S T A T E O F N E W Y O R K
________________________________________________________________________
8006
2011-2012 Regular Sessions
I N A S S E M B L Y
May 25, 2011
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Consumer Affairs and Protection
AN ACT to amend the public service law, in relation to instituting iden-
tification requirements for the purchase of pre-paid mobile devices
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "Pre-Paid Mobile Device Identification Act".
S 2. The public service law is amended by adding a new section 92-g to
read as follows:
S 92-G. PRE-PAID MOBILE DEVICE IDENTIFICATION. 1. DEFINITIONS. AS
USED IN THIS SECTION:
A. THE TERM "AUTHORIZED RESELLER" MEANS ANY PERSON AUTHORIZED BY
(I) A MANUFACTURER TO SELL THE MANUFACTURER'S MOBILE DEVICES OR SIM
CARDS; OR
(II) A WIRELESS COMMUNICATIONS SERVICE SUPPLIER TO SELL PRE-PAID
MOBILE DEVICES OR SIM CARDS TO WHICH THE WIRELESS COMMUNICATIONS SERVICE
SUPPLIER WILL PROVIDE WIRELESS CELLULAR SERVICE;
B. THE TERM "PRE-PAID MOBILE DEVICE" MEANS ANY CELLULAR PHONE OR SIMI-
LAR WIRELESS COMMUNICATION DEVICE FOR WHICH THE MOBILE DEVICE USER
PURCHASES A SET ALLOTMENT OF WIRELESS COMMUNICATION SERVICE;
C. THE TERM "SIM CARD" MEANS A SUBSCRIBER IDENTITY MODULE OR FUNC-
TIONALLY EQUIVALENT DATA STORAGE DEVICE; AND
D. THE TERM "WIRELESS COMMUNICATIONS SERVICE" MEANS ALL COMMERCIAL
MOBILE SERVICES, AS THAT TERM IS DEFINED IN SECTION 332(D) OF TITLE 47,
UNITED STATES CODE, AS AMENDED FROM TIME TO TIME, INCLUDING, BUT NOT
LIMITED TO, ALL BROADBAND PERSONAL COMMUNICATIONS SERVICES, WIRELESS
RADIO TELEPHONE SERVICES, GEOGRAPHIC AREA SPECIALIZED AND ENHANCED
SPECIALIZED MOBILE RADIO SERVICES, AND INCUMBENT-WIDE AREA SPECIALIZED
MOBILE RADIO LICENSEES, WHICH OFFER REAL TIME, TWO-WAY VOICE OR DATA
SERVICE THAT IS INTERCONNECTED WITH THE PUBLIC SWITCHED TELEPHONE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11477-02-1
A. 8006 2
NETWORK OR OTHERWISE PROVIDES ACCESS TO EMERGENCY COMMUNICATIONS
SERVICES.
E. THE TERM "WIRELESS COMMUNICATIONS SERVICE SUPPLIER" MEANS ANY
COMMERCIAL ENTITY THAT OPERATES A WIRELESS COMMUNICATIONS SERVICE IN NEW
YORK STATE.
2. IDENTIFICATION REQUIREMENT. PRIOR TO THE COMPLETION OF ANY SALE OF
A PRE-PAID MOBILE DEVICE OR SIM CARD TO A PURCHASER, AN AUTHORIZED
RESELLER SHALL REQUIRE THE PURCHASER TO PROVIDE THE FOLLOWING INFORMA-
TION:
