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Assembly Bill A326A

2015-2016 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 Consumer Protection Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2015-A326 - Details

See Senate Version of this Bill:
S1406
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §399-cccc, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7964, S5032
2017-2018: A946, S2436

2015-A326 - 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.

2015-A326 - Bill Text download pdf 

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

                                   326

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by M. of A. ROZIC, ROSENTHAL, ABINANTI -- Multi-Sponsored by
  -- M. of A. KEARNS, PERRY -- read once and referred to  the  Committee
  on Consumer Affairs and Protection

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
EMPLOYMENT,  SOCIAL  WORKER,  A  RAPE  CRISIS  COUNSELOR,  AS DEFINED IN
SECTION FORTY-FIVE HUNDRED TEN OF THE CIVIL PRACTICE LAW AND  RULES,  OR
ADVOCATE  ACTING  ON  BEHALF OF AN AGENCY THAT ASSISTS DOMESTIC VIOLENCE
VICTIMS. A CLAIM FOR OPTING-OUT OF SUCH CONTRACT WITHOUT CHARGE SHALL BE
MADE IN GOOD FAITH. SUCH PROVIDER SHALL WAIVE THE  OTHERWISE  APPLICABLE

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

co-Sponsors

multi-Sponsors

2015-A326A (ACTIVE) - Details

See Senate Version of this Bill:
S1406
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §399-cccc, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7964, S5032
2017-2018: A946, S2436

2015-A326A (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.

2015-A326A (ACTIVE) - Bill Text download pdf 

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

                                 326--A
                                                         Cal. No. 26

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A.  ROZIC,  ROSENTHAL, ABINANTI, OTIS, WALKER --
  Multi-Sponsored by -- M. of A. KEARNS, PERRY -- read once and referred
  to the Committee on Consumer Affairs and Protection -- advanced  to  a
  third  reading,  amended and ordered reprinted, retaining its place on
  the order of third reading

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-cccc to read as follows:
  S  399-CCCC.  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
EMPLOYMENT, SOCIAL WORKER,  A  RAPE  CRISIS  COUNSELOR,  AS  DEFINED  IN
SECTION  FORTY-FIVE  HUNDRED TEN OF THE CIVIL PRACTICE LAW AND RULES, OR
ADVOCATE ACTING ON BEHALF OF AN AGENCY THAT  ASSISTS  DOMESTIC  VIOLENCE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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