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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5576
                              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
       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.
   22    E. "GEOFENCING TECHNOLOGY"  MEANS  SOFTWARE,  APPLICATION,  OR  DEVICE
   23  WHICH  TOGETHER  WITH  DATA FROM A CELL PHONE INDICATES THAT THE USER OF
   24  THE PHONE IS DRIVING, AND DISABLES USE OF THE  CELL  PHONE  UNDER  THESE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11209-01-3
       S. 5576                             2
    1  CONDITIONS  AND  WHICH  WOULD  NOT  REQUIRE A PERSON TO VIOLATE SECTIONS
    2  TWELVE HUNDRED TWENTY-FIVE-C OR  TWELVE  HUNDRED  TWENTY-FIVE-D  OF  THE
    3  VEHICLE AND TRAFFIC LAW TO ENABLE OR ACTIVATE SUCH SOFTWARE, APPLICATION
    4  OR DEVICE.
    5    F.  "DISABLE"  SHALL  MEAN,  PREVENTING THE USING OF A CELL PHONE IN A
    6  MOTOR VEHICLE MOVING AT SPEEDS GREATER THAN OR EQUAL TO  TEN  MILES  PER
    7  HOUR.
    8    G.  "USING"  SHALL  MEAN HOLDING A CELL PHONE WHILE VIEWING, TAKING OR
    9  TRANSMITTING IMAGES, PLAYING  GAMES,  OR  COMPOSING,  SENDING,  READING,
   10  VIEWING, ACCESSING, BROWSING, TRANSMITTING, SAVING OR RETRIEVING E-MAIL,
   11  TEXT MESSAGES, OR OTHER ELECTRONIC DATA.
   12    2.  ON  OR  AFTER  JANUARY TWENTY-NINTH, TWO THOUSAND FOURTEEN NO CELL
   13  PHONE RETAILER SHALL SELL OR LEASE ANY CELL PHONE IN THE  STATE  OF  NEW
   14  YORK WHICH DOES NOT CONTAIN GEOFENCING TECHNOLOGY WHICH IS ACTIVATED AND
   15  OPERATIONAL ON SUCH CELL PHONE.
   16    3.  ANY CELL PHONE RETAILER THAT DIRECTLY OR INDIRECTLY ENGAGES IN THE
   17  BUSINESS OF SELLING OR LEASING CELL PHONES, THAT  VIOLATES  ANY  OF  THE
   18  PROVISIONS  OF  THIS ARTICLE, OR DIRECTLY OR INDIRECTLY EMPLOYS, PERMITS
   19  OR AUTHORIZES THE SALE OR LEASE OF CELL  PHONES,  IN  VIOLATION  OF  ANY
   20  PROVISIONS  OF  THIS  ARTICLE SHALL BE GUILTY OF A MISDEMEANOR AND, UPON
   21  CONVICTION, SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN ONE  THOUSAND
   22  DOLLARS OR BY IMPRISONMENT OF NOT MORE THAN ONE YEAR OR BY A FINE OF NOT
   23  LESS  THAN ONE THOUSAND DOLLARS NOR MORE THAN FIVE THOUSAND DOLLARS UPON
   24  A SUBSEQUENT CONVICTION. EACH VIOLATION OF THIS ARTICLE SHALL BE  DEEMED
   25  A SEPARATE OFFENSE.
   26    S 2. This act shall take effect January 29, 2014.