A02480
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
109
Session of
2023
INTRODUCED BY CIRESI, HILL-EVANS, HOHENSTEIN, SAMUELSON,
McNEILL, HANBIDGE, SCHLOSSBERG, SANCHEZ, RABB, D. WILLIAMS,
PISCIOTTANO, GUENST, DELLOSO, SCHLEGEL CULVER, MADDEN,
NEILSON, WARREN, FIEDLER, FINK, FREEMAN, KINKEAD, GILLEN AND
MALAGARI, MARCH 7, 2023
AS REPORTED FROM COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY
AND UTILITIES, HOUSE OF REPRESENTATIVES, AS AMENDED,
OCTOBER 3, 2023
AN ACT
Prohibiting fees for early termination of certain contracts upon
death; providing for waiver of applicable fees; and imposing
civil penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Prohibition
of Early Contract Termination Fees Upon Death Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Attendance boundary." As defined in section 2002-B of the
act of March 10, 1949 (P.L.30, No.14), known as the Public
School Code of 1949.
"Low-achieving school." As defined in section 2002-B of the
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Public School Code of 1949.
"Provider." A person in this Commonwealth that provides
contract services for cable television, cellular or other
telecommunications, direct broadcast satellite, electric
generation, heating oil, natural gas supply, OR Voice over
Internet Protocol or water.
Section 3. Prohibition on early termination fees.
(a) General rule.--A provider may not impose a fee for early
termination of a service contract if a party to the contract
dies before complete performance of the contract and the
executor or administrator of the decedent's estate provides
notice under subsection (c).
(a) General rule.--
(1) A provider may not impose a fee for early
termination of a service contract if a party to the contract
dies before complete performance of the contract and the
executor or administrator of the decedent's estate provides
notice under subsection (c).
(2) A provider may not impose a fee for early
termination of a service contract if a party to the contract
breaches the contract as a result of permanently moving out
of the attendance boundary of a low-achieving school and into
the attendance boundary of a school that is not a low-
achieving school. This paragraph shall not apply upon the
enactment of legislation to provide for a program to provide
scholarships to eligible students in low-achieving schools to
pay tuition, school-related fees and special education
services fees for attendance at a participating nonpublic
school. The Chief Clerk of the Senate and the Chief Clerk
of the House of Representatives shall jointly submit a notice
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of the enactment of legislation specified under this
paragraph to the Legislative Reference Bureau for publication
in the next available issue of the Pennsylvania Bulletin.
(b) Vehicle lease applicability.--A vehicle lessee shall not
be liable for charges for the early termination of a lease
agreement for a motor vehicle if the lessee dies before the end
of the lease and the executor or administrator of the decedent's
estate provides notice under subsection (c).
(c) Notice of death.--The executor or administrator of a
decedent's estate may terminate a decedent's contract with a
provider or vehicle lessor by providing notice in writing to the
provider or vehicle lessor. The executor or administrator must
submit a copy of the decedent's certificate of death to the
provider or vehicle lessor within 180 days of the written
notice. The provider or vehicle lessor shall waive the charges
under subsection (a) (a)(1) or (b) as of the date the provider
receives notice under this subsection.
(d) Civil penalties.--A violation of this act shall be
considered a violation of the act of December 17, 1968
(P.L.1224, No.387), known as the Unfair Trade Practices and
Consumer Protection Law.
Section 4. Applicability.
This act shall apply to contracts executed on or after the
effective date of this section.
Section 5. Effective date.
This act shall take effect in 60 days.
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