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S06886 Summary:

S06886 Actions:

S06886 Committee Votes:

S06886 Floor Votes:

S06886 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6886--D
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                   September 25, 2017
                                       ___________
 
        Introduced by Sens. FUNKE, JACOBS -- read twice and ordered printed, and
          when  printed  to  be committed to the Committee on Rules -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  --  recommitted  to  the  Committee  on  Consumer
          Protection  in  accordance  with  Senate  Rule  6, sec. 8 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered
          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to amend the general business law,  in  relation  to  prohibiting
          consumer  credit reporting agencies from charging a fee for the place-
          ment, removal, or temporary lift of a security freeze  on  a  consumer
          credit  report;  and  to  repeal  paragraph  (g-1) of subdivision 2 of
          section 65.10 of the penal law relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  380-t of the general business law, as amended by
     2  chapter 279 of the laws of 2008, subdivisions (b) and (n) as  separately
     3  amended  by  chapter  406  of  the  laws of 2008, and subdivision (g) as
     4  amended by section 36 of part A of chapter 62 of the laws  of  2011,  is
     5  amended to read as follows:
     6    § 380-t.  Security  freeze. (a) A consumer may request that a security
     7  freeze be placed on his or her  consumer  credit  report  by  sending  a
     8  request  in writing with confirmation of delivery requested or via tele-
     9  phone, secure electronic  means,  or  other  methods  developed  by  the
    10  consumer  credit  reporting agency to a consumer credit reporting agency
    11  at an address, telephone number or secure  website  designated  by  such
    12  agency  to  receive  such  requests.  Consumer credit reporting agencies
    13  shall have a secure website and a separately dedicated toll-free  number

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13493-10-8
        S. 6886--D                          2
 
     1  to  offer  information,  to  process  requests  and deliver the services
     2  provided for under this section.
     3    (b) A consumer credit reporting agency that receives from a consumer a
     4  request  in  accordance  with  subdivision  (a)  of  this section shall,
     5  provided such request  is  accompanied  by  proper  identification  [and
     6  payment  of any applicable fee], place a security freeze on the consumer
     7  credit report of or relating to such consumer no later than  four  busi-
     8  ness  days after receiving such request, provided further, however, that
     9  for requests received on or after January first, two thousand nine, such
    10  consumer credit reporting agency shall place a security  freeze  on  the
    11  consumer  credit  report  of  or relating to such consumer no later than
    12  three business days  after  receiving  such  request  and  for  requests
    13  received  on  or  after  January  first, two thousand ten, such consumer
    14  credit reporting agency shall place a security freeze  on  the  consumer
    15  credit report of or relating to such consumer no later than one business
    16  day  after  receiving such request. Nothing in this subdivision shall be
    17  construed to prevent a consumer credit reporting agency from advising  a
    18  third  party  that  a  security  freeze is in effect with respect to the
    19  consumer credit report of or relating  to  such  consumer.  No  consumer
    20  credit reporting agency shall advise in any manner a third party, of the
    21  fact  that  the  consumer  requesting  the  freeze is alleging to be the
    22  victim of domestic violence  or  identity  theft,  without  the  written
    23  authorization of the consumer.
    24    (c)  The consumer credit reporting agency shall send a written confir-
    25  mation of the placement of a security freeze to the consumer within five
    26  business days of placing such freeze. Upon placing the  security  freeze
    27  on  the  consumer  credit  report  of  or relating to such consumer, the
    28  consumer credit reporting agency  shall  provide  the  consumer  with  a
    29  unique personal identification number or password, or other device which
    30  shall  only be used by the consumer when providing authorization for the
    31  release of his or her consumer credit report for  a  specific  party  or
    32  specific  period  of  time. The unique personal identification number or
    33  password, or other device to be used by the  consumer  shall  not  be  a
    34  social  security  number or a sequential portion thereof. Any use of the
    35  unique personal identification number or password or other device  other
    36  than provided for in this section is prohibited.
    37    (d)  If the consumer wishes to allow his or her consumer credit report
    38  to be accessed for a specific party or a specific period of time while a
    39  freeze is in place, he or she shall contact the consumer credit  report-
    40  ing  agency  via  mail  with confirmation of delivery, telephone, secure
    41  electronic means or other  method  developed  by  such  consumer  credit
    42  reporting  agency  pursuant  to  subdivision (f) of this section using a
    43  point of contact designated by such consumer  credit  reporting  agency,
    44  request  that  the freeze be temporarily lifted, and provide the follow-
    45  ing:
    46    (1) proper identification;
    47    (2) the unique personal identification number or password provided  by
    48  the consumer credit reporting agency pursuant to subdivision (c) of this
    49  section; and
    50    (3)  the  proper information regarding the party to which the consumer
    51  credit report should be available or  the  time  period  for  which  the
    52  consumer credit report shall be available to users of such report[; and
    53    (4) payment of any applicable fee].
    54    (e)  (1)  A  consumer  credit reporting agency that receives a request
    55  from a consumer to temporarily lift a freeze on a consumer credit report
    56  pursuant to subdivision (d) of  this  section,  shall  comply  with  the
        S. 6886--D                          3
 
