Bill S4442A-2013

Relates to providing new telephone numbers without charge for certain victims of domestic violence

Relates to providing new telephone numbers without charge for certain victims of domestic violence.

Details

Actions

  • Jun 12, 2013: SUBSTITUTED BY A6381A
  • Jun 10, 2013: ADVANCED TO THIRD READING
  • Jun 5, 2013: 2ND REPORT CAL.
  • Jun 4, 2013: 1ST REPORT CAL.1079
  • May 7, 2013: PRINT NUMBER 4442A
  • May 7, 2013: AMEND AND RECOMMIT TO ENERGY AND TELECOMMUNICATIONS
  • Apr 1, 2013: REFERRED TO ENERGY AND TELECOMMUNICATIONS

Votes

VOTE: COMMITTEE VOTE: - Energy and Telecommunications - Jun 4, 2013
Ayes (11): Maziarz, Carlucci, Fuschillo, Griffo, O'Mara, Ritchie, Robach, Parker, Adams, Kennedy, Dilan

Memo

BILL NUMBER:S4442A

TITLE OF BILL: An act to amend the public service law and the general business law, in relation to providing new telephone numbers without charge for certain victims of domestic violence

PURPOSE: To protect the health and safety of domestic violence victims and their families there is a need to provide them with new telephone numbers when they request such from their telephone and or cell phone carrier. This is a recommendation by the PSC as per Chapter 327 of the Laws of 2010.

SUMMARY OF PROVISIONS:

Section 1. Subdivision 7 of Section 91 of the Public Service Law as added by Chapter 327 of the Laws of 2010 allows for a victim of domestic violence to receive a new telephone number within 15 days of requesting such and who provides to the telephone corporation a copy of order and or temporary order of protection by a court.

Section 2. Section 399-yy of the General Business Law as added by Chapter 327 of the Laws of 2010 allows for a victim of domestic violence to receive a new telephone number within 15 days of requesting such and who provides to the telephone corporation a copy of order and or temporary order of protection by a court.

EXISTING LAW: Current law allows victims of domestic violence with an order of protection or temporary protection to be given a modified or alternative name in telephone directory or a non-published telephone listing at no fee. However, Chapter 327 of the Laws of 2010 directed the Public Service Commission to issue recommendations as to improvements to these services which had no fiscal impact on New York State or upon telephone service providers.

JUSTIFICATION: Chapter 327 of the Laws of 2010 required the Public Service Commission, in collaboration with the Office of Children and Family Services and the Office for the Prevention of Domestic Violence to examine the impact of providing victims of domestic violence with mechanisms to help ensure their safety from perpetrators of violence on them.

This law required a report to be submitted to the governor and to legislative leaders with recommendations that would not have a fiscal impact on New York State or on telephone service providers.

The stated government entities reviewed data collected from domestic violence victims as it related to their need to hide their identities and secure phone services that would allow them privacy from their abuser. The stated entities reviewed data from customers who had been granted orders of protection and temporary orders of protection and arrived at the conclusion that providing a new phone number to victims of domestic violence would have no fiscal impact on New York State government or on telephone service providers. Based on the review of this data and the findings of the report, the need to codify additional protection for domestic violence victims is clear.

That additional protection entails the legislative intent of this legislation: To require telephone service providers to grant a new telephone number within 15 days of the request from a domestic violence victim who has an order of protection or temporary order of protection.

This issue has been studied to ensure the legislature was not imposing an adverse fiscal impact on telephone service providers. Having found non, the mentioned additional safety mechanism of issuing new phone numbers to such victims should be an available option; one that family and children advocates have sought for many years.

LEGISLATIVE HISTORY: New Bill

EFFECTIVE DATE: This act shall take effect immediately


Text

STATE OF NEW YORK ________________________________________________________________________ 4442--A 2013-2014 Regular Sessions IN SENATE April 1, 2013 ___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommuni- cations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public service law and the general business law, in relation to providing new telephone numbers without charge for certain victims of domestic violence THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 7 of section 91 of the public service law, as added by chapter 327 of the laws of 2010, is amended to read as follows: 7. Every [local exchange] telephone corporation, as defined in this chapter 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 subdivision 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 telephone [provider] CORPORATION. ANY CUSTOMER REQUESTING AN ACCOMMO- DATION PURSUANT TO THIS SUBDIVISION 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. S 2. Section 399-yy of the general business law, as added by chapter 327 of the laws of 2010, is amended to read as follows:
S 399-yy. Cable television company providing telephone services. 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 [telephone provider] 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. S 3. This act shall take effect immediately.

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