S T A T E O F N E W Y O R K
________________________________________________________________________
7552
I N S E N A T E
January 24, 2020
___________
Introduced by Sen. MONTGOMERY -- 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 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
PROVISIONS OF THIS SECTION SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO
EXCEED FIVE HUNDRED DOLLARS FOR EACH VIOLATION.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13633-01-9