Senate Bill S4055B

2017-2018 Legislative Session

Relates to prohibiting the sale of crib bumper pads and the restriction of the use of such pads in certain settings

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
Jan 23, 2018	advanced to third reading
Jan 22, 2018	2nd report cal.
Jan 17, 2018	1st report cal.220
Jan 03, 2018	referred to consumer protection
Jun 21, 2017	committed to rules
May 22, 2017	amended on third reading 4055b
Mar 27, 2017	amended on third reading 4055a
Mar 01, 2017	advanced to third reading
Feb 28, 2017	2nd report cal.
Feb 14, 2017	1st report cal.253
Feb 02, 2017	referred to consumer protection

Votes

- Jan 17, 2018 - Consumer Protection Committee Vote
  S4055B
  
  Aye
  
  9
  
  Nay
  
  0
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Consumer Protection Committee Vote: Jan 17, 2018
      
      aye (9)
      
      Boyle
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Hamilton
      
      Helming
      
      Kavanagh
      
      Robach
      
      Serrano
      
      aye wr (2)
      
      Amedore
      
      Funke
  Feb 14, 2017 - Consumer Protection Committee Vote
  S4055B
  
  Aye
  
  6
  
  Nay
  
  1
  
  Aye with Reservations
  
  4
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Consumer Protection Committee Vote: Feb 14, 2017
      
      aye (6)
      
      Boyle
      
      Brooks
      
      Carlucci
      
      Hamilton
      
      Robach
      
      Serrano
      
      nay (1)
      
      Latimer
      
      aye wr (4)
      
      Amedore
      
      Comrie
      
      Funke
      
      Helming

Bill Amendments

Original

B (Active)

2017-S4055 - Details

See Assembly Version of this Bill:: A4151
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Add §399-ii, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7041, A9186
2019-2020: S3788, A217

2017-S4055 - Summary

Relates to prohibiting the sale of crib bumper pads and to restricting the use of such pads in certain settings.

2017-S4055 - Sponsor Memo

                                 BILL NUMBER:  S4055

 TITLE OF BILL :  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

 PURPOSE :

To ban the sale of crib bumpers pads and restrict their use in certain
settings. This bill will prevent the deaths of and serious injury to
infants which have been attributed to the use of crib bumper pads.

 SUMMARY OF PROVISIONS :

Section 1, subdivision 1, subparagraphs (a) through (i) provides a
definitions section, including a definition of crib bumper pads.

Section 1, subdivision 2 establishes the ban on sales, leases, or
offers for sale or lease of all crib bumper pads.

Section 1, subdivision 3, paragraph (a) provides that on or after the
effective date of this section, no child care facility or place of
public accommodation may use or have on its premises any crib bumper
pads. Paragraph (b) of this subdivision states that the office of
children and family services will notify child care facilities of the
provisions in this subdivision, which will enable the facilities to

effectively identify and remove crib bumper  pads. Paragraph (c)
provides that the office of children and family services shall
establish rules to comply with the ban on crib bumper pads in child
care facilities.

Section 1, subdivision 4 establishes the provisions for a violation of
subdivision 2 of this section. A court may impose a civil penalty of
not more than $500 for each violation. Each sale of a crib bumper pad
in violation of this section would constitute a separate violation.

Section 1, subdivision 5 states that provisions of this section are
severable and that if any provision of this section is held to be
unconstitutional, such invalidity will not affect other provisions
that can be given effect without the invalid provision. Section 2
provides the effective date.

 JUSTIFICATION :

The American Academy of Pediatrics and the American Sudden Infant
Death Syndrome Institute have both issued warnings regarding the
dangers of crib bumper pads and have urged parents not to use them.
Bumper pads pose a risk of death or serious injury because babies can
get caught in the fabric and suffocate.

