Colorado Legislative Council Staff

NO FISCAL IMPACT


Drafting Number:

Prime Sponsor(s):

LLS 98-077

Sen. Pascoe

Rep. Morrison

Date:

Bill Status:

Fiscal Analyst:

January 6, 1998

Senate HEWI

Janis Baron (866-3523)

 

TITLE:            CONCERNING ACTIONS TO PROTECT AGAINST UNSAFE USED INFANT CRIBS.



Summary of Legislation


            This bill includes the following provisions:

 

               prohibits commercial dealers from placing an unsafe used infant crib into the stream of commerce;

 

               identifies several sections of the Code of Federal Regulations and the Voluntary Standards of the American Society for Testing Materials as defining the standards for determining whether a crib is unsafe;

 

               allows a parent or guardian who purchases an unsafe used crib, on or after July 1, 1998, to bring an action against the commercial dealer for an injunction to prevent the further sale of unsafe used cribs, return of purchase price, reasonable attorney fees and costs, and, if the infant is injured or dies as a result of using the unsafe used crib, double the amount of damages sustained by the infant; and

 

               is effective July 1, 1998, and applies to used crib sales on or after that date.


            The bill is assessed as having no fiscal impact; it places no new requirements or regulatory responsibilities on state departments or agencies. The burden of the legislation is placed on commercial dealers. The Judicial Branch indicates that few court cases would be generated by this legislation and any costs associated with those would be minimal and absorbed within existing appropriations.

 


Departments Contacted


            Public Health and Environment — Consumer Protection Division

            Regulatory Agencies

            Judicial