Relates to cancellation of certain membership camping contracts; amends provisions relating to the use of certain information provided by victims of domestic violence.

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S2339-2013 Actions

• Mar 19, 2013: SUBSTITUTED BY A581
• Mar 4, 2013: ADVANCED TO THIRD READING
• Feb 28, 2013: 2ND REPORT CAL.
• Feb 27, 2013: 1ST REPORT CAL.107
• Jan 16, 2013: REFERRED TO CONSUMER PROTECTION

S2339-2013 Meetings

Consumer Protection: Feb 27, 2013

S2339-2013 Calendars

Active List: Mar 19, 2013 , Floor Calendar: Feb 28, 2013 , Floor Calendar: Mar 4, 2013 , Floor Calendar: Mar 5, 2013 , Floor Calendar: Mar 6, 2013 , Floor Calendar: Mar 7, 2013 , Floor Calendar: Mar 11, 2013 , Floor Calendar: Mar 12, 2013 , Floor Calendar: Mar 13, 2013 , Floor Calendar: Mar 14, 2013 , Floor Calendar: Mar 18, 2013 , Floor Calendar: Mar 19, 2013

S2339-2013 Votes

S2339-2013 Memo

BILL NUMBER:S2339

TITLE OF BILL:  An act to amend the general business law, in relation
to cancellation of certain membership camping contracts

PURPOSE: The purpose of this bill is to amend Chapter 383 of the Laws
of 2012 in order to provide certain protections intended to protect
public safety and privacy.

SUMMARY OF PROVISIONS:

Section 1 amends subparagraph 5 of paragraph a of subdivision 2 of
section 654-a of the general business law, as added by chapter 383 of
the laws of 2012

JUSTIFICATION: Chapter 383 of the Laws of 2012 allows purchasers of
membership camping contracts to cancel such contracts under certain
circumstances. One such circumstance involves cases of alleged
domestic violence. This bill would remove the ability of campground
membership operators to investigate cancellation requests in cases of
alleged domestic violence in order to protect the privacy and
especially the safety of those malting such requests.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the same date and in the
same mariner as Chapter 383 of the Laws of 2012.

S2339-2013 Text

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

                                    2339

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 16, 2013
                                 ___________

  Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
    printed to be committed to the Committee on Consumer Protection

  AN ACT to amend the general business law, in relation to cancellation of
    certain membership camping contracts

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Subparagraph 5 of paragraph a of subdivision 2 of section
  654-a of the general business law, as added by chapter 383 of  the  laws
  of 2012, is amended to read as follows:

    (5)  the  purchaser  of  a  contract signed by more than one purchaser
  provides to the operator a copy of any  of  the  following,  within  six
  months of its issuance, involving domestic violence by another signatory
  of the same contract: (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;  or (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. Paragraph d of this subdivision shall
  not  apply to a purchaser canceling under this subparagraph. A claim for
  termination under this subparagraph shall be made in good faith.  Termi-
  nation under this subparagraph shall require, and the provision  of  any
  of  the  items in (A) through (D) of this subparagraph, for the purposes
  of this subparagraph, shall be presumptive  evidence  of  the  continued
  existence  of  a  substantial  risk of physical or emotional harm to the
  purchaser or purchaser's child. [Provision of any of the  items  in  (A)
  through (D) of this subparagraph shall give the operator, at its option,
  the right to investigate and, based on the information contained in such
  items,  if  he  or she determines that the safety of campground users or

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04306-01-3

 S. 2339                             2

  employees would be endangered by allowing  the  purchaser  that  is  not
  exercising his or her rights under this subdivision to remain authorized
  to  use  the  campground  facilities, the operator shall provide written
  notice  of  such determination to such purchaser which shall inform such
  purchaser of his or her right to respond  in  writing  to  the  operator
  within  thirty  days  of  receipt of such notice. Upon expiration of the
  thirty day period,  if  the  operator  reasonably  determines  that  the
  response  from the purchaser not exercising his or her rights under this
  subdivision is insufficient, the operator may terminate the contract  of
  such purchaser.]
    S  2.    This  act  shall take effect on the same date and in the same
  manner as chapter 383 of the laws of 2012 takes effect.