NY State Senate Bill 2021-S4281A

Senate Bill S4281A

Signed By Governor

2021-2022 Legislative Session

Requires providers of voice service to implement the STIR/SHAKEN authentication framework in the internet protocol networks of voice service providers

download bill text pdf

Archive: Last Bill Status Via A585 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 08, 2021	signed chap.585
Oct 27, 2021	delivered to governor
Jun 09, 2021	returned to assembly passed senate 3rd reading cal.849 substituted for s4281a
Jun 09, 2021	substituted by a585a
May 04, 2021	advanced to third reading
May 03, 2021	2nd report cal.
Apr 28, 2021	1st report cal.849
Mar 08, 2021	print number 4281a
Mar 08, 2021	amend and recommit to energy and telecommunications
Feb 03, 2021	referred to energy and telecommunications

Votes

- Jun 9, 2021 - Floor Vote
  A585
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 9, 2021
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Apr 14, 2021 - Energy And Telecommunications Committee Vote
  S4281A
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: Apr 14, 2021
      
      aye (9)
      
      Boyle
      
      Gaughran
      
      Harckham
      
      Hinchey
      
      Kavanagh
      
      Kennedy
      
      O'Mara
      
      Parker
      
      Ritchie

Bill Amendments

Original

A (Active)

2021-S4281 - Details

See Assembly Version of this Bill:: A585
Law Section:: General Business Law
Laws Affected:: Add §399-z-1, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:: S5926, A7759

2021-S4281 - Summary

Requires providers of voice service to implement the STIR/SHAKEN authentication framework in the internet protocol networks of voice service providers.

2021-S4281 - Sponsor Memo

                                
 
BILL NUMBER: S4281

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring
STIR/SHAKEN authentication framework

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires providers of voice service to implement the STIR/SHAKEN authen-
tication framework in the internet protocol networks of voice service
providers.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill adds a new section 399-z-1 to the general busi-
ness law to provide that voice service providers shall implement the
STIR/SHAKEN authentication framework for alternative technology that
provides comparable or superior capability to verify and authenticate
caller identification in the internet protocol networks of voice service

providers. It further sets forth penalty and enforcement provisions.

Section two provides the effective date.

 
JUSTIFICATION:

Unwanted robocalls are the top consumer complaint received by the Feder-
al Communications Commission (FCC), representing over sixty percent of
all complaints received. It is estimated that Americans received about
16.3 billion robocalls in the first five months of 2018 alone. In the
month of September 2018, roughly 4.4 billion robocalls were reported.
These numbers continue to rise and the predictions for the expected
number of robocalls in the coming year are staggering. In 2017, only
about 3.7% of all calls to cell phones were considered to be robocalls.
In 2018, that number rose to about 29% and by 2019, it is expected that
at least 45% of all calls to cell phones will be robocalls.

Many of these calls are coming from .numbers that actually do not or
cannot make outgoing calls. These types of numbers are indicative of
"spoofing" schemes wherein the true caller identity is masked behind a
fake, invalid number. There is also a common practice of consumers
receiving calls from such invalid numbers that show up as a local call
on their caller ID, prompting many to pick up only to realize it is a
robocall.

In efforts to combat this issue, on November 5, 2018 the FCC called
upon, but did not require, all voice service providers to implement the
STIR/SHAKEN authentication protocol, with a target date of 2019.  The
STIR/SHAKEN authentication protocol uses cryptography to validate that a
call is really from the number it displays, preventing bad actors from
illegally "spoofing" phone numbers. STIR/SHAKEN also makes it much easi-
er to trace illegal calls back to their source, since each hall will
have an identification assigned to it. Once the source is identified,
enforcement actions can be taken against the perpetrators.

All voice providers must implement STIR/SHAKEN in order for it to be
effective, otherwise there will be holes in the telecommunications
system that bad actors can exploit to continue to "spoof' numbers and
avoid detection. Since the FCC has not required implementation, many
small providers have not adopted it and scammers have begun to originate
calls on those providers' networks to avoid authentication and
detection. By mandating implementation of STIR/SHAKEN by all voice
providers in New York, we can prevent this.

