A00217 Summary:

BILL NOA00217A
 
SAME ASSAME AS S03788-A
 
SPONSORPaulin
 
COSPNSRDinowitz, Lupardo, Solages, Simon, Buchwald, Arroyo, McDonough, Seawright, Weprin, Otis, Galef, Colton, Jean-Pierre, D'Urso, Thiele, Griffin, Mosley
 
MLTSPNSR
 
Add 399-ii, Gen Bus L
 
Relates to prohibiting the sale of crib bumper pads and to restricting the use of such pads in certain settings.
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A00217 Actions:

BILL NOA00217A
 
01/09/2019referred to consumer affairs and protection
02/05/2019reported referred to codes
02/11/2019reported
02/21/2019advanced to third reading cal.44
05/15/2019amended on third reading 217a
06/03/2019substituted by s3788a
 S03788 AMEND=A CARLUCCI
 02/14/2019REFERRED TO CONSUMER PROTECTION
 05/16/2019AMEND AND RECOMMIT TO CONSUMER PROTECTION
 05/16/2019PRINT NUMBER 3788A
 05/21/2019REPORTED AND COMMITTED TO RULES
 05/21/2019ORDERED TO THIRD READING CAL.817
 05/22/2019PASSED SENATE
 05/22/2019DELIVERED TO ASSEMBLY
 05/22/2019referred to codes
 06/03/2019substituted for a217a
 06/03/2019ordered to third reading cal.44
 06/03/2019passed assembly
 06/03/2019returned to senate
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A00217 Committee Votes:

CONSUMER AFFAIRS AND PROTECTION Chair:DenDekker DATE:02/05/2019AYE/NAY:15/0 Action: Favorable refer to committee Codes
DenDekkerAyeMikulinAye
AbbateAyeMcDonoughAye
QuartAyeMillerAye
BuchwaldAyePalumboExcused
SimonAye
DilanAye
SeawrightAye
RozicAye
NiouAye
Pheffer AmatoAye
WilliamsAye
FallAye

CODES Chair:Lentol DATE:02/11/2019AYE/NAY:21/1 Action: Favorable
LentolAyeRaAye
SchimmingerAyeGiglioAye
PretlowAyeMontesanoNay
CookAyeMorinelloAye
CymbrowitzAyePalumboAye
O'DonnellAyeGarbarinoAye
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye

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A00217 Floor Votes:

There are no votes for this bill in this legislative session.
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A00217 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         217--A
                                                                 Cal. No. 44
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  PAULIN,  DINOWITZ,  LUPARDO, SOLAGES, SIMON,
          BUCHWALD, ARROYO, McDONOUGH, SEAWRIGHT, WEPRIN, OTIS,  GALEF,  COLTON,
          JEAN-PIERRE,  D'URSO, THIELE, GRIFFIN -- read once and referred to the
          Committee on Consumer Affairs and Protection -- reported and  referred
          to  the  Committee  on Codes -- reported from committee, advanced to a
          third reading, amended and ordered reprinted, retaining its  place  on
          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 of a non-mesh material
     8  resting directly above the mattress in a crib, running the surface  area
     9  of  the  crib  or  along  the length of any of the interior sides of the
    10  crib. "Crib bumper pad" does not include mesh liners.
    11    (c) "Distributor" shall mean any person who delivers to a person other
    12  than the purchaser, for the purpose of retail sale.
    13    (d) "Manufacturer" shall mean any person who makes and places into the
    14  stream of commerce a bumper pad as defined by this section.
    15    (e) "Retailer" shall have the same meaning as set forth in subdivision
    16  eleven of section four hundred ninety-a of this chapter.
    17    (f) "Secondhand dealer" shall have the same meaning as  set  forth  in
    18  subdivision six of section four hundred ninety-a of this chapter.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00621-04-9

