Bill Text: NY A07717 | 2015-2016 | General Assembly | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-06-08 - substituted by s4786a [A07717 Detail]
Download: New_York-2015-A07717-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7717--A 2015-2016 Regular Sessions I N A S S E M B L Y May 26, 2015 ___________ Introduced by M. of A. DenDEKKER -- read once and referred to the Committee on Consumer Affairs and Protection -- 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: 1 Section 1. The military law is amended by adding a new section 311-c 2 to read as follows: 3 S 311-C. TERMINATION WITHOUT PENALTY OF CERTAIN SERVICE CONTRACTS. 1. 4 THE PROVISIONS OF THIS SECTION SHALL APPLY TO EVERY CONTRACT FOR 5 SERVICES FROM A TELECOMMUNICATIONS SERVICE PROVIDER, AN INTERNET SERVICE 6 PROVIDER, A HEALTH CLUB AS DEFINED IN SECTION SIX HUNDRED TWENTY-ONE OF 7 THE GENERAL BUSINESS LAW, A HEALTH SPA, OR A PROVIDER OF TELEVISION 8 SERVICES, INCLUDING BUT NOT LIMITED TO CABLE TELEVISION, DIRECT SATEL- 9 LITE AND OTHER TELEVISION-LIKE SERVICES, IN ANY CASE IN WHICH: (A) SUCH 10 CONTRACT WAS EXECUTED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION BY 11 OR ON BEHALF OF A PERSON WHO, AFTER THE EXECUTION OF SUCH CONTRACT, 12 ENTERED ACTIVE MILITARY SERVICE FOR NINETY DAYS OR LONGER; AND (B) THE 13 PERSON'S MILITARY SERVICE IS AT A LOCATION WHERE THE SERVICE PROVIDER 14 CANNOT PROVIDE THE SERVICES COVERED BY THE CONTRACT. 15 2. (A) ANY CONTRACT DESCRIBED IN SUBDIVISION ONE OF THIS SECTION MAY 16 BE TERMINATED WITHOUT PENALTY BY WRITTEN NOTICE DELIVERED TO THE SERVICE 17 PROVIDER BY SUCH PERSON IN ACTIVE MILITARY SERVICE CANCELING HIS OR HER 18 CONTRACT WITHIN FOURTEEN DAYS OF HIS OR HER RECEIPT OF ORDERS TO REPORT 19 FOR MILITARY SERVICE. SUCH NOTICE SHALL INCLUDE A COPY OF THE ORDERS IN 20 QUESTION. 21 (B) DELIVERY OF SUCH NOTICE SHALL BE IN ACCORDANCE WITH INDUSTRY STAN- 22 DARDS FOR NOTIFICATION OF TERMINATIONS, TOGETHER WITH THE FUTURE DATE ON 23 WHICH THE SERVICE IS TO BE TERMINATED. 24 S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10473-02-5