SENATE BILL 98023
BY SENATORS Pascoe, Hernandez, Hopper, Martinez, Phillips, Rupert, Tanner, and Thiebaut;
also REPRESENTATIVES Morrison, Bacon, Chavez, Gordon,
Leyba, Mace, Snyder, Tate, and Udall.
CONCERNING ACTIONS TO PROTECT AGAINST UNSAFE USED
INFANT CRIBS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Part
1 of article 21 of title 13, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SECTION to read:
1321105.5. Infant crib
safety act legislative declaration definitions
safety standards exemptions action for damages.
(1) THIS SECTION SHALL BE KNOWN AND MAY BE CITED AS
THE "INFANT USED CRIB SAFETY ACT OF 1998".
(2) THE GENERAL ASSEMBLY HEREBY FINDS
THAT PARENTS=
USE OF USED INFANT CRIBS OCCASIONALLY RESULTS IN CRIB ACCIDENTS
THAT MAY LEAD TO INFANTS' INJURIES OR DEATHS, AND THEREFORE SUCH
USED CRIBS POSE A SERIOUS THREAT TO THE PUBLIC HEALTH, SAFETY,
AND WELFARE. THE GENERAL ASSEMBLY FURTHER FINDS THAT THE MAJORITY
OF PARENTS USE SECONDHAND, HANDMEDOWN, OR HEIRLOOM
CRIBS FOR THEIR INFANTS AND THEREFORE IT IS ESPECIALLY IMPORTANT
TO RAISE PUBLIC AWARENESS OF THE DANGERS OF USED CRIBS IN ORDER
TO PREVENT THE INJURIES OR DEATHS THAT MAY RESULT FROM THEIR USE.
THE GENERAL ASSEMBLY FINDS THAT THE DESIGN AND CONSTRUCTION OF
INFANT CRIBS MUST ENSURE THAT THEY ARE SAFE FOR AN INFANT=S
USE, THEREBY PROVIDING THE INFANT=S
PARENT OR OTHER CAREGIVER SOME DEGREE OF CONFIDENCE IN USING THE
CRIB. THE GENERAL ASSEMBLY THEREFORE CONCLUDES THAT DISCOURAGING
THE SALE, LEASE, OR SUBLETTING OF UNSAFE USED CRIBS, WILL SIGNIFICANTLY
REDUCE THE NUMBER OF INJURIES AND DEATHS CAUSED BY USED INFANT
CRIBS.
(3) AS USED IN THIS SECTION, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(a) "COMMERCIAL DEALER" MEANS
ANY PERSON OR ENTITY WHO:
(I) REGULARLY DEALS IN USED FULLSIZE
OR NONFULLSIZE CRIBS; OR
(II) REGULARLY SELLS, LEASES, SUBLETS,
OR OTHERWISE PLACES IN THE STREAM OF COMMERCE USED FULLSIZE
OR NONFULLSIZE CRIBS; OR
(III) PURCHASES ONE OR MORE USED FULLSIZE
OR NONFULLSIZE CRIBS FOR THE PURPOSE OF RESALE.
(b) "CRIB" MEANS A BED OR CONTAINMENT
DESIGNED TO ACCOMMODATE AN INFANT.
(c) "FULLSIZE CRIB" MEANS
A FULLSIZE CRIB AS DEFINED IN 16 CFR SEC. 1508.1 (a),
REGARDING THE REQUIREMENTS FOR FULLSIZE CRIBS.
(d) "INFANT" MEANS ANY PERSON
LESS THAN THIRTYFIVE INCHES TALL AND LESS THAN THREE YEARS
OF AGE.
(e) "NONFULLSIZE CRIB"
MEANS A NONFULLSIZE CRIB AS DEFINED IN 16 CFR SEC. 1509.2
(b), REGARDING THE REQUIREMENTS FOR NONFULLSIZE CRIBS.
(f) "USED" MEANS PREVIOUSLY
OWNED BY A CONSUMER.
(4) NO COMMERCIAL DEALER MAY SELL, CONTRACT TO SELL OR RESELL, LEASE, SUBLET, OR OTHERWISE PLACE IN THE STREAM OF COMMERCE A USED FULLSIZE OR NONFULLSIZE CRIB THAT IS UNSAFE AT THE TIME OF SALE OR LEASE, AS PROVIDED IN SUBSECTION (6) OF THIS SECTION.
(5) (a) THE CONSUMER PROTECTION DIVISION
OF THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT SHALL
MAKE AVAILABLE TO THE PUBLIC A COPY OF THE FEDERAL STANDARDS AND
A COPY OF THE VOLUNTARY STANDARDS OF THE AMERICAN SOCIETY FOR
TESTING MATERIALS AS SPECIFIED IN PARAGRAPH (b) OF THIS SUBSECTION
(5). ONE COPY SHALL ALSO BE PROVIDED TO THE STATE PUBLICATIONS
DEPOSITORY AND DISTRIBUTION CENTER. THE STATE LIBRARIAN SHALL
RETAIN A COPY OF THE MATERIAL AND SHALL MAKE A COPY AVAILABLE
FOR INTERLIBRARY LOANS.
