S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1580
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- 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  smart  phone
   antitheft protection
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The legislature finds that:
   (a) According to the Federal Communications Commission (FCC),  one  in
 three  robberies  in  the  United  States involves the theft of a mobile
 device, making it the number one property crime in the country. Many  of
 these  robberies  often  turn violent with some resulting in the loss of
 life.
   (b) The FCC estimates that between thirty to forty percent  of  United
 States  street  theft involves a mobile device. In fact, more than forty
 percent of all robberies in New York city involve smartphones and  other
 cell phones.
   (c)  Consumer  reports  projects  that 1.6 million Americans had their
 smartphones stolen in 2012.
   (d) According to the New York Times, one hundred thirteen  smartphones
 are lost or stolen every minute in the United States.
   (e)  Major cities are home to the highest concentrations of cell phone
 theft, and officials in New York and California have been pushing for  a
 cellphone kill switch in those states since April 2012. According to New
 York state attorney general, Eric Schneiderman, the United States Senate
 proposal  would force the mobile industry to "stop dragging its feet and
 join us in protecting consumers."
   (f) In April of 2012, U.S. senator Charles Schumer,  D-New  York,  and
 New  York  city  police  commissioner Ray Kelly announced that the major
 U.S.  cell phone carriers and the Federal Communications Commission have
 agreed to set up a national database to track  reported  stolen  phones.
 Senator  Schumer  also  introduced a bill called the mobile device theft
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00862-01-7

 S. 1580                             2
 
 deterrence act, which proposes a five-year prison sentence for tampering
 with the ID numbers of a stolen cell phone.
   (g)  According  to  press  reports,  the  international trafficking of
 stolen smartphones by organized criminal organizations has  grown  expo-
 nentially  in  recent  years  because  of  how  profitable the trade has
 become.
   (h) Replacement of lost and stolen mobile  devices  was  an  estimated
 thirty-billion-dollar business in 2012 according to studies conducted by
 mobile  communications security experts. Additionally, industry publica-
 tions indicate that the four  largest  providers  of  commercial  mobile
 radio  services  made  an  estimated seven billion eight hundred million
 dollars from theft and loss insurance products in 2013.
   (i) Technological solutions that render stolen  mobile  communications
 devices  useless  already exist, but the industry has been slow to adopt
 them.
   (j) In order to be effective, these technological solutions need to be
 ubiquitous, as thieves cannot distinguish between those  mobile  devices
 that  have the solutions enabled and those that do not. As a result, the
 technological solution should be able to withstand a hard reset or oper-
 ating system downgrade, and be enabled by default, with consumers  being
 given the option to affirmatively elect to disable this protection.
   (k)  Manufacturers  of  mobile  devices  and  commercial  mobile radio
 service providers should make efforts to protect  their  customers  from
 being targeted as a result of purchasing their products and services.
   (l) It is the intent of the legislature to require all smartphones and
 other mobile devices offered for sale in New York to come with a techno-
 logical solution enabled in order to deter theft and protect consumers.
   §  2. The general business law is amended by adding a new section 399-
 zzzzz to read as follows:
   § 399-ZZZZZ. SMART PHONE ANTITHEFT PROTECTION. 1.  FOR THE PURPOSES OF
 THIS SECTION, "SMART PHONE" MEANS  A  CELLULAR  PHONE  OR  OTHER  MOBILE
 DEVICE  THAT: (A) IS BUILT ON A SMART PHONE MOBILE OPERATING SYSTEM; (B)
 POSSESSES ADVANCED COMPUTING CAPABILITY; (C) ENABLES NETWORK CONNECTIVI-
 TY; AND (D) IS CAPABLE OF OPERATING ON A LONG-TERM EVOLUTION NETWORK AND
 SUCCESSOR WIRELESS DATA NETWORK COMMUNICATION STANDARDS. CAPABILITIES  A
 SMART PHONE MAY POSSESS INCLUDE, BUT ARE NOT LIMITED TO, BUILT-IN APPLI-
 CATIONS, INTERNET ACCESS, DIGITAL VOICE SERVICE, TEXT MESSAGING, E-MAIL,
 AND  WEB  BROWSING.  "SMART  PHONE"  DOES  NOT  INCLUDE A PHONE COMMONLY
 REFERRED TO AS A FEATURE OR MESSAGING PHONE, A LAPTOP COMPUTER, A TABLET
 DEVICE, OR A DEVICE THAT HAS ONLY ELECTRONIC READING CAPABILITY.
