New York State Assembly

 
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A00564 Summary:

A00564 Actions:

A00564 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

A00564 Floor Votes:

A00564 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         564--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  M.  of  A. PAULIN, McDONOUGH, SEAWRIGHT, DINOWITZ, FAHY,
          GOTTFRIED, WEPRIN, PHEFFER AMATO, SIMON -- read once and  referred  to
          the   Committee  on  Consumer  Affairs  and  Protection  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        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-k to read as follows:
     3    § 399-k. 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 mobile unit that enables a child to
     6  move on a horizontal surface when propelled by  such  child  while  such
     7  child is sitting or standing within such mobile unit.
     8    (b) "Distributor" shall mean any person who delivers to a person other
     9  than purchaser, for the purpose of retail sale.
    10    (c) "Manufacturer" shall mean any person who makes and places into the
    11  stream of commerce an infant walker as defined by this section.
    12    (d) "Retailer" shall have the same meaning as set forth in subdivision
    13  eleven of section four hundred ninety-a of this chapter.
    14    (e)  "Secondhand  dealer"  shall have the same meaning as set forth in
    15  subdivision six of section four hundred ninety-a of this chapter.
    16    (f) "Child care facility" shall mean any child day  care  provider  as
    17  defined  in  section  three hundred ninety of the social services law or
    18  child care program as defined in article forty-seven  of  the  New  York
    19  city  health  code  as authorized by section five hundred fifty-eight of
    20  the New York city charter.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01835-03-1
        A. 564--A                           2
 
     1    (g) "Person" shall mean a natural person, firm,  corporation,  limited
     2  liability  company,  association,  or  an employee or agent of a natural
     3  person or an entity included in this definition.
     4    2.  No  manufacturer,  importer,  distributor, wholesaler, retailer or
     5  secondhand dealer shall sell, lease, offer for sale, or offer for  lease
     6  in this state any infant walker.
     7    3.  (a)  On or after the effective date of this section, no child care
     8  facility shall use or have on the premises any infant  walker  unless  a
     9  medical  professional  has  determined  that  use of an infant walker is
    10  medically necessary for a particular child in such child care facility.
    11    (b) The office of children and family services, in  consultation  with
    12  the  city  of  New  York  department of health and mental hygiene, shall
    13  notify child care facilities of the provisions of  this  subdivision  in
    14  plain, non-technical language. Such notice shall be given to every child
    15  care  facility  upon  the  effective  date of this section or as soon as
    16  practicable thereafter, and such notice shall  also  be  given  to  each
    17  applicant  for license or registration pursuant to section three hundred
    18  ninety of the social services law.
    19    (c) The office of children and family services shall promulgate  rules
    20  and  regulations  to  carry out the provisions of this subdivision, with
    21  respect to the ban on infant walkers in child care facilities.
    22    4. Whenever there shall be a violation  of  subdivision  two  of  this
    23  section  an  application may be made by the attorney general in the name
    24  of the people of the state of New York to  a  court  or  justice  having
    25  jurisdiction  by  a  special proceeding to issue an injunction, and upon
    26  notice to the defendant of not  less  than  five  days,  to  enjoin  and
    27  restrain  the  continuance of such violations; and if it shall appear to
    28  the satisfaction of the court or justice  that  the  defendant  has,  in
    29  fact, violated this section, an injunction may be issued by the court or
    30  justice,  enjoining  and  restraining  any  further  violations, without
    31  requiring proof that any person has, in fact, been  injured  or  damaged
    32  thereby.  In  any  such proceeding, the court may make allowances to the
    33  attorney general as provided in paragraph  six  of  subdivision  (a)  of
    34  section  eighty-three hundred three of the civil practice law and rules,
    35  and direct restitution.  Whenever  the  court  shall  determine  that  a
    36  violation of subdivision two of this section has occurred, the court may
    37  impose  a  civil  penalty of not more than five hundred dollars for each
    38  violation. Each sale of an infant walker in violation  of  this  section
    39  shall  constitute  a  separate  violation.  In  connection with any such
    40  proposed application, the attorney general is authorized to  take  proof
    41  and make a determination of the relevant facts and to issue subpoenas in
    42  accordance with the civil practice law and rules.
    43    5.  If any provision of this section or the application thereof to any
    44  person or circumstance is held unconstitutional, such  invalidity  shall
    45  not affect other provisions or applications of this section which can be
    46  given  effect  without the invalid provision or application, and to this
    47  end the provisions of this section are severable.
    48    § 2. This act shall take effect on the ninetieth day  after  it  shall
    49  have become a law. Effective immediately, the addition, amendment and/or
    50  repeal  of  any  rule  or regulation necessary for the implementation of
    51  this act on its effective date are authorized and directed  to  be  made
    52  and completed on or before such effective date.