NY State Senate Bill 2013-S5032B

Senate Bill S5032B

2013-2014 Legislative Session

Requires wireless telephone companies that offer shared or family plans to allow victims of domestic violence to be released from the account without penalty in instances of domestic violence

download bill text pdf

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 28, 2014	print number 5032b
Mar 28, 2014	amend (t) and recommit to energy and telecommunications
Feb 10, 2014	print number 5032a
Feb 10, 2014	amend and recommit to energy and telecommunications
Jan 08, 2014	referred to energy and telecommunications
May 06, 2013	referred to energy and telecommunications

Bill Amendments

Original

B (Active)

co-Sponsors

2013-S5032 - Details

See Assembly Version of this Bill:: A7964
Current Committee:: Senate Energy And Telecommunications
Law Section:: General Business Law
Laws Affected:: Add §399-ccc, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S1406, A326
2017-2018: S2436, A946

2013-S5032 - Summary

Requires wireless telephone companies that offer shared or family plans to allow victims of domestic violence to be released from the account without penalty in instances of domestic violence.

2013-S5032 - Sponsor Memo

                                BILL NUMBER:S5032

TITLE OF BILL:  An act to amend the public service law, in relation to
requiring wireless telephone companies that offer shared or family
plans to be released from the account without penalty in instances of
domestic violence

PURPOSE OR GENERAL IDEA OF BILL:

To allow victims of domestic violence who have sought and received a
permanent order of protection, and are under contract for a "family
plan" or other "shared minute" wireless telephone services plan
offered by wireless telephone company to break such contract without
penalty.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 Amends the public service law by adding a new section 92-g,
which provides that a wireless telephone services company, as defined
in section 1225-c(1)(b) of the vehicle and traffic law, local exchange
telephone corporation shall allow a customer who is under a shared
minute and/or family plan contract to opt out of such contract,
without penalty, if such customer is a victim of domestic violence,
requests release in writing and possesses a permanent order of
protection.

JUSTIFICATION:

In 2010, the State of New York extended a new protection to victims of
domestic violence through chapter 327 of the laws of 2010. Chapter 327
provided that a victim of domestic violence, as defined in section
four hundred fifty-nine of the social services law could require local
exchange telephone companies or cable television companies providing
to telephone services to provide an anonymous listing or pseudonymous
identification without charge, where the customer was a victim of
domestic violence, requested the identity protection service in
writing, and had sought and received a permanent order of protection
from their batterer.

In the intervening years, a number of victims of domestic violence
have availed themselves of this protective service provided by
telephone corporations and cable television companies. As the
telecommunications industry and its products and services have changed
however, circumstances have given rise to the need to extend the
protections necessary for certain victims of domestic violence who may
have engaged in a "shared minute" or "family plan" contracts with
wireless telephone companies.

This legislation would allow victims of domestic violence who have
sought and received a permanent order of protection, and are under
contract with a wireless telephone company to opt out of such plans
without penalty.

While "shared minute" and "family plan" contracts allow customers to
save money by consolidating telephone, cable and Internet services
with one provider, fees for early cancellation of such contracts vary
widely across providers and can be levied against victims of domestic


fleeing their batterers. When fleeing a batterer, victims of domestic
violence often leave behind items of great intrinsic and financial
value, creating significant challenges to their ability to afford to
move to safety. Providing an escape clause in such shared minute and
family plan contracts so that victims of domestic violence will not
have to continue paying for services at a location they have fled is
good public policy, and consistent with New York's and the
telecommunications industry's historic support for domestic violence
victims.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2013-S5032 - Bill Text download pdf

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

                                  5032

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 6, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN  ACT  to amend the public service law, in relation to requiring wire-
  less telephone companies that offer  shared  or  family  plans  to  be
  released  from  the  account  without penalty in instances of domestic
  violence

