Bill Text: NY A04151 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to prohibiting the sale of crib bumper pads and to restricting the use of such pads in certain settings.

Spectrum: Strong Partisan Bill (Democrat 15-1)

Status: (Engrossed - Dead) 2018-01-03 - ordered to third reading cal.314 [A04151 Detail]

Download: New_York-2017-A04151-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4151
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 1, 2017
                                       ___________
        Introduced  by  M.  of  A.  PAULIN,  DINOWITZ,  LUPARDO, SOLAGES, SIMON,
          BUCHWALD, ARROYO, McDONOUGH, SEAWRIGHT -- read once  and  referred  to
          the Committee on Consumer Affairs and Protection
        AN ACT to amend the general business law, in relation to the prohibition
          of the sale of crib bumper pads and the restriction of the use of such
          pads in certain settings
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The general business law is amended by adding a new section
     2  399-ii to read as follows:
     3    § 399-ii. Prohibit the sale of crib bumper pads and  restrict  use  of
     4  such pads in certain settings. 1. For the purposes of this section:  (a)
     5  "Crib"  shall  mean  a  bed  or containment designated to accommodate an
     6  infant.
     7    (b) "Crib bumper pads" shall mean a pad or pads resting directly above
     8  the mattress in a crib, running the surface area of the  crib  or  along
     9  the length of any of the interior sides of the crib.
    10    (c) "Distributor" shall mean any person who delivers to a person other
    11  than the purchaser, for the purpose of retail sale.
    12    (d) "Manufacturer" shall mean any person who makes and places into the
    13  stream of commerce a bumper pad as defined by this section.
    14    (e) "Retailer" shall have the same meaning as set forth in subdivision
    15  eleven of section four hundred ninety-a of this chapter.
    16    (f)  "Secondhand  dealer"  shall have the same meaning as set forth in
    17  subdivision six of section four hundred ninety-a of this chapter.
    18    (g) "Child care facility" shall mean  any  place  subject  to  section
    19  three  hundred  ninety of the social services law or article forty-seven
    20  of the New York city health code as authorized by section  five  hundred
    21  fifty-eight of the New York city charter.
    22    (h)  "Place of public accommodation" shall mean any inn, hotel, motel,
    23  motor court or other establishment that provides  lodging  to  transient
    24  guests.  Such  term  shall  not  include  an establishment treated as an
    25  apartment building for purposes of any state or local law or  regulation
    26  or  an  establishment  located  within a building that contains not more
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08332-02-7
        A. 4151                             2
     1  than five rooms for rent or hire and that  is  actually  occupied  as  a
     2  residence by the proprietor of such establishment.
     3    (i)  "Person"  shall mean a natural person, firm, corporation, limited
     4  liability company, association, or an employee or  agent  of  a  natural
     5  person or an entity included in this definition.
     6    2.  No  manufacturer,  importer,  distributor, wholesaler, retailer or
     7  secondhand dealer shall sell, lease, offer for sale, or offer for  lease
     8  in  this  state  any  crib  bumper pad as an accessory to a crib or as a
     9  separate item.
    10    3. (a) On or after the effective date of this section, no  child  care
    11  facility or place of public accommodation shall use or have on the prem-
    12  ises  any  crib bumper pads unless a medical professional has determined
    13  that use of crib bumper pads is medically  necessary  for  a  particular
    14  child using a crib in such child care facility or place of public accom-
    15  modation.
    16    (b)  The  office of children and family services, in consultation with
    17  the city of New York department of  health  and  mental  hygiene,  shall
    18  notify  child  care  facilities of the provisions of this subdivision in
    19  plain, non-technical language. Such notice shall be given to every child
    20  care facility upon the effective date of this  section  or  as  soon  as
    21  practicable  thereafter,  and  such  notice  shall also be given to each
    22  applicant for license or registration pursuant to section three  hundred
    23  ninety of the social services law.
    24    (c)  The office of children and family services shall promulgate rules
    25  and regulations to carry out the provisions of  this  subdivision,  with
    26  respect to the ban on crib bumper pads in child care facilities.
    27    4.  Whenever  there  shall  be  a violation of subdivision two of this
    28  section an application may be made by the attorney general in  the  name
    29  of  the  people  of  the  state of New York to a court or justice having
    30  jurisdiction by a special proceeding to issue an  injunction,  and  upon
    31  notice  to  the  defendant  of  not  less  than five days, to enjoin and
    32  restrain the continuance of such violations; and if it shall  appear  to
    33  the  satisfaction  of  the  court  or justice that the defendant has, in
    34  fact, violated this section, an injunction may be issued by the court or
    35  justice, enjoining  and  restraining  any  further  violations,  without
    36  requiring  proof  that  any person has, in fact, been injured or damaged
    37  thereby. In any such proceeding, the court may make  allowances  to  the
    38  attorney  general  as  provided  in  paragraph six of subdivision (a) of
    39  section eighty-three hundred three of the civil practice law and  rules,
    40  and  direct  restitution.  Whenever  the  court  shall  determine that a
    41  violation of subdivision two of this section has occurred, the court may
    42  impose a civil penalty of not more than five hundred  dollars  for  each
    43  violation.   Each sale of a crib bumper pad in violation of this section
    44  shall constitute a separate violation.   In  connection  with  any  such
    45  proposed  application,  the attorney general is authorized to take proof
    46  and make a determination of the relevant facts and to issue subpoenas in
    47  accordance with the civil practice law and rules.
    48    5. If any provision of this section or the application thereof to  any
    49  person  or  circumstance is held unconstitutional, such invalidity shall
    50  not affect other provisions or applications of this section which can be
    51  given effect without the invalid provision or application, and  to  this
    52  end the provisions of this section are severable.
    53    §  2.  This  act  shall take effect on the sixtieth day after it shall
    54  have become a law.