(b) THE PROVISIONS OF THIS SUBSECTION
(5) APPLY TO THE FOLLOWING MATERIALS:
(I) 16 CFR SEC. 1508 ET SEQ., AND ANY
SUBSEQUENT AMENDMENTS OR ADDITIONS TO SAID SECTIONS;
(II) 16 CFR SEC. 1509 ET SEQ., AND ANY
SUBSEQUENT AMENDMENTS OR ADDITIONS TO SAID SECTIONS;
(III) 16 CFR SEC. 1303 ET SEQ., AND ANY
SUBSEQUENT AMENDMENTS OR ADDITIONS TO SAID SECTIONS; AND
(IV) THE VOLUNTARY STANDARDS OF THE AMERICAN
SOCIETY FOR TESTING MATERIALS, OR ANY SUCCESSOR ORGANIZATION.
(6) ANY USED CRIB THAT HAS ANY OF THE
FOLLOWING DANGEROUS FEATURES OR CHARACTERISTICS AT THE TIME OF
SALE OR LEASE SHALL BE PRESUMED TO BE UNSAFE PURSUANT TO THIS
SECTION:
(a) CORNER POSTS THAT EXTEND MORE THAN
ONESIXTEENTH OF AN INCH;
(b) SPACES BETWEEN SIDE SLATS THAT ARE
WIDER THAN TWO AND THREEEIGHTHS INCHES;
(c) MATTRESS SUPPORTS THAT MAY BE EASILY
DISLODGED FROM ANY POINT OF THE CRIB. A MATTRESS SEGMENT MAY
BE EASILY DISLODGED IF IT CANNOT WITHSTAND AT LEAST A TWENTYFIVE
POUND UPWARD FORCE FROM UNDERNEATH THE CRIB.
(d) CUTOUT DESIGNS ON THE END PANELS OF
THE CRIB;
(e) RAIL HEIGHT DIMENSIONS THAT DO NOT
CONFORM TO THE FOLLOWING:
(I) THE HEIGHT OF THE RAIL AND END PANEL
AS MEASURED FROM THE TOP OF THE RAIL OR PANEL IN ITS LOWEST POSITION
TO THE TOP OF THE MATTRESS SUPPORT IN ITS HIGHEST POSITION IS
AT LEAST TWENTYTWO AND EIGHT TENTHS CENTIMETERS OR NINE
INCHES;
(II) THE HEIGHT OF THE RAIL AND END PANEL
AS MEASURED FROM THE TOP OF THE RAIL OR PANEL IN ITS HIGHEST POSITION
TO THE TOP OF THE MATTRESS SUPPORT IN ITS LOWEST POSITION IS AT
LEAST SIXTYSIX CENTIMETERS OR TWENTYSIX INCHES;
(f) ANY SCREWS, BOLTS, OR HARDWARE THAT
ARE LOOSE AND NOT SECURED;
(g) SHARP EDGES, POINTS, OR ROUGH SURFACES
OR ANY WOOD SURFACES THAT ARE NOT SMOOTH AND FREE FROM SPLINTERS,
SPLITS, OR CRACKS;
(h) NONFULLSIZE CRIBS WITH TEARS
IN MESH OR FABRIC SIDES.
(7) A CRIB IS EXEMPT FROM THE PROVISIONS
OF THIS SECTION IF:
(a) IT IS NOT INTENDED FOR USE BY AN INFANT;
AND
(b) AT THE TIME OF SELLING, RESELLING,
LEASING, OR SUBLETTING THE CRIB OR OTHERWISE PLACING THE CRIB
IN THE STREAM OF COMMERCE, THE COMMERCIAL DEALER ATTACHES A WRITTEN
NOTICE TO THE CRIB DECLARING THAT IT IS NOT INTENDED TO BE USED
FOR AN INFANT AND IS UNSAFE FOR USE BY AN INFANT.
(8) (a) A PERSON WHO IS A PARENT
OR GUARDIAN OF AN INFANT AND WHO PURCHASES A USED CRIB ON OR AFTER
JULY 1, 1998, THAT, AT THE TIME OF SALE OR LEASE, IS PRESUMED
TO BE UNSAFE AS PROVIDED IN SUBSECTION (6) OF THIS SECTION MAY
BRING AN ACTION, ON THE PARENT=S
OR GUARDIAN=S
OWN BEHALF AND ON BEHALF OF THE INFANT, AGAINST THE COMMERCIAL
DEALER FROM WHOM THE PARENT OR GUARDIAN PURCHASED THE USED CRIB.
IN SUCH ACTION, THE PARENT OR GUARDIAN MAY SEEK TO ENJOIN THE
COMMERCIAL DEALER FROM SELLING, CONTRACTING TO SELL, CONTRACTING
TO RESELL, LEASING, OR SUBLETTING ANY USED FULLSIZE OR NONFULLSIZE
CRIB THAT, AT THE TIME OF SALE OR LEASE, IS PRESUMED TO BE UNSAFE
AS PROVIDED IN SUBSECTION (6) OF THIS SECTION.
(b) IN ADDITION TO AN INJUNCTION, THE
PARENT OR GUARDIAN MAY SEEK RETURN OF THE PURCHASE PRICE OF THE
CRIB, REASONABLE ATTORNEY FEES AND COSTS, AND, IF THE INFANT HAS
SUSTAINED INJURY OR DEATH AS A RESULT OF USING THE CRIB, SUCH
ADDITIONAL DAMAGES AS ARE PROVIDED BY LAW.
SECTION 2. Effective
date applicability. This act shall take
effect July 1, 1998, and shall apply to used crib sales occurring
on or after said date.
SECTION 3. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Patricia K. Dicks Judith M. Rodrigue
ASSISTANT SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO