMMENT,  OR  INTERACT  WITH  OTHER
 USERS IS DIRECTLY RELATED TO THE PROVIDER'S CONTENT;
   (III)  THAT  IS  A CLASSIFIED AD SERVICE THAT ONLY PERMITS THE SALE OF
 GOODS AND PROHIBITS THE SOLICITATION OF PERSONAL SERVICES; OR
   (IV) THAT IS USED BY AND UNDER THE DIRECTION OF AN EDUCATIONAL ENTITY,
 INCLUDING BUT NOT LIMITED TO:
   (A) A LEARNING MANAGEMENT SYSTEM;
   (B) A STUDENT ENGAGEMENT PROGRAM; AND
   (C) A SUBJECT OR SKILL-SPECIFIC PROGRAM.
   9. "USER" MEANS A PERSON WHO HAS ACCESS TO VIEW ALL, OR SOME  OF,  THE
 POSTS ON A SOCIAL MEDIA PLATFORM, BUT IS NOT AN ACCOUNT HOLDER.
   10.  "NEW  YORK STATE ACCOUNT HOLDER" MEANS A PERSON WHO IS A RESIDENT
 OF THE STATE OF NEW YORK AND AN ACCOUNT HOLDER, AND SHALL INCLUDE A  NEW
 YORK STATE MINOR ACCOUNT HOLDER.
   11.  "NEW  YORK  STATE  MINOR ACCOUNT HOLDER" MEANS A NEW YORK ACCOUNT
 HOLDER WHO IS A MINOR.
   § 149-D. AGE REQUIREMENTS FOR USE OF SOCIAL MEDIA  PLATFORM;  PARENTAL
 CONSENT. 1. A SOCIAL MEDIA COMPANY MAY NOT PERMIT A NEW YORK STATE RESI-
 DENT  WHO IS A MINOR TO BE AN ACCOUNT HOLDER ON SUCH SOCIAL MEDIA COMPA-
 NY'S SOCIAL MEDIA PLATFORM UNLESS SUCH NEW YORK STATE RESIDENT  HAS  THE
 EXPRESS CONSENT OF A PARENT OR GUARDIAN.
   2.  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, A SOCIAL
 MEDIA COMPANY MAY NOT PERMIT A NEW YORK STATE RESIDENT WHO IS A MINOR TO
 HOLD OR OPEN AN ACCOUNT ON A SOCIAL MEDIA  PLATFORM  IF  SUCH  MINOR  IS
 INELIGIBLE TO HOLD OR OPEN AN ACCOUNT UNDER ANY OTHER PROVISION OF STATE
 OR FEDERAL LAW.
   3. (A) BEGINNING MARCH FIRST, TWO THOUSAND TWENTY-FOUR, A SOCIAL MEDIA
 COMPANY  SHALL  VERIFY  THE  AGE  OF  AN  EXISTING OR NEW NEW YORK STATE
 ACCOUNT HOLDER AND, IF THE EXISTING OR NEW ACCOUNT HOLDER  IS  A  MINOR,
 S. 6418                             4
 
 CONFIRM  THAT SUCH MINOR HAS CONSENT AS REQUIRED PURSUANT TO SUBDIVISION
 ONE OF THIS SECTION FOR:
   (I)  A NEW ACCOUNT, AT THE TIME SUCH NEW YORK STATE RESIDENT OPENS THE
 ACCOUNT; OR
   (II) A NEW YORK STATE ACCOUNT HOLDER WHO HAS NOT PROVIDED AGE  VERIFI-
 CATION  AS REQUIRED UNDER THIS SECTION, WITHIN FOURTEEN CALENDAR DAYS OF
 THE NEW YORK STATE ACCOUNT HOLDER'S ATTEMPT TO ACCESS THE ACCOUNT.
