Bill Text: NY A00581 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to cancellation of certain membership camping contracts; amends provisions relating to the use of certain information provided by victims of domestic violence.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-04-09 - signed chap.17 [A00581 Detail]
Download: New_York-2013-A00581-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 581 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. DINOWITZ -- read once and referred to the Commit- tee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to cancellation of certain membership camping contracts THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subparagraph 5 of paragraph a of subdivision 2 of section 2 654-a of the general business law, as added by chapter 383 of the laws 3 of 2012, is amended to read as follows: 4 (5) the purchaser of a contract signed by more than one purchaser 5 provides to the operator a copy of any of the following, within six 6 months of its issuance, involving domestic violence by another signatory 7 of the same contract: (A) a valid domestic violence incident report form 8 as such term is defined in subdivision fifteen of section eight hundred 9 thirty-seven of the executive law; (B) a valid police report; (C) a 10 valid order of protection; or (D) a signed affidavit from a licensed 11 medical or mental health care provider, employee of a court acting with- 12 in the scope of his or her employment, social worker, a rape crisis 13 counselor as defined in section forty-five hundred ten of the civil 14 practice law and rules, or advocate acting on behalf of an agency that 15 assists domestic violence victims. Paragraph d of this subdivision shall 16 not apply to a purchaser canceling under this subparagraph. A claim for 17 termination under this subparagraph shall be made in good faith. Termi- 18 nation under this subparagraph shall require, and the provision of any 19 of the items in (A) through (D) of this subparagraph, for the purposes 20 of this subparagraph, shall be presumptive evidence of the continued 21 existence of a substantial risk of physical or emotional harm to the 22 purchaser or purchaser's child. [Provision of any of the items in (A) 23 through (D) of this subparagraph shall give the operator, at its option, 24 the right to investigate and, based on the information contained in such EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04306-01-3 A. 581 2 1 items, if he or she determines that the safety of campground users or 2 employees would be endangered by allowing the purchaser that is not 3 exercising his or her rights under this subdivision to remain authorized 4 to use the campground facilities, the operator shall provide written 5 notice of such determination to such purchaser which shall inform such 6 purchaser of his or her right to respond in writing to the operator 7 within thirty days of receipt of such notice. Upon expiration of the 8 thirty day period, if the operator reasonably determines that the 9 response from the purchaser not exercising his or her rights under this 10 subdivision is insufficient, the operator may terminate the contract of 11 such purchaser.] 12 S 2. This act shall take effect on the same date and in the same 13 manner as chapter 383 of the laws of 2012 takes effect.