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BILL NUMBER:S1480

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to radar and laser blocking devices

PURPOSE: This legislation prohibits the use of radar and laser blocking devices in all motor vehicles.

SUMMARY OF PROVISIONS: The Vehicle and Traffic Law (VTL) is amended by adding a new section 134-d to define radar or laser blocking device as any instrument designed to block or jam, by either mechanical or electrical means any radar or laser device used by a police officer to monitor vehicular speed.

Section 397-a of the VTL is amended to prohibit such devices.

JUSTIFICATION: Radar and laser blocking devices are marketed as a means to make your car electronically "invisible" to speed traps. The device is sold for the sole purpose of evading police speed-detecting equipment. Speeding tickets were handed out at a record pace last year in New York State and the affects of excess speed are sobering when you look at accident reports and Newspaper stories of lives lost.

New York State should join California, Minnesota, Oklahoma, Virginia, Nebraska and Washington D.0 all who have outlawed the use of radar and laser devices used to avoid detection by law enforcement agencies.

LEGISLATIVE HISTORY: S.6934-A of 2008 (Passed Senate). S.575 of 2009-10. S.957 of 2011/12 (Passed Senate).

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Text

STATE OF NEW YORK
________________________________________________________________________

1480

2011-2012 Regular Sessions

IN SENATE

January 7, 2011
___________

Introduced  by  Sens. PARKER, HASSELL-THOMPSON -- 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 and the public service law,  in
  relation to the provision of residential wireless telephone service

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "wireless telephone service consumer protection act".
  S  2.  Statement  of legislative findings and purpose. The legislature
finds that residential consumers in New York are offered the opportunity
to purchase wireless telephone service from a variety of service provid-
ers and that the conduct of such providers in  making  and  implementing
these offers varies widely. In many instances, consumers are required to
evaluate  service offerings without receiving a full and fair disclosure
of the terms of the service offering or an adequate  means  to  evaluate
the  offering in practice. The purpose of this legislation is to provide
a regulatory program for wireless telephone service provider conduct and
for the terms and conditions of such service other than the entry of  or
the rates charged by any such provider.
  S 3. The general business law is amended by adding a new section 398-e
to read as follows:
  S 398-E. DISCLOSURE, NOTIFICATION AND CONSUMER PROTECTION REQUIREMENTS
IN  WIRELESS  TELECOMMUNICATIONS CONSUMER TRANSACTIONS. 1.  DEFINITIONS.
FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS:
  (A)  "AUTHORIZED  RETAILER"  MEANS A RETAILER AUTHORIZED BY A WIRELESS
TELEPHONE SERVICE CARRIER, INCLUDING  RESELLERS  OF  WIRELESS  TELEPHONE
SERVICE PROVIDED BY A WIRELESS TELEPHONE SERVICE CARRIER, TO BE AN AGENT
OF SUCH WIRELESS TELEPHONE CARRIER OR RESELLER.
  (B) "BOARD" MEANS THE CONSUMER PROTECTION BOARD.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01759-01-1
S. 1480                             2

