Bill Text: NY S08766 | 2017-2018 | General Assembly | Amended

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Bill Title: Enacts "Harper's Law" requiring tip restraint devices on certain furniture.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S08766 Detail]

Download: New_York-2017-S08766-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         8766--A
                    IN SENATE
                                      May 15, 2018
                                       ___________
        Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Consumer  Protection  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
        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.
    24    3.  The  provisions  of  this  section  shall  not  apply to furniture
    25  purchased through an online retailer.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10340-09-8
        S. 8766--A                          2
     1    4. Any  person,  firm,  partnership,  association,  limited  liability
     2  company,  corporation,  or other entity that sells or offers to sell new
     3  furniture to a consumer at retail in violation of the provisions of this
     4  section shall be liable for a civil penalty not to exceed  five  hundred
     5  dollars for each violation.
     6    §  3.  This  act shall take effect on the ninetieth day after it shall
     7  have become a law.