Bill Text: NY S00133 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to notification of a security breach; includes credit and debit cards; increases civil penalties.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-05-06 - RECOMMIT, ENACTING CLAUSE STRICKEN [S00133 Detail]

Download: New_York-2019-S00133-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           133
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection
        AN ACT to amend the general business law and the state  technology  law,
          in relation to notification of a security breach
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may be cited as the "Stop Hacks
     2  and Improve Electronic Data Security Act (SHIELD Act)".
     3    § 2. The article heading of article 39-F of the general business  law,
     4  as  added  by  chapter  442  of  the laws of 2005, is amended to read as
     5  follows:
     6             NOTIFICATION OF UNAUTHORIZED ACQUISITION OF PRIVATE
     7                   INFORMATION; DATA SECURITY PROTECTIONS
     8    § 3. Subdivisions 1, 2, 3, 5, 6, 7 and 8  of  section  899-aa  of  the
     9  general business law, subdivisions 1, 2, 3, 5, 6 and 7 as added by chap-
    10  ter  442  of the laws of 2005, paragraph (c) of subdivision 1, paragraph
    11  (a) of subdivision 6 and subdivision 8 as amended by chapter 491 of  the
    12  laws  of 2005 and paragraph (a) of subdivision 8 as amended by section 6
    13  of part N of chapter 55 of the laws of 2013,  are  amended  to  read  as
    14  follows:
    15    1. As used in this section, the following terms shall have the follow-
    16  ing meanings:
    17    (a)  "Personal  information"  shall  mean any information concerning a
    18  natural person which, because of name, number, personal mark,  or  other
    19  identifier, can be used to identify such natural person;
    20    (b)  "Private information" shall mean either: (i) personal information
    21  consisting of any information in combination with any one or more of the
    22  following data elements, when either the data element or the combination
    23  of personal information [or] plus the data element is not encrypted,  or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05343-01-9

        S. 133                              2
     1  is  encrypted  with  an  encryption  key  that has also been accessed or
     2  acquired:
     3    (1) social security number;
     4    (2)  driver's license number or non-driver identification card number;
     5  [or]
     6    (3) account number, credit or debit card number, in  combination  with
     7  any required security code, access code, [or] password or other informa-
     8  tion that would permit access to an individual's financial account;
     9    (4)  account  number,  credit  or  debit card number, if circumstances
    10  exist wherein such number could be used to access an individual's finan-
    11  cial account without additional identifying information, security  code,
    12  access code, or password; or
    13    (5)  biometric information, meaning data generated by electronic meas-
    14  urements of an individual's unique physical characteristics, such  as  a
    15  fingerprint, voice print, retina or iris image, or other unique physical
    16  representation  or  digital  representation  of biometric data which are
    17  used to authenticate or ascertain the individual's identity;
    18    (ii) a user name or e-mail address in combination with a  password  or
    19  security  question  and  answer  that  would  permit access to an online
    20  account; or
    21    (iii) any unsecured protected health information held  by  a  "covered
    22  entity"  as defined in the health insurance portability and accountabil-
    23  ity act of 1996 (45 C.F.R.  pts. 160, 162, 164), as amended from time to
    24  time.
    25    "Private information" does not include publicly available  information
    26  which  is  lawfully  made  available to the general public from federal,
    27  state, or local government records.
    28    (c) "Breach of the security of the  system"  shall  mean  unauthorized
    29  access  to  or acquisition of, or access to or acquisition without valid
    30  authorization, of  computerized  data  that  compromises  the  security,
    31  confidentiality,  or  integrity  of [personal] private information main-
    32  tained  by  a  business.  Good  faith  access  to,  or  acquisition   of
    33  [personal],  private information by an employee or agent of the business
    34  for the purposes of the business is not a breach of the security of  the
    35  system,  provided that the private information is not used or subject to
    36  unauthorized disclosure.
    37    In determining whether information has been accessed, or is reasonably
    38  believed to have been accessed, by an unauthorized person  or  a  person
    39  without  valid  authorization,  such  business may consider, among other
    40  factors, indications that the information was viewed, communicated with,
    41  used, or altered by a person without valid authorization or by an  unau-
    42  thorized person.
