S T A T E   O F   N E W   Y O R K
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                                  1557--A
     Cal. No. 118
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD07336-02-1

 S. 1557--A                          2
 
 CORPORATION SHALL WAIVE THE OTHERWISE APPLICABLE CHARGES FOR SUCH PERSON
 REQUESTING TO OPT-OUT OF SUCH CONTRACT.
   §  2. The general business law is amended by adding a new section 399-
 cccc to read as follows:
   § 399-CCCC. WIRELESS TELEPHONE SERVICES;  DOMESTIC  VIOLENCE  VICTIMS.
 EVERY  PROVIDER  OF  WIRELESS TELEPHONE SERVICE, AS DEFINED IN PARAGRAPH
 (B) OF SUBDIVISION ONE OF SECTION TWELVE HUNDRED  TWENTY-FIVE-C  OF  THE
 VEHICLE  AND  TRAFFIC  LAW,  SHALL  ALLOW A PERSON WHO IS UNDER A SHARED
 PHONE PLAN CONTRACT WITH SUCH PROVIDER AND WHO IS A VICTIM  OF  DOMESTIC
 VIOLENCE INVOLVING ANOTHER PERSON UNDER SUCH SHARED PHONE PLAN CONTRACT,
 TO  OPT-OUT OF SUCH CONTRACT WITHOUT CHARGE WHEN SUCH PERSON REQUESTS TO
 OPT-OUT IN WRITING AND PROVIDES TO SUCH PROVIDER OF  WIRELESS  TELEPHONE
 SERVICE  ANY  OF  THE  FOLLOWING  DOCUMENTS,  WHICH SHALL RELATE TO SUCH
 DOMESTIC VIOLENCE, WITHIN 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 EXECU-
 TIVE 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 PROVIDER SHALL WAIVE THE  OTHERWISE  APPLICABLE
 CHARGES  FOR  SUCH  PERSON  REQUESTING  TO OPT-OUT OF SUCH CONTRACT. ANY
 PERSON REQUESTING AN ACCOMMODATION PURSUANT TO THIS SECTION MAY REQUEST,
 AND IF REQUESTED SHALL BE PROVIDED AT NO COST  TO  SUCH  PERSON,  A  NEW
 TELEPHONE  NUMBER  WITHIN  TWENTY-FOUR  HOURS  FROM THE REQUEST FOR SUCH
 ACCOMMODATION.
   § 3. Subdivisions 7 and 8 of section 91 of  the  public  service  law,
 subdivision 7 as amended by chapter 202 of the laws of 2013 and subdivi-
 sion  8  as  added by chapter 186 of the laws of 2019, are amended and a
 new subdivision 13 is added to read as follows:
   7. Every telephone corporation, as defined in this chapter  shall,  at
 its  option:  (a) allow a customer to use a modified or alternative name
 for a directory listing or (b) waive the  otherwise  applicable  charges
 for  a  non-published  telephone  listing,  where  the customer requests
 protection of its identity in connection with the customer's purchase of
 telephone service and the customer is a victim of domestic violence,  as
 defined in section four hundred fifty-nine-a of the social services law,
 and  for  whose  benefit any order of protection, other than a temporary
 order of protection, has been issued by a court of  competent  jurisdic-
 tion.  This  waiver of charges shall be for the duration of the applica-
 ble, non-temporary, order. Any non-published listings provided  in  this
 subdivision  shall  conform  to  all the same requirements of other non-
 published listings. A customer requesting such  an  accommodation  shall
 provide  [a  copy of the order of protection to the applicable telephone
 corporation] AN ATTESTATION IN WRITING OF THEIR ELIGIBILITY AS A  VICTIM
 OF  DOMESTIC  VIOLENCE.  SUCH TELEPHONE CORPORATION MAY NOT REQUIRE SUCH
 CUSTOMER TO DISCLOSE CONFIDENTIAL INFORMATION  OR  DETAILS  RELATING  TO
 SUCH  CUSTOMER'S STATUS AS A VICTIM OF DOMESTIC VIOLENCE, AS A CONDITION
 OF IMPLEMENTING SUCH ACCOMMODATION. Any customer requesting an  accommo-
 dation  pursuant  to  this  subdivision  may  also  request and shall be
 provided, at no cost to the customer,  a  new  telephone  number  within
 fifteen  days  from  the  request for such accommodation. SUCH TELEPHONE
 CORPORATION SHALL DISPOSE OF INFORMATION SUBMITTED BY SUCH  CUSTOMER  NO

