senate Bill S4442A

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

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Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 01 / Apr / 2013
    • REFERRED TO ENERGY AND TELECOMMUNICATIONS
  • 07 / May / 2013
    • AMEND AND RECOMMIT TO ENERGY AND TELECOMMUNICATIONS
  • 07 / May / 2013
    • PRINT NUMBER 4442A
  • 04 / Jun / 2013
    • 1ST REPORT CAL.1079
  • 05 / Jun / 2013
    • 2ND REPORT CAL.
  • 10 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 12 / Jun / 2013
    • SUBSTITUTED BY A6381A

Summary

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

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Bill Details

See Assembly Version of this Bill:
A6381A
Versions:
S4442
S4442A
Legislative Cycle:
2013-2014
Law Section:
Public Service Law
Laws Affected:
Amd §91, Pub Serv L; amd §399-yy, Gen Bus L

Votes

11
0
11
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Energy and Telecommunications committee vote details

Sponsor 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

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

                                 4442--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09816-03-3

S. 4442--A                          2

  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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