HOUSE OF REPRESENTATIVES	H.B. NO.	538
TWENTY-EIGHTH LEGISLATURE, 2015		H.D. 2
STATE OF HAWAII		S.D. 1

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 assist victims of domestic abuse by authorizing the family court to issue an order requiring wireless telecommunications service providers to:

     (1)  Transfer billing authority and all rights to the wireless numbers of a shared wireless plan to a petitioner who has been granted an order of protection pursuant to chapter 586, Hawaii Revised Statutes, if the petitioner is not the account holder; or

     (2)  Remove or release a petitioner from a shared wireless plan and assign a substitute telephone number or numbers.

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

     "§586-   Transfer or release of domestic abuse victims from shared wireless plans. (a)  The court may issue an order requiring a wireless telecommunications service provider to:

(1) Transfer the billing authority and all rights to the wireless telephone number or numbers of a shared wireless plan to a petitioner who has been granted an order for protection pursuant to this chapter if the petitioner is not the account holder of the shared wireless plan; provided that if the petitioner is not the protected party named in the order for protection, the billing authority and rights to the wireless telephone number or numbers of a shared wireless plan may be transferred to another person who shall serve as the account holder, as requested by or on behalf of the protected party; or

(2) Remove or release the petitioner from a shared wireless plan and assign a substitute telephone number or numbers; provided that if the petitioner is not the protected party named in the order for protection, the court may order that the protected party be removed or released from a shared wireless plan and assigned a substitute telephone number or numbers and order a person, as requested by or on behalf of the protected party, to be the account holder for the substitute telephone number or numbers.

(b)  The order issued pursuant to 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:

"Wireless telecommunications service" shall have the same meaning as "commercial mobile radio service" as defined in 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 officers, 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, 2015.

Report Title:

Domestic Abuse; Wireless Plans; Wireless Telecommunications Service Providers; Contractual Release

Description:

Authorizes the family court to issue an order requiring wireless telecommunications service providers to:  transfer billing authority and rights to phone numbers of a shared wireless plan to a petitioner who is a domestic abuse victim; or release a petitioner who is a domestic abuse victim from a shared wireless plan and assign a substitute telephone number.  Specifies parties entitled to relief and payment responsibilities in situations where the petitioner is not the protected party named in the order for protection.  (SD1)

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