   (B) IF A NEW YORK STATE ACCOUNT HOLDER FAILS TO MEET THE  VERIFICATION
 REQUIREMENTS OF THIS SECTION WITHIN THE REQUIRED TIME PERIOD, THE SOCIAL
 MEDIA COMPANY SHALL DENY ACCESS TO THE ACCOUNT:
   (I) UPON THE EXPIRATION OF THE REQUIRED TIME PERIOD; AND
   (II) UNTIL ALL VERIFICATION REQUIREMENTS ARE MET.
   4.  IN ACCORDANCE WITH SECTION NINETY-FOUR-A OF THE EXECUTIVE LAW, THE
 DIVISION SHALL MAKE RULES TO:
   (A) ESTABLISH PROCESSES OR MEANS BY WHICH A SOCIAL MEDIA  COMPANY  MAY
 MEET THE AGE VERIFICATION REQUIREMENTS OF THIS ARTICLE;
   (B) ESTABLISH ACCEPTABLE FORMS OR METHODS OF IDENTIFICATION, WHICH MAY
 INCLUDE  BUT  NOT  BE LIMITED TO A VALID IDENTIFICATION CARD ISSUED BY A
 GOVERNMENT ENTITY;
   (C) ESTABLISH REQUIREMENTS FOR PROVIDING CONFIRMATION OF  THE  RECEIPT
 OF ANY INFORMATION PROVIDED BY A PERSON SEEKING TO VERIFY AGE UNDER THIS
 ARTICLE;
   (D)  ESTABLISH PROCESSES OR MEANS TO CONFIRM THAT A PARENT OR GUARDIAN
 HAS PROVIDED CONSENT FOR THE MINOR TO OPEN OR USE AN ACCOUNT AS REQUIRED
 UNDER THIS SECTION;
   (E) ESTABLISH REQUIREMENTS FOR  RETAINING,  PROTECTING,  AND  SECURELY
 DISPOSING  OF  ANY INFORMATION OBTAINED BY A SOCIAL MEDIA COMPANY OR ITS
 AGENT AS A RESULT OF COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE;
   (F) REQUIRE THAT INFORMATION OBTAINED BY A SOCIAL MEDIA COMPANY OR ITS
 AGENT IN ORDER TO COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE ARE  ONLY
 RETAINED FOR THE PURPOSE OF COMPLIANCE AND MAY NOT BE USED FOR ANY OTHER
 PURPOSE;
   (G)  IF THE DIVISION PERMITS AN AGENT TO PROCESS VERIFICATION REQUIRE-
 MENTS REQUIRED BY THIS SECTION, REQUIRE THAT SUCH AGENT HAVE ITS PRINCI-
 PAL PLACE OF BUSINESS IN THE UNITED STATES OF AMERICA;
   (H) REQUIRE OTHER APPLICABLE STATE AGENCIES TO COMPLY WITH  ANY  RULES
 PROMULGATED UNDER THE AUTHORITY OF THIS SECTION; AND
   (I) ENSURE THAT THE RULES ARE CONSISTENT WITH STATE AND FEDERAL LAW.
   §  149-E. PROHIBITIONS ON DATA COLLECTION FOR CERTAIN ACCOUNTS. BEGIN-
 NING MARCH FIRST, TWO THOUSAND TWENTY-FOUR, A SOCIAL MEDIA COMPANY,  FOR
 A  SOCIAL  MEDIA PLATFORM ACCOUNT HELD BY A NEW YORK STATE MINOR ACCOUNT
 HOLDER:
   1. SHALL PROHIBIT DIRECT MESSAGING BETWEEN THE ACCOUNT AND  ANY  OTHER
 USER THAT IS NOT LINKED TO THE ACCOUNT THROUGH FRIENDING;
   2. MAY NOT SHOW THE ACCOUNT IN SEARCH RESULTS FOR ANY USER THAT IS NOT
 LINKED TO THE ACCOUNT THROUGH FRIENDING;
   3. SHALL PROHIBIT THE DISPLAY OF ANY ADVERTISING IN THE ACCOUNT;
   4.  SHALL  NOT COLLECT OR USE ANY PERSONAL INFORMATION FROM THE POSTS,
 CONTENT, MESSAGES, TEXT, OR USAGE ACTIVITIES OF THE ACCOUNT  OTHER  THAN
 INFORMATION  THAT  IS NECESSARY TO COMPLY WITH, AND TO VERIFY COMPLIANCE
 WITH, STATE OR FEDERAL LAW, WHICH INFORMATION SHALL INCLUDE A PARENT  OR
 GUARDIAN'S  NAME, A BIRTH DATE, AND ANY OTHER INFORMATION REQUIRED TO BE
 SUBMITTED UNDER THIS SECTION; AND
   5. SHALL PROHIBIT THE USE OF TARGETED OR SUGGESTED  GROUPS,  SERVICES,
 PRODUCTS, POSTS, ACCOUNTS, OR USERS IN THE ACCOUNT.
