New York A 8740: Enacts Killian's law

Bill Text

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A08740 Summary:

BILL NOA08740 

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SAME ASSAME AS S06369

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SPONSORGallagher

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COSPNSR

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MLTSPNSR

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Ren Art 32 §670 to be Art 32-A §676, add §§677 & 678, amd §676, Gen Bus L; add §367-j, Soc Serv L

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Enacts "Killian's law"; establishes a timely repair for wheelchair program; extends the warranty period for wheelchairs to 2 years; deems all wheelchair repairs needed within 5 years of initial prescription medically necessary.

Go to top A08740 Actions:

BILL NOA08740 

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06/02/2025referred to consumer affairs and protection

01/07/2026referred to consumer affairs and protection

Go to topA08740 Committee&nbspVotes:

Go to topA08740 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08740 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8740

 2025-2026 Regular Sessions

 IN ASSEMBLY

 June 2, 2025
 ___________

 Introduced by M. of A. GALLAGHER -- read once and referred to the
 Committee on Consumer Affairs and Protection

 AN ACT to amend the general business law and the social services law, in
 relation to enacting "Killian's law"

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 "Killian's law".
 3 § 2. Article 32 of the general business law, as amended by chapter 219
 4 of the laws of 2006, is renumbered article 32-A, and section 670, as
 5 amended by chapter 219 of the laws of 2006, is renumbered section 676.
 6 § 3. The general business law is amended by adding a new section 677
 7 to read as follows:
 8 § 677. Timely repair of wheelchairs. 1. No later than one year after
 9 the effective date of this section, and after consultation with the
 10 deputy secretary for human services and mental hygiene, the office of
 11 the chief disability officer shall establish a "timely repair for wheel-
 12 chair program" under which wheelchair manufacturers and authorized
 13 wheelchair dealers or wheelchair lessors shall be held accountable for
 14 wheelchair repairs requested by wheelchair owners as provided in this
 15 section.
 16 2. The chief disability officer shall require all wheelchair repairs
 17 in the state to be completed within ten days of a request for such
 18 repair. Such ten-day period shall start on the first business day
 19 following the date of the request, provided that such wheelchair owner
 20 permits a wheelchair manufacturer, authorized wheelchair dealer or
 21 wheelchair lessor to access the device by either delivery to the custody
 22 of such wheelchair manufacturer, authorized wheelchair dealer or wheel-
 23 chair lessor, or alternatively, to the identified agent or other repre-
 24 sentative. This election by the wheelchair owner can include at their

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08338-04-5

 A. 8740 2

 1 personal home, the home of a specified friend, a school, a dayhab
 2 program, place of employment, or medical facility.
 3 3. During the repair process, if any condition or defect renders a
 4 wheelchair out of service for a total of thirty days or longer, the
 5 owner of such wheelchair shall be entitled to receive a temporary wheel-
 6 chair from the manufacturer of such owner's wheelchair for use until
 7 such wheelchair owner's wheelchair is repaired and returned.
 8 4. A wheelchair manufacturer, authorized wheelchair dealer or wheel-
 9 chair lessor shall maintain an electronic mail address and a phone line
 10 that is dedicated solely to receiving wheelchair repair requests. Such
 11 electronic mail address and phone line shall be accessible each day and
 12 capable of receiving and recording messages. Authorized wheelchair deal-
 13 ers shall: (a) respond to a request for wheelchair repair no later than
 14 one business day after the date such request was made; and (b) order
 15 parts necessary for a wheelchair repair no later than three business
 16 days after assessing the need for such repair.
 17 5. The office of the chief disability officer shall maintain a phone
 18 number and electronic mail address to be posted conspicuously on its
 19 website, to receive and recor