    43    In determining whether information has been acquired, or is reasonably
    44  believed  to  have  been acquired, by an unauthorized person or a person
    45  without valid authorization, such business may  consider  the  following
    46  factors, among others:
    47    (1) indications that the information is in the physical possession and
    48  control  of an unauthorized person, such as a lost or stolen computer or
    49  other device containing information; or
    50    (2) indications that the information has been downloaded or copied; or
    51    (3) indications that the  information  was  used  by  an  unauthorized
    52  person,  such  as  fraudulent  accounts  opened or instances of identity
    53  theft reported.
    54    (d) "Consumer reporting agency" shall mean any person which, for mone-
    55  tary fees, dues, or on a cooperative nonprofit basis, regularly  engages
    56  in whole or in part in the practice of assembling or evaluating consumer

        S. 133                              3
     1  credit  information or other information on consumers for the purpose of
     2  furnishing consumer reports to third parties, and which uses  any  means
     3  or  facility  of  interstate  commerce  for  the purpose of preparing or
     4  furnishing consumer reports. A list of consumer reporting agencies shall
     5  be  compiled by the state attorney general and furnished upon request to
     6  any person or business required to make a notification under subdivision
     7  two of this section.
     8    2. Any person or business which [conducts business in New York  state,
     9  and  which]  owns  or  licenses computerized data which includes private
    10  information shall disclose any breach of  the  security  of  the  system
    11  following discovery or notification of the breach in the security of the
    12  system  to any resident of New York state whose private information was,
    13  or is reasonably believed to have been, accessed or acquired by a person
    14  without valid authorization.  The disclosure shall be made in  the  most
    15  expedient  time possible and without unreasonable delay, consistent with
    16  the legitimate needs of law enforcement, as provided in subdivision four
    17  of this section, or any measures necessary to determine the scope of the
    18  breach and restore the [reasonable] integrity of the system.
    19    (a) Notice to affected persons under this section is not  required  if
    20  the  exposure  of  private  information was an inadvertent disclosure by
    21  persons authorized to access private  information,  and  the  person  or
    22  business  reasonably  determines such exposure will not likely result in
    23  misuse of such information,  or  financial  or  emotional  harm  to  the
    24  affected persons. Such a determination must be documented in writing and
    25  maintained for at least five years. The person or business shall provide
    26  the  written determination to the state attorney general within ten days
    27  after the determination.
    28    (b) If notice of the breach of the security of the system is  made  to
    29  affected  persons pursuant to the breach notification requirements under
    30  any of the following laws, nothing in this  section  shall  require  any
    31  additional  notice  to those affected persons, but notice still shall be
    32  provided to the state attorney general, the department of state and  the
    33  office  of  information technology services pursuant to paragraph (a) of
    34  subdivision eight of this section and  to  consumer  reporting  agencies
    35  pursuant to paragraph (b) of subdivision eight of this section:
    36    (i)  regulations promulgated pursuant to Title V of the federal Gramm-
    37  Leach-Bliley Act (15 U.S.C. 6801 to 6809), as amended from time to time;
    38    (ii) regulations implementing the  Health  Insurance  Portability  and
    39  Accountability  Act  of  1996  (45 C.F.R. parts 160 and 164), as amended
    40  from time to time, and the Health Information  Technology  for  Economic
    41  and Clinical Health Act, as amended from time to time;
    42    (iii) part five hundred of title twenty-three of the official compila-
    43  tion  of  codes,  rules  and  regulations  of  the state of New York, as
    44  amended from time to time; or
    45    (iv) any other data security rules and regulations of, and  the  stat-
    46  utes  administered  by, any official department, division, commission or
    47  agency of the federal or New York state government as such rules,  regu-
    48  lations  or  statutes  are  interpreted  by  such  department, division,
    49  commission or agency or by the federal or New York state courts.
    50    3. Any person or business  which  maintains  computerized  data  which
    51  includes  private information which such person or business does not own
    52  shall notify the owner or licensee of the information of any  breach  of
    53  the  security  of  the  system  immediately  following discovery, if the
    54  private information  was,  or  is  reasonably  believed  to  have  been,
    55  acquired by a person without valid authorization.

