Proposed Res. No. 161-A

Resolution calling upon the New York State Legislature to pass and the Governor to sign A.7964-B/S.5032-B, which would require 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.

By Council Members Espinal, Cabrera, Chin, Constantinides, Deutsch, Ferreras-Copeland, Gibson, Koo, Levine, Mendez, Reynoso, Rose, Williams, Gentile, Cumbo, Cohen, Levin, Lander and Menchaca.

Whereas, According to the New York State Office for the Prevention of Domestic Violence, one in four women will experience domestic violence in their lifetime; and

Whereas, In 2012, there were approximately 329,164 domestic violence and sexual assault hotline calls received in New York State and 304,239 orders of protection issued by New York State courts; and

Whereas, According to the Mayor’s Office to Combat Domestic Violence, the New York City Police Department responded to 280,531 domestic violence incidents in 2013, averaging over 765 incidents per day; and

Whereas, The City’s Domestic Violence Hotline advocates answered 99,719 calls, averaging approximately 270 calls per day; and

Whereas, In 2010, the State of New York extended a new protection to domestic violence victims through Chapter 327 of the laws of 2010; and

Whereas, Chapter 327 requires local exchange telephone companies or cable television companies to provide an anonymous listing or pseudonymous identification, without charge to customers with sufficient proof, such as an order of protection from their batterer, that they are victims of domestic violence; and

Whereas, Wireless telephone companies offer shared minute and family plan contracts to allow customers to save money by consolidating costs; and

Whereas, Early cancellations of such contracts may cost a fee depending on the wireless telephone provider; and

Whereas, A. 7964-B, sponsored by Assembly Member Nily Rozic, was passed in the New York State Assembly, and companion bill S. 5032B, sponsored by State Senator Kevin S. Parker, currently pending in the New York State Senate, seeks to allow victims with sufficient proof of domestic violence, who are under a shared minute and family plan contract with a wireless telephone company to cancel such contract without penalty; and

Whereas, A.7964-B/S.5032-B would provide relief from shared minute and family plan contracts so that victims of domestic violence would not have to continue paying for services shared with their batterer; now, therefore, be it

                     Resolved, That the Council of the City of New York calls upon the New York State Legislature to pass and the Governor to sign A.7964-B/S.5032-B, which would require 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.

PM/JP

LS #1005

9/03/14