A study recently published in the Journal of Pediatrics reports that
nationwide, twenty-three babies died between 2006 and 2012 from
suffocation associated with the use of crib bumper pads. This number
is three times higher than the number of deaths attributable to crib
bumper pads which were recorded in the three previous six-year time
spans. Forty-eight babies died as a result of having bumper pads in
their cribs from 1985 through 2012. During this twenty-seven year time
period, an additional 146 infants were reported to have sustained
serious injuries from crib bumper pads, including choking on the
bumper pad ties or nearly suffocating.

Banning the sale of crib bumper pads would silence any confusion as to
their safety. Stores often display cribs decorated with bumper pads
which can lead to the assumption that they are in fact safe.
Prohibiting the sale of crib bumper pads and their use in certain

settings would help to avoid preventable infant deaths and ensure
children's safety in their cribs.

 PRIOR LEGISLATIVE HISTORY :

None.

 FISCAL IMPACT :

No fiscal impact to the State.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become law.

2017-S4055 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4055
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2017
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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 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:
 
   Section 1. The general business law is amended by adding a new section
 399-ii to read as follows:
   §  399-II.  PROHIBIT  THE SALE OF CRIB BUMPER PADS AND RESTRICT USE OF
 SUCH PADS IN CERTAIN SETTINGS. 1. FOR THE PURPOSES OF THIS SECTION:  (A)
 "CRIB" SHALL MEAN A BED OR  CONTAINMENT  DESIGNATED  TO  ACCOMMODATE  AN
 INFANT.
   (B)  "CRIB  BUMPER PADS" SHALL MEAN A PAD OR PADS OF NON-MESH MATERIAL
 RESTING DIRECTLY ABOVE THE MATTRESS IN A CRIB, RUNNING THE SURFACE  AREA
 OF  THE  CRIB  OR  ALONG  THE LENGTH OF ANY OF THE INTERIOR SIDES OF THE
 CRIB. "CRIB BUMPER PAD" DOES NOT INCLUDE MESH LINERS.
   (C) "DISTRIBUTOR" SHALL MEAN ANY PERSON WHO DELIVERS TO A PERSON OTHER
 THAN THE PURCHASER, FOR THE PURPOSE OF RETAIL SALE.
   (D) "MANUFACTURER" SHALL MEAN ANY PERSON WHO MAKES AND PLACES INTO THE
 STREAM OF COMMERCE A BUMPER PAD AS DEFINED BY THIS SECTION.
   (E) "RETAILER" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION
 ELEVEN OF SECTION FOUR HUNDRED NINETY-A OF THIS CHAPTER.
   (F) "SECONDHAND DEALER" SHALL HAVE THE SAME MEANING AS  SET  FORTH  IN
 SUBDIVISION SIX OF SECTION FOUR HUNDRED NINETY-A OF THIS CHAPTER.
   (G)  "CHILD  CARE  FACILITY"  SHALL  MEAN ANY PLACE SUBJECT TO SECTION
 THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW OR  ARTICLE  FORTY-SEVEN
 OF  THE  NEW YORK CITY HEALTH CODE AS AUTHORIZED BY SECTION FIVE HUNDRED
 FIFTY-EIGHT OF THE NEW YORK CITY CHARTER.
   (H) "PLACE OF PUBLIC ACCOMMODATION" SHALL MEAN ANY INN, HOTEL,  MOTEL,
 MOTOR  COURT  OR  OTHER ESTABLISHMENT THAT PROVIDES LODGING TO TRANSIENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08332-03-7

