S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9593
 
                           I N  A S S E M B L Y
 
                              March 26, 2024
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Corporations, Authorities and Commissions
 
 AN ACT to amend the public service law and the general business law,  in
   relation  to  releasing  victims  of  domestic  violence  from certain
   contracts
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 48-a of the public service law, as
 amended  by  chapter  42  of  the  laws  of  2023, is amended to read as
 follows:
   1. Every utility corporation shall allow  a  person  who  is  under  a
 shared  contract  with  such  utility  corporation  to  opt-out  of such
 contract without fee, penalty or charge when such person is a victim  of
 domestic  violence  and  provides an attestation in writing that they no
 longer wish to be a party to such contract due  to  their  status  as  a
 victim  of  domestic violence.   SUCH UTILITY CORPORATION SHALL PERMIT A
 VICTIM OF DOMESTIC VIOLENCE TO SUBMIT SUCH WRITTEN  ATTESTATION  THROUGH
 SECURE  REMOTE  MEANS  THAT  ARE  EASILY NAVIGABLE, PROVIDED THAT REMOTE
 OPTIONS ARE COMMERCIALLY AVAILABLE AND TECHNICALLY FEASIBLE.  SUCH UTIL-
 ITY CORPORATION SHALL PERMIT ONE OR MORE INDIVIDUALS  WHO  ARE  UNDER  A
 SHARED  CONTRACT  TO  OPT-OUT OF SUCH CONTRACT WITHOUT A FEE, PENALTY OR
 CHARGE, REGARDLESS OF HOW MANY  PERSONS  PREVIOUSLY  MADE  SUCH  OPT-OUT
 REQUESTS  OR WHEN, DURING THE TERM OF SUCH SHARED CONTRACT, SUCH REQUEST
 WAS MADE TO SUCH UTILITY CORPORATION. Such utility 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. IF THE
 PERSON MAKING SUCH REQUEST IS THE PRIMARY ACCOUNT HOLDER ON SUCH  SHARED
 CONTRACT, SUCH UTILITY CORPORATION SHALL BE PROHIBITED FROM TRANSFERRING
 ANY CONTRACTUAL OR BILLING RESPONSIBILITY OF SUCH SHARED CONTRACT TO ANY
 OTHER  ACCOUNT  HOLDERS  ON  SUCH SHARED CONTRACT. Further, such utility
 corporation 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10730-06-4
 A. 9593                             2
 
 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. NOR SHALL SUCH UTILITY  CORPO-
 RATION  PROHIBIT  A PERSON WHO HAD MADE AN OPT-OUT REQUEST FROM ENTERING
 INTO A NEW CONTRACT WITH SUCH UTILITY CORPORATION. Such  utility  corpo-
 ration  shall  release  such  person  from  such  contract no later than
 [seven] TWO BUSINESS  days after receiving such opt-out request.   IF  A
 PERSON MAKING SUCH REQUEST IS NOT THE PRIMARY ACCOUNT HOLDER, SUCH UTIL-
 ITY  CORPORATION SHALL NOTIFY THE PERSON MAKING SUCH REQUEST OF THE DATE
 ON WHICH SUCH UTILITY CORPORATION INTENDS TO GIVE FORMAL NOTICE  TO  THE
 PRIMARY ACCOUNT HOLDER. Such utility corporation shall dispose of infor-
 mation  submitted by such person no later than thirty days after receiv-
 ing such information in a manner as to maintain confidentiality of  such
 information.  SUCH UTILITY CORPORATION SHALL MAKE INFORMATION ABOUT THIS
 OPTION AND PROCESS READILY AVAILABLE TO CONSUMERS ON SUCH UTILITY CORPO-
 RATION'S  WEBSITE  AND  MOBILE  APPLICATION,  IN PHYSICAL STORES, AND IN
 OTHER FORMS OF PUBLIC-FACING CONSUMER COMMUNICATION.
   § 2. Subdivision 1 of section 399-cccc of the general business law, as
 amended by chapter 42 of the  laws  of  2023,  is  amended  to  read  as
 follows:
   1.  Every  provider of wireless telephone service, as defined in para-
 graph (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 to opt-out of such contract with-
 out fee, penalty or charge when such person  is  a  victim  of  domestic
 violence and provides an attestation in writing that they no longer wish
 to be a party to such contract due to their status as a victim of domes-
 tic violence. SUCH PROVIDER OF WIRELESS TELEPHONE SERVICE SHALL PERMIT A
 VICTIM  OF  DOMESTIC VIOLENCE TO SUBMIT SUCH WRITTEN ATTESTATION THROUGH
 SECURE REMOTE MEANS THAT ARE  EASILY  NAVIGABLE,  PROVIDED  THAT  REMOTE
 OPTIONS  ARE  COMMERCIALLY  AVAILABLE  AND  TECHNICALLY FEASIBLE.   SUCH
 PROVIDER OF WIRELESS TELEPHONE SERVICE SHALL PERMIT ONE OR MORE INDIVID-
 UALS WHO ARE UNDER A SHARED CONTRACT TO OPT-OUT OF SUCH CONTRACT WITHOUT
 FEE, PENALTY OR CHARGE, REGARDLESS OF HOW MANY PERSONS  PREVIOUSLY  MADE
 SUCH  OPT-OUT REQUESTS OR WHEN, DURING THE TERM OF SUCH SHARED CONTRACT,
 SUCH REQUEST WAS MADE TO SUCH PROVIDER OF  WIRELESS  TELEPHONE  SERVICE.
 Such  provider of wireless telephone service 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. IF THE PERSON MAKING
 SUCH REQUEST IS THE PRIMARY ACCOUNT HOLDER ON SUCH SHARED CONTRACT, SUCH
 PROVIDER OF WIRELESS TELEPHONE SERVICE SHALL BE PROHIBITED  FROM  TRANS-
 FERRING  ANY  CONTRACTUAL  OR  BILLING  RESPONSIBILITY  OF  SUCH  SHARED
 CONTRACT TO ANY OTHER ACCOUNT HOLDERS ON SUCH SHARED CONTRACT.  Further,
 such  provider  of  wireless telephone service 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; (c) a prohibition  or  limitation
 on  number  portability or a request to change phone numbers; [or] (d) a
 prohibition or limitation on the  separation  as  a  result  of  arrears
 accrued  by  the account; OR (E) AN INCREASE IN THE RATE CHARGED FOR THE
 MOBILE SERVICE PLAN OF  THE  PRIMARY  ACCOUNT  HOLDER  WITH  RESPECT  TO
 SERVICE  ON  ANY  REMAINING  LINE OR LINES.   NOR SHALL SUCH PROVIDER OF
 WIRELESS TELEPHONE SERVICE PROHIBIT A PERSON WHO  HAS  MADE  AN  OPT-OUT
 REQUEST  FROM  ENTERING INTO A NEW CONTRACT WITH SUCH WIRELESS TELEPHONE
 A. 9593                             3
 
