senate Bill S4786A

Signed By Governor
2015-2016 Legislative Session

Relates to the termination without penalty of certain service contracts

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (24)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 21, 2016 signed chap.164
Jul 13, 2016 delivered to governor
Jun 08, 2016 returned to senate
passed assembly
ordered to third reading rules cal.54
substituted for a7717a
Mar 16, 2016 referred to consumer affairs and protection
delivered to assembly
passed senate
Mar 02, 2016 advanced to third reading
Mar 01, 2016 2nd report cal.
Feb 29, 2016 1st report cal.240
Jan 06, 2016 referred to veterans, homeland security and military affairs
returned to senate
died in assembly
Jun 16, 2015 referred to consumer affairs and protection
delivered to assembly
passed senate
Jun 03, 2015 advanced to third reading
Jun 02, 2015 2nd report cal.
Jun 01, 2015 1st report cal.1087
May 20, 2015 print number 4786a
May 20, 2015 amend (t) and recommit to veterans, homeland security and military affairs
Apr 17, 2015 referred to veterans, homeland security and military affairs

Votes

view votes

Feb 29, 2016 - Veterans, Homeland Security and Military Affairs committee Vote

S4786A
12
0
committee
12
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Veterans, Homeland Security and Military Affairs committee vote details

Veterans, Homeland Security and Military Affairs Committee Vote: Feb 29, 2016

excused (1)

Jun 1, 2015 - Veterans, Homeland Security and Military Affairs committee Vote

S4786A
11
0
committee
11
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Veterans, Homeland Security and Military Affairs committee vote details

Veterans, Homeland Security and Military Affairs Committee Vote: Jun 1, 2015

aye wr (1)

S4786 - Details

See Assembly Version of this Bill:
A7717
Law Section:
Military Law
Laws Affected:
Add §311-c, Mil L

S4786 - Summary

Relates to the termination without penalty of certain service contracts; allows active duty service members under certain conditions to cancel contracts without penalty with telecommunications service providers, internet service providers, health clubs, health spas, or television service providers when they receive their orders; requires service members include a copy of their orders when providing written notice.

S4786 - Sponsor Memo

S4786 - Bill Text download pdf

                    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

Co-Sponsors

S4786A (ACTIVE) - Details

See Assembly Version of this Bill:
A7717
Law Section:
Military Law
Laws Affected:
Add §311-c, Mil L

S4786A (ACTIVE) - Summary

Relates to the termination without penalty of certain service contracts; allows active duty service members under certain conditions to cancel contracts without penalty with telecommunications service providers, internet service providers, health clubs, health spas, or television service providers when they receive their orders; requires service members include a copy of their orders when providing written notice.

S4786A (ACTIVE) - Sponsor Memo

S4786A (ACTIVE) - Bill Text download pdf

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

                                 4786--A

                       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 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the military law, in relation to the termination 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 WITHOUT PENALTY OF CERTAIN SERVICE CONTRACTS.  1.
THE  PROVISIONS  OF  THIS  SECTION  SHALL  APPLY  TO  EVERY CONTRACT FOR
SERVICES FROM A TELECOMMUNICATIONS SERVICE PROVIDER, 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  SATEL-
LITE  AND OTHER TELEVISION-LIKE SERVICES, IN ANY CASE IN WHICH: (A) SUCH
CONTRACT WAS EXECUTED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION  BY
OR  ON  BEHALF  OF  A  PERSON WHO, AFTER THE EXECUTION OF SUCH CONTRACT,
ENTERED ACTIVE MILITARY SERVICE FOR NINETY DAYS OR LONGER; AND  (B)  THE
PERSON'S  MILITARY  SERVICE  IS AT A LOCATION WHERE THE SERVICE PROVIDER
CANNOT PROVIDE THE SERVICES COVERED BY THE CONTRACT.
  2. (A) ANY CONTRACT DESCRIBED IN SUBDIVISION ONE OF THIS  SECTION  MAY
BE TERMINATED WITHOUT PENALTY BY WRITTEN NOTICE DELIVERED TO THE SERVICE
PROVIDER  BY SUCH PERSON IN ACTIVE MILITARY SERVICE CANCELING HIS OR HER
CONTRACT WITHIN FOURTEEN DAYS OF HIS OR HER RECEIPT OF ORDERS TO  REPORT
FOR  MILITARY SERVICE. SUCH NOTICE SHALL INCLUDE A COPY OF THE ORDERS IN
QUESTION.
  (B) DELIVERY OF SUCH NOTICE SHALL BE IN ACCORDANCE WITH INDUSTRY STAN-
DARDS FOR NOTIFICATION OF TERMINATIONS, TOGETHER WITH THE FUTURE DATE ON
WHICH THE SERVICE IS TO BE TERMINATED.
  S 2. This act shall take effect immediately.

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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.