 S. 6418                             5
 
   §  149-F.  PARENTAL  ACCESS  TO  SOCIAL MEDIA ACCOUNT. BEGINNING MARCH
 FIRST, TWO THOUSAND TWENTY-FOUR, A SOCIAL MEDIA COMPANY SHALL PROVIDE  A
 PARENT  OR  GUARDIAN WHO HAS GIVEN PARENTAL CONSENT FOR A NEW YORK STATE
 MINOR ACCOUNT HOLDER PURSUANT TO SECTION  ONE  HUNDRED  FORTY-NINE-D  OF
 THIS  ARTICLE WITH A PASSWORD OR OTHER MEANS FOR SUCH PARENT OR GUARDIAN
 TO ACCESS SUCH ACCOUNT, WHICH SHALL ALLOW SUCH  PARENT  OR  GUARDIAN  TO
 VIEW:
   1.  ALL  POSTS THE NEW YORK STATE MINOR ACCOUNT HOLDER MAKES UNDER THE
 SOCIAL MEDIA PLATFORM ACCOUNT; AND
   2. ALL RESPONSES AND MESSAGES SENT TO OR BY THE NEW YORK  STATE  MINOR
 ACCOUNT HOLDER IN THE SOCIAL MEDIA PLATFORM ACCOUNT.
   §  149-G.  LIMITED  HOURS  OF  ACCESS  FOR MINORS; PARENTAL ACCESS AND
 OPTIONS.  1. BEGINNING MARCH FIRST, TWO THOUSAND TWENTY-FOUR,  A  SOCIAL
 MEDIA  COMPANY SHALL PROHIBIT A NEW YORK STATE MINOR ACCOUNT HOLDER FROM
 HAVING ACCESS TO THE NEW  YORK  STATE  MINOR  ACCOUNT  HOLDER'S  ACCOUNT
 DURING  THE HOURS OF 10:30 P.M. TO 6:30 A.M., UNLESS THE ACCESS IS MODI-
 FIED ACCORDING TO ANOTHER REQUIREMENT OF THIS SECTION.
   2. TIME OF DAY UNDER THIS SECTION SHALL BE  CALCULATED  BASED  ON  THE
 INTERNET PROTOCOL ADDRESS BEING USED BY THE NEW YORK STATE MINOR ACCOUNT
 HOLDER AT THE TIME OF ATTEMPTING ACCESS.
   3. A SOCIAL MEDIA COMPANY SHALL PROVIDE OPTIONS FOR A PARENT OR GUARD-
 IAN  WITH ACCESS TO AN ACCOUNT UNDER SECTION ONE HUNDRED FORTY-NINE-F OF
 THIS ARTICLE TO:
   (A) CHANGE OR  ELIMINATE  THE  TIME-OF-DAY  RESTRICTION  DESCRIBED  IN
 SUBDIVISION ONE OF THIS SECTION; AND
   (B)  SET  A LIMIT ON THE NUMBER OF HOURS PER DAY THAT A NEW YORK STATE
 MINOR ACCOUNT HOLDER MAY USE THE ACCOUNT.
   4. A SOCIAL MEDIA COMPANY SHALL NOT PERMIT  A  NEW  YORK  STATE  MINOR
 ACCOUNT HOLDER TO CHANGE OR BYPASS RESTRICTIONS ON ACCESS AS REQUIRED BY
 THIS SECTION.
