Assembly Actions -
Senate Actions - UPPERCASE
|Apr 19, 2023||
referred to judiciary
Senate Bill S6437
2023-2024 Legislative Session
Current Bill Status - In Senate Committee Judiciary Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2023-S6437 (ACTIVE) - Details
2023-S6437 (ACTIVE) - Summary
Provides that an electronic marketplace provider shall be deemed to be a retailer for purposes of New York strict liability law and shall be strictly liable for all damages caused by defective products placed into the stream of commerce to the same extent that a retailer of that defective product would be liable.
2023-S6437 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6437 SPONSOR: HOYLMAN-SIGAL TITLE OF BILL: An act to amend the general obligations law, in relation to the liabil- ity of electronic marketplaces for compensation for damages for defec- tive goods SUMMARY OF PROVISIONS: Section 1 adds a new section 11-108 to the general obligations law in which: 1) Defines the following terms: a. Electronic marketplace provider b. Handmade c. Marketplace seller d. Product
2023-S6437 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6437 2023-2024 Regular Sessions I N S E N A T E April 19, 2023 ___________ Introduced by Sen. HOYLMAN-SIGAL -- 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 liabil- ity of electronic marketplaces for compensation for damages for defec- tive goods 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 11-108 to read as follows: § 11-108. LIABILITY OF ELECTRONIC MARKETPLACES FOR COMPENSATION FOR DAMAGES FOR DEFECTIVE GOODS. 1. AS USED IN THIS SECTION: (A) "ELECTRONIC MARKETPLACE PROVIDER" MEANS A PERSON WHO, PURSUANT TO AN AGREEMENT WITH A MARKETPLACE SELLER, SELLS OR FACILITATES SALES OF TANGIBLE PERSONAL PROPERTY BY SUCH MARKETPLACE SELLER OR SELLERS VIA AN INTERNET WEBSITE, ONLINE CATALOG, MOBILE APPLICATION, OR SIMILAR FORUM. "ELECTRONIC MARKETPLACE PROVIDER" INCLUDES ANY SUBSIDIARIES OR RELATED PARTY COMPANIES. A PERSON "FACILITATES SALES OF TANGIBLE PERSONAL PROP- ERTY" FOR PURPOSES OF THIS PARAGRAPH WHEN THE PERSON MEETS BOTH THE FOLLOWING CONDITIONS: (I) SUCH PERSON PROVIDES THE FORUM IN WHICH, OR BY MEANS OF WHICH, THE SALE TAKES PLACE OR THE OFFER OF SALE IS ACCEPTED, INCLUDING AN INTERNET SHOP, STORE, BOOTH, APPLICATION, WEBSITE, CATALOG, OR SIMILAR FORUM; AND (II) SUCH PERSON OR AN AFFILIATE OF SUCH PERSON COLLECTS THE RECEIPTS PAID BY A CUSTOMER TO A MARKETPLACE SELLER FOR A SALE OF TANGIBLE PERSONAL PROPERTY, OR CONTRACTS WITH A THIRD PARTY TO COLLECT SUCH RECEIPTS. (B) "HANDMADE" MEANS A PRODUCT THAT CONFORMS TO ALL APPLICABLE STATE AND FEDERAL CONSUMER HEALTH AND SAFETY LAWS AND IS MADE BY THE MARKET- PLACE SELLER IN THE PRIMARY RESIDENCE OF THE MARKETPLACE SELLER, SO LONG AS THE MARKETPLACE SELLER'S SALES OF HANDMADE PRODUCTS GENERATE LESS THAN FIFTY THOUSAND DOLLARS PER YEAR IN REVENUES. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10447-01-3
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