NY State Senate Bill 2019-S3186

Senate Bill S3186

2019-2020 Legislative Session

Establishes "Brendan's law"; requires cordless window coverings in child day care centers 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
Dec 28, 2020	committed to rules
Jan 23, 2020	advanced to third reading
Jan 22, 2020	2nd report cal.
Jan 21, 2020	1st report cal.218
Jan 08, 2020	referred to children and families returned to senate died in assembly
Jun 17, 2019	ordered to third reading rules cal.231 substituted for a168a
Jun 12, 2019	referred to codes returned to assembly repassed senate
Jun 04, 2019	amended on third reading (t) 3186a
Jun 04, 2019	vote reconsidered - restored to third reading returned to senate recalled from assembly
May 22, 2019	referred to children and families delivered to assembly passed senate
May 06, 2019	advanced to third reading
May 01, 2019	2nd report cal.
Apr 30, 2019	1st report cal.543
Feb 04, 2019	referred to children and families

Votes

- Jun 12, 2019 - Floor Vote
  S3186
  
  57
  
  Aye
  
  5
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 12, 2019
      
      aye (57)
      
      Addabbo Jr.
      
      Amedore
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      nay (5)
      
      Akshar
      
      Antonacci
      
      Gallivan
      
      Jordan
      
      Ortt
  Jan 21, 2020 - Children And Families Committee Vote
  S3186
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: Jan 21, 2020
      
      aye (6)
      
      Addabbo Jr.
      
      Kaplan
      
      Montgomery
      
      Persaud
      
      Salazar
      
      Tedisco
      
      aye wr (1)
      
      Serino

Bill Amendments

Original

A (Active)

2019-S3186 - Details

Current Committee:: Senate Rules
Law Section:: Social Services Law
Laws Affected:: Add §390-l, Soc Serv L
Versions Introduced in 2019-2020 Legislative Session:: S3186

2019-S3186 - Summary

Establishes "Brendan's law"; requires child day care centers and certain other facilities installing new or replacement window coverings to install cordless window coverings; requires child day care centers 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.

2019-S3186 - Sponsor Memo

                                
 
BILL NUMBER: S3186

SPONSOR: KENNEDY
 
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 Children and Families

 
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.

2019-S3186 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3186
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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-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;
   (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.
                                                            LBD00521-01-9

 S. 3186                             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

2019-S3186A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Social Services Law
Laws Affected:: Add §390-l, Soc Serv L
Versions Introduced in 2019-2020 Legislative Session:: S3186

2019-S3186A (ACTIVE) - Summary

2019-S3186A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3186A

SPONSOR: KENNEDY
 
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 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 SPECIFIC 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
390-1.

Section three sets forth the effective date.

 
JUSTIFICATION:

Since 1982, the federal Consumer Protection Safety Commission has esti-
mated 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 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:

2017-18: A.320-A - Passed Assembly; S.6519-A - Committed to Rules
2015-16: A.405-A - Reported to Rules
2013-14: A.812-B - Ordered to Third Reading Calendar
2011-12: A.7627-C - Ordered to Third Reading Calendar; S.6721-A Commit-
ted to Rules

 
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.

2019-S3186A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3186--A
     Cal. No. 543
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and  Families  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading, passed by Senate and delivered  to
   the  Assembly, recalled, vote reconsidered, restored to third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 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 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.

                                                            LBD00521-03-9

 S. 3186--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 CHILD DAY CARE CENTER AS DEFINED IN PARAGRAPH (C)  OF  SUBDIVI-
 SION ONE OF SECTION THREE HUNDRED NINETY OF THIS TITLE OR ANY AUTHORIZED
 AGENCY  AS  DEFINED IN PARAGRAPH (A) OF SUBDIVISION TEN OF SECTION THREE
 HUNDRED SEVENTY-ONE OF THIS TITLE INCLUDING ANY AGENCY BOARDING HOME  OR
 GROUP  HOME INSTALLING NEW OR REPLACEMENT WINDOW COVERINGS SHALL INSTALL
 CORDLESS WINDOW COVERINGS OR WINDOW COVERINGS WITH  INACCESSIBLE  OPERA-
 TIONAL AND INNER CORDS.
   3.  ANY  CHILD DAY CARE CENTER AS DEFINED IN PARAGRAPH (C) OF SUBDIVI-
 SION ONE OF SECTION THREE HUNDRED NINETY OF THIS TITLE OR ANY AUTHORIZED
 AGENCY AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION TEN OF  SECTION  THREE
 HUNDRED  SEVENTY-ONE OF THIS TITLE INCLUDING ANY AGENCY BOARDING HOME OR
 GROUP HOME 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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