Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 03, 2019 |
recommit, enacting clause stricken |
Feb 05, 2019 |
referred to judiciary |
Senate Bill S3349
2019-2020 Legislative Session
Sponsored By
(D, WF) 47th Senate District
Archive: Last Bill Status - Stricken
- 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
Actions
2019-S3349 (ACTIVE) - Details
2019-S3349 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3349 SPONSOR: HOYLMAN TITLE OF BILL: An act to amend the general obligations law, in relation to requiring contractees to waive their rights relating to the making of certain statements about contractors PURPOSE OR GENERAL IDEA OF BILL: This bill would prohibit a contract or proposed contract for the sale or lease of consumer goods or services from including a provision waiving the consumer's right to make any statement regarding the seller or lessor or its employees or agents, or concerning the good or services. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the general obligations law by adding a new section 5-336 that prohibits a contract or proposed contract for the sale or lease of consumer goods or services from including a provision waiving
2019-S3349 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3349 2019-2020 Regular Sessions I N S E N A T E February 5, 2019 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the general obligations law, in relation to requiring contractees to waive their rights relating to the making of certain statements about contractors THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general obligations law is amended by adding a new section 5-337 to read as follows: § 5-337. AGREEMENTS REQUIRING CONTRACTEES TO WAIVE THEIR RIGHTS IN RELATION TO EXPRESSING CERTAIN OPINIONS ABOUT CONTRACTORS VOID AND UNEN- FORCEABLE. 1. (A) A CONTRACT OR PROPOSED CONTRACT FOR THE SALE OR LEASE OF CONSUMER GOODS OR SERVICES MAY NOT INCLUDE A PROVISION WAIVING THE CONSUMER'S RIGHT TO MAKE ANY STATEMENT REGARDING THE SELLER OR LESSOR OR ITS EMPLOYEES OR AGENTS, OR CONCERNING THE GOODS OR SERVICES. (B) IT SHALL BE UNLAWFUL TO THREATEN OR TO SEEK TO ENFORCE A PROVISION MADE UNLAWFUL UNDER THIS SECTION, OR TO OTHERWISE PENALIZE A CONSUMER FOR MAKING ANY STATEMENT PROTECTED UNDER THIS SECTION. 2. ANY WAIVER OF THE PROVISIONS OF THIS SECTION IS CONTRARY TO PUBLIC POLICY, AND IS VOID AND UNENFORCEABLE. 3. ANY PERSON OR ENTITY THAT VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS FOR THE FIRST VIOLATION, AND FIVE THOUSAND DOLLARS FOR THE SECOND AND FOR EACH SUBSEQUENT VIOLATION, TO BE ASSESSED AND COLLECTED IN A CIVIL ACTION BROUGHT BY THE CONSUMER OR BY THE ATTORNEY GENERAL. IN ADDITION, FOR A WILLFUL OR INTENTIONAL VIOLATION OF THIS SECTION, A CONSUMER OR THE ATTORNEY GENERAL MAY RECOVER A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS. UNDER THIS SECTION, WHEN THE CIVIL ACTION IS BROUGHT BY THE CONSUMER, THE CIVIL PENALTY SHALL BE PAYABLE TO THE CONSUMER AND WHEN THE CIVIL ACTION IS BROUGHT BY THE ATTORNEY GENERAL, SUCH CIVIL PENALTY SHALL BE PAYABLE TO THE STATE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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