Senate Bill S6721A

2011-2012 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 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

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 21, 2012	committed to rules
Jun 18, 2012	amended on third reading 6721a
Apr 25, 2012	advanced to third reading
Apr 19, 2012	2nd report cal.
Apr 18, 2012	1st report cal.507
Mar 13, 2012	referred to social services

Votes

- Apr 18, 2012 - Social Services Committee Vote
  S6721A
  
  Aye
  
  5
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Social Services Committee Vote: Apr 18, 2012
      
      aye (5)
      
      Ball
      
      Farley
      
      Gallivan
      
      Martins
      
      Squadron
      
      excused (1)
      
      Huntley

Bill Amendments

Original

A (Active)

2011-S6721 - Details

See Assembly Version of this Bill:: A7627
Current Committee:: Senate Rules
Law Section:: Social Services Law
Laws Affected:: Add §390-i, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3678, A812
2015-2016: A405
2017-2018: A320
2019-2020: A168
2021-2022: A2150

2011-S6721 - 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, 2013, 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, 2013, to meet minimum safety standards established in regulations jointly adopted by the department of children and family services and the department of education.

2011-S6721 - Sponsor Memo

                                BILL NUMBER:S6721

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 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 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 "home finders" 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:
New bill.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act will take effect October 1, 2013. 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.

2011-S6721 - Bill Text download pdf

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

                                  6721

                            I N  S E N A T E

                             March 13, 2012
                               ___________

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

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.
  (F) "WAND" MEANS A ROD USED TO:
  (I) ROTATE A VERTICAL BLIND; OR
  (II) TILT A HORIZONTAL BLIND.

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

                                                           LBD11069-07-2

S. 6721                             2

  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 THIRTEEN, 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  THIR-
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 SHALL 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, 2013. 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.

2011-S6721A (ACTIVE) - Details

See Assembly Version of this Bill:: A7627
Current Committee:: Senate Rules
Law Section:: Social Services Law
Laws Affected:: Add §390-i, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3678, A812
2015-2016: A405
2017-2018: A320
2019-2020: A168
2021-2022: A2150

2011-S6721A (ACTIVE) - Summary

2011-S6721A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6721A

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 390-1
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 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 home 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 "home
finders" 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:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act will take effect October 1, 2013. 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.

2011-S6721A (ACTIVE) - Bill Text download pdf

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

                                 6721--A
    Cal. No. 507

                            I N  S E N A T E

                             March 13, 2012
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Social  Services  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

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.
                                                           LBD11069-09-2

S. 6721--A                          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 THIRTEEN, 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 THIR-
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, 2013. 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.

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Senate Bill S6721A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

Apr 18, 2012 - Social Services Committee Vote

Social Services Committee Vote: Apr 18, 2012

Bill Amendments

2011-S6721 - Details

2011-S6721 - Summary

2011-S6721 - Sponsor Memo

2011-S6721 - Bill Text download pdf

2011-S6721A (ACTIVE) - Details

2011-S6721A (ACTIVE) - Summary

2011-S6721A (ACTIVE) - Sponsor Memo

2011-S6721A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S6721A

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Sponsored By

Patrick M. Gallivan

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

Bill Amendments

2011-S6721 - Details

2011-S6721 - Summary

2011-S6721 - Sponsor Memo

2011-S6721 - Bill Text download pdf

2011-S6721A (ACTIVE) - Details

2011-S6721A (ACTIVE) - Summary

2011-S6721A (ACTIVE) - Sponsor Memo

2011-S6721A (ACTIVE) - Bill Text download pdf

Comments