S T A T E   O F   N E W   Y O R K
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                                  8672--B
                                                         Cal. No. 917
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 25, 2017
                                ___________
 
 Introduced  by  M.  of  A. BUCHWALD, DINOWITZ, BARRON, BARNWELL, MOSLEY,
   WALLACE, ZEBROWSKI, SIMOTAS, D'URSO, LUPARDO, THIELE, SIMON, McDONALD,
   GALEF,  JAFFEE,  GOTTFRIED,  ENGLEBRIGHT,  BRAUNSTEIN,  BRABENEC,  RA,
   GUNTHER,  SEAWRIGHT, LAWRENCE -- Multi-Sponsored by -- M. of A. GLICK,
   JEAN-PIERRE, McDONOUGH -- read once and referred to the  Committee  on
   Consumer  Affairs  and  Protection  -- recommitted to the Committee on
   Consumer Affairs and Protection in accordance with  Assembly  Rule  3,
   sec.  2  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee -- reported and referred  to
   the  Committee  on  Codes  --  advanced  to a third reading, passed by
   Assembly and delivered to the Senate, recalled from the  Senate,  vote
   reconsidered,  bill amended, ordered reprinted, retaining its place on
   the order of third reading
 
 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:
 
   Section  1.  Section  380-t of the general business law, as amended by
 chapter 279 of the laws of 2008, subdivisions (b) and (n) as  separately
 amended  by  chapter  406  of  the  laws of 2008, and subdivision (g) as
 amended by section 36 of part A of chapter 62 of the laws  of  2011,  is
 amended to read as follows:
   § 380-t.  Security  freeze. (a) A consumer may request that a security
 freeze be placed on his or her  consumer  credit  report  by  sending  a
 request  in writing with confirmation of delivery requested or via tele-
 phone, secure electronic  means,  or  other  methods  developed  by  the
 consumer  credit  reporting agency to a consumer credit reporting agency
 at an address, telephone number or secure  website  designated  by  such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13493-11-8

 A. 8672--B                          2
 
 agency  to  receive  such  requests.  Consumer credit reporting agencies
 shall have a secure website and a separately dedicated toll-free  number
 to  offer  information,  to  process  requests  and deliver the services
 provided for under this section.
   (b) A consumer credit reporting agency that receives from a consumer a
 request  in  accordance  with  subdivision  (a)  of  this section shall,
 provided such request  is  accompanied  by  proper  identification  [and
 payment  of any applicable fee], place a security freeze on the consumer
 credit report of or relating to such consumer no later than  four  busi-
 ness  days after receiving such request, provided further, however, that
 for requests received on or after January first, two thousand nine, such
 consumer credit reporting agency shall place a security  freeze  on  the
 consumer  credit  report  of  or relating to such consumer no later than
 three business days  after  receiving  such  request  and  for  requests
 received  on  or  after  January  first, two thousand ten, such consumer
 credit reporting agency shall place a security freeze  on  the  consumer
 credit report of or relating to such consumer no later than one business
 day  after  receiving such request. Nothing in this subdivision shall be
 construed to prevent a consumer credit reporting agency from advising  a
 third  party  that  a  security  freeze is in effect with respect to the
 consumer credit report of or relating  to  such  consumer.  No  consumer
 credit reporting agency shall advise in any manner a third party, of the
 fact  that  the  consumer  requesting  the  freeze is alleging to be the
 victim of domestic violence  or  identity  theft,  without  the  written
 authorization of the consumer.
   (c)  The consumer credit reporting agency shall send a written confir-
 mation of the placement of a security freeze to the consumer within five
 business days of placing such freeze. Upon placing the  security  freeze
 on  the  consumer  credit  report  of  or relating to such consumer, the
 consumer credit reporting agency  shall  provide  the  consumer  with  a
 unique personal identification number or password, or other device which
 shall  only be used by the consumer when providing authorization for the
 release of his or her consumer credit report for  a  specific  party  or
 specific  period  of  time. The unique personal identification number or
 password, or other device to be used by the  consumer  shall  not  be  a
 social  security  number or a sequential portion thereof. Any use of the
 unique personal identification number or password or other device  other
 than provided for in this section is prohibited.
   (d)  If the consumer wishes to allow his or her consumer credit report
 to be accessed for a specific party or a specific period of time while a
 freeze is in place, he or she shall contact the consumer credit  report-
 ing  agency  via  mail  with confirmation of delivery, telephone, secure
 electronic means or other  method  developed  by  such  consumer  credit
 reporting  agency  pursuant  to  subdivision (f) of this section using a
 point of contact designated by such consumer  credit  reporting  agency,
 request  that  the freeze be temporarily lifted, and provide the follow-
 ing:
   (1) proper identification;
   (2) the unique personal identification number or password provided  by
 the consumer credit reporting agency pursuant to subdivision (c) of this
 section; AND
   (3)  the  proper information regarding the party to which the consumer
 credit report should be available or  the  time  period  for  which  the
 consumer credit report shall be available to users of such report[; and
   (4) payment of any applicable fee].

