S T A T E O F N E W Y O R K
________________________________________________________________________
8435
2011-2012 Regular Sessions
I N A S S E M B L Y
June 15, 2011
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Introduced by M. of A. DINOWITZ, MARKEY, GABRYSZAK -- Multi-Sponsored by
-- M. of A. CLARK, COLTON, COOK, CUSICK, CYMBROWITZ, FARRELL, GALEF,
GLICK, HOOPER, MAGEE, MAGNARELLI, McENENY, MILLMAN, ORTIZ, PERRY,
SCARBOROUGH, WEISENBERG -- read once and referred to the Committee on
Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to providing for
notice of compatibility to purchasers of child safety seats
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and purpose. The legislature finds and
declares that the safest method to transport young children when riding
in passenger cars is in a federally approved child safety seat. New
York's mandatory child restraint law has demonstrated its value in
protecting young children from fatalities and injuries 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 estimates that a properly used
child safety seat reduces the risk of fatality by seventy-one percent
and the risk of serious injury by sixty-seven percent among children
less than five years of age.
However, the legislature finds that many child safety seats are not
used properly. There exist 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 poten-
tial benefits and cause injuries and/or death to children using them.
Additionally, the legislature finds and declares that consumers should
be made aware that certain child restraint devices may be inappropriate
for certain automobile makes and models.
Therefore, the legislature intends by this act to ensure consumers be
provided information concerning the compatibility of child safety seats
with the automobiles in which they will be used.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00866-01-1
A. 8435 2
S 2. The general business law is amended by adding a new section 399-
ff to read as follows:
S 399-FF. CHILD SAFETY SEATS; LABELING REQUIREMENTS. 1. AS USED IN
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "LABEL" MEANS A DISPLAY OF WRITTEN, PRINTED OR GRAPHIC MATTER UPON
THE IMMEDIATE CONTAINER OF ANY CHILD SAFETY SEAT OR IN THE CASE OF A
CHILD SAFETY SEAT WHICH IS UNPACKAGED OR IS NOT PACKAGED IN AN IMMEDIATE
CONTAINER INTENDED OR SUITABLE FOR DELIVERY TO THE ULTIMATE CONSUMER, A
DISPLAY OF SUCH MATTER DIRECTLY UPON THE CHILD SAFETY SEAT INVOLVED OR
UPON A TAG OR SUITABLE MATERIAL AFFIXED THERETO. LABEL SHALL INCLUDE A
PERMANENTLY AFFIXED OR IMPRINTED NOTICE ON THE ACTUAL CHILD SAFETY SEAT.
(B) "CHILD SAFETY SEAT" MEANS ANY SPECIALLY DESIGNED DETACHABLE OR
REMOVABLE SEAT WHICH MEETS THE FEDERAL MOTOR VEHICLE SAFETY STANDARDS
SET FORTH IN 49 C.F.R. 571.213.
2. NO MANUFACTURER, FIRM, CORPORATION, ASSOCIATION OR AGENT OR EMPLOY-
EE THEREOF SHALL IMPORT, MANUFACTURE, SELL, HOLD FOR SALE OR DISTRIB-
UTION ANY CHILD SAFETY SEAT INTENDED FOR USE BY A CHILD LESS THAN FOUR
YEARS OF AGE WHICH FAILS TO CONSPICUOUSLY DISCLOSE ON ITS LABEL A WARN-
ING OF COMPATIBILITY OF THE CHILD SAFETY SEAT WITH AUTOMOBILES.
3. ANY CHILD SAFETY SEAT INTENDED FOR USE BY A CHILD LESS THAN FOUR
YEARS OF AGE MUST BE LABELED AS FOLLOWS:
"ATTENTION: NOT ALL CHILD SAFETY SEATS ARE COMPATIBLE WITH ALL MOTOR
VEHICLES."
4. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, 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 SECTION, 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 RESTITU-
TION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS
SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION, BUT IN NO EVENT SHALL THE
TOTAL AMOUNT OF SUCH PENALTIES EXCEED TWENTY-FIVE THOUSAND DOLLARS. 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.
5. IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
PURSUANT TO THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY REASON OF
ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME
TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER
ACTUAL DAMAGES OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER, OR BOTH
SUCH ACTIONS. THE COURT MAY AWARD REASONABLE ATTORNEY'S FEES TO A
PREVAILING PLAINTIFF.
S 3. This act shall take effect one year after it shall have become a
law and shall apply to child safety seats imported, manufactured, sold,
held for sale or distributed in this state on and after such effective
date.