        S. 133                              4
     1    5.  The  notice required by this section shall be directly provided to
     2  the affected persons by one of the following methods:
     3    (a) written notice;
     4    (b)  electronic  notice,  provided  that  the person to whom notice is
     5  required has expressly consented to receiving said notice in  electronic
     6  form  and a log of each such notification is kept by the person or busi-
     7  ness who notifies affected  persons  in  such  form;  provided  further,
     8  however,  that  in no case shall any person or business require a person
     9  to consent to accepting said notice in  said  form  as  a  condition  of
    10  establishing any business relationship or engaging in any transaction.
    11    (c)  telephone notification provided that a log of each such notifica-
    12  tion is kept by the person or business who notifies affected persons; or
    13    (d) substitute notice, if a business demonstrates to the state  attor-
    14  ney  general  that the cost of providing notice would exceed two hundred
    15  fifty thousand dollars, or that the affected class of subject persons to
    16  be notified exceeds five hundred thousand, or  such  business  does  not
    17  have  sufficient contact information. Substitute notice shall consist of
    18  all of the following:
    19    (1) e-mail notice when such business has an  e-mail  address  for  the
    20  subject  persons,  except if the breached information includes an e-mail
    21  address in combination with a password or security question  and  answer
    22  that would permit access to the online account, in which case the person
    23  or business shall instead provide clear and conspicuous notice delivered
    24  to  the  consumer  online  when  the consumer is connected to the online
    25  account from an internet protocol address or  from  an  online  location
    26  which  the  person  or  business  knows the consumer customarily uses to
    27  access the online account;
    28    (2) conspicuous posting of the notice  on  such  business's  web  site
    29  page, if such business maintains one; and
    30    (3) notification to major statewide media.
    31    6.  (a)  whenever  the  attorney  general  shall believe from evidence
    32  satisfactory to him or her that there is a violation of this article  he
    33  or  she  may  bring an action in the name and on behalf of the people of
    34  the state of New York, in a court  of  justice  having  jurisdiction  to
    35  issue  an  injunction,  to  enjoin and restrain the continuation of such
    36  violation.   In such action, preliminary relief  may  be  granted  under
    37  article  sixty-three of the civil practice law and rules. In such action
    38  the court may award damages for actual costs or  losses  incurred  by  a
    39  person  entitled to notice pursuant to this article, if notification was
    40  not provided to such person pursuant to this article,  including  conse-
    41  quential  financial  losses.  Whenever the court shall determine in such
    42  action that a person or business  violated  this  article  knowingly  or
    43  recklessly,  the court may impose a civil penalty of the greater of five
    44  thousand dollars or up to [ten] twenty dollars per  instance  of  failed
    45  notification, provided that the latter amount shall not exceed [one] two
    46  hundred fifty thousand dollars.
    47    (b)  the remedies provided by this section shall be in addition to any
    48  other lawful remedy available.
    49    (c) no action may be brought under  the  provisions  of  this  section
    50  unless  such  action is commenced within [two] three years [immediately]
    51  after either the date [of the act complained of or the date of discovery
    52  of such  act]  on  which  the  attorney  general  became  aware  of  the
    53  violation,  or  the  date  of  notice  sent pursuant to paragraph (a) of
    54  subdivision eight of this section, whichever occurs first.
    55    7. Regardless of the method by which notice is provided,  such  notice
    56  shall  include contact information for the person or business making the

        S. 133                              5
     1  notification, the telephone numbers and websites of the  relevant  state
     2  and  federal agencies that provide information regarding security breach
     3  response and identity theft prevention and protection information, and a
     4  description  of  the categories of information that were, or are reason-
     5  ably believed to have been, accessed or acquired  by  a  person  without
     6  valid authorization, including specification of which of the elements of
     7  personal  information  and  private  information were, or are reasonably
     8  believed to have been, so accessed or acquired.
     9    8. (a) In the event that any New York residents are  to  be  notified,
    10  the  person  or  business  shall  notify the state attorney general, the
    11  department of state and the [division of state police] office of  infor-
    12  mation technology services as to the timing, content and distribution of
    13  the notices and approximate number of affected persons and shall provide
    14  a  copy  of  the  template of the notice sent to affected persons.  Such
    15  notice shall be made without delaying notice to affected New York  resi-
    16  dents.
