S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    506
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
   Committee on Economic Development
 
 AN ACT to amend the general business law, in relation  to  enacting  the
   "computer spyware protection act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known  and  be  cited  as  the  "computer
 spyware protection act".
   §  2. It is the intent of the legislature to protect owners and opera-
 tors of computers in this state from the use of spyware and malware that
 is deceptively or surreptitiously installed on the owner's or the opera-
 tor's computer.
   § 3. The general business law is amended by adding a new section 399-k
 to read as follows:
   § 399-K. COMPUTER SPYWARE PROTECTION. 1.  FOR  THE  PURPOSES  OF  THIS
 SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "CAUSE  TO  BE  COPIED"  MEANS TO DISTRIBUTE OR TRANSFER COMPUTER
 SOFTWARE, OR ANY COMPONENT THEREOF. SUCH TERM SHALL NOT INCLUDE  PROVID-
 ING:
   (I)  TRANSMISSION,  ROUTING, PROVISION OF INTERMEDIATE TEMPORARY STOR-
 AGE, OR CACHING OF SOFTWARE;
   (II) A STORAGE OR HOSTING MEDIUM, SUCH AS A COMPACT DISK, WEB SITE, OR
 COMPUTER SERVER THROUGH WHICH THE SOFTWARE WAS DISTRIBUTED  BY  A  THIRD
 PARTY; OR
   (III) AN INFORMATION LOCATION TOOL, SUCH AS A DIRECTORY, INDEX, REFER-
 ENCE, POINTER, OR HYPERTEXT LINK, THROUGH WHICH THE USER OF THE COMPUTER
 LOCATED THE SOFTWARE.
   (B)  "COMPUTER  SOFTWARE"  MEANS A SEQUENCE OF INSTRUCTIONS WRITTEN IN
 ANY PROGRAMMING LANGUAGE THAT IS EXECUTED ON A COMPUTER. "COMPUTER SOFT-
 WARE" DOES NOT INCLUDE A DATA COMPONENT  OF  A  WEB  PAGE  THAT  IS  NOT
 EXECUTABLE INDEPENDENTLY OF THE WEB PAGE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04691-01-7

 A. 506                              2
 
   (C)  "COMPUTER  VIRUS"  MEANS  A  COMPUTER  PROGRAM  OR  OTHER  SET OF
 INSTRUCTIONS THAT IS DESIGNED TO DEGRADE THE PERFORMANCE OF OR DISABLE A
 COMPUTER OR COMPUTER NETWORK AND IS DESIGNED  TO  HAVE  THE  ABILITY  TO
 REPLICATE  ITSELF  ON  OTHER  COMPUTERS OR COMPUTER NETWORKS WITHOUT THE
 AUTHORIZATION OF THE OWNERS OF THOSE COMPUTERS OR COMPUTER NETWORKS.
   (D)  "DAMAGE"  MEANS  ANY  SIGNIFICANT  IMPAIRMENT TO THE INTEGRITY OR
 AVAILABILITY OF DATA, SOFTWARE, A SYSTEM, OR INFORMATION.
   (E) "EXECUTE", WHEN USED WITH RESPECT TO COMPUTER SOFTWARE, MEANS  THE
 PERFORMANCE  OF THE FUNCTIONS OR THE CARRYING OUT OF THE INSTRUCTIONS OF
 THE COMPUTER SOFTWARE.
   (F) "INTENTIONALLY DECEPTIVE" MEANS ANY OF THE FOLLOWING:
   (I) AN INTENTIONALLY AND MATERIALLY FALSE OR FRAUDULENT STATEMENT.
   (II) A STATEMENT OR DESCRIPTION THAT INTENTIONALLY OMITS OR  MISREPRE-
 SENTS MATERIAL INFORMATION IN ORDER TO DECEIVE AN OWNER OR OPERATOR OF A
 COMPUTER.
   (III)  AN  INTENTIONAL  AND MATERIAL FAILURE TO PROVIDE A NOTICE TO AN
 OWNER OR OPERATOR REGARDING THE INSTALLATION OR  EXECUTION  OF  COMPUTER
 SOFTWARE FOR THE PURPOSE OF DECEIVING THE OWNER OR OPERATOR.
