Bill Text: NY S02356 | 2019-2020 | General Assembly | Introduced
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
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. LBD00798-01-9S. 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 violenceS. 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.
