STATE OF NEW YORK
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7516--C
Cal. No. 914
2017-2018 Regular Sessions
IN ASSEMBLY
April 28, 2017
___________
Introduced by M. of A. ZEBROWSKI, ENGLEBRIGHT, McDONOUGH, HOOPER, SIMON,
DICKENS, DE LA ROSA, JAFFEE, CRESPO, GUNTHER -- Multi-Sponsored by --
M. of A. BUCHWALD, GALEF -- read once and referred to the Committee
on Consumer Affairs and Protection -- recommitted to the Committee on
Consumer Affairs and Protection in accordance with Assembly Rule 3,
sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted to said committee -- reported and referred to the Committee on
Codes -- advanced to a third reading, amended and ordered reprinted,
retaining its place on the order of third reading
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:
1 Section 1. This act shall be known and may be cited as "Harper's Law".
2 § 2. The general business law is amended by adding a new section 399-
3 ii to read as follows:
4 § 399-ii. Furniture tip restraint device. 1. As used in this section:
5 (a) "furniture" shall mean a clothing storage unit that is freestand-
6 ing and over twenty-five inches in height including but not limited to
7 chests, dressers, armoires, and bureaus; and
8 (b) "tip restraint device" shall mean a mechanism that is designed to
9 reduce the risk of furniture tipping over. Such mechanism may include
10 straps, wall brackets, steel cables, or plug and screw sets.
11 2. No person, firm, partnership, association, limited liability compa-
12 ny, corporation, or other entity shall sell or offer to sell new furni-
13 ture to a consumer at retail unless the retailer (a) maintains in stock
14 and prominently displays within the store tip restraint devices avail-
15 able for sale that are compatible with such furniture; and (b) posts a
16 notice, in a conspicuous location which may be easily seen or reached by
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10340-08-8
A. 7516--C 2
1 customers, that, in legible format, states: "Certain furniture may
2 become unstable and tip over, leading to possible injury or death. Tip
3 restraint devices may prevent tipping of furniture when properly
4 installed." A retailer shall not be required to maintain in stock and
5 prominently display tip restraint devices pursuant to this section for
6 furniture that is offered for sale with a compatible tip restraint
7 device as part of the purchase.
8 3. The provisions of this section shall not apply to furniture
9 purchased through an online retailer.
10 4. Any person, firm, partnership, association, limited liability
11 company, corporation, or other entity that sells or offers to sell new
12 furniture to a consumer at retail in violation of the provisions of this
13 section shall be liable for a civil penalty not to exceed five hundred
14 dollars for each violation.
15 § 3. This act shall take effect on the ninetieth day after it shall
16 have become a law.