   2. ANY NEW SMART PHONE MANUFACTURED ON OR AFTER JULY FIRST, TWO  THOU-
 SAND  EIGHTEEN,  SOLD  OR  PURCHASED IN THIS STATE MUST BE EQUIPPED WITH
 PRELOADED ANTITHEFT FUNCTIONALITY OR  BE  CAPABLE  OF  DOWNLOADING  THAT
 FUNCTIONALITY.  THE  FUNCTIONALITY MUST BE AVAILABLE TO PURCHASERS AT NO
 COST.
   3.  WIRELESS  TELECOMMUNICATIONS  EQUIPMENT  MANUFACTURERS,  OPERATING
 SYSTEMS  PROVIDERS,  AND  WIRELESS  TELECOMMUNICATIONS SERVICE PROVIDERS
 SHALL EITHER INDIVIDUALLY OR JOINTLY, BY JANUARY FIFTEENTH, TWO THOUSAND
 EIGHTEEN, SUBMIT A REPORT TO THE CHAIRS AND RANKING MINORITY MEMBERS  OF
 THE  LEGISLATIVE  COMMITTEES WITH PRIMARY JURISDICTION OVER TELECOMMUNI-
 CATION ISSUES. THE REPORT SHALL DESCRIBE THE PRINCIPAL  FUNCTIONS  OF  A
 TOOL  THAT  MANUFACTURERS AND OPERATING SYSTEM PROVIDERS WILL UTILIZE ON
 NEW MODELS OF SMART PHONES IN ORDER TO COMPLY WITH  SUBDIVISION  ONE  OF
 THIS  SECTION, AND MUST DESCRIBE THE TECHNOLOGY OR FUNCTIONS INCLUDED TO
 ENSURE THE BASELINE ANTITHEFT TOOL IS  EASILY  OPERABLE  BY  INDIVIDUALS
 WITH DISABILITIES.

 S. 1580                             3
 
   4.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A)  "CMRS  PROVIDER" MEANS A PROVIDER OF COMMERCIAL RADIO SERVICE, AS
 DEFINED IN UNITED STATES CODE, TITLE 47, SECTION 332, AND  INCLUDES  ITS
 AUTHORIZED DEALERS.
   (B)  "INTERNET  MARKETPLACE"  OR  "ONLINE  PLATFORM" MEANS A DIGITALLY
 ACCESSIBLE PLATFORM THAT  FACILITATES  COMMERCIAL  TRANSACTIONS  BETWEEN
 BUYERS  AND  COMMUNITY-RATED  SELLERS WHERE THE OPERATOR OR THE PLATFORM
 DOES NOT TAKE POSSESSION OF, OR TITLE TO, THE GOODS BOUGHT OR SOLD.
   (C) "LAW ENFORCEMENT AGENCY"  OR  "AGENCY"  MEANS  A  DULY  AUTHORIZED
 MUNICIPAL, COUNTY, CAMPUS, TRANSIT, PARK, STATE, OR FEDERAL LAW ENFORCE-
 MENT AGENCY.
   (D)  "REPAIR  AND REFURBISHMENT PROGRAM" MEANS A PROGRAM, OFFERED BY A
 CMRS PROVIDER, MANUFACTURER, OR RETAILER WHO IS NOT PRIMARILY ENGAGED IN
 PURCHASING PERSONAL PROPERTY OF ANY TYPE FROM A  PERSON  WHO  IS  NOT  A
 WHOLESALER,  THROUGH  WHICH  USED  OR PREVIOUSLY OWNED WIRELESS COMMUNI-
 CATIONS DEVICES ARE RESTORED TO GOOD WORKING ORDER.
