S T A T E O F N E W Y O R K
________________________________________________________________________
2356
2019-2020 Regular Sessions
I N S E N A T E
January 24, 2019
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations
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
CORPORATION SHALL WAIVE THE OTHERWISE APPLICABLE CHARGES FOR SUCH PERSON
REQUESTING TO OPT-OUT OF SUCH CONTRACT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00798-01-9
S. 2356 2
§ 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:
§ 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.
§ 3. The general business law is amended by adding a new section 399-
yyy to read as follows:
§ 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
FOLLOWING DOCUMENTS, WHICH SHALL RELATE TO SUCH DOMESTIC VIOLENCE, WITH-
IN SIX MONTHS OF THE DOCUMENT'S ISSUANCE: (A) A VALID DOMESTIC VIOLENCE
S. 2356 3
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.
§ 4. This act shall take effect immediately.
