72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1638
 
                           A-Engrossed
 
                         Senate Bill 828
                 Ordered by the Senate April 11
           Including Senate Amendments dated April 11
 
Sponsored by Senator WALKER; Senators DEVLIN, MINNIS, B STARR,
  Representatives BEYER, PROZANSKI, TOMEI (at the request of Lane
  County Domestic Violence Council - Civil Justice Committee)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Prohibits termination of local exchange residential service
when termination would significantly endanger customer or person
in household of customer who is at risk of domestic violence,
unwanted sexual contact, disabled person abuse, elderly person
abuse or stalking.
 
                        A BILL FOR AN ACT
Relating to telecommunications.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2003 Act is added to and made
a part of sections 2 to 6, chapter 290, Oregon Laws 1987. + }
  SECTION 2.  { + (1) In carrying out the provisions of section
2, chapter 290, Oregon Laws 1987, the Public Utility Commission
shall adopt rules to prohibit the termination of local exchange
residential service if the termination would significantly
endanger a customer, or a person in the household of the
customer, who is:
  (a) At risk of domestic violence, as defined in ORS 135.230;
  (b) At risk of unwanted sexual contact, as defined in ORS
163.305;
  (c) A disabled person, as defined in ORS 124.005, who is at
risk of abuse, as defined in ORS 124.005 (1)(a), (d) or (e);
  (d) An elderly person, as defined in ORS 124.005, who is at
risk of abuse, as defined in ORS 124.005 (1)(a), (d) or (e); or
  (e) A victim of stalking, as described in ORS 163.732.
  (2) A customer may establish that termination of local exchange
residential service would significantly endanger the customer, or
a person in the household of the customer, by providing a
telecommunications public utility with:
  (a) A copy of an order issued under ORS 107.700 to 107.732,
124.005 to 124.040 or 163.738 that restrains another person from
contact with the customer or a person in the household of the
customer; or
  (b) A copy of a court order not described in paragraph (a) of
this subsection that restrains another person from contact with
the customer, or a person in the household of the customer, by
reason of a risk described in subsection (1) of this section or
by reason of stalking.
  (3) The commission shall require that each telecommunications
public utility establish procedures for submitting and receiving
orders under subsection (2) of this section. An order submitted
under subsection (2) of this section is valid for such period as
the commission prescribes by rule.
  (4) This section does not apply to termination of any
telecommunication service other than local exchange residential
service.
  (5) A customer submitting an order as provided by subsection
(2) of this section is not excused from paying for
telecommunication service. Customers are required to enter into a
reasonable payment agreement with the telecommunications public
utility if an overdue balance exists. Local exchange residential
service may be terminated if a customer refuses to enter into or
fails to abide by the terms of a reasonable payment agreement.
  (6) Nothing in this section prevents the termination of local
exchange residential service if the telecommunications public
utility providing the service does not have the technical ability
to terminate toll telecommunication service without also
terminating local exchange residential service. + }
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