Senate Bill S3642

2009-2010 Legislative Session

Requires a warning instruction by entities which manufacture, assemble and sell roller skates and skate boards

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to consumer protection
Apr 07, 2009	reported and committed to codes
Mar 26, 2009	referred to consumer protection

2009-S3642 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §391-q, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S123
2013-2014: S794
2015-2016: S825
2017-2018: S4899

2009-S3642 (ACTIVE) - Summary

Requires a warning instruction by a person, firm, corporation, or other legal entities which manufacture and assemble roller skates and skate boards; requires the warning to be contained on a label, hangtag, shield or plate or on the outside of the box which such pair of roller skates or skate boards are sold and in each instruction manual; sets forth penalties for violations; makes an exception for the sale of roller skates or skate boards sold or offered for sale by consumers for consumer use.

2009-S3642 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3642

 TITLE OF BILL :
An act to amend the general business law, in relation to notice
requirements in the manufacture, assembling and sale of roller skates
and skate boards


 PURPOSE OR GENERAL IDEA OF BILL :
The purpose of this bill is to protect skateboarders and roller
skaters by requiring a warning label.to be printed on the box the item
is sold in or affixed to the item.

 SUMMARY OF SPECIFIC PROVISIONS :
Section one adds a news section, 391-q, to the general business law
which defines roller skate, skate board, and contains the required
warning notice.

Section 2 of this bill states, no person, firm, corporation or other.
entity which manufactures, assembles, sells or offers to distribute or
does distribute within the State of New York these items unless a
warning label is either affixed to the box or attached to the stake
board/roller skate.

 JUSTIFICATION :
This legislation responds to the large number of injuries related to

use of skate boards and roller skates. The United States Consumer
Product Safety commission (CPSC) warns consumers that in-line skating
can be a dangerous sport if appropriate safety gear is not used.  A
majority of the injuries were related to one's wrists, arms, and legs.
Moreover, according to the American Academy of Pediatrics, an
estimated 17.7 million youth under the age of eighteen participate in
in-line skating, rollerskating and skateboarding.

Over the past several years, recreational skateboarding has seen an
increase in popularity. In 1998, an estimated 5.8 million children
Under the age of eighteen in the United States participated in skate
boarding. Skateboarding injuries account for an estimated 50,000
hospital visits each year according to the American Academy of
Pediatrics. In addition, among children and teenagers in the United
States, 1500 were hospitalized due to injuries that arose from
skateboarding. According to the CPSC, six out of every ten skateboard
injuries occur with children under the age of fifteen. sprains,
fractures, contusions and abrasions are the most common skateboarding
injuries.

Appropriate protective gear is essential for safety when skating and
skateboarding.  Protective gear includes, wrist guards, knee pads,
gloves and elbow pads have been known to prevent injuries. These
protective devices are designed to absorb the impact of a fall, avoid
gravel burns and scrapes as well as fractured and broken bones. This
legislation will significantly reduce the number of injuries if
protective gear is worn thereby decreasing the likelihood of hospital
visits and its associated medical expenses.

 PRIOR LEGISLATIVE HISTORY :
This legislation was first introduced in 1997.

 FISCAL IMPLICATIONS :
None to the State.

 EFFECTIVE DATE :
This act shall take effect one year after enactment.

2009-S3642 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3642

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 26, 2009
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to notice require-
  ments in the manufacture, assembling and sale  of  roller  skates  and
  skate boards

