NY State Senate Bill 2017-S8766A

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 20, 2018	committed to rules
Jun 05, 2018	advanced to third reading
Jun 04, 2018	2nd report cal.
May 31, 2018	1st report cal.1433
May 24, 2018	print number 8766a
May 24, 2018	amend and recommit to consumer protection
May 15, 2018	referred to consumer protection

Votes

- May 31, 2018 - Consumer Protection Committee Vote
  S8766A
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: May 31, 2018
      
      aye (11)
      
      Alcantara
      
      Amedore
      
      Boyle
      
      Carlucci
      
      Comrie
      
      Funke
      
      Helming
      
      Jacobs
      
      Kavanagh
      
      Robach
      
      Serrano

Bill Amendments

Original

A (Active)

2017-S8766 - Details

See Assembly Version of this Bill:: A7516
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Add §399-ii, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:: S1627, A4421

2017-S8766 - Summary

Enacts "Harper's Law" requiring tip restraint devices on certain furniture.

2017-S8766 - Sponsor Memo

                                
 
BILL NUMBER: S8766

SPONSOR: LARKIN
 
TITLE OF BILL:

An act to amend the general business law, in relation to enacting
"Harper's Law" requiring tip restraint devices on certain furniture

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will enact "Harper's Law" which will require that retailers
who sell certain new furniture to offer for sale compatible tip
restraint devices and post a notice informing consumers of the risk of
furniture tipping.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill states that the act shall be known as "Harper's
Law."

Section two of the bill amends the general business law by adding new

section 399-ii as it relates to requiring retailers who sell certain new
furniture to offer for sale compatible tip restraint devices and post a
notice informing consumers of the risk of furniture tipping.

Section three of the bill relates to the effective date.

 
JUSTIFICATION:

There is a growing problem of certain clothing storage furniture tipping
over and causing serious injury or death. According to the Consumer
Product Safety Commission, there were 195 fatalities between 2000 and
2016, and 65,200 injuries between 2006 and 2016 related to furniture
tipping over. These tragedies often involve young children with over 86%
of reported deaths under the age of 18 with a majority under the age of
6. This bill is named after Harper, a three year old Hudson Valley girl,
who tragically lost her life after a piece of children's furniture acci-
dentally tipped over and fell on her.

The bill will require retailers that sell certain new furniture to
display and offer for sale compatible tip restraint devices. This will
provide consumers with readily available safety products which reduce
the risk that furniture will tip over. Selling tip restraint devices in
tandem with certain furniture will encourage consumers to purchase and
install this inexpensive yet potentially lifesaving device.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

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

2017-S8766 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8766
 
                             I N  S E N A T E
 
                               May 15, 2018
                                ___________
 
 Introduced  by  Sen.  LARKIN -- 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  enacting
   "Harper's Law" requiring tip restraint devices on certain furniture
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as "Harper's Law".
   § 2. The general business law is amended by adding a new section  399-
 ii to read as follows:
   § 399-II. FURNITURE TIP RESTRAINT DEVICE. 1. AS USED IN THIS SECTION:
   (A)  "FURNITURE" SHALL MEAN A CLOTHING STORAGE UNIT THAT IS FREESTAND-
 ING AND OVER TWENTY-FIVE INCHES IN HEIGHT INCLUDING BUT NOT  LIMITED  TO
 CHESTS, DRESSERS, ARMOIRES, AND BUREAUS; AND
   (B)  "TIP RESTRAINT DEVICE" SHALL MEAN A MECHANISM THAT IS DESIGNED TO
 REDUCE THE RISK OF FURNITURE TIPPING OVER. SUCH  MECHANISM  MAY  INCLUDE
 STRAPS, WALL BRACKETS, STEEL CABLES, OR PLUG AND SCREW SETS.
   2. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
 NY,  CORPORATION, OR OTHER ENTITY SHALL SELL OR OFFER TO SELL NEW FURNI-
 TURE TO A CONSUMER AT RETAIL UNLESS THE RETAILER (A) MAINTAINS IN  STOCK
 AND  PROMINENTLY  DISPLAYS WITHIN THE STORE TIP RESTRAINT DEVICES AVAIL-
 ABLE FOR SALE THAT ARE COMPATIBLE WITH SUCH FURNITURE; AND (B)  POSTS  A
 NOTICE, IN A CONSPICUOUS LOCATION WHICH MAY BE EASILY SEEN OR REACHED BY
 CUSTOMERS,  THAT,  IN  LEGIBLE  FORMAT,  STATES:  "CERTAIN FURNITURE MAY
 BECOME UNSTABLE AND TIP OVER, LEADING TO POSSIBLE INJURY OR  DEATH.  TIP
 RESTRAINT  DEVICES  MAY  PREVENT  TIPPING  OF  FURNITURE  WHEN  PROPERLY
 INSTALLED."
   3. THE PROVISIONS  OF  THIS  SECTION  SHALL  NOT  APPLY  TO  FURNITURE
 PURCHASED THROUGH AN ONLINE RETAILER.
   4.  ANY  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED LIABILITY
 COMPANY, CORPORATION, OR OTHER ENTITY THAT SELLS OR OFFERS TO  SELL  NEW
 FURNITURE 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.
   § 3. 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.
                                                            LBD10340-07-8

co-Sponsors

2017-S8766A (ACTIVE) - Details

See Assembly Version of this Bill:: A7516
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Add §399-ii, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:: S1627, A4421

2017-S8766A (ACTIVE) - Summary

Enacts "Harper's Law" requiring tip restraint devices on certain furniture.