A. THE FULL NAME OF THE PURCHASER;
B. THE COMPLETE HOME ADDRESS OF THE PURCHASER; AND
C. THE DATE OF BIRTH OF THE PURCHASER.
3. IDENTIFICATION VERIFICATION. A. AN AUTHORIZED RESELLER MAKING A
SALE TO A PURCHASER IN PERSON SHALL VERIFY THE PURCHASER INFORMATION
PROVIDED UNDER SUBDIVISION TWO OF THIS SECTION BY REQUIRING THE PURCHAS-
ER TO DISPLAY:
(I) A PHOTOGRAPHIC IDENTIFICATION CARD ISSUED BY A FEDERAL OR STATE
GOVERNMENT, OR A DOCUMENT CONSIDERED ACCEPTABLE FOR PURPOSES OF SUBPARA-
GRAPHS (B), (C), OR (D) OF SECTION 274A(B)(1) OF THE IMMIGRATION AND
NATIONALITY ACT (8 U.S.C. 1324A(B)(1)); OR
(II) ANY TWO OF THE FOLLOWING DOCUMENTS:
(A) A FORM W-2 WAGE AND TAX STATEMENT RECEIVED FROM THE INTERNAL
REVENUE SERVICE, PROVIDED THAT SUCH FORM HAS BEEN RECEIVED FROM THE
INTERNAL REVENUE SERVICE WITHIN THE PRIOR EIGHTEEN MONTHS;
(B) A FORM 1099 SOCIAL SECURITY BENEFIT STATEMENT RECEIVED FROM THE
SOCIAL SECURITY ADMINISTRATION, PROVIDED THAT SUCH FORM HAS BEEN
RECEIVED FROM THE SOCIAL SECURITY ADMINISTRATION WITHIN THE PRIOR EIGH-
TEEN MONTHS;
(C) A FORM 1099 RECEIVED FROM ANY OTHER AGENCY OF THE FEDERAL GOVERN-
MENT OTHER THAN THE SOCIAL SECURITY ADMINISTRATION, INCLUDING THE INTER-
NAL REVENUE SERVICE, PROVIDED THAT SUCH FORM HAS BEEN RECEIVED WITHIN
THE PRIOR EIGHTEEN MONTHS; OR
(D) ANY DOCUMENT CONTAINING PERSONAL IDENTIFYING INFORMATION THAT THE
COMMISSIONER FINDS, BY REGULATION, TO BE ACCEPTABLE FOR PURPOSES OF THIS
SUBDIVISION.
B. AN AUTHORIZED RESELLER MAKING A SALE TO A PURCHASER NOT IN PERSON
SHALL VERIFY THE PURCHASER INFORMATION PROVIDED UNDER SUBDIVISION TWO OF
THIS SECTION BY REQUIRING THE PURCHASER TO SUBMIT THE FOLLOWING:
(I) VALID CREDIT OR DEBIT CARD ACCOUNT INFORMATION;
(II) SOCIAL SECURITY NUMBER;
(III) DRIVER'S LICENSE NUMBER; AND
(IV) ANY OTHER PERSONAL IDENTIFYING INFORMATION THAT THE COMMISSIONER
FINDS, BY REGULATION, TO BE NECESSARY FOR PURPOSES OF THIS SUBDIVISION.
4. RECORD MAKING REQUIREMENT. UPON COMPLETION OF A SALE OF A PRE-PAID
MOBILE DEVICE OR SIM CARD, AN AUTHORIZED RESELLER SHALL MAKE A RECORD OF
THE SALE THAT INCLUDES THE FOLLOWING INFORMATION:
A. THE INFORMATION OBTAINED FROM THE PURCHASER UNDER SUBDIVISION TWO
OF THIS SECTION, AND, IF APPLICABLE, THE INFORMATION SUBMITTED BY THE
PURCHASER UNDER PARAGRAPH B OF SUBDIVISION THREE OF THIS SECTION;
B. THE DATE OF SALE OF THE PRE-PAID MOBILE DEVICE OR SIM CARD;
C. THE MANUFACTURER OF THE PRE-PAID MOBILE DEVICE OR SIM CARD;
D. THE WIRELESS CARRIER THAT WILL PROVIDE WIRELESS COMMUNICATION
SERVICE TO THE PRE-PAID MOBILE DEVICE OR SIM CARD;
E. ANY ASSIGNED TELEPHONE NUMBER OR OTHER SUBSCRIBER OR ACCOUNT IDEN-
TIFIER KNOWN AT THE TIME OF PURCHASE; AND
A. 8006 3
F. ANY OF THE FOLLOWING, IF APPLICABLE TO THE PRE-PAID MOBILE DEVICE
OR SIM CARD:
(I) INTERNATIONAL MOBILE EQUIPMENT IDENTIFIER NUMBER;
(II) ELECTRONIC SERIAL NUMBER;
(III) MOBILE EQUIPMENT IDENTIFIER;
(IV) INTERNATIONAL MOBILE SUBSCRIBER IDENTIFIER;
(V) MACHINE ADDRESS CODE.
5. RECORD TRANSMISSION REQUIREMENT. A. NOT LATER THAN THIRTY DAYS
AFTER THE SALE OF A PRE-PAID MOBILE DEVICE OR SIM CARD, AN AUTHORIZED
RESELLER SHALL TRANSMIT THE RECORD OF THE SALE MADE IN ACCORDANCE WITH
SUBDIVISION FOUR OF THIS SECTION TO THE WIRELESS CARRIER THAT WILL
PROVIDE WIRELESS COMMUNICATION SERVICE TO THE PRE-PAID MOBILE DEVICE OR
SIM CARD.
