Senate Bill S1406A

                                 BILL NUMBER:  S1406A

 TITLE OF BILL :  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

 PURPOSE OR GENERAL IDEA OF BILL :

To allow victims of domestic violence who have sought and received a
permanent order of protection, and are under contract for a "family
plan" or other "shared minute" wireless telephone services plan
offered by wireless telephone company to break such contract without
penalty.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 Amends the general business law by adding a new section
399-ccc, which provides that a wireless telephone services company, as
defined in section 1225-c(1)(b) of the vehicle and traffic law, local
exchange telephone corporation shall allow a customer who is under a
shared minute and/or family plan contract to opt out of 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 "shared minute" or "family plan" contracts with
wireless telephone companies.

This legislation would allow victims of domestic violence who have
sought and received a permanent order of protection, and are under
contract with a wireless telephone company to opt out of such plans
without penalty.

While "shared minute" and "family plan" 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 shared minute and
family plan 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 :

2013-2014: Referred to Energy and Telecommunications; None.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.