S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   594

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to the termination
  of pre-recorded telephone messages

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 8 of section 399-p of the general business law,
as amended by chapter 176 of the laws of 1998, is  amended  to  read  as
follows:
  8. Whenever there shall be a violation of this section, an 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 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 prac-
tice law and rules, and direct restitution.  Whenever  the  court  shall
determine  that  a violation of PARAGRAPH (A) OF subdivision three[,] OR
SUBDIVISION four [or five] of this section has occurred, the  court  may
impose  a  civil penalty of not more than two thousand dollars per call,
up to a total of not more than twenty thousand dollars, for calls placed
in violation of such subdivisions within a continuous  seventy-two  hour
period.    WHENEVER  THE COURT SHALL DETERMINE THAT A VIOLATION OF PARA-
GRAPH (B) OF SUBDIVISION THREE OR SUBDIVISION FIVE OF THIS  SECTION  HAS
OCCURRED,  THE  COURT MAY IMPOSE A CIVIL PENALTY OF UP TO FIFTY THOUSAND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD02892-01-3

A. 594                              2

DOLLARS. Whenever the court shall determine that a violation of subdivi-
sion six of this section, or a violation of subdivision  six-a  of  this
section,  has occurred, the court may impose a civil penalty of not more
than two thousand dollars. In connection with any such proposed applica-
tion, the attorney general is authorized to take proof and make a deter-
mination of the relevant facts and to issue subpoenas in accordance with
the civil practice law and rules.
  S 2. This act shall take effect immediately.