Bill Text: NY A04421 | 2019-2020 | General Assembly | Introduced

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

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Bill Title: Enacts "Harper's Law" which will require that retailers who sell certain new furniture offer for sale compatible tip restraint devices and post a notice informing consumers of the risk of furniture tipping.

Spectrum: Moderate Partisan Bill (Democrat 17-2)

Status: (Passed) 2019-08-13 - signed chap.163 [A04421 Detail]

Download: New_York-2019-A04421-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4421
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
                                       ___________
        Introduced   by   M.  of  A.  ZEBROWSKI,  ENGLEBRIGHT,  SIMON,  DICKENS,
          DE LA ROSA, JAFFEE, CRESPO, GUNTHER, McDONOUGH --  Multi-Sponsored  by
          -- M. of A. BUCHWALD, GALEF -- read once and referred to the Committee
          on Consumer Affairs and Protection
        AN  ACT  to  amend  the  general  business  law, in relation to enacting
          "Harper's Law" requiring tip restraint devices on certain furniture
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may be cited as "Harper's Law".
     2    §  2. The general business law is amended by adding a new section 399-
     3  ii to read as follows:
     4    § 399-ii. Furniture tip restraint device. 1. As used in this section:
     5    (a) "furniture" shall mean a clothing storage unit that is  freestand-
     6  ing  and  over twenty-five inches in height including but not limited to
     7  chests, dressers, armoires, and bureaus; and
     8    (b) "tip restraint device" shall mean a mechanism that is designed  to
     9  reduce  the  risk  of furniture tipping over. Such mechanism may include
    10  straps, wall brackets, steel cables, or plug and screw sets.
    11    2. No person, firm, partnership, association, limited liability compa-
    12  ny, corporation, or other entity shall sell or offer to sell new  furni-
    13  ture  to a consumer at retail unless the retailer (a) maintains in stock
    14  and prominently displays within the store tip restraint  devices  avail-
    15  able  for  sale that are compatible with such furniture; and (b) posts a
    16  notice, in a conspicuous location which may be easily seen or reached by
    17  customers, that, in  legible  format,  states:  "Certain  furniture  may
    18  become  unstable  and tip over, leading to possible injury or death. Tip
    19  restraint  devices  may  prevent  tipping  of  furniture  when  properly
    20  installed."    A retailer shall not be required to maintain in stock and
    21  prominently display tip restraint devices pursuant to this  section  for
    22  furniture  that  is  offered  for  sale  with a compatible tip restraint
    23  device as part of the purchase.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05559-01-9
        A. 4421                             2
     1    3. The provisions  of  this  section  shall  not  apply  to  furniture
     2  purchased through an online retailer.
     3    4.  Any  person,  firm,  partnership,  association,  limited liability
     4  company, corporation, or other entity that sells or offers to  sell  new
     5  furniture to a consumer at retail in violation of the provisions of this
     6  section  shall  be liable for a civil penalty not to exceed five hundred
     7  dollars for each violation.
     8    § 3. This act shall take effect on the ninetieth day  after  it  shall
     9  have become a law.