S T A T E O F N E W Y O R K
________________________________________________________________________
4408
2013-2014 Regular Sessions
I N S E N A T E
March 26, 2013
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Introduced by Sen. ADDABBO -- 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 prohibiting
providers of wireless telephone services from activating certain
mobile telephones
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. ACTIVATION OF CERTAIN MOBILE TELEPHONES. 1. A. NO PERSON,
FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY, CORPORATION,
OR OTHER BUSINESS WHO PROVIDES WIRELESS TELEPHONE SERVICE, AS SUCH TERM
IS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION TWELVE HUNDRED
TWENTY-FIVE-C OF THE VEHICLE AND TRAFFIC LAW, SHALL ACTIVATE A MOBILE
TELEPHONE, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION TWELVE
HUNDRED TWENTY-FIVE-C OF THE VEHICLE AND TRAFFIC LAW, UNLESS ALL
PERSONAL IDENTIFICATION INFORMATION OF ANY PREVIOUS OWNER OF SUCH MOBILE
TELEPHONE HAS BEEN REMOVED FROM THE NUMBER ASSIGNMENT MODULE OR THE
NUMBER ASSIGNMENT MODULE HAS BEEN REGISTERED TO THE PERSON ATTEMPTING TO
ACTIVATE SUCH MOBILE TELEPHONE.
B. IF AN OWNER OF A MOBILE TELEPHONE REPORTS HIS OR HER PHONE STOLEN
TO A SERVICE PROVIDER, SUCH SERVICE PROVIDER SHALL INCLUDE INFORMATION
ON THE NUMBER ASSIGNMENT MODULE INDICATING THAT SUCH PHONE HAS BEEN
STOLEN.
2. ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY
COMPANY, CORPORATION, OR OTHER BUSINESS WHOSE INFORMATION IS REGISTERED
TO THE NUMBER ASSIGNMENT MODULE OF A PARTICULAR MOBILE TELEPHONE, SHALL,
PRIOR TO SELLING AND/OR TRANSFERRING SUCH PHONE TO ANY OTHER PERSON,
CONTACT THE LAST PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABIL-
ITY COMPANY, CORPORATION, OR OTHER BUSINESS WHO PROVIDED WIRELESS TELE-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01035-01-3
S. 4408 2
PHONE SERVICE FOR SUCH TELEPHONE TO REMOVE ANY EXISTING PERSONAL IDEN-
TIFICATION INFORMATION FROM SUCH TELEPHONE.
3. FOR PURPOSES OF THIS SECTION, "NUMBER ASSIGNMENT MODULE" SHALL MEAN
THE ELECTRONIC MEMORY OF A MOBILE TELEPHONE WHICH STORES THE MOBILE
TELEPHONE NUMBER, AN ELECTRONIC SERIAL NUMBER AND OTHER INFORMATION
WHICH IS SPECIFIC TO THAT PARTICULAR MOBILE TELEPHONE AND THE REGISTERED
OWNER OF SUCH MOBILE TELEPHONE.
S 2. This act shall take effect immediately.