   (E) "TRADE-IN PROGRAM" MEANS A PROGRAM OFFERED  BY  A  CMRS  PROVIDER,
 MANUFACTURER,  OR  RETAILER  WHO  IS NOT PRIMARILY ENGAGED IN PURCHASING
 PERSONAL PROPERTY OF ANY TYPE FROM A PERSON WHO  IS  NOT  A  WHOLESALER,
 PURSUANT TO WHICH USED WIRELESS COMMUNICATIONS DEVICES ARE ACCEPTED FROM
 CUSTOMERS  IN  EXCHANGE FOR EITHER: (1) A NONCASH CREDIT USABLE ONLY FOR
 THE PURCHASE OF GOODS OR SERVICES FROM THE CMRS PROVIDER,  MANUFACTURER,
 OR  RETAILER; OR (2) A REBATE FROM A MANUFACTURER ON THE PURCHASE OF ONE
 OF THE MANUFACTURER'S WIRELESS COMMUNICATIONS DEVICES.
   (F) "WIRELESS COMMUNICATIONS DEVICE DEALER" OR "DEALER" MEANS AN INDI-
 VIDUAL, PARTNERSHIP, LIMITED  PARTNERSHIP,  LIMITED  LIABILITY  COMPANY,
 CORPORATION,  OR OTHER ENTITY ENGAGED IN THE BUSINESS OF BUYING OR SELL-
 ING USED WIRELESS COMMUNICATIONS DEVICES.
   (G) "WIRELESS COMMUNICATIONS DEVICE  MANUFACTURER"  OR  "MANUFACTURER"
 MEANS AN INDIVIDUAL, PARTNERSHIP, LIMITED PARTNERSHIP, LIMITED LIABILITY
 COMPANY,  CORPORATION,  OR OTHER ENTITY ENGAGED IN THE BUSINESS OF MANU-
 FACTURING WIRELESS COMMUNICATIONS DEVICES.
   5. (A) EVERY  WIRELESS  COMMUNICATIONS  DEVICE  DEALER,  INCLUDING  AN
 AGENT,  EMPLOYEE,  OR  REPRESENTATIVE OF THE DEALER, BUT NOT AN INTERNET
 MARKETPLACE, SHALL KEEP A WRITTEN RECORD AT THE TIME OF EACH PURCHASE OR
 ACQUISITION OF A USED WIRELESS COMMUNICATIONS  DEVICE  FOR  RESALE.  THE
 RECORD SHALL INCLUDE THE FOLLOWING AND MAY BE KEPT IN ELECTRONIC FORM:
   (1)  AN ACCURATE ACCOUNT OR DESCRIPTION OF THE WIRELESS COMMUNICATIONS
 DEVICE PURCHASED OR ACQUIRED;
   (2) THE DATE, TIME, AND PLACE OR  THE  ONLINE  PLATFORM  THE  WIRELESS
 COMMUNICATIONS DEVICE WAS PURCHASED OR ACQUIRED;
   (3) THE NAME AND ADDRESS OF THE PERSON SELLING OR DELIVERING THE WIRE-
 LESS COMMUNICATIONS DEVICE;
   (4)  THE  NUMBER  OF THE CHECK OR ELECTRONIC TRANSFER USED TO PURCHASE
 THE WIRELESS COMMUNICATIONS DEVICE;
   (5) THE NUMBER OF THE SELLER'S DRIVER'S LICENSE, NEW YORK STATE  IDEN-
 TIFICATION CARD NUMBER, OR OTHER IDENTIFICATION NUMBER FROM AN IDENTIFI-
 CATION  DOCUMENT  ISSUED BY ANY STATE, FEDERAL, OR FOREIGN GOVERNMENT IF
 THE DOCUMENT INCLUDES THE PERSON'S PHOTOGRAPH, FULL  NAME,  BIRTH  DATE,
 AND SIGNATURE; AND
   (6)  A  STATEMENT  SIGNED  BY  THE  SELLER,  UNDER PENALTY OF PERJURY,
 ATTESTING THAT THE WIRELESS COMMUNICATIONS DEVICE IS NOT STOLEN  AND  IS
 FREE  OF  ANY LIENS OR ENCUMBRANCES AND THE SELLER HAS THE RIGHT TO SELL
 IT.

 S. 1580                             4

   (B) RECORDS REQUIRED TO BE MAINTAINED UNDER THIS SUBDIVISION SHALL  BE
 RETAINED  BY  THE  WIRELESS COMMUNICATIONS DEVICE DEALER FOR A PERIOD OF
 THREE YEARS.
   (C)  THE  RECORD,  AS  WELL  AS  THE  WIRELESS  COMMUNICATIONS  DEVICE
 PURCHASED OR RECEIVED, SHALL AT ALL REASONABLE TIMES  BE  AVAILABLE  FOR
 INSPECTION BY ANY LAW ENFORCEMENT AGENCY.
