senate Bill S5576

Amended

Provides that no cell phone retailer shall sell or lease a cell phone in New York state which does not contain geofencing technology

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Sponsor

O'BRIEN

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 22 / May / 2013
    • REFERRED TO CONSUMER PROTECTION
  • 08 / Jan / 2014
    • REFERRED TO CONSUMER PROTECTION
  • 26 / Mar / 2014
    • AMEND AND RECOMMIT TO CONSUMER PROTECTION
  • 26 / Mar / 2014
    • PRINT NUMBER 5576A

Summary

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.

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Bill Details

Versions:
S5576
S5576A
Legislative Cycle:
2013-2014
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add Art 39-H ยง899-aaaa, Gen Bus L

Sponsor Memo

BILL NUMBER:S5576

TITLE OF BILL: 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

PURPOSE:

To ensure that every cell phone sold in New York State has at the time
of sale the ability to prevent text messaging, emailing and other data
transfers while the user of the cell phone is in a motor vehicle
traveling at speeds of 10 miles per hour or more.

SUMMARY OF PROVISIONS:

Section 1 of the bill defines "geofencing technology", "engaging in
the business of selling, or leasing cell phones", "cell phone" and
"cell phone retailer"; requires that geofencing technology is on all
cell phones sold in New York State and activated; and establishes
penalties for violation of this article.

Section 2 of the bill establishes that the effective date is January
29, 2014.

JUSTIFICATION: This legislation addresses what the United States
Secretary of Transportation describes as an epidemic on America's
roadways - distracted driving. The results are tragic preventable
accidents. In 2011, 3,331 people died in accidents connected with
distracted driving and an additional 387,000 people were injured in
motor vehicle crashes involving distracted drivers. One of the leading
causes of distracted driving is texting behind the wheel. Texting
creates a crash risk 23 times worse than driving while not distracted
and is now the leading cause of death for teenage drivers, surpassing
drinking and driving. Although New York State does ban texting and
driving, driver behavior surveys and the number of accidents and
deaths attributable to distracted driving indicate that the
anti-texting campaigns and laws are not having their desired effect.
According to the author of one study, "regrettably, our analysis
suggests that state laws do not significantly reduce teen texting
while driving. Technological solutions will likely need to be
developed to significantly reduce the frequency of texting while
driving... phones will have to get smarter if they are to protect
teens (and others) from doing dumb things." A number of t echnological
solutions do in fact exist; however, there is no requirement to inform
consumers of this technology nor is there a requirement that they be
installed and operational on cell phones. This legislation remedies
the situation and requires that all cell phones sold in New York State
be sold with technology that prevents texting and driving.

PRIOR LEGISLATIVE HISTORY:

None

FISCAL IMPLICATIONS:

None


EFFECTIVE DATE:

January 29, 2014

view bill text
                    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:

