NY State Senate Bill 2013-S3678A

Senate Bill S3678A

2013-2014 Legislative Session

Requires cordless window coverings in child day care centers, public institutions for children and certain other facilities

download bill text pdf

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to children and families
Jun 21, 2013	recommitted to rules
Jun 18, 2013	ordered to third reading cal.1437 committee discharged and committed to rules
Jun 14, 2013	print number 3678a
Jun 14, 2013	amend and recommit to children and families
Feb 11, 2013	referred to children and families

Votes

- Jun 18, 2013 - Rules Committee Vote
  S3678A
  
  25
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 18, 2013
      
      aye (25)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky

Bill Amendments

Original

A (Active)

2013-S3678 - Details

Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Add §390-i, Soc Serv L
Versions Introduced in 2011-2012 Legislative Session:: S6721

2013-S3678 - Summary

Requires child day care centers, public institutions for children and certain other facilities installing new or replacement window coverings on or after October 1, 2016, to install cordless window coverings; requires child day care centers, public institutions for children and certain other facilities that have window coverings in place before October 1, 2016, to meet certain safety standards established.

2013-S3678 - Sponsor Memo

                                BILL NUMBER:S3678

TITLE OF BILL:  An act to amend the social services law, in relation to
requiring cordless window coverings in child day care centers, public
institutions for children and certain other facilities

PURPOSE OF BILL: This bill will prohibit the use of corded blinds in
certain public child care facilities in order to remove the threat of
strangulation or other harms caused by window covering cords.

SUMMARY OF PROVISIONS: The social services law will be amended by adding
a new section 390-i defining relevant terms and establishing the Prohi-
bition.

JUSTIFICATION: Since 1982, the federal Consumer Protection Safety
Commission has estimated at least 200 children have died of strangula-
tion from Roman and roll-up window blinds. According to advocacy groups
such as the Parents for Window Blind Safety, the number of fatalities
and serious injuries is closer to 500. Those most at risk are children
aged 1 to 3 years old, who have some mobility but are still unable to
fully control their motor functions.

That window blinds and coverings with easily accessible drawstrings are
a serious safety hazard is nothing new. In 2009, a joint effort by the
Consumer Protection Safety Commission and window blind manufacturers
ordered the recall of 50 million sets of blinds throughout the United

States. As far as three decades earlier, a federal study tied the deaths
of 41 children between 1973 and 1980 to blind and shade cord strangula-
tion.

This legislation strengthens regulatory standards for the different
types of blinds, shades and window coverings currently available to
consumers. It also requires boarding homes, group homes, child day care
centers, authorized agencies and public institutions for children, in
the come of regular maintenance and renovation, to replace their blinds
with safe alternatives or modify them with safety mechanisms.

While this proposal does not directly apply to family foster homes or
child care facilities situated in an individual's residence, it is
already within Office of Children and Family Services authority to regu-
late safety standards in those locations. Authorized "hornet-Hiders"
visit prospective parents and operators, perform safety assessments,
provide training on taking proper care of children, and require modifi-
cations when necessary.

Building on the legacy of Maryland's Angel's Law, enacted in 2010 in
response to the 2009 death of Angel Duane, a toddler who caught and
strangled himself in corded window blinds after being left alone for 20
minutes, despite the fact that the cords were in the raised position. A
similar effort is being made to address this issue in Congress. In
enacting this legislation, New York State would be sending a message

that corded, roman and roll-up blinds can be a serious safety hazard,
and deserve greater attention and analysis by parents, consumers, child
care agencies, manufacturers and the government.

LEGISLATIVE HISTORY: A.7627 of 2011-2012

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act will take effect October 1, 2014. Effective
immediately, the addition, amendment and/or repeal of 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.

