Bill Text: NY S01557 | 2021-2022 | General Assembly | Amended

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Bill Title: Requires the release of individuals from utility corporation services in instances of domestic violence where such individuals request to opt-out in writing and provide certain documents to the utility corporation.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Engrossed - Dead) 2021-06-07 - SUBSTITUTED BY A4496 [S01557 Detail]

Download: New_York-2021-S01557-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1557--A
            Cal. No. 118

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 13, 2021
                                       ___________

        Introduced  by Sens. PARKER, BROUK, GAUGHRAN, HELMING, HINCHEY, KENNEDY,
          MANNION -- read twice and ordered printed,  and  when  printed  to  be
          committed  to  the  Committee  on  Energy  and  Telecommunications  --
          reported favorably from said committee, ordered to  first  and  second
          report,  ordered to a third reading, passed by Senate and delivered to
          the Assembly, recalled, vote reconsidered, restored to third  reading,
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading

        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

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

     1    Section  1.  The public service law is amended by adding a new section
     2  48-a to read as follows:
     3    § 48-a. Utility services; domestic  violence  victims.  Every  utility
     4  corporation  shall  allow  a  person who is under a shared contract with
     5  such utility corporation and who is a victim of  domestic  violence,  to
     6  opt-out  of  such  contract  without charge when such person requests to
     7  opt-out in writing and provides to such utility corporation any  of  the
     8  following documents, which shall relate to such domestic violence, with-
     9  in  six months of the document's issuance: (a) a valid domestic violence
    10  incident report form, as such term is defined in subdivision fifteen  of
    11  section  eight  hundred  thirty-seven  of the executive law; (b) a valid
    12  police report; (c) a valid order of protection; (d) a  signed  affidavit
    13  from  a  licensed  medical or mental health care provider, employee of a
    14  court acting within the scope of his or her employment, social worker, a
    15  rape crisis counselor, as defined in section forty-five hundred  ten  of
    16  the  civil  practice  law  and rules, or advocate acting on behalf of an
    17  agency that assists domestic violence victims. A claim for opting-out of
    18  such contract without charge shall be made in good faith.  Such  utility

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07336-02-1
        S. 1557--A                          2

