S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11376
 
                           I N  A S S E M B L Y
 
                             October 19, 2018
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES  -- (at request of M. of A. Paulin,
   McDonough, Seawright, Dinowitz, Fahy, Gottfried,  Pellegrino,  Weprin,
   Pheffer Amato,  Simon)  --  read once and referred to the Committee on
   Consumer Affairs and Protection
 
 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:
 
   Section 1. The general business law is amended by adding a new section
 399-k to read as follows:
   § 399-K. PROHIBIT THE SALE OF INFANT WALKERS AND RESTRICT USE OF  SUCH
 WALKERS IN CERTAIN SETTINGS. 1. FOR THE PURPOSES OF THIS SECTION:
   (A)  "INFANT WALKER" SHALL MEAN AN INFANT WALKER OR BABY WALKER, WHICH
 ARE DEVICES THAT ARE MANUFACTURED  TO  FACILITATE  WALKING  MOBILITY  IN
 INFANTS AND BABIES.
   (B) "DISTRIBUTOR" SHALL MEAN ANY PERSON WHO DELIVERS TO A PERSON OTHER
 THAN PURCHASER, FOR THE PURPOSE OF RETAIL SALE.
   (C) "MANUFACTURER" SHALL MEAN ANY PERSON WHO MAKES AND PLACES INTO THE
 STREAM OF COMMERCE AN INFANT WALKER AS DEFINED BY THIS SECTION.
   (D) "RETAILER" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION
 ELEVEN OF SECTION FOUR HUNDRED NINETY-A OF THIS CHAPTER.
   (E)  "SECONDHAND  DEALER"  SHALL HAVE THE SAME MEANING AS SET FORTH IN
 SUBDIVISION SIX OF SECTION FOUR HUNDRED NINETY-A OF THIS CHAPTER.
   (F) "CHILD CARE FACILITY" SHALL MEAN  ANY  PLACE  SUBJECT  TO  SECTION
 THREE  HUNDRED  NINETY OF THE SOCIAL SERVICES LAW OR ARTICLE FORTY-SEVEN
 OF THE NEW YORK CITY HEALTH CODE AS AUTHORIZED BY SECTION  FIVE  HUNDRED
 FIFTY-EIGHT OF THE NEW YORK CITY CHARTER.
   (G)  "PERSON"  SHALL MEAN A NATURAL PERSON, FIRM, CORPORATION, LIMITED
 LIABILITY COMPANY, ASSOCIATION, OR AN EMPLOYEE OR  AGENT  OF  A  NATURAL
 PERSON OR AN ENTITY INCLUDED IN THIS DEFINITION.
   2.  NO  MANUFACTURER,  IMPORTER,  DISTRIBUTOR, WHOLESALER, RETAILER OR
 SECONDHAND DEALER SHALL SELL, LEASE, OFFER FOR SALE, OR OFFER FOR  LEASE
 IN THIS STATE ANY INFANT WALKER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16573-01-8

 A. 11376                            2
 
   3.  (A)  ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, NO CHILD CARE
 FACILITY SHALL USE OR HAVE ON THE PREMISES ANY INFANT  WALKER  UNLESS  A
 MEDICAL  PROFESSIONAL  HAS  DETERMINED  THAT  USE OF AN INFANT WALKER IS
 MEDICALLY NECESSARY FOR A PARTICULAR CHILD IN SUCH CHILD CARE FACILITY.
   (B)  THE  OFFICE OF CHILDREN AND FAMILY SERVICES, IN CONSULTATION WITH
 THE CITY OF NEW YORK DEPARTMENT OF  HEALTH  AND  MENTAL  HYGIENE,  SHALL
 NOTIFY  CHILD  CARE  FACILITIES OF THE PROVISIONS OF THIS SUBDIVISION IN
 PLAIN, NON-TECHNICAL LANGUAGE. SUCH NOTICE SHALL BE GIVEN TO EVERY CHILD
 CARE FACILITY UPON THE EFFECTIVE DATE OF THIS  SECTION  OR  AS  SOON  AS
 PRACTICABLE  THEREAFTER,  AND  SUCH  NOTICE  SHALL ALSO BE GIVEN TO EACH
 APPLICANT FOR LICENSE OR REGISTRATION PURSUANT TO SECTION THREE  HUNDRED
 NINETY OF THE SOCIAL SERVICES LAW.
   (C)  THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROMULGATE RULES
 AND REGULATIONS TO CARRY OUT THE PROVISIONS OF  THIS  SUBDIVISION,  WITH
 RESPECT TO THE BAN ON INFANT WALKERS IN CHILD CARE FACILITIES.
   4.  WHENEVER  THERE  SHALL  BE  A VIOLATION OF SUBDIVISION TWO OF THIS
 SECTION AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN  THE  NAME
 OF  THE  PEOPLE  OF  THE  STATE OF NEW YORK TO A COURT OR JUSTICE HAVING
 JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN  INJUNCTION,  AND  UPON
 NOTICE  TO  THE  DEFENDANT  OF  NOT  LESS  THAN FIVE DAYS, TO ENJOIN AND
 RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL  APPEAR  TO
 THE  SATISFACTION  OF  THE  COURT  OR JUSTICE THAT THE DEFENDANT HAS, IN
 FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR
 JUSTICE, ENJOINING  AND  RESTRAINING  ANY  FURTHER  VIOLATIONS,  WITHOUT
 REQUIRING  PROOF  THAT  ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED
 THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY MAKE  ALLOWANCES  TO  THE
 ATTORNEY  GENERAL  AS  PROVIDED  IN  PARAGRAPH SIX OF SUBDIVISION (A) OF
 SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND  RULES,
 AND  DIRECT  RESTITUTION.  WHENEVER  THE  COURT  SHALL  DETERMINE THAT A
 VIOLATION OF SUBDIVISION TWO OF THIS SECTION HAS OCCURRED, THE COURT MAY
 IMPOSE A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED  DOLLARS  FOR  EACH
 VIOLATION.  EACH  SALE  OF AN INFANT WALKER IN VIOLATION OF THIS SECTION
 SHALL CONSTITUTE A SEPARATE  VIOLATION.  IN  CONNECTION  WITH  ANY  SUCH
 PROPOSED  APPLICATION,  THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF
 AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
 ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
   5. IF ANY PROVISION OF THIS SECTION OR THE APPLICATION THEREOF TO  ANY
 PERSON  OR  CIRCUMSTANCE IS HELD UNCONSTITUTIONAL, SUCH INVALIDITY SHALL
 NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS SECTION WHICH CAN BE
 GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND  TO  THIS
 END THE PROVISIONS OF THIS SECTION ARE SEVERABLE.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on  its effective date are authorized and directed to be made
 and completed on or before such effective date.