A03057 Summary:

BILL NO    A03057A

SAME AS    SAME AS S02696-A

SPONSOR    Morelle

COSPNSR    Rosenthal, Benedetto, Zebrowski, Cook, Steck, Moya, Jaffee,
           Peoples-Stokes, Robinson, Englebright, Galef, Crespo, Titus,
           Buchwald, Schimel, Stirpe, Kaminsky, Johns

MLTSPNSR   Braunstein, Brennan, Curran, Glick, Markey, Rivera, Skartados,
           Thiele, Titone

Add S399-ccc, Gen Bus L

Provides that batteries in battery operated single station smoke detecting
alarm devices shall be non-replaceable, non-removable and capable of powering
the devices for a minimum of ten years.
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A03057 Actions:

BILL NO    A03057A

01/22/2015 referred to governmental operations
04/21/2015 amend and recommit to governmental operations
04/21/2015 print number 3057a
05/28/2015 reported referred to codes
06/08/2015 reported referred to rules
06/10/2015 reported 
06/10/2015 rules report cal.220
06/10/2015 ordered to third reading rules cal.220
06/16/2015 passed assembly
06/16/2015 delivered to senate
06/16/2015 REFERRED TO RULES
06/24/2015 SUBSTITUTED FOR S2696A
06/24/2015 PASSED SENATE
06/24/2015 RETURNED TO ASSEMBLY
12/16/2015 delivered to governor
12/28/2015 signed chap.583
12/28/2015 approval memo.37
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A03057 Votes:

A03057A06/16/2015 147/1
AbbateYClarkERGanttYKimYMorelleYRichardYStecY
AbinantYColtonYGarbariYKolbYMosleyYRiveraYSteckY
ArroyoYCookYGiglioYLalorYMoyaYRobertsYStirpeY
AubryYCorwinYGjonajYLavineYMurrayYRobinsoYTediscoY
BarclayYCrespoYGlickYLawrencYNojayYRodriguYTenneyY
BarrettYCrouchYGoldfedYLentolYNolanYRosenthYThieleY
BarronYCurranYGoodellYLiftonYOaksYRozicYTitoneY
BenedetYCusickYGottfriYLinaresYO'DonneYRussellYTitusY
BichottYCymbrowYGrafYLopezYOrtizYRyanYWalkerY
BlakeYDavilaYGuntherYLupardoYOtisYSaladinYWalterY
BlankenYDenDekkYHawleyYLupinacYPalmesaYSantabaYWeinsteY
BorelliYDilanYHevesiYMageeYPalumboYSchimelYWeprinY
BrabeneYDinowitYHikindYMagnareYPaulinYSchimmiYWoernerY
BraunstYDiPietrYHooperYMalliotYPeoplesYSeawrigYWozniakY
BrennanYDupreyYJaffeeYMarkeyYPerryYSepulveYWrightY
BrindisYEnglebrYJean-PiYMayerYPersaudYSilverYZebrowsY
BronsonYFahyYJohnsYMcDonalYPichardYSimanowYMr SpkrY
Brook-KYFarrellYJoynerYMcDonouYPretlowYSimonY
BuchwalYFinchYKaminskYMcKevitYQuartYSimotasY
ButlerYFitzpatYKatzYMcLaughYRaYSkartadY
CahillYFriendNOKavanagYMillerYRaiaYSkoufisY
CerettoYGalefYKearnsYMontesaYRamosYSolagesY

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A03057 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3057A
 
SPONSOR: Morelle (MS)
  TITLE OF BILL: An act to amend the general business law, in relation to certain smoke detecting devices   PURPOSE OR GENERAL IDEA OF BILL: This legislation provides that battery operated smoke detectors within homes have batteries that are non-replaceable, non-removable and will power the device for a minimum of ten years.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 adds a new section 399-ccc sub-section 1 that makes it unlaw- ful for any person to distribute, sell, offer for sale, install or import any smoke detecting device, which is battery operated and is not powered by a battery that is non-replaceable, non-removable and capable of powering the device for a minimum of ten years. Sub-section 2 requires that the product packaging include the manufac- turer's name or registered trademark and model number and state that the. battery has a minimum life of 10 years. Sub-section 3 provision of this section shall not apply to smoke detect- ing devices which have been ordered by, or are in inventory of owners, managing agents, contractors wholesalers or retailers on or Wore the effective date. Also applies to devices which receive their power from the electrical system of a building, fire alarm systems with smoke detectors, fire alarm devices that connect to a panel or other devices with low-power radio frequency wireless communication signal. Section 2 is the effective date.   JUSTIFICATION: 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. Rending 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: 2011/2012: A10631-A - referred to govern- mental operations 2013/2014: A5200C - referred to governmental oper- ations reported to Rules   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect on January 1, 2017; provided however, that effective immediately, all actions and procedures with respect to the proposed adoption, amendment, suspension or repeal of any rule or regulation for timely implementation of this act are directed and authorized to be made and completed on or before such effective date.
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A03057 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3057--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2015
                                       ___________
 
        Introduced  by  M. of A. MORELLE, ROSENTHAL, BENEDETTO, ZEBROWSKI, COOK,
          STECK, MOYA, JAFFEE,  PEOPLES-STOKES,  ROBINSON,  ENGLEBRIGHT,  GALEF,
          CRESPO,  TITUS,  BROOK-KRASNY -- Multi-Sponsored by -- M. of A. BRAUN-
          STEIN, BRENNAN, GLICK, MARKEY, RIVERA, SKARTADOS,  THIELE,  TITONE  --
          read  once and referred to the Committee on Governmental Operations --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
 
        AN  ACT  to amend the general business law, in relation to certain smoke
          detecting devices
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The general business law is amended by adding a new section
     2  399-ccc to read as follows:
     3    §  399-ccc.  Smoke  detecting devices. 1. It shall be unlawful for any
     4  person or entity to distribute, sell, offer  for  sale,  or  import  any
     5  solely  battery  operated  smoke  detecting  alarm  device  powered by a
     6  replaceable, removable battery not capable of powering such device for a
     7  minimum of ten years.
     8    2. All product packaging containing a solely  battery  operated  smoke
     9  detecting alarm device shall include the following information:
    10    (a)  the  manufacturer's  name  or  registered trademark and the model
    11  number of the smoke detecting alarm device; and
    12    (b) that such alarm device is designed to have a minimum battery  life
    13  of ten years.
    14    3.  The  provisions  of this section shall not apply to solely battery
    15  operated smoke detecting alarm device powered by a replaceable,  remova-
    16  ble  battery  not  capable  of powering such device for a minimum of ten
    17  years which have been ordered by, or are in the  inventory  of,  owners,
    18  managing  agents, contractors, wholesalers or retailers on or before the
    19  effective date of this section. The provisions of this section shall not
    20  apply to smoke detecting alarm devices which receive  their  power  from
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04737-03-5

        A. 3057--A                          2
 
     1  the  electrical  system  of  the building, fire alarm systems with smoke
     2  detectors, fire alarm devices that connect to a panel, or other  devices
     3  that use a low-power radio frequency wireless communication signal.
     4    §  2.  This  act  shall take effect January 1, 2017; provided however,
     5  that effective immediately, all actions and procedures with  respect  to
     6  the  proposed  adoption,  amendment, suspension or repeal of any rule or
     7  regulation necessary for the  timely  implementation  of  this  act  are
     8  directed  and  authorized  to  be  made  and completed on or before such
     9  effective date.
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