-  This bill is not active in this session.
 

A04421 Summary:

BILL NOA04421B
 
SAME ASSAME AS S01627-B
 
SPONSORZebrowski (MS)
 
COSPNSREnglebright, Simon, Dickens, De La Rosa, Jaffee, Crespo, Gunther, McDonough, Ortiz, Buttenschon, Gottfried, Fernandez, Otis, Schmitt, Pheffer Amato, Thiele
 
MLTSPNSRBuchwald, Galef
 
Add §399-ii, Gen Bus L
 
Enacts "Harper's Law" which will require that retailers who sell certain new furniture offer for sale compatible tip restraint devices and post a notice informing consumers of the risk of furniture tipping.
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A04421 Actions:

BILL NOA04421B
 
02/04/2019referred to consumer affairs and protection
03/05/2019reported referred to codes
03/12/2019reported
03/14/2019advanced to third reading cal.139
05/06/2019amended on third reading 4421a
05/20/2019amended on third reading 4421b
05/30/2019passed assembly
05/30/2019delivered to senate
05/30/2019REFERRED TO CONSUMER PROTECTION
05/30/2019SUBSTITUTED FOR S1627B
05/30/20193RD READING CAL.545
05/30/2019PASSED SENATE
05/30/2019RETURNED TO ASSEMBLY
08/13/2019delivered to governor
08/13/2019signed chap.163
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A04421 Committee Votes:

CONSUMER AFFAIRS AND PROTECTION Chair:DenDekker DATE:03/05/2019AYE/NAY:16/0 Action: Favorable refer to committee Codes
DenDekkerAyeMikulinAye
AbbateAyeMcDonoughAye
QuartAyeMillerAye
BuchwaldAyePalumboAye
SimonAye
DilanAye
SeawrightAye
RozicAye
NiouAye
Pheffer AmatoAye
WilliamsAye
FallAye

CODES Chair:Lentol DATE:03/12/2019AYE/NAY:21/0 Action: Favorable
LentolAyeRaAye
SchimmingerAyeGiglioAye
PretlowAyeMontesanoAye
CookAyeMorinelloAye
CymbrowitzAyePalumboAye
O'DonnellAyeGarbarinoAye
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye
RosenthalExcused

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A04421 Floor Votes:

DATE:05/30/2019Assembly Vote  YEA/NAY: 142/1
Yes
Abbate
Yes
Crespo
ER
Gantt
Yes
LiPetri
Yes
Perry
Yes
Simon
Yes
Abinanti
Yes
Crouch
Yes
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Simotas
Yes
Arroyo
Yes
Cruz
ER
Giglio
Yes
Magnarelli
Yes
Pichardo
Yes
Smith
Yes
Ashby
ER
Cusick
Yes
Glick
Yes
Malliotakis
Yes
Pretlow
Yes
Smullen
Yes
Aubry
Yes
Cymbrowitz
Yes
Goodell
Yes
Manktelow
Yes
Quart
Yes
Solages
Yes
Barclay
Yes
Davila
Yes
Gottfried
Yes
McDonald
Yes
Ra
Yes
Stec
Yes
Barnwell
Yes
De La Rosa
Yes
Griffin
ER
McDonough
Yes
Raia
Yes
Steck
Yes
Barrett
Yes
DenDekker
Yes
Gunther
Yes
McMahon
Yes
Ramos
Yes
Stern
Yes
Barron
Yes
DeStefano
Yes
Hawley
Yes
Mikulin
Yes
Raynor
Yes
Stirpe
Yes
Benedetto
Yes
Dickens
Yes
Hevesi
Yes
Miller B
Yes
Reilly
Yes
Tague
Yes
Bichotte
Yes
Dilan
Yes
Hunter
Yes
Miller MG
Yes
Reyes
Yes
Taylor
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Miller ML
Yes
Richardson
Yes
Thiele
Yes
Blankenbush
Yes
DiPietro
Yes
Jacobson
ER
Montesano
Yes
Rivera
Yes
Titus
Yes
Brabenec
Yes
D'Urso
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Vanel
Yes
Braunstein
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Mosley
Yes
Romeo
Yes
Walczyk
Yes
Bronson
Yes
Englebright
Yes
Johns
Yes
Niou
Yes
Rosenthal D
Yes
Walker
Yes
Buchwald
Yes
Epstein
Yes
Jones
ER
Nolan
Yes
Rosenthal L
Yes
Wallace
Yes
Burke
Yes
Fahy
Yes
Joyner
Yes
Norris
Yes
Rozic
Yes
Walsh
Yes
Buttenschon
Yes
Fall
Yes
Kim
ER
O'Donnell
Yes
Ryan
Yes
Weinstein
Yes
Byrne
Yes
Fernandez
Yes
Kolb
Yes
Ortiz
Yes
Salka
Yes
Weprin
Yes
Byrnes
Yes
Finch
Yes
Lalor
Yes
Otis
Yes
Santabarbara
Yes
Williams
Yes
Cahill
Yes
Fitzpatrick
Yes
Lavine
Yes
Palmesano
Yes
Sayegh
Yes
Woerner
Yes
Carroll
No
Friend
Yes
Lawrence
Yes
Palumbo
Yes
Schimminger
Yes
Wright
Yes
Colton
Yes
Frontus
Yes
Lentol
Yes
Paulin
Yes
Schmitt
Yes
Zebrowski
Yes
Cook
Yes
Galef
Yes
Lifton
Yes
Peoples-Stokes
Yes
Seawright
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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A04421 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4421B
 