 A. 8672--B                          3

   (e)  (1)  A  consumer  credit reporting agency that receives a request
 from a consumer to temporarily lift a freeze on a consumer credit report
 pursuant to subdivision (d) of  this  section,  shall  comply  with  the
 request:  (i)  no  later  than  three business days after receiving such
 request; (ii) as of September first, two thousand nine, a consumer cred-
 it  reporting  agency that receives a request via the use of a telephone
 or secure electronic method provided by the agency, pursuant to subdivi-
 sion (d) of this section, shall release a consumer's  credit  report  as
 requested  by  the  consumer within fifteen minutes after the request is
 received by the consumer credit reporting agency.
   (2) A consumer credit reporting agency is not required to  temporarily
 lift  a security freeze within the time provided in subparagraph (ii) of
 paragraph one of this subdivision if:
   (i) the consumer fails to meet the requirements of subdivision (b)  of
 this section; or
   (ii)  the  consumer  credit  reporting agency's ability to temporarily
 lift the security freeze within fifteen minutes is prevented by:
   (A) an act of God, including fire, earthquakes, hurricanes, storms, or
 similar natural disaster or phenomena;
   (B) unauthorized or illegal acts by a third party,  including  terror-
 ism,  sabotage,  riot,  vandalism,  labor strikes or disputes disrupting
 operations, or similar occurrence;
   (C) operational interruption, including electrical  failure,  unantic-
 ipated  delay  in equipment or replacement part delivery, computer hard-
 ware  or  software  failures  inhibiting  response  time,   or   similar
 disruption;
   (D)  governmental  action,  including emergency orders or regulations,
 judicial or law enforcement action, or similar directives;
   (E) regularly scheduled maintenance, during other than normal business
 hours, of, or updates to, the consumer reporting agency's systems; or
   (F) commercially reasonable maintenance of, or repair to, the consumer
 reporting agency's systems that is unexpected or unscheduled.
   (f) A consumer credit reporting agency may develop procedures  involv-
 ing  other  secure  methods  of  communication, including the use of the
 internet, or other electronic media to receive  and  process  a  request
 from a consumer to temporarily lift a freeze on a consumer credit report
 pursuant to subdivision (d) of this section in an expedited manner.
   (g)  The  department  of  state  shall monitor the state of technology
 relating to the means available to process requests for the  lifting  or
 removal  of  a security freeze, and shall report to the legislature when
 it is determined that the technology to process requests for the lifting
 or removal of a security freeze in a shorter period of  time  than  that
 set forth in subdivision (e) of this section is available.
   (h)  A  consumer  credit  reporting agency shall remove or temporarily
 lift a freeze placed on the consumer credit report of or relating  to  a
 consumer only in the following cases:
   (1)  upon consumer request, pursuant to subdivision (d) or (k) of this
 section; or
   (2) if the consumer credit report of or relating to such consumer  was
 frozen due to a material misrepresentation of fact by the consumer. If a
 consumer  credit  reporting  agency  intends  to  remove a freeze upon a
 consumer credit report pursuant to this paragraph, the  consumer  credit
 reporting  agency  shall  notify the consumer in writing, by first class
 mail, within three business days prior to removing the  freeze  on  such
 consumer credit report.

