Senate Bill S526A

2015-2016 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

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Archive: Last Bill Status - In Assembly 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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Bill Amendments

co-Sponsors

2015-S526 (ACTIVE) - Details

See Assembly Version of this Bill:
A274
Current Committee:
Assembly Corporations, Authorities And Commissions
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
2017-2018: S2711, A1056
2019-2020: S2356, A5318

2015-S526 (ACTIVE) - Summary

Requires companies to allow victims of domestic violence to cancel contracts when there is a permanent order of protection in place.

2015-S526 (ACTIVE) - Sponsor Memo

2015-S526 (ACTIVE) - Bill Text download pdf

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

                                   526

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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 permanent order of protection in
  place

  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  LOCAL  EXCHANGE  TELEPHONE  CORPORATION, AS DEFINED IN THIS
CHAPTER SHALL ALLOW A CUSTOMER WHO IS UNDER CONTRACT, INCLUDING BUT  NOT
LIMITED  TO  A  MULTI-YEAR  CONTRACT  OR  BUNDLE CONTRACT, TO BREAK SUCH
CONTRACT WITHOUT PENALTY WHEN SUCH CUSTOMER 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 JURIS-
DICTION.  THE  TELEPHONE  COMPANY  SHALL  WAIVE THE OTHERWISE APPLICABLE
CHARGES FOR BREAKING SUCH CONTRACT. SUCH WAIVER OF CHARGES SHALL BE  FOR
THE DURATION OF THE APPLICABLE, NON-TEMPORARY, ORDER.
  S  2.  Section 399-yy of the general business law, as added by chapter
202 of the laws of 2013, is amended to read as follows:
  S 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

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

co-Sponsors

2015-S526A - Details

See Assembly Version of this Bill:
A274
Current Committee:
Assembly Corporations, Authorities And Commissions
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
2017-2018: S2711, A1056
2019-2020: S2356, A5318

2015-S526A - Summary

Requires companies to allow victims of domestic violence to cancel contracts when there is a permanent order of protection in place.

2015-S526A - Sponsor Memo

2015-S526A - Bill Text download pdf

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

                                 526--A
    Cal. No. 1333

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sens. PARKER, FUNKE -- read twice and ordered printed, and
  when printed to be committed to the Committee on Energy and Telecommu-
  nications  -- reported favorably from said committee, ordered to first
  and second report, ordered to a third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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