SPONSOR: Zebrowski (MS)
  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 only sell furniture that complies with federal standards, or no standard exists. an industry standards that require furniture to contain a tip restraint device and has a permanent warning label unless they 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 only sell furniture that complies with federal standards or industry standards that require furniture to contain a tip restraint device and has a permanent warning label. The bill allows retailers to sell furniture that is outside the scope of federal or certain industry standards if they contain a tip restraint device and warning label or if not, the retailer must 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.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION: The amendments clarify that a retailer must sell furniture that complies with federal or certain industry standards unless they offer for sale compatible tip restraint devices and post a notice informing consumers of the risk of furniture tipping.   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 861/4 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 accidentally tipped over and fell on her. The bill will require retailers that sell certain new furniture to only sell furniture that complies with federal standards or industry standards that require furniture to contain a tip restraint device and has a permanent warning label. A retailer may sell furniture that does not comply with federal or industry standards if they 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 poten- tially lifesaving device.   PRIOR LEGISLATIVE HISTORY: A.7516C of 2017-18   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.
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A04421 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4421--B
                                                                Cal. No. 139
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2019
                                       ___________
 
        Introduced   by   M.  of  A.  ZEBROWSKI,  ENGLEBRIGHT,  SIMON,  DICKENS,
          DE LA ROSA, JAFFEE, CRESPO, GUNTHER, McDONOUGH, ORTIZ  --  Multi-Spon-
          sored by -- M. of A.  BUCHWALD, GALEF -- read once and referred to the
          Committee  on Consumer Affairs and Protection -- reported and referred
          to the Committee on Codes -- reported from committee,  advanced  to  a
          third  reading,  amended and ordered reprinted, retaining its place on
          the order of third reading -- again amended on third reading,  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 at least twenty-seven inches in height including but not limited
     7  to 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 furniture conforms to  standards
    14  endorsed  or  established by the federal Consumer Product Safety Commis-
    15  sion or, if no such standard exists,  a  standard  established  by  ASTM
    16  International which requires furniture to contain a tip restraint device
    17  and  carry a permanent warning label, including but not limited to, ASTM
    18  F2057.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05559-04-9

        A. 4421--B                          2
 
     1    3. A person, firm, partnership, association, limited liability  compa-
     2  ny, corporation, or other entity may sell or offer to sell new furniture
     3  that  does  not meet the requirements in subdivision two of this section
     4  if the furniture sold is outside the scope of the  standards  prescribed
     5  in  subdivision  two  of  this  section  and  contains  a compatible tip
     6  restraint device and carries a permanent warning label, or if the furni-
     7  ture is outside the scope of the standards prescribed in subdivision two
     8  of this section and the retailer: (a) maintains in stock and prominently
     9  displays within the store tip restraint devices available for sale  that
    10  are  compatible  with  such  furniture;  and  (b)  posts  a notice, in a
    11  conspicuous location which may be easily seen or reached  by  customers,
    12  that,  in legible format, states: "Certain furniture may become unstable
    13  and tip over, leading to possible injury or death. Tip restraint devices
    14  may prevent tipping of furniture when properly installed."
    15    4. Any  person,  firm,  partnership,  association,  limited  liability
    16  company,  corporation,  or other entity that sells or offers to sell new
    17  furniture to a consumer at retail in violation of the provisions of this
    18  section shall be liable for a civil penalty not to exceed  five  hundred
    19  dollars for each violation.
    20    §  3.  This  act shall take effect on the ninetieth day after it shall
    21  have become a law.
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A04421 LFIN:

 NO LFIN
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A04421 Chamber Video/Transcript:

3-20-19Video (@ 00:35:19)Transcript pdf Transcript html
5-30-19Video (@ 00:37:49)Transcript pdf Transcript html
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