Relates to cancellation of certain membership camping contracts; amends provisions relating to the use of certain information provided by victims of domestic violence.
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.
STATE OF NEW YORK ________________________________________________________________________ 2339 2013-2014 Regular Sessions IN 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 orS 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.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.]