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A06193 Summary:

BILL NOA06193
 
SAME ASSAME AS S05325
 
SPONSORGonzalez-Rojas
 
COSPNSRO'Donnell, Seawright, Carroll, Rivera J, Epstein, Kelles, Jackson, Sillitti, Burdick, Bronson, Dinowitz, Weprin, Fahy, Hevesi, Cruz, Glick, Otis, Rosenthal L, Fernandez, Clark
 
MLTSPNSR
 
Add §31-a, amd §89-b, Pub Serv L; add §399-zzzzz, Gen Bus L
 
Requires utility corporations, municipalities, water-works corporations, and telephone service providers to allow customers to use their preferred name and pronouns.
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A06193 Actions:

BILL NOA06193
 
03/10/2021referred to corporations, authorities and commissions
04/26/2021reported referred to codes
05/12/2021reported
05/13/2021advanced to third reading cal.369
05/26/2021passed assembly
05/26/2021delivered to senate
05/26/2021REFERRED TO ENERGY AND TELECOMMUNICATIONS
06/09/2021SUBSTITUTED FOR S5325
06/09/20213RD READING CAL.1692
06/09/2021PASSED SENATE
06/09/2021RETURNED TO ASSEMBLY
11/16/2021delivered to governor
11/16/2021signed chap.630
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A06193 Committee Votes:

CORPORATIONS, AUTHORITIES AND COMMISSIONS Chair:Paulin DATE:04/26/2021AYE/NAY:19/7 Action: Favorable refer to committee Codes
PaulinAyeLemondesNay
CookAyeBlankenbushNay
GalefAyeFriendNay
RodriguezAyeLalorNay
QuartAyePalmesanoNay
OtisAyeAngelinoNay
RozicAyeJensenNay
KimAye
SeawrightAye
DilanAye
RichardsonAye
De La RosaAye
Pheffer AmatoAye
VanelAye
CarrollAye
NiouAye
FallAye
Jean-PierreAye
Gonzalez-RojasAye

CODES Chair:Dinowitz DATE:05/12/2021AYE/NAY:15/6 Action: Favorable
DinowitzAyeMorinelloNay
PretlowAyeGiglioNay
CookAyeMontesanoNay
CymbrowitzAyeReillyNay
O'DonnellAyeMikulinNay
LavineAyeTannousisNay
PerryAye
AbinantiAye
WeprinAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye
WalkerAye
VanelAbsent
CruzAye

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A06193 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6193
 
SPONSOR: Gonzalez-Rojas
  TITLE OF BILL: An act to amend the public service law and the general business law, in relation to requiring utility corporations, municipalities, water-works corporations, and telephone service providers to allow customers to use their preferred name and pronouns   PURPOSE: To give utility customers the right to be addressed and acknowledged by their preferred name and pronouns.   SUMMARY OF PROVISIONS: Section 1 of the bill adds a new section 31-a to the Public Service Law ("Use of preferred name and pronouns") to require utilities to provide applicants for residential service and residential customers with a convenient option to request that the utility use the customer's preferred name and/or pronouns in all written or oral communications. If the customer's preferred name differs from their current legal name, the utility may require the customer to provide reasonable proof of identi- ty, solely to verify their identity or for other purposes required by law. Utilities would be prohibited from willfully and repeatedly failing to use a customer's preferred name and/or pronouns after being informed pursuant to this new section of law. Section 2 of the bill amends section 89-b of the Public Service Law to add a new subdivision 12 that applies those same requirements to water- works corporations. Section 3 of the bill adds a new section 399-zzzzz to the General Busi- ness Law ("Use of preferred name and pronouns") that applies those same requirements to telephone service providers. Section 4 of the bill is the effective date.   JUSTIFICATION: The continued use of a person's incorrect name and pronouns is a trau- matic but all-too-common phenomenon for the more than 78,000 transgender and gender non-conforming people who reside in New York State. Those in the trans and non-binary community are often forced to navigate a litany of bureaucracies to correct their names and pronouns, a process that can feel dehumanizing. No New Yorker should have to be confronted by their deadname or incor- rect pronouns when paying their utility bills. Requiring utility compa- nies to use their customers' preferred names and pronouns upon request is one small but meaningful step in the right direction as New York seeks to become a safer state for transgender and non-binary individuals to live and work.   LEGISLATIVE HISTORY: None, new bill.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law. Effective immediately, the addition, amend- ment and/or repeal of any rule or regulation necessary for the implemen- tation of this act on its effective date are authorized to be made and completed on or before such effective date.
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A06193 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6193
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 10, 2021
                                       ___________
 
        Introduced  by  M. of A. GONZALEZ-ROJAS -- read once and referred to the
          Committee on Corporations, Authorities and Commissions
 
