NY State Senate Bill 2021-S6900

Senate Bill S6900

2021-2022 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 Via A2150 - Passed Senate

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
May 31, 2022	returned to assembly passed senate 3rd reading cal.684 substituted for s6900
May 31, 2022	substituted by a2150a
Mar 14, 2022	advanced to third reading
Mar 10, 2022	2nd report cal.
Mar 09, 2022	1st report cal.684
Jan 05, 2022	referred to children and families
May 20, 2021	referred to children and families

Votes

- May 31, 2022 - Floor Vote
  A2150
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 31, 2022
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Mar 9, 2022 - Children And Families Committee Vote
  S6900
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: Mar 9, 2022
      
      aye (6)
      
      Bailey
      
      Brisport
      
      Mannion
      
      Persaud
      
      Salazar
      
      Stec
      
      aye wr (1)
      
      Martucci

co-Sponsors

2021-S6900 (ACTIVE) - Details

See Assembly Version of this Bill:: A2150
Law Section:: Social Services Law
Laws Affected:: Add §390-m, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A7627
2013-2014: A812
2015-2016: A405
2017-2018: A320
2019-2020: A168

2021-S6900 (ACTIVE) - 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.

2021-S6900 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6900

SPONSOR: BRISPORT
 
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

 
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-m.

Section three sets forth the effective date.

 
JUSTIFICATION:  Since 1982, the federal Consumer Protection Safety
Commission estimates that 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 one to three 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 fifty million sets of blinds throughout the United
States. Decades earlier, a federal study attributed the deaths of forty
one children between 1973 and 1980 to blind and shade cord strangula-
tion.

This legislation restricts the use of different types of blinds, shades
and window coverings for child day care centers and similar insti-
tutions, where vulnerable children are present. By requiring the
replacement of such blinds with safe alternatives, or modifications them
with safety mechanisms, it is the intention of this legislation to
prevent child deaths. In enacting this legislation, New York State would
further 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; S.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.

2021-S6900 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6900
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 20, 2021
                                ___________
 
 Introduced  by Sen. BRISPORT -- 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 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-m
 to read as follows:
   §  390-M.  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 CORD WITH A SERIES OF SMALL SPHERES,  TYPI-
 CALLY MADE OF METAL OR PLASTIC.
   (B)  "CORD  LOOP"  MEANS  A LOOP FORMED BY AN INNER CORD THAT DOES NOT
 DIMINISH IN SIZE WHEN THE FORCE USED TO CREATE THE LOOP IS REMOVED.
   (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 4  INCHES  IN  DIAMETER
 RESULTING IN A 12-INCH MAXIMUM CIRCUMFERENCE;
   (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.

                                                            LBD00337-04-1

 S. 6900                             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 RIGID MATERIAL USED FOR MANUAL OPERATION.
   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
 100.1-2018 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 EXPOSED 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 to be made and completed
 on or before such effective date.

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Senate Bill S6900

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Jabari Brisport