S T A T E   O F   N E W   Y O R K
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                                  2339

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            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.