senate Bill S5868A

2011-2012 Legislative Session

Relates to amusement devices, attraction awareness and inspections

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

do you support this bill?

Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 26, 2012 referred to labor
delivered to assembly
passed senate
Mar 13, 2012 amended on third reading 5868a
Mar 06, 2012 advanced to third reading
Mar 05, 2012 2nd report cal.
Mar 01, 2012 1st report cal.259
Jan 04, 2012 referred to labor
Jul 27, 2011 referred to rules

Votes

view votes

Bill Amendments

Original
A (Active)
Original
A (Active)

S5868 - Bill Details

See Assembly Version of this Bill:
A8985A
Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd §870-o, add §870-p, Lab L

S5868 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S5868

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
history 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.

EXISTING LAW:
Currently, an amusement device or attraction's licensing and safety
history is not readily accessible to the public.

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
overall 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 serious
oversights with the licensing and safety inspection process: much of
the information used to determine a ride's fitness for public use is
not 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,
but without opening it to public scrutiny.

This bill would require that the Department share this information
with any individuals who may be concerned about the safety history of
a ride. 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 necessary for the
timely implementation of this act on its effective date shall be
promulgated on or before such date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5868

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              July 27, 2011
                               ___________

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

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.
                                                           LBD13269-01-1

S. 5868                             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, DATE  AND  PROOF  OF  PAYMENT  OR  REDRESS  OF  ANY  FINES  OR
VIOLATIONS,   A  HISTORY  OF  ANY  REPORTED  ACCIDENTS  OR  INJURIES  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.

S5868A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8985A
Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd §870-o, add §870-p, Lab L

S5868A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S5868A REVISED 03/22/12

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
history 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
overall 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 necessary for the
timely implementation of this act on its effective date shall be
promulgated on or before such date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5868--A
    Cal. No. 259

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              July 27, 2011
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules  --  recommitted  to
  the  Committee  on  Labor  in accordance with Senate Rule 6, sec. 8 --
  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 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13269-02-2

S. 5868--A                          2

  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
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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.