NY State Senate Bill 2017-S2711

Senate Bill S2711

2017-2018 Legislative Session

Requires companies to allow victims of domestic violence to cancel contracts when there is a domestic violence incident report, a police report, an order of protection or a signed affidavit

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to energy and telecommunications
Jan 17, 2017	referred to energy and telecommunications

2017-S2711 (ACTIVE) - Details

See Assembly Version of this Bill:: A1056
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §91, Pub Serv L; amd §399-yy, add §399-yyy, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5033, A8018
2015-2016: S526, A274
2019-2020: S2356, A5318

2017-S2711 (ACTIVE) - Summary

Requires companies to allow victims of domestic violence to cancel contracts when there is a domestic violence incident report, a police report, an order of protection or a signed affidavit.

2017-S2711 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2711

 TITLE OF BILL :  An act to amend the public service law and the
general business law, in relation to requiring companies to allow
victims of domestic violence to cancel contracts when there is a
domestic violence incident report, a police report, an order of
protection, or a signed affidavit

 PURPOSE OF GENERAL IDEA OF BILL :

To allow victims of domestic violence who have sought and received a
permanent order of protection, and are under contract including but
not limited to a multi-year of bundle contract offered by a local
exchange telephone corporation or cable television company providing
telephone services, to break such contract without penalty.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 Amends section 91 of the public service law by adding a new
subdivision 8 which provides that a local exchange telephone
corporation shall allow a customer who is under contract, including
but not limited to a multi-year or bundle contract, to break such
contract without penalty if such customer is a victim of domestic
violence, requests release in writing and possesses a permanent order
of protection.

Section 2 amends section 399-yy of the general business law, as added
by chapter 327 of the laws of 2010, to provide in addition that a
cable television company providing telephone services shall allow a
customer who is under contract, including but not limited to a
multi-year or bundle contract, to break 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 multi-year of "bundled" contract.

This legislation would allow victims of domestic violence who have
sought and received a permanent order of protection, and are under
contract including but not limited to a multi-year of bundle contract
offered by a local exchange telephone corporation or cable television
company providing telephone services, to break such contract without
penalty.

While multi-year and "bundle" 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 multi-near and "bundle"
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 :

2015-16: S.526 - Passed Senate Referred to Corporations Authorities
and Commissions

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2017-S2711 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2711
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 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 and the general business law, in
   relation to requiring companies to allow victims of domestic  violence
   to cancel contracts when there is a domestic violence incident report,
   a police report, an order of protection, or a signed affidavit
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 91 of the public service law is amended by adding a
 new subdivision 8 to read as follows:
   8. EVERY TELEPHONE CORPORATION, AS  DEFINED  IN  THIS  CHAPTER,  SHALL
 ALLOW  A  PERSON  WHO IS UNDER CONTRACT INCLUDING, BUT NOT LIMITED TO, A
 MULTI-YEAR CONTRACT OR BUNDLE CONTRACT WITH SUCH TELEPHONE  CORPORATION,
 TO  OPT-OUT OF SUCH CONTRACT WITHOUT CHARGE WHEN SUCH PERSON IS A VICTIM
 OF DOMESTIC VIOLENCE AND REQUESTS TO OPT-OUT IN WRITING. SUCH VICTIM  OF
 DOMESTIC VIOLENCE SHALL PROVIDE TO SUCH TELEPHONE CORPORATION ANY OF THE
 FOLLOWING DOCUMENTS, WHICH SHALL RELATE TO SUCH DOMESTIC VIOLENCE, WITH-
 IN  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 EXECUTIVE 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 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 TELEPHONE
 CORPORATION SHALL WAIVE THE OTHERWISE APPLICABLE CHARGES FOR SUCH PERSON
 REQUESTING TO OPT-OUT OF SUCH CONTRACT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00525-01-7