   (G)  "INTERNET"  MEANS THE GLOBAL INFORMATION SYSTEM THAT IS LOGICALLY
 LINKED TOGETHER BY A GLOBALLY UNIQUE ADDRESS SPACE BASED ON THE INTERNET
 PROTOCOL (IP), OR ITS SUBSEQUENT EXTENSIONS, AND THAT IS ABLE TO SUPPORT
 COMMUNICATIONS USING THE TRANSMISSION CONTROL PROTOCOL/INTERNET PROTOCOL
 (TCP/IP) SUITE, OR ITS SUBSEQUENT  EXTENSIONS,  OR  OTHER  IP-COMPATIBLE
 PROTOCOLS, AND THAT PROVIDES, USES, OR MAKES ACCESSIBLE, EITHER PUBLICLY
 OR  PRIVATELY,  HIGH-LEVEL  SERVICES  LAYERED  ON THE COMMUNICATIONS AND
 RELATED INFRASTRUCTURE DESCRIBED IN THIS PARAGRAPH.
   (H) "OWNER OR OPERATOR" MEANS THE OWNER OR LESSEE OF A COMPUTER, OR  A
 PERSON USING SUCH COMPUTER WITH THE OWNER OR LESSEE'S AUTHORIZATION, BUT
 DOES NOT INCLUDE A PERSON WHO OWNED A COMPUTER PRIOR TO THE FIRST RETAIL
 SALE OF THE COMPUTER.
   (I)  "MESSAGE" MEANS A GRAPHICAL OR TEXT COMMUNICATION PRESENTED TO AN
 AUTHORIZED USER OF A COMPUTER.
   (J) "PERSON" MEANS ANY INDIVIDUAL, PARTNERSHIP,  CORPORATION,  LIMITED
 LIABILITY COMPANY, OR OTHER ORGANIZATION, OR ANY COMBINATION THEREOF.
   (K)  "PERSONALLY  IDENTIFIABLE INFORMATION" MEANS ANY OF THE FOLLOWING
 INFORMATION IF IT ALLOWS THE ENTITY HOLDING THE INFORMATION TO  IDENTIFY
 THE OWNER OR OPERATOR OF A COMPUTER:
   (I) THE FIRST NAME OR FIRST INITIAL IN COMBINATION WITH THE LAST NAME;
   (II) A HOME OR OTHER PHYSICAL ADDRESS INCLUDING STREET NAME;
   (III)  PERSONAL  IDENTIFICATION  CODE  IN  CONJUNCTION WITH A PASSWORD
 REQUIRED TO  ACCESS  AN  IDENTIFIED  ACCOUNT,  OTHER  THAN  A  PASSWORD,
 PERSONAL  IDENTIFICATION NUMBER OR OTHER IDENTIFICATION NUMBER TRANSMIT-
 TED BY AN AUTHORIZED USER TO THE ISSUER OF THE ACCOUNT OR ITS AGENT;
   (IV) SOCIAL  SECURITY  NUMBER,  TAX  IDENTIFICATION  NUMBER,  DRIVER'S
 LICENSE  NUMBER,  PASSPORT  NUMBER, OR ANY OTHER GOVERNMENT-ISSUED IDEN-
 TIFICATION NUMBER; OR
   (V) ACCOUNT  BALANCE,  OVERDRAFT  HISTORY,  OR  PAYMENT  HISTORY  THAT
 PERSONALLY IDENTIFIES AN OWNER OR OPERATOR OF A COMPUTER.
   2.  IT  IS  UNLAWFUL FOR A PERSON WHO IS NOT AN OWNER OR OPERATOR OF A
 COMPUTER TO CAUSE COMPUTER SOFTWARE TO BE COPIED ON SUCH COMPUTER  KNOW-
 INGLY  OR WITH CONSCIOUS AVOIDANCE OF ACTUAL KNOWLEDGE OR WILLFULLY, AND
 TO USE SUCH SOFTWARE TO DO ANY OF THE FOLLOWING:
   (A) MODIFY, THROUGH  INTENTIONALLY  DECEPTIVE  MEANS,  SETTINGS  OF  A
 COMPUTER THAT CONTROL ANY OF THE FOLLOWING:

 A. 506                              3
 
   (I)  THE  WEB  PAGE THAT APPEARS WHEN AN OWNER OR OPERATOR LAUNCHES AN
 INTERNET BROWSER OR SIMILAR COMPUTER SOFTWARE USED TO ACCESS  AND  NAVI-
 GATE THE INTERNET.