 A. 8672--B                          4
 
   (i)  If  a  third party requests access to a consumer credit report on
 which a security freeze is in effect, and this request is in  connection
 with  an  application for credit or any other use, and the consumer does
 not allow his or her consumer credit report  to  be  accessed  for  that
 period of time, the third party may treat the application as incomplete.
   (j)  If  a  consumer  requests  a security freeze, the consumer credit
 reporting agency shall disclose the process of placing  and  temporarily
 lifting  a  freeze,  and  the process for allowing access to information
 from such consumer credit report for a specific party  or  a  period  of
 time while the freeze is in place.
   (k)  (1)  A  security  freeze shall remain in place until the consumer
 requests, using a point of contact designated  by  the  consumer  credit
 reporting  agency,  that the security freeze be removed and provides the
 following:
   (i) proper identification; AND
   (ii) the unique personal identification number or password or  similar
 device  provided  by  the  consumer  credit reporting agency pursuant to
 subdivision (c) of this section[; and
   (iii) a fee, if applicable].
   (2) A consumer credit reporting agency shall remove a security  freeze
 within  three  business days of receiving a request for removal from the
 consumer pursuant to paragraph one of this subdivision.
   (l) A consumer credit reporting agency shall require proper  identifi-
 cation  of  the  person  making  a request to place or remove a security
 freeze.
   (m) The provisions of this section do  not  apply  to  the  use  of  a
 consumer credit report by any of the following:
   (1)  a  person or entity, or a subsidiary, affiliate, or agent of that
 person or entity, or an assignee of a financial obligation owing by  the
 consumer to that person or entity, or a prospective assignee of a finan-
 cial  obligation  owing  by  the  consumer  to  that person or entity in
 conjunction with the proposed purchase of the financial obligation, with
 which the consumer  has  or  had  prior  to  assignment  an  account  or
 contract,  including  a  demand deposit account, or to whom the consumer
 issued a negotiable  instrument,  for  the  purposes  of  reviewing  the
 account  or  collecting  the financial obligation owing for the account,
 contract, or negotiable instrument.  For  purposes  of  this  paragraph,
 "reviewing  the  account" includes activities related to account mainte-
 nance, monitoring, credit  line  increases,  and  account  upgrades  and
 enhancements;
   (2)  a subsidiary, affiliate, agent, assignee, or prospective assignee
 of a person to whom access has been granted for purposes of facilitating
 the extension of credit or other permissible use;
   (3) any state or local agency, law enforcement agency, court,  private
 collection  agency, or person acting pursuant to a court order, warrant,
 or subpoena;
   (4) a child support agency acting pursuant to title iv-d of the social
 security act (42 U.S.C. et seq.);
   (5) the state or its political subdivisions or its agents  or  assigns
 acting  to  investigate fraud or acting to investigate or collect delin-
 quent taxes or unpaid court orders or to fulfill any of its other statu-
 tory responsibilities provided such responsibilities are consistent with
 a permissible purpose under 15 U.S.C. section 1681b;
   (6) the use of credit information for the purposes of prescreening  as
 provided for by the federal fair credit reporting act;