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The public service law is amended by adding a new section
92-g to read as follows:
  S 92-G. WIRELESS TELEPHONE SERVICES; DOMESTIC VIOLENCE VICTIMS.  EVERY
WIRELESS  TELEPHONE  SERVICE, AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION
ONE OF SECTION TWELVE HUNDRED TWENTY-FIVE-C OF THE VEHICLE  AND  TRAFFIC
LAW,  SHALL  ALLOW A CUSTOMER WHO IS UNDER A SHARED MINUTE AND/OR FAMILY
PLAN CONTRACT, TO OPT-OUT OF SUCH PLAN WITHOUT PENALTY WHEN SUCH CUSTOM-
ER IS: (A) A VICTIM OF DOMESTIC VIOLENCE, AS  DEFINED  IN  SECTION  FOUR
HUNDRED  FIFTY-NINE-A  OF  THE  SOCIAL  SERVICES  LAW; (B) SUCH CUSTOMER
REQUESTS RELEASE IN WRITING; AND (C) SUCH CUSTOMER POSSESSES  ANY  ORDER
OF PROTECTION, OTHER THAN A TEMPORARY ORDER OF PROTECTION, THAT HAS BEEN
ISSUED  BY  A  COURT  OF  COMPETENT JURISDICTION. THE WIRELESS TELEPHONE
SERVICE SHALL WAIVE THE OTHERWISE APPLICABLE CHARGES FOR  BREAKING  SUCH
PLAN  OR  CONTRACT.  THIS WAIVER OF CHARGES SHALL BE FOR THE DURATION OF
THE APPLICABLE, NON-TEMPORARY, ORDER.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10600-02-3

co-Sponsors

2013-S5032A - Details

See Assembly Version of this Bill:: A7964
Current Committee:: Senate Energy And Telecommunications
Law Section:: General Business Law
Laws Affected:: Add §399-ccc, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S1406, A326
2017-2018: S2436, A946

2013-S5032A - Summary

Requires wireless telephone companies that offer shared or family plans to allow victims of domestic violence to be released from the account without penalty in instances of domestic violence.

2013-S5032A - Sponsor Memo

                                BILL NUMBER:S5032A

TITLE OF BILL:  An act to amend the public service law, in relation to
requiring wireless telephone companies that offer shared or family
plans to be released from the account without penalty in instances of
domestic violence

PURPOSE OR GENERAL IDEA OF BILL:

To allow victims of domestic violence who have sought and received a
permanent order of protection, and are under contract for a "family
plan" or other "shared minute" wireless telephone services plan
offered by wireless telephone company to break such contract without
penalty.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 Amends the public service law by adding a new section 92-h,
which provides that a wireless telephone services company, as defined
in section 1225-c(1)(b) of the vehicle and traffic law, local exchange
telephone corporation shall allow a customer who is under a shared
minute and/or family plan contract to opt out of such contract,
without penalty, if such customer is a victim of domestic violence,
requests release in writing and possesses a permanent order of
protection.

JUSTIFICATION:

In 2010, the State of New York extended a new protection to victims of
domestic violence through chapter 327 of the laws of 2010. Chapter 327
provided that a victim of domestic violence, as defined in section
four hundred fifty-nine of the social services law could require local
exchange telephone companies or cable television companies providing
to telephone services to provide an anonymous listing or pseudonymous
identification without charge, where the customer was a victim of
domestic violence, requested the identity protection service in
writing, and had sought and received a permanent order of protection
from their batterer.

In the intervening years, a number of victims of domestic violence
have availed themselves of this protective service provided by
telephone corporations and cable television companies. As the
telecommunications industry and its products and services have changed
however, circumstances have given rise to the need to extend the
protections necessary for certain victims of domestic violence who may
have engaged in a "shared minute" or "family plan" contracts with
wireless telephone companies.

This legislation would allow victims of domestic violence who have
sought and received a permanent order of protection, and are under
contract with a wireless telephone company to opt out of such plans
without penalty.

While "shared minute" and "family plan" contracts allow customers to
save money by consolidating telephone, cable and Internet services
with one provider, fees for early cancellation of such contracts vary
widely across providers and can be levied against victims of domestic


fleeing their batterers. When fleeing a batterer, victims of domestic
violence often leave behind items of great intrinsic and financial
value, creating significant challenges to their ability to afford to
move to safety. Providing an escape clause in such shared minute and
family plan contracts so that victims of domestic violence will not
have to continue paying for services at a location they have fled is
good public policy, and consistent with New York's and the
telecommunications industry's historic support for domestic violence
victims.

PRIOR LEGISLATIVE HISTORY:

2013: S.5032 - Energy & Telecommunications

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2013-S5032A - Bill Text download pdf

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

                                 5032--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 6, 2013
                               ___________

Introduced  by  Sens.  PARKER, RIVERA, SAMPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Energy
  and  Telecommunications  -- recommitted to the Committee on Energy and
  Telecommunications in accordance with Senate Rule 6, sec. 8 -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN  ACT  to amend the public service law, in relation to requiring wire-
  less telephone companies that offer  shared  or  family  plans  to  be
  released  from  the  account  without penalty in instances of domestic
  violence

