senate Bill S5576A

2013-2014 Legislative Session

Provides that no cell phone retailer shall sell or lease a cell phone in New York state which does not contain geofencing technology

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Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 26, 2014 print number 5576a
amend and recommit to consumer protection
Jan 08, 2014 referred to consumer protection
May 22, 2013 referred to consumer protection

S5576 - Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Add Art 39-H §899-aaaa, Gen Bus L

S5576 - Summary

Provides that on or after January 29, 2014, no cell phone retailer shall sell or lease a cell phone in New York state which does not contain geofencing technology which is activated and operational on such phone; defines terms; imposes civil penalties and fines.

S5576 - Sponsor Memo

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

S5576A (ACTIVE) - Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Add Art 39-H §899-aaaa, Gen Bus L

S5576A (ACTIVE) - Summary

Provides that on or after January 29, 2014, no cell phone retailer shall sell or lease a cell phone in New York state which does not contain geofencing technology which is activated and operational on such phone; defines terms; imposes civil penalties and fines.

S5576A (ACTIVE) - Sponsor Memo

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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