  (C) "DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF THE CONSUMER PROTECTION
BOARD.
  (D)  "ENHANCED  WIRELESS 911 SERVICE" MEANS THE SERVICE REQUIRED TO BE
PROVIDED BY WIRELESS TELEPHONE SERVICE PROVIDERS  PURSUANT  TO  THE  FCC
ORDER.
  (E)  "FCC ORDER" MEANS ALL ORDERS ISSUED BY THE FEDERAL COMMUNICATIONS
COMMISSION PURSUANT TO THE PROCEEDING ENTITLED "REVISION OF THE  COMMIS-
SION'S  RULE TO ENSURE COMPATIBILITY WITH ENHANCED 911 EMERGENCY CALLING
SYSTEMS (CC DOCKET NO. 94-102; RM-8143)  OR  ANY  SUCCESSOR  PROCEEDING,
REGARDING  THE  DELIVERY OF ANI AND ALI AS OF THE DATES AND ACCORDING TO
THE OTHER CRITERIA ESTABLISHED THEREIN AND  THE  RULES  ADOPTED  BY  THE
FEDERAL  COMMUNICATIONS COMMISSION IN ANY SUCH PROCEEDING, AS SUCH RULES
MAY BE AMENDED FROM TIME TO TIME.
  (F) "SERVICE PLAN" MEANS A CONTRACT ENTERED INTO  BETWEEN  A  WIRELESS
TELEPHONE  SERVICE  CARRIER  AND  A RETAIL CUSTOMER FOR THE PROVISION OF
WIRELESS TELEPHONE SERVICE OVER A MUTUALLY AGREED UPON PERIOD OF TIME.
  (G) "WIRELESS TELEPHONE SERVICE" MEANS A TWO-WAY REAL TIME VOICE TELE-
COMMUNICATIONS SERVICE THAT IS INTERCONNECTED TO A PUBLIC SWITCHED TELE-
PHONE NETWORK AND IS PROVIDED BY A COMMERCIAL MOBILE RADIO  SERVICE,  AS
SUCH  TERM  IS DEFINED BY 47 C.F.R. SECTION 20.3; PROVIDED, HOWEVER, FOR
THE PURPOSES OF THIS SECTION, THE TERM WIRELESS TELEPHONE SERVICE  SHALL
NOT INCLUDE A PREPAID CALLING SERVICE AS THAT TERM IS DEFINED IN SECTION
NINETY-TWO-F OF THE PUBLIC SERVICE LAW.
  (H)  "WIRELESS  TELEPHONE  SERVICE  CARRIER" MEANS A COMMERCIAL MOBILE
RADIO SERVICE PROVIDER OF WIRELESS TELEPHONE SERVICE  AS  SUCH  TERM  IS
DEFINED  IN THE UNITED STATES CODE OF FEDERAL REGULATIONS 47 C.F.R. 20.3
OR A RESELLER OF WIRELESS TELEPHONE SERVICE  PROVIDED  BY  A  COMMERCIAL
MOBILE RADIO SERVICE AS DEFINED BY SUCH 47 C.F.R 20.3.
  2.  DISCLOSURE  REQUIREMENTS.  (A)  EVERY  WIRELESS  TELEPHONE SERVICE
PROVIDER AND AUTHORIZED RETAILER SHALL MAKE AVAILABLE  CLEAR,  CONSPICU-
OUS,  PLAIN  LANGUAGE DISCLOSURES TO EACH CUSTOMER OR POTENTIAL CUSTOMER
AT RETAIL SALES LOCATIONS OF SUCH WIRELESS TELEPHONE CARRIER OR  AUTHOR-
IZED  RETAILER  AND  ON  ANY INTERNET WEBSITE WHERE A WIRELESS TELEPHONE
SERVICE PLAN CAN BE ENTERED INTO, OF THE FOLLOWING INFORMATION  CONCERN-
ING  ANY  PLAN OR PROPOSED PLAN OFFERED FOR THE PROVISION OF RESIDENTIAL
WIRELESS TELEPHONE SERVICE TO SUCH CUSTOMER:
  I. THE CALLING AREA FOR THE PLAN;
  II. THE MONTHLY ACCESS FEE OR BASE CHARGE;
  III. THE NUMBER OF AIRTIME MINUTES INCLUDED IN THE PLAN;
  IV. ANY NIGHT AND WEEKEND  MINUTES  INCLUDED  IN  THE  PLAN  OR  OTHER
DIFFERING  CHARGES  FOR DIFFERENT TIME PERIODS AND THE TIME PERIODS WHEN
NIGHT AND WEEKEND MINUTES OR OTHER CHARGES APPLY;
  V. THE CHARGES FOR EXCESS OR ADDITIONAL MINUTES;
  VI. WHETHER OR NOT, AND THE EXTENT TO WHICH,  PER-MINUTE  DOMESTIC  OR
INTERNATIONAL LONG DISTANCE CHARGES ARE INCLUDED IN OTHER RATES, AND, TO
THE EXTENT NOT INCLUDED, THE APPLICABLE PER-MINUTE LONG DISTANCE RATES;
  VII. PER-MINUTE ROAMING OR OFF-NETWORK CHARGES;
  VIII.  THE  AMOUNT  OF  ANY ADDITIONAL TAXES, FEES, OR SURCHARGES THAT
WILL BE COLLECTED OR RETAINED BY THE WIRELESS TELEPHONE SERVICE  PROVID-
ER;
  IX.  IF  THE PLAN REQUIRES A FIXED-TERM CONTRACT, THE DURATION OF SUCH
CONTRACT;
  X. THE AMOUNT OF ANY EARLY TERMINATION FEE AND  THE  CONDITIONS  UNDER
WHICH  ANY  SUCH EARLY TERMINATION FEE WOULD APPLY, INCLUDING THE LENGTH
OF ANY TRIAL PERIOD DURING WHICH NO EARLY TERMINATION FEE WOULD APPLY;
S. 1480                             3

