Bill Text: NY S05576 | 2013-2014 | General Assembly | Amended

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Bill Title: Provides that on or after January 29, 2014, no cell phone retailer shall sell or lease a cell phone in New York state which does not contain geofencing technology which is activated and operational on such phone; defines terms; imposes civil penalties and fines.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-03-26 - PRINT NUMBER 5576A [S05576 Detail]

Download: New_York-2013-S05576-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5576--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     May 22, 2013
                                      ___________
       Introduced  by  Sen. O'BRIEN -- read twice and ordered printed, and when
         printed to be committed to the Committee  on  Consumer  Protection  --
         recommitted to the Committee on Consumer Protection in accordance with
         Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
         reprinted as amended and recommitted to said committee
       AN ACT to amend the general business law, in relation to providing  that
         no  cell  phone  retailer shall sell or lease a cell phone in New York
         state which does not contain geofencing technology
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new article
    2  39-H to read as follows:
    3                                ARTICLE 39-H
    4                       GEOFENCING TECHNOLOGY REQUIRED
    5  SECTION 899-AAAA. GEOFENCING TECHNOLOGY REQUIRED.
    6    S 899-AAAA. GEOFENCING TECHNOLOGY REQUIRED. 1. DEFINITIONS. AS USED IN
    7  THIS ARTICLE, UNLESS THE CONTEXT REQUIRES OTHERWISE:
    8    A.  "PERSON" MEANS AN INDIVIDUAL, FIRM, COMPANY, ASSOCIATION, PARTNER-
    9  SHIP, LIMITED LIABILITY COMPANY OR CORPORATION.
   10    B. "TO ENGAGE IN THE BUSINESS OF  SELLING,  OR  LEASING  CELL  PHONES"
   11  MEANS AND REFERS TO A PERSON WHO HOLDS HIMSELF OUT DIRECTLY OR INDIRECT-
   12  LY,  AS BEING ABLE, OR WHO OFFERS OR UNDERTAKES, BY ANY MEANS OR METHOD,
   13  TO SELL, OR LEASE A MOBILE PHONE.
   14    C. "CELL PHONE" MEANS A PORTABLE WIRELESS  TELEPHONE  DEVICE  THAT  IS
   15  DESIGNED TO SEND OR RECEIVE TRANSMISSIONS THROUGH A CELLULAR RADIO TELE-
   16  PHONE  SERVICE,  AS  DEFINED IN SECTION 22.99 OF TITLE 47 OF THE CODE OF
   17  FEDERAL REGULATIONS. A CELL PHONE DOES NOT INCLUDE A WIRELESS  TELEPHONE
   18  DEVICE  THAT  IS  INTEGRATED INTO THE ELECTRICAL ARCHITECTURE OF A MOTOR
   19  VEHICLE.
   20    D. "CELL PHONE RETAILER" MEANS A PERSON AS HEREIN DEFINED THAT ENGAGES
   21  IN THE BUSINESS OF SELLING OR LEASING CELL PHONES UNDER THIS ARTICLE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11209-02-4
       S. 5576--A                          2
    1    E. "GEOFENCING TECHNOLOGY"  MEANS  SOFTWARE,  APPLICATION,  OR  DEVICE
    2  WHICH  TOGETHER  WITH  DATA FROM A CELL PHONE INDICATES THAT THE USER OF
    3  THE PHONE IS DRIVING, AND DISABLES USE OF THE  CELL  PHONE  UNDER  THESE
    4  CONDITIONS  AND  WHICH  WOULD  NOT  REQUIRE A PERSON TO VIOLATE SECTIONS
    5  TWELVE  HUNDRED  TWENTY-FIVE-C  OR  TWELVE  HUNDRED TWENTY-FIVE-D OF THE
    6  VEHICLE AND TRAFFIC LAW TO ENABLE OR ACTIVATE SUCH SOFTWARE, APPLICATION
    7  OR DEVICE.
    8    F. "DISABLE" SHALL MEAN, PREVENTING THE USING OF A  CELL  PHONE  IN  A
    9  MOTOR  VEHICLE  MOVING  AT SPEEDS GREATER THAN OR EQUAL TO TEN MILES PER
   10  HOUR.
   11    G. "USING" SHALL MEAN HOLDING A CELL PHONE WHILE  VIEWING,  TAKING  OR
   12  TRANSMITTING  IMAGES,  PLAYING  GAMES,  OR  COMPOSING, SENDING, READING,
   13  VIEWING, ACCESSING, BROWSING, TRANSMITTING, SAVING OR RETRIEVING E-MAIL,
   14  TEXT MESSAGES, OR OTHER ELECTRONIC DATA.
   15    2. ON OR AFTER JANUARY TWENTY-NINTH,  TWO  THOUSAND  FIFTEEN  NO  CELL
   16  PHONE  RETAILER  SHALL  SELL OR LEASE ANY CELL PHONE IN THE STATE OF NEW
   17  YORK WHICH DOES NOT CONTAIN GEOFENCING TECHNOLOGY WHICH IS ACTIVATED AND
   18  OPERATIONAL ON SUCH CELL PHONE.
   19    3. ANY CELL PHONE RETAILER THAT DIRECTLY OR INDIRECTLY ENGAGES IN  THE
   20  BUSINESS  OF  SELLING  OR  LEASING CELL PHONES, THAT VIOLATES ANY OF THE
   21  PROVISIONS OF THIS ARTICLE, OR DIRECTLY OR INDIRECTLY  EMPLOYS,  PERMITS
   22  OR  AUTHORIZES  THE  SALE  OR  LEASE OF CELL PHONES, IN VIOLATION OF ANY
   23  PROVISIONS OF THIS ARTICLE SHALL BE GUILTY OF A  MISDEMEANOR  AND,  UPON
   24  CONVICTION,  SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND
   25  DOLLARS OR BY IMPRISONMENT OF NOT MORE THAN ONE YEAR OR BY A FINE OF NOT
   26  LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN FIVE THOUSAND DOLLARS  UPON
   27  A  SUBSEQUENT CONVICTION. EACH VIOLATION OF THIS ARTICLE SHALL BE DEEMED
   28  A SEPARATE OFFENSE.
   29    S 2. This act shall take effect January 29, 2015.