Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 16, 2010 |
referred to rules |
Senate Bill S8196
2009-2010 Legislative Session
Sponsored By
(D, WF) 21st Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S8196 (ACTIVE) - Details
2009-S8196 (ACTIVE) - Summary
Enacts the "radio frequency identification right to know act", requiring retail mercantile establishments to disclose the use of RFID devices and gathered personal information; requires the labeling of retail products or packages containing a radio frequency identification tag; sets standards for labels and for posting notices; requires point of sale removal of RFID tags
2009-S8196 (ACTIVE) - Sponsor Memo
BILL NUMBER:S8196 TITLE OF BILL: An act to amend the general business law, in relation to regulating the use of radio frequency identification tags by retail mercantile estab- lishments PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to ensure consumer privacy by requiring labels on all products containing a radio frequency identification tag with a notice regarding the existence of such tag. SUMMARY OF SPECIFIC PROVISIONS: This bill would require any person or entity that produces, manufac- tures, packages, distributes or sells a retail product and causes a radio frequency identification tag to be attached to, embedded in or made part of the retail product or its package to label such product or its packaging with a notice regarding the existence of the radio frequency identification tag. The bill also prohibits retailers from selling any product they know to have a RFID tag without a proper label as required by this section. Finally, the bill provides for enforcement by the Attorney General and a civil penalty of between one hundred and one thousand dollars per violation.
2009-S8196 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8196 I N S E N A T E June 16, 2010 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the general business law, in relation to regulating the use of radio frequency identification tags by retail mercantile estab- lishments 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 "radio frequency identification right to know act". S 2. The general business law is amended by adding a new article 12-C to read as follows: ARTICLE 12-C RADIO FREQUENCY IDENTIFICATION RIGHT TO KNOW SECTION 219. RADIO FREQUENCY IDENTIFICATION RIGHT TO KNOW. S 219. RADIO FREQUENCY IDENTIFICATION RIGHT TO KNOW. 1. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: A. "AFFILIATE" MEANS A PERSON RELATED TO A RETAIL MERCANTILE ESTAB- LISHMENT THAT CARRIES ON DIRECT OR RELATED FUNCTIONS OF SUCH ESTABLISH- MENT. B. "DEACTIVATE" MEANS TO DISABLE OR OTHERWISE RENDER UNUSABLE. C. "PACKAGE" MEANS ANY TYPE OF CONTAINER, ARTICLE, OR ITEM THAT IS USED TO CONTAIN OR HOLD A RETAIL PRODUCT IN THE FORM IN WHICH THE RETAIL PRODUCT IS SOLD TO CONSUMERS. SUCH TERM SHALL NOT APPLY TO PETS OR DOMESTICATED ANIMALS. D. "PERSONAL INFORMATION" MEANS ANY INFORMATION CONCERNING A NATURAL PERSON WHICH, BECAUSE OF NAME, NUMBER, SYMBOL, MARK, OR OTHER IDENTIFI- ER, CAN BE USED TO IDENTIFY THAT NATURAL PERSON. E. "RADIO FREQUENCY IDENTIFICATION" MEANS ANY TECHNOLOGY THAT USES RADIO WAVES OR OTHER WIRELESS MEANS TO TRANSMIT IDENTIFYING INFORMATION BETWEEN A TAG, BADGE, OR OTHER DEVICE AND A READER WITHOUT PHYSICAL CONTACT. F. "RADIO FREQUENCY IDENTIFICATION TAG" MEANS A DEVICE THAT IS ATTACHED TO, EMBEDDED IN, OR MADE PART OF A RETAIL PRODUCT OR ITS PACK- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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