 A. 8672--B                          5
 
   (7)  any  person  or  entity  administering  a  credit file monitoring
 subscription or similar service to which the consumer has subscribed; or
   (8)  any person or entity for the purpose of providing a consumer with
 a copy of his or her consumer credit report or score upon the request of
 such consumer.
   (n) [(1) (i) No consumer credit reporting agency shall charge a fee to
 a victim of identity theft who submits a copy of a signed federal  trade
 commission  ID  theft victim's affidavit, or a report of ID theft from a
 law enforcement agency to such consumer credit reporting agency.
   (ii) No consumer credit reporting agency  shall  charge  a  fee  to  a
 domestic  violence  victim  who  has  submitted  to such consumer credit
 reporting agency:
   (A) a valid domestic violence incident report form  as  such  term  is
 defined  in subdivision fifteen of section eight hundred thirty-seven of
 the executive law;
   (B) a valid police report;
   (C) a valid order of protection; or
   (D) a signed affidavit from a licensed medical or mental  health  care
 provider,  employee  of  a  court  acting within the scope of his or her
 employment, social worker, a rape crisis counselor as defined in section
 forty-five hundred ten of the civil practice law and rules, or  advocate
 acting on behalf of an agency that assists domestic violence victims.
   For  the  purposes  of  this  subdivision, the term "domestic violence
 victim" means an individual who is a victim  of  a  family  offense,  as
 described in subdivision one of section 530.11 of the criminal procedure
 law,  or an offense committed by a member of such individual's immediate
 family, as defined in subdivision four of section 120.40  of  the  penal
 law.
   (2)  No  consumer  credit  reporting  agency  shall  charge a fee to a
 consumer requesting the placement of a security freeze when such consum-
 er has not previously requested the placement of a security freeze  from
 such  consumer  credit reporting agency. Except as provided for in para-
 graph one of this subdivision, a consumer credit  reporting  agency  may
 charge  a consumer a fee not to exceed five dollars for the placement of
 a second or subsequent freeze or for the removal  of  a  freeze  or  the
 temporary lift of a freeze for a specific party or period of time or for
 the issuance of a replacement personal identification number or password
 when  the consumer fails to retain the personal identification number or
 password provided to such consumer by  such  consumer  credit  reporting
 agency  pursuant to subdivision (c) of this section.] NO CONSUMER CREDIT
 REPORTING AGENCY SHALL CHARGE A FEE TO ANY CONSUMER FOR THE PLACEMENT OF
 ANY SECURITY FREEZE, THE REMOVAL OF ANY SECURITY FREEZE,  THE  TEMPORARY
 LIFT  OF  ANY SECURITY FREEZE FOR A SPECIFIC PARTY OR PERIOD OF TIME, OR
 THE ISSUANCE OF ANY REPLACEMENT PERSONAL IDENTIFICATION NUMBER OR  PASS-
 WORD  WHEN  THE  CONSUMER  FAILS  TO  RETAIN THE PERSONAL IDENTIFICATION
 NUMBER OR PASSWORD PROVIDED TO SUCH CONSUMER  BY  SUCH  CONSUMER  CREDIT
 REPORTING AGENCY PURSUANT TO SUBDIVISION (C) OF THIS SECTION.
   (o)  If  a  security  freeze  is in place, a consumer credit reporting
 agency shall not change any of the following official information  in  a
 consumer  credit  report  without  sending a written confirmation of the
 change to the consumer within thirty days of the change being posted  to
 the  file  of  or relating to such consumer: name, date of birth, social
 security number, and address. Written confirmation is not  required  for
 technical  modifications  of  the official information of or relating to
 such consumer, including name and street abbreviations, complete  spell-
 ings,  or transposition of numbers or letters. In the case of an address