   (II)  THE DEFAULT PROVIDER OR WEB PROXY THAT AN OWNER OR OPERATOR USES
 TO ACCESS OR SEARCH THE INTERNET.
   (III) AN OWNER'S OR AN OPERATOR'S LIST OF BOOKMARKS USED TO ACCESS WEB
 PAGES.
   (B) COLLECT, THROUGH INTENTIONALLY DECEPTIVE MEANS,  PERSONALLY  IDEN-
 TIFIABLE INFORMATION THROUGH ANY OF THE FOLLOWING MEANS:
   (I)  THE  USE  OF  A  KEYSTROKE-LOGGING  FUNCTION  THAT RECORDS ALL OR
 SUBSTANTIALLY ALL KEYSTROKES MADE BY AN OWNER OR OPERATOR OF A  COMPUTER
 AND TRANSFERS THAT INFORMATION FROM THE COMPUTER TO ANOTHER PERSON;
   (II)  IN  A MANNER THAT CORRELATES PERSONALLY IDENTIFIABLE INFORMATION
 WITH DATA REGARDING ALL OR SUBSTANTIALLY ALL OF THE WEB SITES VISITED BY
 AN OWNER OR OPERATOR, OTHER  THAN  WEB  SITES  OPERATED  BY  THE  PERSON
 PROVIDING  SUCH  SOFTWARE,  IF  THE COMPUTER SOFTWARE WAS INSTALLED IN A
 MANNER DESIGNED TO CONCEAL FROM ALL AUTHORIZED USERS OF THE COMPUTER THE
 FACT THAT THE SOFTWARE IS BEING INSTALLED; OR
   (III) BY EXTRACTING FROM THE HARD DRIVE OF AN OWNER'S OR AN OPERATOR'S
 COMPUTER, AN OWNER'S OR AN OPERATOR'S SOCIAL SECURITY NUMBER, TAX  IDEN-
 TIFICATION  NUMBER,  DRIVER'S LICENCE NUMBER, PASSPORT NUMBER, ANY OTHER
 GOVERNMENT-ISSUED IDENTIFICATION NUMBER, ACCOUNT BALANCES, OR  OVERDRAFT
 HISTORY  FOR A PURPOSE UNRELATED TO ANY OF THE PURPOSES OF THIS SOFTWARE
 OR SERVICE DESCRIBED TO AN AUTHORIZED USER.
   (C) PREVENT, THROUGH INTENTIONALLY DECEPTIVE MEANS, AN OWNER'S  OR  AN
 OPERATOR'S  REASONABLE EFFORTS TO BLOCK THE INSTALLATION OF OR EXECUTION
 OF, OR TO DISABLE COMPUTER SOFTWARE BY CAUSING  COMPUTER  SOFTWARE  THAT
 THE  OWNER OR OPERATOR HAS PROPERLY REMOVED OR DISABLED TO AUTOMATICALLY
 REINSTALL OR REACTIVATE ON THE COMPUTER WITHOUT THE AUTHORIZATION OF  AN
 AUTHORIZED USER.
   (D)  INTENTIONALLY  MISREPRESENT  THAT COMPUTER SOFTWARE WILL BE UNIN-
 STALLED OR DISABLED BY AN OWNER'S OR AN OPERATOR'S ACTION.
   (E) THROUGH INTENTIONALLY DECEPTIVE MEANS, REMOVE, DISABLE, OR  RENDER
 INOPERATIVE   SECURITY,  ANTISPYWARE,  OR  ANTIVIRUS  COMPUTER  SOFTWARE
 INSTALLED ON AN OWNER'S OR AN OPERATOR'S COMPUTER.