  XI. A STATEMENT NOTIFYING THE CUSTOMER THAT THE SERVICE INCLUDES BASIC
WIRELESS 911 SERVICE;
  XII.  THE  INFORMATION  WHICH  IS INCLUDED IN THE EDUCATIONAL PLAN FOR
INFORMING THE PUBLIC ABOUT THE ENHANCED WIRELESS 911 SERVICE IN NEW YORK
STATE  REQUIRED  BY  SUBDIVISION  EIGHT   OF   SECTION   THREE   HUNDRED
TWENTY-EIGHT  OF  THE  COUNTY  LAW  AND  WHICH  IS AN EXPLANATION OF THE
ENHANCED  WIRELESS  911  SYSTEM   AND   A   PROGRESS   REPORT   ON   THE
COUNTY-BY-COUNTY   IMPLEMENTATION   OF  THE  STATEWIDE  SYSTEM  AND  THE
TOLL-FREE HOTLINE AND WEBSITE INFORMATION  TO  PERMIT  THE  CONSUMER  TO
ACCESS  SUCH INFORMATION VIA THE INTERNET IN ACCORDANCE WITH SUBDIVISION
EIGHT OF SECTION THREE HUNDRED TWENTY-EIGHT OF THE COUNTY LAW;
  XIII. A COVERAGE MAP PREPARED BY THE PROVIDER USING GENERALLY ACCEPTED
INDUSTRY METHODOLOGIES AND STANDARDS; AND
  XIV. BASED UPON CUSTOMER SUPPLIED  INFORMATION  REGARDING  ANTICIPATED
USAGE  PATTERNS,  A  GOOD  FAITH ESTIMATE OF THE MONTHLY FIXED AND USAGE
CHARGES AND ADDITIONAL TAXES, FEES, OR SURCHARGES AND OF THE ANTICIPATED
TOTAL MONTHLY BILL FOR SUCH CUSTOMER UNDER SUCH PLAN, EXCEPT  THAT  THIS
PROVISION  SHALL NOT APPLY TO WIRELESS SERVICE THAT IS PRE-PAID PRIOR TO
ACTIVATION OF SERVICE AND THAT IS NOT SUBJECT TO MONTHLY  BILLING  AFTER
ACTIVATION OF SERVICE.
  (B)  AT  THE  TIME  A  CUSTOMER INITIATES A WIRELESS SERVICE PLAN, THE
CARRIER SHALL, OR IF THE CUSTOMER  INITIATES  A  WIRELESS  SERVICE  PLAN
THROUGH  AN  AUTHORIZED RETAILER, THE AUTHORIZED RETAILER SHALL, PROVIDE
OR CONFIRM IN WRITING ALL OF THE INFORMATION REQUIRED IN  PARAGRAPH  (A)
OF  THIS SUBDIVISION AS IT APPLIES TO THE SPECIFIC CONTRACT ENTERED INTO
BY THE NEW CUSTOMER  PRIOR  TO  THE  FINALIZATION  OF  THE  TRANSACTION,
PROVIDED, HOWEVER WHEN AN EXISTING CUSTOMER OF A WIRELESS SERVICE CARRI-
ER  AGREES  TO  A  CHANGE  IN SERVICE WHICH RESULTS IN AN EXTENSION OF A
CONTRACT BETWEEN THE  CUSTOMER  AND  SUCH  CARRIER,  THE  CARRIER  SHALL
PROVIDE OR CONFIRM SUCH CHANGE IN SERVICE.
  3.  BILLING.  EXCEPT  FOR  WIRELESS  SERVICE THAT IS PRE-PAID PRIOR TO
ACTIVATION OF SERVICE AND THAT IS NOT SUBJECT TO MONTHLY  BILLING  AFTER
ACTIVATION  OF  SERVICE,  WIRELESS  TELEPHONE  SERVICE CARRIERS' BILLING
STATEMENTS SHALL:
  (A) BE CLEARLY ORGANIZED AND DESCRIBE IN PLAIN LANGUAGE  THE  PRODUCTS
AND SERVICES FOR WHICH CHARGES ARE IMPOSED;
  (B)  DISTINGUISH  CHARGES  THAT  ARE  DIRECTLY  RELATED TO SERVICE AND
FEATURES RETAINED BY THE CARRIER FROM TAXES, FEES AND OTHER CHARGES THAT
ARE COLLECTED AND REMITTED BY THE CARRIER TO ANY FEDERAL, STATE OR LOCAL
GOVERNMENT ENTITY;
  (C) NOT INCLUDE ANY CHARGES OR FEES FOR PRODUCTS AND  SERVICES  UNLESS
AUTHORIZED BY THE CUSTOMER;
  (D) ITEMIZE ROAMING CHARGES WITHIN SIXTY DAYS OF THE CALL BEING PLACED
AND IDENTIFY THE DATE AND ORIGINATING LOCATION OF THE CALL;
  (E) INCLUDE THE TOLL-FREE NUMBER MAINTAINED BY THE CONSUMER PROTECTION
BOARD  WHICH RECEIVES COMPLAINTS FROM WIRELESS TELEPHONE SERVICE CUSTOM-
ERS RELATING TO THEIR WIRELESS SERVICE; AND
  (F) FOR THE PURPOSES OF THIS SUBDIVISION, WIRELESS  TELEPHONE  SERVICE
CARRIERS MAY NOT LABEL COST RECOVERY FEES OR CHARGES AS TAXES.
  4.  TRIAL  PERIOD.  THE TERMS ON WHICH WIRELESS TELEPHONE SERVICES ARE
PROVIDED TO ANY CUSTOMER SHALL INCLUDE A TRIAL PERIOD WHICH SHALL END NO
EARLIER THAN FIFTEEN DAYS AFTER THE  FIRST  BILL  IS  RENDERED  TO  SUCH
CUSTOMER  FOLLOWING  SERVICE  ACTIVATION  AND  DURING  WHICH PERIOD SUCH
CUSTOMER MAY, AFTER PAYMENT FOR SERVICES USED,  TERMINATE  SUCH  SERVICE
WITHOUT  INCURRING  ANY TERMINATION FEES OR CHARGES OR ANY OTHER PENALTY
OF ANY KIND, AND MAY, UPON RETURN OF ANY HANDSET  BOUGHT  OR  LEASED  IN
S. 1480                             4