2017-S8766A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8766A

SPONSOR: LARKIN
 
TITLE OF BILL:  An act to amend the general business law, in relation
to enacting "Harper's Law" requiring tip restraint devices on certain
furniture

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will enact "Harper's Law" which will require that retailers
who sell certain new furniture to offer for sale compatible tip
restraint devices and post a notice informing consumers of the risk of
furniture tipping.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill states that the act shall be known as "Harper's
Law."

Section two of the bill amends the general business law by adding new
section 399-ii as it relates to requiring retailers who sell certain new

furniture to offer for sale compatible tip restraint devices and post a
notice informing consumers of the risk of furniture tipping.  Moreover,
retailers are not required to maintain in stock and prominently display
tip restrain devices for furniture that includes a tip restraint device
as part of the purchase.

Section three of the bill relates to the effective date.

 
JUSTIFICATION:

There is a growing problem of certain clothing storage furniture tipping
over and causing serious injury or death. According to the Consumer
Product Safety Commission, there were 195 fatalities between 2000 and
2016, and 65,200 injuries between 2006 and 2016 related to furniture
tipping over. These tragedies often involve young children with over 86%
of reported deaths under the age of 18 with a majority under the age of
6. This bill is named after Harper, a three year old Hudson Valley girl,
who tragically lost her life after a piece of children's furniture acci-
dentally tipped over and fell on her.

The bill will require retailers that sell certain new furniture to
display and offer for sale compatible tip restraint devices. This will
provide consumers with readily available safety products which reduce
the risk that furniture will tip over. Selling tip restraint devices in
tandem with certain furniture will encourage consumers to purchase and
install this inexpensive yet potentially lifesaving device.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

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

2017-S8766A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8766--A
 
                             I N  S E N A T E
 
                               May 15, 2018
                                ___________
 
 Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the  general  business  law,  in  relation  to  enacting
   "Harper's Law" requiring tip restraint devices on certain furniture

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "Harper's Law".
   § 2. The general business law is amended by adding a new section  399-
 ii to read as follows:
   § 399-II. FURNITURE TIP RESTRAINT DEVICE. 1. AS USED IN THIS SECTION:
   (A)  "FURNITURE" SHALL MEAN A CLOTHING STORAGE UNIT THAT IS FREESTAND-
 ING AND OVER TWENTY-FIVE INCHES IN HEIGHT INCLUDING BUT NOT  LIMITED  TO
 CHESTS, DRESSERS, ARMOIRES, AND BUREAUS; AND
   (B)  "TIP RESTRAINT DEVICE" SHALL MEAN A MECHANISM THAT IS DESIGNED TO
 REDUCE THE RISK OF FURNITURE TIPPING OVER. SUCH  MECHANISM  MAY  INCLUDE
 STRAPS, WALL BRACKETS, STEEL CABLES, OR PLUG AND SCREW SETS.
   2. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
 NY,  CORPORATION, OR OTHER ENTITY SHALL SELL OR OFFER TO SELL NEW FURNI-
 TURE TO A CONSUMER AT RETAIL UNLESS THE RETAILER (A) MAINTAINS IN  STOCK
 AND  PROMINENTLY  DISPLAYS WITHIN THE STORE TIP RESTRAINT DEVICES AVAIL-
 ABLE FOR SALE THAT ARE COMPATIBLE WITH SUCH FURNITURE; AND (B)  POSTS  A
 NOTICE, IN A CONSPICUOUS LOCATION WHICH MAY BE EASILY SEEN OR REACHED BY
 CUSTOMERS,  THAT,  IN  LEGIBLE  FORMAT,  STATES:  "CERTAIN FURNITURE MAY
 BECOME UNSTABLE AND TIP OVER, LEADING TO POSSIBLE INJURY OR  DEATH.  TIP
 RESTRAINT  DEVICES  MAY  PREVENT  TIPPING  OF  FURNITURE  WHEN  PROPERLY
 INSTALLED."  A RETAILER SHALL NOT BE REQUIRED TO MAINTAIN IN  STOCK  AND
 PROMINENTLY  DISPLAY  TIP RESTRAINT DEVICES PURSUANT TO THIS SECTION FOR
 FURNITURE THAT IS OFFERED FOR  SALE  WITH  A  COMPATIBLE  TIP  RESTRAINT
 DEVICE AS PART OF THE PURCHASE.
   3.  THE  PROVISIONS  OF  THIS  SECTION  SHALL  NOT  APPLY TO FURNITURE
 PURCHASED THROUGH AN ONLINE RETAILER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10340-09-8

 S. 8766--A                          2
 
   4. ANY  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED  LIABILITY
 COMPANY,  CORPORATION,  OR OTHER ENTITY THAT SELLS OR OFFERS TO SELL NEW
 FURNITURE 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.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S8766A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

May 31, 2018 - Consumer Protection Committee Vote

Consumer Protection Committee Vote: May 31, 2018

Bill Amendments

2017-S8766 - Details

2017-S8766 - Summary

2017-S8766 - Sponsor Memo

2017-S8766 - Bill Text download pdf

co-Sponsors

2017-S8766A (ACTIVE) - Details

2017-S8766A (ACTIVE) - Summary

2017-S8766A (ACTIVE) - Sponsor Memo

2017-S8766A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8766A

Share this bill

Sponsored By

William Larkin

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2017-S8766 - Details

2017-S8766 - Summary

2017-S8766 - Sponsor Memo

2017-S8766 - Bill Text download pdf

co-Sponsors

David Carlucci

Pamela Helming

Timothy M. Kennedy

2017-S8766A (ACTIVE) - Details

2017-S8766A (ACTIVE) - Summary

2017-S8766A (ACTIVE) - Sponsor Memo

2017-S8766A (ACTIVE) - Bill Text download pdf

Comments