 S. 2711                             2
 
   § 2. Section 399-yy of the general business law, as amended by chapter
 202 of the laws of 2013, is amended to read as follows:
   §  399-yy.  Cable television company providing telephone services.  1.
 Every cable television company, as defined in section two hundred twelve
 of the public service law, that provides telephone service to  customers
 in  New York shall, at its option: a. allow a customer to use a modified
 or alternative name for a directory listing or b.  waive  the  otherwise
 applicable  charges  for  a  non-published  telephone listing, where the
 customer requests protection of its  identity  in  connection  with  the
 customer's purchase of telephone service and the customer is a victim of
 domestic  violence,  as  defined in section four hundred fifty-nine-a of
 the social services law, and for whose benefit any order of  protection,
 other  than  a temporary order of protection, has been issued by a court
 of competent jurisdiction. This waiver of charges shall be for the dura-
 tion of the applicable, non-temporary, order. Any non-published listings
 provided in this section shall conform to all the same  requirements  of
 other  non-published  listings.  A  customer requesting such an accommo-
 dation shall provide a copy of the order of protection to the applicable
 cable television  company.  Any  customer  requesting  an  accommodation
 pursuant  to  this section may also request and shall be provided, at no
 cost to the customer, a new telephone number within  fifteen  days  from
 the request for such accommodation.
   2.  EVERY  CABLE TELEVISION COMPANY, AS DEFINED IN SECTION TWO HUNDRED
 TWELVE OF THE PUBLIC SERVICE LAW, THAT PROVIDES TELEVISION AND/OR  TELE-
 PHONE SERVICE TO CUSTOMERS IN NEW YORK UNDER CONTRACT INCLUDING, BUT NOT
 LIMITED  TO  A  MULTI-YEAR  CONTRACT OR BUNDLED CONTRACT WITH SUCH CABLE
 TELEVISION COMPANY, SHALL ALLOW A PERSON TO  OPT-OUT  OF  SUCH  CONTRACT
 WITHOUT  CHARGE  WHEN  SUCH  PERSON IS A VICTIM OF DOMESTIC VIOLENCE AND
 REQUEST TO OPT-OUT IN WRITING. SUCH VICTIM OF  DOMESTIC  VIOLENCE  SHALL
 PROVIDE TO SUCH CABLE TELEVISION COMPANY 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  EXECUTIVE  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 WITH-
 IN  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 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 CABLE TELE-
 VISION COMPANY SHALL WAIVE THE OTHERWISE  APPLICABLE  CHARGES  FOR  SUCH
 PERSON REQUESTING TO OPT-OUT OF SUCH CONTRACT.
   §  3. The general business law is amended by adding a new section 399-
 yyy to read as follows:
   § 399-YYY. SATELLITE TELEVISION COMPANY  PROVIDING  TELEVISION  AND/OR
 TELEPHONE  SERVICES. 1. EVERY DIRECT BROADCAST SATELLITE SERVICE PROVID-
 ER, AS DEFINED IN THIS SECTION, THAT PROVIDES  TELEVISION  AND/OR  TELE-
 PHONE  SERVICES  TO  CUSTOMERS  IN  NEW YORK SHALL ALLOW A PERSON WHO IS
 UNDER CONTRACT INCLUDING, BUT NOT LIMITED TO A  MULTI-YEAR  CONTRACT  OR
 BUNDLED  CONTRACT  WITH SUCH SATELLITE TELEVISION COMPANY, TO OPT-OUT OF
 SUCH CONTRACT WITHOUT CHARGE WHEN SUCH A PERSON IS A VICTIM OF  DOMESTIC
 VIOLENCE  AND  REQUESTS  TO  OPT-OUT IN WRITING. SUCH VICTIM OF DOMESTIC
 VIOLENCE SHALL PROVIDE TO SUCH SATELLITE TELEVISION COMPANY ANY  OF  THE
 FOLLOWING DOCUMENTS, WHICH SHALL RELATE TO SUCH DOMESTIC VIOLENCE, WITH-
 IN  SIX MONTHS OF THE DOCUMENT'S ISSUANCE: (A) A VALID DOMESTIC VIOLENCE

 S. 2711                             3
 
 INCIDENT REPORT FORM, AS SUCH TERM IS DEFINED IN SUBDIVISION FIFTEEN  OF
 SECTION  EIGHT  HUNDRED  THIRTY-SEVEN  OF THE EXECUTIVE 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 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  SATEL-
 LITE TELEVISION COMPANY SHALL WAIVE THE OTHERWISE APPLICABLE CHARGES FOR
 SUCH PERSON REQUESTING TO OPT-OUT OF SUCH CONTRACT.
   2.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "DIRECT BROADCAST SATELLITE SERVICE", MEANS  THE  DISTRIBUTION  OR
 BROADCASTING  BY  SATELLITE OF VIDEO PROGRAMMING OR SERVICES DIRECTLY TO
 RECEIVING EQUIPMENT LOCATED AT AN END USER SUBSCRIBER'S OR AN  END  USER
 CUSTOMER'S  PREMISES,  INCLUDING,  BUT  NOT LIMITED TO, THE PROVISION OF
 PREMIUM CHANNELS, THE PROVISION OF MUSIC  OR  OTHER  AUDIO  SERVICES  OR
 CHANNELS,  AND  ANY  OTHER  SERVICE  RECEIVED  IN  CONNECTION  WITH  THE
 PROVISION OF DIRECT BROADCAST SATELLITE SERVICE.
   (B) "DIRECT BROADCAST SATELLITE SERVICE PROVIDER", MEANS A PERSON  WHO
 TRANSMITS,  BROADCASTS  OR OTHERWISE PROVIDES DIRECT BROADCAST SATELLITE
 SERVICE TO SUBSCRIBERS OR CUSTOMERS IN THE STATE.
   § 4. This act shall take effect immediately.

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