   (F) ENABLE USE OF AN OWNER'S OR AN OPERATOR'S COMPUTER TO  DO  ANY  OF
 THE FOLLOWING:
   (I)  ACCESSING OR USING A MODEM OR INTERNET SERVICE FOR THE PURPOSE OF
 CAUSING DAMAGE TO AN OWNER'S OR AN OPERATOR'S  COMPUTER  OR  CAUSING  AN
 OWNER  OR  OPERATOR,  OR A THIRD PARTY AFFECTED BY SUCH CONDUCT TO INCUR
 FINANCIAL CHARGES FOR A SERVICE THAT  THE  OWNER  OR  OPERATOR  DID  NOT
 AUTHORIZE;
   (II)  OPENING MULTIPLE, SEQUENTIAL, STAND-ALONE MESSAGES IN AN OWNER'S
 OR AN OPERATOR'S COMPUTER WITHOUT THE AUTHORIZATION OF AN OWNER OR OPER-
 ATOR AND WITH KNOWLEDGE THAT A REASONABLE COMPUTER USER COULD NOT  CLOSE
 THE  MESSAGES  WITHOUT  TURNING OFF THE COMPUTER OR CLOSING THE SOFTWARE
 APPLICATION IN WHICH THE MESSAGES APPEAR; PROVIDED THAT  THIS  PARAGRAPH
 SHALL NOT APPLY TO COMMUNICATIONS ORIGINATED BY THE COMPUTER'S OPERATING
 SYSTEM,  ORIGINATED  BY  A SOFTWARE APPLICATION THAT THE USER CHOOSES TO
 ACTIVATE, ORIGINATED BY A SERVICE PROVIDER THAT THE USER CHOOSES TO USE,
 OR PRESENTED FOR ANY OF THE PURPOSES DESCRIBED IN THIS SUBDIVISION; OR
   (III) TRANSMITTING OR RELAYING COMMERCIAL ELECTRONIC MAIL OR A COMPUT-
 ER VIRUS FROM THE COMPUTER, WHERE THE TRANSMISSION OR RELAYING IS INITI-
 ATED BY A PERSON OTHER THAN THE AUTHORIZED USER AND WITHOUT THE AUTHORI-
 ZATION OF AN AUTHORIZED USER.

 A. 506                              4
 
   (G) MODIFY ANY OF THE FOLLOWING SETTINGS  RELATED  TO  THE  COMPUTER'S
 ACCESS TO, OR USE OF, THE INTERNET:
   (I)  SETTINGS  THAT PROTECT INFORMATION ABOUT AN OWNER OR OPERATOR FOR
 THE PURPOSE OF TAKING PERSONALLY IDENTIFIABLE INFORMATION OF  THE  OWNER
 OR OPERATOR;
   (II)  SECURITY SETTINGS FOR THE PURPOSE OF CAUSING DAMAGE TO A COMPUT-
 ER; OR
   (III) SETTINGS THAT PROTECT THE COMPUTER FROM THE USES  IDENTIFIED  IN
 PARAGRAPH (F) OF THIS SUBDIVISION.
   (H)  PREVENT,  WITHOUT  THE  AUTHORIZATION OF AN OWNER OR OPERATOR, AN
 OWNER'S OR AN OPERATOR'S REASONABLE EFFORTS TO  BLOCK  THE  INSTALLATION
 OF, OR TO DISABLE, COMPUTER SOFTWARE BY DOING ANY OF THE FOLLOWING:
   (I) PRESENTING THE OWNER OR OPERATOR WITH AN OPTION TO DECLINE INSTAL-
 LATION  OF  COMPUTER  SOFTWARE  WITH  KNOWLEDGE THAT, WHEN THE OPTION IS
 SELECTED BY THE AUTHORIZED USER, THE INSTALLATION NEVERTHELESS PROCEEDS;
   (II) FALSELY REPRESENTING THAT COMPUTER SOFTWARE HAS BEEN DISABLED;
   (III) REQUIRING IN AN  INTENTIONALLY  DECEPTIVE  MANNER  THE  USER  TO
 ACCESS  THE  INTERNET  TO REMOVE THE SOFTWARE WITH KNOWLEDGE OR RECKLESS
