A09207 Summary:

BILL NOA09207
 
SAME ASSAME AS S06383-A
 
SPONSORMorelle
 
COSPNSR
 
MLTSPNSR
 
Amd §399-ccc, Gen Bus L; amd §2, Chap of 2015 (as proposed in S.2696-A and A.3057-A)
 
Relates to certain smoke detecting devices and the effectiveness thereof.
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A09207 Actions:

BILL NOA09207
 
02/03/2016referred to governmental operations
02/09/2016reported
02/18/2016advanced to third reading cal.388
02/24/2016passed assembly
02/24/2016delivered to senate
02/24/2016REFERRED TO RULES
02/25/2016SUBSTITUTED FOR S6383A
02/25/20163RD READING CAL.14
02/25/2016PASSED SENATE
02/25/2016RETURNED TO ASSEMBLY
02/26/2016delivered to governor
03/08/2016signed chap.4
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A09207 Committee Votes:

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A09207 Floor Votes:

DATE:02/24/2016Assembly Vote  YEA/NAY: 133/3
Yes
Abbate
Yes
Curran
Yes
Gunther
Yes
Lupardo
Yes
Paulin
Yes
Simotas
Yes
Abinanti
Yes
Cusick
Yes
Harris
Yes
Lupinacci
Yes
Peoples-Stokes
Yes
Skartados
ER
Arroyo
Yes
Cymbrowitz
Yes
Hawley
Yes
Magee
Yes
Perry
Yes
Skoufis
Yes
Aubry
Yes
Davila
Yes
Hevesi
Yes
Magnarelli
Yes
Pichardo
Yes
Solages
Yes
Barclay
Yes
DenDekker
Yes
Hikind
ER
Malliotakis
Yes
Pretlow
Yes
Stec
Yes
Barrett
Yes
Dilan
Yes
Hooper
Yes
Markey
Yes
Quart
Yes
Steck
Yes
Barron
Yes
Dinowitz
Yes
Hunter
Yes
Mayer
Yes
Ra
Yes
Stirpe
Yes
Benedetto
Yes
DiPietro
Yes
Hyndman
Yes
McDonald
Yes
Raia
Yes
Tedisco
Yes
Bichotte
Yes
Duprey
Yes
Jaffee
Yes
McDonough
Yes
Ramos
Yes
Tenney
Yes
Blake
Yes
Englebright
Yes
Jean-Pierre
Yes
McKevitt
Yes
Richardson
Yes
Thiele
Yes
Blankenbush
Yes
Fahy
Yes
Johns
Yes
McLaughlin
Yes
Rivera
Yes
Titone
Yes
Brabenec
Yes
Farrell
Yes
Joyner
Yes
Miller
Yes
Robinson
ER
Titus
Yes
Braunstein
Yes
Finch
Yes
Kaminsky
Yes
Montesano
Yes
Rodriguez
Yes
Walker
Yes
Brennan
ER
Fitzpatrick
ER
Katz
Yes
Morelle
Yes
Rosenthal
Yes
Walter
Yes
Brindisi
No
Friend
Yes
Kavanagh
Yes
Mosley
Yes
Rozic
Yes
Weinstein
Yes
Bronson
Yes
Galef
Yes
Kearns
Yes
Moya
Yes
Russell
Yes
Weprin
Yes
Buchwald
ER
Gantt
Yes
Kim
Yes
Murray
Yes
Ryan
Yes
Woerner
Yes
Butler
Yes
Garbarino
Yes
Kolb
No
Nojay
Yes
Saladino
Yes
Wozniak
Yes
Cahill
Yes
Giglio
No
Lalor
Yes
Nolan
Yes
Santabarbara
Yes
Wright
Yes
Ceretto
Yes
Gjonaj
Yes
Lavine
Yes
Oaks
Yes
Schimel
Yes
Zebrowski
Yes
Colton
Yes
Glick
Yes
Lawrence
Yes
O'Donnell
Yes
Schimminger
Yes
Mr. Speaker
Yes
Cook
Yes
Goldfeder
Yes
Lentol
Yes
Ortiz
Yes
Seawright
ER
Corwin
Yes
Goodell
ER
Lifton
Yes
Otis
Yes
Sepulveda
Yes
Crespo
Yes
Gottfried
Yes
Linares
Yes
Palmesano
Yes
Simanowitz
Yes
Crouch
ER
Graf
Yes
Lopez
ER
Palumbo
Yes
Simon

‡ Indicates voting via videoconference
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A09207 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9207
 