   (D)   NO  RECORD  IS  REQUIRED  FOR  WIRELESS  COMMUNICATIONS  DEVICES
 PURCHASED FROM MERCHANTS, MANUFACTURERS, OR WHOLESALE DEALERS HAVING  AN
 ESTABLISHED  PLACE  OF BUSINESS, BUT A BILL OF SALE OR OTHER EVIDENCE OF
 OPEN OR LEGITIMATE PURCHASE OF THE WIRELESS COMMUNICATIONS DEVICE  SHALL
 BE OBTAINED AND KEPT BY THE WIRELESS COMMUNICATIONS DEVICE DEALER, WHICH
 SHALL BE SHOWN UPON DEMAND TO ANY LAW ENFORCEMENT AGENCY.
   (E)  EXCEPT  AS  OTHERWISE  PROVIDED  IN  THIS SUBDIVISION, A WIRELESS
 COMMUNICATIONS DEVICE DEALER OR THE DEALER'S AGENT, EMPLOYEE, OR  REPRE-
 SENTATIVE  MAY  NOT  DISCLOSE  PERSONAL INFORMATION RECEIVED PURSUANT TO
 PARAGRAPH (A) OF THIS SUBDIVISION  CONCERNING  A  CUSTOMER  WITHOUT  THE
 CUSTOMER'S  CONSENT  UNLESS  THE  DISCLOSURE  IS  MADE  IN RESPONSE TO A
 REQUEST FROM A LAW ENFORCEMENT AGENCY. A WIRELESS COMMUNICATIONS  DEVICE
 DEALER  SHALL IMPLEMENT REASONABLE SAFEGUARDS TO PROTECT THE SECURITY OF
 THE PERSONAL INFORMATION AND PREVENT UNAUTHORIZED ACCESS TO  OR  DISCLO-
 SURE  OF  THE  INFORMATION.  FOR  PURPOSES  OF THIS PARAGRAPH, "PERSONAL
 INFORMATION" IS ANY INDIVIDUALLY IDENTIFIABLE  INFORMATION  GATHERED  IN
 CONNECTION WITH A RECORD UNDER PARAGRAPH (A) OF THIS SUBDIVISION.
   6.  A  WIRELESS  COMMUNICATIONS  DEVICE  DEALER,  INCLUDING  AN AGENT,
 EMPLOYEE, OR REPRESENTATIVE OF THE DEALER, SHALL NOT:
   (A) MAKE ANY FALSE ENTRY IN THE RECORDS OF  TRANSACTIONS  INVOLVING  A
 USED WIRELESS COMMUNICATIONS DEVICE;
   (B) FALSIFY, OBLITERATE, DESTROY, OR REMOVE FROM THE PLACE OF BUSINESS
 THE RECORDS, BOOKS, OR ACCOUNTS RELATING TO USED WIRELESS COMMUNICATIONS
 DEVICE TRANSACTIONS;
   (C)  REFUSE TO ALLOW THE APPROPRIATE LAW ENFORCEMENT AGENCY TO INSPECT
 RECORDS OR ANY USED  WIRELESS  COMMUNICATIONS  DEVICE  IN  THE  DEALER'S
 POSSESSION DURING THE ORDINARY HOURS OF BUSINESS OR OTHER TIMES ACCEPTA-
 BLE TO BOTH PARTIES;
   (D)  FAIL  TO  MAINTAIN  A RECORD OF EACH USED WIRELESS COMMUNICATIONS
 DEVICE TRANSACTION FOR THREE YEARS; OR
   (E) PURCHASE A USED WIRELESS COMMUNICATIONS DEVICE FROM A PERSON UNDER
 EIGHTEEN YEARS OF AGE.
   7. A WIRELESS COMMUNICATIONS DEVICE DEALER SHALL PAY FOR PURCHASES  OF
 ALL  USED  WIRELESS COMMUNICATIONS DEVICES BY CHECK MAILED TO A SPECIFIC
 ADDRESS OR BY ELECTRONIC TRANSFER.