     1  corporation shall waive the otherwise applicable charges for such person
     2  requesting to opt-out of such contract.
     3    §  2. The general business law is amended by adding a new section 399-
     4  cccc to read as follows:
     5    § 399-cccc. Wireless telephone services;  domestic  violence  victims.
     6  Every  provider  of  wireless telephone service, as defined in paragraph
     7  (b) of subdivision one of section twelve hundred  twenty-five-c  of  the
     8  vehicle  and  traffic  law,  shall  allow a person who is under a shared
     9  phone plan contract with such provider and who is a victim  of  domestic
    10  violence involving another person under such shared phone plan contract,
    11  to  opt-out of such contract without charge when such person requests to
    12  opt-out in writing and provides to such provider of  wireless  telephone
    13  service  any  of  the  following  documents,  which shall relate to such
    14  domestic violence, within six months of the document's issuance:  (a)  a
    15  valid domestic violence incident report form, as such term is defined in
    16  subdivision  fifteen of section eight hundred thirty-seven of the execu-
    17  tive law; (b) a valid police report; (c) a valid  order  of  protection;
    18  (d)  a  signed  affidavit  from a licensed medical or mental health care
    19  provider, employee of a court acting within the  scope  of  his  or  her
    20  employment,  social  worker,  a  rape  crisis  counselor,  as defined in
    21  section forty-five hundred ten of the civil practice law and  rules,  or
    22  advocate  acting  on  behalf of an agency that assists domestic violence
    23  victims. A claim for opting-out of such contract without charge shall be
    24  made in good faith. Such provider shall waive the  otherwise  applicable
    25  charges  for  such  person  requesting  to opt-out of such contract. Any
    26  person requesting an accommodation pursuant to this section may request,
    27  and if requested shall be provided at no cost  to  such  person,  a  new
    28  telephone  number  within  twenty-four  hours  from the request for such
    29  accommodation.
    30    § 3. Subdivisions 7 and 8 of section 91 of  the  public  service  law,
    31  subdivision 7 as amended by chapter 202 of the laws of 2013 and subdivi-
    32  sion  8  as  added by chapter 186 of the laws of 2019, are amended and a
    33  new subdivision 13 is added to read as follows:
    34    7. Every telephone corporation, as defined in this chapter  shall,  at
    35  its  option:  (a) allow a customer to use a modified or alternative name
    36  for a directory listing or (b) waive the  otherwise  applicable  charges
    37  for  a  non-published  telephone  listing,  where  the customer requests
    38  protection of its identity in connection with the customer's purchase of
    39  telephone service and the customer is a victim of domestic violence,  as
    40  defined in section four hundred fifty-nine-a of the social services law,
    41  and  for  whose  benefit any order of protection, other than a temporary
    42  order of protection, has been issued by a court of  competent  jurisdic-
    43  tion.  This  waiver of charges shall be for the duration of the applica-
    44  ble, non-temporary, order. Any non-published listings provided  in  this
    45  subdivision  shall  conform  to  all the same requirements of other non-
    46  published listings. A customer requesting such  an  accommodation  shall
    47  provide  [a  copy of the order of protection to the applicable telephone
    48  corporation] an attestation in writing of their eligibility as a  victim
    49  of  domestic  violence.  Such telephone corporation may not require such
    50  customer to disclose confidential information  or  details  relating  to
    51  such  customer's status as a victim of domestic violence, as a condition
    52  of implementing such accommodation. Any customer requesting an  accommo-
    53  dation  pursuant  to  this  subdivision  may  also  request and shall be
    54  provided, at no cost to the customer,  a  new  telephone  number  within
    55  fifteen  days  from  the  request for such accommodation. Such telephone
    56  corporation shall dispose of information submitted by such  customer  no
        S. 1557--A                          3

     1  later  than  thirty days after receiving such information in a manner as
     2  to maintain confidentiality of such information.
     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 fee, penalty  or  charge  when  such
     7  person  is  a  victim  of  domestic violence and [requests to opt-out in
     8  writing. Such victim of domestic violence shall provide  to  such  tele-
     9  phone  corporation any of the following documents, which shall relate to
    10  such domestic violence, within six months of  the  document's  issuance:
    11  (a)  a  valid  domestic  violence  incident report form, as such term is
    12  defined in subdivision fifteen of section eight hundred thirty-seven  of
    13  the  executive  law;  (b)  a  valid  police report; (c) a valid order of
    14  protection; (d) a signed affidavit from a  licensed  medical  or  mental
    15  health care provider, employee of a court acting within the scope of his
    16  or her employment, social worker, a rape crisis counselor, as defined in
    17  section  forty-five  hundred ten of the civil practice law and rules, or
    18  advocate acting on behalf of an agency that  assists  domestic  violence
    19  victims]  provides  an  attestation in writing of their eligibility as a
    20  victim of domestic violence. Such telephone corporation may not  require
    21  such  person to disclose confidential information or details relating to
    22  such person's status as a victim of domestic violence, as a condition of
    23  permitting such person to opt-out of such contract. Further, such  tele-
    24  phone corporation may not make release from such contract contingent on:
    25  (a)  maintaining  contractual  or  billing responsibility of a separated
    26  line with the provider;  (b)  approval  of  separation  by  the  primary
    27  account  holder,  if the primary account holder is not the person making
    28  such request; (c) a prohibition or limitation on number portability or a
    29  request to change phone numbers; or (d) a prohibition or  limitation  on
    30  the  separation  of lines as a result of arrears accrued by the account.
    31  Such telephone corporation shall release such person from such  contract
    32  no  later  than  seven  days  after receiving such opt-out request. Such
    33  telephone corporation shall dispose of  information  submitted  by  such
    34  person  no  later than thirty days after receiving such information in a
    35  manner as to maintain confidentiality of such information. A  claim  for
    36  opting-out  of such contract without charge shall be made in good faith.
    37  Such telephone corporation shall waive the otherwise applicable  [charg-
    38  es] fee, penalty or charge for such person requesting to opt-out of such
    39  contract.
    40    13.  Every  telephone  corporation,  as defined in this chapter, shall
    41  make information about the options and process described in  subdivision
    42  eight  of this section readily available to consumers on the website and
    43  any mobile application of the provider, in physical stores, and in other
    44  forms of public-facing consumer communication.
    45    § 4. Section 399-yy of the general business law, as amended by chapter
    46  186 of the laws of 2019, is amended to read as follows:
    47    § 399-yy. Cable television company providing  telephone  services.  1.
    48  Every cable television company, as defined in section two hundred twelve
    49  of  the public service law, that provides telephone service to customers
    50  in New York shall, at its option:  a.  allow  a  customer  without  fee,
    51  penalty  or charge to use a modified or alternative name for a directory
    52  listing or b. waive the otherwise applicable charges for a non-published
    53  telephone listing, where the customer requests protection of its identi-
    54  ty in connection with the customer's purchase of telephone  service  and
    55  the  customer  is  a  victim of domestic violence, as defined in section
    56  four hundred fifty-nine-a of the social services  law[,  and  for  whose
        S. 1557--A                          4

