NY State Senate Bill 2021-S997

Senate Bill S997

Signed By Governor

2021-2022 Legislative Session

Prohibits contracts for the purchase or lease of consumer goods from restricting venue in an action relating to such contract

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Archive: Last Bill Status Via A2505 - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 03, 2021	signed chap.556
Oct 22, 2021	delivered to governor
Jun 10, 2021	returned to assembly passed senate 3rd reading cal.838 substituted for s997
Jun 10, 2021	substituted by a2505
May 03, 2021	advanced to third reading
Apr 28, 2021	2nd report cal.
Apr 27, 2021	1st report cal.838
Jan 06, 2021	referred to judiciary

Votes

- Jun 10, 2021 - Floor Vote
  A2505
  
  47
  
  Aye
  
  16
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 10, 2021
      
      aye (47)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Weik
      
      nay (16)
      
      Akshar
      
      Borrello
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Mattera
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
  Apr 27, 2021 - Judiciary Committee Vote
  S997
  
  11
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: Apr 27, 2021
      
      aye (11)
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Gounardes
      
      Hoylman-Sigal
      
      Kaplan
      
      Lanza
      
      Myrie
      
      Skoufis
      
      Thomas
      
      aye wr (4)
      
      O'Mara
      
      Oberacker
      
      Palumbo
      
      Stavisky

co-Sponsors

2021-S997 (ACTIVE) - Details

See Assembly Version of this Bill:: A2505
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §501, add §514, CPLR
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7954, A9995
2017-2018: S1533, A1328
2019-2020: S429, A5607

2021-S997 (ACTIVE) - Summary

Prohibits contracts for the purchase or lease of consumer goods from restricting venue in an action relating to such contract.

2021-S997 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S997

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to claims
relating to consumer goods

 
PURPOSE OF BILL:

This bill would proscribe venue limitations in contracts relating to the
adjudication or arbitration of disputes concerning consumer goods.

 
SUMMARY OF PROVISIONS OF BILL:

This bill defines consumer goods in the same manner as exists in current
law, e.g. General Business Law, § 399-C, and states that contracts
purporting to limit or set venue for the adjudication or arbitration of
disputes concerning same are deemed void.

JUSTIFICATION:

All too often, consumers who seek judicial or arbitral relief concerning
contracts involving consumer goods are limited by contractual boilerp-
late which purports to set venue in far flung locations which are incon-
venient or impossible for consumers to attend. E.g. Karlsberg v. Hunter
Mtn. Ski Bowl, Inc., 131 AD 3d 1121 (2nd Dept 2015). While parties to
arms-length transactions should be free to fashion venue requirements to
their satisfaction, the inequities involved in consumer transactions
warrant a legislative determination that boilerplate clauses which
create hardship to consumers should not be enforced.

 
PRIOR LEGISLATIVE HISTORY:

S.0429-A of 2019-2020 (Hoylman): Advanced to Third Reading

A.5607-A of 2019-2020 (Weinstein): Advanced to Third Reading

S.1533 of 2017-2018 (Avella): Died in Judiciary

A.1328 of 2017-2018 (Weinstein): Advanced to Third Reading

S.7954 of 2016 (Avella): Died in Judiciary

A.9995 of 2016 (Weinstein): Passed Assembly

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S997 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    997
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. HOYLMAN, BIAGGI -- read twice and ordered printed,
   and when printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to  claims
   relating to consumer goods

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 501 of the civil practice law and rules, as amended
 by chapter 532 of the laws of 1963, is amended to read as follows:
   § 501. Contractual provisions fixing venue. Subject to the  provisions
 of  subdivision  two  of section [510] FIVE HUNDRED TEN AND SECTION FIVE
 HUNDRED FOURTEEN OF THIS ARTICLE,  written  agreement  fixing  place  of
 trial,  made  before  an  action  is commenced, shall be enforced upon a
 motion for change of place of trial.
   § 2. The civil practice law and rules  is  amended  by  adding  a  new
 section 514 to read as follows:
   § 514. ACTIONS RELATING TO CONSUMER GOODS. 1. FOR THE PURPOSES OF THIS
 SECTION,  "CONSUMER  GOODS" SHALL MEAN GOODS, WARES, PAID MERCHANDISE OR
 SERVICES PURCHASED OR PAID FOR BY A CONSUMER, THE INTENDED USE OR  BENE-
 FIT  OF WHICH IS INTENDED FOR THE PERSONAL, FAMILY OR HOUSEHOLD PURPOSES
 OF SUCH CONSUMER.
   2. IN ANY CONTRACT INVOLVING THE SALE, LEASE OR OTHERWISE PROVIDING OF
 CONSUMER GOODS, ANY PORTION OF THE CONTRACT OR ANY CLAUSE WHICH PURPORTS
 TO DESIGNATE, RESTRICT, OR LIMIT THE VENUE IN WHICH  A  CLAIM  SHALL  BE
 ADJUDICATED OR ARBITRATED SHALL BE DEEMED VOID AS AGAINST PUBLIC POLICY.
 NOTHING  IN  THIS  SECTION SHALL BE DEEMED TO AFFECT THE VALIDITY OF ANY
 OTHER ASPECT OF A CONTRACT.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a  law,  and  shall  apply  to all actions and arbitration
 proceedings which have not been commenced prior to such effective date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00006-01-1

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Senate Bill S997

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Sponsored By

Brad Hoylman-Sigal