Bill Text: NY A00998 | 2023-2024 | General Assembly | Introduced

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Bill Title: Clarifies the process for the release of individuals from utility, phone and television contracts in instances of domestic violence; changes the effectiveness of the provisions to June 30, 2023.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-03-03 - signed chap.42 [A00998 Detail]

Download: New_York-2023-A00998-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           998

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 12, 2023
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Corporations, Authorities and Commissions

        AN ACT to amend the public service law and the general business law,  in
          relation  to  requiring the release of individuals from utility, phone
          and television contracts in instances of  domestic  violence;  and  to
          amend  a  chapter  of the laws of 2022 amending the public service law
          and the general business law relating  to  requiring  the  release  of
          individuals  from utility, phone and television contracts in instances
          of  domestic  violence,  as  proposed  in  legislative  bills  numbers
          S.7157-A and A.6207-B, in relation to the effectiveness thereof

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 48-a of the public service law, as added by a chap-
     2  ter of the laws of 2022 amending the public service law and the  general
     3  business law relating to requiring the release of individuals from util-
     4  ity,  phone  and television contracts in instances of domestic violence,
     5  as proposed in legislative  bills  numbers  S.7157-A  and  A.6207-B,  is
     6  amended to read as follows:
     7    §  48-a. Utility services; domestic violence victims. 1. Every utility
     8  corporation shall allow a person who is under  a  shared  contract  with
     9  such utility corporation to opt-out of such contract without fee, penal-
    10  ty  or  charge  when  such  person  is a victim of domestic violence and
    11  provides an attestation in writing [of their eligibility as a victim  of
    12  domestic  violence]  that  they  no  longer  wish  to be a party to such
    13  contract due to their status as a  victim  of  domestic  violence.  Such
    14  utility corporation may not require such person to disclose confidential
    15  information  or  details relating to such person's status as a victim of
    16  domestic violence, as a condition of permitting such person  to  opt-out
    17  of such contract. Further, such utility corporation may not make release
    18  from such contract contingent on: (a) maintaining contractual or billing
    19  responsibility of a separated account with the provider; (b) approval of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04155-01-3
        A. 998                              2

     1  separation by the  primary account holder, if the primary account holder
     2  is  not  the person making such request; or (c) a prohibition or limita-
     3  tion on the separation as a result of arrears accrued  by  the  account.
     4  Such utility corporation shall release such person from such contract no
     5  later than seven days after receiving such opt-out request. Such utility
     6  corporation  shall  dispose  of  information submitted by such person no
     7  later than thirty days after receiving such information in a  manner  as
     8  to maintain confidentiality of such information.
     9    2.  Every utility corporation shall make information about the options
    10  and process described in subdivision one of this section readily  avail-
    11  able  to  customers  on  the  website and any mobile application of such
    12  utility corporation, and in other forms of public-facing customer commu-
    13  nication.
    14    3. A covered provider and any officer, director, employee,  vendor  or
    15  agent  thereof  shall not be subject to liability for any claims arising
    16  from an action taken or omission made with respect  to  compliance  with
    17  this section.
    18    § 2. Section 399-cccc of the general business law, as added by a chap-
    19  ter  of the laws of 2022 amending the public service law and the general
    20  business law relating to requiring the release of individuals from util-
    21  ity, phone and television contracts in instances of  domestic  violence,
    22  as  proposed  in  legislative  bills  numbers  S.7157-A and A.6207-B, is
    23  amended to read as follows:
    24    § 399-cccc. Wireless telephone services;  domestic  violence  victims.
    25  1. Every provider of wireless telephone service, as defined in paragraph
    26  (b)  of  subdivision  one of section twelve hundred twenty-five-c of the
    27  vehicle and traffic law, shall allow a person  who  is  under  a  shared
    28  phone plan contract with such provider to opt-out of such contract with-
    29  out  fee,  penalty  or  charge  when such person is a victim of domestic
    30  violence and provides an attestation in writing [of their eligibility as
    31  a victim of domestic violence] that they no longer wish to be a party to
    32  such contract due to their status as a victim of domestic violence. Such
    33  provider of wireless telephone service may not require  such  person  to
    34  disclose  confidential  information or details relating to such person's
    35  status as a victim of domestic violence, as a  condition  of  permitting
    36  such  person  to  opt-out  of such contract. Further, such   provider of
    37  wireless telephone service may  not  make  release  from  such  contract
    38  contingent  on: (a) maintaining contractual or billing responsibility of
    39  a separated account with the provider; (b) approval of   separation   by
    40  the    primary  account holder, if the primary account holder is not the
    41  person making such request; (c) a prohibition or  limitation  on  number
    42  portability  or  a request to change phone numbers; or (d) a prohibition
    43  or  limitation  on the  separation  as a result of  arrears  accrued  by
    44  the  account.  Such provider of wireless telephone service shall release
    45  such person from such contract no later than seven days after  receiving
    46  such  opt-out request. Such provider of wireless telephone service shall
    47  dispose of information submitted by such person  no  later  than  thirty
    48  days  after receiving such information in a manner as to maintain confi-
    49  dentiality of such information.
    50    2. Every provider of wireless telephone service shall make information
    51  about the options and process  described  in  subdivision  one  of  this
    52  section  readily  available  to  consumers on the website and any mobile
    53  application of the provider, in physical stores, and in other  forms  of
    54  public-facing consumer communication.
    55    3.  A  covered provider and any officer, director, employee, vendor or
    56  agent thereof shall not be subject to liability for any  claims  arising
        A. 998                              3

