S T A T E   O F   N E W   Y O R K
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                                 1127--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- 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  smart  phone
  antitheft protection

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. The legislature finds that:
  (a) According to the Federal Communications Commission (FCC),  one  in
three  robberies  in  the  United  States involves the theft of a mobile
device, making it the number one property crime in the country. Many  of
these  robberies  often  turn violent with some resulting in the loss of
life.
  (b) The FCC estimates that between thirty to forty percent  of  United
States  street  theft involves a mobile device. In fact, more than forty
percent of all robberies in New York city involve smartphones and  other
cell phones.
  (c)  Consumer  reports  projects  that 1.6 million Americans had their
smartphones stolen in 2012.
  (d) According to the New York Times, one hundred thirteen  smartphones
are lost or stolen every minute in the United States.
  (e)  Major cities are home to the highest concentrations of cell phone
theft, and officials in New York and California have been pushing for  a
cellphone kill switch in those states since April 2012. According to New
York state attorney general, Eric Schneiderman, the United States Senate
proposal  would force the mobile industry to "stop dragging its feet and
join us in protecting consumers."
  (f) In April of 2012, U.S. senator Charles Schumer,  D-New  York,  and
New  York  city  police  commissioner Ray Kelly announced that the major

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02209-02-6
              

S. 1127--A                          2

U.S.  cell phone carriers and the Federal Communications Commission have
agreed to set up a national database to track  reported  stolen  phones.
Senator  Schumer  also  introduced a bill called the mobile device theft
deterrence act, which proposes a five-year prison sentence for tampering
with the ID numbers of a stolen cell phone.
  (g)  According  to  press  reports,  the  international trafficking of
stolen smartphones by organized criminal organizations has  grown  expo-
nentially  in  recent  years  because  of  how  profitable the trade has
become.
  (h) Replacement of lost and stolen mobile  devices  was  an  estimated
thirty-billion-dollar business in 2012 according to studies conducted by
mobile  communications security experts. Additionally, industry publica-
tions indicate that the four  largest  providers  of  commercial  mobile
radio  services  made  an  estimated seven billion eight hundred million
dollars from theft and loss insurance products in 2013.
  (i) Technological solutions that render stolen  mobile  communications
devices  useless  already exist, but the industry has been slow to adopt
them.
  (j) In order to be effective, these technological solutions need to be
ubiquitous, as thieves cannot distinguish between those  mobile  devices
that  have the solutions enabled and those that do not. As a result, the
technological solution should be able to withstand a hard reset or oper-
ating system downgrade, and be enabled by default, with consumers  being
given the option to affirmatively elect to disable this protection.
  (k)  Manufacturers  of  mobile  devices  and  commercial  mobile radio
service providers should make efforts to protect  their  customers  from
being targeted as a result of purchasing their products and services.
  (l) It is the intent of the legislature to require all smartphones and
other mobile devices offered for sale in New York to come with a techno-
logical solution enabled in order to deter theft and protect consumers.
  S  2. The general business law is amended by adding a new section 399-
zzzz to read as follows:
  S 399-ZZZZ. SMART PHONE ANTITHEFT PROTECTION. 1.  FOR THE PURPOSES  OF
THIS  SECTION,  "SMART  PHONE"  MEANS  A  CELLULAR PHONE OR OTHER MOBILE
DEVICE THAT: (A) IS BUILT ON A SMART PHONE MOBILE OPERATING SYSTEM;  (B)
POSSESSES ADVANCED COMPUTING CAPABILITY; (C) ENABLES NETWORK CONNECTIVI-
TY; AND (D) IS CAPABLE OF OPERATING ON A LONG-TERM EVOLUTION NETWORK AND
SUCCESSOR  WIRELESS DATA NETWORK COMMUNICATION STANDARDS. CAPABILITIES A
SMART PHONE MAY POSSESS INCLUDE, BUT ARE NOT LIMITED TO, BUILT-IN APPLI-
CATIONS, INTERNET ACCESS, DIGITAL VOICE SERVICE, TEXT MESSAGING, E-MAIL,
AND WEB BROWSING. "SMART  PHONE"  DOES  NOT  INCLUDE  A  PHONE  COMMONLY
REFERRED TO AS A FEATURE OR MESSAGING PHONE, A LAPTOP COMPUTER, A TABLET
DEVICE, OR A DEVICE THAT HAS ONLY ELECTRONIC READING CAPABILITY.
  2.  ANY NEW SMART PHONE MANUFACTURED ON OR AFTER JULY FIRST, TWO THOU-
SAND SEVENTEEN, SOLD OR PURCHASED IN THIS STATE MUST  BE  EQUIPPED  WITH
PRELOADED  ANTITHEFT  FUNCTIONALITY  OR  BE  CAPABLE OF DOWNLOADING THAT
FUNCTIONALITY. THE FUNCTIONALITY MUST BE AVAILABLE TO PURCHASERS  AT  NO
COST.
  3.  WIRELESS  TELECOMMUNICATIONS  EQUIPMENT  MANUFACTURERS,  OPERATING
SYSTEMS PROVIDERS, AND  WIRELESS  TELECOMMUNICATIONS  SERVICE  PROVIDERS
SHALL EITHER INDIVIDUALLY OR JOINTLY, BY JANUARY FIFTEENTH, TWO THOUSAND
SEVENTEEN, SUBMIT A REPORT TO THE CHAIRS AND RANKING MINORITY MEMBERS OF
THE  LEGISLATIVE  COMMITTEES WITH PRIMARY JURISDICTION OVER TELECOMMUNI-
CATION ISSUES. THE REPORT SHALL DESCRIBE THE PRINCIPAL  FUNCTIONS  OF  A
TOOL  THAT  MANUFACTURERS AND OPERATING SYSTEM PROVIDERS WILL UTILIZE ON
NEW MODELS OF SMART PHONES IN ORDER TO COMPLY WITH  SUBDIVISION  ONE  OF