CONNECTION  WITH SUCH SERVICE, RECEIVE A PRO RATED REFUND OF ANY AMOUNTS
PAID FOR SUCH A HANDSET.
  5.   CONSUMER  COMPLAINTS;  IMPLEMENTING  REGULATIONS;  PENALTIES  FOR
VIOLATIONS. (A) WIRELESS TELEPHONE SERVICE CUSTOMERS MAY FILE COMPLAINTS
RELATED TO THEIR WIRELESS SERVICE WITH THE  EXECUTIVE  DIRECTOR  OF  THE
CONSUMER PROTECTION BOARD, WHO IS AUTHORIZED TO RESOLVE SUCH COMPLAINTS.
THE DIRECTOR OR HIS OR HER DESIGNEE IS AUTHORIZED TO CONDUCT SUCH INVES-
TIGATIONS  AS MAY BE NECESSARY TO RESOLVE SUCH COMPLAINTS, TO ADMINISTER
OATHS AND TAKE AFFIDAVITS IN RELATION TO ANY MATTER OR PROCEEDING IN THE
EXERCISE OF POWERS AND DUTIES UNDER THIS SECTION, AND  TO  SUBPOENA  AND
REQUIRE THE ATTENDANCE OF WITNESSES AND THE PRODUCTION OF BOOKS, PAPERS,
CONTRACTS  AND  ANY  OTHER  DOCUMENTS  PERTAINING  TO  ANY INVESTIGATION
CONDUCTED PURSUANT TO THIS SECTION. IF ANY PERSON REFUSES TO COMPLY WITH
A SUBPOENA ISSUED UNDER THIS PARAGRAPH,  THE  DIRECTOR  MAY  PETITION  A
COURT  OF  COMPETENT  JURISDICTION  TO ENFORCE THE SUBPOENA AND FOR SUCH
SANCTIONS AS THE COURT MAY ORDER.
  (B) THE DIRECTOR SHALL PROMULGATE ANY RULES AND REGULATIONS  NECESSARY
TO  IMPLEMENT THIS SECTION AND IS FURTHER AUTHORIZED TO ISSUE ANY ORDERS
NECESSARY TO ENFORCE THIS SECTION AND SUCH RULES AND REGULATIONS. EXCEPT
AS SHALL BE PRE-EMPTED BY  FEDERAL  LAW  REGULATING  WIRELESS  TELEPHONE
SERVICE  PROVIDERS,  SUCH RULES AND REGULATIONS SHALL BE CONSISTENT WITH
FEDERAL LAW REGULATING WIRELESS TELEPHONE SERVICE OR PROVIDERS OF  WIRE-
LESS TELEPHONE SERVICE.
  (C) THE DIRECTOR MAY ASSESS A CIVIL PENALTY NOT TO EXCEED TWO THOUSAND
DOLLARS PER VIOLATION AGAINST ANY WIRELESS TELEPHONE SERVICE PROVIDER OR
AUTHORIZED  RETAILER THAT NEGLECTS OR KNOWINGLY FAILS TO COMPLY WITH ANY
REQUIREMENT OF THIS  SECTION,  OF  REGULATIONS  PROMULGATED  UNDER  THIS
SECTION,  OR OF ANY ORDER OF THE DIRECTOR IMPLEMENTING OR ENFORCING THIS
SECTION OR REGULATIONS PROMULGATED THEREUNDER. ALL MONEYS RECOVERED FROM
ANY SUCH PENALTY SHALL BE PAID INTO THE STATE TREASURY TO THE CREDIT  OF
THE GENERAL FUND.
  6.  REPORTING.  AT  LEAST  ANNUALLY  THE  BOARD  SHALL REPORT CUSTOMER
COMPLAINTS BY CARRIER REGARDING WIRELESS TELEPHONE SERVICE IN THE STATE.
SUCH REPORT SHALL INCLUDE INFORMATION  ON  CARRIER  CUSTOMER  COMPLAINTS
FILED WITH AND RESOLVED BY THE DIRECTOR. THE REPORT MAY INCLUDE AN ANAL-
YSIS  OF  SUCH  COMPLAINTS  AND  RECOMMENDATIONS, IF ANY, TO ADDRESS ANY
ISSUES THAT ARE IDENTIFIED BY THE BOARD. THE  REPORT  REQUIRED  BY  THIS
SUBDIVISION MAY BE INCLUDED IN THE REPORT PREPARED BY THE BOARD PURSUANT
TO SECTION FIVE HUNDRED FIFTY-THREE OF THE EXECUTIVE LAW.
  7. APPLICABILITY. FOR PURPOSES OF THIS SECTION, THE WIRELESS TELEPHONE
SERVICE TO WHICH THE PROVISIONS OF THIS SECTION APPLY, IS BEING PROVIDED
OR  BEING  PROPOSED  TO  BE PROVIDED TO A RESIDENTIAL CUSTOMER WHERE THE
PLACE OF PRIMARY USE, AS THAT TERM IS USED IN SECTION ONE HUNDRED EIGHT-
Y-SIX-E OF THE TAX LAW, IS LOCATED IN THIS STATE.
  8. SEVERABILITY. THE PROVISIONS OF THIS SECTION ARE SEVERABLE, AND  IF
ANY  PART  OR PROVISION HEREOF, OR THE APPLICATION THEREOF TO ANY PERSON
OR CIRCUMSTANCE, SHALL BE ADJUDGED BY ANY COURT OF  COMPETENT  JURISDIC-
TION  TO  BE  INVALID OR UNENFORCEABLE, SUCH JUDGEMENT SHALL NOT AFFECT,
IMPAIR OR INVALIDATE THE REMAINING PROVISIONS OF  THIS  SECTION  OR  THE
APPLICATION  OF  ANY  SUCH REMAINING PROVISIONS TO ANY PERSON OR CIRCUM-
STANCE, BUT SHALL BE CONFINED IN ITS OPERATION TO THE PROVISION,  PERSON
OR CIRCUMSTANCE DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDG-
MENT SHALL HAVE BEEN RENDERED.
  S  4.  Paragraph a of subdivision 6 of section 5 of the public service
law, as added by chapter 684 of the laws of 1997, is amended to read  as
follows:
S. 1480                             5