     1  request:  (i)  no  later  than  three business days after receiving such
     2  request; (ii) as of September first, two thousand nine, a consumer cred-
     3  it reporting agency that receives a request via the use of  a  telephone
     4  or secure electronic method provided by the agency, pursuant to subdivi-
     5  sion  (d)  of  this section, shall release a consumer's credit report as
     6  requested by the consumer within fifteen minutes after  the  request  is
     7  received by the consumer credit reporting agency.
     8    (2)  A consumer credit reporting agency is not required to temporarily
     9  lift a security freeze within the time provided in subparagraph (ii)  of
    10  paragraph one of this subdivision if:
    11    (i)  the consumer fails to meet the requirements of subdivision (b) of
    12  this section; or
    13    (ii) the consumer credit reporting  agency's  ability  to  temporarily
    14  lift the security freeze within fifteen minutes is prevented by:
    15    (A) an act of God, including fire, earthquakes, hurricanes, storms, or
    16  similar natural disaster or phenomena;
    17    (B)  unauthorized  or illegal acts by a third party, including terror-
    18  ism, sabotage, riot, vandalism, labor  strikes  or  disputes  disrupting
    19  operations, or similar occurrence;
    20    (C)  operational  interruption, including electrical failure, unantic-
    21  ipated delay in equipment or replacement part delivery,  computer  hard-
    22  ware   or   software  failures  inhibiting  response  time,  or  similar
    23  disruption;
    24    (D) governmental action, including emergency  orders  or  regulations,
    25  judicial or law enforcement action, or similar directives;
    26    (E) regularly scheduled maintenance, during other than normal business
    27  hours, of, or updates to, the consumer reporting agency's systems; or
    28    (F) commercially reasonable maintenance of, or repair to, the consumer
    29  reporting agency's systems that is unexpected or unscheduled.
    30    (f)  A consumer credit reporting agency may develop procedures involv-
    31  ing other secure methods of communication,  including  the  use  of  the
    32  internet,  or  other  electronic  media to receive and process a request
    33  from a consumer to temporarily lift a freeze on a consumer credit report
    34  pursuant to subdivision (d) of this section in an expedited manner.
    35    (g) The department of state shall  monitor  the  state  of  technology
    36  relating  to  the means available to process requests for the lifting or
    37  removal of a security freeze, and shall report to the  legislature  when
    38  it is determined that the technology to process requests for the lifting
    39  or  removal  of  a security freeze in a shorter period of time than that
    40  set forth in subdivision (e) of this section is available.
    41    (h) A consumer credit reporting agency  shall  remove  or  temporarily
    42  lift  a  freeze placed on the consumer credit report of or relating to a
    43  consumer only in the following cases:
    44    (1) upon consumer request, pursuant to subdivision (d) or (k) of  this
    45  section; or
    46    (2)  if the consumer credit report of or relating to such consumer was
    47  frozen due to a material misrepresentation of fact by the consumer. If a
    48  consumer credit reporting agency intends  to  remove  a  freeze  upon  a
    49  consumer  credit  report pursuant to this paragraph, the consumer credit
    50  reporting agency shall notify the consumer in writing,  by  first  class
    51  mail,  within  three  business days prior to removing the freeze on such
    52  consumer credit report.
    53    (i) If a third party requests access to a consumer  credit  report  on
    54  which  a security freeze is in effect, and this request is in connection
    55  with an application for credit or any other use, and the  consumer  does
        S. 6886--D                          4
 
