NY State Senate Bill 2013-S5033A

Senate Bill S5033A

2013-2014 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2014	committed to rules
May 19, 2014	advanced to third reading
May 14, 2014	2nd report cal.
May 13, 2014	1st report cal.770
Jan 29, 2014	print number 5033a
Jan 29, 2014	amend and recommit to energy and telecommunications
Jan 08, 2014	referred to energy and telecommunications
May 06, 2013	referred to energy and telecommunications

Votes

- May 13, 2014 - Energy And Telecommunications Committee Vote
  S5033A
  
  9
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: May 13, 2014
      
      aye (9)
      
      Carlucci
      
      Flanagan
      
      Griffo
      
      Kennedy
      
      Maziarz
      
      Parker
      
      Peralta
      
      Ritchie
      
      Robach
      
      nay (1)
      
      O'Mara
      
      excused (1)
      
      Dilan

Bill Amendments

Original

A (Active)

co-Sponsors

2013-S5033 - Details

See Assembly Version of this Bill:: A8018
Current Committee:: Senate Rules
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:: 2015-2016: S526, A274
2017-2018: S2711, A1056
2019-2020: S2356, A5318

2013-S5033 - Summary

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

2013-S5033 - Sponsor Memo

                                BILL NUMBER:S5033

TITLE OF BILL:  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

PURPOSE OF GENERAL IDEA OF BILL:

To allow victims of domestic violence who have sought and received a
permanent order of protection, and are under contract including but
not limited to a multi-year of bundle contract offered by a local
exchange telephone corporation or cable television company providing
telephone services, to break such contract without penalty.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 Amends section 91 of the public service law by adding a new
subdivision 8 which provides that a local exchange telephone
corporation shall allow a customer who is under contract, including
but not limited to a multi-year or bundle contract, to break such
contract without penalty if such customer is a victim of domestic
violence, requests release in writing and possesses a permanent order
of protection.

Section 2 amends section 399-yy of the general business law, as added

by chapter 327 of the laws of 2010, to provide in addition that a
cable television company providing telephone services shall allow a
customer who is under contract, including but not limited to a
multi-year or bundle contract, to break such contract without penalty
if such customer is a victim of domestic violence, requests release in
writing and possesses a permanent order of protection.

JUSTIFICATION:

In 2010, the State of New York extended a new protection to victims of
domestic violence through chapter 327 of the laws of 2010. Chapter 327
provided that a victim of domestic violence, as defined in section
four hundred fifty-nine of the social services law could require local
exchange telephone companies or cable television companies providing
to telephone services to provide an anonymous listing or pseudonymous
identification without charge, where the customer was a victim of
domestic violence, requested the identity protection service in
writing, and had sought and received a permanent order of protection
from their batterer.

In the intervening years; a number of victims of domestic violence
have availed themselves of this protective service provided by
telephone corporations and cable television companies. As the
telecommunications industry and its products and services have changed
however, circumstances have given rise to the need to extend the
protections necessary for certain victims of domestic violence who may
have engaged in a multi-year of "bundled" contract.

This legislation would allow victims of domestic violence who have
sought and received a permanent order of protection, and are under
contract including but not limited to a multi-year of bundle contract


offered by a local exchange telephone corporation or cable television
company providing telephone services, to break such contract without
penalty.

While multi-year and "bundle" contracts allow customers to save money
by consolidating telephone, cable and Internet services with one
provider, fees for early cancellation of such contracts vary widely
across providers and can be levied against victims of domestic fleeing
their batterers. When fleeing a batterer, victims of domestic violence
often leave behind items of great intrinsic and financial value,
creating significant challenges to their ability to afford to move to
safety. Providing an escape clause in such multi-year and "bundle"
contracts so that victims of domestic violence will not have to
continue paying for services at a location they have fled is good
public policy, and consistent with New York's and the
telecommunications industry's historic support for domestic violence
victims.