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The public service law is amended by adding a new section
92-h to read as follows:
  S 92-H. WIRELESS TELEPHONE SERVICES; DOMESTIC VIOLENCE VICTIMS.  EVERY
WIRELESS  TELEPHONE  SERVICE, AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION
ONE OF SECTION TWELVE HUNDRED TWENTY-FIVE-C OF THE VEHICLE  AND  TRAFFIC
LAW,  SHALL  ALLOW A CUSTOMER WHO IS UNDER A SHARED MINUTE AND/OR FAMILY
PLAN CONTRACT, TO OPT-OUT OF SUCH PLAN WITHOUT PENALTY WHEN SUCH CUSTOM-
ER IS: (A) A VICTIM OF DOMESTIC VIOLENCE, AS  DEFINED  IN  SECTION  FOUR
HUNDRED  FIFTY-NINE-A  OF  THE  SOCIAL  SERVICES  LAW; (B) SUCH CUSTOMER
REQUESTS RELEASE IN WRITING; AND (C) SUCH CUSTOMER POSSESSES  ANY  ORDER
OF PROTECTION, OTHER THAN A TEMPORARY ORDER OF PROTECTION, THAT HAS BEEN
ISSUED  BY  A  COURT  OF  COMPETENT JURISDICTION. THE WIRELESS TELEPHONE
SERVICE SHALL WAIVE THE OTHERWISE APPLICABLE CHARGES FOR  BREAKING  SUCH
PLAN  OR  CONTRACT.  THIS WAIVER OF CHARGES SHALL BE FOR THE DURATION OF
THE APPLICABLE, NON-TEMPORARY, ORDER.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10600-03-4

co-Sponsors

2013-S5032B (ACTIVE) - Details

See Assembly Version of this Bill:: A7964
Current Committee:: Senate Energy And Telecommunications
Law Section:: General Business Law
Laws Affected:: Add §399-ccc, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S1406, A326
2017-2018: S2436, A946

2013-S5032B (ACTIVE) - Summary

Requires wireless telephone companies that offer shared or family plans to allow victims of domestic violence to be released from the account without penalty in instances of domestic violence.

2013-S5032B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5032B

TITLE OF BILL:  An act to amend the general business law, in relation
to requiring the release of individuals from shared or family wireless
telephone plans in instances of domestic violence

PURPOSE OR GENERAL IDEA OF BILL:

To allow victims of domestic violence who have sought and received a
permanent order of protection, and are under contract for a "family
plan" or other "shared minute" wireless telephone services plan
offered by wireless telephone company to break such contract without
penalty.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 Amends the public service law by adding a new section 92-h,
which provides that a wireless telephone services company, as defined
in section 1225-c(1)(b) of the vehicle and traffic law, local exchange
telephone corporation shall allow a customer who is under a shared
minute and/or family plan contract to opt out of such contract,
without penalty, if such customer is a victim of domestic violence,
requests release in writing and possesses a permanent order of
protection.

JUSTIFICATION:

In 2010, the State of New York extended a new protection to victims of
domestic violence through chapter 327 of the laws of 2010. Chapter 327
provided that a victim of domestic violence, as defined in section
four hundred fifty-nine of the social services law could require local
exchange telephone companies or cable television companies providing
to telephone services to provide an anonymous listing or pseudonymous
identification without charge, where the customer was a victim of
domestic violence, requested the identity protection service in
writing, and had sought and received a permanent order of protection
from their batterer.

In the intervening years, a number of victims of domestic violence
have availed themselves of this protective service provided by
telephone corporations and cable television companies. As the
telecommunications industry and its products and services have changed
however, circumstances have given rise to the need to extend the
protections necessary for certain victims of domestic violence who may
have engaged in a "shared minute" or "family plan" contracts with
wireless telephone companies.

This legislation would allow victims of domestic violence who have
sought and received a permanent order of protection, and are under
contract with a wireless telephone company to opt out of such plans
without penalty.

While "shared minute" and "family plan" contracts allow customers to
save money by consolidating telephone, cable and Internet services
with one provider, fees for early cancellation of such contracts vary
widely across providers and can be levied against victims of domestic
fleeing their batterers. When fleeing a batterer, victims of domestic


violence often leave behind items of great intrinsic and financial
value, creating significant challenges to their ability to afford to
move to safety. Providing an escape clause in such shared minute and
family plan contracts so that victims of domestic violence will not
have to continue paying for services at a location they have fled is
good public policy, and consistent with New York's and the
telecommunications industry's historic support for domestic violence
victims.