    17    (b)  In  the event that more than five thousand New York residents are
    18  to be notified at one time, the person or  business  shall  also  notify
    19  consumer  reporting  agencies as to the timing, content and distribution
    20  of the notices and approximate number of affected persons.  Such  notice
    21  shall be made without delaying notice to affected New York residents.
    22    §  4. The general business law is amended by adding a new section 899-
    23  bb to read as follows:
    24    § 899-bb. Data security protections. 1.  Definitions.  (a)  "Compliant
    25  regulated  entity" shall mean any person or business that is subject to,
    26  and in compliance with, any of the following data security requirements:
    27    (i) regulations promulgated pursuant to Title V of the federal  Gramm-
    28  Leach-Bliley Act (15 U.S.C. 6801 to 6809), as amended from time to time;
    29    (ii)  regulations  implementing  the  Health Insurance Portability and
    30  Accountability Act of 1996 (45 C.F.R. parts 160  and  164),  as  amended
    31  from  time  to  time, and the Health Information Technology for Economic
    32  and Clinical Health Act, as amended from time to time;
    33    (iii) part five hundred of title twenty-three of the official compila-
    34  tion of codes, rules and regulations  of  the  state  of  New  York,  as
    35  amended from time to time; or
    36    (iv)  any  other data security rules and regulations of, and the stat-
    37  utes administered by, any official department, division,  commission  or
    38  agency  of the federal or New York state government as such rules, regu-
    39  lations or  statutes  are  interpreted  by  such  department,  division,
    40  commission or agency or by the federal or New York state courts.
    41    (b)  "Private  information"  shall have the same meaning as defined in
    42  section eight hundred ninety-nine-aa of this article.
    43    (c) "Small business" shall mean any person or business with (i)  fewer
    44  than  fifty  employees;  (ii)  less  than three million dollars in gross
    45  annual revenue in each of the last three fiscal  years;  or  (iii)  less
    46  than  five  million  dollars  in  year-end  total  assets, calculated in
    47  accordance with generally accepted accounting principles.
    48    2. Reasonable security requirement. (a) Any person  or  business  that
    49  owns or licenses computerized data which includes private information of
    50  a  resident of New York shall develop, implement and maintain reasonable
    51  safeguards to protect the security, confidentiality and integrity of the
    52  private information including, but not limited to, disposal of data.
    53    (b) A person or business shall be deemed  to  be  in  compliance  with
    54  paragraph (a) of this subdivision if it either:
    55    (i)  is  a compliant regulated entity as defined in subdivision one of
    56  this section; or

        S. 133                              6
     1    (ii) implements a data security program that includes the following:
     2    (A)  reasonable  administrative  safeguards  such as the following, in
     3  which the person or business:
     4    (1) designates one  or  more  employees  to  coordinate  the  security
     5  program;
     6    (2) identifies reasonably foreseeable internal and external risks;
     7    (3)  assesses  the  sufficiency  of safeguards in place to control the
     8  identified risks;
     9    (4) trains and manages employees in the security program practices and
    10  procedures;
    11    (5) selects service providers capable of maintaining appropriate safe-
    12  guards, and requires those safeguards by contract; and
    13    (6) adjusts the security program in light of business changes  or  new
    14  circumstances; and
    15    (B)  reasonable  technical  safeguards such as the following, in which
    16  the person or business:
    17    (1) assesses risks in network and software design;
    18    (2) assesses risks in information processing, transmission  and  stor-
    19  age;
    20    (3) detects, prevents and responds to attacks or system failures; and
    21    (4)  regularly  tests  and monitors the effectiveness of key controls,
    22  systems and procedures; and
    23    (C) reasonable physical safeguards such as the following, in which the
    24  person or business:
    25    (1) assesses risks of information storage and disposal;
    26    (2) detects, prevents and responds to intrusions;
    27    (3) protects against unauthorized access to or use of private informa-
    28  tion during or after the collection, transportation and  destruction  or
    29  disposal of the information; and
    30    (4) disposes of private information within a reasonable amount of time
    31  after it is no longer needed for business purposes by erasing electronic
    32  media so that the information cannot be read or reconstructed.
