NY State Senate Bill 2017-S4899

Senate Bill S4899

2017-2018 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2017	referred to consumer protection

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2017-S4899 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §391-u, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3642
2011-2012: S123
2013-2014: S794
2015-2016: S825

2017-S4899 (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.

2017-S4899 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4899

 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

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Amends the General Business Law by adding a new section,
391-u. Defines roller skates and skate boards. Requires a warning
instruction to be included 1) on a label or hangtag on the outside of
the box in which the roller skates or skateboard is offered for sale
in order to be visible to the consumer and 2) within the user's guide
or instruction manual. Establishes a civil penalty of not more than
five hundred dollars for violations associated with this section.

Section 2. Effective Date

 EXISTING LAW :

None.

 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, roller-skating and skate-boarding.

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. Skate-boarding 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 skate-board
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
skate-boarding. 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 :

2016: S.825A - AMEND AND RECOMMIT TO CONSUMER PROTECTION
2015: S.825 - REFERRED TO CONSUMER PROTECTION
2014: S.794 - Amend and Recommit to Consumer Protection
2013: S.794 - Referred to Consumer Protection
2012: S.123A - Amend and Recommit to Consumer Protection
2011: S.123 -Defeated in Consumer Protection
2010: S.3642 - Referred to Consumer Protection
2009: S.3642 - Reported and Committed to Codes/A.4285A Passed Assembly
2007-08: A.437 - Passed Assembly
2005-06: A.686B - Reported Referred to Codes

 FISCAL IMPLICATIONS :

None to the State.

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

2017-S4899 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4899
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 Introduced  by  Sens.  DIAZ, HAMILTON -- 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-u to read as follows:
   §  391-U.  SALE OF ROLLER SKATES AND SKATE BOARDS; NOTIFICATION. 1. AS
 USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
 INGS:
   (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
 OFFERS TO SELL, OR DISTRIBUTE IN THIS STATE SUCH ROLLER SKATES SHALL  DO
 SO  UNLESS:  (I)  A  WARNING  INSTRUCTION CONTAINED ON A LABEL, HANGTAG,
 SHIELD OR PLATE CLEARLY VISIBLE TO THE CONSUMER IS PLACED 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.
                                                            LBD07334-01-7

 S. 4899                             2
 
   (B)  NO  PERSON,  FIRM, CORPORATION, OR OTHER LEGAL ENTITY SHALL 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 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 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.
   § 2. This act shall take effect one year after it shall have become  a
 law.

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Senate Bill S4899

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Sponsored By

Ruben Diaz