     1  benefit  any  order  of  protection,  other  than  a  temporary order of
     2  protection, has been issued by a court of competent  jurisdiction.  This
     3  waiver  of charges shall be for the duration of the applicable, non-tem-
     4  porary,  order].  Any  non-published  listings  provided in this section
     5  shall conform to all the same requirements of other non-published  list-
     6  ings.  A customer requesting such an accommodation shall provide [a copy
     7  of the order of protection to the applicable cable  television  company]
     8  an  attestation  in writing of their eligibility as a victim of domestic
     9  violence. Such cable television company may not require such customer to
    10  disclose confidential information or details relating to such customer's
    11  status as a victim of domestic violence, as a condition of  implementing
    12  such accommodation. Any customer requesting an accommodation pursuant to
    13  this  section  may also request and shall be provided, at no cost to the
    14  customer, a new telephone number within fifteen days  from  the  request
    15  for  such accommodation.  Such cable television company shall dispose of
    16  information submitted by such customer no later than thirty  days  after
    17  receiving such information in a manner as to maintain confidentiality of
    18  such information.
    19    2.  Every  cable television company, as defined in section two hundred
    20  twelve of the public service law, that provides television and/or  tele-
    21  phone service to customers in New York under contract including, but not
    22  limited  to  a  multi-year  contract or bundled contract with such cable
    23  television company, shall allow a person to  opt-out  of  such  contract
    24  without  fee, penalty or charge when such person is a victim of domestic
    25  violence and [request to opt-out in writing.  Such  victim  of  domestic
    26  violence  shall  provide  to  such  cable  television company any of the
    27  following documents, which shall relate to such domestic violence, with-
    28  in six months of the document's issuance: (a) a valid domestic  violence
    29  incident  report form, as such term is defined in subdivision fifteen of
    30  section eight hundred thirty-seven of the executive  law;  (b)  a  valid
    31  police  report;  (c) a valid order of protection; (d) a signed affidavit
    32  from a licensed medical or mental health care provider,  employee  of  a
    33  court acting within the scope of his or her employment, social worker, a
    34  rape  crisis  counselor, as defined in section forty-five hundred ten of
    35  the civil practice law and rules, or advocate acting  on  behalf  of  an
    36  agency  that  assists domestic violence victims] provides an attestation
    37  in writing of their eligibility as a victim of domestic  violence.  Such
    38  cable  television company may not require such person to disclose confi-
    39  dential information or details relating to such  person's  status  as  a
    40  victim of domestic violence, as a condition of permitting such person to
    41  opt-out of such contract. Further, such cable television company may not
    42  make  release from such contract contingent on: (a) maintaining contrac-
    43  tual or billing responsibility of a separated account with the provider;
    44  (b) approval of separation by the primary account holder, if the primary
    45  account holder is not the person making such request; or (c) a  prohibi-
    46  tion  or  limitation on the separation as a result of arrears accrued by
    47  the account. Such cable television company  shall  release  such  person
    48  from such contract no later than seven days after receiving such opt-out
    49  request.  Such  cable  television  company  shall dispose of information
    50  submitted by such person no later than thirty days after receiving  such
    51  information  in a manner as to maintain confidentiality of such informa-
    52  tion. A claim for opting-out of such contract without  charge  shall  be
    53  made in good faith. Such cable television company shall waive the other-
    54  wise  applicable  [charges]  fee,  penalty  or  charge  for  such person
    55  requesting to opt-out of such contract. Every cable  television  company
    56  shall  make  information about the options and process described in this
        S. 1557--A                          5