    33    (c) A small business as defined in paragraph (c) of subdivision one of
    34  this  section complies with subparagraph (ii) of paragraph (b) of subdi-
    35  vision two of this section if  the  small  business's  security  program
    36  contains  reasonable  administrative,  technical and physical safeguards
    37  that are appropriate for the size and complexity of the small  business,
    38  the  nature and scope of the small business's activities, and the sensi-
    39  tivity of the personal information the small business collects  from  or
    40  about consumers.
    41    (d)  Any person or business that fails to comply with this subdivision
    42  shall be deemed to have violated section  three  hundred  forty-nine  of
    43  this  chapter,  and the attorney general may bring an action in the name
    44  and on behalf of the people of the state of  New  York  to  enjoin  such
    45  violations  and  to  obtain  civil penalties under section three hundred
    46  fifty-d of this chapter.
    47    (e) Nothing in this section shall create a private right of action.
    48    § 5. Paragraph (a) of subdivision 1 and subdivisions 2, 3, 6, 7 and  8
    49  of section 208 of the state technology law, paragraph (a) of subdivision
    50  1  and subdivisions 3 and 8 as added by chapter 442 of the laws of 2005,
    51  subdivision 2 and paragraph (a) of subdivision 7 as amended by section 5
    52  of part N of chapter 55 of the laws of 2013 and subdivisions 6 and 7  as
    53  amended  by  chapter  491  of  the  laws of 2005, are amended to read as
    54  follows:
    55    (a) "Private information" shall mean either: (i) personal  information
    56  consisting of any information in combination with any one or more of the

        S. 133                              7
     1  following data elements, when either the data element or the combination
     2  of  personal  information [or] plus the data element is not encrypted or
     3  encrypted with  an  encryption  key  that  has  also  been  accessed  or
     4  acquired:
     5    (1) social security number;
     6    (2)  driver's license number or non-driver identification card number;
     7  [or]
     8    (3) account number, or credit or debit  card  number,  in  combination
     9  with  any  required identifying information, security code, access code,
    10  or password which would  permit  access  to  an  individual's  financial
    11  account;
    12    (4)  account  number, or credit or debit card number, if circumstances
    13  exist wherein such number could be used to  access  to  an  individual's
    14  financial  account  without additional identifying information, security
    15  code, access code, or password; or
    16    (5) biometric information, meaning data generated by electronic  meas-
    17  urements  of  an  individual's  unique physical characteristics, such as
    18  fingerprint, voice print, or retina or iris image, or other unique phys-
    19  ical representation or digital representation which are used to  authen-
    20  ticate or ascertain the individual's identity;
    21    (ii)  a  user name or e-mail address in combination with a password or
    22  security question and answer that  would  permit  access  to  an  online
    23  account; or
    24    (iii)  any  unsecured  protected health information held by a "covered
    25  entity" as defined in the health insurance portability and  accountabil-
    26  ity act of 1996 (45 C.F.R.  pts. 160, 162, 164), as amended from time to
    27  time.
    28    "Private  information" does not include publicly available information
    29  that is lawfully made available to  the  general  public  from  federal,
    30  state, or local government records.
    31    2.  Any  state  entity  that  owns  or licenses computerized data that
    32  includes private information shall disclose any breach of  the  security
    33  of  the  system following discovery or notification of the breach in the
    34  security of the system to any resident of New York state  whose  private
    35  information  was,  or  is  reasonably believed to have been, accessed or
    36  acquired by a person without valid authorization.  The disclosure  shall
    37  be  made  in  the  most expedient time possible and without unreasonable
    38  delay, consistent with the  legitimate  needs  of  law  enforcement,  as
    39  provided  in subdivision four of this section, or any measures necessary
    40  to determine the scope of the breach and restore the [reasonable] integ-
    41  rity of the data system.  The state entity shall consult with the  state
    42  office  of information technology services to determine the scope of the
    43  breach and restoration measures. Within ninety days of the notice of the
    44  breach, the office of information technology services  shall  deliver  a
    45  report  on  the  scope  of the breach and recommendations to restore and
    46  improve the security of the system to the state entity.