     1  not  allow  his  or  her  consumer credit report to be accessed for that
     2  period of time, the third party may treat the application as incomplete.
     3    (j)  If  a  consumer  requests  a security freeze, the consumer credit
     4  reporting agency shall disclose the process of placing  and  temporarily
     5  lifting  a  freeze,  and  the process for allowing access to information
     6  from such consumer credit report for a specific party  or  a  period  of
     7  time while the freeze is in place.
     8    (k)  (1)  A  security  freeze shall remain in place until the consumer
     9  requests, using a point of contact designated  by  the  consumer  credit
    10  reporting  agency,  that the security freeze be removed and provides the
    11  following:
    12    (i) proper identification; and
    13    (ii) the unique personal identification number or password or  similar
    14  device  provided  by  the  consumer  credit reporting agency pursuant to
    15  subdivision (c) of this section[; and
    16    (iii) a fee, if applicable].
    17    (2) A consumer credit reporting agency shall remove a security  freeze
    18  within  three  business days of receiving a request for removal from the
    19  consumer pursuant to paragraph one of this subdivision.
    20    (l) A consumer credit reporting agency shall require proper  identifi-
    21  cation  of  the  person  making  a request to place or remove a security
    22  freeze.
    23    (m) The provisions of this section do  not  apply  to  the  use  of  a
    24  consumer credit report by any of the following:
    25    (1)  a  person or entity, or a subsidiary, affiliate, or agent of that
    26  person or entity, or an assignee of a financial obligation owing by  the
    27  consumer to that person or entity, or a prospective assignee of a finan-
    28  cial  obligation  owing  by  the  consumer  to  that person or entity in
    29  conjunction with the proposed purchase of the financial obligation, with
    30  which the consumer  has  or  had  prior  to  assignment  an  account  or
    31  contract,  including  a  demand deposit account, or to whom the consumer
    32  issued a negotiable  instrument,  for  the  purposes  of  reviewing  the
    33  account  or  collecting  the financial obligation owing for the account,
    34  contract, or negotiable instrument.  For  purposes  of  this  paragraph,
    35  "reviewing  the  account" includes activities related to account mainte-
    36  nance, monitoring, credit  line  increases,  and  account  upgrades  and
    37  enhancements;
    38    (2)  a subsidiary, affiliate, agent, assignee, or prospective assignee
    39  of a person to whom access has been granted for purposes of facilitating
    40  the extension of credit or other permissible use;
    41    (3) any state or local agency, law enforcement agency, court,  private
    42  collection  agency, or person acting pursuant to a court order, warrant,
    43  or subpoena;
    44    (4) a child support agency acting pursuant to title iv-d of the social
    45  security act (42 U.S.C. et seq.);
    46    (5) the state or its political subdivisions or its agents  or  assigns
    47  acting  to  investigate fraud or acting to investigate or collect delin-
    48  quent taxes or unpaid court orders or to fulfill any of its other statu-
    49  tory responsibilities provided such responsibilities are consistent with
    50  a permissible purpose under 15 U.S.C. section 1681b;
    51    (6) the use of credit information for the purposes of prescreening  as
    52  provided for by the federal fair credit reporting act;
    53    (7)  any  person  or  entity  administering  a  credit file monitoring
    54  subscription or similar service to which the consumer has subscribed; or
        S. 6886--D                          5
 