 
PRIOR LEGISLATIVE HISTORY:

2020: S5926B (Kaminsky) died in Energy, passed Assembly.

2019: S5926 (Kaminsky) died in Energy.

 
FISCAL IMPLICATION:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S4281 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4281
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT  to  amend  the  general  business law, in relation to requiring
   STIR/SHAKEN authentication framework
 
   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 section
 399-z-1 to read as follows:
   §  399-Z-1.  STIR/SHAKEN  AUTHENTICATION FRAMEWORK. 1. AS USED IN THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "STIR/SHAKEN AUTHENTICATION FRAMEWORK" MEANS THE SECURE  TELEPHONE
 IDENTITY  REVISITED AND SIGNATURE-BASED HANDLING OF ASSERTED INFORMATION
 USING TOKENS STANDARDS PROPOSED BY THE  INFORMATION  AND  COMMUNICATIONS
 TECHNOLOGY INDUSTRY.
   (B)  "VOICE SERVICE" MEANS ANY SERVICE THAT IS INTERCONNECTED WITH THE
 PUBLIC SWITCHED TELEPHONE NETWORK  AND  THAT  FURNISHES  VOICE  COMMUNI-
 CATIONS TO AN END USER USING RESOURCES FROM THE NORTH AMERICAN NUMBERING
 PLAN  OR  ANY  SUCCESSOR TO THE NORTH AMERICAN NUMBERING PLAN ADOPTED BY
 THE PUBLIC SERVICE COMMISSION UNDER SECTION 251(E)(1)  OF  THE  COMMUNI-
 CATIONS ACT OF 1934 (47 U.S.C. 251(E)(1)); AND INCLUDES:
   I.  TRANSMISSIONS  FROM  A  TELEPHONE  FACSIMILE MACHINE, COMPUTER, OR
 OTHER DEVICE TO A TELEPHONE FACSIMILE MACHINE; AND
   II. WITHOUT LIMITATION, ANY SERVICE THAT  ENABLES  REAL-TIME,  TWO-WAY
 VOICE  COMMUNICATIONS,  INCLUDING  ANY  SERVICE  THAT  REQUIRES INTERNET
 PROTOCOL-COMPATIBLE  CUSTOMER  PREMISES  EQUIPMENT  (COMMONLY  KNOWN  AS
 "CPE")  AND  PERMITS  OUT-BOUND  CALLING,  WHETHER OR NOT THE SERVICE IS
 ONE-WAY OR TWO-WAY VOICE OVER INTERNET PROTOCOL.
   2. NOT LATER THAN TWELVE MONTHS  AFTER  THE  EFFECTIVE  DATE  OF  THIS
 SECTION, THE PUBLIC SERVICE COMMISSION SHALL REQUIRE A PROVIDER OF VOICE
 SERVICE  TO IMPLEMENT THE STIR/SHAKEN AUTHENTICATION FRAMEWORK OR ALTER-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01131-01-1

