New York State Assembly

 
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A00256 Summary:

A00256 Actions:

A00256 Committee Votes:

Committee:CONSUMER AFFAIRS AND PROTECTION   Chair:Rozic      
DATE:04/26/2021AYE/NAY:16/0  Action: Favorable refer to committee Codes        
Rozic
Aye
Mikulin
Aye
Abbate
Aye
McDonough
Aye
Quart
Aye
Miller
Aye
Simon
Aye
Giglio
Aye
Niou
Aye
Pheffer Amato
Aye
Williams
Aye
Fall
Aye
Burgos
Aye
Gallagher
Aye
Rajkumar
Aye
Forrest
Aye

Committee:CODES   Chair:Dinowitz      
DATE:05/04/2021AYE/NAY:22/0  Action: Favorable         
Dinowitz
Aye
Morinello
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Montesano
Aye
Cymbrowitz
Aye
Reilly
Aye
O'Donnell
Aye
Mikulin
Aye
Lavine
Aye
Tannousis
Aye
Perry
Aye
Abinanti
Aye
Weprin
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye

A00256 Floor Votes:

A00256 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           256
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  M.  of A. PAULIN, DINOWITZ, ENGLEBRIGHT, GALEF, GRIFFIN,
          JACOBSON, McDONOUGH, SEAWRIGHT  --  read  once  and  referred  to  the
          Committee on Consumer Affairs and Protection
 
        AN ACT to amend the general business law, in relation to the prohibition
          of the sale of infant inclined sleepers and the restriction of the use
          of such sleepers in certain settings
 
          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-iii to read as follows:
     3    § 399-iii. Prohibit the sale of infant inclined sleepers and  restrict
     4  use  of  such inclined sleepers in certain settings. 1. For the purposes
     5  of this section:  (a) "Infant inclined sleeper" shall mean a free stand-
     6  ing product with  an  inclined  sleep  surface  primarily  intended  and
     7  marketed  to  provide  sleeping  accommodations for an infant up to five
     8  months old or when the infant begins to roll over  or  pull  up  on  the
     9  sides of the sleeper, whichever comes first.
    10    (b) "Distributor" shall mean any person who delivers to a person other
    11  than the purchaser, for the purpose of retail sale.
    12    (c) "Manufacturer" shall mean any person who makes and places into the
    13  stream  of  commerce  an  infant  inclined  sleeper  as  defined by this
    14  section.
    15    (d) "Retailer" shall have the same meaning as set forth in subdivision
    16  eleven of section four hundred ninety-a of this chapter.
    17    (e) "Secondhand dealer" shall have the same meaning as  set  forth  in
    18  subdivision six of section four hundred ninety-a of this chapter.
    19    (f)  "Child  care  facility" shall mean any child day care provider as
    20  defined in section three hundred ninety of the social  services  law  or
    21  child  care  program  as  defined in article forty-seven of the New York
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02081-01-1
        A. 256                              2
 
     1  city health code as authorized by section five  hundred  fifty-eight  of
     2  the New York city charter.
     3    (g)  "Person"  shall mean a natural person, firm, corporation, limited
     4  liability company, association, or an employee or  agent  of  a  natural
     5  person or an entity included in this definition.
     6    2.  No  manufacturer,  importer,  distributor, wholesaler, retailer or
     7  secondhand dealer shall sell, lease, offer for sale, or offer for  lease
     8  in this state any infant inclined sleeper.
     9    3.  (a)  On or after the effective date of this section, no child care
    10  facility shall use or have on the premises any infant  inclined  sleeper
    11  unless  a  medical  professional  has  determined  that use of an infant
    12  inclined sleeper is medically necessary for a particular child  in  such
    13  child care facility.
    14    (b)  The  office of children and family services, in consultation with
    15  the city of New York department of  health  and  mental  hygiene,  shall
    16  notify  child  care  facilities of the provisions of this subdivision in
    17  plain, non-technical language. Such notice shall be given to every child
    18  care facility upon the effective date of this  section  or  as  soon  as
    19  practicable  thereafter,  and  such  notice  shall also be given to each
    20  applicant for license or registration pursuant to section three  hundred
    21  ninety of the social services law.
    22    (c)  The office of children and family services shall promulgate rules
    23  and regulations to carry out the provisions of  this  subdivision,  with
    24  respect to the ban on infant inclined sleepers in child care facilities.
    25    4.  Whenever  there  shall  be  a violation of subdivision two of this
    26  section an application may be made by the attorney general in  the  name
    27  of  the  people  of  the  state of New York to a court or justice having
    28  jurisdiction by a special proceeding to issue an  injunction,  and  upon
    29  notice  to  the  defendant  of  not  less  than five days, to enjoin and
    30  restrain the continuance of such violations; and if it shall  appear  to
    31  the  satisfaction  of  the  court  or justice that the defendant has, in
    32  fact, violated this section, an injunction may be issued by the court or
    33  justice, enjoining  and  restraining  any  further  violations,  without
    34  requiring  proof  that  any person has, in fact, been injured or damaged
    35  thereby. In any such proceeding, the court may make  allowances  to  the
    36  attorney  general  as  provided  in  paragraph six of subdivision (a) of
    37  section eighty-three hundred three of the civil practice law and  rules,
    38  and  direct  restitution.  Whenever  the  court  shall  determine that a
    39  violation of subdivision two of this section has occurred, the court may
    40  impose a civil penalty of not more than five hundred  dollars  for  each
    41  violation.  Each sale of an infant inclined sleeper in violation of this
    42  section  shall  constitute a separate violation.  In connection with any
    43  such proposed application, the attorney general is  authorized  to  take
    44  proof  and  make  a  determination  of  the  relevant facts and to issue
    45  subpoenas in accordance with the civil practice law and rules.
    46    5. If any provision of this section or the application thereof to  any
    47  person  or  circumstance is held unconstitutional, such invalidity shall
    48  not affect other provisions or applications of this section which can be
    49  given effect without the invalid provision or application, and  to  this
    50  end the provisions of this section are severable.
    51    §  2.  This  act  shall take effect on the sixtieth day after it shall
    52  have become a law.