S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1344
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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;  and  to
   amend  a  chapter  of the laws of 2022 amending the public service law
   and the general business law relating  to  requiring  the  release  of
   individuals  from utility, phone and television contracts in instances
   of  domestic  violence,  as  proposed  in  legislative  bills  numbers
   S.7157-A and A.6207-B, in relation to the effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 48-a of the public service law, as added by a chap-
 ter of the laws of 2022 amending the public service law and the  general
 business law relating to requiring the release of individuals from util-
 ity,  phone  and television contracts in instances of domestic violence,
 as proposed in legislative  bills  numbers  S.7157-A  and  A.6207-B,  is
 amended to read as follows:
   §  48-a. Utility services; domestic violence victims. 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, penal-
 ty  or  charge  when  such  person  is a victim of domestic violence and
 provides an attestation in writing [of their eligibility as a victim  of
 domestic  violence]  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 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04155-01-3
              

 S. 1344                             2
 
 separation by the  primary account holder, if the primary account holder
 is  not  the person making such request; or (c) a prohibition or limita-
 tion on the separation as a result of arrears accrued  by  the  account.
 Such utility corporation shall release such person from such contract no
 later than seven days after receiving such opt-out request. Such utility
 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.
   2.  Every utility corporation shall make information about the options
 and process described in subdivision one of this section readily  avail-
 able  to  customers  on  the  website and any mobile application of such
 utility corporation, and in other forms of public-facing customer commu-
 nication.
   3. A covered provider and any officer, director, employee,  vendor  or
 agent  thereof  shall not be subject to liability for any claims arising
 from an action taken or omission made with respect  to  compliance  with
 this section.
   § 2. Section 399-cccc of the general business law, as added by a chap-
 ter  of the laws of 2022 amending the public service law and the general
 business law relating to requiring the release of individuals from util-
 ity, phone and television contracts in instances of  domestic  violence,
 as  proposed  in  legislative  bills  numbers  S.7157-A and A.6207-B, is
 amended to read as follows:
   § 399-cccc. Wireless telephone services;  domestic  violence  victims.
 1. 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 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 [of their eligibility as
 a victim of domestic violence] THAT THEY NO LONGER WISH TO BE A PARTY TO
 SUCH CONTRACT DUE TO THEIR STATUS AS A VICTIM OF DOMESTIC VIOLENCE. 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. 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.  Such provider of wireless telephone service shall release
 such person from such contract no later than seven days after  receiving
 such  opt-out request. 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 confi-
 dentiality of such information.
   2. Every provider of wireless telephone service shall make information
 about the options and process  described  in  subdivision  one  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.
   3.  A  covered provider and any officer, director, employee, vendor or
 agent thereof shall not be subject to liability for any  claims  arising
 S. 1344                             3

 from  an  action  taken or omission made with respect to compliance with
 this section.
   §  3. Subdivisions 7 and 8 of section 91 of the public service law, as
 amended by a chapter of the laws of 2022 amending the public service law
 and the general business law relating to requiring the release of  indi-
 viduals  from  utility,  phone  and television contracts in instances of
 domestic violence, as proposed in legislative bills numbers S.7157-A and
 A.6207-B, are amended 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  an  attestation in writing [of their eligibility as a victim of
 domestic violence] THAT THEY NO LONGER  WISH  TO  BE  A  PARTY  TO  SUCH
 CONTRACT  DUE  TO  THEIR  STATUS  AS A VICTIM OF DOMESTIC VIOLENCE. Such
 telephone corporation may not require such customer to  disclose  confi-
 dential  information  or details relating to such customer's status as a
 victim of domestic violence, as a condition of implementing such  accom-
 modation.  Any  customer  requesting  an  accommodation 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 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 provides an  attestation  in
 writing  [of  their  eligibility  as a victim of domestic violence] THAT
 THEY NO LONGER WISH TO BE A PARTY TO SUCH CONTRACT DUE TO  THEIR  STATUS
 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  telephone  corporation  may  not  make release from such
 contract contingent on: (a) maintaining contractual or billing responsi-
 bility 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 submit-
 ted by such person no later than thirty days after receiving such infor-
 S. 1344                             4
 
 mation 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 appli-
 cable  fee,  penalty  or charge for such person requesting to opt-out of
 such contract.
   § 4. Section 399-yy of the general business law, as amended by a chap-
 ter of the laws of 2022 amending the public service law and the  general
 business law relating to requiring the release of individuals from util-
 ity,  phone  and television contracts in instances of domestic violence,
 as proposed in legislative  bills  numbers  S.7157-A  and  A.6207-B,  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. Any non-published
 listings provided in this section shall conform to all the same require-
 ments of other non-published listings. A  customer  requesting  such  an
 accommodation  shall  provide an attestation in writing [of their eligi-
 bility as a victim of domestic violence] THAT THEY NO LONGER WISH TO  BE
 A  PARTY  TO  SUCH  CONTRACT DUE TO THEIR STATUS 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 provides an attestation in writing [of their eligibility as
 a victim of domestic violence] THAT THEY NO LONGER WISH TO BE A PARTY TO
 SUCH CONTRACT DUE TO THEIR STATUS 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
 S. 1344                             5
 
 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 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 communication.
   3.  A  covered provider and any officer, director, employee, vendor or
 agent thereof shall not be subject to liability for any  claims  arising
 from  an  action  taken or omission made with respect to compliance with
 this section.
   § 5. Subdivision 1 of section 399-yyy of the general business law,  as
 amended by a chapter of the laws of 2022 amending the public service law
 and  the general business law relating to requiring the release of indi-
 viduals from utility, phone and television  contracts  in  instances  of
 domestic violence, as proposed in legislative bills numbers S.7157-A and
 A.6207-B, 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 [of their eligibility as
 a victim of domestic violence] THAT THEY NO LONGER WISH TO BE A PARTY TO
 SUCH CONTRACT DUE TO THEIR STATUS 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 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.  Section  6 of a chapter of the laws of 2022 amending the public
 service law and the general  business  law  relating  to  requiring  the
 release  of  individuals from utility, phone and television contracts in
 S. 1344                             6
 
 instances of domestic violence, as proposed in legislative bills numbers
 S.7157-A and A.6207-B, is amended to read as follows:
   §  6.  This  act  shall  take  effect  [immediately and shall apply to
 contracts entered into on and after such effective date] JUNE 30, 2023.
   § 7. This act shall take effect on the  same  date  and  in  the  same
 manner  as a chapter of the laws of 2022 amending the public service law
 and the general business law relating to requiring the release of  indi-
 viduals  from  utility,  phone  and television contracts in instances of
 domestic violence, as proposed in legislative bills numbers S.7157-A and
 A.6207-B, takes effect.