|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 05, 2022||referred to judiciary|
|Jan 06, 2021||referred to judiciary|
senate Bill S144
Current Bill Status - In Senate Committee Judiciary Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S144 (ACTIVE) - Details
S144 (ACTIVE) - Sponsor Memo
BILL NUMBER: S144 SPONSOR: THOMAS TITLE OF BILL: An act to amend the general obligations law, in relation to the validity of mandatory arbitration clauses on tickets issued by a common carrier PURPOSE OR GENERAL IDEA OF BILL: To prohibit mandatory arbitration clauses on travel tickets. SUMMARY OF PROVISIONS: Section 1: Amends the general obligation law to prohibit tickets for common carriers from containing a mandatory arbitration clause for claims or disputes alleging negligence of the common carrier or their agents. Any such clause is void as against public policy and unenforcea- ble. Mandatory arbitration clause is defined as a term or provision requiring
S144 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 144 2021-2022 Regular Sessions I N S E N A T E (PREFILED) January 6, 2021 ___________ Introduced by Sen. THOMAS -- 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 the validity of mandatory arbitration clauses on tickets issued by a common carrier 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 5-338 to read as follows: § 5-338. VALIDITY OF CERTAIN CONTRACTS PRINTED ON TICKETS. 1. NO COVENANT, AGREEMENT OR UNDERSTANDING IN OR IN CONNECTION WITH, OR COLLA- TERAL TO, ANY CONTRACT, TICKET OR SIMILAR WRITING, ENTERED INTO BETWEEN THE OWNER OR OPERATOR OF A COMMON CARRIER OR A COMMON CARRIER OF PASSEN- GERS BY MOTOR VEHICLE IN THIS STATE, AND A PASSENGER OF SUCH COMMON CARRIER, SHALL CONTAIN A MANDATORY ARBITRATION CLAUSE FOR CLAIMS OR DISPUTES ALLEGING NEGLIGENCE OF THE OWNER, OPERATOR OR PERSON IN CHARGE OF SUCH COMMON CARRIER, OR THEIR AGENTS, SERVANTS OR EMPLOYEES. ANY SUCH MANDATORY ARBITRATION CLAUSE SHALL BE DEEMED TO BE VOID AS AGAINST PUBLIC POLICY AND WHOLLY UNENFORCEABLE; PROVIDED THAT ANY SUCH ARBI- TRATION CLAUSE SHALL BE CONSIDERED SEVERABLE, AND ALL OTHER PROVISIONS OF THE CONTRACT SHALL REMAIN IN EFFECT AND GIVEN FULL FORCE. 2. THE TERM "MANDATORY ARBITRATION CLAUSE" SHALL MEAN A TERM OR PROVISION WHICH REQUIRES THE PARTIES TO SUCH CONTRACT TO SUBMIT ANY CONTROVERSY THEREAFTER ARISING UNDER SUCH CONTRACT TO ARBITRATION PRIOR TO THE COMMENCEMENT OF ANY LEGAL ACTION TO ENFORCE THE PROVISIONS OF SUCH CONTRACT AND WHICH ALSO FURTHER PROVIDES LANGUAGE TO THE EFFECT THAT THE DECISION OF THE ARBITRATOR OR PANEL OF ARBITRATORS IN ITS APPLICATION TO THE CONSUMER PARTY SHALL BE FINAL AND NOT SUBJECT TO COURT REVIEW. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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