2013-S3678 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3678

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 11, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the social services law, in relation to requiring  cord-
  less  window  coverings in child day care centers, public institutions
  for children and certain other facilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The social services law is amended by adding a new section
390-i to read as follows:
  S 390-I. CORDLESS WINDOW COVERINGS REQUIRED. 1. FOR PURPOSES  OF  THIS
SECTION THE FOLLOWING TERMS SHALL HAVE THE MEANINGS SET FORTH BELOW:
  (A)  "BEADED CHAIN" MEANS A SERIES OF SMALL SPHERES, EQUALLY SPACED ON
A CORD OR CONNECTED BY METAL SHAFTS USED TO RAISE  AND  LOWER  A  WINDOW
COVERING.
  (B)  "CORD LOOP" MEANS A CURVING OR DOUBLING OF A BEADED CHAIN OR CORD
TO FORM A CLOSED LOOP.
  (C) "CORDLESS WINDOW COVERING" MEANS:
  (I) A HORIZONTAL BLIND OR CELLULAR SHADE THAT HAS NO DRAW CORD AND THE
INTERNAL LIFT CORD RUNS IN THE SLATS OF THE HORIZONTAL BLIND SO THAT THE
CORD IS INCAPABLE OF FORMING A LOOP GREATER THAN 7.25 INCHES;
  (II) A ROMAN SHADE, ROLL-UP BLIND, OR WOVEN SHADE  THAT  HAS  NO  DRAW
CORD AND THE LIFT CORD IS COMPLETELY ENCLOSED SO THAT IT IS NOT ACCESSI-
BLE;
  (III)  A VERTICAL BLIND THAT HAS A WAND AS ITS OPERATING MECHANISM AND
DOES NOT CONTAIN ANY BEADED CHAINS, CORDED PULLEYS, OR OTHER  CORD  LOOP
OPERATING MECHANISMS; AND
  (IV) A ROLLER SHADE THAT DOES NOT CONTAIN A CORD OR BEADED CHAIN.
  (D) "DRAW CORD" MEANS ANY FORM OF ROPE, STRAP, OR STRING USED TO RAISE
OR LOWER A WINDOW COVERING.
  (E)  "INTERNAL  LIFT  CORD"  MEANS A CORD THAT IS CONTAINED INSIDE THE
BODY AND RAILS OF THE BLIND OR SHADE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05034-01-3

S. 3678                             2

  (F) "WAND" MEANS A ROD USED TO:
  (I) ROTATE A VERTICAL BLIND; OR
  (II) TILT A HORIZONTAL BLIND.
  2. ANY AGENCY BOARDING HOME, GROUP HOME, CHILD DAY CARE CENTER, PUBLIC
INSTITUTION  FOR  CHILDREN,  OR  ANY  AUTHORIZED  AGENCY NOT INCLUDING A
FOSTER HOME, FAMILY DAY CARE CENTER OR  GROUP  FAMILY  DAY  CARE  CENTER
INSTALLING  NEW  OR  REPLACEMENT  WINDOW  COVERINGS  ON OR AFTER OCTOBER
FIRST, TWO THOUSAND FOURTEEN, SHALL INSTALL CORDLESS WINDOW COVERINGS OR
WINDOW COVERINGS WITH INACCESSIBLE OPERATIONAL AND INNER CORDS.
  3. ANY AGENCY BOARDING HOME, GROUP HOME, CHILD  DAY  CARE  CENTER,  OR
PUBLIC INSTITUTION FOR CHILDREN OR ANY AUTHORIZED AGENCY NOT INCLUDING A
FOSTER HOME, FAMILY DAY CARE CENTER OR GROUP FAMILY DAY CARE CENTER THAT
HAS  WINDOW  COVERINGS IN PLACE BEFORE OCTOBER FIRST, TWO THOUSAND FOUR-
TEEN, SHALL MEET MINIMUM SAFETY  STANDARDS  ESTABLISHED  IN  REGULATIONS
JOINTLY  ADOPTED  BY  THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES AND
THE DEPARTMENT OF EDUCATION THAT INCLUDE STANDARDS FOR:
  (A) ROMAN  SHADES,  ROLL-UP  SHADES,  WOVEN  SHADES,  AND  ALL  WINDOW
COVERINGS WITH EXPOSED AND UNSECURED CORDS;
  (B)  HORIZONTAL BLINDS, CELLULAR SHADES, AND ALL WINDOW COVERINGS THAT
HAVE DRAW CORDS FOR THEIR OPERATION; AND
  (C) VERTICAL BLINDS AND OTHER  WINDOW  COVERING  PRODUCTS  WITH  LOOPS
UTILIZED IN THEIR OPERATION.
  4.  IF  A  PERSON FAILS TO COMPLY WITH THE REQUIREMENTS OF SUBDIVISION
THREE OF THIS SECTION, THE AUTHORIZED AGENCY MAY REQUIRE REPLACEMENT  OF
EXISTING  WINDOW  COVERINGS  WITH  CORDLESS  WINDOW  COVERINGS OR WINDOW
COVERINGS WITH INACCESSIBLE OPERATIONAL AND INNER CORDS.
  S 2. This act shall take effect October 1, 2014. Effective  immediate-
ly,  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.