 S. 1557--A                          3

 LATER  THAN  THIRTY DAYS AFTER RECEIVING SUCH INFORMATION IN A MANNER AS
 TO MAINTAIN CONFIDENTIALITY OF SUCH INFORMATION.
   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 FEE, PENALTY  OR  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  tele-
 phone  corporation any of the following documents, which shall relate to
 such domestic violence, within 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]  PROVIDES  AN  ATTESTATION IN WRITING OF THEIR ELIGIBILITY AS A
 VICTIM OF DOMESTIC VIOLENCE. SUCH TELEPHONE CORPORATION MAY NOT  REQUIRE
 SUCH  PERSON TO DISCLOSE CONFIDENTIAL INFORMATION OR DETAILS RELATING TO
 SUCH PERSON'S STATUS AS A VICTIM OF DOMESTIC VIOLENCE, AS A CONDITION OF
 PERMITTING SUCH PERSON TO OPT-OUT OF SUCH CONTRACT. FURTHER, SUCH  TELE-
 PHONE CORPORATION MAY NOT MAKE RELEASE FROM SUCH CONTRACT CONTINGENT ON:
 (A)  MAINTAINING  CONTRACTUAL  OR  BILLING RESPONSIBILITY OF A SEPARATED
 LINE WITH THE PROVIDER;  (B)  APPROVAL  OF  SEPARATION  BY  THE  PRIMARY
 ACCOUNT  HOLDER,  IF THE PRIMARY ACCOUNT HOLDER IS NOT THE PERSON MAKING
 SUCH REQUEST; (C) A PROHIBITION OR LIMITATION ON NUMBER PORTABILITY OR A
 REQUEST TO CHANGE PHONE NUMBERS; OR (D) A PROHIBITION OR  LIMITATION  ON
 THE  SEPARATION  OF LINES AS A RESULT OF ARREARS ACCRUED BY THE ACCOUNT.
 SUCH TELEPHONE CORPORATION SHALL RELEASE SUCH PERSON FROM SUCH  CONTRACT
 NO  LATER  THAN  SEVEN  DAYS  AFTER RECEIVING SUCH OPT-OUT REQUEST. SUCH
 TELEPHONE CORPORATION SHALL DISPOSE OF  INFORMATION  SUBMITTED  BY  SUCH
 PERSON  NO  LATER THAN THIRTY DAYS AFTER RECEIVING SUCH INFORMATION IN A
 MANNER AS TO MAINTAIN CONFIDENTIALITY OF SUCH INFORMATION. A  claim  for
 opting-out  of such contract without charge shall be made in good faith.
 Such telephone corporation shall waive the otherwise applicable  [charg-
 es] FEE, PENALTY OR CHARGE for such person requesting to opt-out of such
 contract.
   13.  EVERY  TELEPHONE  CORPORATION,  AS DEFINED IN THIS CHAPTER, SHALL
 MAKE INFORMATION ABOUT THE OPTIONS AND PROCESS DESCRIBED IN  SUBDIVISION
 EIGHT  OF THIS SECTION READILY AVAILABLE TO CONSUMERS ON THE WEBSITE AND
 ANY MOBILE APPLICATION OF THE PROVIDER, IN PHYSICAL STORES, AND IN OTHER
 FORMS OF PUBLIC-FACING CONSUMER COMMUNICATION.
   § 4. Section 399-yy of the general business law, as amended by chapter
 186 of the laws of 2019, is amended to read as follows:
   § 399-yy. Cable television company providing  telephone  services.  1.
 Every cable television company, as defined in section two hundred twelve
 of  the public service law, that provides telephone service to customers
 in New York shall, at its option:  a.  allow  a  customer  WITHOUT  FEE,
 PENALTY  OR CHARGE to use a modified or alternative name for a directory
 listing or b. waive the otherwise applicable charges for a non-published
 telephone listing, where the customer requests protection of its identi-
 ty in connection with the customer's purchase of telephone  service  and
 the  customer  is  a  victim of domestic violence, as defined in section
 four hundred fifty-nine-a of the social services  law[,  and  for  whose

