A5454A-2011 Actions

• Sep 4, 2012: enacting clause stricken
• Apr 24, 2012: print number 5454a
• Apr 24, 2012: amend (t) and recommit to consumer affairs and protection
• Jan 4, 2012: referred to consumer affairs and protection
• Feb 18, 2011: referred to consumer affairs and protection

A5454A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 5454--A
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 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
 
       A. 5454--A                          2
 LAW.  SUCH  TERM  SHALL  NOT INCLUDE A WIRELESS TELEPHONE DEVICE THAT IS
 INTEGRATED INTO THE ELECTRICAL ARCHITECTURE OF A MOTOR VEHICLE.
 (E)  "WIRELESS  TELEPHONE  RETAILER"  MEANS  ANY PERSON OR ENTITY THAT
 SELLS, LEASES, OR OFFERS FOR SALE OR LEASE, AT  RETAIL,  WIRELESS  TELE
 PHONES.  SUCH TERM SHALL NOT INCLUDE ANY PERSON SELLING OR LEASING WIRE
 LESS TELEPHONES:

 (I) OVER THE PHONE, BY MAIL OR OVER THE INTERNET; OR
 (II) DIRECTLY TO THE PUBLIC AT A CONVENTION, TRADE SHOW OR CONFERENCE,
 OR OTHERWISE SELLING OR LEASING  WIRELESS  TELEPHONES  DIRECTLY  TO  THE
 PUBLIC WITHIN THE STATE FOR FEWER THAN TEN DAYS IN A YEAR.
 (F)  "WIRELESS  TELEPHONE  SERVICE PROVIDER" MEANS A WIRELESS COMMUNI
 CATIONS SERVICE SUPPLIER AS DEFINED IN  SUBDIVISION  TWELVE  OF  SECTION
 THREE HUNDRED ONE OF THE COUNTY LAW.
 3.  REQUIREMENTS  FOR WIRELESS TELEPHONE SERVICE PROVIDERS.  ANY WIRE
 LESS TELEPHONE SERVICE PROVIDER THAT SELLS ITS SERVICE THROUGH  A  WIRE
 LESS TELEPHONE RETAILER IN THIS STATE SHALL PROVIDE A LIST OF THE RETAIL
 LOCATION OR LOCATIONS OF EACH SUCH RETAILER TO THE DEPARTMENT, IN A FORM
 DETERMINED  BY THE SECRETARY. THE WIRELESS SERVICE PROVIDER SHALL UPDATE
 SUCH LIST OF RETAILERS ANNUALLY. THE DEPARTMENT SHALL ADOPT  REGULATIONS
 GOVERNING THE FORM AND SUBMISSION OF SUCH LISTS.
 4.  REQUIREMENTS  FOR  WIRELESS  TELEPHONE  RETAILERS.  (A)  BEGINNING
 FIFTEEN DAYS AFTER THE DEPARTMENT ADOPTS THE REGULATIONS REQUIRED PURSU
 ANT TO SUBDIVISION FIVE OF THIS SECTION,  WIRELESS  TELEPHONE  RETAILERS
 SHALL  DISPLAY IN A PROMINENT LOCATION VISIBLE TO THE PUBLIC, WITHIN ITS
 RETAIL STORE, AN INFORMATIONAL POSTER DEVELOPED BY THE DEPARTMENT PURSU
 ANT TO SUBDIVISION FIVE OF THIS SECTION.
 (B) BEGINNING FIFTEEN DAYS AFTER THE DEPARTMENT ADOPTS THE REGULATIONS
 REQUIRED PURSUANT TO SUBDIVISION FIVE OF THIS  SECTION,  WIRELESS  TELE
 PHONE  RETAILERS SHALL PROVIDE, TO EVERY CUSTOMER THAT PURCHASES A WIRE
 LESS TELEPHONE, A FREE COPY OF AN INFORMATIONAL FACTSHEET  DEVELOPED  BY
 THE  DEPARTMENT  PURSUANT TO SUBDIVISION FIVE OF THIS SECTION. A COPY OF
 THIS FACTSHEET MUST ALSO BE PROVIDED TO ANY CUSTOMER  WHO  REQUESTS  IT,
 REGARDLESS OF WHETHER HE OR SHE PURCHASES A WIRELESS TELEPHONE.
 (C)  BEGINNING THIRTY DAYS AFTER THE DEPARTMENT ADOPTS THE REGULATIONS
 REQUIRED PURSUANT TO SUBDIVISION FIVE OF THIS  SECTION,  IF  A  WIRELESS
 TELEPHONE  RETAILER  POSTS  DISPLAY  MATERIALS IN CONNECTION WITH SAMPLE
 WIRELESS TELEPHONES ON DISPLAY, THE DISPLAY MATERIALS MUST  INCLUDE  THE
 FOLLOWING  THREE  INFORMATIONAL STATEMENTS THE CONTENTS, SIZE AND FORMAT
 OF WHICH, AS PRINTED, SHALL BE DETERMINED BY THE DEPARTMENT:

