Relating to communication services; and declaring an emergency.
 
 
 
     73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 983
 
Sponsored by COMMITTEE ON RULES
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to communication services; and declaring an emergency.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1.  { + Section 2 of this 2005 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 person with disabilities, 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 an affidavit signed by the
customer stating that termination would place the customer, or a
person in the household of the customer, at significant risk of
domestic violence, as defined in ORS 135.230, or of unwanted
sexual contact, as defined in ORS 163.305. The customer must
attach to the affidavit a copy of an order issued under ORS
30.866, 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 a copy of any other
court order 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
affidavits under subsection (2) of this section.
  (4) This section does not apply to termination of any
telecommunication service other than local exchange residential
service.
 
 
 
Enrolled Senate Bill 983 (SB 983-INTRO)                    Page 1
 
 
 
  (5) A customer submitting an affidavit 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. + }
  SECTION 3.  { + This 2005 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2005 Act takes effect September 1,
2005. + }
                         ----------
 
 
Passed by Senate March 30, 2005
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 25, 2005
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 983 (SB 983-INTRO)                    Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2005
 
Approved:
 
......M.,............., 2005
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2005
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 983 (SB 983-INTRO)                    Page 3