 DISREGARD OF THE FACT THAT THE SOFTWARE FREQUENTLY OPERATES IN A  MANNER
 THAT PREVENTS THE USER FROM ACCESSING THE INTERNET;
   (IV)  CHANGING  THE NAME, LOCATION OR OTHER DESIGNATION INFORMATION OF
 THE SOFTWARE FOR THE PURPOSE  OF  PREVENTING  AN  AUTHORIZED  USER  FROM
 LOCATING THE SOFTWARE TO REMOVE IT;
   (V)  USING  RANDOMIZED OR INTENTIONALLY DECEPTIVE FILENAMES, DIRECTORY
 FOLDERS, FORMATS, OR  REGISTRY  ENTRIES  FOR  THE  PURPOSE  OF  AVOIDING
 DETECTION AND REMOVAL OF THE SOFTWARE BY AN AUTHORIZED USER;
   (VI)  CAUSING  THE  INSTALLATION  OF SOFTWARE IN A PARTICULAR COMPUTER
 DIRECTORY OR COMPUTER MEMORY  FOR  THE  PURPOSE  OF  EVADING  AUTHORIZED
 USERS' ATTEMPTS TO REMOVE THE SOFTWARE FROM THE COMPUTER; OR
   (VII)  REQUIRING,  WITHOUT THE AUTHORITY OF THE OWNER OF THE COMPUTER,
 THAT AN AUTHORIZED USER OBTAIN A SPECIAL CODE OR DOWNLOAD SOFTWARE  FROM
 A THIRD PARTY TO UNINSTALL THE SOFTWARE.
   3.  IT  IS  UNLAWFUL FOR A PERSON WHO IS NOT AN OWNER OR OPERATOR OF A
 COMPUTER TO DO ANY OF THE FOLLOWING WITH REGARD TO THE COMPUTER:
   (A) INDUCE AN OWNER OR OPERATOR TO INSTALL A COMPUTER SOFTWARE  COMPO-
 NENT  ONTO  THE  OWNER'S  OR  THE  OPERATOR'S  COMPUTER BY INTENTIONALLY
 MISREPRESENTING THAT INSTALLING COMPUTER SOFTWARE IS NECESSARY FOR SECU-
 RITY OR PRIVACY REASONS OR IN ORDER TO OPEN, VIEW, OR PLAY A  PARTICULAR
 TYPE OF CONTENT; OR
   (B)  USING  INTENTIONALLY  DECEPTIVE MEANS TO CAUSE THE EXECUTION OF A
 COMPUTER SOFTWARE COMPONENT WITH THE INTENT OF CAUSING THE  COMPUTER  TO
 USE SUCH COMPONENT IN A MANNER THAT VIOLATES ANY OTHER PROVISION OF THIS
 CHAPTER.
   4.  SUBDIVISIONS  TWO AND THREE OF THIS SECTION SHALL NOT APPLY TO THE
 MONITORING OF, OR INTERACTION WITH, AN OWNER'S OR AN OPERATOR'S INTERNET
 OR OTHER NETWORK CONNECTION, SERVICE, OR  COMPUTER,  BY  A  TELECOMMUNI-
 CATIONS CARRIER, CABLE OPERATOR, COMPUTER HARDWARE OR SOFTWARE PROVIDER,
 OR  PROVIDER  OF INFORMATION SERVICE OR INTERACTIVE COMPUTER SERVICE FOR
 NETWORK OR COMPUTER SECURITY PURPOSES, DIAGNOSTICS,  TECHNICAL  SUPPORT,
 MAINTENANCE,  REPAIR, NETWORK MANAGEMENT, AUTHORIZED UPDATES OF COMPUTER
 SOFTWARE OR SYSTEM FIRMWARE, AUTHORIZED  REMOTE  SYSTEM  MANAGEMENT,  OR
 DETECTION  OR  PREVENTION  OF  THE  UNAUTHORIZED USE OF OR FRAUDULENT OR
 OTHER ILLEGAL ACTIVITIES IN  CONNECTION  WITH  A  NETWORK,  SERVICE,  OR
 COMPUTER SOFTWARE, INCLUDING SCANNING FOR AND REMOVING COMPUTER SOFTWARE
 PRESCRIBED UNDER THIS SECTION.

