Assembly Bill A5175A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5175--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2025
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection -- recommitted to the Committee
   on Consumer Affairs and Protection in accordance with Assembly Rule 3,
   sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee

 AN  ACT  to  amend  the  general  business law, in relation to requiring
   certain security features and warning labels on baby monitors
 
   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-iii to read as follows:
   §  399-III.  BABY MONITORS. 1. AS USED IN THIS SECTION, "BABY MONITOR"
 MEANS A DEVICE THAT IS MARKETED EXCLUSIVELY FOR THE  PURPOSE  OF  BROAD-
 CASTING AUDIO OR VIDEO OF AN INFANT OR CHILD. THE TERM SHALL NOT INCLUDE
 A  MULTI-FUNCTIONAL  DEVICE SUCH AS A SMART PHONE, DIGITAL VIDEO CAMERA,
 SECURITY CAMERA, OR OTHER SIMILAR DEVICE.
   2. (A) NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, OR CORPORATION SHALL
 MANUFACTURE, DISTRIBUTE, SELL OR OFFER FOR SALE A NEW BABY MONITOR  THAT
 BROADCASTS  AUDIO  OR  VIDEO  THROUGH  AN  INTERNET CONNECTION UNLESS IT
 INCLUDES: (I) SECURITY FEATURES TO PREVENT UNAUTHORIZED USERS FROM HEAR-
 ING OR VIEWING ACTIVITY; AND (II) A LABEL OR NOTICE WARNING CONSUMERS OF
 THE RISKS ASSOCIATED WITH AN UNSECURED BABY MONITOR CONNECTION, AND  THE
 IMPORTANCE OF USING ITS SECURITY FEATURES.
   (B)  THE LABEL OR NOTICE REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION
 SHALL BE DISPLAYED IN A WRITTEN, PRINTED, OR GRAPHIC MANNER ON THE  BOX,
 CONTAINER,  OR  PACKAGE  OF A BABY MONITOR, OR SHALL OTHERWISE ACCOMPANY
 THE BABY MONITOR AT THE TIME OF ITS DISTRIBUTION OR SALE IN TYPE NO LESS
 THAN SIZE TWELVE-POINT FONT.   THE INFORMATION ON  THE  LABEL  SHALL  BE
 CONSPICUOUS  AND EASILY UNDERSTANDABLE TO CONSUMERS AND BE SUBSTANTIALLY
 SIMILAR TO THE FOLLOWING:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09221-02-6
 A. 5175--A                          2
              

 
   "WARNING! THIS PRODUCT CONNECTS TO THE INTERNET. TO PREVENT  UNAUTHOR-
 IZED  USERS FROM ACCESSING OR VIEWING PRODUCT ACTIVITY, USE THE SECURITY
 FEATURES PROVIDED."
   3. MANUFACTURERS SHALL BE RESPONSIBLE FOR ENSURING THAT ALL BABY MONI-
 TORS HAVE THE SECURITY FEATURES TO PREVENT UNAUTHORIZED USERS FROM HEAR-
 ING  OR VIEWING ACTIVITIES AND THE WARNING LABEL AS REQUIRED BY SUBDIVI-
 SION TWO OF THIS SECTION.
   4. ANY PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION,  OR  CORPORATION  IN
 VIOLATION  OF  THIS  SECTION  SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT
 MORE THAN TWO HUNDRED FIFTY DOLLARS FOR A FIRST VIOLATION AND  NOT  MORE
 THAN  FIVE  HUNDRED DOLLARS FOR A SECOND OR SUBSEQUENT VIOLATION OF THIS
 SECTION. THE PROVISIONS OF THIS SECTION SHALL BE  ENFORCED  CONCURRENTLY
 BY  THE DIRECTOR OR COMMISSIONER OF A MUNICIPAL CONSUMER AFFAIRS OFFICE,
 OR BY THE TOWN ATTORNEY,  CITY  CORPORATION  COUNSEL,  OR  OTHER  LAWFUL
 DESIGNEE  OF  A  MUNICIPAL OR LOCAL GOVERNMENT, AND ALL MONEYS COLLECTED
 THEREUNDER SHALL BE RETAINED BY SUCH MUNICIPALITY OR LOCAL GOVERNMENT.
   § 2. This act shall take effect on the ninetieth 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 to be made  and  completed
 on or before such effective date.