     1    (8) any person or entity for the purpose of providing a consumer  with
     2  a copy of his or her consumer credit report or score upon the request of
     3  such consumer.
     4    (n) [(1) (i) No consumer credit reporting agency shall charge a fee to
     5  a  victim of identity theft who submits a copy of a signed federal trade
     6  commission ID theft victim's affidavit, or a report of ID theft  from  a
     7  law enforcement agency to such consumer credit reporting agency.
     8    (ii)  No  consumer  credit  reporting  agency  shall charge a fee to a
     9  domestic violence victim who  has  submitted  to  such  consumer  credit
    10  reporting agency:
    11    (A)  a  valid  domestic  violence incident report form as such term is
    12  defined in subdivision fifteen of section eight hundred thirty-seven  of
    13  the executive law;
    14    (B) a valid police report;
    15    (C) a valid order of protection; or
    16    (D)  a  signed affidavit from a licensed medical or mental health care
    17  provider, employee of a court acting within the  scope  of  his  or  her
    18  employment, social worker, a rape crisis counselor as defined in section
    19  forty-five  hundred ten of the civil practice law and rules, or advocate
    20  acting on behalf of an agency that assists domestic violence victims.
    21    For the purposes of this  subdivision,  the  term  "domestic  violence
    22  victim"  means  an  individual  who  is a victim of a family offense, as
    23  described in subdivision one of section 530.11 of the criminal procedure
    24  law, or an offense committed by a member of such individual's  immediate
    25  family,  as  defined  in subdivision four of section 120.40 of the penal
    26  law.
    27    (2) No consumer credit reporting  agency  shall  charge  a  fee  to  a
    28  consumer requesting the placement of a security freeze when such consum-
    29  er  has not previously requested the placement of a security freeze from
    30  such consumer credit reporting agency. Except as provided for  in  para-
    31  graph  one  of  this subdivision, a consumer credit reporting agency may
    32  charge a consumer a fee not to exceed five dollars for the placement  of
    33  a  second  or  subsequent  freeze  or for the removal of a freeze or the
    34  temporary lift of a freeze for a specific party or period of time or for
    35  the issuance of a replacement personal identification number or password
    36  when the consumer fails to retain the personal identification number  or
    37  password  provided  to  such  consumer by such consumer credit reporting
    38  agency pursuant to subdivision (c) of this section.] No consumer  credit
    39  reporting agency shall charge a fee to any consumer for the placement of
    40  any  security  freeze, the removal of any security freeze, the temporary
    41  lift of any security freeze for a specific party or period of  time,  or
    42  the  issuance of any replacement personal identification number or pass-
    43  word when the consumer  fails  to  retain  the  personal  identification
    44  number  or  password  provided  to such consumer by such consumer credit
    45  reporting agency pursuant to subdivision (c) of this section.
    46    (o) If a security freeze is in  place,  a  consumer  credit  reporting
    47  agency  shall  not change any of the following official information in a
    48  consumer credit report without sending a  written  confirmation  of  the
    49  change  to the consumer within thirty days of the change being posted to
    50  the file of or relating to such consumer: name, date  of  birth,  social
    51  security  number,  and address. Written confirmation is not required for
    52  technical modifications of the official information of  or  relating  to
    53  such  consumer, including name and street abbreviations, complete spell-
    54  ings, or transposition of numbers or letters. In the case of an  address
    55  change,  the  written confirmation shall be sent to both the new address
    56  and to the former address.
        S. 6886--D                          6
 