     1  section readily available to consumers on the  website  and  any  mobile
     2  application  of  the provider, in physical stores, and in other forms of
     3  public-facing consumer communication.
     4    §  5. Subdivision 1 of section 399-yyy of the general business law, as
     5  added by chapter 186 of the laws of 2019, is amended to read as follows:
     6    1. Every direct broadcast satellite service provider,  as  defined  in
     7  this  section,  that  provides  television  and/or telephone services to
     8  customers in New York shall allow a person who is under contract includ-
     9  ing, but not limited to a multi-year contract or bundled  contract  with
    10  such  satellite  television company, to opt-out of such contract without
    11  fee, penalty or charge when such  a  person  is  a  victim  of  domestic
    12  violence  and  [requests  to opt-out in writing. Such victim of domestic
    13  violence shall provide to such satellite television company any  of  the
    14  following documents, which shall relate to such domestic violence, with-
    15  in  six months of the document's issuance: (a) a valid domestic violence
    16  incident report form, as such term is defined in subdivision fifteen  of
    17  section  eight  hundred  thirty-seven  of the executive law; (b) a valid
    18  police report; (c) a valid order of protection; (d) a  signed  affidavit
    19  from  a  licensed  medical or mental health care provider, employee of a
    20  court acting within the scope of his or her employment, social worker, a
    21  rape crisis counselor, as defined in section forty-five hundred  ten  of
    22  the  civil  practice  law  and rules, or advocate acting on behalf of an
    23  agency that assists domestic violence victims] provides  an  attestation
    24  in  writing  of their eligibility as a victim of domestic violence. Such
    25  satellite television company may not require  such  person  to  disclose
    26  confidential  information or details relating to such person's status as
    27  a victim of domestic violence, as a condition of permitting such  person
    28  to  opt-out of such contract. Further, such satellite television company
    29  may not make release from such contract contingent on:  (a)  maintaining
    30  contractual  or  billing  responsibility of a separated account with the
    31  provider; (b) approval of separation by the primary account  holder,  if
    32  the primary account holder is not the person making such request; or (c)
    33  a  prohibition  or  limitation  on the separation as a result of arrears
    34  accrued by the account. Such satellite television company shall  release
    35  such  person from such contract no later than seven days after receiving
    36  such opt-out request. Such satellite television company shall dispose of
    37  information submitted by such person no later  than  thirty  days  after
    38  receiving such information in a manner as to maintain confidentiality of
    39  such information. A claim for opting-out of such contract without charge
    40  shall  be  made  in good faith.  Such satellite television company shall
    41  waive the otherwise applicable [charges] fee, penalty or charge for such
    42  person requesting to opt-out of such  contract.  Every  satellite  tele-
    43  vision  company  shall  make  information  about the options and process
    44  described in this section readily available to consumers on the  website
    45  and  any  mobile application of the provider, in physical stores, and in
    46  other forms of public-facing consumer communication.
    47    § 6. This act  shall  take  effect  immediately  and  shall  apply  to
    48  contracts entered into on and after such effective date.