Senate Bill S8786

                                
 
BILL NUMBER: S8786

SPONSOR: MAYER
 
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 whom 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 PROVISIONS:

Section I of the bill amends the general business law by adding new
section 399-ccc to provide 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.

Section II sets forth the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The amended version makes a technical change to the effective date.

 
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 iden-
tification 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, circum-
stances 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, creat-
ing 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:

2017: A00946A (Rozic) - Passed Assembly
2016: A00326A (Rozic) - Passed Assembly
2015: A00326 (Rozic) - Passed Assembly
2014: A07964B (Rozic) - Passed Assembly
2013: A07964 (Rozic) - Corporations, Authorities & Commissions

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.