Bill S5201-2011

Permits automatic renewal of contracts for electronic and life safety alarm services

Permits automatic renewal of contracts for electronic and life safety alarm services.

Details

Actions

  • Jun 19, 2012: referred to judiciary
  • Jun 19, 2012: DELIVERED TO ASSEMBLY
  • Jun 19, 2012: PASSED SENATE
  • Mar 22, 2012: ADVANCED TO THIRD READING
  • Mar 21, 2012: 2ND REPORT CAL.
  • Mar 20, 2012: 1ST REPORT CAL.395
  • Jan 4, 2012: REFERRED TO JUDICIARY
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 13, 2011: referred to judiciary
  • Jun 13, 2011: DELIVERED TO ASSEMBLY
  • Jun 13, 2011: PASSED SENATE
  • Jun 6, 2011: ADVANCED TO THIRD READING
  • Jun 2, 2011: 2ND REPORT CAL.
  • Jun 1, 2011: 1ST REPORT CAL.918
  • May 3, 2011: REFERRED TO JUDICIARY

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Judiciary - Jun 1, 2011
Ayes (16): Bonacic, DeFrancisco, Flanagan, Fuschillo, Lanza, Little, Nozzolio, O'Mara, Ranzenhofer, Saland, Zeldin, Breslin, Dilan, Krueger, Serrano, Stavisky
Ayes W/R (4): LaValle, Gianaris, Perkins, Squadron
Nays (2): Hassell-Thompson, Espaillat
Excused (1): Adams
VOTE: COMMITTEE VOTE: - Judiciary - Mar 20, 2012
Ayes (16): Bonacic, DeFrancisco, Flanagan, Fuschillo, Lanza, LaValle, Little, Nozzolio, O'Mara, Ranzenhofer, Saland, Zeldin, Dilan, Espaillat, Gianaris, Perkins
Ayes W/R (4): Breslin, Serrano, Squadron, Stavisky
Nays (2): Hassell-Thompson, Krueger
Absent (1): Adams

Memo

BILL NUMBER:S5201

TITLE OF BILL: An act to amend the general obligations law, in relation to automatic renewal of contracts for electronic and life safety alarm services

PURPOSE OF THE BILL: To amend the requirement that persons be given notice by certified mail of the extension of contracts for life safety and electronic alarm services where such person has received notice of renewal and paid an invoice that clearly indicates that such payment is for a contract extension and renewal.

SUMMARY OF SPECIFIC PROVISIONS: Adds a new section 5-903 to the General Obligations law.

JUSTIFICATION: Under current law, notice of the automatic extension or renewal of an electronic and life safety alarm service must be given by certified mail. This is both costly for the alarm company and can be inconvenient for the customer if they are not available to receive the certified mail. It can result in the unintentional cancellation of an alarm monitoring/servicing contract. This bill provides that if the customer makes payment on an invoice for the renewal/extension of the contract that clearly indicates that such payment of for renewal/extension, the notice provisions of Section 5-903 shall have been deemed to be satisfied.

PRIOR LEGISLATIVE HISTORY: 2009-2010: A.10043.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 5201 2011-2012 Regular Sessions IN SENATE May 3, 2011 ___________
Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the general obligations law, in relation to automatic renewal of contracts for electronic and life safety alarm services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 5-903 of the general obligations law is amended by adding a new subdivision 2-a to read as follows: 2-A. PAYMENT BY THE PERSON RECEIVING THE SERVICE OF AN INVOICE ON A CONTRACT FOR ELECTRONIC AND LIFE SAFETY ALARM SERVICES AFTER EXPIRATION OF THE TERM OF THE CONTRACT SHALL BE CONSIDERED ACKNOWLEDGMENT BY THE PERSON RECEIVING THE SERVICE THAT THE TERM OF THE CONTRACT HAS BEEN EXTENDED OR RENEWED FOR THE ORIGINAL TERM, OR ONE ADDITIONAL YEAR, WHICHEVER IS LESS, AND SUCH PAYMENT SHALL FULFILL THE NOTICE REQUIRE- MENTS OF THIS SECTION, PROVIDED THAT SUCH INVOICE CLEARLY INDICATES THAT PAYMENT CONSTITUTES AN EXTENSION OR RENEWAL OF SUCH CONTRACT AND PROVIDES THE TERMS OF SUCH EXTENSION OR RENEWAL. S 2. This act shall take effect on the ninetieth day after it shall have become a law.

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