S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   581

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to cancellation of
  certain membership camping contracts

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph 5 of paragraph a of subdivision 2  of  section
654-a  of  the general business law, as added by chapter 383 of the laws
of 2012, is amended to read as follows:
  (5) the purchaser of a contract signed  by  more  than  one  purchaser
provides  to  the  operator  a  copy of any of the following, within six
months of its issuance, involving domestic violence by another signatory
of the same contract: (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; or (D) a signed  affidavit  from  a  licensed
medical or mental health care provider, employee of a court acting with-
in  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. Paragraph d of this subdivision shall
not apply to a purchaser canceling under this subparagraph. A claim  for
termination under this subparagraph shall be made in good faith.  Termi-
nation  under  this subparagraph shall require, and the provision of any
of the items in (A) through (D) of this subparagraph, for  the  purposes
of  this  subparagraph,  shall  be presumptive evidence of the continued
existence of a substantial risk of physical or  emotional  harm  to  the
purchaser  or  purchaser's  child. [Provision of any of the items in (A)
through (D) of this subparagraph shall give the operator, at its option,
the right to investigate and, based on the information contained in such

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

                                                           LBD04306-01-3

A. 581                              2

items, if he or she determines that the safety of  campground  users  or
employees  would  be  endangered  by  allowing the purchaser that is not
exercising his or her rights under this subdivision to remain authorized
to  use  the  campground  facilities, the operator shall provide written
notice of such determination to such purchaser which shall  inform  such
purchaser  of  his  or  her  right to respond in writing to the operator
within thirty days of receipt of such notice.  Upon  expiration  of  the
thirty  day  period,  if  the  operator  reasonably  determines that the
response from the purchaser not exercising his or her rights under  this
subdivision  is insufficient, the operator may terminate the contract of
such purchaser.]
  S 2.  This act shall take effect on the same  date  and  in  the  same
manner as chapter 383 of the laws of 2012 takes effect.