 A. 8672--B                          6
 
 change, the written confirmation shall be sent to both the  new  address
 and to the former address.
   (p) The following entities are not required to place a security freeze
 on a consumer credit report:
   (1) a consumer credit reporting agency that acts only as a reseller of
 credit  information  by  assembling and merging information contained in
 the data base of another consumer credit reporting  agency  or  multiple
 consumer  credit  reporting  agencies, and does not maintain a permanent
 data base of credit information from which new consumer  credit  reports
 are  produced.  However,  a consumer credit reporting agency acting as a
 reseller shall honor any security freeze placed  on  a  consumer  credit
 report by another consumer credit reporting agency;
   (2)  a  check  services  or  fraud  prevention services company, which
 issues reports on incidents of fraud or authorizations for  the  purpose
 of  approving  or  processing  negotiable  instruments, electronic funds
 transfers, or similar methods of payments; or
   (3) a  deposit  account  information  service  company,  which  issues
 reports regarding account closures due to fraud, substantial overdrafts,
 ATM  abuse,  or  similar  negative  information regarding a consumer, to
 inquiring banks or other financial institutions for use only in  review-
 ing  a  consumer  request for a deposit account at the inquiring bank or
 financial institution.
   (q) (1) Any time a consumer credit reporting  agency  is  required  to
 send  a  summary  of rights required under 15 U.S.C. section 1681g, to a
 consumer residing in this state the following notice shall  be  included
 with such summary of rights:
   "NEW YORK CONSUMERS HAVE THE RIGHT TO OBTAIN A SECURITY FREEZE.
   YOU  HAVE  A RIGHT TO PLACE A "SECURITY FREEZE" ON YOUR CREDIT REPORT,
 WHICH WILL PROHIBIT A CONSUMER CREDIT REPORTING  AGENCY  FROM  RELEASING
 INFORMATION IN YOUR CREDIT REPORT WITHOUT YOUR EXPRESS AUTHORIZATION.  A
 CONSUMER  CREDIT  REPORTING AGENCY IS PROHIBITED FROM CHARGING YOU A FEE
 FOR THE PLACEMENT, REMOVAL, OR TEMPORARY LIFT OF A SECURITY  FREEZE,  OR
 FOR  THE  ISSUANCE OF A REPLACEMENT PERSONAL IDENTIFICATION NUMBER (PIN)
 OR PASSWORD IN THE EVENT THAT YOU FAIL TO RETAIN  THE  ORIGINAL  PIN  OR
 PASSWORD  PROVIDED  TO  YOU  BY SUCH CONSUMER CREDIT REPORTING AGENCY. A
 SECURITY FREEZE MUST  BE  REQUESTED  IN  WRITING  DELIVERY  CONFIRMATION
 REQUESTED  OR  VIA  TELEPHONE, SECURE ELECTRONIC MEANS, OR OTHER METHODS
 DEVELOPED BY THE CONSUMER CREDIT REPORTING AGENCY. THE  SECURITY  FREEZE
 IS  DESIGNED  TO PREVENT CREDIT, LOANS, AND SERVICES FROM BEING APPROVED
 IN YOUR NAME WITHOUT YOUR CONSENT. HOWEVER, YOU  SHOULD  BE  AWARE  THAT
 USING  A  SECURITY  FREEZE  TO  TAKE CONTROL OVER WHO GETS ACCESS TO THE
 PERSONAL AND FINANCIAL INFORMATION IN  YOUR  CREDIT  REPORT  MAY  DELAY,
 INTERFERE  WITH,  OR  PROHIBIT  THE  TIMELY  APPROVAL  OF ANY SUBSEQUENT
 REQUEST OR APPLICATION YOU MAKE REGARDING A NEW LOAN, CREDIT,  MORTGAGE,
 GOVERNMENT  SERVICES OR PAYMENTS, INSURANCE, RENTAL HOUSING, EMPLOYMENT,
 INVESTMENT,  LICENSE,  CELLULAR  PHONE,  UTILITIES,  DIGITAL  SIGNATURE,
 INTERNET CREDIT CARD TRANSACTION, OR OTHER SERVICES, INCLUDING AN EXTEN-
 SION  OF  CREDIT  AT  POINT OF SALE. WHEN YOU PLACE A SECURITY FREEZE ON
 YOUR CREDIT REPORT, YOU  WILL  BE  PROVIDED  A  PERSONAL  IDENTIFICATION
 NUMBER  OR  PASSWORD  TO  USE IF YOU CHOOSE TO REMOVE THE FREEZE ON YOUR
 CREDIT REPORT OR AUTHORIZE THE  RELEASE  OF  YOUR  CREDIT  REPORT  TO  A
 SPECIFIC  PARTY OR FOR A PERIOD OF TIME AFTER THE FREEZE IS IN PLACE. TO
 PROVIDE THAT AUTHORIZATION YOU MUST CONTACT THE CONSUMER CREDIT  REPORT-
 ING AGENCY AND PROVIDE ALL OF THE FOLLOWING:
   (1) THE PERSONAL IDENTIFICATION NUMBER OR PASSWORD;
   (2) PROPER IDENTIFICATION TO VERIFY YOUR IDENTITY; AND

