S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8006

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 25, 2011
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Consumer Affairs and Protection

AN ACT to amend the public service law, in relation to instituting iden-
  tification requirements for the purchase of pre-paid mobile devices

  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 "Pre-Paid Mobile Device Identification Act".
  S 2. The public service law is amended by adding a new section 92-g to
read as follows:
  S  92-G.  PRE-PAID  MOBILE  DEVICE IDENTIFICATION. 1. DEFINITIONS.  AS
USED IN THIS SECTION:
  A. THE TERM "AUTHORIZED RESELLER" MEANS ANY PERSON AUTHORIZED BY
  (I) A MANUFACTURER TO SELL THE MANUFACTURER'S MOBILE  DEVICES  OR  SIM
CARDS; OR
  (II)  A  WIRELESS  COMMUNICATIONS  SERVICE  SUPPLIER  TO SELL PRE-PAID
MOBILE DEVICES OR SIM CARDS TO WHICH THE WIRELESS COMMUNICATIONS SERVICE
SUPPLIER WILL PROVIDE WIRELESS CELLULAR SERVICE;
  B. THE TERM "PRE-PAID MOBILE DEVICE" MEANS ANY CELLULAR PHONE OR SIMI-
LAR WIRELESS COMMUNICATION DEVICE  FOR  WHICH  THE  MOBILE  DEVICE  USER
PURCHASES A SET ALLOTMENT OF WIRELESS COMMUNICATION SERVICE;
  C.  THE  TERM  "SIM  CARD" MEANS A SUBSCRIBER IDENTITY MODULE OR FUNC-
TIONALLY EQUIVALENT DATA STORAGE DEVICE; AND
  D. THE TERM "WIRELESS COMMUNICATIONS  SERVICE"  MEANS  ALL  COMMERCIAL
MOBILE  SERVICES, AS THAT TERM IS DEFINED IN SECTION 332(D) OF TITLE 47,
UNITED STATES CODE, AS AMENDED FROM TIME TO  TIME,  INCLUDING,  BUT  NOT
LIMITED  TO,  ALL  BROADBAND  PERSONAL COMMUNICATIONS SERVICES, WIRELESS
RADIO TELEPHONE  SERVICES,  GEOGRAPHIC  AREA  SPECIALIZED  AND  ENHANCED
SPECIALIZED  MOBILE  RADIO SERVICES, AND INCUMBENT-WIDE AREA SPECIALIZED
MOBILE RADIO LICENSEES, WHICH OFFER REAL TIME,  TWO-WAY  VOICE  OR  DATA
SERVICE  THAT  IS  INTERCONNECTED  WITH  THE  PUBLIC  SWITCHED TELEPHONE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11477-02-1
              

