§ 94-a. Consumer protection division. 1. Legislative declaration. The\nlegislature hereby finds and declares that the consumption of goods and\nservices is an economic activity that affects the life of every citizen.\nThe legislature further finds that unscrupulous and questionable\nbusiness practices are detrimental to the economic well-being of the\ncitizens of this state. In order to protect the people of New York state\nfrom economic harm the legislature finds that it is appropriate that the\nresponsibilities of the consumer protection board be consolidated into a\nnew consumer protection division under the supervision of the secretary.\n 2. Consumer protection division. (a) The secretary shall establish a\nconsumer protection division in the department.\n (b) The secretary is authorized to establish within the consumer\nprotection division one or more units and assign appropriate functions\nto any such unit and may appoint such staff as necessary and prescribe\ntheir duties and fix their compensation within the appropriation\nprovided by law.\n (c) The secretary shall establish a public education and outreach\ncampaign to publicize the consumer protection division so as to maximize\npublic awareness of, and the services provided by, such division.\n 3. Powers of the consumer protection division. (a) The division shall\nhave the power and duty to:\n (1) receive complaints of consumers, attempt to mediate such\ncomplaints where appropriate, and refer complaints to the appropriate\nunit of the department, or federal, state or local agency authorized by\nlaw for appropriate action on such complaints;\n (2) coordinate the activities of all state agencies performing\nconsumer protection functions;\n (3) initiate and encourage consumer education programs;\n (4) conduct investigations, research, studies and analyses of matters\naffecting the interests of consumers;\n (5) cooperate with and assist the attorney general and the department\nof financial services in the carrying out of legal enforcement\nresponsibilities for the protection of consumers;\n (6) implement other powers and duties by regulation and otherwise as\nprescribed by any provision of law;\n (7) (i) advise and make recommendations to the governor on matters\naffecting the consumers of the state and promote and encourage the\nprotection of the legitimate interests of consumers within the state;\n (ii) study the operation of consumer protection laws and recommend to\nthe governor new laws and amendments of laws for consumer protection;\n (8) represent the interests of consumers of the state before federal,\nstate and local administrative and regulatory agencies;\n (9) establish a process by which victims of identity theft will\nreceive assistance and information to resolve complaints. To implement\nthe process the secretary shall have the authority to:\n (i) promulgate rules and regulations to administer the identity theft\nprevention and mitigation program; and\n (ii) act as a liaison between the victim and any state agency, public\nauthority, or any municipal department or agency, the division of state\npolice, and county or municipal police departments, and any\nnon-governmental entity, including but not limited to, consumer credit\nreporting agencies, to facilitate the victim obtaining such assistance\nand data as will enable the program to carry out its duties to help\nconsumers resolve the problems that have resulted from the identity\ntheft. Trade secrets and proprietary business information contained in\nthe documents or records that may be received by the division shall be\nexempt from disclosure to the extent allowed by article six of the\npublic officers law;\n (10) undertake activities to encourage business and industry to\nmaintain high standards of honesty, fair business practices, and public\nresponsibility in the production, promotion and sale of consumer goods\nand services;\n (11) conduct product research and testing and, where app
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