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.