   5.  NOTWITHSTANDING  ANY  PROVISION  OF  THIS  SECTION, A SOCIAL MEDIA
 COMPANY SHALL PERMIT A PARENT OR GUARDIAN  WITH  ACCESS  TO  AN  ACCOUNT
 PURSUANT  TO  SECTION ONE HUNDRED FORTY-NINE-F OF THIS ARTICLE TO ACCESS
 THE ACCOUNT WITHOUT TIME RESTRICTIONS.
   § 149-H. ENFORCEMENT. 1. THE ATTORNEY  GENERAL,  UPON  REQUEST,  SHALL
 PROVIDE  LEGAL  ADVICE  TO,  AND ACT AS COUNSEL FOR, THE DIVISION IN THE
 EXERCISE OF THE DIVISION'S DUTIES PURSUANT TO THIS ARTICLE.
   2. (A) SUBJECT TO THE ABILITY TO CURE  AN  ALLEGED  VIOLATION  AS  SET
 FORTH IN SUBDIVISION THREE OF THIS SECTION, THE DIVISION:
   (I)  MAY  IMPOSE  AN  ADMINISTRATIVE FINE OF UP TO TWENTY-FIVE HUNDRED
 DOLLARS FOR EACH VIOLATION OF THIS ARTICLE; AND
   (II) THE DIVISION MAY BRING AN ACTION IN A COURT OF  COMPETENT  JURIS-
 DICTION TO ENFORCE ANY PROVISION OF THIS ARTICLE.
   (B) IN A COURT ACTION BROUGHT BY THE DIVISION PURSUANT TO SUBPARAGRAPH
 (II) OF PARAGRAPH (A) OF THIS SUBDIVISION, A COURT MAY:
   (I)  DECLARE  THAT  THE  ACT  IN QUESTION VIOLATES A PROVISION OF THIS
 ARTICLE;
   (II) ISSUE AN INJUNCTION FOR ANY VIOLATION OF THIS ARTICLE;
   (III) IMPOSE A CIVIL PENALTY OF UP TO TWENTY-FIVE HUNDRED DOLLARS  FOR
 EACH VIOLATION OF THIS ARTICLE;
   (IV) AWARD ACTUAL DAMAGES TO AN INJURED PARTY; AND
   (V)  AWARD ANY OTHER RELIEF THAT THE COURT DEEMS REASONABLE AND NECES-
 SARY.
   3. (A) AT LEAST THIRTY DAYS BEFORE  THE  DAY  ON  WHICH  THE  DIVISION
 INITIATES  AN ENFORCEMENT ACTION AGAINST A PERSON THAT IS SUBJECT TO THE
 S. 6418                             6
 
 REQUIREMENTS OF THIS ARTICLE, THE DIVISION  SHALL  PROVIDE  SUCH  PERSON
 WITH:
   (I) WRITTEN NOTICE THAT IDENTIFIES EACH ALLEGED VIOLATION; AND
   (II) AN EXPLANATION OF THE BASIS FOR EACH ALLEGATION;
   (B) EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, THE DIVI-
 SION MAY NOT INITIATE AN ACTION IF THE PERSON:
   (I) CURES THE NOTICED VIOLATION OR VIOLATIONS WITHIN THIRTY DAYS AFTER
 THE  DAY  WHICH SUCH PERSON RECEIVES NOTICE PURSUANT TO PARAGRAPH (A) OF
 THIS SUBDIVISION; AND
   (II) PROVIDES THE DIVISION WITH A WRITTEN STATEMENT THAT  STATES  THAT
 SUCH  PERSON  HAS  CURED  THE  VIOLATION  OR  VIOLATIONS  AND NO FURTHER
 VIOLATION WILL OCCUR.
