Bill Text: NY S01406 | 2015-2016 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2016-05-24 - REPORTED AND COMMITTED TO ENERGY AND TELECOMMUNICATIONS [S01406 Detail]

Download: New_York-2015-S01406-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         1406--A
                               2015-2016 Regular Sessions
                    IN SENATE
                                    January 12, 2015
                                       ___________
        Introduced  by  Sens. PARKER, HASSELL-THOMPSON, LATIMER, PERALTA, RIVERA
          -- read twice and ordered printed, and when printed to be committed to
          the Committee on Consumer Protection -- recommitted to  the  Committee
          on  Consumer  Protection  in  accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
        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:
     1    Section 1. The general business law is amended by adding a new section
     2  399-cccc to read as follows:
     3    § 399-cccc. Wireless telephone services;  domestic  violence  victims.
     4  Every  provider  of  wireless telephone service, as defined in paragraph
     5  (b) of subdivision one of section twelve hundred  twenty-five-c  of  the
     6  vehicle  and  traffic  law,  shall  allow a person who is under a shared
     7  phone plan contract with such provider and who is a victim  of  domestic
     8  violence involving another person under such shared phone plan contract,
     9  to  opt-out of such contract without charge when such person requests to
    10  opt-out in writing and provides to such provider of  wireless  telephone
    11  service  any  of  the  following  documents,  which shall relate to such
    12  domestic violence, within six months of the document's issuance:  (a)  a
    13  valid domestic violence incident report form, as such term is defined in
    14  subdivision  fifteen of section eight hundred thirty-seven of the execu-
    15  tive law; (b) a valid police report; (c) a valid  order  of  protection;
    16  (d)  a  signed  affidavit  from a licensed medical or mental health care
    17  provider, employee of a court acting within the  scope  of  his  or  her
    18  employment,  social  worker,  a  rape  crisis  counselor,  as defined in
    19  section forty-five hundred ten of the civil practice law and  rules,  or
    20  advocate  acting  on  behalf of an agency that assists domestic violence
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01734-02-6