  a. Application of the provisions of this chapter to cellular telephone
services  is  suspended  unless  the commission, no sooner than one year
after the effective date of this  subdivision,  makes  a  determination,
after  notice  and  hearing,  that  suspension of the application of the
provisions  of this chapter shall cease to the extent found necessary to
protect the public interest; PROVIDED, HOWEVER,  THAT  NOTHING  IN  THIS
PARAGRAPH  SHALL SUSPEND OR LIMIT THE AUTHORITY PROVIDED TO THE CONSUMER
PROTECTION BOARD IN SECTION FIVE HUNDRED FIFTY-THREE  OF  THE  EXECUTIVE
LAW AND SECTION THREE HUNDRED NINETY-EIGHT-E OF THE GENERAL BUSINESS LAW
TO  IMPLEMENT  THE  PROVISIONS OF LAW CONTAINED THEREIN OR TO PROMULGATE
AND ENFORCE REGULATIONS TO AFFORD CONSUMER  PROTECTIONS  TO  RESIDENTIAL
CUSTOMERS OF CELLULAR OR WIRELESS TELEPHONE SERVICE PROVIDERS.
  S 5. This act shall take effect on the one hundred eightieth day after
it  shall have become a law; provided that the executive director of the
consumer protection board is authorized, on  or  before  such  date,  to
promulgate any and all rules and regulations and to take any other meas-
ures necessary to implement this act on such effective date.