New York State Assembly

 
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A00325 Summary:

A00325 Actions:

A00325 Committee Votes:

Committee:CONSUMER AFFAIRS AND PROTECTION   Chair:Rozic      
DATE:01/31/2023AYE/NAY:16/0  Action: Favorable refer to committee Codes        
Rozic
Aye
Mikulin
Aye
Fall
Aye
Miller
Aye
Burgos
Aye
Blumencranz
Aye
Gallagher
Aye
Beephan
Aye
Rajkumar
Aye
Maher
Aye
Forrest
Aye
Wallace
Aye
Bores
Aye
Lee
Aye
Alvarez
Aye
Simone
Aye

Committee:CODES   Chair:Dinowitz      
DATE:01/31/2023AYE/NAY:21/0  Action: Favorable         
Dinowitz
Aye
Morinello
Aye
Pretlow
Aye
Reilly
Aye
Cook
Aye
Mikulin
Aye
O'Donnell
Aye
Tannousis
Aye
Lavine
Aye
Curran
Aye
Weprin
Aye
Angelino
Aye
Hevesi
Aye
Flood
Aye
Seawright
Aye
Rosenthal
Excused
Walker
Aye
Vanel
Aye
Cruz
Aye
Carroll
Aye
Simon
Aye
Epstein
Aye

A00325 Floor Votes:

A00325 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         325--A
                                                                 Cal. No. 17
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 4, 2023
                                       ___________
 
        Introduced  by  M.  of  A. PAULIN, McDONOUGH, SEAWRIGHT, DINOWITZ, FAHY,
          WEPRIN, SIMON -- read once and referred to the Committee  on  Consumer
          Affairs  and  Protection  --  ordered  to a third reading -- passed by
          Assembly and delivered to the Senate, recalled from the  Senate,  vote
          reconsidered,  bill amended, ordered reprinted, retaining its place on
          the order of third reading
 
        AN ACT to amend the general business law, in relation to prohibiting the
          sale of infant walkers and restricting the use of such infant  walkers
          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-kk to read as follows:
     3    § 399-kk. Prohibit the sale of infant walkers and restrict use of such
     4  walkers in certain settings. 1. For the purposes of this section:
     5    (a) "Infant walker" shall mean a fully enclosed  mobile  unit  with  a
     6  seated area and wheeled based that enables a child to move on a horizon-
     7  tal surface when propelled by such child while seated or standing within
     8  the enclosed unit.
     9    (b) "Distributor" shall mean any person who delivers to a person other
    10  than purchaser, for the purpose of retail sale.
    11    (c) "Manufacturer" shall mean any person who makes and places into the
    12  stream of commerce an infant walker as defined by this section.
    13    (d) "Retailer" shall have the same meaning as set forth in subdivision
    14  eleven of section four hundred ninety-a of this chapter.
    15    (e)  "Secondhand  dealer"  shall have the same meaning as set forth in
    16  subdivision six of section four hundred ninety-a of this chapter.
    17    (f) "Child care facility" shall mean any child day  care  provider  as
    18  defined  in  section  three hundred ninety of the social services law or
    19  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.
                                                                   LBD01652-05-4
        A. 325--A                           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 walker.
     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  walker  unless  a
    11  medical  professional  has  determined  that  use of an infant walker is
    12  medically necessary for a particular child in such child care facility.
    13    (b) The office of children and family services, in  consultation  with
    14  the  city  of  New  York  department of health and mental hygiene, shall
    15  notify child care facilities of the provisions of  this  subdivision  in
    16  plain, non-technical language. Such notice shall be given to every child
    17  care  facility  upon  the  effective  date of this section or as soon as
    18  practicable thereafter, and such notice shall  also  be  given  to  each
    19  applicant  for license or registration pursuant to section three hundred
    20  ninety of the social services law.
    21    (c) The office of children and family services shall promulgate  rules
    22  and  regulations  to  carry out the provisions of this subdivision, with
    23  respect to the ban on infant walkers in child care facilities.
    24    4. Whenever there shall be a violation  of  subdivision  two  of  this
    25  section  an  application may be made by the attorney general in the name
    26  of the people of the state of New York to  a  court  or  justice  having
    27  jurisdiction  by  a  special proceeding to issue an injunction, and upon
    28  notice to the defendant of not  less  than  five  days,  to  enjoin  and
    29  restrain  the  continuance of such violations; and if it shall appear to
    30  the satisfaction of the court or justice  that  the  defendant  has,  in
    31  fact, violated this section, an injunction may be issued by the court or
    32  justice,  enjoining  and  restraining  any  further  violations, without
    33  requiring proof that any person has, in fact, been  injured  or  damaged
    34  thereby.  In  any  such proceeding, the court may make allowances to the
    35  attorney general as provided in paragraph  six  of  subdivision  (a)  of
    36  section  eighty-three hundred three of the civil practice law and rules,
    37  and direct restitution.  Whenever  the  court  shall  determine  that  a
    38  violation of subdivision two of this section has occurred, the court may
    39  impose  a  civil  penalty of not more than five hundred dollars for each
    40  violation. Each sale of an infant walker in violation  of  this  section
    41  shall  constitute  a  separate  violation.  In  connection with any such
    42  proposed application, the attorney general is authorized to  take  proof
    43  and make a determination of the relevant facts and to issue subpoenas in
    44  accordance with the civil practice law and rules.
    45    5.  If any provision of this section or the application thereof to any
    46  person or circumstance is held unconstitutional, such  invalidity  shall
    47  not affect other provisions or applications of this section which can be
    48  given  effect  without the invalid provision or application, and to this
    49  end the provisions of this section are severable.
    50    § 2. This act shall take effect on the ninetieth day  after  it  shall
    51  have become a law. Effective immediately, the addition, amendment and/or
    52  repeal  of  any  rule  or regulation necessary for the implementation of
    53  this act on its effective date are authorized and directed  to  be  made
    54  and completed on or before such effective date.