 S. 4055                             2
 
 GUESTS. SUCH TERM SHALL NOT  INCLUDE  AN  ESTABLISHMENT  TREATED  AS  AN
 APARTMENT  BUILDING FOR PURPOSES OF ANY STATE OR LOCAL LAW OR REGULATION
 OR AN ESTABLISHMENT LOCATED WITHIN A BUILDING  THAT  CONTAINS  NOT  MORE
 THAN  FIVE  ROOMS  FOR  RENT  OR HIRE AND THAT IS ACTUALLY OCCUPIED AS A
 RESIDENCE BY THE PROPRIETOR OF SUCH ESTABLISHMENT.
   (I) "PERSON" SHALL MEAN A NATURAL PERSON, FIRM,  CORPORATION,  LIMITED
 LIABILITY  COMPANY,  ASSOCIATION,  OR  AN EMPLOYEE OR AGENT OF A NATURAL
 PERSON OR AN ENTITY INCLUDED IN THIS DEFINITION.
   2. NO MANUFACTURER, IMPORTER,  DISTRIBUTOR,  WHOLESALER,  RETAILER  OR
 SECONDHAND  DEALER SHALL SELL, LEASE, OFFER FOR SALE, OR OFFER FOR LEASE
 IN THIS STATE ANY CRIB BUMPER PAD AS AN ACCESSORY TO  A  CRIB  OR  AS  A
 SEPARATE ITEM.
   3.  (A)  ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, NO CHILD CARE
 FACILITY OR PLACE OF PUBLIC ACCOMMODATION SHALL USE OR HAVE ON THE PREM-
 ISES ANY CRIB BUMPER PADS.
   (B) THE OFFICE OF CHILDREN AND FAMILY SERVICES, IN  CONSULTATION  WITH
 THE  CITY  OF  NEW  YORK  DEPARTMENT OF HEALTH AND MENTAL HYGIENE, SHALL
 NOTIFY CHILD CARE FACILITIES OF THE PROVISIONS OF  THIS  SUBDIVISION  IN
 PLAIN,  NON-TECHNICAL LANGUAGE THAT WILL ENABLE EACH CHILD CARE FACILITY
 TO EFFECTIVELY IDENTIFY AND REMOVE CRIB BUMPER PADS. SUCH  NOTICE  SHALL
 BE  GIVEN  TO  EVERY CHILD CARE FACILITY UPON THE EFFECTIVE DATE OF THIS
 SECTION OR AS SOON AS PRACTICABLE THEREAFTER, AND SUCH NOTICE SHALL ALSO
 BE GIVEN TO EACH APPLICANT  FOR  LICENSE  OR  REGISTRATION  PURSUANT  TO
 SECTION THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW.
   (C)  THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROMULGATE RULES
 AND REGULATIONS TO CARRY OUT THE PROVISIONS OF  THIS  SUBDIVISION,  WITH
 RESPECT TO THE BAN ON CRIB BUMPER PADS IN CHILD CARE FACILITIES.
   4.  WHENEVER  THERE  SHALL  BE  A VIOLATION OF SUBDIVISION TWO 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 VIOLATIONS; 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 THE COURT OR
 JUSTICE, ENJOINING  AND  RESTRAINING  ANY  FURTHER  VIOLATIONS,  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 SUBDIVISION TWO OF THIS SECTION HAS OCCURRED, THE COURT MAY
 IMPOSE A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED  DOLLARS  FOR  EACH
 VIOLATION.   EACH SALE OF A CRIB BUMPER PAD IN VIOLATION OF THIS SECTION
 SHALL CONSTITUTE A SEPARATE 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.
   5. IF ANY PROVISION OF THIS SECTION OR THE APPLICATION THEREOF TO  ANY
 PERSON  OR  CIRCUMSTANCE IS HELD UNCONSTITUTIONAL, SUCH INVALIDITY SHALL
 NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS SECTION WHICH CAN BE
 GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND  TO  THIS
 END THE PROVISIONS OF THIS SECTION ARE SEVERABLE.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

2017-S4055A - Details

See Assembly Version of this Bill:: A4151
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Add §399-ii, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7041, A9186
2019-2020: S3788, A217

2017-S4055A - Summary

Relates to prohibiting the sale of crib bumper pads and to restricting the use of such pads in certain settings.

