NY State Senate Bill 2019-S8604

Senate Bill S8604

2019-2020 Legislative Session

Relates to the sale of new motor vehicle child restraint systems

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 18, 2020	referred to rules

2019-S8604 (ACTIVE) - Details

See Assembly Version of this Bill:: A8582
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Add §399-uu, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:: S300, A381

2019-S8604 (ACTIVE) - Summary

Requires any person, firm, partnership, association, limited liability company, corporation, or other entity that sells new motor vehicle child restraint systems to also sell motor vehicle child restraint system warning devices.

2019-S8604 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8604

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the general business law, in relation to the sale of new
motor vehicle child restraint systems

 
PURPOSE OR GENERAL IDEA OF BILL:

A bill to require retailers to post a warning and provide car seat alarm
devices to be sold alongside car seats in New York State.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends the general business law by adding

Section 399-uu to require that all retailers who sell car seats in New
York State also sell car seat alarm devices and provide a warning post-
ing.

Section 2 provides that the statute shall take effect in ninety days.

 
JUSTIFICATION:

New Yorkers were aghast by the recent tragedy of a father in the Bronx
who exited his motor vehicle while forgetting that his twin one-year old
children were harnessed into car seats in the back seat, left to die
alone in his overheated vehicle. The horror was profound, especially
considering that memory is fallible and such accidents are preventable.
According to www.kidsandcars.org, fifty-three children died from being
left in hot cars in 2018, and to date, in 2019, twenty-six children have
died in hot cars.

The technology exists to help prevent such avoidable deaths, and we
should take steps to ensure that such technology is available with the
sale of all car seats sold in New York State. For example, Evenflo
Advanced SensorSafe Embrace DLX or Cybex Sirona M Sensorsafe are two car
seats currently manufactured and sold with sensor technology. Other car
seat warning devices are available to be added to existing car seats.
The proposed bill would also require retailers to post a warning for
consumers to educate and increase awareness. It is the goal of this bill
that utilizing such technology can help save lives.

We must take steps to protect these young children from unfortunate
mistakes, and require that all car seats sold in the state of New York
be sold alongside with car seat alarm devices and a warning posting.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect in ninety days.

2019-S8604 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8604
 
                             I N  S E N A T E
 
                               June 18, 2020
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the general business law, in relation to the sale of new
   motor vehicle child restraint systems
 
   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-uu to read as follows:
   §  399-UU. MOTOR VEHICLE CHILD RESTRAINT SYSTEM WARNING DEVICES. 1. AS
 USED IN THIS SECTION:
   (A) "MOTOR VEHICLE CHILD RESTRAINT SYSTEM" SHALL MEAN  A  HARNESS  AND
 RESTRAINT  SYSTEM DESIGNED FOR YOUNG CHILDREN TO RIDE IN A MOTOR VEHICLE
 WHICH CONFORMS TO THE SPECIFICATIONS OF PARAGRAPH (A) OF SUBDIVISION ONE
 OF SECTION TWELVE HUNDRED TWENTY-NINE-C OF THE VEHICLE AND TRAFFIC LAW.
   (B) "MOTOR VEHICLE CHILD RESTRAINT SYSTEM WARNING DEVICE"  SHALL  MEAN
 AN  ELECTRONIC  DEVICE  THAT CONNECTS TO A MOTOR VEHICLE CHILD RESTRAINT
 SYSTEM, OR IS BUILT INTO A MOTOR VEHICLE CHILD RESTRAINT SYSTEM, FOR THE
 PURPOSE OF ALERTING THE DRIVER OF A MOTOR VEHICLE WHEN THE MOTOR VEHICLE
 HAS BEEN TURNED OFF AND A CHILD REMAINS HARNESSED  IN  A  MOTOR  VEHICLE
 CHILD RESTRAINT SYSTEM.
   2. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
 NY, CORPORATION, OR OTHER ENTITY SHALL SELL OR OFFER TO SELL A NEW MOTOR
 VEHICLE  CHILD  RESTRAINT  SYSTEM  TO  A  CONSUMER AT RETAIL UNLESS SUCH
 PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED  LIABILITY  COMPANY,
 CORPORATION, OR OTHER ENTITY:
   (A) MAINTAINS IN STOCK AND PROMINENTLY DISPLAYS WITHIN THE STORE MOTOR
 VEHICLE  CHILD  RESTRAINT SYSTEM WARNING DEVICES AVAILABLE FOR SALE THAT
 ARE COMPATIBLE WITH SUCH MOTOR VEHICLE CHILD RESTRAINT SYSTEMS; AND
   (B) POSTS A NOTICE, IN A CONSPICUOUS LOCATION WHICH MAY BE EASILY SEEN
 OR REACHED BY CUSTOMERS, THAT, IN A  LEGIBLE  FORMAT,  STATES:  "LEAVING
 CHILDREN UNATTENDED IN AN INSTALLED MOTOR VEHICLE CHILD RESTRAINT SYSTEM
 MAY  LEAD  TO  POSSIBLE INJURY OR DEATH, ESPECIALLY IN HOT TEMPERATURES.
 MOTOR VEHICLE CHILD RESTRAINT SYSTEM WARNING DEVICES MAY PREVENT LEAVING
 A CHILD UNATTENDED IN A CAR WHEN PROPERLY INSTALLED."
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13670-01-9

 S. 8604                             2
 
   3. ANY  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED  LIABILITY
 COMPANY, CORPORATION, OR OTHER ENTITY THAT SELLS OR OFFERS TO SELL A NEW
 MOTOR  VEHICLE  CHILD  RESTRAINT  SYSTEM  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.

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