S. 1127--A                          3

THIS  SECTION, AND MUST DESCRIBE THE TECHNOLOGY OR FUNCTIONS INCLUDED TO
ENSURE THE BASELINE ANTITHEFT TOOL IS  EASILY  OPERABLE  BY  INDIVIDUALS
WITH DISABILITIES.
  4.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
  (A) "CMRS PROVIDER" MEANS A PROVIDER OF COMMERCIAL RADIO  SERVICE,  AS
DEFINED  IN  UNITED STATES CODE, TITLE 47, SECTION 332, AND INCLUDES ITS
AUTHORIZED DEALERS.
  (B) "INTERNET MARKETPLACE" OR  "ONLINE  PLATFORM"  MEANS  A  DIGITALLY
ACCESSIBLE  PLATFORM  THAT  FACILITATES  COMMERCIAL TRANSACTIONS BETWEEN
BUYERS AND COMMUNITY-RATED SELLERS WHERE THE OPERATOR  OR  THE  PLATFORM
DOES NOT TAKE POSSESSION OF, OR TITLE TO, THE GOODS BOUGHT OR SOLD.
  (C)  "LAW  ENFORCEMENT  AGENCY"  OR  "AGENCY"  MEANS A DULY AUTHORIZED
MUNICIPAL, COUNTY, CAMPUS, TRANSIT, PARK, STATE, OR FEDERAL LAW ENFORCE-
MENT AGENCY.
  (D) "REPAIR AND REFURBISHMENT PROGRAM" MEANS A PROGRAM, OFFERED  BY  A
CMRS PROVIDER, MANUFACTURER, OR RETAILER WHO IS NOT PRIMARILY ENGAGED IN
PURCHASING  PERSONAL  PROPERTY  OF  ANY  TYPE FROM A PERSON WHO IS NOT A
WHOLESALER, THROUGH WHICH USED OR  PREVIOUSLY  OWNED  WIRELESS  COMMUNI-
CATIONS DEVICES ARE RESTORED TO GOOD WORKING ORDER.
  (E)  "TRADE-IN  PROGRAM"  MEANS  A PROGRAM OFFERED BY A CMRS PROVIDER,
MANUFACTURER, OR RETAILER WHO IS NOT  PRIMARILY  ENGAGED  IN  PURCHASING
PERSONAL  PROPERTY  OF  ANY  TYPE FROM A PERSON WHO IS NOT A WHOLESALER,
PURSUANT TO WHICH USED WIRELESS COMMUNICATIONS DEVICES ARE ACCEPTED FROM
CUSTOMERS IN EXCHANGE FOR EITHER: (1) A NONCASH CREDIT USABLE  ONLY  FOR
THE  PURCHASE OF GOODS OR SERVICES FROM THE CMRS PROVIDER, MANUFACTURER,
OR RETAILER; OR (2) A REBATE FROM A MANUFACTURER ON THE PURCHASE OF  ONE
OF THE MANUFACTURER'S WIRELESS COMMUNICATIONS DEVICES.
  (F) "WIRELESS COMMUNICATIONS DEVICE DEALER" OR "DEALER" MEANS AN INDI-
VIDUAL,  PARTNERSHIP,  LIMITED  PARTNERSHIP,  LIMITED LIABILITY COMPANY,
CORPORATION, OR OTHER ENTITY ENGAGED IN THE BUSINESS OF BUYING OR  SELL-
ING USED WIRELESS COMMUNICATIONS DEVICES.
  (G)  "WIRELESS  COMMUNICATIONS  DEVICE MANUFACTURER" OR "MANUFACTURER"
MEANS AN INDIVIDUAL, PARTNERSHIP, LIMITED PARTNERSHIP, LIMITED LIABILITY
COMPANY, CORPORATION, OR OTHER ENTITY ENGAGED IN THE BUSINESS  OF  MANU-
FACTURING WIRELESS COMMUNICATIONS DEVICES.
  5.  (A)  EVERY  WIRELESS  COMMUNICATIONS  DEVICE  DEALER, INCLUDING AN
AGENT, EMPLOYEE, OR REPRESENTATIVE OF THE DEALER, BUT  NOT  AN  INTERNET
MARKETPLACE, SHALL KEEP A WRITTEN RECORD AT THE TIME OF EACH PURCHASE OR
ACQUISITION  OF  A  USED  WIRELESS COMMUNICATIONS DEVICE FOR RESALE. THE
RECORD SHALL INCLUDE THE FOLLOWING AND MAY BE KEPT IN ELECTRONIC FORM:
  (1) AN ACCURATE ACCOUNT OR DESCRIPTION OF THE WIRELESS  COMMUNICATIONS
DEVICE PURCHASED OR ACQUIRED;
  (2)  THE  DATE,  TIME,  AND  PLACE OR THE ONLINE PLATFORM THE WIRELESS
COMMUNICATIONS DEVICE WAS PURCHASED OR ACQUIRED;
  (3) THE NAME AND ADDRESS OF THE PERSON SELLING OR DELIVERING THE WIRE-
LESS COMMUNICATIONS DEVICE;
  (4) THE NUMBER OF THE CHECK OR ELECTRONIC TRANSFER  USED  TO  PURCHASE
THE WIRELESS COMMUNICATIONS DEVICE;
  (5)  THE NUMBER OF THE SELLER'S DRIVER'S LICENSE, NEW YORK STATE IDEN-
TIFICATION CARD NUMBER, OR OTHER IDENTIFICATION NUMBER FROM AN IDENTIFI-
CATION DOCUMENT ISSUED BY ANY STATE, FEDERAL, OR FOREIGN  GOVERNMENT  IF
THE  DOCUMENT  INCLUDES  THE PERSON'S PHOTOGRAPH, FULL NAME, BIRTH DATE,
AND SIGNATURE; AND
  (6) A STATEMENT SIGNED  BY  THE  SELLER,  UNDER  PENALTY  OF  PERJURY,
ATTESTING  THAT  THE WIRELESS COMMUNICATIONS DEVICE IS NOT STOLEN AND IS