 SERVICE.  BEGINNING ON THE DATE ON WHICH A PROVIDER  OF  WIRELESS  TELE-
 PHONE  SERVICE RELEASES A PERSON MAKING SUCH REQUEST FROM A SHARED PHONE
 PLAN CONTRACT, THE PERSON MAKING  SUCH  REQUEST  WILL  HAVE  NO  FURTHER
 FINANCIAL  RESPONSIBILITIES  FOR  ANY MOBILE DEVICE ASSOCIATED WITH SUCH
 SHARED PHONE PLAN  CONTRACT,  UNLESS  THE  PERSON  MAKING  SUCH  REQUEST
 PURCHASED  THE  MOBILE  DEVICE,  OR  AFFIRMATIVELY  ELECTS  TO  MAINTAIN
 POSSESSION OF THE MOBILE DEVICE. Such  provider  of  wireless  telephone
 service  shall  release  such  person  from  such contract no later than
 [seven] TWO BUSINESS days after receiving such opt-out request.    IF  A
 PERSON  MAKING  SUCH  REQUEST  IS  NOT  THE PRIMARY ACCOUNT HOLDER, SUCH
 PROVIDER OF WIRELESS TELEPHONE SERVICE SHALL NOTIFY  THE  PERSON  MAKING
 SUCH  REQUEST  OF  THE DATE ON WHICH SUCH PROVIDER OF WIRELESS TELEPHONE
 SERVICE INTENDS TO GIVE FORMAL NOTICE TO  THE  PRIMARY  ACCOUNT  HOLDER.
 Such provider of wireless telephone service 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.    SUCH PROVIDER OF WIRELESS TELEPHONE SERVICE SHALL MAKE INFORMA-
 TION ABOUT THIS OPTION AND PROCESS READILY  AVAILABLE  TO  CONSUMERS  ON
 SUCH  WIRELESS  TELEPHONE SERVICE PROVIDER'S WEBSITE AND MOBILE APPLICA-
 TION, IN PHYSICAL STORES, AND IN OTHER FORMS OF  PUBLIC-FACING  CONSUMER
 COMMUNICATION.
   § 3. Subdivision 8 of section 91 of the public service law, as amended
 by chapter 42 of the laws of 2023, is amended 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 fee, penalty  or  charge  when  such
 person  is  a victim of domestic violence and provides an attestation in
 writing that they no longer wish to be a party to such contract  due  to
 their  status  as  a  victim of domestic violence. SUCH TELEPHONE CORPO-
 RATION SHALL PERMIT A VICTIM OF DOMESTIC VIOLENCE TO SUBMIT SUCH WRITTEN
 ATTESTATION THROUGH SECURE  REMOTE  MEANS  THAT  ARE  EASILY  NAVIGABLE,
 PROVIDED  THAT REMOTE OPTIONS ARE COMMERCIALLY AVAILABLE AND TECHNICALLY
 FEASIBLE.  SUCH TELEPHONE CORPORATION SHALL PERMIT ONE OR MORE  INDIVID-
 UALS WHO ARE UNDER A SHARED CONTRACT TO OPT-OUT OF SUCH CONTRACT WITHOUT
 FEE,  PENALTY  OR CHARGE, REGARDLESS OF HOW MANY PERSONS PREVIOUSLY MADE
 SUCH OPT-OUT REQUESTS OR WHEN, DURING THE TERM OF SUCH SHARED  CONTRACT,
 SUCH  REQUEST  WAS  MADE  TO  SUCH TELEPHONE CORPORATION. Such telephone
 corporation may not require such person to disclose confidential  infor-
 mation or details relating to such person's status as a victim of domes-
 tic  violence,  as  a  condition of permitting such person to opt-out of
 such contract. IF THE PERSON MAKING SUCH REQUEST IS THE PRIMARY  ACCOUNT
 HOLDER  ON  SUCH  SHARED  CONTRACT,  SUCH TELEPHONE CORPORATION SHALL BE
 PROHIBITED FROM TRANSFERRING ANY CONTRACTUAL OR  BILLING  RESPONSIBILITY
 OF  SUCH  SHARED  CONTRACT  TO  ANY OTHER ACCOUNT HOLDERS ON SUCH SHARED
 CONTRACT. Further, such telephone 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; OR (E) AN INCREASE IN THE RATE CHARGED
 FOR THE MOBILE SERVICE PLAN OF THE PRIMARY ACCOUNT HOLDER  WITH  RESPECT
 TO  SERVICE  ON  ANY  REMAINING LINE OR LINES.  NOR SHALL SUCH TELEPHONE
 CORPORATION PROHIBIT A PERSON WHO  HAS  MADE  AN  OPT-OUT  REQUEST  FROM
 A. 9593                             4
 