 A. 8672--B                          7
 
   (3)  THE  PROPER INFORMATION REGARDING THE PARTY OR PARTIES WHO ARE TO
 RECEIVE THE CREDIT REPORT OR THE PERIOD OF TIME  FOR  WHICH  THE  REPORT
 SHALL BE AVAILABLE TO USERS OF THE CREDIT REPORT[; AND
   (4) PAYMENT OF ANY APPLICABLE FEE].
   A  CONSUMER CREDIT REPORTING AGENCY MUST AUTHORIZE THE RELEASE OF YOUR
 CREDIT REPORT NO LATER THAN THREE  BUSINESS  DAYS  AFTER  RECEIVING  THE
 ABOVE  INFORMATION.  EFFECTIVE  SEPTEMBER  FIRST,  TWO  THOUSAND NINE, A
 CONSUMER CREDIT REPORTING AGENCY THAT RECEIVES A REQUEST  VIA  TELEPHONE
 OR  SECURE  ELECTRONIC  METHOD  SHALL RELEASE A CONSUMER'S CREDIT REPORT
 WITHIN FIFTEEN MINUTES WHEN THE REQUEST IS RECEIVED.
   A SECURITY FREEZE DOES NOT APPLY TO CIRCUMSTANCES IN WHICH YOU HAVE AN
 EXISTING ACCOUNT RELATIONSHIP AND A COPY OF YOUR REPORT IS REQUESTED  BY
 YOUR  EXISTING CREDITOR OR ITS AGENTS OR AFFILIATES FOR CERTAIN TYPES OF
 ACCOUNT REVIEW, COLLECTION, FRAUD CONTROL OR SIMILAR ACTIVITIES.
   IF YOU ARE ACTIVELY SEEKING CREDIT, YOU  SHOULD  UNDERSTAND  THAT  THE
 PROCEDURES  INVOLVED IN LIFTING A SECURITY FREEZE MAY SLOW YOUR APPLICA-
 TION FOR CREDIT. YOU  SHOULD  PLAN  AHEAD  AND  LIFT  A  FREEZE,  EITHER
 COMPLETELY  IF  YOU  ARE  SHOPPING AROUND, OR SPECIFICALLY FOR A CERTAIN
 CREDITOR, BEFORE APPLYING FOR NEW CREDIT. WHEN SEEKING CREDIT OR  PURSU-
 ING  ANOTHER  TRANSACTION  REQUIRING ACCESS TO YOUR CREDIT REPORT, IT IS
 NOT NECESSARY TO RELINQUISH YOUR PIN OR  PASSWORD  TO  THE  CREDITOR  OR
 BUSINESS; YOU CAN CONTACT THE CONSUMER CREDIT REPORTING AGENCY DIRECTLY.
 IF  YOU CHOOSE TO GIVE OUT YOUR PIN OR PASSWORD TO THE CREDITOR OR BUSI-
 NESS, IT IS RECOMMENDED THAT YOU OBTAIN A NEW PIN OR PASSWORD  FROM  THE
 CONSUMER CREDIT REPORTING AGENCY."
   (2)  If  a consumer requests information about a security freeze, such
 consumer shall be provided with the notice set forth in paragraph one of
 this subdivision and with any  other  information  necessary  to  place,
 temporarily  lift  or  permanently lift a security freeze, including but
 not limited to the address, telephone number  or  point  of  contact  at
 which the consumer credit reporting agency receives such requests.
   (r)  When  a  consumer  credit reporting agency erroneously releases a
 consumer credit report subject to a security freeze or  any  information
 contained  in such consumer credit report, the consumer credit reporting
 agency shall send written notification to the affected  consumer  within
 three  business days following discovery or notification of such errone-
 ous release. Such notification shall also inform  the  consumer  of  the
 nature  of  the  information  released  and identify and provide contact
 information for the recipient of such  information  or  consumer  credit
 report.
   (s)  Whenever  there shall be a violation of this section, application
 may be made by the attorney general in the name of  the  people  of  the
 state of New York to a court or justice having jurisdiction by a special
 proceeding  to  issue an injunction, and upon notice to the defendant of
 not less than five days, to enjoin and restrain the continuance of  such
 violations;  and  if it shall appear to the satisfaction of the court or
 justice that the defendant has,  in  fact,  violated  this  section,  an
 injunction  may  be  issued  by  such  court  or  justice, enjoining and
 restraining any further violation,  without  requiring  proof  that  any
 person  has,  in  fact,  been  injured  or  damaged thereby. In any such
 proceeding, the court may make allowances to  the  attorney  general  as
 provided  in  paragraph  six  of subdivision (a) of section eighty-three
 hundred three of the civil practice law and rules, and  direct  restitu-
 tion.  Whenever  the  court  shall  determine  that  a violation of this
 section has occurred, the court may impose a civil penalty of  not  more
 than  five  thousand  dollars for each violation. In connection with any

 A. 8672--B                          8
 
 such proposed application, the attorney general is  authorized  to  take
 proof  and  make  a  determination  of  the  relevant facts and to issue
 subpoenas in accordance with the civil practice law and rules.
   §  2.  Paragraph  (g-1) of subdivision 2 of section 65.10 of the penal
 law is REPEALED.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.