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A00274 Summary:

BILL NOA00274A
 
SAME ASNo Same As
 
SPONSORRozic
 
COSPNSRCrespo, Abinanti, Otis, Blake, Bronson, Richardson, Abbate, Simon, Rodriguez, Colton, Raia
 
MLTSPNSRCeretto, Galef, Markey, McDonough, McLaughlin, Thiele
 
Amd S91, Pub Serv L; amd S399-yy, add S399-yyy, Gen Bus L
 
Requires companies to allow victims of domestic violence to cancel contracts when there is a domestic violence incident report, a police report, an order of protection or a signed affidavit.
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A00274 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A274A
 
SPONSOR: Rozic
  TITLE OF BILL: 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 domestic violence incident report, a police report, an order of protection, or a signed affidavit   PURPOSE: To allow victims of domestic violence to cancel cable, internet or phone contracts when there is a domestic violence incident report, a police report, an order of protection, or a signed affidavit   SUMMARY OF PROVISIONS: Section I of the bill amends Section 91 of the public service law by adding a new subdivision 8 which provides that a telephone corporation providing cable, internet, and telephone service to allow a customer who is under contract, including but not limited to a multi-year or bundle contract, to cancel such contract without penalty if such customer is a victim of domestic violence, requests a cancellation of a contract in writing and possesses the required documentation. Section II of the bill amends section 399-yy of the general business law to require a cable television company providing cable, internet, and telephone service to allow a customer who is under contract, including but not limited to a multi-year or bundle contract, to cancel such contract without penalty if such customer is a victim of domestic violence, requests a cancellation of the contract in writing, and possesses the required documentation. Section III of the bill amends section 399-yy of the general business law to require a satellite broadband company providing cable, internet, and telephone service to allow a customer who is under contract, includ- ing but not limited to a multi-year or bundle contract, to cancel such contract without penalty if such customer is a victim of domestic violence, requests a cancellation of the contract in writing and possesses required documentation. Section IV of the bill sets forth 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, which provided that a victim of domestic violence could require telephone companies or cable television companies providing to telephone services to provide an anonymous listing or pseudonymous identification without charge. In the intervening years, a number of victims of domestic violence have availed themselves of this protective service. As the telephone, cable, and satellite industry and its products and services have changed howev- er, circumstances have given rise to the need to extend the protections for victims of domestic violence who may have engaged in a multi-year or bundled contract. This legislation would allow victims of domestic violence who have sought and received a permanent order of protection, and are a party to a contract offered by a telephone corporation or cable television compa- ny providing telephone services to cancel such contract without penalty. While multi-year and "bundle" 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 provid- ers and can be levied against victims of domestic fleeing their batter- ers. When fleeing a batterer, victims of domestic violence often leave behind items of great intrinsic and financial value, creating signif- icant challenges to their ability to afford to move to safety. Providing an cancellation clause in such multi-year and "bundle" contracts so that victims of domestic violence will not have to continue paying for services is good public policy, and consistent with New York and the telephone, cable, satellite industry's historic support for domestic violence victims.   LEGISLATIVE HISTORY: 2014: A08018A (Rozic) - Corporations, Authorities and Commissions 2013: A08018 (Rozic) - Corporations, Authorities and Commissions   FISCAL IMPACT TO THE STATE: None.   EFFECTIVE DATE: This act shall take effect immediately.
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