senate Bill S1668

2009-2010 Legislative Session

Requires certain labeling information on child safety seats regarding compatibility with automobiles

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to consumer protection
Feb 04, 2009 referred to consumer protection

S1668 - Bill Details

See Assembly Version of this Bill:
A1309
Current Committee:
Law Section:
General Business Law

S1668 - Bill Texts

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BILL NUMBER: S1668

TITLE OF BILL :
An act to amend the general business law, in relation to providing for
notice of compatibility to purchasers of child safety seats


PURPOSE OR GENERAL IDEA OF BILL :
The purpose of this bill is to provide consumers with important
information regarding child safety seats and their proper use for
maximum safety.

SUMMARY OF SPECIFIC PROVISIONS :
Section 1 of this bill is legislative intent.

Section 2 of the bill would add a new ยง399-ff to the General Business
Law requiring all manufacturers of child safety seats sold in this
State to display a label on the packaging of child safety seats. Such
label must state that not all child safety seats are compatible with
all motor vehicles or seats in motor vehicles. The bill would
encourage persons to ensure that the child safety seat is compatible
with the vehicle in which it will be used. The label also warns
parents to avoid placing child safety seats in the front seat of motor
vehicles equipped with air bags.

The Attorney General would be granted the authority to issue an
injunction, and enjoin and restrain any violations. Additionally,
violations of this section may be subject to a civil penalty of not
more than one thousand dollars for each violation. Any person who has
been injured by a violation of this section would be able to bring a
private action to recover damages.

Section 3 would provide that the bill would become effective one year
after enactment.

JUSTIFICATION :

Thousands of young children are needlessly injured and many are killed
in motor vehicle accidents each year in New York State. The safest
method to transport young children when riding in motor vehicles is in
a federally approved child safety seat. In 1982, New York State
mandated the use of child safety seats for children under four years
of age. New York's mandatory child restraint law has demonstrated its
value in protecting young children from injuries and fatalities when
involved in motor vehicle accidents. It is critical to the children's
safety that they are protected in a properly fitting child safety
seat. The National Highway Traffic Safety Administration (NHTSA)
estimates that a properly used child safety seat reduces the risk of
fatality by 71 percent and the risk of serious injury by 67 percent
among children less than five years of age.

Many child safety seats, however, are not used properly. There exists
compatibility problems in the design of child restraints that make
secure installation of child safety seats in some vehicle seating
positions difficult, and occasionally, impossible. Not all child
safety seats can be used effectively in all makes and models of cars.
An improperly installed child safety seat can reduce its potential
benefits and cause injuries and/or death to children using them. It is
estimated that over 21 million passenger vehicles on the road are
equipped with air bags. Air bags are generally viewed as successful,
and according to NHTSA, are responsible for an 11 percent reduction in
driver fatalities in passenger cars, including a 30 percent reduction
in fatalities in head-on crashes. They are credited with saving more
than 1,700 lives since 1986 and preventing many more serious injuries
when they began appearing in the U.S. Fleet. This legislation would
require manufacturers of child safety seats to provide a label on the
container of child safety seats sold in this State that would make
consumers aware that certain child restraint devices may be
inappropriate for certain automobile makes and models, as well as
alert consumers to avoid placing child safety seats in the front seats
of motor vehicles equipped with air bags.

PRIOR LEGISLATIVE HISTORY :
2004: Senate Consumer Protection Cmte./Assembly Consumer Affairs Cmte.
2005-06: Senate Consumer Protection Cmte./Assembly Consumer Affairs
Cmte. 2007-08: Senate Consumer Protection Cmte./Assembly Consumer
Affairs

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
The bill shall take effect one year after enactment.
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