        A. 217--A                           2
 
     1    (g)  "Child  care  facility" shall mean any child day care provider as
     2  defined in section three hundred ninety of the social  services  law  or
     3  child  care  program  as  defined in article forty-seven of the New York
     4  city health code as authorized by section five  hundred  fifty-eight  of
     5  the New York city charter.
     6    (h)  "Place of public accommodation" shall mean any inn, hotel, motel,
     7  motor court or other establishment that provides  lodging  to  transient
     8  guests.  Such  term  shall  not  include  an establishment treated as an
     9  apartment building for purposes of any state or local law or  regulation
    10  or  an  establishment  located  within a building that contains not more
    11  than five rooms for rent or hire and that  is  actually  occupied  as  a
    12  residence by the proprietor of such establishment.
    13    (i)  "Person"  shall mean a natural person, firm, corporation, limited
    14  liability company, association, or an employee or  agent  of  a  natural
    15  person or an entity included in this definition.
    16    2.  No  manufacturer,  importer,  distributor, wholesaler, retailer or
    17  secondhand dealer shall sell, lease, offer for sale, or offer for  lease
    18  in  this  state  any  crib  bumper pad as an accessory to a crib or as a
    19  separate item.
    20    3. (a) On or after the effective date of this section, no  child  care
    21  facility or place of public accommodation shall use or have on the prem-
    22  ises  any  crib bumper pads unless a medical professional has determined
    23  that use of crib bumper pads is medically  necessary  for  a  particular
    24  child using a crib in such child care facility or place of public accom-
    25  modation.
    26    (b)  The  office of children and family services, in consultation with
    27  the city of New York department of  health  and  mental  hygiene,  shall
    28  notify  child  care  facilities of the provisions of this subdivision in
    29  plain, non-technical language. Such notice shall be given to every child
    30  care facility upon the effective date of this  section  or  as  soon  as
    31  practicable  thereafter,  and  such  notice  shall also be given to each
    32  applicant for license or registration pursuant to section three  hundred
    33  ninety of the social services law.
    34    (c)  The office of children and family services shall promulgate rules
    35  and regulations to carry out the provisions of  this  subdivision,  with
    36  respect to the ban on crib bumper pads in child care facilities.
    37    4.  Whenever  there  shall  be  a violation of subdivision two of this
    38  section an application may be made by the attorney general in  the  name
    39  of  the  people  of  the  state of New York to a court or justice having
    40  jurisdiction by a special proceeding to issue an  injunction,  and  upon
    41  notice  to  the  defendant  of  not  less  than five days, to enjoin and
    42  restrain the continuance of such violations; and if it shall  appear  to
    43  the  satisfaction  of  the  court  or justice that the defendant has, in
    44  fact, violated this section, an injunction may be issued by the court or
    45  justice, enjoining  and  restraining  any  further  violations,  without
    46  requiring  proof  that  any person has, in fact, been injured or damaged
    47  thereby. In any such proceeding, the court may make  allowances  to  the
    48  attorney  general  as  provided  in  paragraph six of subdivision (a) of
    49  section eighty-three hundred three of the civil practice law and  rules,
    50  and  direct  restitution.  Whenever  the  court  shall  determine that a
    51  violation of subdivision two of this section has occurred, the court may
    52  impose a civil penalty of not more than five hundred  dollars  for  each
    53  violation.   Each sale of a crib bumper pad in violation of this section
    54  shall constitute a separate violation.   In  connection  with  any  such
    55  proposed  application,  the attorney general is authorized to take proof

        A. 217--A                           3
 
     1  and make a determination of the relevant facts and to issue subpoenas in
     2  accordance with the civil practice law and rules.
     3    5.  If any provision of this section or the application thereof to any
     4  person or circumstance is held unconstitutional, such  invalidity  shall
     5  not affect other provisions or applications of this section which can be
     6  given  effect  without the invalid provision or application, and to this
     7  end the provisions of this section are severable.
     8    § 2. This act shall take effect on the sixtieth  day  after  it  shall
     9  have become a law.
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