HOUSE OF REPRESENTATIVES

H.B. NO.

538

TWENTY-EIGHTH LEGISLATURE, 2015

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO DOMESTIC VIOLENCE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. The legislature finds that victims of domestic abuse currently lack meaningful support and viable options when establishing a plan to leave an abuser. Independence of a wireless phone plan may often aid these victims in formulating and following through on a means of escape, especially in situations where the abuser is the account manager for the cell phone plan, and as a result, may view any calls and account activity of phones associated with the shared or family cell phone plan.

The purpose of this Act is to allow victims of domestic abuse to retain use of an existing wireless telephone number even when the victim is not the account holder.

SECTION 2. Chapter 586, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"586-   Release of domestic abuse victims from shared wireless plans. (a) The court may issue an order requiring all wireless telecommunications service providers to transfer the billing authority and all rights to the wireless telephone number or numbers to the petitioner, if the petitioner is not the account holder.

(b) The court order listed in subsection (a) shall be a separate order that is directed to the wireless telecommunications service provider. The order shall list the name and billing telephone number of the account holder, the name of the person to whom the telephone number or numbers will be transferred, and each telephone number to be transferred.

(c) For purposes of this section:

"Domestic abuse" has the same meaning as in section 586-1.

"Wireless telecommunications service" means commercial mobile radio service as defined by title 47 Code of Federal Regulations section 20.3.

"Wireless telecommunications service provider" means a provider of wireless telecommunications service.

(d) A cause of action shall not lie against any wireless telecommunications service provider, its officer, employees, or agents for the actions taken that are related to the transfer of the billing authority and rights to the wireless telephone number or numbers in accordance with the terms of a court order issued pursuant to this section."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2050.


 


 

Report Title:

Domestic Abuse; Wireless Plans; Contractual Release

 

Description:

Requires wireless telecommunications service providers to transfer the billing authority and rights to the wireless telephone number or numbers to the petitioner, if the petitioner is not the account holder, upon court order. (HB538 HD2)

 

 

 

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