2013-S3678A (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Add §390-i, Soc Serv L
Versions Introduced in 2011-2012 Legislative Session:: S6721

2013-S3678A (ACTIVE) - Summary

2013-S3678A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3678A

TITLE OF BILL:
An act
to amend the social services law, in relation to requiring
cordless window coverings in
child day care centers, public institutions for children
and certain other facilities

PURPOSE:

This bill will prohibit the use of corded blinds in certain public
child care facilities in order to remove the threat of strangulation
or other harms caused by window covering cords.

SUMMARY OF PROVISIONS:

The social services law will be amended by adding a new section 390-i
defining relevant terms and establishing the Prohibition.

JUSTIFICATION:

Since 1982, the federal Consumer Protection Safety Commission has
estimated at least 200 children have died of strangulation from Roman
and roll-up window blinds. According. to advocacy groups such as the
Parents for Window Blind Safety, the number of fatalities and serious

injuries is closer to 500. Those most at risk are children and 1 to 3
years old, who have some mobility but are still unable to fully
control their motor functions.

That window blinds and coverings with easily accessible drawstrings
are a serious safety hazard is nothing new. In 2009, a joint effort
by the Consumer Protection Safety Commission and window blind
manufacturers ordered the recall of 50 million sets of blinds
throughout the United States. As far as three decades earlier, a
federal study tied the deaths of 41 children between 1973 and 1980 to
blind and shade cord strangulation.

This legislation strengthens regulatory standards for the different
types of blinds, shades and window coverings currently available to
consumers. It also requires boarding homes, soup homes, child day
care centers, authorized agencies and public institutions for
children, in the course of regular maintenance and renovation, to
replace their blinds with safe alternatives or modify them with
safety mechanisms.

While this proposal does not directly apply to family foster homes or
child care facilities situated in an individual's residence, it is
already within Office of Children and Family Services authority
to regulate safety standards in those locations. Authorized
"hornet-Hiders" visit prospective parents and operators, perform
safety assessments, provide training on taking proper care of
children, and require modifications when necessary.

Building on the legacy of Maryland's Angel's Law, enacted in 2010 in
response to the 2009 death of Angel Duane, a toddler who caught and
strangled himself in corded window blinds after being left alone for


20 minutes, despite the fact that the cords were in the raised
position. A similar effort is being made to address this issue in
Congress. In enacting this legislation, New York State would be
sending a message that corded, roman and roll-up blinds can be a
serious safety hazard, and deserve greater attention and analysis by
parents, consumers, child care agencies, manufacturers and the
government.

LEGISLATIVE HISTORY:

A.7627 of 2011-2012

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the sixtieth day after it shall have
become a law; provided that subdivision four of section 390-i of the
social services law, as added by section one of this act, shall take
effect on October 1, 2016. Effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date is authorized and
directed to be made and completed on or before such effective date.

2013-S3678A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3678--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 11, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the social services law, in relation to requiring  cord-
  less  window  coverings in child day care centers, public institutions
  for children and certain other facilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The social services law is amended by adding a new section
390-i to read as follows:
  S 390-I. CORDLESS WINDOW COVERINGS REQUIRED. 1. FOR PURPOSES  OF  THIS
SECTION THE FOLLOWING TERMS SHALL HAVE THE MEANINGS SET FORTH BELOW:
  (A)  "BEADED CHAIN" MEANS A SERIES OF SMALL SPHERES, EQUALLY SPACED ON
A CORD OR CONNECTED BY METAL SHAFTS USED TO RAISE  AND  LOWER  A  WINDOW
COVERING.
  (B)  "CORD LOOP" MEANS A CURVING OR DOUBLING OF A BEADED CHAIN OR CORD
TO FORM A CLOSED LOOP.
  (C) "CORDLESS WINDOW COVERINGS" INCLUDE:
  (I) A HORIZONTAL BLIND OR CELLULAR SHADE THAT HAS NO DRAW CORD AND THE
INTERNAL LIFT CORD RUNS IN THE SLATS OF THE HORIZONTAL BLIND SO THAT THE
CORD IS INCAPABLE OF FORMING A LOOP GREATER THAN 7.25 INCHES;
  (II) A ROMAN SHADE, ROLL-UP BLIND, OR WOVEN SHADE  THAT  HAS  NO  DRAW
CORD AND THE LIFT CORD IS COMPLETELY ENCLOSED SO THAT IT IS NOT ACCESSI-
BLE;
  (III)  A VERTICAL BLIND THAT HAS A WAND AS ITS OPERATING MECHANISM AND
DOES NOT CONTAIN ANY BEADED CHAINS, CORDED PULLEYS, OR OTHER  CORD  LOOP
OPERATING MECHANISMS; AND
  (IV) A ROLLER SHADE THAT DOES NOT CONTAIN A CORD OR BEADED CHAIN.
  (D) "DRAW CORD" MEANS ANY FORM OF ROPE, STRAP, OR STRING USED TO RAISE
OR LOWER A WINDOW COVERING.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05034-10-3

