Bill Text: NY A08018 | 2013-2014 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires companies to allow victims of domestic violence to cancel contracts when there is a permanent order of protection in place.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - print number 8018a [A08018 Detail]
Download: New_York-2013-A08018-Introduced.html
Bill Title: Requires companies to allow victims of domestic violence to cancel contracts when there is a permanent order of protection in place.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - print number 8018a [A08018 Detail]
Download: New_York-2013-A08018-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8018
2013-2014 Regular Sessions
I N A S S E M B L Y
June 14, 2013
___________
Introduced by M. of A. ROZIC -- read once and referred to the Committee
on Corporations, Authorities and Commissions
AN ACT to amend the public service law and the general business law, in
relation to requiring companies to allow victims of domestic violence
to cancel contracts when there is a permanent order of protection in
place
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 91 of the public service law is amended by adding a
2 new subdivision 8 to read as follows:
3 8. EVERY LOCAL EXCHANGE TELEPHONE CORPORATION, AS DEFINED IN THIS
4 CHAPTER SHALL ALLOW A CUSTOMER WHO IS UNDER CONTRACT, INCLUDING BUT NOT
5 LIMITED TO A MULTI-YEAR CONTRACT OR BUNDLE CONTRACT, TO BREAK SUCH
6 CONTRACT WITHOUT PENALTY WHEN SUCH CUSTOMER IS: (A) A VICTIM OF DOMESTIC
7 VIOLENCE, AS DEFINED IN SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL
8 SERVICES LAW; (B) SUCH CUSTOMER REQUESTS RELEASE IN WRITING; AND (C)
9 SUCH CUSTOMER POSSESSES ANY ORDER OF PROTECTION, OTHER THAN A TEMPORARY
10 ORDER OF PROTECTION, THAT HAS BEEN ISSUED BY A COURT OF COMPETENT JURIS-
11 DICTION. THE TELEPHONE COMPANY SHALL WAIVE THE OTHERWISE APPLICABLE
12 CHARGES FOR BREAKING SUCH CONTRACT. SUCH WAIVER OF CHARGES SHALL BE FOR
13 THE DURATION OF THE APPLICABLE, NON-TEMPORARY, ORDER.
14 S 2. Section 399-yy of the general business law, as added by chapter
15 327 of the laws of 2010, is amended to read as follows:
16 S 399-yy. Cable television company providing telephone services. 1.
17 Every cable television company, as defined in section two hundred twelve
18 of the public service law, that provides telephone service to customers
19 in New York shall, at its option: a. allow a customer to use a modified
20 or alternative name for a directory listing or b. waive the otherwise
21 applicable charges for a non-published telephone listing, where the
22 customer requests protection of its identity in connection with the
23 customer's purchase of telephone service and the customer is a victim of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10585-01-3
A. 8018 2
1 domestic violence, as defined in section four hundred fifty-nine-a of
2 the social services law, and for whose benefit any order of protection,
3 other than a temporary order of protection, has been issued by a court
4 of competent jurisdiction. This waiver of charges shall be for the dura-
5 tion of the applicable, non-temporary, order. Any non-published listings
6 provided in this section shall conform to all the same requirements of
7 other non-published listings. A customer requesting such an accommo-
8 dation shall provide a copy of the order of protection to the applicable
9 telephone provider.
10 2. EVERY CABLE TELEVISION COMPANY, AS DEFINED IN SECTION TWO HUNDRED
11 TWELVE OF THE PUBLIC SERVICE LAW, THAT PROVIDES TELEVISION AND/OR TELE-
12 PHONE SERVICE TO CUSTOMERS IN NEW YORK SHALL ALLOW A CUSTOMER WHO IS
13 UNDER CONTRACT, INCLUDING BUT NOT LIMITED TO A MULTI-YEAR CONTRACT OR
14 BUNDLE CONTRACT, TO BREAK SUCH CONTRACT WITHOUT PENALTY WHEN SUCH
15 CUSTOMER IS: (A) A VICTIM OF DOMESTIC VIOLENCE, AS DEFINED IN SECTION
16 FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW; (B) SUCH CUSTOMER
17 REQUESTS RELEASE IN WRITING; AND (C) SUCH CUSTOMER POSSESSES ANY ORDER
18 OF PROTECTION, OTHER THAN A TEMPORARY ORDER OF PROTECTION, THAT HAS BEEN
19 ISSUED BY A COURT OF COMPETENT JURISDICTION.
20 S 3. The general business law is amended by adding a new section 399-
21 yyy to read as follows:
22 S 399-YYY. SATELLITE TELEVISION COMPANY PROVIDING TELEVISION AND/OR
23 TELEPHONE SERVICES. 1. EVERY DIRECT BROADCAST SATELLITE SERVICE PROVID-
24 ER, AS DEFINED IN THIS SECTION, THAT PROVIDES TELEVISION AND/OR TELE-
25 PHONE SERVICES TO CUSTOMERS IN NEW YORK SHALL ALLOW A CUSTOMER WHO IS
26 UNDER CONTRACT, INCLUDING BUT NOT LIMITED TO A MULTI-YEAR CONTRACT OR
27 BUNDLE CONTRACT, TO BREAK SUCH CONTRACT WITHOUT PENALTY WHEN SUCH
28 CUSTOMER IS (A) A VICTIM OF DOMESTIC VIOLENCE, AS DEFINED IN SECTION
29 FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW AND (B) SUCH
30 CUSTOMER REQUESTS RELEASE IN WRITING AND (C) SUCH CUSTOMER POSSESSES ANY
31 ORDER OF PROTECTION, OTHER THAN A TEMPORARY ORDER OF PROTECTION, THAT
32 HAS BEEN ISSUED BY A COURT OF COMPETENT JURISDICTION.
33 2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
34 THE FOLLOWING MEANINGS:
35 (A) "DIRECT BROADCAST SATELLITE SERVICE", MEANS THE DISTRIBUTION OR
36 BROADCASTING BY SATELLITE OF VIDEO PROGRAMMING OR SERVICES DIRECTLY TO
37 RECEIVING EQUIPMENT LOCATED AT AN END USER SUBSCRIBER'S OR AN END USER
38 CUSTOMER'S PREMISES, INCLUDING, BUT NOT LIMITED TO, THE PROVISION OF
39 PREMIUM CHANNELS, THE PROVISION OF MUSIC OR OTHER AUDIO SERVICES OR
40 CHANNELS, AND ANY OTHER SERVICE RECEIVED IN CONNECTION WITH THE
41 PROVISION OF DIRECT BROADCAST SATELLITE SERVICE.
42 (B) "DIRECT BROADCAST SATELLITE SERVICE PROVIDER", MEANS A PERSON WHO
43 TRANSMITS, BROADCASTS OR OTHERWISE PROVIDES DIRECT BROADCAST SATELLITE
44 SERVICE TO SUBSCRIBERS OR CUSTOMERS IN THE STATE.
45 S 4. This act shall take effect immediately.