S. 1127--A                          4

FREE OF ANY LIENS OR ENCUMBRANCES AND THE SELLER HAS THE RIGHT  TO  SELL
IT.
  (B)  RECORDS REQUIRED TO BE MAINTAINED UNDER THIS SUBDIVISION SHALL BE
RETAINED BY THE WIRELESS COMMUNICATIONS DEVICE DEALER FOR  A  PERIOD  OF
THREE YEARS.
  (C)  THE  RECORD,  AS  WELL  AS  THE  WIRELESS  COMMUNICATIONS  DEVICE
PURCHASED OR RECEIVED, SHALL AT ALL REASONABLE TIMES  BE  AVAILABLE  FOR
INSPECTION BY ANY LAW ENFORCEMENT AGENCY.
  (D)   NO  RECORD  IS  REQUIRED  FOR  WIRELESS  COMMUNICATIONS  DEVICES
PURCHASED FROM MERCHANTS, MANUFACTURERS, OR WHOLESALE DEALERS HAVING  AN
ESTABLISHED  PLACE  OF BUSINESS, BUT A BILL OF SALE OR OTHER EVIDENCE OF
OPEN OR LEGITIMATE PURCHASE OF THE WIRELESS COMMUNICATIONS DEVICE  SHALL
BE OBTAINED AND KEPT BY THE WIRELESS COMMUNICATIONS DEVICE DEALER, WHICH
SHALL BE SHOWN UPON DEMAND TO ANY LAW ENFORCEMENT AGENCY.
  (E)  EXCEPT  AS  OTHERWISE  PROVIDED  IN  THIS SUBDIVISION, A WIRELESS
COMMUNICATIONS DEVICE DEALER OR THE DEALER'S AGENT, EMPLOYEE, OR  REPRE-
SENTATIVE  MAY  NOT  DISCLOSE  PERSONAL INFORMATION RECEIVED PURSUANT TO
PARAGRAPH (A) OF THIS SUBDIVISION  CONCERNING  A  CUSTOMER  WITHOUT  THE
CUSTOMER'S  CONSENT  UNLESS  THE  DISCLOSURE  IS  MADE  IN RESPONSE TO A
REQUEST FROM A LAW ENFORCEMENT AGENCY. A WIRELESS COMMUNICATIONS  DEVICE
DEALER  SHALL IMPLEMENT REASONABLE SAFEGUARDS TO PROTECT THE SECURITY OF
THE PERSONAL INFORMATION AND PREVENT UNAUTHORIZED ACCESS TO  OR  DISCLO-
SURE  OF  THE  INFORMATION.  FOR  PURPOSES  OF THIS PARAGRAPH, "PERSONAL
INFORMATION" IS ANY INDIVIDUALLY IDENTIFIABLE  INFORMATION  GATHERED  IN
CONNECTION WITH A RECORD UNDER PARAGRAPH (A) OF THIS SUBDIVISION.
  6.  A  WIRELESS  COMMUNICATIONS  DEVICE  DEALER,  INCLUDING  AN AGENT,
EMPLOYEE, OR REPRESENTATIVE OF THE DEALER, SHALL NOT:
  (A) MAKE ANY FALSE ENTRY IN THE RECORDS OF  TRANSACTIONS  INVOLVING  A
USED WIRELESS COMMUNICATIONS DEVICE;
  (B) FALSIFY, OBLITERATE, DESTROY, OR REMOVE FROM THE PLACE OF BUSINESS
THE RECORDS, BOOKS, OR ACCOUNTS RELATING TO USED WIRELESS COMMUNICATIONS
DEVICE TRANSACTIONS;
  (C)  REFUSE TO ALLOW THE APPROPRIATE LAW ENFORCEMENT AGENCY TO INSPECT
RECORDS OR ANY USED  WIRELESS  COMMUNICATIONS  DEVICE  IN  THE  DEALER'S
POSSESSION DURING THE ORDINARY HOURS OF BUSINESS OR OTHER TIMES ACCEPTA-
BLE TO BOTH PARTIES;
  (D)  FAIL  TO  MAINTAIN  A RECORD OF EACH USED WIRELESS COMMUNICATIONS
DEVICE TRANSACTION FOR THREE YEARS; OR
  (E) PURCHASE A USED WIRELESS COMMUNICATIONS DEVICE FROM A PERSON UNDER
EIGHTEEN YEARS OF AGE.
  7. A WIRELESS COMMUNICATIONS DEVICE DEALER SHALL PAY FOR PURCHASES  OF
ALL  USED  WIRELESS COMMUNICATIONS DEVICES BY CHECK MAILED TO A SPECIFIC
ADDRESS OR BY ELECTRONIC TRANSFER.
  8. (A) WHENEVER A LAW ENFORCEMENT OFFICIAL FROM ANY AGENCY HAS  PROBA-
BLE  CAUSE  TO  BELIEVE  THAT  A  WIRELESS  COMMUNICATIONS DEVICE IN THE
POSSESSION OF A WIRELESS COMMUNICATIONS DEVICE DEALER IS  STOLEN  OR  IS
EVIDENCE  OF  A  CRIME AND NOTIFIES THE DEALER NOT TO SELL THE ITEM, THE
DEALER SHALL NOT: (1) PROCESS OR SELL THE ITEM; OR (2) REMOVE  OR  ALLOW
ITS REMOVAL FROM THE PREMISES. THIS INVESTIGATIVE HOLD MUST BE CONFIRMED
IN  WRITING  BY THE ORIGINATING AGENCY WITHIN SEVENTY-TWO HOURS AND WILL
REMAIN IN EFFECT FOR THIRTY DAYS FROM THE DATE OF INITIAL  NOTIFICATION,
UNTIL  THE  INVESTIGATIVE  HOLD  IS  CANCELED OR RENEWED, OR UNTIL A LAW
ENFORCEMENT NOTIFICATION  TO  CONFISCATE  OR  DIRECTIVE  TO  RELEASE  IS
ISSUED, WHICHEVER COMES FIRST.
  (B)  IF A WIRELESS COMMUNICATIONS DEVICE IS IDENTIFIED AS STOLEN OR AS
EVIDENCE IN A CRIMINAL CASE, A LAW ENFORCEMENT OFFICIAL MAY:

S. 1127--A                          5

  (1) PHYSICALLY  CONFISCATE  AND  REMOVE  THE  WIRELESS  COMMUNICATIONS
DEVICE  FROM  THE  WIRELESS  COMMUNICATIONS DEVICE DEALER, PURSUANT TO A
WRITTEN NOTIFICATION;
  (2)  PLACE  THE  WIRELESS  COMMUNICATIONS DEVICE ON HOLD OR EXTEND THE
HOLD UNDER PARAGRAPH (A) OF THIS SUBDIVISION, AND LEAVE  THE  DEVICE  AT
THE PREMISES; OR
  (3) DIRECT ITS RELEASE TO A REGISTERED OWNER OR OWNER'S AGENT.
  (C)  WHEN  AN ITEM IS CONFISCATED, THE LAW ENFORCEMENT AGENCY DOING SO
SHALL PROVIDE IDENTIFICATION UPON REQUEST OF THE WIRELESS COMMUNICATIONS
DEVICE DEALER, AND SHALL PROVIDE THE NAME AND TELEPHONE  NUMBER  OF  THE
CONFISCATING AGENCY AND INVESTIGATOR, AND THE CASE NUMBER RELATED TO THE
CONFISCATION.
  (D) A WIRELESS COMMUNICATIONS DEVICE DEALER MAY REQUEST SEIZED PROPER-
TY BE RETURNED.
  (E)  WHEN  AN  INVESTIGATIVE  HOLD OR NOTIFICATION TO CONFISCATE IS NO
LONGER NECESSARY, THE LAW ENFORCEMENT OFFICIAL OR DESIGNEE SHALL  NOTIFY
THE WIRELESS COMMUNICATIONS DEVICE DEALER.
  (F)  A  WIRELESS  COMMUNICATIONS  DEVICE  DEALER MAY SELL OR OTHERWISE
DISPOSE OF THE WIRELESS COMMUNICATIONS DEVICE IF:
  (1) A NOTIFICATION TO CONFISCATE IS NOT  ISSUED  DURING  THE  INVESTI-
GATIVE HOLD; OR
  (2) A LAW ENFORCEMENT OFFICIAL DOES NOT PHYSICALLY REMOVE THE WIRELESS
COMMUNICATIONS  DEVICE  FROM  THE  PREMISES WITHIN FIFTEEN CALENDAR DAYS
FROM ISSUANCE OF A NOTIFICATION TO CONFISCATE.
  (G) IF A WIRELESS COMMUNICATIONS DEVICE DEALER IS REQUIRED TO  HOLD  A
WIRELESS  COMMUNICATIONS  DEVICE AT THE DIRECTION OF LAW ENFORCEMENT FOR
PURPOSES OF INVESTIGATION OR PROSECUTION, OR IF THE DEVICE IS SEIZED  BY
LAW ENFORCEMENT, THE WIRELESS COMMUNICATIONS DEVICE DEALER AND ANY OTHER
VICTIM  IS  ENTITLED  TO  SEEK  RESTITUTION, INCLUDING ANY OUT-OF-POCKET
EXPENSES FOR STORAGE AND LOST PROFIT, IN  ANY  CRIMINAL  CASE  THAT  MAY
ARISE  FROM  THE INVESTIGATION AGAINST THE INDIVIDUAL WHO SOLD THE WIRE-
LESS COMMUNICATIONS DEVICE TO THE WIRELESS COMMUNICATIONS DEVICE DEALER.
  9. (A) EACH WIRELESS COMMUNICATIONS DEVICE DEALER  SHALL  INSTALL  AND
