Assembly Bill A5318

Signed By Governor
2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A5318 (ACTIVE) - Details

See Senate Version of this Bill:
S2356
Law Section:
Public Service Law
Laws Affected:
Amd §91, Pub Serv L; amd §399-yy, add §399-yyy, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: A8018, S5033
2015-2016: A274, S526
2017-2018: A1056, S2711

2019-A5318 (ACTIVE) - Summary

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.

2019-A5318 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5318
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2019
                                ___________
 
 Introduced  by M. of A. ROZIC, ABBATE, ABINANTI, BLAKE, BRONSON, COLTON,
   CRESPO, JONES, OTIS, RAIA, RICHARDSON,  RODRIGUEZ,  SIMON,  SEAWRIGHT,
   PHEFFER AMATO, BICHOTTE -- Multi-Sponsored by -- M. of A. GALEF, McDO-
   NOUGH,  THIELE  --  read  once and referred to the Committee on Corpo-
   rations, Authorities and Commissions

 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:
 
   Section 1. Section 91 of the public service law is amended by adding a
 new subdivision 8 to read as follows:
   8.  EVERY  TELEPHONE  CORPORATION,  AS  DEFINED IN THIS CHAPTER, SHALL
 ALLOW A PERSON WHO IS UNDER CONTRACT INCLUDING, BUT NOT  LIMITED  TO,  A
 MULTI-YEAR  CONTRACT OR BUNDLE CONTRACT WITH SUCH TELEPHONE CORPORATION,
 TO OPT-OUT OF SUCH CONTRACT WITHOUT CHARGE WHEN SUCH PERSON IS A  VICTIM
 OF  DOMESTIC VIOLENCE AND REQUESTS TO OPT-OUT IN WRITING. SUCH VICTIM OF
 DOMESTIC VIOLENCE SHALL PROVIDE TO SUCH TELEPHONE CORPORATION ANY OF THE
 FOLLOWING DOCUMENTS, WHICH SHALL RELATE TO SUCH DOMESTIC VIOLENCE, WITH-
 IN SIX MONTHS OF THE DOCUMENT'S ISSUANCE: (A) A VALID DOMESTIC  VIOLENCE
 INCIDENT  REPORT FORM, AS SUCH TERM IS DEFINED IN SUBDIVISION FIFTEEN OF
 SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE  LAW;  (B)  A  VALID
 POLICE  REPORT;  (C) A VALID ORDER OF PROTECTION; (D) A SIGNED AFFIDAVIT
 FROM A LICENSED MEDICAL OR MENTAL HEALTH CARE PROVIDER,  EMPLOYEE  OF  A
 COURT ACTING WITHIN THE SCOPE OF HIS OR HER EMPLOYMENT, SOCIAL WORKER, A
 RAPE  CRISIS  COUNSELOR, AS DEFINED IN SECTION FORTY-FIVE HUNDRED TEN OF
 THE CIVIL PRACTICE LAW AND RULES, OR ADVOCATE ACTING  ON  BEHALF  OF  AN
 AGENCY THAT ASSISTS DOMESTIC VIOLENCE VICTIMS. A CLAIM FOR OPTING-OUT OF
 SUCH CONTRACT WITHOUT CHARGE SHALL BE MADE IN GOOD FAITH. SUCH TELEPHONE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00798-01-9
              

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