   8. (A) WHENEVER A LAW ENFORCEMENT OFFICIAL FROM ANY AGENCY HAS  PROBA-
 BLE  CAUSE  TO  BELIEVE  THAT  A  WIRELESS  COMMUNICATIONS DEVICE IN THE
 POSSESSION OF A WIRELESS COMMUNICATIONS DEVICE DEALER IS  STOLEN  OR  IS
 EVIDENCE  OF  A  CRIME AND NOTIFIES THE DEALER NOT TO SELL THE ITEM, THE
 DEALER SHALL NOT: (1) PROCESS OR SELL THE ITEM; OR (2) REMOVE  OR  ALLOW
 ITS REMOVAL FROM THE PREMISES. THIS INVESTIGATIVE HOLD MUST BE CONFIRMED
 IN  WRITING  BY THE ORIGINATING AGENCY WITHIN SEVENTY-TWO HOURS AND WILL
 REMAIN IN EFFECT FOR THIRTY DAYS FROM THE DATE OF INITIAL  NOTIFICATION,
 UNTIL  THE  INVESTIGATIVE  HOLD  IS  CANCELED OR RENEWED, OR UNTIL A LAW
 ENFORCEMENT NOTIFICATION  TO  CONFISCATE  OR  DIRECTIVE  TO  RELEASE  IS
 ISSUED, WHICHEVER COMES FIRST.
   (B)  IF A WIRELESS COMMUNICATIONS DEVICE IS IDENTIFIED AS STOLEN OR AS
 EVIDENCE IN A CRIMINAL CASE, A LAW ENFORCEMENT OFFICIAL MAY:

 S. 1580                             5

   (1) PHYSICALLY  CONFISCATE  AND  REMOVE  THE  WIRELESS  COMMUNICATIONS
 DEVICE  FROM  THE  WIRELESS  COMMUNICATIONS DEVICE DEALER, PURSUANT TO A
 WRITTEN NOTIFICATION;
   (2)  PLACE  THE  WIRELESS  COMMUNICATIONS DEVICE ON HOLD OR EXTEND THE
 HOLD UNDER PARAGRAPH (A) OF THIS SUBDIVISION, AND LEAVE  THE  DEVICE  AT
 THE PREMISES; OR
   (3) DIRECT ITS RELEASE TO A REGISTERED OWNER OR OWNER'S AGENT.
   (C)  WHEN  AN ITEM IS CONFISCATED, THE LAW ENFORCEMENT AGENCY DOING SO
 SHALL PROVIDE IDENTIFICATION UPON REQUEST OF THE WIRELESS COMMUNICATIONS
 DEVICE DEALER, AND SHALL PROVIDE THE NAME AND TELEPHONE  NUMBER  OF  THE
 CONFISCATING AGENCY AND INVESTIGATOR, AND THE CASE NUMBER RELATED TO THE
 CONFISCATION.
   (D) A WIRELESS COMMUNICATIONS DEVICE DEALER MAY REQUEST SEIZED PROPER-
 TY BE RETURNED.
   (E)  WHEN  AN  INVESTIGATIVE  HOLD OR NOTIFICATION TO CONFISCATE IS NO
 LONGER NECESSARY, THE LAW ENFORCEMENT OFFICIAL OR DESIGNEE SHALL  NOTIFY
 THE WIRELESS COMMUNICATIONS DEVICE DEALER.
   (F)  A  WIRELESS  COMMUNICATIONS  DEVICE  DEALER MAY SELL OR OTHERWISE
 DISPOSE OF THE WIRELESS COMMUNICATIONS DEVICE IF:
   (1) A NOTIFICATION TO CONFISCATE IS NOT  ISSUED  DURING  THE  INVESTI-
 GATIVE HOLD; OR
   (2) A LAW ENFORCEMENT OFFICIAL DOES NOT PHYSICALLY REMOVE THE WIRELESS
 COMMUNICATIONS  DEVICE  FROM  THE  PREMISES WITHIN FIFTEEN CALENDAR DAYS
 FROM ISSUANCE OF A NOTIFICATION TO CONFISCATE.