     1  from  an  action  taken or omission made with respect to compliance with
     2  this section.
     3    §  3. Subdivisions 7 and 8 of section 91 of the public service law, as
     4  amended by a chapter of the laws of 2022 amending the public service law
     5  and the general business law relating to requiring the release of  indi-
     6  viduals  from  utility,  phone  and television contracts in instances of
     7  domestic violence, as proposed in legislative bills numbers S.7157-A and
     8  A.6207-B, are amended to read as follows:
     9    7. Every telephone corporation, as defined in this chapter  shall,  at
    10  its  option:  (a) allow a customer to use a modified or alternative name
    11  for a directory listing or (b) waive the  otherwise  applicable  charges
    12  for  a  non-published  telephone  listing,  where  the customer requests
    13  protection of its identity in connection with the customer's purchase of
    14  telephone service and the customer is a victim of domestic violence,  as
    15  defined in section four hundred fifty-nine-a of the social services law,
    16  and  for  whose  benefit any order of protection, other than a temporary
    17  order of protection, has been issued by a court of  competent  jurisdic-
    18  tion.  This  waiver of charges shall be for the duration of the applica-
    19  ble, non-temporary, order. Any non-published listings provided  in  this
    20  subdivision  shall  conform  to  all the same requirements of other non-
    21  published listings. A customer requesting such  an  accommodation  shall
    22  provide  an  attestation in writing [of their eligibility as a victim of
    23  domestic violence] that they no longer  wish  to  be  a  party  to  such
    24  contract  due  to  their  status  as a victim of domestic violence. Such
    25  telephone corporation may not require such customer to  disclose  confi-
    26  dential  information  or details relating to such customer's status as a
    27  victim of domestic violence, as a condition of implementing such  accom-
    28  modation.  Any  customer  requesting  an  accommodation pursuant to this
    29  subdivision may also request and shall be provided, at no  cost  to  the
    30  customer,  a  new  telephone number within fifteen days from the request
    31  for such accommodation. Such  telephone  corporation  shall  dispose  of
    32  information  submitted  by such customer no later than thirty days after
    33  receiving such information in a manner as to maintain confidentiality of
    34  such information.
    35    8. Every telephone corporation, as  defined  in  this  chapter,  shall
    36  allow  a  person  who is under contract including, but not limited to, a
    37  multi-year contract or bundle contract with such telephone  corporation,
    38  to  opt-out  of  such  contract without fee, penalty or charge when such
    39  person is a victim of domestic violence and provides an  attestation  in
    40  writing  [of  their  eligibility  as a victim of domestic violence] that
    41  they no longer wish to be a party to such contract due to  their  status
    42  as  a  victim  of domestic violence.  Such telephone corporation may not
    43  require such person to  disclose  confidential  information  or  details
    44  relating  to such person's status as a victim of domestic violence, as a
    45  condition of  permitting  such  person  to  opt-out  of  such  contract.
    46  Further,  such  telephone  corporation  may  not  make release from such
    47  contract contingent on: (a) maintaining contractual or billing responsi-
    48  bility of a separated line with the provider; (b) approval of separation
    49  by the primary account holder, if the primary account holder is not  the
    50  person  making  such  request; (c) a prohibition or limitation on number
    51  portability or a request to change phone numbers; or (d)  a  prohibition
    52  or  limitation on the separation of lines as a result of arrears accrued
    53  by the account.  Such telephone corporation shall  release  such  person
    54  from such contract no later than seven days after receiving such opt-out
    55  request. Such telephone corporation shall dispose of information submit-
    56  ted by such person no later than thirty days after receiving such infor-
        A. 998                              4