     1    (p) The following entities are not required to place a security freeze
     2  on a consumer credit report:
     3    (1) a consumer credit reporting agency that acts only as a reseller of
     4  credit  information  by  assembling and merging information contained in
     5  the data base of another consumer credit reporting  agency  or  multiple
     6  consumer  credit  reporting  agencies, and does not maintain a permanent
     7  data base of credit information from which new consumer  credit  reports
     8  are  produced.  However,  a consumer credit reporting agency acting as a
     9  reseller shall honor any security freeze placed  on  a  consumer  credit
    10  report by another consumer credit reporting agency;
    11    (2)  a  check  services  or  fraud  prevention services company, which
    12  issues reports on incidents of fraud or authorizations for  the  purpose
    13  of  approving  or  processing  negotiable  instruments, electronic funds
    14  transfers, or similar methods of payments; or
    15    (3) a  deposit  account  information  service  company,  which  issues
    16  reports regarding account closures due to fraud, substantial overdrafts,
    17  ATM  abuse,  or  similar  negative  information regarding a consumer, to
    18  inquiring banks or other financial institutions for use only in  review-
    19  ing  a  consumer  request for a deposit account at the inquiring bank or
    20  financial institution.
    21    (q) (1) Any time a consumer credit reporting  agency  is  required  to
    22  send  a  summary  of rights required under 15 U.S.C. section 1681g, to a
    23  consumer residing in this state the following notice shall  be  included
    24  with such summary of rights:
    25    "NEW YORK CONSUMERS HAVE THE RIGHT TO OBTAIN A SECURITY FREEZE.
    26    YOU  HAVE  A RIGHT TO PLACE A "SECURITY FREEZE" ON YOUR CREDIT REPORT,
    27  WHICH WILL PROHIBIT A CONSUMER CREDIT REPORTING  AGENCY  FROM  RELEASING
    28  INFORMATION IN YOUR CREDIT REPORT WITHOUT YOUR EXPRESS AUTHORIZATION.  A
    29  CONSUMER  CREDIT  REPORTING AGENCY IS PROHIBITED FROM CHARGING YOU A FEE
    30  FOR THE PLACEMENT, REMOVAL, OR TEMPORARY LIFT OF A SECURITY  FREEZE,  OR
    31  FOR  THE  ISSUANCE OF A REPLACEMENT PERSONAL IDENTIFICATION NUMBER (PIN)
    32  OR PASSWORD IN THE EVENT THAT YOU FAIL TO RETAIN  THE  ORIGINAL  PIN  OR
    33  PASSWORD  PROVIDED  TO  YOU  BY SUCH CONSUMER CREDIT REPORTING AGENCY. A
    34  SECURITY FREEZE MUST  BE  REQUESTED  IN  WRITING  DELIVERY  CONFIRMATION
    35  REQUESTED  OR  VIA  TELEPHONE, SECURE ELECTRONIC MEANS, OR OTHER METHODS
    36  DEVELOPED BY THE CONSUMER CREDIT REPORTING AGENCY. THE  SECURITY  FREEZE
    37  IS  DESIGNED  TO PREVENT CREDIT, LOANS, AND SERVICES FROM BEING APPROVED
    38  IN YOUR NAME WITHOUT YOUR CONSENT. HOWEVER, YOU  SHOULD  BE  AWARE  THAT
    39  USING  A  SECURITY  FREEZE  TO  TAKE CONTROL OVER WHO GETS ACCESS TO THE
    40  PERSONAL AND FINANCIAL INFORMATION IN  YOUR  CREDIT  REPORT  MAY  DELAY,
    41  INTERFERE  WITH,  OR  PROHIBIT  THE  TIMELY  APPROVAL  OF ANY SUBSEQUENT
    42  REQUEST OR APPLICATION YOU MAKE REGARDING A NEW LOAN, CREDIT,  MORTGAGE,
    43  GOVERNMENT  SERVICES OR PAYMENTS, INSURANCE, RENTAL HOUSING, EMPLOYMENT,
    44  INVESTMENT,  LICENSE,  CELLULAR  PHONE,  UTILITIES,  DIGITAL  SIGNATURE,
    45  INTERNET CREDIT CARD TRANSACTION, OR OTHER SERVICES, INCLUDING AN EXTEN-
    46  SION  OF  CREDIT  AT  POINT OF SALE. WHEN YOU PLACE A SECURITY FREEZE ON
    47  YOUR CREDIT REPORT, YOU  WILL  BE  PROVIDED  A  PERSONAL  IDENTIFICATION
    48  NUMBER  OR  PASSWORD  TO  USE IF YOU CHOOSE TO REMOVE THE FREEZE ON YOUR
    49  CREDIT REPORT OR AUTHORIZE THE  RELEASE  OF  YOUR  CREDIT  REPORT  TO  A
    50  SPECIFIC  PARTY OR FOR A PERIOD OF TIME AFTER THE FREEZE IS IN PLACE. TO
    51  PROVIDE THAT AUTHORIZATION YOU MUST CONTACT THE CONSUMER CREDIT  REPORT-
    52  ING AGENCY AND PROVIDE ALL OF THE FOLLOWING:
    53    (1) THE PERSONAL IDENTIFICATION NUMBER OR PASSWORD;
    54    (2) PROPER IDENTIFICATION TO VERIFY YOUR IDENTITY; AND
        S. 6886--D                          7
 