A. 8006                             2

NETWORK  OR  OTHERWISE  PROVIDES  ACCESS  TO  EMERGENCY   COMMUNICATIONS
SERVICES.
  E.  THE  TERM  "WIRELESS  COMMUNICATIONS  SERVICE  SUPPLIER" MEANS ANY
COMMERCIAL ENTITY THAT OPERATES A WIRELESS COMMUNICATIONS SERVICE IN NEW
YORK STATE.
  2. IDENTIFICATION REQUIREMENT. PRIOR TO THE COMPLETION OF ANY SALE  OF
A  PRE-PAID  MOBILE  DEVICE  OR  SIM  CARD TO A PURCHASER, AN AUTHORIZED
RESELLER SHALL REQUIRE THE PURCHASER TO PROVIDE THE  FOLLOWING  INFORMA-
TION:
  A. THE FULL NAME OF THE PURCHASER;
  B. THE COMPLETE HOME ADDRESS OF THE PURCHASER; AND
  C. THE DATE OF BIRTH OF THE PURCHASER.
  3.  IDENTIFICATION  VERIFICATION.  A.  AN AUTHORIZED RESELLER MAKING A
SALE TO A PURCHASER IN PERSON SHALL  VERIFY  THE  PURCHASER  INFORMATION
PROVIDED UNDER SUBDIVISION TWO OF THIS SECTION BY REQUIRING THE PURCHAS-
ER TO DISPLAY:
  (I)  A  PHOTOGRAPHIC  IDENTIFICATION CARD ISSUED BY A FEDERAL OR STATE
GOVERNMENT, OR A DOCUMENT CONSIDERED ACCEPTABLE FOR PURPOSES OF SUBPARA-
GRAPHS (B), (C), OR (D) OF SECTION 274A(B)(1)  OF  THE  IMMIGRATION  AND
NATIONALITY ACT (8 U.S.C. 1324A(B)(1)); OR
  (II) ANY TWO OF THE FOLLOWING DOCUMENTS:
  (A)  A  FORM  W-2  WAGE  AND  TAX STATEMENT RECEIVED FROM THE INTERNAL
REVENUE SERVICE, PROVIDED THAT SUCH FORM  HAS  BEEN  RECEIVED  FROM  THE
INTERNAL REVENUE SERVICE WITHIN THE PRIOR EIGHTEEN MONTHS;
  (B)  A  FORM  1099 SOCIAL SECURITY BENEFIT STATEMENT RECEIVED FROM THE
SOCIAL  SECURITY  ADMINISTRATION,  PROVIDED  THAT  SUCH  FORM  HAS  BEEN
RECEIVED  FROM THE SOCIAL SECURITY ADMINISTRATION WITHIN THE PRIOR EIGH-
TEEN MONTHS;
  (C) A FORM 1099 RECEIVED FROM ANY OTHER AGENCY OF THE FEDERAL  GOVERN-
MENT OTHER THAN THE SOCIAL SECURITY ADMINISTRATION, INCLUDING THE INTER-
NAL  REVENUE  SERVICE,  PROVIDED THAT SUCH FORM HAS BEEN RECEIVED WITHIN
THE PRIOR EIGHTEEN MONTHS; OR
  (D) ANY DOCUMENT CONTAINING PERSONAL IDENTIFYING INFORMATION THAT  THE
COMMISSIONER FINDS, BY REGULATION, TO BE ACCEPTABLE FOR PURPOSES OF THIS
SUBDIVISION.
  B.  AN  AUTHORIZED RESELLER MAKING A SALE TO A PURCHASER NOT IN PERSON
SHALL VERIFY THE PURCHASER INFORMATION PROVIDED UNDER SUBDIVISION TWO OF
THIS SECTION BY REQUIRING THE PURCHASER TO SUBMIT THE FOLLOWING:
  (I) VALID CREDIT OR DEBIT CARD ACCOUNT INFORMATION;
  (II) SOCIAL SECURITY NUMBER;
  (III) DRIVER'S LICENSE NUMBER; AND
  (IV) ANY OTHER PERSONAL IDENTIFYING INFORMATION THAT THE  COMMISSIONER
FINDS, BY REGULATION, TO BE NECESSARY FOR PURPOSES OF THIS SUBDIVISION.
  4.  RECORD MAKING REQUIREMENT. UPON COMPLETION OF A SALE OF A PRE-PAID
MOBILE DEVICE OR SIM CARD, AN AUTHORIZED RESELLER SHALL MAKE A RECORD OF
THE SALE THAT INCLUDES THE FOLLOWING INFORMATION:
  A. THE INFORMATION OBTAINED FROM THE PURCHASER UNDER  SUBDIVISION  TWO
OF  THIS  SECTION,  AND, IF APPLICABLE, THE INFORMATION SUBMITTED BY THE
PURCHASER UNDER PARAGRAPH B OF SUBDIVISION THREE OF THIS SECTION;
  B. THE DATE OF SALE OF THE PRE-PAID MOBILE DEVICE OR SIM CARD;
  C. THE MANUFACTURER OF THE PRE-PAID MOBILE DEVICE OR SIM CARD;
  D. THE WIRELESS  CARRIER  THAT  WILL  PROVIDE  WIRELESS  COMMUNICATION
SERVICE TO THE PRE-PAID MOBILE DEVICE OR SIM CARD;
  E.  ANY ASSIGNED TELEPHONE NUMBER OR OTHER SUBSCRIBER OR ACCOUNT IDEN-
TIFIER KNOWN AT THE TIME OF PURCHASE; AND