 S. 4281                             2
 
 NATIVE TECHNOLOGY THAT PROVIDES COMPARABLE  OR  SUPERIOR  CAPABILITY  TO
 VERIFY  AND  AUTHENTICATE CALLER IDENTIFICATION IN THE INTERNET PROTOCOL
 NETWORKS OF VOICE SERVICE PROVIDERS.
   3.  ANY  VOICE  SERVICE  PROVIDER  THAT KNOWINGLY FAILS OR NEGLECTS TO
 COMPLY WITH THIS SECTION, OR A RULE OR  REGULATION  ADOPTED  THEREUNDER,
 SHALL FORFEIT TO THE PEOPLE OF THE STATE OF NEW YORK A SUM NOT LESS THAN
 TEN  THOUSAND  DOLLARS  AND  NO  MORE  THAN ONE HUNDRED THOUSAND DOLLARS
 CONSTITUTING A CIVIL PENALTY FOR EACH AND EVERY OFFENSE AND, IN THE CASE
 OF A CONTINUING VIOLATION, EACH DAY  SHALL  BE  DEEMED  A  SEPARATE  AND
 DISTINCT OFFENSE.
   4. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY  BE  MADE  BY  EITHER  (A) THE ATTORNEY GENERAL IN THE   NAME OF THE
 PEOPLE OF THE STATE OF NEW YORK, OR (B) IN THE CASE OF A  VOICE  SERVICE
 PROVIDER  SUBJECT  TO THE JURISDICTION OF THE PUBLIC SERVICE COMMISSION,
 TO A COURT OR JUSTICE HAVING JURISDICTION, 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 FOR THE ENFORCEMENT  OF
 THE PENALTIES PROVIDED IN THIS SECTION.
   5.  WHEN  THE  DEPARTMENT  OF  PUBLIC  SERVICE HAS REASON TO BELIEVE A
 PERSON OR VOICE SERVICE PROVIDER HAS  VIOLATED  ANY  PROVISION  OF  THIS
 SECTION,  THE  DEPARTMENT MAY REQUEST IN WRITING THE PRODUCTION OF RELE-
 VANT DOCUMENTS AND RECORDS. IF THE PERSON UPON  WHOM  SUCH  REQUEST  WAS
 MADE  FAILS  TO  PRODUCE  THE  DOCUMENTS OR RECORDS WITHIN FOURTEEN DAYS
 AFTER THE DATE OF THE  REQUEST,  THE  DEPARTMENT  MAY  ISSUE  AND  SERVE
 SUBPOENAS TO COMPEL THE PRODUCTION OF SUCH DOCUMENTS AND RECORDS. IF ANY
 PERSON SHALL REFUSE TO COMPLY WITH A SUBPOENA ISSUED UNDER THIS SECTION,
 THE DEPARTMENT MAY PETITION A COURT OF COMPETENT JURISDICTION TO ENFORCE
 THE SUBPOENA AND, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO REQUEST
 A  CIVIL  PENALTY  NOT  TO  EXCEED  ONE THOUSAND DOLLARS PER DAY, ACTUAL
 DAMAGES SUSTAINED BY REASON OF THE FAILURE TO COMPLY, AND SUCH SANCTIONS
 AS THE COURT MAY DIRECT.
   6. THE PUBLIC SERVICE COMMISSION AND THE DEPARTMENT OF PUBLIC  SERVICE
 MAY  PROMULGATE  RULES  AND  REGULATIONS  TO  IMPLEMENT  AND ENFORCE THE
 PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect immediately.

co-Sponsors

2021-S4281A (ACTIVE) - Details

See Assembly Version of this Bill:: A585
Law Section:: General Business Law
Laws Affected:: Add §399-z-1, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:: S5926, A7759

2021-S4281A (ACTIVE) - Summary

Requires providers of voice service to implement the STIR/SHAKEN authentication framework in the internet protocol networks of voice service providers.

2021-S4281A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4281A

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring
STIR/SHAKEN authentication framework

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires providers of voice service to implement the STIR/SHAKEN authen-
tication framework in the internet protocol networks of voice service
providers.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill adds a new section 399-z-1 to the general busi-
ness law to provide that voice service providers shall implement the
STIR/SHAKEN authentication framework for alternative technology that
provides comparable or superior capability to verify and authenticate
caller identification in the internet protocol networks of voice service

providers. It further sets forth penalty and enforcement provisions.

Section two provides the effective date.

 
JUSTIFICATION:

Unwanted robocalls are the top consumer complaint received by the Feder-
al Communications Commission (FCC), representing over sixty percent of
all complaints received. It is estimated that Americans received about
16.3 billion robocalls in the first five months of 2018 alone. In the
month of September 2018, roughly 4.4 billion robocalls were reported.
These numbers continue to rise and the predictions for the expected
number of robocalls in the coming year are staggering. In 2017, only
about 3.7% of all calls to cell phones were considered to be robocalls.
In 2018, that number rose to about 29% and by 2019, it is expected that
at least 45% of all calls to cell phones will be robocalls.

Many of these calls are coming from .numbers that actually do not or
cannot make outgoing calls. These types of numbers are indicative of
"spoofing" schemes wherein the true caller identity is masked behind a
fake, invalid number. There is also a common practice of consumers
receiving calls from such invalid numbers that show up as a local call
on their caller ID, prompting many to pick up only to realize it is a
robocall.

