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Assembly Bill A5454A

2011-2012 Legislative Session

Enacts the "wireless telephone right to know law"

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Archive: Last Bill Status - Stricken

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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A5454 - Details

Law Section:
General Business Law
Laws Affected:
Add §399-ccc, Gen Bus L

2011-A5454 - Summary

Enacts the "wireless telephone right to know law" to require wireless telephone retailers to provide consumers with information on radiofrequency emittance risks and precautions.

2011-A5454 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5454

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 18, 2011
                               ___________

Introduced  by  M.  of  A.  P. RIVERA  --  read once and referred to the
  Committee on Consumer Affairs and Protection

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  requiring  the disclosure of the specific absorption rates of cellular
  telephones to consumers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 37 of the environmental conservation law is amended
by adding a new title 7 to read as follows:

                                 TITLE 7
                      CELLULAR TELEPHONE DISCLOSURE
SECTION 37-0701. SHORT TITLE.
        37-0703. LEGISLATIVE FINDINGS.
        37-0705. DEFINITIONS.
        37-0707. REQUIREMENTS FOR CELLULAR TELEPHONE SERVICE PROVIDERS.
        37-0709. REQUIREMENTS FOR CELLULAR TELEPHONE RETAILERS.
        37-0711. RULES AND REGULATIONS.
        37-0713. PENALTIES.
S 37-0701. SHORT TITLE.
  THIS  TITLE SHALL BE KNOWN AND MAY BE CITED AS THE "CELLULAR TELEPHONE
RIGHT TO KNOW LAW".
S 37-0703. LEGISLATIVE FINDINGS.
  THE LEGISLATURE HEREBY FINDS THAT:
  1. GOVERNMENT AGENCIES AND SCIENTIFIC BODIES IN THE EUROPEAN UNION AND
ISRAEL HAVE RECOGNIZED THE POTENTIAL HARM OF LONG-TERM EXPOSURE TO RADI-
ATION EMITTED FROM CELLULAR TELEPHONES AND, AS  A  RESULT,  HAVE  ISSUED
WARNINGS ABOUT THEIR USE, ESPECIALLY THEIR USE BY CHILDREN;
  2.  THE  FEDERAL  COMMUNICATIONS  COMMISSION ("FCC") HAS ESTABLISHED A
MAXIMUM ALLOWABLE SPECIFIC ABSORPTION RATE ("SAR") RATING THAT  MANUFAC-
TURERS  ARE REQUIRED TO DISCLOSE TO SUCH COMMISSION WHEN OFFERING CELLU-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00985-01-1

co-Sponsors

multi-Sponsors

2011-A5454A (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Add §399-ccc, Gen Bus L

2011-A5454A (ACTIVE) - Summary

Enacts the "wireless telephone right to know law" to require wireless telephone retailers to provide consumers with information on radiofrequency emittance risks and precautions.

2011-A5454A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5454--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 18, 2011
                               ___________

Introduced  by  M.  of  A. P. RIVERA, JAFFEE, GIBSON, ROBERTS, ABINANTI,
  McDONOUGH, CALHOUN, HOOPER, STEVENSON -- Multi-Sponsored by --  M.  of
  A.  BOYLAND,  McLAUGHLIN -- read once and referred to the Committee on
  Consumer Affairs and Protection -- recommitted  to  the  Committee  on
  Consumer  Affairs  and  Protection in accordance with Assembly Rule 3,
  sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT to amend the general business law, in relation to wireless tele-
  phone disclosure

  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 section
399-ccc to read as follows:
  S  399-CCC.    WIRELESS  TELEPHONE  DISCLOSURE. 1. SHORT TITLE.   THIS
SECTION SHALL BE KNOWN AND MAY BE CITED AS THE "WIRELESS TELEPHONE RIGHT
TO KNOW LAW".
  2. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING WORDS AND TERMS
SHALL HAVE THE FOLLOWING MEANINGS UNLESS THE CONTEXT  INDICATES  ANOTHER
OR DIFFERENT MEANING OR INTENT:
  (A) "DEPARTMENT" MEANS THE DEPARTMENT OF STATE.
  (B)  "DISPLAY  MATERIALS" MEANS INFORMATIONAL OR PROMOTIONAL MATERIALS
POSTED ADJACENT TO A SAMPLE WIRELESS TELEPHONE OR TELEPHONES ON  DISPLAY
AT  THE  RETAIL LOCATION THAT DESCRIBE OR LIST THE FEATURES OF THE WIRE-
LESS TELEPHONE. SUCH TERM SHALL NOT INCLUDE ANY TAG,  STICKER  OR  DECAL
ATTACHED TO A WIRELESS TELEPHONE BY THE MANUFACTURER, THE MANUFACTURER'S
PACKAGING FOR A WIRELESS TELEPHONE OR MATERIALS THAT LIST ONLY THE PRICE
AND AN IDENTIFIER FOR THE WIRELESS TELEPHONE.
  (C) "SECRETARY" MEANS THE SECRETARY OF STATE.
  (D)  "WIRELESS  TELEPHONE"  MEANS  A WIRELESS COMMUNICATIONS DEVICE AS
DEFINED IN SUBDIVISION NINE OF SECTION THREE HUNDRED ONE OF  THE  COUNTY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00985-03-2

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