2017-S4055A - Sponsor Memo

                                 BILL NUMBER:  S4055A

 TITLE OF BILL :

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

 PURPOSE OR GENERAL IDEA OF BILL :

To ban the sale of crib bumpers pads and restrict their use in certain
settings. This bill will prevent the deaths of and serious injury to
infants which have been attributed to the use of crib bumper pads.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1, subdivision 1, paragraphs (a) through (i) provides a
definitions section, including a definition of crib bumper pads. The
definition of crib bumper pads does not include vertical railguards
which wrap around each rail individually.

Section 1, subdivision 2 establishes the ban on sales, leases, or
offers for sale or lease of all crib bumper pads.

Section 1, subdivision 3, paragraph (a) provides that on or after the
effective date of this section, no child care facility or place of

public accommodation may use or have on its premises any crib bumper
pads unless a medical professional has determined that the use of
bumper pads is medically necessary for a particular child. Paragraph
(b) of this subdivision states that the office of children and family
services will notify child care facilities of the provisions in this
subdivision. Paragraph (c) provides that the office of children and
family services shall establish rules to comply with the ban on crib
bumper pads in child care facilities.

Section 1, subdivision 4 establishes the provisions for a violation of
subdivision 2 of this section. A court may impose a civil penalty of
not more than $500 for each violation.

Section 1, subdivision 5 states that provisions of this section are
severable and that if any provision of this section is held to be
unconstitutional, such invalidity will not affect other provisions
that can be given effect without the invalid provision.

Section 2 provides the effective date.

 JUSTIFICATION :

The American Academy of Pediatrics and the American Sudden Infant
Death Syndrome Institute have both issued warnings regarding the
dangers of crib bumper pads and have urged parents not to use them.
Bumper pads pose a risk of death or serious injury because babies can
get caught in the fabric and suffocate.

A study recently published in the Journal of Pediatrics reports that
nationwide, twenty-three babies died between 2006 and 2012 from
suffocation associated with the use of crib bumper pads. This number
is three times higher than the number of deaths attributable to crib
bumper pads which were recorded in the three previous six-year time
spans. Forty-eight babies died as a result of having bumper pads in
their cribs from 1985 through 2012. During this twenty-seven year time
period, an additional 146 infants were reported to have sustained
serious injuries from crib bumper pads, including choking on the
bumper pad ties or nearly suffocating.


Banning the sale of crib bumper pads would silence any confusion as to
their safety. Stores often display cribs decorated with bumper pads
which can lead to the assumption that they are in fact safe.
Prohibiting the sale of crib bumper pads and their use in certain
settings would help to avoid preventable infant deaths and ensure
children's safety in their cribs.

 PRIOR LEGISLATIVE HISTORY :

A.9186-B, 2016 passed Assembly.
Same as S.7041-A, 2016 referred to rules.

 FISCAL IMPLICATIONS :

No fiscal impact to the State.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become a law.

2017-S4055A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4055--A
     Cal. No. 253
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2017
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in 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:
 
   Section 1. The general business law is amended by adding a new section
 399-ii to read as follows:
   § 399-II. PROHIBIT THE SALE OF CRIB BUMPER PADS AND  RESTRICT  USE  OF
 SUCH PADS IN CERTAIN SETTINGS. 1. FOR THE PURPOSES OF THIS SECTION:  (A)
 "CRIB"  SHALL  MEAN  A  BED  OR CONTAINMENT DESIGNATED TO ACCOMMODATE AN
 INFANT.
   (B) "CRIB BUMPER PADS" SHALL MEAN A PAD OR PADS RESTING DIRECTLY ABOVE
 THE MATTRESS IN A CRIB, RUNNING THE SURFACE AREA OF THE  CRIB  OR  ALONG
 THE LENGTH OF ANY OF THE INTERIOR SIDES OF THE CRIB.
   (C) "DISTRIBUTOR" SHALL MEAN ANY PERSON WHO DELIVERS TO A PERSON OTHER
 THAN THE PURCHASER, FOR THE PURPOSE OF RETAIL SALE.
   (D) "MANUFACTURER" SHALL MEAN ANY PERSON WHO MAKES AND PLACES INTO THE
 STREAM OF COMMERCE A BUMPER PAD AS DEFINED BY THIS SECTION.
   (E) "RETAILER" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION
 ELEVEN OF SECTION FOUR HUNDRED NINETY-A OF THIS CHAPTER.
   (F)  "SECONDHAND  DEALER"  SHALL HAVE THE SAME MEANING AS SET FORTH IN
 SUBDIVISION SIX OF SECTION FOUR HUNDRED NINETY-A OF THIS CHAPTER.
   (G) "CHILD CARE FACILITY" SHALL MEAN  ANY  PLACE  SUBJECT  TO  SECTION
 THREE  HUNDRED  NINETY OF THE SOCIAL SERVICES LAW OR ARTICLE FORTY-SEVEN
 OF THE NEW YORK CITY HEALTH CODE AS AUTHORIZED BY SECTION  FIVE  HUNDRED
 FIFTY-EIGHT OF THE NEW YORK CITY CHARTER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD08332-04-7

