Bill Text: NY S05325 | 2021-2022 | General Assembly | Introduced


Bill Title: Requires utility corporations, municipalities, water-works corporations, and telephone service providers to allow customers to use their preferred name and pronouns.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2021-06-09 - SUBSTITUTED BY A6193 [S05325 Detail]

Download: New_York-2021-S05325-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5325

                               2021-2022 Regular Sessions

                    IN SENATE

                                      March 2, 2021
                                       ___________

        Introduced  by  Sen. HOYLMAN -- 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  utility  corporations,  municipalities,  water-
          works corporations, and telephone service providers to allow customers
          to use their preferred name and pronouns

          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  31-a to read as follows:
     3    §  31-a.  Use  of preferred name and pronouns. 1. Every utility corpo-
     4  ration or municipality shall provide applicants for residential  service
     5  and  residential  customers with a convenient option to request that the
     6  utility corporation or municipality  use  their  preferred  name  and/or
     7  preferred  pronouns  in  all  written or oral communications between the
     8  utility corporation or municipality and the applicant  or  customer,  as
     9  well  as  all statements or documentation relating to a customer's resi-
    10  dential service, regardless of  whether  such  applicant  or  customer's
    11  preferred name differs from their current legal name.
    12    2.  If  an  applicant  or customer's preferred name differs from their
    13  current legal name, a utility corporation or  municipality  may  require
    14  such applicant or customer to provide reasonable proof of identity using
    15  their legal name, provided that such information shall be used solely to
    16  verify  the  applicant  or  customer's  identity  or  for other purposes
    17  required by law.
    18    3. No utility corporation or municipality shall:
    19    (a) willfully and repeatedly fail to use an  applicant  or  customer's
    20  preferred name and/or preferred pronouns after being clearly informed of
    21  the preferred name and/or preferred pronouns pursuant to subdivision one
    22  of this section; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04805-01-1

        S. 5325                             2

     1    (b)  require  an  applicant or customer to specify their sexual orien-
     2  tation or gender identity or expression in order to use their  preferred
     3  name and/or preferred pronouns.
     4    § 2. Section 89-b of the public service law is amended by adding a new
     5  subdivision 12 to read as follows:
     6    12.  (a)  Every water-works corporation shall provide customers with a
     7  convenient option to request that the water-works corporation use  their
     8  preferred name and/or preferred pronouns in all written or oral communi-
     9  cations between the water-works corporation and the customer, as well as
    10  all  statements or documentation relating to a customer's water service,
    11  regardless of whether such customer's preferred name differs from  their
    12  current legal name.
    13    (b)  If  a  customer's preferred name differs from their current legal
    14  name, a water-works corporation may require  such  customer  to  provide
    15  reasonable  proof of identity using their legal name, provided that such
    16  information shall be used solely to verify the  customer's  identity  or
    17  for other purposes required by law.
    18    (c) No water-works corporation shall:
    19    (i)  willfully  and repeatedly fail to use a customer's preferred name
    20  and/or preferred pronouns after being clearly informed of the  preferred
    21  name  and/or preferred pronouns pursuant to paragraph (a) of this subdi-
    22  vision; or
    23    (ii) require a customer to specify their sexual orientation or  gender
    24  identity  or  expression  in  order  to  use their preferred name and/or
    25  preferred pronouns.
    26    § 3. The general business law is amended by adding a new section  399-
    27  zzzzz to read as follows:
    28    §  399-zzzzz.  Use of preferred name and pronouns. 1. For the purposes
    29  of this section, "telephone service provider"  means  any  company  that
    30  provides  voice  service utilizing any technology, regardless of whether
    31  such provider is regulated pursuant to the public service law.
    32    2. Every telephone service provider shall  provide  customers  with  a
    33  convenient  option  to  request  that the telephone service provider use
    34  their preferred name and/or preferred pronouns in all  written  or  oral
    35  communications  between the telephone service provider and the customer,
    36  as well as all statements or  documentation  relating  to  a  customer's
    37  telephone  service, regardless of whether such customer's preferred name
    38  differs from their current legal name.
    39    3. If a customer's preferred name differs  from  their  current  legal
    40  name,  a telephone service provider may require such customer to provide
    41  reasonable proof of identity using their legal name, provided that  such
    42  information  shall  be  used solely to verify the customer's identity or
    43  for other purposes required by law.
    44    4. No telephone service provider shall:
    45    (a) willfully and repeatedly fail to use a customer's  preferred  name
    46  and/or  preferred pronouns after being clearly informed of the preferred
    47  name and/or preferred pronouns  pursuant  to  subdivision  two  of  this
    48  section; or
    49    (b)  require  a customer to specify their sexual orientation or gender
    50  identity or expression in order  to  use  their  preferred  name  and/or
    51  preferred pronouns.
    52    §  4.  This  act shall take effect on the thirtieth day after it shall
    53  have become a law.    Effective  immediately,  the  addition,  amendment
    54  and/or repeal of any rule or regulation necessary for the implementation
    55  of  this  act  on  its  effective  date  are  authorized  to be made and
    56  completed on or before such effective date.
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