  Section 1. The general business law is amended by adding a new article
39-H to read as follows:
                              ARTICLE 39-H
                     GEOFENCING TECHNOLOGY REQUIRED
SECTION 899-AAAA. GEOFENCING TECHNOLOGY REQUIRED.
  S 899-AAAA. GEOFENCING TECHNOLOGY REQUIRED. 1. DEFINITIONS. AS USED IN
THIS ARTICLE, UNLESS THE CONTEXT REQUIRES OTHERWISE:
  A.  "PERSON" MEANS AN INDIVIDUAL, FIRM, COMPANY, ASSOCIATION, PARTNER-
SHIP, LIMITED LIABILITY COMPANY OR CORPORATION.
  B. "TO ENGAGE IN THE BUSINESS OF  SELLING,  OR  LEASING  CELL  PHONES"
MEANS AND REFERS TO A PERSON WHO HOLDS HIMSELF OUT DIRECTLY OR INDIRECT-
LY,  AS BEING ABLE, OR WHO OFFERS OR UNDERTAKES, BY ANY MEANS OR METHOD,
TO SELL, OR LEASE A MOBILE PHONE.
  C. "CELL PHONE" MEANS A PORTABLE WIRELESS  TELEPHONE  DEVICE  THAT  IS
DESIGNED TO SEND OR RECEIVE TRANSMISSIONS THROUGH A CELLULAR RADIO TELE-
PHONE  SERVICE,  AS  DEFINED IN SECTION 22.99 OF TITLE 47 OF THE CODE OF
FEDERAL REGULATIONS. A CELL PHONE DOES NOT INCLUDE A WIRELESS  TELEPHONE
DEVICE  THAT  IS  INTEGRATED INTO THE ELECTRICAL ARCHITECTURE OF A MOTOR
VEHICLE.
  D. "CELL PHONE RETAILER" MEANS A PERSON AS HEREIN DEFINED THAT ENGAGES
IN THE BUSINESS OF SELLING OR LEASING CELL PHONES UNDER THIS ARTICLE.
  E. "GEOFENCING TECHNOLOGY"  MEANS  SOFTWARE,  APPLICATION,  OR  DEVICE
WHICH  TOGETHER  WITH  DATA FROM A CELL PHONE INDICATES THAT THE USER OF
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

CONDITIONS  AND  WHICH  WOULD  NOT  REQUIRE A PERSON TO VIOLATE SECTIONS
TWELVE HUNDRED TWENTY-FIVE-C OR  TWELVE  HUNDRED  TWENTY-FIVE-D  OF  THE
VEHICLE AND TRAFFIC LAW TO ENABLE OR ACTIVATE SUCH SOFTWARE, APPLICATION
OR DEVICE.
  F.  "DISABLE"  SHALL  MEAN,  PREVENTING THE USING OF A CELL PHONE IN A
MOTOR VEHICLE MOVING AT SPEEDS GREATER THAN OR EQUAL TO  TEN  MILES  PER
HOUR.
  G.  "USING"  SHALL  MEAN HOLDING A CELL PHONE WHILE VIEWING, TAKING OR
TRANSMITTING IMAGES, PLAYING  GAMES,  OR  COMPOSING,  SENDING,  READING,
VIEWING, ACCESSING, BROWSING, TRANSMITTING, SAVING OR RETRIEVING E-MAIL,
TEXT MESSAGES, OR OTHER ELECTRONIC DATA.
  2.  ON  OR  AFTER  JANUARY TWENTY-NINTH, TWO THOUSAND FOURTEEN NO CELL
PHONE RETAILER SHALL SELL OR LEASE ANY CELL PHONE IN THE  STATE  OF  NEW
YORK WHICH DOES NOT CONTAIN GEOFENCING TECHNOLOGY WHICH IS ACTIVATED AND
OPERATIONAL ON SUCH CELL PHONE.
  3.  ANY CELL PHONE RETAILER THAT DIRECTLY OR INDIRECTLY ENGAGES IN THE
BUSINESS OF SELLING OR LEASING CELL PHONES, THAT  VIOLATES  ANY  OF  THE
PROVISIONS  OF  THIS ARTICLE, OR DIRECTLY OR INDIRECTLY EMPLOYS, PERMITS
OR AUTHORIZES THE SALE OR LEASE OF CELL  PHONES,  IN  VIOLATION  OF  ANY
PROVISIONS  OF  THIS  ARTICLE SHALL BE GUILTY OF A MISDEMEANOR AND, UPON
CONVICTION, SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN ONE  THOUSAND
DOLLARS OR BY IMPRISONMENT OF NOT MORE THAN ONE YEAR OR BY A FINE OF NOT
LESS  THAN ONE THOUSAND DOLLARS NOR MORE THAN FIVE THOUSAND DOLLARS UPON
A SUBSEQUENT CONVICTION. EACH VIOLATION OF THIS ARTICLE SHALL BE  DEEMED
A SEPARATE OFFENSE.
  S 2. This act shall take effect January 29, 2014.

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