 S. 4055--A                          2
 
   (H)  "PLACE OF PUBLIC ACCOMMODATION" SHALL MEAN ANY INN, HOTEL, MOTEL,
 MOTOR COURT OR OTHER ESTABLISHMENT THAT PROVIDES  LODGING  TO  TRANSIENT
 GUESTS.  SUCH  TERM  SHALL  NOT  INCLUDE  AN ESTABLISHMENT TREATED AS AN
 APARTMENT BUILDING FOR PURPOSES OF ANY STATE OR LOCAL LAW OR  REGULATION
 OR  AN  ESTABLISHMENT  LOCATED  WITHIN A BUILDING THAT CONTAINS NOT MORE
 THAN FIVE ROOMS FOR RENT OR HIRE AND THAT  IS  ACTUALLY  OCCUPIED  AS  A
 RESIDENCE BY THE PROPRIETOR OF SUCH ESTABLISHMENT.
   (I)  "PERSON"  SHALL MEAN A NATURAL PERSON, FIRM, CORPORATION, LIMITED
 LIABILITY COMPANY, ASSOCIATION, OR AN EMPLOYEE OR  AGENT  OF  A  NATURAL
 PERSON OR AN ENTITY INCLUDED IN THIS DEFINITION.
   2.  NO  MANUFACTURER,  IMPORTER,  DISTRIBUTOR, WHOLESALER, RETAILER OR
 SECONDHAND DEALER SHALL SELL, LEASE, OFFER FOR SALE, OR OFFER FOR  LEASE
 IN  THIS  STATE  ANY  CRIB  BUMPER PAD AS AN ACCESSORY TO A CRIB OR AS A
 SEPARATE ITEM.
   3. (A) ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, NO  CHILD  CARE
 FACILITY OR PLACE OF PUBLIC ACCOMMODATION SHALL USE OR HAVE ON THE PREM-
 ISES  ANY  CRIB BUMPER PADS UNLESS A MEDICAL PROFESSIONAL HAS DETERMINED
 THAT USE OF CRIB BUMPER PADS IS MEDICALLY  NECESSARY  FOR  A  PARTICULAR
 CHILD USING A CRIB IN SUCH CHILD CARE FACILITY OR PLACE OF PUBLIC ACCOM-
 MODATION.
   (B)  THE  OFFICE OF CHILDREN AND FAMILY SERVICES, IN CONSULTATION WITH
 THE CITY OF NEW YORK DEPARTMENT OF  HEALTH  AND  MENTAL  HYGIENE,  SHALL
 NOTIFY  CHILD  CARE  FACILITIES OF THE PROVISIONS OF THIS SUBDIVISION IN
 PLAIN, NON-TECHNICAL LANGUAGE. SUCH NOTICE SHALL BE GIVEN TO EVERY CHILD
 CARE FACILITY UPON THE EFFECTIVE DATE OF THIS  SECTION  OR  AS  SOON  AS
 PRACTICABLE  THEREAFTER,  AND  SUCH  NOTICE  SHALL ALSO BE GIVEN TO EACH
 APPLICANT FOR LICENSE OR REGISTRATION PURSUANT TO SECTION THREE  HUNDRED
 NINETY OF THE SOCIAL SERVICES LAW.
   (C)  THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROMULGATE RULES
 AND REGULATIONS TO CARRY OUT THE PROVISIONS OF  THIS  SUBDIVISION,  WITH
 RESPECT TO THE BAN ON CRIB BUMPER PADS IN CHILD CARE FACILITIES.
   4.  WHENEVER  THERE  SHALL  BE  A VIOLATION OF SUBDIVISION TWO 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 VIOLATIONS; 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 THE COURT OR
 JUSTICE, ENJOINING  AND  RESTRAINING  ANY  FURTHER  VIOLATIONS,  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 SUBDIVISION TWO OF THIS SECTION HAS OCCURRED, THE COURT MAY
 IMPOSE A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED  DOLLARS  FOR  EACH
 VIOLATION.   EACH SALE OF A CRIB BUMPER PAD IN VIOLATION OF THIS SECTION
 SHALL CONSTITUTE A SEPARATE 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.
   5. IF ANY PROVISION OF THIS SECTION OR THE APPLICATION THEREOF TO  ANY
 PERSON  OR  CIRCUMSTANCE IS HELD UNCONSTITUTIONAL, SUCH INVALIDITY SHALL
 NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS SECTION WHICH CAN BE

