Senate Bill S4786A

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

                                  4786

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 17, 2015
                               ___________

Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the  military  law,  in  relation  to  the  termination,
  suspension   or  reinstatement  without  penalty  of  certain  service
  contracts

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

  Section  1.  The military law is amended by adding a new section 311-c
to read as follows:
  S 311-C. TERMINATION, SUSPENSION OR REINSTATEMENT WITHOUT  PENALTY  OF
CERTAIN SERVICE CONTRACTS. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY
TO EVERY CONTRACT FOR SERVICES FROM A TELECOMMUNICATIONS SERVICE PROVID-
ER,  AN  INTERNET  SERVICE PROVIDER, A HEALTH CLUB AS DEFINED IN SECTION
SIX HUNDRED TWENTY-ONE OF THE GENERAL BUSINESS LAW, A HEALTH SPA,  OR  A
PROVIDER  OF  TELEVISION  SERVICES,  INCLUDING  BUT NOT LIMITED TO CABLE
TELEVISION, DIRECT SATELLITE AND OTHER TELEVISION-LIKE SERVICES, IN  ANY
CASE  IN  WHICH  SUCH  CONTRACT WAS EXECUTED BY OR ON BEHALF OF A PERSON
WHO, AFTER THE EXECUTION  OF  SUCH  CONTRACT,  ENTERED  ACTIVE  MILITARY
SERVICE.
  2.  (A)  ANY CONTRACT DESCRIBED IN SUBDIVISION ONE OF THIS SECTION MAY
BE TERMINATED OR SUSPENDED BY WRITTEN NOTICE DELIVERED  TO  THE  SERVICE
PROVIDER BY SUCH PERSON IN ACTIVE MILITARY SERVICE CANCELING OR SUSPEND-
ING  HIS OR HER CONTRACT WITHIN ONE WEEK OF HIS OR HER RECEIPT OF ORDERS
TO REPORT FOR MILITARY SERVICE. SUCH NOTICE SHALL INCLUDE A COPY OF  THE
ORDERS  IN  QUESTION.  IF  MILITARY  NECESSITY OR CIRCUMSTANCES MAKE THE
PROVISION OF A COPY OF THE ORDERS AT THE TIME WRITTEN NOTICE  IS  DELIV-
ERED  UNREASONABLE  OR  IMPOSSIBLE, SUCH ORDERS SHALL BE PROVIDED WITHIN
NINETY DAYS AFTER WRITTEN NOTICE HAS BEEN DELIVERED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10473-01-5

S. 4786                             2
              

  (B) DELIVERY OF SUCH NOTICE SHALL BE ACCOMPLISHED  BY  CERTIFIED  MAIL
DULY  ADDRESSED TO THE SERVICE PROVIDER AND TERMINATION OR SUSPENSION OF
SERVICES SHALL BE DEEMED EFFECTIVE ON THE DATE SUCH NOTICE IS MAILED.
  3.  (A)  A PERSON WHO TERMINATES OR SUSPENDS THE PROVISION OF SERVICES
UNDER THIS SECTION AND WHO IS NO LONGER IN ACTIVE SERVICE MAY  REINSTATE
THE PROVISION OF SERVICES ON THE SAME TERMS AND CONDITIONS AS ORIGINALLY
AGREED TO WITH THE SERVICE PROVIDER BEFORE THE TERMINATION OR SUSPENSION
UPON WRITTEN NOTICE TO THE SERVICE PROVIDER THAT THE PERSON IS NO LONGER
IN ACTIVE SERVICE. SUCH WRITTEN NOTICE SHALL BE GIVEN WITHIN NINETY DAYS
AFTER THE TERMINATION OF THE PERSON'S ACTIVE SERVICE.
  (B)  UPON  RECEIPT OF THE WRITTEN NOTICE OF REINSTATEMENT, THE SERVICE
PROVIDER SHALL RESUME THE PROVISION OF SERVICES OR, IF THE SERVICES  ARE
NO  LONGER  AVAILABLE,  PROVIDE  SUBSTANTIALLY SIMILAR SERVICES WITHIN A
REASONABLE TIME NOT TO EXCEED THIRTY DAYS FROM THE DATE  OF  RECEIPT  OF
THE WRITTEN NOTICE OF REINSTATEMENT.
  4.  A  PERSON  WHO TERMINATES, SUSPENDS OR REINSTATES THE PROVISION OF
SERVICES UNDER THIS SECTION:
  (A) MAY NOT BE CHARGED A PENALTY, FEE, LOSS OF DEPOSIT, OR  ANY  OTHER
ADDITIONAL COST BECAUSE OF THE TERMINATION, SUSPENSION OR REINSTATEMENT;
AND
  (B)  IS  NOT  LIABLE  FOR PAYMENT FOR ANY SERVICES AFTER THE EFFECTIVE
DATE OF THE TERMINATION OR SUSPENSION, OR UNTIL THE EFFECTIVE DATE OF  A
REINSTATEMENT  OF  SERVICES  AS  DESCRIBED  IN SUBDIVISION THREE OF THIS
SECTION.
  S 2. This act shall take effect immediately.