A. 8006                             3

  F. ANY OF THE FOLLOWING, IF APPLICABLE TO THE PRE-PAID  MOBILE  DEVICE
OR SIM CARD:
  (I) INTERNATIONAL MOBILE EQUIPMENT IDENTIFIER NUMBER;
  (II) ELECTRONIC SERIAL NUMBER;
  (III) MOBILE EQUIPMENT IDENTIFIER;
  (IV) INTERNATIONAL MOBILE SUBSCRIBER IDENTIFIER;
  (V) MACHINE ADDRESS CODE.
  5.  RECORD  TRANSMISSION  REQUIREMENT.  A.  NOT LATER THAN THIRTY DAYS
AFTER THE SALE OF A PRE-PAID MOBILE DEVICE OR SIM  CARD,  AN  AUTHORIZED
RESELLER  SHALL  TRANSMIT THE RECORD OF THE SALE MADE IN ACCORDANCE WITH
SUBDIVISION FOUR OF THIS SECTION  TO  THE  WIRELESS  CARRIER  THAT  WILL
PROVIDE  WIRELESS COMMUNICATION SERVICE TO THE PRE-PAID MOBILE DEVICE OR
SIM CARD.
  B. IN COMPLYING WITH THE REQUIREMENTS OF PARAGRAPH A OF THIS  SUBDIVI-
SION,  AN  AUTHORIZED RESELLER MAY TRANSMIT THE SALE RECORD TO THE WIRE-
LESS CARRIER BY MEANS OF SECURE ELECTRONIC TRANSMISSION.
  6. RECORDKEEPING REQUIREMENT. AFTER AN AUTHORIZED RESELLER HAS  TRANS-
MITTED THE SALE RECORD TO THE WIRELESS CARRIER IN ACCORDANCE WITH SUBDI-
VISION FIVE OF THIS SECTION, A WIRELESS CARRIER SHALL:
  A.  PROVIDE  A  TRANSMISSION  CONFIRMATION  RECEIPT  TO THE AUTHORIZED
RESELLER, AFTER THE RECEIPT  OF  WHICH  THE  AUTHORIZED  RESELLER  SHALL
DISPOSE PROMPTLY OF ANY RETAINED COPY OF THE RECORD; AND
  B.  RETAIN  THE TRANSMITTED SALE RECORD IN ACCORDANCE WITH THE PRIVACY
PROTECTIONS OF SECTION 222 OF THE FEDERAL COMMUNICATIONS ACT OF 1934 (47
U.S.C. 222) FOR A PERIOD OF EIGHTEEN MONTHS OR UNTIL THE WIRELESS CARRI-
ER STOPS OR OTHERWISE DISCONTINUES PROVIDING  SERVICE  TO  THE  PRE-PAID
MOBILE DEVICE OR SIM CARD TO WHICH THE SALE RECORD RELATES.
  7. PENALTIES. A. A PURCHASER WHO PROVIDES FALSE OR MISLEADING INFORMA-
TION  WHEN  PROVIDING THE IDENTIFYING INFORMATION AND DOCUMENTS REQUIRED
UNDER SUBDIVISIONS TWO AND THREE OF THIS SECTION  SHALL  BE  SUBJECT  TO
CRIMINAL PENALTIES UNDER TITLE K OF THE PENAL LAW.
  B.  (I) AN AUTHORIZED RESELLER OR WIRELESS CARRIER WHO FAILS TO COMPLY
WITH THE REQUIREMENTS OF THIS SECTION SHALL BE SUBJECT TO A  CIVIL  FINE
OF FIFTY DOLLARS PER OFFENSE.
  (II)  EACH  SEPARATE  SALE OF A PRE-PAID MOBILE DEVICE OR SIM CARD FOR
WHICH PURCHASER IDENTIFICATION IS NOT REQUESTED OR VERIFIED  IN  ACCORD-
ANCE  WITH  SUBDIVISIONS TWO AND THREE OF THIS SECTION, OR FOR WHICH THE
REQUIRED RECORD IS NOT MADE OR MAINTAINED IN ACCORDANCE WITH SUBDIVISION
FOUR OR SIX OF THIS SECTION, SHALL CONSTITUTE A SEPARATE OFFENSE.
  (III) FOR PURPOSES OF THIS SECTION: (A)  A  WIRELESS  CARRIER  IS  NOT
RESPONSIBLE FOR AN OFFENSE OF AN AUTHORIZED RESELLER; AND (B) AN AUTHOR-
IZED RESELLER IS NOT RESPONSIBLE FOR AN OFFENSE OF A WIRELESS CARRIER.
  8. RELATED OFFENSES. A. (I) IT SHALL BE UNLAWFUL FOR ANY PERSON WHO IS
NOT AN AUTHORIZED RESELLER TO SELL PREPAID MOBILE DEVICES OR SIM CARDS.
  (II) ANY PERSON THAT VIOLATES THE PROHIBITION SET FORTH UNDER SUBPARA-
GRAPH  (I)  OF  THIS PARAGRAPH SHALL BE FINED NOT MORE THAN FIVE HUNDRED
DOLLARS, IMPRISONED FOR NOT LESS THAN ONE YEAR, OR BOTH.
  (III) THE COMMISSIONER SHALL ESTABLISH REGULATIONS REQUIRING  MANUFAC-
TURERS  AND  AUTHORIZED RESELLERS TO NOTIFY PURCHASERS OF MOBILE DEVICES
AND SIM CARDS OF THE OFFENSE AND PENALTY ESTABLISHED BY THIS SECTION.
  B. COMMISSION OF OTHER CRIMES. IF A  PERSON  USES  A  PRE-PAID  MOBILE
DEVICE  OR  SIM  CARD  OBTAINED IN VIOLATION OF THIS SECTION TO COMMIT A
CRIMINAL OFFENSE, THE MINIMUM TERM OF IMPRISONMENT FOR SUCH OFFENSE THAT
IS REQUIRED BY STATUTE SHALL BE INCREASED BY ONE YEAR.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.