 S. 4055--A                          3
 
 GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND  TO  THIS
 END THE PROVISIONS OF THIS SECTION ARE SEVERABLE.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

co-Sponsors

2017-S4055B (ACTIVE) - Details

See Assembly Version of this Bill:: A4151
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Add §399-ii, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7041, A9186
2019-2020: S3788, A217

2017-S4055B (ACTIVE) - Summary

Relates to prohibiting the sale of crib bumper pads and to restricting the use of such pads in certain settings.

2017-S4055B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4055B

 TITLE OF BILL :

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

 PURPOSE OR GENERAL IDEA OF BILL :

To ban the sale of crib bumpers pads and restrict their use in certain
settings. This bill will prevent the deaths of and serious injury to
infants which have been attributed to the use of crib bumper pads.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1, subdivision 1, paragraphs (a) through (i) provides a
definitions section, including a definition of crib bumper pads. The
definition of crib bumper pads does not include vertical railguards
which wrap around each Ian individually, and exempts mesh liners.

Section 1, subdivision establishes the ban on sales, leases, or offers
for sale or lease of all crib bumper pads.

Section 1, subdivision 3, paragraph (a) provides that on or after the
effective date of this section, no child care facility or place of

public accommodation may use or have on its premises any crib bumper
pads unless a medical professional has determined that the use of
bumper pads is medically necessary for a particular child. Paragraph
(b) of this subdivision states that the office of children and family
services will notify child care facilities of the provisions in this
subdivision. Paragraph (c) provides that the office of children and
family services shall establish rules to comply with the ban on crib
bumper pads in child care facilities.

Section 1, subdivision 4 establishes the provisions for a violation of
subdivision 2 of this section. A court may impose a civil penalty of
not more than $500 for each violation.

Section 1, subdivision S states that provisions of this section are
severable and that if any provision of this section is held to be
unconstitutional, such invalidity will not affect other provisions
that can be given effect without the invalid provision.

Section 2 provides the effective date.

 JUSTIFICATION :

The American Academy of Pediatrics and the American Sudden Infant
Death Syndrome Institute have both issued warnings regarding the
dangers of crib bumper pads and have urged parents not to use them.
Bumper pads pose a. risk of death or serious injury because babies can
get caught in the fabric and suffocate.

A study recently published in the Journal of Pediatrics reports that
nationwide, twenty-three babies died between 2006 and 2012 from
suffocation associated with the use of crib bumper pads. This number
is three times higher than the number of deaths attributable to crib
bumper pads which were recorded in the three previous six-year time
spans. Forty-eight babies died as a result of having bumper pads in
their cribs from 1985 through 2012. During this twenty-seven year time
period, an additional 146 infants were reported to have sustained
serious injuries from crib bumper pads, including choking on the
bumper pad ties or nearly suffocating.


