A03057 Summary:

BILL NO    A03057A

SAME AS    SAME AS S02696-A

SPONSOR    Morelle (MS)

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
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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:

BILL NUMBER:A3057A

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
unlawful 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
manufacturer'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
detecting 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
governmental operations 2013/2014: A5200C - referred to governmental
operations 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:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        3057--A

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   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    S  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    S  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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