New York State Assembly

 
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A02150 Summary:

A02150 Actions:

A02150 Committee Votes:

Committee:CHILDREN AND FAMILIES   Chair:Hevesi      
DATE:05/25/2021AYE/NAY:17/0  Action: Favorable refer to committee Codes        
Hevesi
Aye
Byrnes
Aye
Davila
Aye
Miller
Aye
Vanel
Aye
Salka
Aye
Jean-Pierre
Aye
Gallahan
Aye
Frontus
Aye
Cruz
Aye
Darling
Aye
Anderson
Aye
Clark
Aye
Lunsford
Aye
Meeks
Aye
Gonzalez-Rojas
Aye
Mitaynes
Aye

Committee:CODES   Chair:Dinowitz      
DATE:06/02/2021AYE/NAY:22/0  Action: Favorable refer to committee Rules        
Dinowitz
Aye
Morinello
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Montesano
Aye
Cymbrowitz
Aye
Reilly
Aye
O'Donnell
Aye
Mikulin
Aye
Lavine
Aye
Tannousis
Aye
Perry
Aye
Abinanti
Aye
Weprin
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye

Committee:RULES   Chair:Gottfried      
DATE:06/07/2021AYE/NAY:29/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Gottfried
Aye
Hawley
Aye
Nolan
Excused
Giglio
Aye
Weinstein
Aye
Blankenbush
Aye
Pretlow
Aye
Norris
Aye
Cook
Aye
Montesano
Aye
Glick
Aye
Ra
Aye
Aubry
Aye
Brabenec
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye

A02150 Floor Votes:

A02150 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A2150A
 
SPONSOR: Rosenthal L

 
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-m. 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:
 
2019-20: A.168-B - Passed Assembly; 5.3186 - Advanced to Third Reading
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 -
Committed 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.

A02150 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2150--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2021
                                       ___________
 
        Introduced  by M. of A. L. ROSENTHAL, DINOWITZ, GUNTHER, WEPRIN, FAHY --
          Multi-Sponsored by -- M. of A. COOK, ENGLEBRIGHT, PERRY --  read  once
          and  referred  to  the Committee on Children and Families -- 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 and certain other facilities
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act  shall  be known and may be cited as "Brendan's
     2  Law".
     3    § 2. The social services law is amended by adding a new section  390-m
     4  to read as follows:
     5    §  390-m.  Cordless window coverings required. 1. For purposes of this
     6  section the following terms shall have the meanings set forth below:
     7    (a) "Beaded chain" means a cord with a series of small spheres,  typi-
     8  cally made of metal or plastic.
     9    (b)  "Cord  loop"  means  a loop formed by an inner cord that does not
    10  diminish in size when the force used to create the loop is removed.
    11    (c) "Cordless window covering" means:
    12    (i) a horizontal blind or cellular shade that has no draw cord and the
    13  internal lift cord runs in the slats of the horizontal blind so that the
    14  cord is incapable of forming a loop greater than 4  inches  in  diameter
    15  resulting in a 12-inch maximum circumference;
    16    (ii)  a  Roman  shade,  roll-up blind, or woven shade that has no draw
    17  cord and the lift cord is completely enclosed so that it is not accessi-
    18  ble;
    19    (iii) a vertical blind that has a wand as its operating mechanism  and
    20  does  not  contain any beaded chains, corded pulleys, or other cord loop
    21  operating mechanisms; and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00337-03-1
        A. 2150--A                          2
 
     1    (iv) a roller shade that does not contain a cord or beaded chain.
     2    (d) "Draw cord" means any form of rope, strap, or string used to raise
     3  or lower a window covering.
     4    (e)  "Internal  lift  cord"  means a cord that is contained inside the
     5  body and rails of the blind or shade.
     6    (f) "Wand" means a rigid material used for manual operation.
     7    2. Any child day care center as defined in paragraph (c)  of  subdivi-
     8  sion one of section three hundred ninety of this title or any authorized
     9  agency  as  defined in paragraph (a) of subdivision ten of section three
    10  hundred seventy-one of this title including any agency boarding home  or
    11  group  home installing new or replacement window coverings shall install
    12  cordless window coverings or window coverings with  inaccessible  opera-
    13  tional and inner cords.
    14    3.  Any  child day care center as defined in paragraph (c) of subdivi-
    15  sion one of section three hundred ninety of this title or any authorized
    16  agency as defined in paragraph (a) of subdivision ten of  section  three
    17  hundred  seventy-one of this title including any agency boarding home or
    18  group home that has window coverings in place  prior  to  the  effective
    19  date  of  this  section,  shall  meet  the  requirements  of ANSI/WCMA A
    20  100.1-2018 or any successor standard thereto, including standards for:
    21    (a) Roman  shades,  roll-up  shades,  woven  shades,  and  all  window
    22  coverings with exposed and unsecured cords;
    23    (b)  horizontal blinds, cellular shades, and all window coverings that
    24  have exposed draw cords for their operation; and
    25    (c) vertical blinds and other  window  covering  products  with  loops
    26  utilized in their operation.
    27    4.  If  a  person fails to comply with the requirements of subdivision
    28  three of this section, the authorized agency may require replacement  of
    29  existing  window  coverings  with  cordless  window  coverings or window
    30  coverings with inaccessible operational and inner cords.
    31    § 3. This act shall take effect twenty-four months after it shall have
    32  become a law.   Effective immediately, the  addition,  amendment  and/or
    33  repeal  of  any  rule  or regulation necessary for the implementation of
    34  this act on its effective date are authorized to be made  and  completed
    35  on or before such effective date.

A02150 LFIN:

 
NO LFIN

A02150 Chamber Video/Transcript: