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A00581 Summary:

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A00581 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           581
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Consumer Affairs and 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:
 
     1    Section 1. Subparagraph 5 of paragraph a of subdivision 2  of  section
     2  654-a  of  the general business law, as added by chapter 383 of the laws
     3  of 2012, is amended to read as follows:
     4    (5) the purchaser of a contract signed  by  more  than  one  purchaser
     5  provides  to  the  operator  a  copy of any of the following, within six
     6  months of its issuance, involving domestic violence by another signatory
     7  of the same contract: (A) a valid domestic violence incident report form
     8  as such term is defined in subdivision fifteen of section eight  hundred
     9  thirty-seven  of  the  executive  law;  (B) a valid police report; (C) a
    10  valid order of protection; or (D) a signed  affidavit  from  a  licensed

    11  medical or mental health care provider, employee of a court acting with-
    12  in  the  scope  of  his  or her employment, social worker, a rape crisis
    13  counselor as defined in section forty-five  hundred  ten  of  the  civil
    14  practice  law  and rules, or advocate acting on behalf of an agency that
    15  assists domestic violence victims. Paragraph d of this subdivision shall
    16  not apply to a purchaser canceling under this subparagraph. A claim  for
    17  termination under this subparagraph shall be made in good faith.  Termi-
    18  nation  under  this subparagraph shall require, and the provision of any
    19  of the items in (A) through (D) of this subparagraph, for  the  purposes
    20  of  this  subparagraph,  shall  be presumptive evidence of the continued
    21  existence of a substantial risk of physical or  emotional  harm  to  the
    22  purchaser  or  purchaser's  child. [Provision of any of the items in (A)

    23  through (D) of this subparagraph shall give the operator, at its option,
    24  the right to investigate and, based on the information contained in such

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04306-01-3
        A. 581                              2

     1  items, if he or she determines that the safety of  campground  users  or
     2  employees  would  be  endangered  by  allowing the purchaser that is not
     3  exercising his or her rights under this subdivision to remain authorized
     4  to  use  the  campground  facilities, the operator shall provide written

     5  notice of such determination to such purchaser which shall  inform  such
     6  purchaser  of  his  or  her  right to respond in writing to the operator
     7  within thirty days of receipt of such notice.  Upon  expiration  of  the
     8  thirty  day  period,  if  the  operator  reasonably  determines that the
     9  response from the purchaser not exercising his or her rights under  this
    10  subdivision  is insufficient, the operator may terminate the contract of
    11  such purchaser.]
    12    § 2.  This act shall take effect on the same  date  and  in  the  same
    13  manner as chapter 383 of the laws of 2012 takes effect.