senate Bill S3185

Relates to amusement devices, attraction awareness and inspections

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 31 / Jan / 2013
    • REFERRED TO LABOR
  • 27 / Feb / 2013
    • 1ST REPORT CAL.96
  • 28 / Feb / 2013
    • 2ND REPORT CAL.
  • 04 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 05 / Mar / 2013
    • PASSED SENATE
  • 05 / Mar / 2013
    • DELIVERED TO ASSEMBLY
  • 05 / Mar / 2013
    • REFERRED TO LABOR
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO LABOR

Summary

Relates to amusement devices, attraction safety and inspection awareness; provides for the establishment of a publicly accessible website to provide awareness of the licensing and safety history of any amusement devices and attractions licensed in this state.

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Bill Details

See Assembly Version of this Bill:
A435
Versions:
S3185
Legislative Cycle:
2013-2014
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §870-o, add §870-p, Lab L
Versions Introduced in 2011-2012 Legislative Cycle:
S5868A, A8985A

Sponsor Memo

BILL NUMBER:S3185

TITLE OF BILL: An act to amend the labor law, in relation to amusement
device and attraction awareness

PURPOSE: To provide the public access to an amusement device or
attraction's safety and licensing history.

SUMMARY OF PROVISIONS:

Section 1. Already-required safety notices on amusement devices and
attractions would also have to display the electronic address of a
website that allows the public to browse the safety and licensing histo-
ry of individual rides.

Section 2. Specifies the kind of information to be included by the
Department of Labor on their safety and licensing website.

Section 3. Enacting clause.

JUSTIFICATION: The Department of Labor's Division of Safety and Health
is responsible for the licensing and inspection of all amusement devices
and attractions operating in New York State. The Division maintains an
over-all impressive safety record, protecting county fair, amusement
park and carnival visitors alike. However, a number of high-profile
accidents and tragedies over the years have brought to light the need to
update and clarify much of the information used to determine a ride's
fitness for public use. This information needs to be available to the
public it is meant to protect.

This legislation directs the Department of Labor to make available
consumer-relevant safety and licensing information through a publicly
accessible website. The information required to be posted would include
the annual licensing inspection report, any reported accidents, and any
issued violations and fines, as well as the criteria used by Department
officials to deem an amusement device safe for use. Over the past three
years, the Division of Safety and Health has maintained electronic
records of all of this information. In the summer of 2011, the Division
also look the step of opening some of this information to the public.
This proposal statutorily codifies what has been already been released
and expands the type of information available.

When families visit amusement parks, carnivals or county fairs, they
essentially put their lives into the hands of the park operator, who
they must trust to be safe, responsible, law-abiding. This legislation
gives consumers the ability to make that determination for themselves.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the two hundred fortieth
day of being signed into law, except that any rule or regulation neces-
sary for the timely implementation of this act on its effective date
shall be promulgated on or before such date.

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

                                  3185

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

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

AN ACT to amend the labor law,  in  relation  to  amusement  device  and
  attraction awareness

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 870-o of the labor law, as added by chapter 367  of
the laws of 2006, is amended to read as follows:
  S  870-o.  Amusement  device  and attraction awareness. The department
shall develop, establish and implement, in cooperation with  the  carni-
val,  fair  and  amusement  park  safety  advisory  board established in
section eight hundred seventy-n of this article, a  program  to  educate
and  provide  awareness  to the public on the risks of amusement devices
and attractions to both adults and children, and  how  adults  can  take
steps  to  assure  their  own safety and the safety of children in their
care. The program established pursuant to this section shall provide and
disseminate guidelines  for  safety  while  riding  or  using  amusement
devices or attractions by adults, adolescents and children. Such program
shall  utilize  written information provided to the public [and] THROUGH
the posting of conspicuous  signs  at  carnivals,  fairs  and  amusement
parks,  as required by law or regulation AS WELL AS THROUGH THE CREATION
OF A PUBLICLY ACCESSIBLE WEBSITE AS DEFINED  IN  SECTION  EIGHT  HUNDRED
SEVENTY-P OF THIS ARTICLE, THE ELECTRONIC ADDRESS OF WHICH SHALL ALSO BE
POSTED.
  S  2.   The labor law is amended by adding a new section 870-p to read
as follows:
  S 870-P. AMUSEMENT DEVICE AND ATTRACTION SAFETY AND INSPECTION  AWARE-
NESS.  THE DEPARTMENT SHALL DEVELOP, ESTABLISH AND IMPLEMENT, IN COOPER-
ATION WITH THE CARNIVAL, FAIR AND AMUSEMENT PARK SAFETY  ADVISORY  BOARD
ESTABLISHED  IN  SECTION  EIGHT  HUNDRED  SEVENTY-N  OF  THIS ARTICLE, A
PUBLICLY ACCESSIBLE WEBSITE TO PROVIDE AWARENESS TO THE  PUBLIC  OF  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03084-01-3

S. 3185                             2

LICENSING  AND  SAFETY  HISTORY OF ANY AMUSEMENT DEVICES AND ATTRACTIONS
LICENSED IN THE STATE. SAID WEBSITE SHALL CONTAIN THE DATE OF ANY SAFETY
INSPECTIONS, THE DATE OF SUBMISSION OF AN APPLICATION FOR  AN  AMUSEMENT
DEVICE,  DETAILED CRITERIA USED TO DETERMINE THE APPROVAL OF SAID APPLI-
CATION, A SUMMARY OR THE FULL TEXT OF THE VISITING  INSPECTOR'S  REPORT,
ANY  ISSUED  FINES  OR  VIOLATIONS FOR AN AMUSEMENT DEVICE OR ATTRACTION
OPERATOR AFTER A PERMIT HAS BEEN ISSUED FOR ITS USE BY THE PUBLIC,  DATE
AND PROOF OF PAYMENT OR REDRESS OF ANY FINES OR VIOLATIONS, A HISTORY OF
ANY  REPORTED  ACCIDENTS  OR  INJURIES  AS REPORTED BY THE DEPARTMENT IN
CONNECTION TO THE AMUSEMENT DEVICE OR ATTRACTION, AND THE FULL  TEXT  OF
THE FINDINGS OF ANY INVESTIGATIONS CONDUCTED OR ORGANIZED BY THE DEPART-
MENT    IN RELATION TO ANY REPORTED INFRACTION, ACCIDENT OR INJURY.  ANY
SUCH INFORMATION SHALL BE POSTED TO THE WEBSITE WITHIN SIXTY DAYS OF ITS
APPROVAL WITHIN THE DEPARTMENT.
  S 3. This act shall take effect on the two hundred fortieth day  after
it  shall  have  become a law, provided, however, that any rule or regu-
lation necessary for the timely implementation of this act on its effec-
tive date shall be promulgated on or before such date.

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