Banning the sale of crib bumper pads would silence any confusion as to
their safety. Stores often display cribs decorated with bumper pads
which can lead to the assumption that they are in fact safe.
Prohibiting the sale of crib bumper pads and their use in certain
settings would help to avoid preventable infant deaths and ensure
children's safety in their cribs.

 PRIOR LEGISLATIVE HISTORY :

A.9186-B, 2016 passed Assembly.  Same as S.7041-A, 2016 referred to
rules.

 FISCAL IMPLICATIONS :

No fiscal impact to the State.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become a law.

2017-S4055B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4055--B
     Cal. No. 253
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2017
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading -- again amended and
   ordered reprinted, retaining its place in 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:
 
   Section 1. The general business law is amended by adding a new section
 399-ii to read as follows:
   § 399-II. PROHIBIT THE SALE OF CRIB BUMPER PADS AND  RESTRICT  USE  OF
 SUCH PADS IN CERTAIN SETTINGS. 1. FOR THE PURPOSES OF THIS SECTION:  (A)
 "CRIB"  SHALL  MEAN  A  BED  OR CONTAINMENT DESIGNATED TO ACCOMMODATE AN
 INFANT.
   (B) "CRIB BUMPER PADS" SHALL MEAN A PAD OR PADS OF A NON-MESH MATERIAL
 RESTING DIRECTLY ABOVE THE MATTRESS IN A CRIB, RUNNING THE SURFACE  AREA
 OF  THE  CRIB  OR  ALONG  THE LENGTH OF ANY OF THE INTERIOR SIDES OF THE
 CRIB. "CRIB BUMPER PAD" DOES NOT INCLUDE MESH LINERS.
   (C) "DISTRIBUTOR" SHALL MEAN ANY PERSON WHO DELIVERS TO A PERSON OTHER
 THAN THE PURCHASER, FOR THE PURPOSE OF RETAIL SALE.
   (D) "MANUFACTURER" SHALL MEAN ANY PERSON WHO MAKES AND PLACES INTO THE
 STREAM OF COMMERCE A BUMPER PAD AS DEFINED BY THIS SECTION.
   (E) "RETAILER" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION
 ELEVEN OF SECTION FOUR HUNDRED NINETY-A OF THIS CHAPTER.
   (F) "SECONDHAND DEALER" SHALL HAVE THE SAME MEANING AS  SET  FORTH  IN
 SUBDIVISION SIX OF SECTION FOUR HUNDRED NINETY-A OF THIS CHAPTER.
   (G)  "CHILD  CARE  FACILITY"  SHALL  MEAN ANY PLACE SUBJECT TO SECTION
 THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW OR  ARTICLE  FORTY-SEVEN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD08332-06-7