   (C) THE DIVISION MAY INITIATE A CIVIL ACTION AGAINST A PERSON THAT:
   (I) FAILS TO CURE A VIOLATION AFTER RECEIVING THE NOTICE  PURSUANT  TO
 PARAGRAPH (A) OF THIS SUBDIVISION; OR
   (II)  AFTER  CURING A NOTICED VIOLATION AND PROVIDING A WRITTEN STATE-
 MENT IN ACCORDANCE WITH  PARAGRAPH  (B)  OF  THIS  SUBDIVISION,  COMMITS
 ANOTHER VIOLATION OF THE SAME PROVISION.
   4.  IF A COURT OF COMPETENT JURISDICTION GRANTS JUDGMENT OR INJUNCTIVE
 RELIEF TO THE DIVISION, THE COURT SHALL AWARD THE DIVISION:
   (A) REASONABLE ATTORNEYS' FEES;
   (B) COURT COSTS; AND
   (C) INVESTIGATIVE FEES.
   5. (A) A PERSON WHO VIOLATES AN ADMINISTRATIVE OR COURT  ORDER  ISSUED
 FOR  A  VIOLATION OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY OF
 NO MORE THAN FIVE THOUSAND DOLLARS FOR EACH VIOLATION.
   (B) A CIVIL PENALTY AUTHORIZED UNDER THIS SECTION MAY  BE  IMPOSED  IN
 ANY  CIVIL ACTION BROUGHT BY THE DIVISION, OR BY THE ATTORNEY GENERAL ON
 BEHALF OF THE DIVISION.
   6. ALL MONEY RECEIVED FOR THE PAYMENT  OF  A  FINE  OR  CIVIL  PENALTY
 IMPOSED  UNDER  THIS  SECTION  SHALL  BE  DEPOSITED  INTO  THE  CONSUMER
 PROTECTION ACCOUNT ESTABLISHED PURSUANT TO SECTION  NINETY-SEVEN-WWW  OF
 THE STATE FINANCE LAW.
   §  149-I.  PRIVATE  RIGHT  OF  ACTION. 1. A PERSON MAY BRING AN ACTION
 AGAINST A PERSON THAT DOES NOT COMPLY WITH THE PROVISIONS OF THIS  ARTI-
 CLE IN A COURT OF COMPETENT JURISDICTION.
   2.  IF  A  COURT  FINDS THAT A PERSON HAS VIOLATED A PROVISION OF THIS
 ARTICLE, THE PERSON WHO BRINGS AN ACTION UNDER  THIS  SECTION  SHALL  BE
 ENTITLED TO:
   (A) AN AWARD OF REASONABLE ATTORNEYS' FEES AND COURT COSTS; AND
   (B) AN AMOUNT EQUAL TO THE GREATER OF:
   (I) TWENTY-FIVE HUNDRED DOLLARS PER EACH INCIDENT OF VIOLATION; OR
   (II)  ACTUAL  DAMAGES  FOR  FINANCIAL,  PHYSICAL,  AND  EMOTIONAL HARM
 INCURRED BY THE PERSON BRINGING THE ACTION, IF THE COURT DETERMINES THAT
 THE HARM IS A DIRECT CONSEQUENCE OF THE VIOLATION OR VIOLATIONS.