S. 3678--A                          2

  (E)  "INTERNAL  LIFT  CORD"  MEANS A CORD THAT IS CONTAINED INSIDE THE
BODY AND RAILS OF THE BLIND OR SHADE.
  (F) "WAND" MEANS A ROD USED TO:
  (I) ROTATE A VERTICAL BLIND; OR
  (II) TILT A HORIZONTAL BLIND.
  2. ANY AGENCY BOARDING HOME, GROUP HOME, CHILD DAY CARE CENTER, PUBLIC
INSTITUTION  FOR  CHILDREN,  OR  ANY  AUTHORIZED  AGENCY NOT INCLUDING A
FOSTER HOME, FAMILY DAY CARE CENTER OR  GROUP  FAMILY  DAY  CARE  CENTER
INSTALLING  NEW  OR  REPLACEMENT  WINDOWS  SHALL INSTALL CORDLESS WINDOW
COVERINGS OR WINDOW COVERINGS WITH INACCESSIBLE  OPERATIONAL  AND  INNER
CORDS.
  3.  WINDOW  COVERINGS,  IN  PLACE  BEFORE  THE  EFFECTIVE DATE OF THIS
SECTION, IN ANY AGENCY BOARDING HOME, GROUP HOME, CHILD DAY CARE CENTER,
OR PUBLIC INSTITUTION FOR CHILDREN OR ANY AUTHORIZED AGENCY NOT  INCLUD-
ING  A  FOSTER  HOME,  FAMILY  DAY  CARE CENTER OR GROUP FAMILY DAY CARE
CENTER SHALL:
  (A) MEET THE REQUIREMENTS OF ANSI/WCMA A100.1-2012  OR  ANY  SUCCESSOR
STANDARD  THERETO  ADOPTED IN ACCORDANCE WITH ANSI PROCEDURES, INCLUDING
STANDARDS FOR:
  (I) ROMAN  SHADES,  ROLL-UP  SHADES,  WOVEN  SHADES,  AND  ALL  WINDOW
COVERINGS WITH EXPOSED AND UNSECURED CORDS;
  (II) HORIZONTAL BLINDS, CELLULAR SHADES, AND ALL WINDOW COVERINGS THAT
HAVE EXPOSED DRAW CORDS FOR THEIR OPERATION;
  (III)  VERTICAL  BLINDS  AND OTHER WINDOW COVERING PRODUCTS WITH LOOPS
UTILIZED IN THEIR OPERATION; OR
  (B) BE RETROFITTED WITH REPAIR KITS APPROVED BY THE  CONSUMER  PRODUCT
SAFETY  COMMISSION  FOR DISTRIBUTION TO CONSUMERS BY THE WINDOW COVERING
SAFETY COUNCIL.
  4. IF A PERSON FAILS TO COMPLY WITH THE  REQUIREMENTS  OF  SUBDIVISION
THREE  OF  THIS SECTION, ON OR AFTER OCTOBER FIRST, TWO THOUSAND SIXTEEN
THE  AUTHORIZED  AGENCY  MAY  REQUIRE  REPLACEMENT  OF  EXISTING  WINDOW
COVERINGS  WITH CORDLESS WINDOW COVERINGS OR WINDOW COVERINGS WITH INAC-
CESSIBLE OPERATIONAL AND INNER CORDS.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a  law; provided that subdivision four of section 390-i of
the social services law, as added by section one of this act, shall take
effect on October 1, 2016. Effective immediately, the  addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of  this act on its effective date is authorized and directed to
be made and completed on or before such effective date.

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