 ENTERING INTO A NEW CONTRACT WITH SUCH TELEPHONE CORPORATION. Such tele-
 phone  corporation shall release such person from such contract no later
 than [seven] TWO BUSINESS days after receiving such opt-out request.  IF
 A  PERSON  MAKING  SUCH  REQUEST IS NOT THE PRIMARY ACCOUNT HOLDER, SUCH
 TELEPHONE CORPORATION SHALL NOTIFY THE PERSON MAKING SUCH REQUEST OF THE
 DATE ON WHICH SUCH TELEPHONE CORPORATION INTENDS TO GIVE  FORMAL  NOTICE
 TO  THE PRIMARY ACCOUNT HOLDER. 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 fee, penalty or charge for such  person  requesting
 to  opt-out  of  such  contract.   SUCH TELEPHONE CORPORATION SHALL MAKE
 INFORMATION ABOUT THIS OPTION AND PROCESS READILY AVAILABLE TO CONSUMERS
 ON SUCH TELEPHONE CORPORATION'S WEBSITE AND MOBILE APPLICATION, IN PHYS-
 ICAL STORES, AND IN OTHER FORMS OF PUBLIC-FACING CONSUMER COMMUNICATION.
   § 4. Subdivision 2 of section 399-yy of the general business  law,  as
 amended  by  chapter  42  of  the  laws  of  2023, is amended to read as
 follows:
   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 provides an attestation in writing that they no longer wish
 to be a party to such contract due to their status as a victim of domes-
 tic  violence.    SUCH CABLE TELEVISION COMPANY SHALL PERMIT A VICTIM OF
 DOMESTIC VIOLENCE TO SUBMIT  SUCH  WRITTEN  ATTESTATION  THROUGH  SECURE
 REMOTE MEANS THAT ARE EASILY NAVIGABLE, PROVIDED THAT REMOTE OPTIONS ARE
 COMMERCIALLY  AVAILABLE AND TECHNICALLY FEASIBLE.  SUCH CABLE TELEVISION
 COMPANY SHALL PERMIT ONE OR MORE INDIVIDUALS  WHO  ARE  UNDER  A  SHARED
 CONTRACT  TO  OPT-OUT  OF  SUCH CONTRACT WITHOUT FEE, PENALTY OR CHARGE,
 REGARDLESS OF HOW MANY PERSONS PREVIOUSLY MADE SUCH OPT-OUT REQUESTS  OR
 WHEN,  DURING THE TERM OF SUCH SHARED CONTRACT, SUCH REQUEST WAS MADE TO
 SUCH CABLE TELEVISION COMPANY. Such cable  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. IF THE
 PERSON MAKING SUCH REQUEST IS THE PRIMARY ACCOUNT HOLDER ON SUCH  SHARED
 CONTRACT,  SUCH CABLE TELEVISION COMPANY SHALL BE PROHIBITED FROM TRANS-
 FERRING  ANY  CONTRACTUAL  OR  BILLING  RESPONSIBILITY  OF  SUCH  SHARED
 CONTRACT  TO ANY OTHER ACCOUNT HOLDERS ON SUCH SHARED CONTRACT. Further,
 such cable 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 sepa-
 ration as a result of arrears accrued by the  account.  NOR  SHALL  SUCH
 CABLE  TELEVISION  COMPANY  PROHIBIT  A  PERSON  WHO HAS MADE AN OPT-OUT
 REQUEST FROM ENTERING INTO A NEW CONTRACT  WITH  SUCH  CABLE  TELEVISION
 COMPANY.  Such  cable  television company shall release such person from
 such contract no later than [seven] TWO BUSINESS  days  after  receiving
 such opt-out request.  IF A PERSON MAKING SUCH REQUEST IS NOT THE PRIMA-
 RY ACCOUNT HOLDER, SUCH CABLE TELEVISION COMPANY SHALL NOTIFY THE PERSON
 MAKING  SUCH  REQUEST  OF  THE  DATE  ON  WHICH SUCH UTILITY CORPORATION
 A. 9593                             5
 
