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S03788 Summary:

S03788 Actions:

S03788 Committee Votes:

S03788 Floor Votes:

S03788 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3788--A
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    February 14, 2019
                                       ___________
 
        Introduced  by Sens. CARLUCCI, BIAGGI, MARTINEZ, SEPULVEDA -- 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 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.
    19    (g)  "Child  care  facility" shall mean any child day care provider as
    20  defined in section three hundred ninety of the social  services  law  or
    21  child  care  program  as  defined in article forty-seven of the New York
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00621-05-9
        S. 3788--A                          2
 
     1  city health code as authorized by section five  hundred  fifty-eight  of
     2  the New York city charter.
     3    (h)  "Place of public accommodation" shall mean any inn, hotel, motel,
     4  motor court or other establishment that provides  lodging  to  transient
     5  guests.  Such  term  shall  not  include  an establishment treated as an
     6  apartment building for purposes of any state or local law or  regulation
     7  or  an  establishment  located  within a building that contains not more
     8  than five rooms for rent or hire and that  is  actually  occupied  as  a
     9  residence by the proprietor of such establishment.
    10    (i)  "Person"  shall mean a natural person, firm, corporation, limited
    11  liability company, association, or an employee or  agent  of  a  natural
    12  person or an entity included in this definition.
    13    2.  No  manufacturer,  importer,  distributor, wholesaler, retailer or
    14  secondhand dealer shall sell, lease, offer for sale, or offer for  lease
    15  in  this  state  any  crib  bumper pad as an accessory to a crib or as a
    16  separate item.
    17    3. (a) On or after the effective date of this section, no  child  care
    18  facility or place of public accommodation shall use or have on the prem-
    19  ises  any  crib bumper pads unless a medical professional has determined
    20  that use of crib bumper pads is medically  necessary  for  a  particular
    21  child using a crib in such child care facility or place of public accom-
    22  modation.
    23    (b)  The  office of children and family services, in consultation with
    24  the city of New York department of  health  and  mental  hygiene,  shall
    25  notify  child  care  facilities of the provisions of this subdivision in
    26  plain, non-technical language. Such notice shall be given to every child
    27  care facility upon the effective date of this  section  or  as  soon  as
    28  practicable  thereafter,  and  such  notice  shall also be given to each
    29  applicant for license or registration pursuant to section three  hundred
    30  ninety of the social services law.
    31    (c)  The office of children and family services shall promulgate rules
    32  and regulations to carry out the provisions of  this  subdivision,  with
    33  respect to the ban on crib bumper pads in child care facilities.
    34    4.  Whenever  there  shall  be  a violation of subdivision two of this
    35  section an application may be made by the attorney general in  the  name
    36  of  the  people  of  the  state of New York to a court or justice having
    37  jurisdiction by a special proceeding to issue an  injunction,  and  upon
    38  notice  to  the  defendant  of  not  less  than five days, to enjoin and
    39  restrain the continuance of such violations; and if it shall  appear  to
    40  the  satisfaction  of  the  court  or justice that the defendant has, in
    41  fact, violated this section, an injunction may be issued by the court or
    42  justice, enjoining  and  restraining  any  further  violations,  without
    43  requiring  proof  that  any person has, in fact, been injured or damaged
    44  thereby. In any such proceeding, the court may make  allowances  to  the
    45  attorney  general  as  provided  in  paragraph six of subdivision (a) of
    46  section eighty-three hundred three of the civil practice law and  rules,
    47  and  direct  restitution.  Whenever  the  court  shall  determine that a
    48  violation of subdivision two of this section has occurred, the court may
    49  impose a civil penalty of not more than five hundred  dollars  for  each
    50  violation.   Each sale of a crib bumper pad in violation of this section
    51  shall constitute a separate violation.   In  connection  with  any  such
    52  proposed  application,  the attorney general is authorized to take proof
    53  and make a determination of the relevant facts and to issue subpoenas in
    54  accordance with the civil practice law and rules.
    55    5. If any provision of this section or the application thereof to  any
    56  person  or  circumstance is held unconstitutional, such invalidity shall
        S. 3788--A                          3
 
     1  not affect other provisions or applications of this section which can be
     2  given effect without the invalid provision or application, and  to  this
     3  end the provisions of this section are severable.
     4    §  2.  This  act  shall take effect on the sixtieth day after it shall
     5  have become a law.