NY State Senate Bill 2015-S7041A

Senate Bill S7041A

2015-2016 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

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	committed to rules
Jun 01, 2016	advanced to third reading amended 7041a
May 25, 2016	2nd report cal.
May 24, 2016	1st report cal.1076
Mar 18, 2016	referred to consumer protection

Votes

- May 24, 2016 - Consumer Protection Committee Vote
  S7041A
  
  9
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: May 24, 2016
      
      aye (9)
      
      Akshar
      
      Amedore
      
      Boyle
      
      Comrie
      
      Latimer
      
      Peralta
      
      Savino
      
      Serrano
      
      Venditto
      
      aye wr (2)
      
      Funke
      
      Robach

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S7041 - Details

See Assembly Version of this Bill:: A9186
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Add §399-ii, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4055, A4151
2019-2020: S3788, A217

2015-S7041 - Summary

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

2015-S7041 - Sponsor Memo

                                 BILL NUMBER:  S7041

 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, paragraph 1, subparagraphs (a) through (h) provides a
definitions section, including a definition of crib bumper pads.

Section 1, paragraph 2 establishes the ban on sales, leases, or offers
for sale or lease of all crib bumper pads. This paragraph also
provides that the use of crib bumper pads shall be prohibited at all
child care facilities and places of public accommodation.

Section 1, paragraph 3, subparagraph (a) provides that as of December
first twenty sixteen, no child care facility or place of public
accommodation may use or have on its premises any crib bumper pads.

Section 1, paragraph 3, subparagraph (b) 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 identity and remove crib bumper pads.

Section 1, paragraph 3, subparagraph (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, paragraph 4 establishes the provisions for a violation of
this act. 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, paragraph 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 that this act will take effect immediately.

 JUSTIFICATION :

The American Academy of Pediatrics and the American SIDS 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 become caught in the fabric
and suffocate.

Illinois and Maryland have enacted legislation banning the sale of
crib bumper pads. 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 :

New bill.

 FISCAL IMPACT :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7041 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7041

                            I N  S E N A T E

                             March 18, 2016
                               ___________

Introduced  by Sen. VENDITTO -- 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:
  S  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" MEANS ANY PERSON OTHER THAN A  MANUFACTURER,  DISTRIBU-
TOR, OR WHOLESALER WHO SELLS, LEASES, OR SUBLETS CRIB BUMPER PADS.
  (F)  "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.
  (G) "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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD13325-02-6

S. 7041                             2

  (H) "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  COMMERCIAL DEALER, MANUFACTURER, IMPORTER, DISTRIBUTOR, WHOLE-
SALER, OR RETAILER 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.  USE OF CRIB BUMPER PADS SHALL ALSO BE PROHIBITED AT ALL
CHILD CARE FACILITIES AND PLACES OF PUBLIC ACCOMMODATION IN THIS STATE.
  3. (A) ON OR AFTER DECEMBER FIRST, TWO THOUSAND SIXTEEN, 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 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  RESTITU-
TION. 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 SEPA-
RATE 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.
  S 2. This act shall take effect immediately.

co-Sponsors

2015-S7041A (ACTIVE) - Details

See Assembly Version of this Bill:: A9186
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Add §399-ii, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4055, A4151
2019-2020: S3788, A217

2015-S7041A (ACTIVE) - Summary

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

2015-S7041A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7041A

 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.

2015-S7041A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7041--A
    Cal. No. 1076

                            I N  S E N A T E

                             March 18, 2016
                               ___________

Introduced  by Sens. VENDITTO, AKSHAR -- 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, amended on second report, ordered to a third read-
  ing, and to be reprinted as amended, 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:
  S 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
GUESTS.  SUCH  TERM  SHALL  NOT  INCLUDE  AN ESTABLISHMENT TREATED AS AN

APARTMENT BUILDING FOR PURPOSES OF ANY STATE OR LOCAL LAW OR  REGULATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13325-12-6

S. 7041--A                          2

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.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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Senate Bill S7041A

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Sponsored By

Michael Venditto

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

Fred Akshar

2015-S7041 - Details

2015-S7041 - Summary

2015-S7041 - Sponsor Memo

2015-S7041 - Bill Text download pdf

co-Sponsors

Fred Akshar

2015-S7041A (ACTIVE) - Details

2015-S7041A (ACTIVE) - Summary

2015-S7041A (ACTIVE) - Sponsor Memo

2015-S7041A (ACTIVE) - Bill Text download pdf

Comments