PRIOR LEGISLATIVE HISTORY:

None. This is new legislation.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2013-S5033 - Bill Text download pdf

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

                                  5033

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 6, 2013
                               ___________

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
327 of the laws of 2010, 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
customer  requests  protection  of  its  identity in connection with the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10585-01-3

S. 5033                             2

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.
  2. EVERY CABLE TELEVISION COMPANY, AS DEFINED IN SECTION  TWO  HUNDRED
TWELVE  OF THE PUBLIC SERVICE LAW, THAT PROVIDES TELEVISION AND/OR TELE-
PHONE SERVICE TO CUSTOMERS IN NEW YORK 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 JURISDICTION.
  S 3. The general business law is amended by adding a new section  399-
yyy to read as follows:
  S  399-YYY.  SATELLITE  TELEVISION COMPANY PROVIDING TELEVISION AND/OR
TELEPHONE SERVICES. 1. EVERY DIRECT BROADCAST SATELLITE SERVICE  PROVID-
ER,  AS  DEFINED  IN THIS SECTION, THAT PROVIDES TELEVISION AND/OR TELE-
PHONE SERVICES TO CUSTOMERS IN NEW YORK 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  AND  (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.
  2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
THE FOLLOWING MEANINGS:
  (A)  "DIRECT  BROADCAST  SATELLITE SERVICE", MEANS THE DISTRIBUTION OR
BROADCASTING BY SATELLITE OF VIDEO PROGRAMMING OR SERVICES  DIRECTLY  TO
RECEIVING  EQUIPMENT  LOCATED AT AN END USER SUBSCRIBER'S OR AN END USER
CUSTOMER'S PREMISES, INCLUDING, BUT NOT LIMITED  TO,  THE  PROVISION  OF
PREMIUM  CHANNELS,  THE  PROVISION  OF  MUSIC OR OTHER AUDIO SERVICES OR
CHANNELS,  AND  ANY  OTHER  SERVICE  RECEIVED  IN  CONNECTION  WITH  THE
PROVISION OF DIRECT BROADCAST SATELLITE SERVICE.
  (B)  "DIRECT BROADCAST SATELLITE SERVICE PROVIDER", MEANS A PERSON WHO
TRANSMITS, BROADCASTS OR OTHERWISE PROVIDES DIRECT  BROADCAST  SATELLITE
SERVICE TO SUBSCRIBERS OR CUSTOMERS IN THE STATE.
  S 4. This act shall take effect immediately.

co-Sponsors

2013-S5033A (ACTIVE) - Details

See Assembly Version of this Bill:: A8018
Current Committee:: Senate Rules
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:: 2015-2016: S526, A274
2017-2018: S2711, A1056
2019-2020: S2356, A5318

2013-S5033A (ACTIVE) - Summary

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

2013-S5033A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5033A

TITLE OF BILL:  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

PURPOSE OF GENERAL IDEA OF BILL:  To allow victims of domestic
violence who have sought and received a permanent order of protection,
and are under contract including but not limited to a multi-year of
bundle contract offered by a local exchange telephone corporation or
cable television company providing telephone services, to break such
contract without penalty.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 Amends section 91 of the public service law by adding a new
subdivision 8 which provides that a local exchange telephone
corporation shall allow a customer who is under contract, including
but not limited to a multi-year or bundle contract, to break such
contract without penalty if such customer is a victim of domestic
violence, requests release in writing and possesses a permanent order
of protection.

Section 2 amends section 399-yy of the general business law, as added
by chapter 327 of the laws of 2010, to provide in addition that a

cable television company providing telephone services shall allow a
customer who is under contract, including but not limited to a
multi-year or bundle contract, to break such contract without penalty
if such customer is a victim of domestic violence, requests release in
writing and possesses a permanent order of protection.

JUSTIFICATION:  In 2010, the State of New York extended a new
protection to victims of domestic violence through chapter 327 of the
laws of 2010. Chapter 327 provided that a victim of domestic violence,
as defined in section four hundred fifty-nine of the social services
law could require local exchange telephone companies or cable
television companies providing to telephone services to provide an
anonymous listing or pseudonymous identification without charge, where
the customer was a victim of domestic violence, requested the identity
protection service in writing, and had sought and received a permanent
order of protection from their batterer.