        AN ACT to amend the public service law and the general business law,  in
          relation  to  requiring  utility  corporations, municipalities, water-
          works corporations, and telephone service providers to allow customers
          to use their preferred name and pronouns
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The public service law is amended by adding a new section
     2  31-a to read as follows:
     3    § 31-a. Use of preferred name and pronouns. 1.  Every  utility  corpo-
     4  ration  or municipality shall provide applicants for residential service
     5  and residential customers with a convenient option to request  that  the
     6  utility  corporation  or  municipality  use  their preferred name and/or
     7  preferred pronouns in all written or  oral  communications  between  the
     8  utility  corporation  or  municipality and the applicant or customer, as
     9  well as all statements or documentation relating to a  customer's  resi-
    10  dential  service,  regardless  of  whether  such applicant or customer's
    11  preferred name differs from their current legal name.
    12    2. If an applicant or customer's preferred  name  differs  from  their
    13  current  legal  name,  a utility corporation or municipality may require
    14  such applicant or customer to provide reasonable proof of identity using
    15  their legal name, provided that such information shall be used solely to
    16  verify the applicant  or  customer's  identity  or  for  other  purposes
    17  required by law.
    18    3. No utility corporation or municipality shall:
    19    (a)  willfully  and  repeatedly fail to use an applicant or customer's
    20  preferred name and/or preferred pronouns after being clearly informed of
    21  the preferred name and/or preferred pronouns pursuant to subdivision one
    22  of this section; or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04805-01-1

        A. 6193                             2
 
     1    (b) require an applicant or customer to specify  their  sexual  orien-
     2  tation  or gender identity or expression in order to use their preferred
     3  name and/or preferred pronouns.
     4    § 2. Section 89-b of the public service law is amended by adding a new
     5  subdivision 12 to read as follows:
     6    12.  (a)  Every water-works corporation shall provide customers with a
     7  convenient option to request that the water-works corporation use  their
     8  preferred name and/or preferred pronouns in all written or oral communi-
     9  cations between the water-works corporation and the customer, as well as
    10  all  statements or documentation relating to a customer's water service,
    11  regardless of whether such customer's preferred name differs from  their
    12  current legal name.
    13    (b)  If  a  customer's preferred name differs from their current legal
    14  name, a water-works corporation may require  such  customer  to  provide
    15  reasonable  proof of identity using their legal name, provided that such
    16  information shall be used solely to verify the  customer's  identity  or
    17  for other purposes required by law.
    18    (c) No water-works corporation shall:
    19    (i)  willfully  and repeatedly fail to use a customer's preferred name
    20  and/or preferred pronouns after being clearly informed of the  preferred
    21  name  and/or preferred pronouns pursuant to paragraph (a) of this subdi-
    22  vision; or
    23    (ii) require a customer to specify their sexual orientation or  gender
    24  identity  or  expression  in  order  to  use their preferred name and/or
    25  preferred pronouns.
    26    § 3. The general business law is amended by adding a new section  399-
    27  zzzzz to read as follows:
    28    §  399-zzzzz.  Use of preferred name and pronouns. 1. For the purposes
    29  of this section, "telephone service provider"  means  any  company  that
    30  provides  voice  service utilizing any technology, regardless of whether
    31  such provider is regulated pursuant to the public service law.
    32    2. Every telephone service provider shall  provide  customers  with  a
    33  convenient  option  to  request  that the telephone service provider use
    34  their preferred name and/or preferred pronouns in all  written  or  oral
    35  communications  between the telephone service provider and the customer,
    36  as well as all statements or  documentation  relating  to  a  customer's
    37  telephone  service, regardless of whether such customer's preferred name
    38  differs from their current legal name.
    39    3. If a customer's preferred name differs  from  their  current  legal
    40  name,  a telephone service provider may require such customer to provide
    41  reasonable proof of identity using their legal name, provided that  such
    42  information  shall  be  used solely to verify the customer's identity or
    43  for other purposes required by law.
    44    4. No telephone service provider shall:
    45    (a) willfully and repeatedly fail to use a customer's  preferred  name
    46  and/or  preferred pronouns after being clearly informed of the preferred
    47  name and/or preferred pronouns  pursuant  to  subdivision  two  of  this
    48  section; or
    49    (b)  require  a customer to specify their sexual orientation or gender
    50  identity or expression in order  to  use  their  preferred  name  and/or
    51  preferred pronouns.
    52    §  4.  This  act shall take effect on the thirtieth day after it shall
    53  have become a law.    Effective  immediately,  the  addition,  amendment
    54  and/or repeal of any rule or regulation necessary for the implementation
    55  of  this  act  on  its  effective  date  are  authorized  to be made and
    56  completed on or before such effective date.
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