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Assembly Bill A7964B

2013-2014 Legislative Session

Requires wireless telephone companies that offer shared or family plans to allow victims of domestic violence to be released from the account without penalty in instances of domestic violence

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Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

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Bill Amendments

2013-A7964 - Details

See Senate Version of this Bill:
S5032
Current Committee:
Senate Energy And Telecommunications
Law Section:
General Business Law
Laws Affected:
Add §399-ccc, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: A326, S1406
2017-2018: A946, S2436

2013-A7964 - Summary

Requires wireless telephone companies that offer shared or family plans to allow victims of domestic violence to be released from the account without penalty in instances of domestic violence.

2013-A7964 - Bill Text download pdf 

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

                                  7964

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 12, 2013
                               ___________

Introduced  by M. of A. ROZIC -- read once and referred to the Committee
  on Corporations, Authorities and Commissions

AN ACT to amend the public service law, in relation to  requiring  wire-
  less  telephone  companies  that  offer  shared  or family plans to be
  released from the account without penalty  in  instances  of  domestic
  violence

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public service law is amended by adding a  new  section
92-g to read as follows:
  S  92-G. WIRELESS TELEPHONE SERVICES; DOMESTIC VIOLENCE VICTIMS. EVERY
WIRELESS TELEPHONE SERVICE, AS DEFINED IN PARAGRAPH (B)  OF  SUBDIVISION
ONE  OF  SECTION TWELVE HUNDRED TWENTY-FIVE-C OF THE VEHICLE AND TRAFFIC
LAW, SHALL ALLOW A CUSTOMER WHO IS UNDER A SHARED MINUTE  AND/OR  FAMILY
PLAN CONTRACT, TO OPT-OUT OF SUCH PLAN WITHOUT PENALTY WHEN SUCH CUSTOM-
ER  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  JURISDICTION.  THE  WIRELESS  TELEPHONE
SERVICE  SHALL  WAIVE THE OTHERWISE APPLICABLE CHARGES FOR BREAKING SUCH
PLAN OR CONTRACT. THIS WAIVER OF CHARGES SHALL BE FOR  THE  DURATION  OF
THE APPLICABLE, NON-TEMPORARY, ORDER.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10600-02-3

multi-Sponsors

2013-A7964A - Details

See Senate Version of this Bill:
S5032
Current Committee:
Senate Energy And Telecommunications
Law Section:
General Business Law
Laws Affected:
Add §399-ccc, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: A326, S1406
2017-2018: A946, S2436

2013-A7964A - Summary

Requires wireless telephone companies that offer shared or family plans to allow victims of domestic violence to be released from the account without penalty in instances of domestic violence.

2013-A7964A - Bill Text download pdf 

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

                                 7964--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 12, 2013
                               ___________

Introduced  by M. of A. ROZIC -- read once and referred to the Committee
  on Corporations, Authorities and Commissions  --  recommitted  to  the
  Committee  on  Corporations, Authorities and Commissions in accordance
  with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to amend the public service law, in relation to requiring wire-
  less telephone companies that offer  shared  or  family  plans  to  be
  released  from  the  account  without penalty in instances of domestic
  violence

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The public service law is amended by adding a new section
92-h to read as follows:
  S 92-H. WIRELESS TELEPHONE SERVICES; DOMESTIC VIOLENCE VICTIMS.  EVERY
WIRELESS  TELEPHONE  SERVICE, AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION
ONE OF SECTION TWELVE HUNDRED TWENTY-FIVE-C OF THE VEHICLE  AND  TRAFFIC
LAW,  SHALL  ALLOW A CUSTOMER WHO IS UNDER A SHARED MINUTE AND/OR FAMILY
PLAN CONTRACT, TO OPT-OUT OF SUCH PLAN WITHOUT PENALTY WHEN SUCH CUSTOM-
ER 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 JURISDICTION. THE WIRELESS TELEPHONE
SERVICE SHALL WAIVE THE OTHERWISE APPLICABLE CHARGES FOR  BREAKING  SUCH
PLAN  OR  CONTRACT.  THIS WAIVER OF CHARGES SHALL BE FOR THE DURATION OF
THE APPLICABLE, NON-TEMPORARY, ORDER.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10600-04-4

co-Sponsors

multi-Sponsors

2013-A7964B (ACTIVE) - Details

See Senate Version of this Bill:
S5032
Current Committee:
Senate Energy And Telecommunications
Law Section:
General Business Law
Laws Affected:
Add §399-ccc, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: A326, S1406
2017-2018: A946, S2436

2013-A7964B (ACTIVE) - Summary

Requires wireless telephone companies that offer shared or family plans to allow victims of domestic violence to be released from the account without penalty in instances of domestic violence.

2013-A7964B (ACTIVE) - Bill Text download pdf 

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

                                 7964--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 12, 2013
                               ___________

Introduced by M. of A. ROZIC -- Multi-Sponsored by -- M. of A. KEARNS --
  read  once  and referred to the Committee on Corporations, Authorities
  and Commissions --  recommitted  to  the  Committee  on  Corporations,
  Authorities and Commissions in accordance with Assembly Rule 3, sec. 2
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee -- reference changed to the  Commit-
  tee  on  Consumer Affairs and Protection -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to amend the general business law, in relation to requiring the
  release of individuals from shared or family wireless telephone  plans
  in instances of domestic violence

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
399-ccc to read as follows:
  S 399-CCC. WIRELESS TELEPHONE  SERVICES;  DOMESTIC  VIOLENCE  VICTIMS.
EVERY  PROVIDER  OF  WIRELESS TELEPHONE SERVICE, AS DEFINED IN PARAGRAPH
(B) OF SUBDIVISION ONE OF SECTION TWELVE HUNDRED  TWENTY-FIVE-C  OF  THE
VEHICLE  AND  TRAFFIC  LAW,  SHALL  ALLOW A PERSON WHO IS UNDER A SHARED
PHONE PLAN CONTRACT WITH SUCH PROVIDER AND WHO IS A VICTIM  OF  DOMESTIC
VIOLENCE INVOLVING ANOTHER PERSON UNDER SUCH SHARED PHONE PLAN CONTRACT,
TO  OPT-OUT OF SUCH CONTRACT WITHOUT CHARGE WHEN SUCH PERSON REQUESTS TO
OPT-OUT IN WRITING AND PROVIDES TO SUCH PROVIDER OF  WIRELESS  TELEPHONE
SERVICE  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 EXECU-
TIVE 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10600-05-4

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