 INTENDS TO GIVE FORMAL NOTICE TO THE PRIMARY ACCOUNT HOLDER. 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 information. A claim for opting-
 out of such contract without charge shall be made in  good  faith.  Such
 cable  television  company  shall  waive  the  otherwise applicable 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 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  communi-
 cation.
   §  5. Subdivision 1 of section 399-yyy of the general business law, as
 amended by chapter 42 of the  laws  of  2023,  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 provides an attestation in writing that they no longer wish
 to be a party to such contract due to their status as a victim of domes-
 tic violence. SUCH SATELLITE TELEVISION COMPANY SHALL PERMIT A VICTIM OF
 DOMESTIC VIOLENCE TO SUBMIT  SUCH  WRITTEN  ATTESTATION  THROUGH  SECURE
 REMOTE MEANS THAT ARE EASILY NAVIGABLE, PROVIDED THAT REMOTE OPTIONS ARE
 COMMERCIALLY  AVAILABLE  AND TECHNICALLY FEASIBLE.  SUCH SATELLITE TELE-
 VISION COMPANY SHALL PERMIT ONE OR MORE  INDIVIDUALS  WHO  ARE  UNDER  A
 SHARED  CONTRACT  TO  OPT-OUT  OF  SUCH CONTRACT WITHOUT FEE, PENALTY OR
 CHARGE, REGARDLESS OF HOW MANY  PERSONS  PREVIOUSLY  MADE  SUCH  OPT-OUT
 REQUEST  OR  WHEN, DURING THE TERM OF SUCH SHARED CONTRACT, SUCH REQUEST
 WAS MADE TO SUCH SATELLITE TELEVISION COMPANY. 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. IF THE PERSON MAKING SUCH REQUEST IS THE PRIMARY ACCOUNT HOLD-
 ER ON SUCH SHARED CONTRACT, SUCH SATELLITE TELEVISION COMPANY  SHALL  BE
 PROHIBITED  FROM  TRANSFERRING ANY CONTRACTUAL OR BILLING RESPONSIBILITY
 OF SUCH SHARED CONTRACT TO ANY OTHER  ACCOUNT  HOLDERS  ON  SUCH  SHARED
 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  prohibi-
 tion  or  limitation on the separation as a result of arrears accrued by
 the account. NOR SHALL SUCH  SATELLITE  TELEVISION  COMPANY  PROHIBIT  A
 PERSON WHO HAS MADE AN OPT-OUT REQUEST FROM ENTERING INTO A NEW CONTRACT
 WITH SUCH SATELLITE TELEVISION COMPANY. Such satellite television compa-
 ny  shall  release  such person from such contract no later than [seven]
 TWO BUSINESS days after receiving such opt-out request.    IF  A  PERSON
 MAKING  SUCH  REQUEST  IS NOT THE PRIMARY ACCOUNT HOLDER, SUCH SATELLITE
 TELEVISION COMPANY SHALL NOTIFY THE PERSON MAKING SUCH  REQUEST  OF  THE
 DATE  ON  WHICH SUCH SATELLITE TELEVISION COMPANY INTENDS TO GIVE FORMAL
 NOTICE TO THE PRIMARY ACCOUNT HOLDER. 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
 A. 9593                             6

 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 fee, penalty or
 charge  for  such  person  requesting to opt-out of such contract. Every
 satellite television 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.