S T A T E   O F   N E W   Y O R K
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                                 526--A
    Cal. No. 1333

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sens. PARKER, FUNKE -- read twice and ordered printed, and
  when printed to be committed to the Committee on Energy and Telecommu-
  nications  -- reported favorably from said committee, ordered to first
  and second report, ordered to a 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 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.
                                                           LBD01733-03-5

S. 526--A                           2

CORPORATION SHALL WAIVE THE OTHERWISE APPLICABLE CHARGES FOR SUCH PERSON
REQUESTING TO OPT-OUT OF SUCH CONTRACT.
  S 2. Section 399-yy of the general business law, as amended by chapter
202 of the laws of 2013, is amended to read as follows:
  S  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 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 jurisdiction. This waiver of charges shall be for the dura-
tion of the applicable, non-temporary, order. Any non-published listings
provided in this section shall conform to all the same  requirements  of
other  non-published  listings.  A  customer requesting such an accommo-
dation shall provide a copy of the order of protection to the applicable
cable television  company.  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.
  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  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, 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 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.  A  CLAIM  FOR  OPTING-OUT  OF  SUCH
CONTRACT  WITHOUT  CHARGE  SHALL BE MADE IN GOOD FAITH. SUCH CABLE TELE-
VISION COMPANY SHALL WAIVE THE OTHERWISE  APPLICABLE  CHARGES  FOR  SUCH
PERSON REQUESTING TO OPT-OUT OF SUCH CONTRACT.
  S  3. The general business law is amended by adding a new section 399-
yyy to read as follows:
  S 399-YYY. SATELLITE TELEVISION COMPANY  PROVIDING  TELEVISION  AND/OR
TELEPHONE  SERVICES. 1. EVERY DIRECT BROADCAST SATELLITE SERVICE PROVID-
ER, AS DEFINED IN THIS SECTION, THAT PROVIDES  TELEVISION  AND/OR  TELE-
PHONE  SERVICES  TO  CUSTOMERS  IN  NEW YORK SHALL ALLOW A PERSON WHO IS
UNDER CONTRACT INCLUDING, BUT NOT LIMITED TO A  MULTI-YEAR  CONTRACT  OR
BUNDLED  CONTRACT  WITH SUCH SATELLITE TELEVISION COMPANY, TO OPT-OUT OF
SUCH CONTRACT WITHOUT 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

S. 526--A                           3

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  SATEL-
LITE TELEVISION COMPANY SHALL WAIVE THE OTHERWISE APPLICABLE CHARGES FOR
SUCH PERSON REQUESTING TO OPT-OUT OF SUCH CONTRACT.
  2.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
  (A) "DIRECT BROADCAST SATELLITE SERVICE", MEANS  THE  DISTRIBUTION  OR
BROADCASTING  BY  SATELLITE OF VIDEO PROGRAMMING OR SERVICES DIRECTLY TO
RECEIVING EQUIPMENT LOCATED AT AN END USER SUBSCRIBER'S OR AN  END  USER
CUSTOMER'S  PREMISES,  INCLUDING,  BUT  NOT LIMITED TO, THE PROVISION OF
PREMIUM CHANNELS, THE PROVISION OF MUSIC  OR  OTHER  AUDIO  SERVICES  OR
CHANNELS,  AND  ANY  OTHER  SERVICE  RECEIVED  IN  CONNECTION  WITH  THE
PROVISION OF DIRECT BROADCAST SATELLITE SERVICE.
  (B) "DIRECT BROADCAST SATELLITE SERVICE PROVIDER", MEANS A PERSON  WHO
TRANSMITS,  BROADCASTS  OR OTHERWISE PROVIDES DIRECT BROADCAST SATELLITE
SERVICE TO SUBSCRIBERS OR CUSTOMERS IN THE STATE.
  S 4. This act shall take effect immediately.