Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 26, 2014 |
print number 5576a |
Mar 26, 2014 |
amend and recommit to consumer protection |
Jan 08, 2014 |
referred to consumer protection |
May 22, 2013 |
referred to consumer protection |
Senate Bill S5576
2013-2014 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2013-S5576 - Details
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add Art 39-H §899-aaaa, Gen Bus L
2013-S5576 - 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
2013-S5576 - Bill Text download pdf
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
2013-S5576A (ACTIVE) - Details
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add Art 39-H §899-aaaa, Gen Bus L
2013-S5576A (ACTIVE) - Sponsor Memo
BILL NUMBER:S5576A 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, 2015. JUSTIFICATION:
2013-S5576A (ACTIVE) - Bill Text download pdf
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: 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11209-02-4
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