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
391-q to read as follows:
  S 391-Q. MANUFACTURE AND SALE  OF  ROLLER  SKATES  AND  SKATE  BOARDS;
NOTIFICATION. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
  (A) "ROLLER SKATE" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED
BY SECTION ONE HUNDRED FORTY-B OF THE VEHICLE AND TRAFFIC LAW.
  (B)  "SKATE BOARD" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED
BY SECTION ONE HUNDRED FORTY-C OF THE VEHICLE AND TRAFFIC LAW.
  (C) "WARNING INSTRUCTION" SHALL MEAN A  NOTICE  IN  SUBSTANTIALLY  THE
FOLLOWING  FORM  PRINTED IN CLEAR AND CONSPICUOUS TYPE: "WARNING! REDUCE
THE RISK OF SERIOUS INJURY AND ONLY USE (INSERT 'THESE SKATES' OR  'THIS
SKATE  BOARD',  AS  APPROPRIATE)  WHILE  WEARING  FULL PROTECTIVE GEAR -
HELMET, WRIST GUARDS, ELBOW PADS AND KNEE PADS."
  2. (A) NO PERSON, FIRM, CORPORATION, OR OTHER LEGAL ENTITY WHICH MANU-
FACTURES OR ASSEMBLES ROLLER SKATES SHALL MANUFACTURE,  ASSEMBLE,  SELL,
OFFER  TO  SELL,  OR DISTRIBUTE IN THIS STATE SUCH ROLLER SKATES UNLESS:
(I) A WARNING INSTRUCTION CONTAINED ON A LABEL, HANGTAG, SHIELD OR PLATE
CLEARLY VISIBLE TO THE CONSUMER IS PLACED EITHER ON AT  LEAST  ONE  SUCH
ROLLER SKATE IN EACH PAIR MANUFACTURED OR ASSEMBLED OR ON THE OUTSIDE OF
THE  BOX IN WHICH SUCH PAIR OF ROLLER SKATES IS SOLD OR OFFERED FOR SALE
AT RETAIL; AND (II) EACH SUCH PAIR OF ROLLER  SKATES  WHICH  CONTAINS  A
USER'S  GUIDE  OR  BUYER'S  INSTRUCTION  MANUAL  ALSO CONTAINS A WARNING
INSTRUCTION WITHIN OR ON SUCH GUIDE OR MANUAL.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06348-03-9

