S07739 Summary:

BILL NOS07739B
 
SAME ASSAME AS A08994-A
 
SPONSORSCARCELLA-SPANTON
 
COSPNSRPALUMBO
 
MLTSPNSR
 
Add §399-eee, Gen Bus L
 
Enacts "Detective Brian Simonsen's Law"; requires wireless communication method service providers disable services to stolen wireless phones.
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S07739 Actions:

BILL NOS07739B
 
11/03/2023REFERRED TO RULES
01/03/2024REFERRED TO CODES
04/09/20241ST REPORT CAL.787
04/11/20242ND REPORT CAL.
04/15/2024ADVANCED TO THIRD READING
05/15/2024AMENDED ON THIRD READING 7739A
05/20/2024AMENDED ON THIRD READING (T) 7739B
06/06/2024SUBSTITUTED BY A8994A
 A08994 AMEND=A Paulin
 02/01/2024referred to consumer affairs and protection
 05/10/2024amend (t) and recommit to consumer affairs and protection
 05/10/2024print number 8994a
 05/14/2024reported referred to rules
 05/22/2024reported
 05/22/2024rules report cal.112
 05/22/2024ordered to third reading rules cal.112
 05/23/2024passed assembly
 05/23/2024delivered to senate
 05/23/2024REFERRED TO CODES
 06/06/2024SUBSTITUTED FOR S7739B
 06/06/20243RD READING CAL.787
 06/06/2024PASSED SENATE
 06/06/2024RETURNED TO ASSEMBLY
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S07739 Committee Votes:

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S07739 Floor Votes:

There are no votes for this bill in this legislative session.
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S07739 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7739--B
            Cal. No. 787
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    November 3, 2023
                                       ___________
 
        Introduced by Sens. SCARCELLA-SPANTON, PALUMBO -- read twice and ordered
          printed, and when printed to be committed to the Committee on Rules --
          recommitted  to  the Committee on Codes in accordance with Senate Rule
          6, sec. 8 -- reported favorably from said committee, ordered to  first
          and  second  report,  ordered  to a third reading, amended and ordered
          reprinted, retaining its place in the order of third reading --  again
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading
 
        AN ACT to amend the general business law, in relation to requiring wire-
          less communication method service providers disable services to stolen
          wireless phones
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "Detective Brian Simonsen's Law".
     3    § 2. The general business law is amended by adding a new section  399-
     4  eee to read as follows:
     5    §  399-eee. Disabling of services to stolen wireless phones. 1.  Defi-
     6  nitions. For purposes of this section, the following  terms  shall  have
     7  the following meanings:
     8    (a) "International mobile equipment identifier (IMEI)" shall mean:
     9    (i) a mobile equipment identifier;
    10    (ii) electronic serial number; or
    11    (iii) any other number or signal that:
    12    (A) identifies a unique mobile wireless phone; and
    13    (B)  has  the  same  function  and  purposes  as a number described in
    14  subparagraph (i) or (ii) of this paragraph.
    15    (b) "GSMA block list" means an industry database that relies on infor-
    16  mation reported by  at  least  fifty  commercial  mobile  operators,  is
    17  subject  to  access  controls,  is  certified to the ISO/IEC 27001 or an
    18  equivalent standard for information  security  management  systems,  and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11814-07-4

        S. 7739--B                          2
 
     1  provides  publicly  available  information to enable sellers, consumers,
     2  and law enforcement to check an IMEI  against  lists  of  mobile  device
     3  equipment  identification  numbers to help prevent the use or activation
     4  of mobile phones identified as stolen or fraudulently obtained.
     5    2. Limiting wireless service to stolen phones. Any person, firm, part-
     6  nership,  association,  limited liability company, corporation, or other
     7  business entity providing wireless telephone services, as such  term  is
     8  defined  in  paragraph  (b) of subdivision one of section twelve hundred
     9  twenty-five-c of the vehicle and traffic law, shall have and maintain  a
    10  program  reasonably designed to prevent the activation on its network of
    11  a phone with an international mobile equipment  identity  number  (IMEI)
    12  that appears on the GSMA block list.
    13    3. Reporting of stolen wireless phones. Any person, firm, partnership,
    14  association,  limited  liability company, corporation, or other business
    15  entity providing wireless telephone services, as such term is defined in
    16  paragraph (b) of subdivision one of section twelve hundred twenty-five-c
    17  of the vehicle and traffic law, who is informed by a retail store opera-
    18  tor of the theft of  new,  non-activated  wireless  phones,  shall  take
    19  reasonable  steps  to  report the IMEI numbers of those stolen phones to
    20  the GSMA block list.
    21    4. Disabling of service to stolen wireless phone.  Any  person,  firm,
    22  partnership,  association,  limited  liability  company, corporation, or
    23  other business entity providing wireless  telephone  services,  as  such
    24  term  is  defined  in paragraph (b) of subdivision one of section twelve
    25  hundred twenty-five-c of the vehicle and traffic  law,  shall  have  and
    26  maintain  a  program reasonably designed to enable it to suspend service
    27  to a stolen wireless phone upon notification by a verified customer that
    28  a wireless phone has been stolen. Such program shall require the  person
    29  or business entity providing wireless telephone services take reasonable
    30  steps  to  report the IMEI numbers of the stolen phone to the GSMA block
    31  list.
    32    § 3. This act shall take effect on the ninetieth day  after  it  shall
    33  have become a law.
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