 (I) A STATEMENT EXPLAINING THAT WIRELESS TELEPHONES EMIT RADIOFREQUEN
 CY ENERGY THAT IS ABSORBED BY THE HEAD AND BODY;
 (II) A STATEMENT REFERENCING MEASURES TO REDUCE EXPOSURE TO  RADIOFRE
 QUENCY ENERGY FROM THE USE OF A WIRELESS TELEPHONE; AND
 (III) A STATEMENT THAT THE INFORMATIONAL FACTSHEET REFERENCED IN PARA
 GRAPH  (B)  OF THIS SUBDIVISION IS AVAILABLE FROM THE WIRELESS TELEPHONE
 RETAILER UPON REQUEST.
 (D) THE SECRETARY MAY, IN HIS OR HER DISCRETION, AUTHORIZE A  WIRELESS
 TELEPHONE  RETAILER  TO  USE ALTERNATE MEANS TO COMPLY WITH THE REQUIRE
 MENTS OF THIS SECTION. THE  SECRETARY  SHALL  AUTHORIZE  SUCH  ALTERNATE
 MEANS  THROUGH  THE  ADOPTION OF A REGULATION, AND NO WIRELESS TELEPHONE
 RETAILER MAY SELL OR LEASE WIRELESS TELEPHONES TO THE PUBLIC,  OR  OFFER
 TO  SELL  OR LEASE WIRELESS TELEPHONES TO THE PUBLIC USING ANY ALTERNATE
 MEANS OF COMPLIANCE WITH THIS SECTION UNLESS SPECIFICALLY AUTHORIZED  TO
 DO SO IN ADVANCE IN WRITING BY THE SECRETARY.
 
       A. 5454--A                          3
 5.  RULES  AND  REGULATIONS. (A) THE DEPARTMENT SHALL, IN CONSULTATION
 WITH THE DEPARTMENT OF HEALTH, DEVELOP AND MAKE  AVAILABLE  TO  WIRELESS
 TELEPHONE RETAILERS:

 (I)  INFORMATIONAL POSTERS, AS REFERENCED IN PARAGRAPH (A) OF SUBDIVI
 SION FOUR OF THIS SECTION;
 (II) INFORMATIONAL FACTSHEETS,  AS  REFERENCED  IN  PARAGRAPH  (B)  OF
 SUBDIVISION FOUR OF THIS SECTION; AND
 (III)  SETS  OF STATEMENTS THAT MUST BE INCLUDED IN DISPLAY MATERIALS,
 AS REFERENCED IN PARAGRAPH (C) OF SUBDIVISION FOUR OF THIS SECTION.
 (B) THE MATERIAL DEVELOPED PURSUANT TO THIS SUBDIVISION  SHALL  INFORM
 CONSUMERS  OF  ISSUES PERTAINING TO REDIOFREQUENCY ENERGY EMISSIONS FROM
 WIRELESS TELEPHONES AND ACTIONS THAT CAN BE TAKEN BY WIRELESS  TELEPHONE
 USERS TO MINIMIZE EXPOSURE TO REDIOFREQUENCY ENERGY, SUCH AS TURNING OFF
 WIRELESS  TELEPHONES WHEN NOT IN USE, USING A HEADSET AND SPEAKER PHONE,
 OR USING THE WIRELESS TELEPHONE TO SEND TEXT MESSAGES.
 (C) THE DEPARTMENT MAY BY REGULATION REQUIRE THE  INCLUSION  OF  ADDI
 TIONAL  INFORMATION  IN  THE POSTER, THE FACTSHEET AND/OR THE STATEMENTS
 REQUIRED IN CONNECTION WITH DISPLAY MATERIALS.
 (D) (I) THE DEPARTMENT SHALL ISSUE REGULATIONS, TO TAKE EFFECT FIFTEEN
 DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION SPECIFYING  THE  CONTENTS,
 SIZE  AND  FORMAT  FOR  THE  POSTER,  THE  FACTSHEET  AND THE STATEMENTS
 REQUIRED IN CONNECTION WITH  DISPLAY  MATERIALS  DEVELOPED  PURSUANT  TO
 PARAGRAPH  (A) OF THIS SUBDIVISION AND PROVIDE TEMPLATES OF THEM FOR USE
 BY WIRELESS TELEPHONE RETAILERS.
 (II) (A) THE INFORMATIONAL POSTER SHALL BE A MAXIMUM  SIZE  OF  ELEVEN
 INCHES BY SEVENTEEN INCHES;
 (B)  THE  INFORMATIONAL  FACTSHEET SHALL BE A MAXIMUM SIZE OF FIVE AND
 ONE-HALF INCHES BY ELEVEN INCHES (HALF-SHEET OF PAPER); AND
 (C) THE INFORMATIONAL STATEMENTS SHALL BE PRINTED IN A SPACE NO SMALL
 ER THAN ONE INCH BY TWO AND FIVE-EIGHTHS INCHES.
 (E) IN THE EVENT THAT THE SCIENTIFIC COMMUNITY OR THE FEDERAL COMMUNI
 CATIONS COMMISSION DEVELOPS A NEW METRIC TO MEASURE THE ACTUAL AMOUNT OF
 RADIOFREQUENCY AN AVERAGE USER WILL ABSORB FROM EACH MODEL  OF  WIRELESS
 TELEPHONE,  THE DEPARTMENT SHALL MAKE RECOMMENDATIONS TO THE LEGISLATURE
 FOR AMENDMENTS TO THIS SECTION TO REQUIRE NOTIFICATION TO THE PUBLIC  OF
 THIS METRIC AT THE POINT OF SALE.
 6.  PENALTIES. (A) ANY WIRELESS TELEPHONE SERVICE PROVIDER OR WIRELESS
 TELEPHONE RETAILER THAT VIOLATES THIS SECTION  SHALL  BE  SUBJECT  TO  A
 CIVIL  PENALTY  OF  NOT  MORE  THAN  ONE  HUNDRED  DOLLARS FOR THE FIRST
 VIOLATION, NOT MORE THAN  TWO  HUNDRED  FIFTY  DOLLARS  FOR  THE  SECOND
 VIOLATION,  AND  NOT  MORE  THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION
 THEREAFTER.
 (B) THE PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION MAY BE ENFORCED
 CONCURRENTLY BY THE DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS OFFICE, THE
 TOWN ATTORNEY, COUNTY ATTORNEY, THE CORPORATION COUNSEL OR OTHER  LAWFUL
 DESIGNEE OF A MUNICIPALITY OR LOCAL GOVERNMENT, AND ALL MONEYS COLLECTED
 PURSUANT  TO  THIS  PARAGRAPH  SHALL BE RETAINED BY SUCH MUNICIPALITY OR
 LOCAL GOVERNMENT.
 

S 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the  implementation of this act on its effective date is
 authorized and directed to be made  and  completed  on  or  before  such
 effective date.

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