S. 3642                             2

  (B) NO PERSON, FIRM, CORPORATION, OR OTHER LEGAL ENTITY WHICH MANUFAC-
TURES OR ASSEMBLES SKATE BOARDS SHALL MANUFACTURE, ASSEMBLE, SELL, OFFER
TO SELL, OR DISTRIBUTE IN THIS STATE SUCH SKATE  BOARDS  UNLESS:  (I)  A
WARNING  INSTRUCTION  CONTAINED  ON  A  LABEL,  HANGTAG, SHIELD OR PLATE
CLEARLY  VISIBLE  TO THE CONSUMER IS PLACED EITHER ON THE SKATE BOARD OR
ON THE OUTSIDE OF THE BOX IN WHICH SUCH SKATE BOARD IS SOLD  OR  OFFERED
FOR  SALE  AT  RETAIL; AND (II) EACH SKATE BOARD WHICH CONTAINS A USER'S
GUIDE OR BUYER'S INSTRUCTION MANUAL ALSO CONTAINS A WARNING  INSTRUCTION
WITHIN OR ON SUCH GUIDE OR MANUAL.
  (C)  NO PERSON, FIRM, CORPORATION OR OTHER LEGAL ENTITY WHICH IS REGU-
LARLY ENGAGED IN THE BUSINESS OF SELLING, OFFERING FOR SALE, OR DISTRIB-
UTING ROLLER SKATES AT RETAIL FOR CONSUMER  USE  SHALL  SELL,  OFFER  TO
SELL,  OR DISTRIBUTE IN THIS STATE SUCH ROLLER SKATES UNLESS SUCH ROLLER
SKATES CONFORM TO THE MANUFACTURING REQUIREMENTS SET FORTH IN  PARAGRAPH
(A) OF THIS SUBDIVISION.
  (D)  NO PERSON, FIRM, CORPORATION OR OTHER LEGAL ENTITY WHICH IS REGU-
LARLY ENGAGED IN THE BUSINESS OF SELLING, OFFERING FOR SALE, OR DISTRIB-
UTING SKATE BOARDS AT RETAIL FOR CONSUMER USE SHALL SELL, OFFER TO SELL,
OR DISTRIBUTE IN THIS STATE SUCH SKATE BOARDS UNLESS SUCH  SKATE  BOARDS
CONFORM  TO THE MANUFACTURING REQUIREMENTS SET FORTH IN PARAGRAPH (B) OF
THIS SUBDIVISION.
  3. WHENEVER IT SHALL APPEAR THAT THERE HAS BEEN A  VIOLATION  OF  THIS
SECTION,  AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME
OF THE PEOPLE OF THE STATE OF NEW YORK TO  A  COURT  OR  JUSTICE  HAVING
JURISDICTION  BY  A  SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON
NOTICE TO THE DEFENDANT OF NOT  LESS  THAN  FIVE  DAYS,  TO  ENJOIN  AND
RESTRAIN  THE  CONTINUANCE  OF SUCH VIOLATION; AND IF IT SHALL APPEAR TO
THE SATISFACTION OF THE COURT OR JUSTICE  THAT  THE  DEFENDANT  HAS,  IN
FACT,  VIOLATED  THIS ARTICLE, AN INJUNCTION MAY BE ISSUED BY SUCH COURT
OR JUSTICE, ENJOINING AND RESTRAINING  ANY  FURTHER  VIOLATION,  WITHOUT
REQUIRING  PROOF  THAT  ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED
THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY MAKE  ALLOWANCES  TO  THE
ATTORNEY  GENERAL  AS  PROVIDED  IN  PARAGRAPH SIX OF SUBDIVISION (A) OF
SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND  RULES,
AND  DIRECT  RESTITUTION.  WHENEVER  THE  COURT  SHALL  DETERMINE THAT A
VIOLATION OF THIS ARTICLE HAS OCCURRED, THE COURT  MAY  IMPOSE  A  CIVIL
PENALTY  OF  NOT  MORE  THAN FIVE HUNDRED DOLLARS FOR SUCH VIOLATION. IN
CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY  GENERAL  IS
AUTHORIZED  TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS
AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE  CIVIL  PRACTICE  LAW  AND
RULES.
  4.  NO  PERSON, FIRM, CORPORATION OR OTHER LEGAL ENTITY WHICH IS REGU-
LARLY ENGAGED IN THE BUSINESS OF MANUFACTURING,  DISTRIBUTING,  SELLING,
OR  OFFERING  FOR  SALE ROLLER SKATES OR SKATE BOARDS SHALL BE DEEMED TO
HAVE VIOLATED THE PROVISIONS OF THIS SUBDIVISION, IF SUCH PERSON,  FIRM,
CORPORATION  OR  OTHER LEGAL ENTITY SHOWS BY A PREPONDERANCE OF EVIDENCE
THAT THE VIOLATION WAS NOT INTENTIONAL AND RESULTED  FROM  A  BONA  FIDE
ERROR  MADE  NOTWITHSTANDING  THE  MAINTENANCE  OF PROCEDURES REASONABLY
ADOPTED TO AVOID ANY SUCH ERROR.
  5. THIS SECTION SHALL NOT APPLY TO THE SALE OF ROLLER SKATES OR  SKATE
BOARDS SOLD OR OFFERED FOR SALE BY CONSUMERS FOR CONSUMER USE.
  S  2. This act shall take effect one year after it shall have become a
law.

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Senate Bill S3642

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

2009-S3642 (ACTIVE) - Details

2009-S3642 (ACTIVE) - Summary

2009-S3642 (ACTIVE) - Sponsor Memo

2009-S3642 (ACTIVE) - Bill Text download pdf

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Sponsored By

Ruben Diaz

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

2009-S3642 (ACTIVE) - Details

2009-S3642 (ACTIVE) - Summary

2009-S3642 (ACTIVE) - Sponsor Memo

2009-S3642 (ACTIVE) - Bill Text download pdf

Comments