 S. 1557--A                          4

 benefit  any  order  of  protection,  other  than  a  temporary order of
 protection, has been issued by a court of competent  jurisdiction.  This
 waiver  of charges shall be for the duration of the applicable, non-tem-
 porary,  order].  Any  non-published  listings  provided in this section
 shall conform to all the same requirements of other non-published  list-
 ings.  A customer requesting such an accommodation shall provide [a copy
 of the order of protection to the applicable cable  television  company]
 AN  ATTESTATION  IN WRITING OF THEIR ELIGIBILITY AS A VICTIM OF DOMESTIC
 VIOLENCE. SUCH CABLE TELEVISION COMPANY MAY NOT REQUIRE SUCH CUSTOMER TO
 DISCLOSE CONFIDENTIAL INFORMATION OR DETAILS RELATING TO SUCH CUSTOMER'S
 STATUS AS A VICTIM OF DOMESTIC VIOLENCE, AS A CONDITION OF  IMPLEMENTING
 SUCH ACCOMMODATION. Any customer requesting an accommodation pursuant to
 this  section  may also request and shall be provided, at no cost to the
 customer, a new telephone number within fifteen days  from  the  request
 for  such accommodation.  SUCH CABLE TELEVISION COMPANY SHALL DISPOSE OF
 INFORMATION SUBMITTED BY SUCH CUSTOMER NO LATER THAN THIRTY  DAYS  AFTER
 RECEIVING SUCH INFORMATION IN A MANNER AS TO MAINTAIN CONFIDENTIALITY OF
 SUCH INFORMATION.
   2.  Every  cable television company, as defined in section two hundred
 twelve of the public service law, that provides television and/or  tele-
 phone service to customers in New York under contract including, but not
 limited  to  a  multi-year  contract or bundled contract with such cable
 television company, shall allow a person to  opt-out  of  such  contract
 without  FEE, PENALTY OR charge when such person is a victim of domestic
 violence and [request to opt-out in writing.  Such  victim  of  domestic
 violence  shall  provide  to  such  cable  television company 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] PROVIDES AN ATTESTATION
 IN WRITING OF THEIR ELIGIBILITY AS A VICTIM OF DOMESTIC  VIOLENCE.  SUCH
 CABLE  TELEVISION COMPANY MAY NOT REQUIRE SUCH PERSON TO DISCLOSE CONFI-
 DENTIAL INFORMATION OR DETAILS RELATING TO SUCH  PERSON'S  STATUS  AS  A
 VICTIM OF DOMESTIC VIOLENCE, AS A CONDITION OF PERMITTING SUCH PERSON TO
 OPT-OUT OF SUCH CONTRACT. FURTHER, SUCH CABLE TELEVISION COMPANY MAY NOT
 MAKE  RELEASE FROM SUCH CONTRACT CONTINGENT ON: (A) MAINTAINING CONTRAC-
 TUAL OR BILLING RESPONSIBILITY OF A SEPARATED ACCOUNT WITH THE PROVIDER;
 (B) APPROVAL OF SEPARATION BY THE PRIMARY ACCOUNT HOLDER, IF THE PRIMARY
 ACCOUNT HOLDER IS NOT THE PERSON MAKING SUCH REQUEST; OR (C) A  PROHIBI-
 TION  OR  LIMITATION ON THE SEPARATION AS A RESULT OF ARREARS ACCRUED BY
 THE ACCOUNT. SUCH CABLE TELEVISION COMPANY  SHALL  RELEASE  SUCH  PERSON
 FROM SUCH CONTRACT NO LATER THAN SEVEN DAYS AFTER RECEIVING SUCH OPT-OUT
 REQUEST.  SUCH  CABLE  TELEVISION  COMPANY  SHALL DISPOSE OF INFORMATION
 SUBMITTED BY SUCH PERSON NO LATER THAN THIRTY DAYS AFTER RECEIVING  SUCH
 INFORMATION  IN A MANNER AS TO MAINTAIN CONFIDENTIALITY OF SUCH INFORMA-
 TION. A claim for opting-out of such contract without  charge  shall  be
 made in good faith. Such cable television company shall waive the other-
 wise  applicable  [charges]  FEE,  PENALTY  OR  CHARGE  for  such person
 requesting to opt-out of such contract. EVERY CABLE  TELEVISION  COMPANY
 SHALL  MAKE  INFORMATION ABOUT THE OPTIONS AND PROCESS DESCRIBED IN THIS