PRIOR LEGISLATIVE HISTORY:

2013: S.5032 - Energy & Telecommunications

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2013-S5032B (ACTIVE) - Bill Text download pdf

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

                                 5032--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 6, 2013
                               ___________

Introduced  by  Sens.  PARKER, RIVERA, SAMPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Energy
  and  Telecommunications  -- recommitted to the Committee on Energy and
  Telecommunications in accordance with Senate Rule 6, sec. 8 -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted  to  said  committee  --  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  the
  release  of individuals from shared or family wireless telephone plans
  in instances of domestic violence

  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
399-ccc to read as follows:
  S  399-CCC.  WIRELESS  TELEPHONE  SERVICES; DOMESTIC VIOLENCE VICTIMS.
EVERY PROVIDER OF WIRELESS TELEPHONE SERVICE, AS  DEFINED  IN  PARAGRAPH
(B)  OF  SUBDIVISION  ONE OF SECTION TWELVE HUNDRED TWENTY-FIVE-C OF THE
VEHICLE AND TRAFFIC LAW, SHALL ALLOW A PERSON  WHO  IS  UNDER  A  SHARED
PHONE  PLAN  CONTRACT WITH SUCH PROVIDER AND WHO IS A VICTIM OF DOMESTIC
VIOLENCE INVOLVING ANOTHER PERSON UNDER SUCH SHARED PHONE PLAN CONTRACT,
TO OPT-OUT OF SUCH CONTRACT WITHOUT CHARGE WHEN SUCH PERSON REQUESTS  TO
OPT-OUT  IN  WRITING AND PROVIDES TO SUCH PROVIDER OF WIRELESS TELEPHONE
SERVICE ANY OF THE FOLLOWING  DOCUMENTS,  WHICH  SHALL  RELATE  TO  SUCH
DOMESTIC  VIOLENCE,  WITHIN SIX MONTHS OF THE DOCUMENT'S ISSUANCE: (A) A
VALID DOMESTIC VIOLENCE INCIDENT REPORT FORM, AS SUCH TERM IS DEFINED IN
SUBDIVISION FIFTEEN OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE  EXECU-
TIVE  LAW;  (B)  A VALID POLICE REPORT; (C) A VALID ORDER OF PROTECTION;
(D) A SIGNED AFFIDAVIT FROM A LICENSED MEDICAL  OR  MENTAL  HEALTH  CARE
PROVIDER,  EMPLOYEE  OF  A  COURT  ACTING WITHIN THE SCOPE OF HIS OR HER
EMPLOYMENT, SOCIAL WORKER,  A  RAPE  CRISIS  COUNSELOR,  AS  DEFINED  IN
SECTION  FORTY-FIVE  HUNDRED TEN OF THE CIVIL PRACTICE LAW AND RULES, OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10600-06-4

S. 5032--B                          2

ADVOCATE ACTING ON BEHALF OF AN AGENCY THAT  ASSISTS  DOMESTIC  VIOLENCE
VICTIMS. A CLAIM FOR OPTING-OUT OF SUCH CONTRACT WITHOUT CHARGE SHALL BE
MADE  IN  GOOD FAITH. SUCH PROVIDER SHALL WAIVE THE OTHERWISE APPLICABLE
CHARGES  FOR  SUCH  PERSON  REQUESTING  TO OPT-OUT OF SUCH CONTRACT. ANY
PERSON REQUESTING AN ACCOMMODATION PURSUANT TO THIS SECTION MAY REQUEST,
AND IF REQUESTED SHALL BE PROVIDED AT NO COST  TO  SUCH  PERSON,  A  NEW
TELEPHONE  NUMBER  WITHIN  TWENTY-FOUR  HOURS  FROM THE REQUEST FOR SUCH
ACCOMMODATION.
  S 2. This act  shall  take  effect  immediately  and  shall  apply  to
contracts entered into on and after such effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S5032B

Share this bill

Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Bill Amendments

co-Sponsors

Gustavo Rivera

John L. Sampson

2013-S5032 - Details

2013-S5032 - Summary

2013-S5032 - Sponsor Memo

2013-S5032 - Bill Text download pdf

co-Sponsors

Gustavo Rivera

John L. Sampson

2013-S5032A - Details

2013-S5032A - Summary

2013-S5032A - Sponsor Memo

2013-S5032A - Bill Text download pdf

co-Sponsors

Gustavo Rivera

John L. Sampson

2013-S5032B (ACTIVE) - Details

2013-S5032B (ACTIVE) - Summary

2013-S5032B (ACTIVE) - Sponsor Memo

2013-S5032B (ACTIVE) - Bill Text download pdf

Comments