In efforts to combat this issue, on November 5, 2018 the FCC called
upon, but did not require, all voice service providers to implement the
STIR/SHAKEN authentication protocol, with a target date of 2019.

The STIR/SHAKEN authentication protocol uses cryptography to validate
that a call is really from the number it displays, preventing bad actors
from illegally "spoofing" phone numbers. STIR/SHAKEN also makes it much
easier to trace illegal calls back to their source, since each hall will
have an identification assigned to it. Once the source is identified,
enforcement actions can be taken against the perpetrators.

All voice providers must implement STIR/SHAKEN in order for it to be
effective, otherwise there will be holes in the telecommunications
system that bad actors can exploit to continue to "spoof" numbers and
avoid detection. Since the FCC has not required implementation, many
small providers have not adopted it and scammers have begun to originate
calls on those providers' networks to avoid authentication and
detection. By mandating implementation of STIR/SHAKEN by all voice
providers in New York, we can prevent this.

 
PRIOR LEGISLATIVE HISTORY:

2020: S5926B (Kaminsky) died in Energy, passed Assembly.

2019: S5926 (Kaminsky) died in Energy.

 
FISCAL IMPLICATION:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S4281A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4281--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   STIR/SHAKEN authentication framework
 
   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 section
 399-z-1 to read as follows:
   § 399-Z-1. STIR/SHAKEN AUTHENTICATION FRAMEWORK. 1. AS  USED  IN  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "STIR/SHAKEN AUTHENTICATION FRAMEWORK" MEANS THE SECURE TELEPHONE
 IDENTITY REVISITED AND SIGNATURE-BASED HANDLING OF ASSERTED  INFORMATION
 USING  TOKENS  STANDARDS  PROPOSED BY THE INFORMATION AND COMMUNICATIONS
 TECHNOLOGY INDUSTRY.
   (B) "VOICE SERVICE" MEANS ANY SERVICE THAT IS INTERCONNECTED WITH  THE
 PUBLIC  SWITCHED  TELEPHONE  NETWORK  AND  THAT FURNISHES VOICE COMMUNI-
 CATIONS TO AN END USER USING RESOURCES FROM THE NORTH AMERICAN NUMBERING
 PLAN OR ANY SUCCESSOR TO THE NORTH AMERICAN NUMBERING  PLAN  ADOPTED  BY
 THE  PUBLIC  SERVICE  COMMISSION UNDER SECTION 251(E)(1) OF THE COMMUNI-
 CATIONS ACT OF 1934 (47 U.S.C. 251(E)(1)); AND INCLUDES:
   I. TRANSMISSIONS FROM A  TELEPHONE  FACSIMILE  MACHINE,  COMPUTER,  OR
 OTHER DEVICE TO A TELEPHONE FACSIMILE MACHINE; AND
   II.  WITHOUT  LIMITATION,  ANY SERVICE THAT ENABLES REAL-TIME, TWO-WAY
 VOICE COMMUNICATIONS,  INCLUDING  ANY  SERVICE  THAT  REQUIRES  INTERNET
 PROTOCOL-COMPATIBLE  CUSTOMER  PREMISES  EQUIPMENT  (COMMONLY  KNOWN  AS
 "CPE") AND PERMITS OUT-BOUND CALLING, WHETHER  OR  NOT  THE  SERVICE  IS
 ONE-WAY OR TWO-WAY VOICE OVER INTERNET PROTOCOL.
   2.  NOT  LATER  THAN  TWELVE  MONTHS  AFTER THE EFFECTIVE DATE OF THIS
 SECTION, THE PUBLIC SERVICE COMMISSION SHALL REQUIRE A PROVIDER OF VOICE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01131-03-1

