STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Assemblywoman PAMELA R. LAMPITT
District 6 (Camden)
Assemblywoman CELESTE M. RILEY
District 3 (Salem, Cumberland and Gloucester)
Prohibits retail stores from selling cellular telephone equipment or cellular telephone equipment service contracts unless stores provide information brochures about "sexting" to customers who purchase such equipment or contracts.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the sale of cellular telephone equipment and cellular telephone equipment service contracts, and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Cellular telephone equipment" or "equipment" means a wireless telephone handset used in conjunction with wireless telephone service.
Wireless telephone service" means commercial mobile radio service, as defined in subsection (d) of section 332 of the Communications Act of 1934 (47 U.S.C. s.332).
"Sexting" means the act of sending sexually explicit messages or photos electronically, from one person’s cellular telephone equipment to another person’s cellular telephone equipment.
"Store or other retail mercantile establishment" or "store" means a place where merchandise is displayed, held, stored or sold or offered to the public for sale in this State.
2. a. It shall be an unlawful practice for any store or other retail mercantile establishment to sell cellular telephone equipment to an individual, or to sell a contract for cellular telephone equipment service to an individual, or to renew a contract for cellular telephone equipment service with an individual, unless the store encloses an information brochure with such equipment or contract that informs the individual about the dangers of the practice known as "sexting."
b. The information brochure required pursuant to subsection a. of this section shall include, but not be limited to, an explanation of the types of criminal penalties that may be imposed on an individual who engages in "sexting," as well as a list of the names, telephone numbers, and addresses of groups qualified and available to answer questions related to "sexting," such as the New Jersey-based Institute for Responsible Online and Cell-Phone Communication, or other nonprofit organizations that are dedicated to educating communities about safety and self-responsibility when using cellular telephone equipment.
c. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall notify all stores that sell cellular telephone equipment or cellular telephone equipment service contracts, of the requirements of this act by advertising in newspapers throughout the State, and shall prepare an information brochure on "sexting" and make copies available to all such stores.
d. The Director shall annually report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on the effectiveness of the brochure preparation and distribution required by subsection c. of this section.
3. Any store which violates subsection a. of section 2 of this act shall be subject to the penalties applicable pursuant to section 1 of P.L.1966, c.39 (C.56:8-13) and section 2 of P.L.1999, c.129 (C.56:8-14.3).
4. This act shall take effect on the first day of the third month after enactment.
This bill supplements the State's consumer fraud act, P.L.1960, c.39 (C.56:8-1 et seq.), to make it an unlawful practice for any retail mercantile establishment to sell cellular telephone equipment or to sell or renew cellular telephone service contracts, unless the store encloses an information brochure with such equipment or contracts, that describes the dangers of "sexting," the criminal penalties that may be associated with "sexting," and that includes the names, addresses and telephone numbers of qualified nonprofit groups such as the New Jersey-based Institute for Responsible Online and Cell-Phone Communication, which can provide information to the customer concerning responsible cellular telephone usage.
The bill directs the Director of the Division of Consumer Affairs (the "director") to notify stores which sell cellular telephone equipment and cellular telephone equipment service contracts, about the bill’s requirements by advertising in newspapers throughout the State. In addition, the bill requires the director to prepare and distribute information brochures about "sexting" to stores throughout the State for distribution to customers who purchase such equipment or contracts from the stores.