S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5221
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2017
                                ___________
 
 Introduced by M. of A. DINOWITZ, WEPRIN -- read once and referred to the
   Committee 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
 DOLLARS. Whenever the court shall determine that a violation of subdivi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03596-01-7

 A. 5221                             2
 
 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.
   § 2. This act shall take effect immediately.