NY State Senate Bill 2017-S6519A

Senate Bill S6519A

2017-2018 Legislative Session

Establishes "Brendan's law"; 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 Rules 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
Jun 05, 2018	reported and committed to rules
Feb 09, 2018	print number 6519a
Feb 09, 2018	amend and recommit to children and families
Jan 03, 2018	referred to children and families
May 30, 2017	referred to children and families

Votes

- Jun 5, 2018 - Children And Families Committee Vote
  S6519A
  
  4
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: Jun 5, 2018
      
      aye (4)
      
      Avella
      
      Bonacic
      
      Helming
      
      Persaud
      
      aye wr (3)
      
      Montgomery
      
      Serino
      
      Tedisco

Bill Amendments

Original

A (Active)

2017-S6519 - Details

See Assembly Version of this Bill:: A320
Current Committee:: Senate Rules
Law Section:: Social Services Law
Laws Affected:: Add §390-l, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A7627
2013-2014: A812
2015-2016: A405
2019-2020: S3186, A168
2021-2022: A2150

2017-S6519 - Summary

Establishes "Brendan's law"; requires child day care centers, public institutions for children and certain other facilities installing new or replacement window coverings 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 the effective date of this section to meet safety standards established in ANSI/WCMA A 100.1-2012 or any successor standard.

2017-S6519 - Sponsor Memo

                                 BILL NUMBER:  S6519

 TITLE OF BILL :  An act in relation to establishing Brendan's law;
and 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 OR GENERAL IDEA 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 :

Section one identifies the short title of the bill, as Brendan's Law.

Section two amends the social services law by adding a new section
390-j.

Section three sets forth the effective date.

 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 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 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, 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
childcare 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, childcare agencies, manufacturers and the
government.
 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

Undetermined.

 EFFECTIVE DATE :
This bill shall take effect twenty-four months 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 is authorized and directed to be made
and completed on or before such effective date.

2017-S6519 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6519
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 30, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 AN ACT in relation to establishing  Brendan's  law;  and  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
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and  may  be  cited  as  "Brendan's
 Law".
   §  2. The social services law is amended by adding a new section 390-k
 to read as follows:
   § 390-K. 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01713-02-7

 S. 6519                             2
 
   (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.
   (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  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  PRIOR  TO  THE EFFECTIVE DATE OF THIS
 SECTION, SHALL MEET THE REQUIREMENTS OF ANSI/WCMA A  100.1-2012  OR  ANY
 SUCCESSOR STANDARD THERETO, INCLUDING 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.
   § 3. This act shall take effect twenty-four months 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.

co-Sponsors

2017-S6519A (ACTIVE) - Details

See Assembly Version of this Bill:: A320
Current Committee:: Senate Rules
Law Section:: Social Services Law
Laws Affected:: Add §390-l, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A7627
2013-2014: A812
2015-2016: A405
2019-2020: S3186, A168
2021-2022: A2150

2017-S6519A (ACTIVE) - Summary

2017-S6519A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6519A

SPONSOR: GOLDEN
 
TITLE OF BILL:  An act in relation to establishing Brendan's law; and
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 OR GENERAL IDEA OF BILL:

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

 
SUMMARY OF PROVISIONS:

Section one identifies the short title of the bill, as Brendan's Law.

Section two amends the social services law by adding a new section
390-I.

Section three sets forth that this bill shall take effect twenty-four
months 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 is authorized
and directed to be made and completed on or before such effective date.

 
JUSTIFICATION:

Since 1982, the federal Consumer Product 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 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 Product 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
childcare 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.
In 2018, the Window Covering Manufacturers Association, with input from
the Consumer Product Safety Commission, will be adopting an industry
standard making corded blinds unavailable in stores and online, however,
corded blinds will still be available per custom order.

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.

 
PRIOR LEGISLATIVE HISTORY:

2018: S.6519 - Referred to Transportation
2017: S.6519 - Passed the Senate

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This bill shall take effect twenty-four months 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 is authorized and directed to be made and
completed on or before such effective date.

2017-S6519A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6519--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 30, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and  Families  --
   recommitted  to  the  Committee on Children and Families in accordance
   with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee

 AN  ACT  in  relation  to  establishing  Brendan's law; and 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
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall  be known and may be cited as "Brendan's
 Law".
   § 2. The social services law is amended by adding a new section  390-l
 to read as follows:
   §  390-L.  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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01713-03-8

 S. 6519--A                          2
 
   (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.
   (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  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  PRIOR  TO  THE EFFECTIVE DATE OF THIS
 SECTION, SHALL MEET THE REQUIREMENTS OF ANSI/WCMA A  100.1-2012  OR  ANY
 SUCCESSOR STANDARD THERETO, INCLUDING 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.
   § 3. This act shall take effect twenty-four months 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.

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