Bill Text: NY S02356 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires companies to allow victims of domestic violence to cancel contracts when there is a domestic violence incident report, a police report, an order of protection or a signed affidavit.

Spectrum: Slight Partisan Bill (Democrat 7-3)

Status: (Passed) 2019-08-28 - signed chap.186 [S02356 Detail]

Download: New_York-2019-S02356-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2356
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 24, 2019
                                       ___________
        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations
        AN  ACT to amend the public service law and the general business law, in
          relation to requiring companies to allow victims of domestic  violence
          to cancel contracts when there is a domestic violence incident report,
          a police report, an order of protection, or a signed affidavit
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 91 of the public service law is amended by adding a
     2  new subdivision 8 to read as follows:
     3    8. Every telephone corporation, as  defined  in  this  chapter,  shall
     4  allow  a  person  who is under contract including, but not limited to, a
     5  multi-year contract or bundle contract with such telephone  corporation,
     6  to  opt-out of such contract without charge when such person is a victim
     7  of domestic violence and requests to opt-out in writing. Such victim  of
     8  domestic violence shall provide to such telephone corporation any of the
     9  following documents, which shall relate to such domestic violence, with-
    10  in  six months of the document's issuance: (a) a valid domestic violence
    11  incident report form, as such term is defined in subdivision fifteen  of
    12  section  eight  hundred  thirty-seven  of the executive law; (b) a valid
    13  police report; (c) a valid order of protection; (d) a  signed  affidavit
    14  from  a  licensed  medical or mental health care provider, employee of a
    15  court acting within the scope of his or her employment, social worker, a
    16  rape crisis counselor, as defined in section forty-five hundred  ten  of
    17  the  civil  practice  law  and rules, or advocate acting on behalf of an
    18  agency that assists domestic violence victims. A claim for opting-out of
    19  such contract without charge shall be made in good faith. Such telephone
    20  corporation shall waive the otherwise applicable charges for such person
    21  requesting to opt-out of such contract.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00798-01-9
        S. 2356                             2
     1    § 2. Section 399-yy of the general business law, as amended by chapter
     2  202 of the laws of 2013, is amended to read as follows:
     3    §  399-yy.  Cable television company providing telephone services.  1.
     4  Every cable television company, as defined in section two hundred twelve
     5  of the public service law, that provides telephone service to  customers
     6  in  New York shall, at its option: a. allow a customer to use a modified
     7  or alternative name for a directory listing or b.  waive  the  otherwise
     8  applicable  charges  for  a  non-published  telephone listing, where the
     9  customer requests protection of its  identity  in  connection  with  the
    10  customer's purchase of telephone service and the customer is a victim of
    11  domestic  violence,  as  defined in section four hundred fifty-nine-a of
    12  the social services law, and for whose benefit any order of  protection,
    13  other  than  a temporary order of protection, has been issued by a court
    14  of competent jurisdiction. This waiver of charges shall be for the dura-
    15  tion of the applicable, non-temporary, order. Any non-published listings
    16  provided in this section shall conform to all the same  requirements  of
    17  other  non-published  listings.  A  customer requesting such an accommo-
    18  dation shall provide a copy of the order of protection to the applicable
    19  cable television  company.  Any  customer  requesting  an  accommodation
    20  pursuant  to  this section may also request and shall be provided, at no
    21  cost to the customer, a new telephone number within  fifteen  days  from
    22  the request for such accommodation.
    23    2.  Every  cable television company, as defined in section two hundred
    24  twelve of the public service law, that provides television and/or  tele-
    25  phone service to customers in New York under contract including, but not
    26  limited  to  a  multi-year  contract or bundled contract with such cable
    27  television company, shall allow a person to  opt-out  of  such  contract
    28  without  charge  when  such  person is a victim of domestic violence and
    29  request to opt-out in writing. Such victim of  domestic  violence  shall
    30  provide to such cable television company any of the following documents,
    31  which  shall  relate to such domestic violence, within six months of the
    32  document's issuance: (a) a valid domestic violence incident report form,
    33  as such term is defined in subdivision fifteen of section eight  hundred
    34  thirty-seven  of  the  executive  law;  (b) a valid police report; (c) a
    35  valid order of protection;  (d)  a  signed  affidavit  from  a  licensed
    36  medical or mental health care provider, employee of a court acting with-
    37  in  the  scope  of  his  or her employment, social worker, a rape crisis
    38  counselor, as defined in section forty-five hundred  ten  of  the  civil
    39  practice  law  and rules, or advocate acting on behalf of an agency that
    40  assists domestic violence  victims.  A  claim  for  opting-out  of  such
    41  contract  without  charge  shall be made in good faith. Such cable tele-
    42  vision company shall waive the otherwise  applicable  charges  for  such
    43  person requesting to opt-out of such contract.
    44    §  3. The general business law is amended by adding a new section 399-
    45  yyy to read as follows:
    46    § 399-yyy. Satellite television company  providing  television  and/or
    47  telephone  services. 1. Every direct broadcast satellite service provid-
    48  er, as defined in this section, that provides  television  and/or  tele-
    49  phone  services  to  customers  in  New York shall allow a person who is
    50  under contract including, but not limited to a  multi-year  contract  or
    51  bundled  contract  with such satellite television company, to opt-out of
    52  such contract without charge when such a person is a victim of  domestic
    53  violence  and  requests  to  opt-out in writing. Such victim of domestic
    54  violence shall provide to such satellite television company any  of  the
    55  following documents, which shall relate to such domestic violence, with-
    56  in  six months of the document's issuance: (a) a valid domestic violence
        S. 2356                             3
     1  incident report form, as such term is defined in subdivision fifteen  of
     2  section  eight  hundred  thirty-seven  of the executive law; (b) a valid
     3  police report; (c) a valid order of protection; (d) a  signed  affidavit
     4  from  a  licensed  medical or mental health care provider, employee of a
     5  court acting within the scope of his or her employment, social worker, a
     6  rape crisis counselor, as defined in section forty-five hundred  ten  of
     7  the  civil  practice  law  and rules, or advocate acting on behalf of an
     8  agency that assists domestic violence victims. A claim for opting-out of
     9  such contract without charge shall be made in good faith.   Such  satel-
    10  lite television company shall waive the otherwise applicable charges for
    11  such person requesting to opt-out of such contract.
    12    2.  For  the  purposes of this section, the following terms shall have
    13  the following meanings:
    14    (a) "Direct broadcast satellite service", means  the  distribution  or
    15  broadcasting  by  satellite of video programming or services directly to
    16  receiving equipment located at an end user subscriber's or an  end  user
    17  customer's  premises,  including,  but  not limited to, the provision of
    18  premium channels, the provision of music  or  other  audio  services  or
    19  channels,  and  any  other  service  received  in  connection  with  the
    20  provision of direct broadcast satellite service.
    21    (b) "Direct broadcast satellite service provider", means a person  who
    22  transmits,  broadcasts  or otherwise provides direct broadcast satellite
    23  service to subscribers or customers in the state.
    24    § 4. This act shall take effect immediately.