    47    (a) Notice to affected persons under this section is not  required  if
    48  the  exposure  of  private  information was an inadvertent disclosure by
    49  persons authorized to access private information, and the  state  entity
    50  reasonably  determines such exposure will not likely result in misuse of
    51  such information,  or  financial  or  emotional  harm  to  the  affected
    52  persons.  Such  a  determination must be documented in writing and main-
    53  tained for at least five years. The state entity shall provide the writ-
    54  ten determination to the state attorney general within  ten  days  after
    55  the determination.

        S. 133                              8
     1    (b)  If  notice of the breach of the security of the system is made to
     2  affected persons pursuant to the breach notification requirements  under
     3  any  of  the  following  laws, nothing in this section shall require any
     4  additional notice to those affected persons, but notice still  shall  be
     5  provided  to the state attorney general, the department of state and the
     6  office of information technology services pursuant to paragraph  (a)  of
     7  subdivision  seven  of  this  section and to consumer reporting agencies
     8  pursuant to paragraph (b) of subdivision seven of this section:
     9    (i) regulations promulgated pursuant to Title V of the federal  Gramm-
    10  Leach-Bliley Act (15 U.S.C. 6801 to 6809), as amended from time to time;
    11    (ii)  regulations  implementing  the  Health Insurance Portability and
    12  Accountability Act of 1996 (45 C.F.R. parts 160  and  164),  as  amended
    13  from  time  to  time, and the Health Information Technology for Economic
    14  and Clinical Health Act, as amended from time to time;
    15    (iii) part five hundred of title twenty-three of the official compila-
    16  tion of codes, rules and regulations  of  the  state  of  New  York,  as
    17  amended from time to time; or
    18    (iv)  any  other data security rules and regulations of, and the stat-
    19  utes administered by, any official department, division,  commission  or
    20  agency  of the federal or New York state government as such rules, regu-
    21  lations or  statutes  are  interpreted  by  such  department,  division,
    22  commission or agency or by the federal or New York state courts.
    23    3.  Any  state  entity  that maintains computerized data that includes
    24  private information which such agency does  not  own  shall  notify  the
    25  owner  or  licensee  of the information of any breach of the security of
    26  the system immediately following discovery, if the  private  information
    27  was,  or is reasonably believed to have been, acquired by a person with-
    28  out valid authorization.
    29    6. Regardless of the method by which notice is provided,  such  notice
    30  shall  include  contact  information  for  the  state  entity making the
    31  notification, the telephone numbers and websites of the  relevant  state
    32  and  federal agencies that provide information regarding security breach
    33  response and identity theft prevention and protection information and  a
    34  description  of  the categories of information that were, or are reason-
    35  ably believed to have been, accessed or acquired  by  a  person  without
    36  valid authorization, including specification of which of the elements of
    37  personal  information  and  private  information were, or are reasonably
    38  believed to have been, so accessed or acquired.
    39    7. (a) In the event that any New York residents are  to  be  notified,
    40  the state entity shall notify the state attorney general, the department
    41  of  state  and the state office of information technology services as to
    42  the timing, content and distribution  of  the  notices  and  approximate
    43  number  of  affected  persons  and provide a copy of the template of the
    44  notice sent to affected persons.   Such notice  shall  be  made  without
    45  delaying notice to affected New York residents.
    46    (b)  In  the event that more than five thousand New York residents are
    47  to be notified at one time, the state entity shall also notify  consumer
    48  reporting  agencies  as  to  the timing, content and distribution of the
    49  notices and approximate number of affected persons. Such notice shall be
    50  made without delaying notice to affected New York residents.
    51    8. The state office of information technology services shall  develop,
    52  update  and  provide  regular training to all state entities relating to
    53  best practices for the prevention of a breach of  the  security  of  the
    54  system.
    55     9. Any entity listed in subparagraph two of paragraph (c) of subdivi-
    56  sion  one of this section shall adopt a notification policy no more than

        S. 133                              9
     1  one hundred twenty days after the effective date of this  section.  Such
     2  entity  may  develop a notification policy which is consistent with this
     3  section or alternatively shall adopt a local  law  which  is  consistent
     4  with this section.
     5    §  6.  This  act shall take effect on the ninetieth day after it shall
     6  have become a law; provided, however, that  section  four  of  this  act
     7  shall  take  effect  on the two hundred fortieth day after it shall have
     8  become a law.
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