   (G) IF A WIRELESS COMMUNICATIONS DEVICE DEALER IS REQUIRED TO  HOLD  A
 WIRELESS  COMMUNICATIONS  DEVICE AT THE DIRECTION OF LAW ENFORCEMENT FOR
 PURPOSES OF INVESTIGATION OR PROSECUTION, OR IF THE DEVICE IS SEIZED  BY
 LAW ENFORCEMENT, THE WIRELESS COMMUNICATIONS DEVICE DEALER AND ANY OTHER
 VICTIM  IS  ENTITLED  TO  SEEK  RESTITUTION, INCLUDING ANY OUT-OF-POCKET
 EXPENSES FOR STORAGE AND LOST PROFIT, IN  ANY  CRIMINAL  CASE  THAT  MAY
 ARISE  FROM  THE INVESTIGATION AGAINST THE INDIVIDUAL WHO SOLD THE WIRE-
 LESS COMMUNICATIONS DEVICE TO THE WIRELESS COMMUNICATIONS DEVICE DEALER.
   9. (A) EACH WIRELESS COMMUNICATIONS DEVICE DEALER  SHALL  INSTALL  AND
 MAINTAIN  AT  EACH  PHYSICAL  LOCATION VIDEO SURVEILLANCE CAMERAS, STILL
 DIGITAL CAMERAS, OR SIMILAR DEVICES POSITIONED TO RECORD OR PHOTOGRAPH A
 FRONTAL VIEW SHOWING A READILY IDENTIFIABLE IMAGE OF THE  FACE  OF  EACH
 SELLER  OF  A  WIRELESS  COMMUNICATIONS  DEVICE  WHO ENTERS THE PHYSICAL
 LOCATION.
   (B) THE VIDEO CAMERA OR STILL DIGITAL CAMERA SHALL BE KEPT IN  OPERAT-
 ING  CONDITION  AND  MUST BE SHOWN UPON REQUEST TO A PROPERLY IDENTIFIED
 LAW ENFORCEMENT OFFICER FOR INSPECTION.   THE  CAMERA  MUST  RECORD  AND
 DISPLAY  THE  ACCURATE  DATE AND TIME. THE VIDEO CAMERA OR STILL DIGITAL
 CAMERA MUST BE TURNED ON AT ALL TIMES WHEN THE PHYSICAL LOCATION IS OPEN
 FOR BUSINESS AND AT ANY OTHER TIME WHEN WIRELESS COMMUNICATIONS  DEVICES
 ARE PURCHASED OR SOLD.
   (C)  RECORDINGS  AND IMAGES REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVI-
 SION SHALL BE RETAINED BY THE WIRELESS COMMUNICATIONS DEVICE DEALER  FOR
 A MINIMUM PERIOD OF 30 DAYS AND SHALL AT ALL REASONABLE TIMES BE OPEN TO
 THE INSPECTION OF ANY PROPERLY IDENTIFIED LAW ENFORCEMENT OFFICER.
   10.  A  WIRELESS COMMUNICATIONS DEVICE DEALER, OR THE AGENT, EMPLOYEE,
 OR REPRESENTATIVE OF THE  WIRELESS  COMMUNICATIONS  DEVICE  DEALER,  WHO
 INTENTIONALLY VIOLATES A PROVISION OF THIS SECTION IS GUILTY OF A MISDE-
 MEANOR.
   11. (A) THIS SECTION SHALL NOT APPLY WITH RESPECT TO A WIRELESS COMMU-
 NICATIONS DEVICE RETURNED TO THE STORE WHERE IT WAS ORIGINALLY PURCHASED

 S. 1580                             6

 PURSUANT  TO  THE  RETURN POLICIES OF THE WIRELESS COMMUNICATIONS DEVICE
 DEALER, CMRS PROVIDER, MANUFACTURER, OR RETAILER.
   (B)  THIS  SECTION  SHALL  NOT APPLY WITH RESPECT TO WIRELESS COMMUNI-
 CATIONS DEVICES ACQUIRED BY A: (1) CMRS PROVIDER AS PART OF  A  TRADE-IN
 OR  A  REPAIR  AND  REFURBISHMENT PROGRAM; (2) MANUFACTURER AS PART OF A
 TRADE-IN PROGRAM; OR (3) RETAILER WHOSE TRADE-IN PROGRAM: (I) REPORTS TO
 OTHER NATIONAL OR REGIONAL TRANSACTION REPORTING DATABASE  AVAILABLE  TO
 LAW ENFORCEMENT; OR (II) REPORTS AS REQUIRED BY LOCAL ORDINANCE.
   §  3.  This  act  shall take effect January 1, 2018 and shall apply to
 smart phone sales made on or after that date.