Assembly Bill A9585

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9585
 
                           I N  A S S E M B L Y
 
                             January 24, 2020
                                ___________
 
 Introduced  by  M.  of  A.  DE LA ROSA  -- read once and referred to the
   Committee on Corporations, Authorities and Commissions
 
 AN ACT to amend the public service law, in  relation  to  requiring  the
   release  of individuals from utility corporation services in instances
   of domestic violence
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The public service law is amended by adding a new section
 48-a to read as follows:
   § 48-A. UTILITY SERVICES; DOMESTIC  VIOLENCE  VICTIMS.  EVERY  UTILITY
 CORPORATION  SHALL  ALLOW  A  PERSON WHO IS UNDER A SHARED CONTRACT WITH
 SUCH UTILITY CORPORATION AND WHO IS A VICTIM OF  DOMESTIC  VIOLENCE,  TO
 OPT-OUT  OF  SUCH  CONTRACT  WITHOUT CHARGE WHEN SUCH PERSON REQUESTS TO
 OPT-OUT IN WRITING AND PROVIDES TO SUCH UTILITY 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  UTILITY
 CORPORATION SHALL WAIVE THE OTHERWISE APPLICABLE CHARGES FOR SUCH PERSON
 REQUESTING TO OPT-OUT OF SUCH CONTRACT.
   §  2.  This  act  shall  take  effect  immediately  and shall apply to
 contracts entered into on and after such effective date.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11062-02-9