STATE OF NEW YORK ________________________________________________________________________ 1344 2023-2024 Regular Sessions IN SENATE 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: 1 Section 1. Section 48-a of the public service law, as added by a chap- 2 ter of the laws of 2022 amending the public service law and the general 3 business law relating to requiring the release of individuals from util- 4 ity, phone and television contracts in instances of domestic violence, 5 as proposed in legislative bills numbers S.7157-A and A.6207-B, is 6 amended to read as follows: 7 § 48-a. Utility services; domestic violence victims. 1. Every utility 8 corporation shall allow a person who is under a shared contract with 9 such utility corporation to opt-out of such contract without fee, penal- 10 ty or charge when such person is a victim of domestic violence and 11 provides an attestation in writing [of their eligibility as a victim of 12 domestic violence] that they no longer wish to be a party to such 13 contract due to their status as a victim of domestic violence. Such 14 utility corporation may not require such person to disclose confidential 15 information or details relating to such person's status as a victim of 16 domestic violence, as a condition of permitting such person to opt-out 17 of such contract. Further, such utility corporation may not make release 18 from such contract contingent on: (a) maintaining contractual or billing 19 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 1 separation by the primary account holder, if the primary account holder 2 is not the person making such request; or (c) a prohibition or limita- 3 tion on the separation as a result of arrears accrued by the account. 4 Such utility corporation shall release such person from such contract no 5 later than seven days after receiving such opt-out request. Such utility 6 corporation shall dispose of information submitted by such person no 7 later than thirty days after receiving such information in a manner as 8 to maintain confidentiality of such information. 9 2. Every utility corporation shall make information about the options 10 and process described in subdivision one of this section readily avail- 11 able to customers on the website and any mobile application of such 12 utility corporation, and in other forms of public-facing customer commu- 13 nication. 14 3. A covered provider and any officer, director, employee, vendor or 15 agent thereof shall not be subject to liability for any claims arising 16 from an action taken or omission made with respect to compliance with 17 this section. 18 § 2. Section 399-cccc of the general business law, as added by a chap- 19 ter of the laws of 2022 amending the public service law and the general 20 business law relating to requiring the release of individuals from util- 21 ity, phone and television contracts in instances of domestic violence, 22 as proposed in legislative bills numbers S.7157-A and A.6207-B, is 23 amended to read as follows: 24 § 399-cccc. Wireless telephone services; domestic violence victims. 25 1. Every provider of wireless telephone service, as defined in paragraph 26 (b) of subdivision one of section twelve hundred twenty-five-c of the 27 vehicle and traffic law, shall allow a person who is under a shared 28 phone plan contract with such provider to opt-out of such contract with- 29 out fee, penalty or charge when such person is a victim of domestic 30 violence and provides an attestation in writing [of their eligibility as 31 a victim of domestic violence] that they no longer wish to be a party to 32 such contract due to their status as a victim of domestic violence. Such 33 provider of wireless telephone service may not require such person to 34 disclose confidential information or details relating to such person's 35 status as a victim of domestic violence, as a condition of permitting 36 such person to opt-out of such contract. Further, such provider of 37 wireless telephone service may not make release from such contract 38 contingent on: (a) maintaining contractual or billing responsibility of 39 a separated account with the provider; (b) approval of separation by 40 the primary account holder, if the primary account holder is not the 41 person making such request; (c) a prohibition or limitation on number 42 portability or a request to change phone numbers; or (d) a prohibition 43 or limitation on the separation as a result of arrears accrued by 44 the account. Such provider of wireless telephone service shall release 45 such person from such contract no later than seven days after receiving 46 such opt-out request. Such provider of wireless telephone service shall 47 dispose of information submitted by such person no later than thirty 48 days after receiving such information in a manner as to maintain confi- 49 dentiality of such information. 50 2. Every provider of wireless telephone service shall make information 51 about the options and process described in subdivision one of this 52 section readily available to consumers on the website and any mobile 53 application of the provider, in physical stores, and in other forms of 54 public-facing consumer communication. 55 3. A covered provider and any officer, director, employee, vendor or 56 agent thereof shall not be subject to liability for any claims arising
