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Assembly Bill A8540

2019-2020 Legislative Session

Relates to child restraint alarms

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Archive: Last Bill Status - On Floor Calendar

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2019-A8540 (ACTIVE) - Details

See Senate Version of this Bill:
S7552
Law Section:
General Business Law
Laws Affected:
Add §399-iii, Gen Bus L

2019-A8540 (ACTIVE) - Summary

Provides that a person, firm, partnership, association, limited liability company, corporation, or other entity may sell or offer to sell a child restraint system if the retailer: (a) maintains in stock and prominently displays within the store, the child restraint alarms for sale that are compatible with such child restraint systems; and (b) posts a notice, in a conspicuous location which may be easily seen or reached by customers, in legible format, which states: "Heat stroke is the leading cause of non-car crash vehicular death in children under the age of 15. Child restraint alarms, when used properly, may help to prevent vehicular death of children."; defines terms; imposes a civil penalty.

2019-A8540 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8540
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 23, 2019
                                ___________
 
 Introduced by M. of A. JAFFEE -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to child restraint
   alarms
 
   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-iii to read as follows:
   § 399-III. CHILD RESTRAINT ALARM. 1. AS USED IN THIS SECTION:
   (A) "CHILD RESTRAINT SYSTEM" SHALL MEAN ANY DEVICE, USED  IN  CONJUNC-
 TION WITH SAFETY BELTS, DESIGNED FOR USE IN A MOTOR VEHICLE TO RESTRAIN,
 SEAT,  OR POSITION CHILDREN AND WHICH MEETS THE APPLICABLE FEDERAL MOTOR
 VEHICLE SAFETY STANDARDS SET FORTH IN 49 C.F.R. 571.213.
   (B) "CHILD RESTRAINT ALARM" SHALL MEAN A DEVICE THAT ATTACHES  TO  THE
 CHILD  RESTRAINT  SYSTEM OR CONJOINED SAFETY BELT THAT ALERTS THE DRIVER
 WHEN HE OR SHE HAS EXITED THE VEHICLE WITHOUT UNBUCKLING THE CHILD  FROM
 THE  CHILD  RESTRAINT SYSTEM. THIS ALARM MAY CONNECT WITH A SMART DEVICE
 AND SEND EITHER TEXT ALERTS, EMAILS OR SOUND AN AUDIBLE ALARM.
   2. A PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY  COMPA-
 NY,  CORPORATION,  OR  OTHER  ENTITY  MAY  SELL OR OFFER TO SELL A CHILD
 RESTRAINT SYSTEM IF THE RETAILER:
   (A) MAINTAINS IN STOCK AND PROMINENTLY DISPLAYS WITHIN THE STORE,  THE
 CHILD  RESTRAINT  ALARMS  FOR  SALE  THAT ARE COMPATIBLE WITH SUCH CHILD
 RESTRAINT SYSTEMS; AND (B) POSTS A NOTICE,  IN  A  CONSPICUOUS  LOCATION
 WHICH  MAY  BE  EASILY  SEEN OR REACHED BY CUSTOMERS, IN LEGIBLE FORMAT,
 WHICH STATES: "HEAT STROKE IS THE LEADING CAUSE OF NON-CAR CRASH VEHICU-
 LAR DEATH IN CHILDREN UNDER THE AGE OF 15. CHILD RESTRAINT ALARMS,  WHEN
 USED PROPERLY, MAY HELP TO PREVENT VEHICULAR DEATH OF CHILDREN."
   3.  ANY  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED LIABILITY
 COMPANY, CORPORATION, OR OTHER ENTITY THAT SELLS OR OFFERS TO  SELL  NEW
 CHILD  RESTRAINT  SYSTEMS  TO  A  CONSUMER AT RETAIL IN VIOLATION OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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