 S. 1557--A                          5
 
 SECTION READILY AVAILABLE TO CONSUMERS ON THE  WEBSITE  AND  ANY  MOBILE
 APPLICATION  OF  THE PROVIDER, IN PHYSICAL STORES, AND IN OTHER FORMS OF
 PUBLIC-FACING CONSUMER COMMUNICATION.
   §  5. Subdivision 1 of section 399-yyy of the general business law, as
 added by chapter 186 of the laws of 2019, is amended to read as follows:
   1. Every direct broadcast satellite service provider,  as  defined  in
 this  section,  that  provides  television  and/or telephone services to
 customers in New York shall allow a person who is under contract includ-
 ing, but not limited to a multi-year contract or bundled  contract  with
 such  satellite  television company, to opt-out of such contract without
 FEE, PENALTY OR charge when such  a  person  is  a  victim  of  domestic
 violence  and  [requests  to opt-out in writing. Such victim of domestic
 violence shall provide to such satellite television company 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] PROVIDES  AN  ATTESTATION
 IN  WRITING  OF THEIR ELIGIBILITY AS A VICTIM OF DOMESTIC VIOLENCE. SUCH
 SATELLITE TELEVISION COMPANY MAY NOT REQUIRE  SUCH  PERSON  TO  DISCLOSE
 CONFIDENTIAL  INFORMATION OR DETAILS RELATING TO SUCH PERSON'S STATUS AS
 A VICTIM OF DOMESTIC VIOLENCE, AS A CONDITION OF PERMITTING SUCH  PERSON
 TO  OPT-OUT OF SUCH CONTRACT. FURTHER, SUCH SATELLITE TELEVISION COMPANY
 MAY NOT MAKE RELEASE FROM SUCH CONTRACT CONTINGENT ON:  (A)  MAINTAINING
 CONTRACTUAL  OR  BILLING  RESPONSIBILITY OF A SEPARATED ACCOUNT WITH THE
 PROVIDER; (B) APPROVAL OF SEPARATION BY THE PRIMARY ACCOUNT  HOLDER,  IF
 THE PRIMARY ACCOUNT HOLDER IS NOT THE PERSON MAKING SUCH REQUEST; OR (C)
 A  PROHIBITION  OR  LIMITATION  ON THE SEPARATION AS A RESULT OF ARREARS
 ACCRUED BY THE ACCOUNT. SUCH SATELLITE TELEVISION COMPANY SHALL  RELEASE
 SUCH  PERSON FROM SUCH CONTRACT NO LATER THAN SEVEN DAYS AFTER RECEIVING
 SUCH OPT-OUT REQUEST. SUCH SATELLITE TELEVISION COMPANY SHALL DISPOSE OF
 INFORMATION SUBMITTED BY SUCH PERSON NO LATER  THAN  THIRTY  DAYS  AFTER
 RECEIVING SUCH INFORMATION IN A MANNER AS TO MAINTAIN CONFIDENTIALITY OF
 SUCH INFORMATION. A claim for opting-out of such contract without charge
 shall  be  made  in good faith.  Such satellite television company shall
 waive the otherwise applicable [charges] FEE, PENALTY OR CHARGE for such
 person requesting to opt-out of such  contract.  EVERY  SATELLITE  TELE-
 VISION  COMPANY  SHALL  MAKE  INFORMATION  ABOUT THE OPTIONS AND PROCESS
 DESCRIBED IN THIS SECTION READILY AVAILABLE TO CONSUMERS ON THE  WEBSITE
 AND  ANY  MOBILE APPLICATION OF THE PROVIDER, IN PHYSICAL STORES, AND IN
 OTHER FORMS OF PUBLIC-FACING CONSUMER COMMUNICATION.
   § 6. This act  shall  take  effect  immediately  and  shall  apply  to
 contracts entered into on and after such effective date.