 S. 4281--A                          2
 
 SERVICE TO IMPLEMENT THE STIR/SHAKEN AUTHENTICATION FRAMEWORK OR  ALTER-
 NATIVE  TECHNOLOGY  THAT  PROVIDES  COMPARABLE OR SUPERIOR CAPABILITY TO
 VERIFY AND AUTHENTICATE CALLER IDENTIFICATION IN THE  INTERNET  PROTOCOL
 NETWORKS OF VOICE SERVICE PROVIDERS.
   3.  (A) ANY VOICE SERVICE PROVIDER THAT KNOWINGLY FAILS OR NEGLECTS TO
 COMPLY WITH THIS SECTION, OR A RULE OR  REGULATION  ADOPTED  THEREUNDER,
 SHALL FORFEIT TO THE PEOPLE OF THE STATE OF NEW YORK A SUM NOT LESS THAN
 TEN  THOUSAND  DOLLARS  AND  NO  MORE  THAN ONE HUNDRED THOUSAND DOLLARS
 CONSTITUTING A CIVIL PENALTY FOR EACH AND EVERY OFFENSE AND, IN THE CASE
 OF A CONTINUING VIOLATION, EACH DAY  SHALL  BE  DEEMED  A  SEPARATE  AND
 DISTINCT OFFENSE.
   (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, OR REGULATION, A
 VOICE SERVICE PROVIDER SHALL BE CONSIDERED TO BE IN COMPLIANCE WITH THIS
 SECTION  AND  ANY RULE OR REGULATION ADOPTED THEREUNDER IF THAT PROVIDER
 HAS FILED A CERTIFICATION WITH  THE  FEDERAL  COMMUNICATIONS  COMMISSION
 THAT THE PROVIDER'S TRAFFIC IS EITHER SIGNED WITH STIR/SHAKEN OR SUBJECT
 TO A COMPLIANT ROBOCALL MITIGATION PROGRAM. A COPY OF SUCH CERTIFICATION
 SHALL  BE  MADE  AVAILABLE TO THE ATTORNEY GENERAL OR THE PUBLIC SERVICE
 COMMISSION, UPON REQUEST.
   4. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY BE MADE BY EITHER (A) THE ATTORNEY GENERAL  IN  THE    NAME  OF  THE
 PEOPLE  OF THE STATE OF NEW YORK, OR (B) IN THE CASE OF A  VOICE SERVICE
 PROVIDER SUBJECT TO THE JURISDICTION OF THE PUBLIC  SERVICE  COMMISSION,
 TO  A  COURT OR JUSTICE HAVING JURISDICTION, 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 FOR THE ENFORCEMENT OF
 THE PENALTIES PROVIDED IN THIS SECTION.
   5. WHEN THE DEPARTMENT OF PUBLIC  SERVICE  HAS  REASON  TO  BELIEVE  A
 PERSON  OR  VOICE  SERVICE  PROVIDER  HAS VIOLATED ANY PROVISION OF THIS
 SECTION, THE  DEPARTMENT MAY REQUEST IN WRITING THE PRODUCTION OF  RELE-
 VANT  DOCUMENTS  AND  RECORDS.  IF THE PERSON UPON WHOM SUCH REQUEST WAS
 MADE FAILS TO PRODUCE THE DOCUMENTS  OR  RECORDS  WITHIN  FOURTEEN  DAYS
 AFTER  THE  DATE  OF  THE  REQUEST,  THE  DEPARTMENT MAY ISSUE AND SERVE
 SUBPOENAS TO COMPEL THE PRODUCTION OF SUCH DOCUMENTS AND RECORDS. IF ANY
 PERSON SHALL REFUSE TO COMPLY WITH A SUBPOENA ISSUED UNDER THIS SECTION,
 THE DEPARTMENT MAY PETITION A COURT OF COMPETENT JURISDICTION TO ENFORCE
 THE SUBPOENA AND, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO REQUEST
 A CIVIL PENALTY NOT TO EXCEED  ONE  THOUSAND  DOLLARS  PER  DAY,  ACTUAL
 DAMAGES SUSTAINED BY REASON OF THE FAILURE TO COMPLY, AND SUCH SANCTIONS
 AS THE COURT MAY DIRECT.
   6.  THE PUBLIC SERVICE COMMISSION AND THE DEPARTMENT OF PUBLIC SERVICE
 MAY PROMULGATE RULES  AND  REGULATIONS  TO  IMPLEMENT  AND  ENFORCE  THE
 PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect immediately.

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