In the intervening years; a number of victims of domestic violence
have availed themselves of this protective service provided by
telephone corporations and cable television companies. As the
telecommunications industry and its products and services have changed
however, circumstances have given rise to the need to extend the
protections necessary for certain victims of domestic violence who may
have engaged in a multi-year of "bundled" contract.

This legislation would allow victims of domestic violence who have
sought and received a permanent order of protection, and are under
contract including but not limited to a multi-year of bundle contract
offered by a local exchange telephone corporation or cable television
company providing telephone services, to break such contract without
penalty.


While multi-year and "bundle" contracts allow customers to save money
by consolidating telephone, cable and Internet services with one
provider, fees for early cancellation of such contracts vary widely
across providers and can be levied against victims of domestic fleeing
their batterers. When fleeing a batterer, victims of domestic violence
often leave behind items of great intrinsic and financial value,
creating significant challenges to their ability to afford to move to
safety. Providing an escape clause in such multi-near and "bundle"
contracts so that victims of domestic violence will not have to
continue paying for services at a location they have fled is good
public policy, and consistent with New York's and the
telecommunications industry's historic support for domestic violence
victims.

PRIOR LEGISLATIVE HISTORY:  None. This is new legislation.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:

Immediately.

2013-S5033A (ACTIVE) - Bill Text download pdf

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

                                 5033--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 6, 2013
                               ___________

Introduced  by  Sens. PARKER, SAMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Energy and  Tele-
  communications  -- recommitted to the Committee on Energy and Telecom-
  munications in accordance with Senate Rule  6,  sec.  8  --  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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10585-02-4

S. 5033--A                          2

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
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.
  2.  EVERY  CABLE TELEVISION COMPANY, AS DEFINED IN SECTION TWO HUNDRED
TWELVE OF THE PUBLIC SERVICE LAW, THAT PROVIDES TELEVISION AND/OR  TELE-
PHONE  SERVICE  TO  CUSTOMERS  IN NEW YORK 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 JURISDICTION.
  S  3. The general business law is amended by adding a new section 399-
yyy to read as follows:
  S 399-YYY. SATELLITE TELEVISION COMPANY  PROVIDING  TELEVISION  AND/OR
TELEPHONE  SERVICES. 1. EVERY DIRECT BROADCAST SATELLITE SERVICE PROVID-
ER, AS DEFINED IN THIS SECTION, THAT PROVIDES  TELEVISION  AND/OR  TELE-
PHONE  SERVICES  TO  CUSTOMERS IN NEW YORK 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 AND (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.
  2.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
  (A) "DIRECT BROADCAST SATELLITE SERVICE", MEANS  THE  DISTRIBUTION  OR
BROADCASTING  BY  SATELLITE OF VIDEO PROGRAMMING OR SERVICES DIRECTLY TO
RECEIVING EQUIPMENT LOCATED AT AN END USER SUBSCRIBER'S OR AN  END  USER
CUSTOMER'S  PREMISES,  INCLUDING,  BUT  NOT LIMITED TO, THE PROVISION OF
PREMIUM CHANNELS, THE PROVISION OF MUSIC  OR  OTHER  AUDIO  SERVICES  OR
CHANNELS,  AND  ANY  OTHER  SERVICE  RECEIVED  IN  CONNECTION  WITH  THE
PROVISION OF DIRECT BROADCAST SATELLITE SERVICE.
  (B) "DIRECT BROADCAST SATELLITE SERVICE PROVIDER", MEANS A PERSON  WHO
TRANSMITS,  BROADCASTS  OR OTHERWISE PROVIDES DIRECT BROADCAST SATELLITE
SERVICE TO SUBSCRIBERS OR CUSTOMERS IN THE STATE.
  S 4. This act shall take effect immediately.

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Senate Bill S5033A

Share this bill

Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

John L. Sampson

2013-S5033 - Details

2013-S5033 - Summary

2013-S5033 - Sponsor Memo

2013-S5033 - Bill Text download pdf

co-Sponsors

Brad Hoylman-Sigal

John L. Sampson

2013-S5033A (ACTIVE) - Details

2013-S5033A (ACTIVE) - Summary

2013-S5033A (ACTIVE) - Sponsor Memo

2013-S5033A (ACTIVE) - Bill Text download pdf

Comments