 S. 4055--B                          2
 
 OF  THE  NEW YORK CITY HEALTH CODE AS AUTHORIZED BY SECTION FIVE HUNDRED
 FIFTY-EIGHT OF THE NEW YORK CITY CHARTER.
   (H)  "PLACE OF PUBLIC ACCOMMODATION" SHALL MEAN ANY INN, HOTEL, MOTEL,
 MOTOR COURT OR OTHER ESTABLISHMENT THAT PROVIDES  LODGING  TO  TRANSIENT
 GUESTS.  SUCH  TERM  SHALL  NOT  INCLUDE  AN ESTABLISHMENT TREATED AS AN
 APARTMENT BUILDING FOR PURPOSES OF ANY STATE OR LOCAL LAW OR  REGULATION
 OR  AN  ESTABLISHMENT  LOCATED  WITHIN A BUILDING THAT CONTAINS NOT MORE
 THAN FIVE ROOMS FOR RENT OR HIRE AND THAT  IS  ACTUALLY  OCCUPIED  AS  A
 RESIDENCE BY THE PROPRIETOR OF SUCH ESTABLISHMENT.
   (I)  "PERSON"  SHALL MEAN A NATURAL PERSON, FIRM, CORPORATION, LIMITED
 LIABILITY COMPANY, ASSOCIATION, OR AN EMPLOYEE OR  AGENT  OF  A  NATURAL
 PERSON OR AN ENTITY INCLUDED IN THIS DEFINITION.
   2.  NO  MANUFACTURER,  IMPORTER,  DISTRIBUTOR, WHOLESALER, RETAILER OR
 SECONDHAND DEALER SHALL SELL, LEASE, OFFER FOR SALE, OR OFFER FOR  LEASE
 IN  THIS  STATE  ANY  CRIB  BUMPER PAD AS AN ACCESSORY TO A CRIB OR AS A
 SEPARATE ITEM.
   3. (A) ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, NO  CHILD  CARE
 FACILITY OR PLACE OF PUBLIC ACCOMMODATION SHALL USE OR HAVE ON THE PREM-
 ISES  ANY  CRIB BUMPER PADS UNLESS A MEDICAL PROFESSIONAL HAS DETERMINED
 THAT USE OF CRIB BUMPER PADS IS MEDICALLY  NECESSARY  FOR  A  PARTICULAR
 CHILD USING A CRIB IN SUCH CHILD CARE FACILITY OR PLACE OF PUBLIC ACCOM-
 MODATION.
   (B)  THE  OFFICE OF CHILDREN AND FAMILY SERVICES, IN CONSULTATION WITH
 THE CITY OF NEW YORK DEPARTMENT OF  HEALTH  AND  MENTAL  HYGIENE,  SHALL
 NOTIFY  CHILD  CARE  FACILITIES OF THE PROVISIONS OF THIS SUBDIVISION IN
 PLAIN, NON-TECHNICAL LANGUAGE. SUCH NOTICE SHALL BE GIVEN TO EVERY CHILD
 CARE FACILITY UPON THE EFFECTIVE DATE OF THIS  SECTION  OR  AS  SOON  AS
 PRACTICABLE  THEREAFTER,  AND  SUCH  NOTICE  SHALL ALSO BE GIVEN TO EACH
 APPLICANT FOR LICENSE OR REGISTRATION PURSUANT TO SECTION THREE  HUNDRED
 NINETY OF THE SOCIAL SERVICES LAW.
   (C)  THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROMULGATE RULES
 AND REGULATIONS TO CARRY OUT THE PROVISIONS OF  THIS  SUBDIVISION,  WITH
 RESPECT TO THE BAN ON CRIB BUMPER PADS IN CHILD CARE FACILITIES.
   4.  WHENEVER  THERE  SHALL  BE  A VIOLATION OF SUBDIVISION TWO 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 VIOLATIONS; 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 THE COURT OR
 JUSTICE, ENJOINING  AND  RESTRAINING  ANY  FURTHER  VIOLATIONS,  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 SUBDIVISION TWO OF THIS SECTION HAS OCCURRED, THE COURT MAY
 IMPOSE A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED  DOLLARS  FOR  EACH
 VIOLATION.   EACH SALE OF A CRIB BUMPER PAD IN VIOLATION OF THIS SECTION
 SHALL CONSTITUTE A SEPARATE 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.
   5. IF ANY PROVISION OF THIS SECTION OR THE APPLICATION THEREOF TO  ANY
 PERSON  OR  CIRCUMSTANCE IS HELD UNCONSTITUTIONAL, SUCH INVALIDITY SHALL

 S. 4055--B                          3

 NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS SECTION WHICH CAN BE
 GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND  TO  THIS
 END THE PROVISIONS OF THIS SECTION ARE SEVERABLE.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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Senate Bill S4055B

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Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Rules Committee

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co-Sponsors

Marisol Alcantara

Luis R. Sepúlveda

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