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