SPONSOR: Morelle
  TITLE OF BILL: An act to amend the general business law, in relation to certain smoke detecting devices; and to amend a chapter of the laws of 2015 amending the general business law relating to certain smoke detecting devices, as proposed in legislative bills numbers S.2696-A and A.3057-A, in relation to the effectiveness of such chapter   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to amend chapter 583 of the laws of 2015 in order to provide flexibility for the types of devices that will be required to utilize non-removable, non-replaceable battery that powers the device for a minimum of 10 years and to provide for a later effec- tive date of such chapter.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 399-ccc of the general business law to make clear that it will be unlawful for any person or entity to distribute, sell, offer for sale, or import any solely battery operated smoke detecting alarm device powered by a replaceable, removable battery. All soley battery operated smoke detecting devices will be required to employ a non-removable, non-replaceable battery that powers the device for a minimum of 10 years. Section 1 also provides that the state fire administrator may through regulation provide additional devises that such requirements do not apply to. Section 2 amends the effective date of chapter 583 of the laws of 2015 to provide that such law will be effective on April 1, 2019, provided however, that actions necessary to implement rules and regulations are authorized to commence immediately. Section 3 provides for the effective date.   JUSTIFICATION: This bill reflects the agreed upon amendments to chapter 583 of the laws of 2015. (See approval memo 37 of 2015). New York State first required smoke alarms in homes in 1961 and as a result fire deaths have since been cut in half. Smoke alarms that are properly installed and maintained play a vital role in reducing fire deaths and injuries. Yet the data clearly shows that most fire deaths today happen in homes with no smoke alarms or no working alarms. Rendering a smoke alarm inoperable by tampering with the alarm, removing its batteries or failing to change its batteries can result in deadly consequences. In the Consumer Products Safety Commission's National Smoke Detector Project, 32% of consumers disable their smoke alarm when they experienced unwanted alarm activation from such sources as cooking, steam, cigarettes, dust or low battery chirps. Long life, tamper resistant smoke alarms go to the core of addressing disablement and failed maintenance by consumers, and do so in a cost effective way. In recent years advancements have led to smoke alarms that today prevent consumer tampering and that can power the alarm for a minimum of ten years. As these alarms have become more available and affordable, requiring the replacement of existing battery operated smoke alarms with this more maintenance free alarms will drive down fire deaths and injuries.   PRIOR LEGISLATIVE HISTORY: This is new legislation.   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect on the same date and in the same manner as a chapter of the laws of 2015, amending the general business law relating to certain smoke detecting devices, as proposed in legislative bills numbers S. 2696-A and A. 3057-A, takes effect.
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A09207 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9207
 
                   IN ASSEMBLY
 
                                    February 3, 2016
                                       ___________
 
        Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
          tee on Governmental Operations
 
        AN ACT to amend the general business law, in relation to  certain  smoke
          detecting devices; and to amend a chapter of the laws of 2015 amending
          the  general business law relating to certain smoke detecting devices,
          as proposed in legislative bills numbers  S.2696-A  and  A.3057-A,  in
          relation to the effectiveness of such chapter
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 399-ccc of the general business law, as added by  a
     2  chapter  of the laws of 2015, amending the general business law relating
     3  to certain smoke detecting devices, as  proposed  in  legislative  bills
     4  numbers S. 2696-A and A. 3057-A, is amended to read as follows:
     5    §  399-ccc.  Smoke  detecting devices. 1. It shall be unlawful for any
     6  person or entity to distribute, sell, offer  for  sale,  or  import  any
     7  solely  battery  operated  smoke  detecting  alarm  device  powered by a
     8  replaceable, removable battery [not capable of powering such device  for
     9  a  minimum  of ten years].   All solely battery operated smoke detecting
    10  alarm devices that are distributed, sold, offered for sale, or imported,
    11  shall employ a non-removable, non-replaceable battery  that  powers  the
    12  device for a minimum of ten years.
    13    2.  All  product  packaging containing a solely battery operated smoke
    14  detecting alarm device shall include the following information:
    15    (a) the manufacturer's name or  registered  trademark  and  the  model
    16  number of the smoke detecting alarm device; and
    17    (b)  that such alarm device is designed to have a minimum battery life
    18  of ten years.
    19    3. The provisions of this section shall not apply  to  solely  battery
    20  operated  smoke  detecting alarm [device] devices powered by a replacea-
    21  ble, removable battery [not capable of powering such device for a  mini-
    22  mum  of ten years which] that have been ordered by, or are in the inven-
    23  tory of, owners, managing agents, contractors, wholesalers or  retailers
    24  on  or before the effective date of this section. The provisions of this
    25  section shall not apply to smoke detecting alarm  devices  [which]  that
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04737-09-6

        A. 9207                             2
 
     1  receive  their  power  from  the electrical system of the building, fire
     2  alarm systems with smoke detectors, fire alarm devices that connect to a
     3  panel, [or other] devices that use a low-power radio frequency  wireless
     4  communication  signal,  or such other devices as the state fire adminis-
     5  trator shall designate through its regulatory process.
     6    § 2. Section 2 of a chapter of the laws of 2015, amending the  general
     7  business law relating to certain smoke detecting devices, as proposed in
     8  legislative  bills  numbers S.2696-A and A.3057-A, is amended to read as
     9  follows:
    10    § 2. This act shall  take  effect  [January]  April  1,  [2017]  2019;
    11  provided however, that effective immediately, all actions and procedures
    12  with  respect  to the proposed adoption, amendment, suspension or repeal
    13  of any rule or regulation necessary for  the  timely  implementation  of
    14  this  act are [directed and] authorized to be made [and completed] on or
    15  before such effective date.
    16    § 3. This act shall take effect on the  same  date  and  in  the  same
    17  manner  as  a chapter of the laws of 2015, amending the general business
    18  law relating to certain smoke detecting devices, as proposed in legisla-
    19  tive bills numbers S. 2696-A and A.  3057-A, takes effect.
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