S. 1344 3 1 from an action taken or omission made with respect to compliance with 2 this section. 3 § 3. Subdivisions 7 and 8 of section 91 of the public service law, as 4 amended by a chapter of the laws of 2022 amending the public service law 5 and the general business law relating to requiring the release of indi- 6 viduals from utility, phone and television contracts in instances of 7 domestic violence, as proposed in legislative bills numbers S.7157-A and 8 A.6207-B, are amended to read as follows: 9 7. Every telephone corporation, as defined in this chapter shall, at 10 its option: (a) allow a customer to use a modified or alternative name 11 for a directory listing or (b) waive the otherwise applicable charges 12 for a non-published telephone listing, where the customer requests 13 protection of its identity in connection with the customer's purchase of 14 telephone service and the customer is a victim of domestic violence, as 15 defined in section four hundred fifty-nine-a of the social services law, 16 and for whose benefit any order of protection, other than a temporary 17 order of protection, has been issued by a court of competent jurisdic- 18 tion. This waiver of charges shall be for the duration of the applica- 19 ble, non-temporary, order. Any non-published listings provided in this 20 subdivision shall conform to all the same requirements of other non- 21 published listings. A customer requesting such an accommodation shall 22 provide an attestation in writing [of their eligibility as a victim of 23 domestic violence] that they no longer wish to be a party to such 24 contract due to their status as a victim of domestic violence. Such 25 telephone corporation may not require such customer to disclose confi- 26 dential information or details relating to such customer's status as a 27 victim of domestic violence, as a condition of implementing such accom- 28 modation. Any customer requesting an accommodation pursuant to this 29 subdivision may also request and shall be provided, at no cost to the 30 customer, a new telephone number within fifteen days from the request 31 for such accommodation. Such telephone corporation shall dispose of 32 information submitted by such customer no later than thirty days after 33 receiving such information in a manner as to maintain confidentiality of 34 such information. 35 8. Every telephone corporation, as defined in this chapter, shall 36 allow a person who is under contract including, but not limited to, a 37 multi-year contract or bundle contract with such telephone corporation, 38 to opt-out of such contract without fee, penalty or charge when such 39 person is a victim of domestic violence and provides an attestation in 40 writing [of their eligibility as a victim of domestic violence] that 41 they no longer wish to be a party to such contract due to their status 42 as a victim of domestic violence. Such telephone corporation may not 43 require such person to disclose confidential information or details 44 relating to such person's status as a victim of domestic violence, as a 45 condition of permitting such person to opt-out of such contract. 46 Further, such telephone corporation may not make release from such 47 contract contingent on: (a) maintaining contractual or billing responsi- 48 bility of a separated line with the provider; (b) approval of separation 49 by the primary account holder, if the primary account holder is not the 50 person making such request; (c) a prohibition or limitation on number 51 portability or a request to change phone numbers; or (d) a prohibition 52 or limitation on the separation of lines as a result of arrears accrued 53 by the account. Such telephone corporation shall release such person 54 from such contract no later than seven days after receiving such opt-out 55 request. Such telephone corporation shall dispose of information submit- 56 ted by such person no later than thirty days after receiving such infor-
S. 1344 4 1 mation in a manner as to maintain confidentiality of such information. A 2 claim for opting-out of such contract without charge shall be made in 3 good faith. Such telephone corporation shall waive the otherwise appli- 4 cable fee, penalty or charge for such person requesting to opt-out of 5 such contract. 6 § 4. Section 399-yy of the general business law, as amended by a chap- 7 ter of the laws of 2022 amending the public service law and the general 8 business law relating to requiring the release of individuals from util- 9 ity, phone and television contracts in instances of domestic violence, 10 as proposed in legislative bills numbers S.7157-A and A.6207-B, is 11 amended to read as follows: 12 § 399-yy. Cable television company providing telephone services. 1. 13 Every cable television company, as defined in section two hundred twelve 14 of the public service law, that provides telephone service to customers 15 in New York shall, at its option: a. allow a customer without fee, 16 penalty or charge to use a modified or alternative name for a directory 17 listing or b. waive the otherwise applicable charges for a non-published 18 telephone listing, where the customer requests protection of its identi- 19 ty in connection with the customer's purchase of telephone service and 20 the customer is a victim of domestic violence, as defined in section 21 four hundred fifty-nine-a of the social services law. Any non-published 22 listings provided in this section shall conform to all the same require- 23 ments of other non-published listings. A customer requesting such an 24 accommodation shall provide an attestation in writing [of their eligi- 25 bility as a victim of domestic violence] that they no longer wish to be 26 a party to such contract due to their status as a victim of domestic 27 violence. Such cable television company may not require such customer to 28 disclose confidential information or details relating to such customer's 29 status as a victim of domestic violence, as a condition of implementing 30 such accommodation. Any customer requesting an accommodation pursuant to 31 this section may also request and shall be provided, at no cost to the 32 customer, a new telephone number within fifteen days from the request 33 for such accommodation. Such cable television company shall dispose of 34 information submitted by such customer no later than thirty days after 35 receiving such information in a manner as to maintain confidentiality of 36 such information. 