 A. 506                              5
 
   5.  (A) THE ATTORNEY GENERAL, AN INTERNET SERVICE PROVIDER OR SOFTWARE
 COMPANY THAT EXPENDS RESOURCES IN GOOD FAITH ASSISTING AUTHORIZED  USERS
 HARMED  BY  A VIOLATION OF THIS SECTION, OR A TRADEMARK OWNER WHOSE MARK
 IS USED TO DECEIVE AUTHORIZED USERS IN VIOLATION OF  THIS  SECTION,  MAY
 BRING A CIVIL ACTION AGAINST A PERSON WHO VIOLATES ANY PROVISION OF THIS
 SECTION  TO  RECOVER  ACTUAL DAMAGES, LIQUIDATED DAMAGES OF AT LEAST ONE
 THOUSAND DOLLARS PER VIOLATION  OF  THIS  SECTION,  NOT  TO  EXCEED  ONE
 MILLION  DOLLARS  FOR A PATTERN OR PRACTICE OF SUCH VIOLATIONS, ATTORNEY
 FEES, AND COSTS.
   (B) THE COURT MAY INCREASE A DAMAGE AWARD TO AN AMOUNT  EQUAL  TO  NOT
 MORE  THAN  THREE TIMES THE AMOUNT OTHERWISE RECOVERABLE UNDER PARAGRAPH
 (A) OF THIS SUBDIVISION IF  THE  COURT  DETERMINES  THAT  THE  DEFENDANT
 COMMITTED THE VIOLATION WILLFULLY AND KNOWINGLY.
   (C)  THE  COURT  MAY REDUCE LIQUIDATED DAMAGES RECOVERABLE UNDER PARA-
 GRAPH (A) OF THIS SUBDIVISION, TO A MINIMUM OF ONE HUNDRED DOLLARS,  NOT
 TO  EXCEED  ONE HUNDRED THOUSAND DOLLARS FOR EACH VIOLATION IF THE COURT
 FINDS THAT THE  DEFENDANT  ESTABLISHED  AND  IMPLEMENTED  PRACTICES  AND
 PROCEDURES REASONABLY DESIGNED TO PREVENT A VIOLATION OF THIS SECTION.
   (D)  IN  THE CASE OF A VIOLATION OF SUBPARAGRAPH (I) OF THIS PARAGRAPH
 THAT CAUSES A TELECOMMUNICATIONS  CARRIER  OR  PROVIDER  OF  VOICE  OVER
 INTERNET PROTOCOL SERVICE TO INCUR COSTS FOR THE ORIGINATION, TRANSPORT,
 OR  TERMINATION  OF A CALL TRIGGERED USING THE MODEM OR INTERNET-CAPABLE
 DEVICE OF A CUSTOMER OF SUCH TELECOMMUNICATIONS CARRIER OR PROVIDER AS A
 RESULT OF SUCH VIOLATION, THE TELECOMMUNICATIONS  CARRIER  MAY  BRING  A
 CIVIL  ACTION  AGAINST THE VIOLATOR TO RECOVER ANY OR ALL OF THE FOLLOW-
 ING:
   (I) THE CHARGES SUCH CARRIER OR PROVIDER IS OBLIGATED TO PAY TO ANOTH-
 ER CARRIER OR TO AN INFORMATION SERVICE PROVIDER  AS  A  RESULT  OF  THE
 VIOLATION,  INCLUDING  BUT  NOT  LIMITED TO CHARGES FOR THE ORIGINATION,
 TRANSPORT OR TERMINATION OF THE CALL;
   (II) COSTS OF HANDLING CUSTOMER INQUIRIES OR COMPLAINTS  WITH  RESPECT
 TO AMOUNTS BILLED FOR SUCH CALLS;
   (III) COSTS AND A REASONABLE ATTORNEY'S FEE; AND
   (IV) AN ORDER TO ENJOIN THE VIOLATION.
   (E)  FOR  PURPOSES OF A CIVIL ACTION UNDER PARAGRAPHS (A), (B) AND (C)
 OF THIS SUBDIVISION ANY SINGLE ACTION OR CONDUCT THAT VIOLATES MORE THAN
 ONE SUBDIVISION OF THIS SECTION SHALL BE CONSIDERED MULTIPLE  VIOLATIONS
 BASED ON THE NUMBER OF SUCH SUBDIVISIONS VIOLATED.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.