Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 30, 2014 |
print number 3099a |
Jan 30, 2014 |
amend and recommit to consumer protection |
Jan 08, 2014 |
referred to consumer protection |
Jan 30, 2013 |
referred to consumer protection |
Senate Bill S3099A
2013-2014 Legislative Session
Sponsored By
(D, WF) 21st Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2013-S3099 - Details
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add Art 12-C §219, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S8196
2011-2012: S1168
2013-S3099 - Summary
Enacts the "radio frequency identification right to know act", requiring retail mercantile establishments to disclose the use of radio frequency identification 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
2013-S3099 - Sponsor Memo
BILL NUMBER:S3099 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 establishments 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, manufactures, 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. JUSTIFICATION: The right to privacy is a personal and fundamental right protected by the United States Constitution. Systems used to transmit the identity of an object or person using radio waves or other wireless means, commonly referred to as radio frequency
2013-S3099 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3099 2013-2014 Regular Sessions I N S E N A T E January 30, 2013 ___________ Introduced by Sen. PARKER -- 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, 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06834-01-3
2013-S3099A (ACTIVE) - Details
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add Art 12-C §219, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S8196
2011-2012: S1168
2013-S3099A (ACTIVE) - Summary
Enacts the "radio frequency identification right to know act", requiring retail mercantile establishments to disclose the use of radio frequency identification 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
2013-S3099A (ACTIVE) - Sponsor Memo
BILL NUMBER:S3099A 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 establishments 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, manufactures, 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. JUSTIFICATION: The right to privacy is a personal and fundamental right protected by the United States Constitution. Systems used to transmit the identity of an object or person using radio waves or other wireless means, commonly referred to as radio frequency
2013-S3099A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3099--A 2013-2014 Regular Sessions I N S E N A T E January 30, 2013 ___________ Introduced by Sen. PARKER -- 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 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06834-02-4
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