     1    (3)  THE  PROPER INFORMATION REGARDING THE PARTY OR PARTIES WHO ARE TO
     2  RECEIVE THE CREDIT REPORT OR THE PERIOD OF TIME  FOR  WHICH  THE  REPORT
     3  SHALL BE AVAILABLE TO USERS OF THE CREDIT REPORT[; AND
     4    (4) PAYMENT OF ANY APPLICABLE FEE].
     5    A  CONSUMER CREDIT REPORTING AGENCY MUST AUTHORIZE THE RELEASE OF YOUR
     6  CREDIT REPORT NO LATER THAN THREE  BUSINESS  DAYS  AFTER  RECEIVING  THE
     7  ABOVE  INFORMATION.  EFFECTIVE  SEPTEMBER  FIRST,  TWO  THOUSAND NINE, A
     8  CONSUMER CREDIT REPORTING AGENCY THAT RECEIVES A REQUEST  VIA  TELEPHONE
     9  OR  SECURE  ELECTRONIC  METHOD  SHALL RELEASE A CONSUMER'S CREDIT REPORT
    10  WITHIN FIFTEEN MINUTES WHEN THE REQUEST IS RECEIVED.
    11    A SECURITY FREEZE DOES NOT APPLY TO CIRCUMSTANCES IN WHICH YOU HAVE AN
    12  EXISTING ACCOUNT RELATIONSHIP AND A COPY OF YOUR REPORT IS REQUESTED  BY
    13  YOUR  EXISTING CREDITOR OR ITS AGENTS OR AFFILIATES FOR CERTAIN TYPES OF
    14  ACCOUNT REVIEW, COLLECTION, FRAUD CONTROL OR SIMILAR ACTIVITIES.
    15    IF YOU ARE ACTIVELY SEEKING CREDIT, YOU  SHOULD  UNDERSTAND  THAT  THE
    16  PROCEDURES  INVOLVED IN LIFTING A SECURITY FREEZE MAY SLOW YOUR APPLICA-
    17  TION FOR CREDIT. YOU  SHOULD  PLAN  AHEAD  AND  LIFT  A  FREEZE,  EITHER
    18  COMPLETELY  IF  YOU  ARE  SHOPPING AROUND, OR SPECIFICALLY FOR A CERTAIN
    19  CREDITOR, BEFORE APPLYING FOR NEW CREDIT. WHEN SEEKING CREDIT OR  PURSU-
    20  ING  ANOTHER  TRANSACTION  REQUIRING ACCESS TO YOUR CREDIT REPORT, IT IS
    21  NOT NECESSARY TO RELINQUISH YOUR PIN OR  PASSWORD  TO  THE  CREDITOR  OR
    22  BUSINESS; YOU CAN CONTACT THE CONSUMER CREDIT REPORTING AGENCY DIRECTLY.
    23  IF  YOU CHOOSE TO GIVE OUT YOUR PIN OR PASSWORD TO THE CREDITOR OR BUSI-
    24  NESS, IT IS RECOMMENDED THAT YOU OBTAIN A NEW PIN OR PASSWORD  FROM  THE
    25  CONSUMER CREDIT REPORTING AGENCY."
    26    (2)  If  a consumer requests information about a security freeze, such
    27  consumer shall be provided with the notice set forth in paragraph one of
    28  this subdivision and with any  other  information  necessary  to  place,
    29  temporarily  lift  or  permanently lift a security freeze, including but
    30  not limited to the address, telephone number  or  point  of  contact  at
    31  which the consumer credit reporting agency receives such requests.
    32    (r)  When  a  consumer  credit reporting agency erroneously releases a
    33  consumer credit report subject to a security freeze or  any  information
    34  contained  in such consumer credit report, the consumer credit reporting
    35  agency shall send written notification to the affected  consumer  within
    36  three  business days following discovery or notification of such errone-
    37  ous release. Such notification shall also inform  the  consumer  of  the
    38  nature  of  the  information  released  and identify and provide contact
    39  information for the recipient of such  information  or  consumer  credit
    40  report.
    41    (s)  Whenever  there shall be a violation of this section, application
    42  may be made by the attorney general in the name of  the  people  of  the
    43  state of New York to a court or justice having jurisdiction by a special
    44  proceeding  to  issue an injunction, and upon notice to the defendant of
    45  not less than five days, to enjoin and restrain the continuance of  such
    46  violations;  and  if it shall appear to the satisfaction of the court or
    47  justice that the defendant has,  in  fact,  violated  this  section,  an
    48  injunction  may  be  issued  by  such  court  or  justice, enjoining and
    49  restraining any further violation,  without  requiring  proof  that  any
    50  person  has,  in  fact,  been  injured  or  damaged thereby. In any such
    51  proceeding, the court may make allowances to  the  attorney  general  as
    52  provided  in  paragraph  six  of subdivision (a) of section eighty-three
    53  hundred three of the civil practice law and rules, and  direct  restitu-
    54  tion.  Whenever  the  court  shall  determine  that  a violation of this
    55  section has occurred, the court may impose a civil penalty of  not  more
    56  than  five  thousand  dollars for each violation. In connection with any
        S. 6886--D                          8
 
     1  such proposed application, the attorney general is  authorized  to  take
     2  proof  and  make  a  determination  of  the  relevant facts and to issue
     3  subpoenas in accordance with the civil practice law and rules.
     4    §  2.  Paragraph  (g-1) of subdivision 2 of section 65.10 of the penal
     5  law is REPEALED.
     6    § 3. This act shall take effect on the one hundred eightieth day after
     7  it shall have become a law.