S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  589--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, GOTTFRIED, ENGLEBRIGHT, ABINANTI --
   read  once  and  referred  to  the  Committee  on Consumer Affairs and
   Protection -- recommitted to the Committee  on  Consumer  Affairs  and
   Protection  in  accordance  with  Assembly Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   retailers  to  post warning signs of the tracking of customers through
   cell phones or other electronic devices
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 390-d to read as follows:
   §  390-D.  POSTING  OF  WARNING  SIGNS BY RETAILERS TRACKING CUSTOMERS
 THROUGH CELL PHONES OR OTHER ELECTRONIC DEVICES. 1.  ANY  RETAILER  THAT
 TRACKS A CUSTOMER BY USE OF THE CUSTOMER'S CELL PHONE OR ANY OTHER ELEC-
 TRONIC  DEVICE  WHILE  THE  CUSTOMER  IS  IN  THEIR  ESTABLISHMENT SHALL
 CONSPICUOUSLY POST A WARNING SIGN AT EACH ENTRANCE INDICATING THAT  SUCH
 RETAILER  PERFORMS  SUCH  TRACKING. SUCH WARNING SIGN SHALL ALSO PROVIDE
 INFORMATION FOR CUSTOMERS WHO WISH TO OPT OUT OF THE TRACKING.
   2. ANY RETAILER THAT VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL
 PENALTY OF NOT MORE THAN ONE HUNDRED DOLLARS FOR  THE  FIRST  VIOLATION,
 NOT  MORE  THAN  TWO HUNDRED FIFTY DOLLARS FOR THE SECOND VIOLATION, AND
 NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH  VIOLATION  THEREAFTER.  THE
 PROVISIONS  OF  SUBDIVISION  ONE OF THIS SECTION MAY BE ENFORCED CONCUR-
 RENTLY BY THE DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS OFFICE, OR BY THE
 TOWN ATTORNEY, CITY CORPORATION COUNSEL, OR OTHER LAWFUL DESIGNEE  OF  A
 MUNICIPALITY  OR  LOCAL  GOVERNMENT, AND ALL MONEYS COLLECTED THEREUNDER
 SHALL BE RETAINED BY SUCH MUNICIPALITY OR LOCAL GOVERNMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00449-03-2
              

 A. 589--A                           2
 
   3. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A) "ELECTRONIC  DEVICE" SHALL MEAN ANY CELL PHONE AS DEFINED BY PARA-
 GRAPH  (B)  OF    THIS SUBDIVISION, PERSONAL DIGITAL ASSISTANT, HANDHELD
 DEVICE WITH  MOBILE  DATA  ACCESS,  LAPTOP  COMPUTER,  PAGER,  BROADBAND
 PERSONAL  COMMUNICATION  DEVICE,  TWO-WAY MESSAGING   DEVICE, ELECTRONIC
 GAME, OR PORTABLE COMPUTING DEVICE, OR ANY OTHER ELECTRONIC DEVICE  WHEN
 USED TO INPUT, WRITE, SEND, RECEIVE, OR READ TEXT FOR  PRESENT OR FUTURE
 COMMUNICATION.
   (B) "CELL PHONE" SHALL MEAN THE DEVICE USED BY  SUBSCRIBERS  AND OTHER
 USERS OF WIRELESS TELEPHONE SERVICE TO ACCESS SUCH SERVICE.
   (C)  "WIRELESS  TELEPHONE  SERVICE" SHALL MEAN TWO-WAY REAL TIME VOICE
 TELECOMMUNICATIONS SERVICE THAT IS INTERCONNECTED TO A  PUBLIC  SWITCHED
 TELEPHONE  NETWORK AND IS PROVIDED BY A COMMERCIAL MOBILE RADIO SERVICE,
 AS SUCH TERM IS DEFINED BY 47 C.F.R. § 20.3.
   (D) "TRACKING" INCLUDES, BUT  IS  NOT  LIMITED  TO,  SITUATIONS  WHERE
 RETAILERS  TRACK  A  PERSON'S  MOVEMENT THROUGHOUT THE ESTABLISHMENT FOR
 PURPOSES OF STORING OR  SELLING  SUCH  INFORMATION  PERTAINING  TO  SUCH
 PERSON.  "TRACKING"  DOES NOT INCLUDE THE USE OF ELECTRONIC DEVICES THAT
 ARE NOT UNIQUE TO A PARTICULAR PERSON.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.