MAINTAIN  AT  EACH  PHYSICAL  LOCATION VIDEO SURVEILLANCE CAMERAS, STILL
DIGITAL CAMERAS, OR SIMILAR DEVICES POSITIONED TO RECORD OR PHOTOGRAPH A
FRONTAL VIEW SHOWING A READILY IDENTIFIABLE IMAGE OF THE  FACE  OF  EACH
SELLER  OF  A  WIRELESS  COMMUNICATIONS  DEVICE  WHO ENTERS THE PHYSICAL
LOCATION.
  (B) THE VIDEO CAMERA OR STILL DIGITAL CAMERA SHALL BE KEPT IN  OPERAT-
ING  CONDITION  AND  MUST BE SHOWN UPON REQUEST TO A PROPERLY IDENTIFIED
LAW ENFORCEMENT OFFICER FOR INSPECTION.   THE  CAMERA  MUST  RECORD  AND
DISPLAY  THE  ACCURATE  DATE AND TIME. THE VIDEO CAMERA OR STILL DIGITAL
CAMERA MUST BE TURNED ON AT ALL TIMES WHEN THE PHYSICAL LOCATION IS OPEN
FOR BUSINESS AND AT ANY OTHER TIME WHEN WIRELESS COMMUNICATIONS  DEVICES
ARE PURCHASED OR SOLD.
  (C)  RECORDINGS  AND IMAGES REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVI-
SION SHALL BE RETAINED BY THE WIRELESS COMMUNICATIONS DEVICE DEALER  FOR
A MINIMUM PERIOD OF 30 DAYS AND SHALL AT ALL REASONABLE TIMES BE OPEN TO
THE INSPECTION OF ANY PROPERLY IDENTIFIED LAW ENFORCEMENT OFFICER.
  10.  A  WIRELESS COMMUNICATIONS DEVICE DEALER, OR THE AGENT, EMPLOYEE,
OR REPRESENTATIVE OF THE  WIRELESS  COMMUNICATIONS  DEVICE  DEALER,  WHO
INTENTIONALLY VIOLATES A PROVISION OF THIS SECTION IS GUILTY OF A MISDE-
MEANOR.
  11. (A) THIS SECTION SHALL NOT APPLY WITH RESPECT TO A WIRELESS COMMU-
NICATIONS DEVICE RETURNED TO THE STORE WHERE IT WAS ORIGINALLY PURCHASED

S. 1127--A                          6

PURSUANT  TO  THE  RETURN POLICIES OF THE WIRELESS COMMUNICATIONS DEVICE
DEALER, CMRS PROVIDER, MANUFACTURER, OR RETAILER.
  (B)  THIS  SECTION  SHALL  NOT APPLY WITH RESPECT TO WIRELESS COMMUNI-
CATIONS DEVICES ACQUIRED BY A: (1) CMRS PROVIDER AS PART OF  A  TRADE-IN
OR  A  REPAIR  AND  REFURBISHMENT PROGRAM; (2) MANUFACTURER AS PART OF A
TRADE-IN PROGRAM; OR (3) RETAILER WHOSE TRADE-IN PROGRAM: (I) REPORTS TO
OTHER NATIONAL OR REGIONAL TRANSACTION REPORTING DATABASE  AVAILABLE  TO
LAW ENFORCEMENT; OR (II) REPORTS AS REQUIRED BY LOCAL ORDINANCE.
  S  3.  This  act  shall take effect January 1, 2017 and shall apply to
smart phone sales made on or after that date.