Senate Bill S4841

2015-2016 Legislative Session

Requires written consent for arbitration of controversies relating to contracts with persons in military service

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Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to veterans, homeland security and military affairs
Apr 21, 2015	referred to veterans, homeland security and military affairs

2015-S4841 (ACTIVE) - Details

Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Military Law
Laws Affected:: Add §320, Mil L

2015-S4841 (ACTIVE) - Summary

Requires written consent for arbitration of controversies relating to contracts with persons in military service.

2015-S4841 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4841

TITLE OF BILL:

An act to amend the military law, in relation to requiring written
consent for arbitration of controversies relating to contracts with
persons in military service

PURPOSE:

To require that any contract with a person in the military services
which contains an arbitration clause must provide for prior written
consent from all parties to submit to arbitration for the resolution
of a dispute.

SUMMARY OF PROVISIONS:

Section One creates a new section 320 of the military law to provide
that the prior written consent of all parties to submit to arbitration
to resolve a controversy is required in any contract which is subject
to the New York State Soldiers' And Sailors' Civil Relief Act or the
federal Servicemembers Civil Relief Act, with a person in military
service, or with a person in military service and such person's
spouse, jointly.

Section two sets the effective date.

JUSTIFICATION:

The New York State Soldiers' And Sailors' Civil Relief Act and the
federal Servicemembers Civil Relief Act provide certain protections
for military personnel, in light of their special circumstances. For
example, a lender may not summarily seize a leased or financed vehicle
from a service member without a court order.  Unfortunately these
state and federal laws are routinely ignored with minimal consequence.
Some lenders have implemented mechanisms designed to deter challenging
their illegal actions by incorporating mandatory arbitration clauses
in their contracts, which prevent a service member from seeking
appropriate redress in the courts, as intended by state and federal
laws. This bill would prevent the enforcement. of unilateral mandatory
arbitration clauses and require actual consent from the service member
to submit a dispute to arbitration.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act would take effect immediately.

2015-S4841 (ACTIVE) - Bill Text download pdf

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

                                  4841

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 21, 2015
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the military  law,  in  relation  to  requiring  written
  consent  for  arbitration  of controversies relating to contracts with
  persons in military service

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

  Section  1. The military law is amended by adding a new section 320 to
read as follows:
  S 320. WRITTEN CONSENT REQUIRED FOR ARBITRATION.  NOTWITHSTANDING  ANY
OTHER  PROVISION  OF  LAW, WHENEVER A CONTRACT WITH A PERSON IN MILITARY
SERVICE, AS DEFINED IN SECTION THREE HUNDRED ONE OF THIS ARTICLE,  OR  A
PERSON  IN  MILITARY  SERVICE AND SUCH PERSON'S SPOUSE JOINTLY, PROVIDES
FOR THE USE OF  ARBITRATION  TO  RESOLVE  A  CONTROVERSY  SUBJECT  TO  A
PROVISION OF THIS ARTICLE OR THE FEDERAL SERVICEMEMBERS CIVIL RELIEF ACT
AND ARISING OUT OF OR RELATING TO SUCH CONTRACT, ARBITRATION MAY BE USED
TO  SETTLE  SUCH CONTROVERSY ONLY IF, AFTER SUCH CONTROVERSY ARISES, ALL
PARTIES TO SUCH CONTROVERSY CONSENT IN WRITING  TO  USE  ARBITRATION  TO
SETTLE SUCH CONTROVERSY.
  S  2.  This  act  shall  take  effect  immediately  and shall apply to
contracts entered into, amended, altered, modified, renewed, or extended
after such effective date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10046-02-5

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Senate Bill S4841

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Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

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2015-S4841 (ACTIVE) - Details

2015-S4841 (ACTIVE) - Summary

2015-S4841 (ACTIVE) - Sponsor Memo

2015-S4841 (ACTIVE) - Bill Text download pdf

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Sponsored By

Jack M. Martins

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Actions

2015-S4841 (ACTIVE) - Details

2015-S4841 (ACTIVE) - Summary

2015-S4841 (ACTIVE) - Sponsor Memo

2015-S4841 (ACTIVE) - Bill Text download pdf

Comments