     1  mation in a manner as to maintain confidentiality of such information. A
     2  claim  for  opting-out  of such contract without charge shall be made in
     3  good faith.  Such telephone corporation shall waive the otherwise appli-
     4  cable  fee,  penalty  or charge for such person requesting to opt-out of
     5  such contract.
     6    § 4. Section 399-yy of the general business law, as amended by a chap-
     7  ter of the laws of 2022 amending the public service law and the  general
     8  business law relating to requiring the release of individuals from util-
     9  ity,  phone  and television contracts in instances of domestic violence,
    10  as proposed in legislative  bills  numbers  S.7157-A  and  A.6207-B,  is
    11  amended to read as follows:
    12    §  399-yy.  Cable  television company providing telephone services. 1.
    13  Every cable television company, as defined in section two hundred twelve
    14  of the public service law, that provides telephone service to  customers
    15  in  New  York  shall,  at  its  option: a. allow a customer without fee,
    16  penalty or charge to use a modified or alternative name for a  directory
    17  listing or b. waive the otherwise applicable charges for a non-published
    18  telephone listing, where the customer requests protection of its identi-
    19  ty  in  connection with the customer's purchase of telephone service and
    20  the customer is a victim of domestic violence,  as  defined  in  section
    21  four  hundred fifty-nine-a of the social services law. Any non-published
    22  listings provided in this section shall conform to all the same require-
    23  ments of other non-published listings. A  customer  requesting  such  an
    24  accommodation  shall  provide an attestation in writing [of their eligi-
    25  bility as a victim of domestic violence] that they no longer wish to  be
    26  a  party  to  such  contract due to their status as a victim of domestic
    27  violence. Such cable television company may not require such customer to
    28  disclose confidential information or details relating to such customer's
    29  status as a victim of domestic violence, as a condition of  implementing
    30  such accommodation. Any customer requesting an accommodation pursuant to
    31  this  section  may also request and shall be provided, at no cost to the
    32  customer, a new telephone number within fifteen days  from  the  request
    33  for  such accommodation.  Such cable television company shall dispose of
    34  information submitted by such customer no later than thirty  days  after
    35  receiving such information in a manner as to maintain confidentiality of
    36  such information.
    37    2.  Every  cable television company, as defined in section two hundred
    38  twelve of the public service law, that provides television and/or  tele-
    39  phone service to customers in New York under contract including, but not
    40  limited  to  a  multi-year  contract or bundled contract with such cable
    41  television company, shall allow a person to  opt-out  of  such  contract
    42  without  fee, penalty or charge when such person is a victim of domestic
    43  violence and provides an attestation in writing [of their eligibility as
    44  a victim of domestic violence] that they no longer wish to be a party to
    45  such contract due to their status as a victim of domestic violence. Such
    46  cable television company may not require such person to disclose  confi-
    47  dential  information  or  details  relating to such person's status as a
    48  victim of domestic violence, as a condition of permitting such person to
    49  opt-out of such contract. Further, such cable television company may not
    50  make release from such contract contingent on: (a) maintaining  contrac-
    51  tual or billing responsibility of a separated account with the provider;
    52  (b) approval of separation by the primary account holder, if the primary
    53  account  holder is not the person making such request; or (c) a prohibi-
    54  tion or limitation on the separation as a result of arrears  accrued  by
    55  the  account.  Such  cable  television company shall release such person
    56  from such contract no later than seven days after receiving such opt-out
        A. 998                              5