37 2. Every cable television company, as defined in section two hundred 38 twelve of the public service law, that provides television and/or tele- 39 phone service to customers in New York under contract including, but not 40 limited to a multi-year contract or bundled contract with such cable 41 television company, shall allow a person to opt-out of such contract 42 without fee, penalty or charge when such person is a victim of domestic 43 violence and provides an attestation in writing [of their eligibility as 44 a victim of domestic violence] that they no longer wish to be a party to 45 such contract due to their status as a victim of domestic violence. Such 46 cable television company may not require such person to disclose confi- 47 dential information or details relating to such person's status as a 48 victim of domestic violence, as a condition of permitting such person to 49 opt-out of such contract. Further, such cable television company may not 50 make release from such contract contingent on: (a) maintaining contrac- 51 tual or billing responsibility of a separated account with the provider; 52 (b) approval of separation by the primary account holder, if the primary 53 account holder is not the person making such request; or (c) a prohibi- 54 tion or limitation on the separation as a result of arrears accrued by 55 the account. Such cable television company shall release such person 56 from such contract no later than seven days after receiving such opt-out
S. 1344 5 1 request. Such cable television company shall dispose of information 2 submitted by such person no later than thirty days after receiving such 3 information in a manner as to maintain confidentiality of such informa- 4 tion. A claim for opting-out of such contract without charge shall be 5 made in good faith. Such cable television company shall waive the other- 6 wise applicable fee, penalty or charge for such person requesting to 7 opt-out of such contract. Every cable television company shall make 8 information about the options and process described in this section 9 readily available to consumers on the website and any mobile application 10 of the provider, in physical stores, and in other forms of public-facing 11 consumer communication. 12 3. A covered provider and any officer, director, employee, vendor or 13 agent thereof shall not be subject to liability for any claims arising 14 from an action taken or omission made with respect to compliance with 15 this section. 16 § 5. Subdivision 1 of section 399-yyy of the general business law, as 17 amended by a chapter of the laws of 2022 amending the public service law 18 and the general business law relating to requiring the release of indi- 19 viduals from utility, phone and television contracts in instances of 20 domestic violence, as proposed in legislative bills numbers S.7157-A and 21 A.6207-B, is amended to read as follows: 22 1. Every direct broadcast satellite service provider, as defined in 23 this section, that provides television and/or telephone services to 24 customers in New York shall allow a person who is under contract includ- 25 ing, but not limited to a multi-year contract or bundled contract with 26 such satellite television company, to opt-out of such contract without 27 fee, penalty or charge when such a person is a victim of domestic 28 violence and provides an attestation in writing [of their eligibility as 29 a victim of domestic violence] that they no longer wish to be a party to 30 such contract due to their status as a victim of domestic violence. Such 31 satellite television company may not require such person to disclose 32 confidential information or details relating to such person's status as 33 a victim of domestic violence, as a condition of permitting such person 34 to opt-out of such contract. Further, such satellite television company 35 may not make release from such contract contingent on: (a) maintaining 36 contractual or billing responsibility of a separated account with the 37 provider; (b) approval of separation by the primary account holder, if 38 the primary account holder is not the person making such request; or (c) 39 a prohibition or limitation on the separation as a result of arrears 40 accrued by the account. Such satellite television company shall release 41 such person from such contract no later than seven days after receiving 42 such opt-out request. Such satellite television company shall dispose of 43 information submitted by such person no later than thirty days after 44 receiving such information in a manner as to maintain confidentiality of 45 such information. A claim for opting-out of such contract without charge 46 shall be made in good faith. Such satellite television company shall 47 waive the otherwise applicable fee, penalty or charge for such person 48 requesting to opt-out of such contract. Every satellite television 49 company shall make information about the options and process described 50 in this section readily available to consumers on the website and any 51 mobile application of the provider, in physical stores, and in other 52 forms of public-facing consumer communication. 53 § 6. Section 6 of a chapter of the laws of 2022 amending the public 54 service law and the general business law relating to requiring the 55 release of individuals from utility, phone and television contracts in
S. 1344 6 1 instances of domestic violence, as proposed in legislative bills numbers 2 S.7157-A and A.6207-B, is amended to read as follows: 3 § 6. This act shall take effect [immediately and shall apply to 4 contracts entered into on and after such effective date] June 30, 2023. 5 § 7. This act shall take effect on the same date and in the same 6 manner as a chapter of the laws of 2022 amending the public service law 7 and the general business law relating to requiring the release of indi- 8 viduals from utility, phone and television contracts in instances of 9 domestic violence, as proposed in legislative bills numbers S.7157-A and 10 A.6207-B, takes effect.