NY State Senate Bill 2019-S3788A

Senate Bill S3788A

Signed By Governor

2019-2020 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 - Signed by Governor

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 13, 2019	signed chap.165
Aug 12, 2019	delivered to governor
Jun 03, 2019	returned to senate passed assembly ordered to third reading cal.44 substituted for a217a
May 22, 2019	referred to codes delivered to assembly passed senate
May 21, 2019	ordered to third reading cal.817 reported and committed to rules
May 16, 2019	print number 3788a
May 16, 2019	amend and recommit to consumer protection
Feb 14, 2019	referred to consumer protection

Votes

- May 22, 2019 - Floor Vote
  S3788A
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 22, 2019
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      excused (1)
      
      Funke
  May 21, 2019 - Rules Committee Vote
  S3788A
  
  18
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 21, 2019
      
      aye (18)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Stewart-Cousins
      
      aye wr (1)
      
      Seward
  May 21, 2019 - Consumer Protection Committee Vote
  S3788A
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: May 21, 2019
      
      aye (5)
      
      Jacobs
      
      Kavanagh
      
      Myrie
      
      Ramos
      
      Thomas
      
      aye wr (2)
      
      Comrie
      
      Tedisco

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S3788 - Details

See Assembly Version of this Bill:: A217
Law Section:: General Business Law
Laws Affected:: Add §399-ii, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7041, A9186
2017-2018: S4055, A4151

2019-S3788 - Summary

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

2019-S3788 - Sponsor Memo

                                
 
BILL NUMBER: S3788

SPONSOR: CARLUCCI
 
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 OR GENERAL IDEA OF BILL:

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 SPECIFIC PROVISIONS:

Section 1, subdivision 1, paragraphs (a) through (i) provides a defi-
nitions section, including a definition of crib bumper pads. The defi-
nition of crib bumper pads does not include vertical railguards which
wrap around each Ian individually, and exempts mesh liners.

Section 1, subdivision 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 unless a medical professional has determined that the use of bumper
pads is medically necessary for a particular child. 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.
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.

Section 1, subdivision S states that provisions of this section are
severable and that if any provision of this section is held to be uncon-
stitutional, 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 suffoca-
tion 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 addi-
tional 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.  Prohibit-
ing 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:

2017-18: S4055-B/A4151-A - RULES/passed assembly
A.9186-B,2016 passed Assembly.
Same as S.7041-A, 2016 referred to rules.

 
FISCAL IMPLICATIONS:

No fiscal impact to the State.

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

2019-S3788 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3788
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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:
   §  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 A 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
 OR  AN  ESTABLISHMENT  LOCATED  WITHIN A BUILDING THAT CONTAINS NOT MORE

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00621-01-9

 S. 3788                             2
 
 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 UNLESS A MEDICAL PROFESSIONAL HAS DETERMINED
 THAT USE OF CRIB BUMPER PADS IS MEDICALLY  NECESSARY  FOR  A  PARTICULAR
 CHILD USING A CRIB IN SUCH CHILD CARE FACILITY OR PLACE OF PUBLIC ACCOM-
 MODATION.
   (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. 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.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

co-Sponsors

2019-S3788A (ACTIVE) - Details

See Assembly Version of this Bill:: A217
Law Section:: General Business Law
Laws Affected:: Add §399-ii, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7041, A9186
2017-2018: S4055, A4151

2019-S3788A (ACTIVE) - Summary

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

2019-S3788A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3788A                    REVISED 08/20/2019

SPONSOR: CARLUCCI
 
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 OR GENERAL IDEA OF BILL:

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 SPECIFIC PROVISIONS:

Section 1, subdivision 1, paragraphs (a) through (i) provides a defi-
nitions section, including a definition of crib bumper pads. The defi-
nition of crib bumper pads does not include vertical railguards which
wrap around each rail individually, and exempts mesh liners.

Section 1, subdivision establishes the ban on sales, leases, or offers

for sale or lease of all crib bumper bads.

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 unles a medical professional has determined that the use of bumper
pads is medically necessary for a particular child. Paragraph (b) of
this subdivision states that the office of children and family services
will notify child care facilities of the provisions in this subdivi-
sion.Paragraph (c) provides that the office of children and family
services shall establish rules to comply with the ban on crib bumper, 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.

Section 1, subdivision S states that provisions of this section are
severable and that if any provision of this section is held to be uncon-
stitutional, 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 Pediatric and the American Sudden Infant Death
Syndrome Institute have both issued warning  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 or Pediatrics reports that
ationwide, twenty-three babies died between 2006 and 2012 from suffoca-
tion associated with the use of crib bumper pad. This number is three
times higher thaa 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 addi-
tional 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 death and ensure
cnildren's safety in their cribs.

 
PRIOR LEGISLATIVE HISTORY:

2017-1S: S4055-B/A4151-A - RULES /passed assembly
A.9186-E, 2016 mood Assembly. Same as S.704.1-A, 1016 referred to rules.

 
FISCAL IMPLICATIONS:

No fiscal impact to the State.

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

2019-S3788A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3788--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2019
                                ___________
 
 Introduced  by Sens. CARLUCCI, BIAGGI, MARTINEZ, SEPULVEDA -- 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 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:
   § 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 A 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 CHILD DAY CARE PROVIDER AS
 DEFINED IN SECTION THREE HUNDRED NINETY OF THE SOCIAL  SERVICES  LAW  OR
 CHILD  CARE  PROGRAM  AS  DEFINED IN ARTICLE FORTY-SEVEN OF THE NEW YORK
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00621-05-9

 S. 3788--A                          2
 
 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
 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 UNLESS A MEDICAL PROFESSIONAL HAS DETERMINED
 THAT USE OF CRIB BUMPER PADS IS MEDICALLY  NECESSARY  FOR  A  PARTICULAR
 CHILD USING A CRIB IN SUCH CHILD CARE FACILITY OR PLACE OF PUBLIC ACCOM-
 MODATION.
   (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. 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

 S. 3788--A                          3
 
 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.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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Senate Bill S3788A

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Sponsored By

David Carlucci

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

Alessandra Biaggi

Monica R. Martinez

Luis R. Sepúlveda

2019-S3788 - Details

2019-S3788 - Summary

2019-S3788 - Sponsor Memo

2019-S3788 - Bill Text download pdf

co-Sponsors

Alessandra Biaggi

Monica R. Martinez

Luis R. Sepúlveda

2019-S3788A (ACTIVE) - Details

2019-S3788A (ACTIVE) - Summary

2019-S3788A (ACTIVE) - Sponsor Memo

2019-S3788A (ACTIVE) - Bill Text download pdf

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