     1  request. Such cable television  company  shall  dispose  of  information
     2  submitted  by such person no later than thirty days after receiving such
     3  information in a manner as to maintain confidentiality of such  informa-
     4  tion.  A  claim  for opting-out of such contract without charge shall be
     5  made in good faith. Such cable television company shall waive the other-
     6  wise applicable fee, penalty or charge for  such  person  requesting  to
     7  opt-out  of  such  contract.  Every  cable television company shall make
     8  information about the options and  process  described  in  this  section
     9  readily available to consumers on the website and any mobile application
    10  of the provider, in physical stores, and in other forms of public-facing
    11  consumer communication.
    12    3.  A  covered provider and any officer, director, employee, vendor or
    13  agent thereof shall not be subject to liability for any  claims  arising
    14  from  an  action  taken or omission made with respect to compliance with
    15  this section.
    16    § 5. Subdivision 1 of section 399-yyy of the general business law,  as
    17  amended by a chapter of the laws of 2022 amending the public service law
    18  and  the general business law relating to requiring the release of indi-
    19  viduals from utility, phone and television  contracts  in  instances  of
    20  domestic violence, as proposed in legislative bills numbers S.7157-A and
    21  A.6207-B, is amended to read as follows:
    22    1.  Every  direct  broadcast satellite service provider, as defined in
    23  this section, that provides  television  and/or  telephone  services  to
    24  customers in New York shall allow a person who is under contract includ-
    25  ing,  but  not limited to a multi-year contract or bundled contract with
    26  such satellite television company, to opt-out of such  contract  without
    27  fee,  penalty  or  charge  when  such  a  person is a victim of domestic
    28  violence and provides an attestation in writing [of their eligibility as
    29  a victim of domestic violence] that they no longer wish to be a party to
    30  such contract due to their status as a victim of domestic violence. Such
    31  satellite television company may not require  such  person  to  disclose
    32  confidential  information or details relating to such person's status as
    33  a victim of domestic violence, as a condition of permitting such  person
    34  to  opt-out of such contract. Further, such satellite television company
    35  may not make release from such contract contingent on:  (a)  maintaining
    36  contractual  or  billing  responsibility of a separated account with the
    37  provider; (b) approval of separation by the primary account  holder,  if
    38  the primary account holder is not the person making such request; or (c)
    39  a  prohibition  or  limitation  on the separation as a result of arrears
    40  accrued by the account. Such satellite television company shall  release
    41  such  person from such contract no later than seven days after receiving
    42  such opt-out request. Such satellite television company shall dispose of
    43  information submitted by such person no later  than  thirty  days  after
    44  receiving such information in a manner as to maintain confidentiality of
    45  such information. A claim for opting-out of such contract without charge
    46  shall  be  made  in good faith.  Such satellite television company shall
    47  waive the otherwise applicable fee, penalty or charge  for  such  person
    48  requesting  to  opt-out  of  such  contract.  Every satellite television
    49  company shall make information about the options and  process  described
    50  in  this  section  readily available to consumers on the website and any
    51  mobile application of the provider, in physical  stores,  and  in  other
    52  forms of public-facing consumer communication.
    53    §  6.  Section  6 of a chapter of the laws of 2022 amending the public
    54  service law and the general  business  law  relating  to  requiring  the
    55  release  of  individuals from utility, phone and television contracts in
        A. 998                              6

     1  instances of domestic violence, as proposed in legislative bills numbers
     2  S.7157-A and A.6207-B, is amended to read as follows:
     3    §  6.  This  act  shall  take  effect  [immediately and shall apply to
     4  contracts entered into on and after such effective date] June 30, 2023.
     5    § 7. This act shall take effect on the  same  date  and  in  the  same
     6  manner  as a chapter of the laws of 2022 amending the public service law
     7  and the general business law relating to requiring the release of  indi-
     8  viduals  from  utility,  phone  and television contracts in instances of
     9  domestic violence, as proposed in legislative bills numbers S.7157-A and
    10  A.6207-B, takes effect.