B. IN COMPLYING WITH THE REQUIREMENTS OF PARAGRAPH A OF THIS SUBDIVI-
SION, AN AUTHORIZED RESELLER MAY TRANSMIT THE SALE RECORD TO THE WIRE-
LESS CARRIER BY MEANS OF SECURE ELECTRONIC TRANSMISSION.
6. RECORDKEEPING REQUIREMENT. AFTER AN AUTHORIZED RESELLER HAS TRANS-
MITTED THE SALE RECORD TO THE WIRELESS CARRIER IN ACCORDANCE WITH SUBDI-
VISION FIVE OF THIS SECTION, A WIRELESS CARRIER SHALL:
A. PROVIDE A TRANSMISSION CONFIRMATION RECEIPT TO THE AUTHORIZED
RESELLER, AFTER THE RECEIPT OF WHICH THE AUTHORIZED RESELLER SHALL
DISPOSE PROMPTLY OF ANY RETAINED COPY OF THE RECORD; AND
B. RETAIN THE TRANSMITTED SALE RECORD IN ACCORDANCE WITH THE PRIVACY
PROTECTIONS OF SECTION 222 OF THE FEDERAL COMMUNICATIONS ACT OF 1934 (47
U.S.C. 222) FOR A PERIOD OF EIGHTEEN MONTHS OR UNTIL THE WIRELESS CARRI-
ER STOPS OR OTHERWISE DISCONTINUES PROVIDING SERVICE TO THE PRE-PAID
MOBILE DEVICE OR SIM CARD TO WHICH THE SALE RECORD RELATES.
7. PENALTIES. A. A PURCHASER WHO PROVIDES FALSE OR MISLEADING INFORMA-
TION WHEN PROVIDING THE IDENTIFYING INFORMATION AND DOCUMENTS REQUIRED
UNDER SUBDIVISIONS TWO AND THREE OF THIS SECTION SHALL BE SUBJECT TO
CRIMINAL PENALTIES UNDER TITLE K OF THE PENAL LAW.
B. (I) AN AUTHORIZED RESELLER OR WIRELESS CARRIER WHO FAILS TO COMPLY
WITH THE REQUIREMENTS OF THIS SECTION SHALL BE SUBJECT TO A CIVIL FINE
OF FIFTY DOLLARS PER OFFENSE.
(II) EACH SEPARATE SALE OF A PRE-PAID MOBILE DEVICE OR SIM CARD FOR
WHICH PURCHASER IDENTIFICATION IS NOT REQUESTED OR VERIFIED IN ACCORD-
ANCE WITH SUBDIVISIONS TWO AND THREE OF THIS SECTION, OR FOR WHICH THE
REQUIRED RECORD IS NOT MADE OR MAINTAINED IN ACCORDANCE WITH SUBDIVISION
FOUR OR SIX OF THIS SECTION, SHALL CONSTITUTE A SEPARATE OFFENSE.
(III) FOR PURPOSES OF THIS SECTION: (A) A WIRELESS CARRIER IS NOT
RESPONSIBLE FOR AN OFFENSE OF AN AUTHORIZED RESELLER; AND (B) AN AUTHOR-
IZED RESELLER IS NOT RESPONSIBLE FOR AN OFFENSE OF A WIRELESS CARRIER.
8. RELATED OFFENSES. A. (I) IT SHALL BE UNLAWFUL FOR ANY PERSON WHO IS
NOT AN AUTHORIZED RESELLER TO SELL PREPAID MOBILE DEVICES OR SIM CARDS.
(II) ANY PERSON THAT VIOLATES THE PROHIBITION SET FORTH UNDER SUBPARA-
GRAPH (I) OF THIS PARAGRAPH SHALL BE FINED NOT MORE THAN FIVE HUNDRED
DOLLARS, IMPRISONED FOR NOT LESS THAN ONE YEAR, OR BOTH.
(III) THE COMMISSIONER SHALL ESTABLISH REGULATIONS REQUIRING MANUFAC-
TURERS AND AUTHORIZED RESELLERS TO NOTIFY PURCHASERS OF MOBILE DEVICES
AND SIM CARDS OF THE OFFENSE AND PENALTY ESTABLISHED BY THIS SECTION.
B. COMMISSION OF OTHER CRIMES. IF A PERSON USES A PRE-PAID MOBILE
DEVICE OR SIM CARD OBTAINED IN VIOLATION OF THIS SECTION TO COMMIT A
CRIMINAL OFFENSE, THE MINIMUM TERM OF IMPRISONMENT FOR SUCH OFFENSE THAT
IS REQUIRED BY STATUTE SHALL BE INCREASED BY ONE YEAR.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.