Bill Text: NY S04055 | 2017-2018 | General Assembly | Amended

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: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S04055 Detail]

Download: New_York-2017-S04055-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         4055--A
            Cal. No. 253
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 2, 2017
                                       ___________
        Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Consumer  Protection  --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading,  amended  and  ordered  reprinted,
          retaining its place in the order of third reading
        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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08332-04-7
        S. 4055--A                          2
     1    (h)  "Place of public accommodation" shall mean any inn, hotel, motel,
     2  motor court or other establishment that provides  lodging  to  transient
     3  guests.  Such  term  shall  not  include  an establishment treated as an
     4  apartment building for purposes of any state or local law or  regulation
     5  or  an  establishment  located  within a building that contains not more
     6  than five rooms for rent or hire and that  is  actually  occupied  as  a
     7  residence by the proprietor of such establishment.
     8    (i)  "Person"  shall mean a natural person, firm, corporation, limited
     9  liability company, association, or an employee or  agent  of  a  natural
    10  person or an entity included in this definition.
    11    2.  No  manufacturer,  importer,  distributor, wholesaler, retailer or
    12  secondhand dealer shall sell, lease, offer for sale, or offer for  lease
    13  in  this  state  any  crib  bumper pad as an accessory to a crib or as a
    14  separate item.
    15    3. (a) On or after the effective date of this section, no  child  care
    16  facility or place of public accommodation shall use or have on the prem-
    17  ises  any  crib bumper pads unless a medical professional has determined
    18  that use of crib bumper pads is medically  necessary  for  a  particular
    19  child using a crib in such child care facility or place of public accom-
    20  modation.
    21    (b)  The  office of children and family services, in consultation with
    22  the city of New York department of  health  and  mental  hygiene,  shall
    23  notify  child  care  facilities of the provisions of this subdivision in
    24  plain, non-technical language. Such notice shall be given to every child
    25  care facility upon the effective date of this  section  or  as  soon  as
    26  practicable  thereafter,  and  such  notice  shall also be given to each
    27  applicant for license or registration pursuant to section three  hundred
    28  ninety of the social services law.
    29    (c)  The office of children and family services shall promulgate rules
    30  and regulations to carry out the provisions of  this  subdivision,  with
    31  respect to the ban on crib bumper pads in child care facilities.
    32    4.  Whenever  there  shall  be  a violation of subdivision two of this
    33  section an application may be made by the attorney general in  the  name
    34  of  the  people  of  the  state of New York to a court or justice having
    35  jurisdiction by a special proceeding to issue an  injunction,  and  upon
    36  notice  to  the  defendant  of  not  less  than five days, to enjoin and
    37  restrain the continuance of such violations; and if it shall  appear  to
    38  the  satisfaction  of  the  court  or justice that the defendant has, in
    39  fact, violated this section, an injunction may be issued by the court or
    40  justice, enjoining  and  restraining  any  further  violations,  without
    41  requiring  proof  that  any person has, in fact, been injured or damaged
    42  thereby. In any such proceeding, the court may make  allowances  to  the
    43  attorney  general  as  provided  in  paragraph six of subdivision (a) of
    44  section eighty-three hundred three of the civil practice law and  rules,
    45  and  direct  restitution.  Whenever  the  court  shall  determine that a
    46  violation of subdivision two of this section has occurred, the court may
    47  impose a civil penalty of not more than five hundred  dollars  for  each
    48  violation.   Each sale of a crib bumper pad in violation of this section
    49  shall constitute a separate violation.   In  connection  with  any  such
    50  proposed  application,  the attorney general is authorized to take proof
    51  and make a determination of the relevant facts and to issue subpoenas in
    52  accordance with the civil practice law and rules.
    53    5. If any provision of this section or the application thereof to  any
    54  person  or  circumstance is held unconstitutional, such invalidity shall
    55  not affect other provisions or applications of this section which can be
        S. 4055--A                          3
     1  given effect without the invalid provision or application, and  to  this
     2  end the provisions of this section are severable.
     3    §  2.  This  act  shall take effect on the sixtieth day after it shall
     4  have become a law.