   § 2. Subparagraphs 15 and 16 of paragraph  (a)  of  subdivision  3  of
 section  94-a  of  the  executive  law,  subparagraph  15 as amended and
 subparagraph 16 as added by chapter 374 of the laws of 2022, are amended
 and a new subparagraph 17 is added to read as follows:
   (15) create an internet website or webpage pursuant to  section  three
 hundred  ninety-c  of the general business law, as added by chapter five
 hundred nine of the laws of two thousand seven; [and]
   (16) exercise such powers and duties granted to the secretary by arti-
 cle sixteen of the energy law as the secretary  may  direct,  including,
 but  not  limited  to: consult with such president of the New York state
 energy research and development authority in  connection  with  investi-
 S. 6418                             7
 
 gations  conducted  by such president pursuant to article sixteen of the
 energy law; make determinations relating to compliance by products  with
 the  standards  adopted  pursuant  to article sixteen of the energy law;
 order  the  immediate  cessation  of any distribution, sale or offer for
 sale, import, or installation of any product that  does  not  meet  such
 standards; and impose civil penalties as contemplated by article sixteen
 of the energy law[.]; AND
   (17)  EXERCISE SUCH POWERS AND DUTIES GRANTED TO THE DIVISION BY ARTI-
 CLE NINE-D OF THE GENERAL BUSINESS LAW  AS  THE  SECRETARY  MAY  DIRECT,
 INCLUDING, BUT NOT LIMITED TO:
   (I)  RECEIVING  CONSUMER  COMPLAINTS  ALLEGING  A VIOLATION OF ARTICLE
 NINE-D OF THE GENERAL BUSINESS LAW; AND
   (II)  INVESTIGATING  CONSUMER  COMPLAINTS  TO  DETERMINE   WHETHER   A
 VIOLATION OF ARTICLE NINE-D OF THE GENERAL BUSINESS LAW HAS OCCURRED.
   §  3. Subdivision 5 of section 94-a of the executive law is amended by
 adding a new paragraph (c) to read as follows:
   (C) NO LATER THAN ONE YEAR FROM THE EFFECTIVE DATE  OF  THIS  SECTION,
 AND  ANNUALLY  THEREAFTER,  THE SECRETARY SHALL FURNISH TO THE GOVERNOR,
 THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE  A
 REPORT:
   (I)  EVALUATING  THE  LIABILITY  AND ENFORCEMENT PROVISIONS OF ARTICLE
 NINE-D OF THE GENERAL BUSINESS LAW, INCLUDING THE EFFECTIVENESS  OF  THE
 CONSUMER  PROTECTION DIVISION'S EFFORTS TO ENFORCE ARTICLE NINE-D OF THE
 GENERAL BUSINESS LAW;
   (II) SUMMARIZING THE CONSUMER INTERACTIONS THAT ARE PROTECTED AND  NOT
 PROTECTED  BY  ARTICLE  NINE-D  OF THE GENERAL BUSINESS LAW, INCLUDING A
 LIST  OF  ALLEGED  VIOLATIONS  THE  CONSUMER  PROTECTION  DIVISION   HAS
 RECEIVED; AND
   (III) AN ACCOUNTING OF:
   (1)  ALL ADMINISTRATIVE FINES AND CIVIL PENALTIES ASSESSED UNDER ARTI-
 CLE NINE-D OF THE GENERAL BUSINESS LAW DURING THE YEAR;
   (2) ALL ADMINISTRATIVE FINES AND CIVIL PENALTIES COLLECTED UNDER ARTI-
 CLE NINE-D OF THE GENERAL BUSINESS LAW DURING THE YEAR; AND
   (3) SUMMARIZING HOW FUNDS RECEIVED  FROM  FINES  AND  PENALTIES  UNDER
 ARTICLE  NINE-D  OF  THE  GENERAL  BUSINESS  LAW THAT WERE PLACED IN THE
 CONSUMER PROTECTION ACCOUNT ESTABLISHED PURSUANT TO SECTION  NINETY-SEV-
 EN-WWW OF THE STATE FINANCE LAW WERE USED.
   § 4. Severability. If any item, clause, sentence, subparagraph, subdi-
 vision, section or other part of this act, or the application thereof to
 any  person  or circumstances shall be held to  be invalid, such holding
 shall not affect, impair or invalidate the remainder of this act, or the
 application of such section or part of a section held  invalid,  to  any
 other  person or circumstances, but shall be confined  in  its operation
 to the item, clause, sentence,  subparagraph,  subdivision,  section  or
 other  part  of  this  act  directly involved in such holding, or to the
 person and circumstances therein involved.
   § 5. This act shall take effect December  31,  2023.  Effective  imme-
 diately,  the  addition,  amendment,  and/or repeal of any rule or regu-
 lation necessary for the implementation of this  act  on  its  effective
 date are authorized to be made and completed on or before such effective
 date.