NY State Senate Bill 2017-S5316

Archive: Last Bill Status - In Senate Committee Labor 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
Jan 03, 2018	referred to labor
Jun 21, 2017	committed to rules
May 03, 2017	advanced to third reading
May 02, 2017	2nd report cal.
May 01, 2017	1st report cal.671
Mar 21, 2017	referred to labor

Votes

- May 1, 2017 - Labor Committee Vote
  S5316
  
  Aye
  
  12
  
  Nay
  
  0
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Labor Committee Vote: May 1, 2017
      
      aye (12)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Dilan
      
      Gallivan
      
      Marcellino
      
      Ortt
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      aye wr (2)
      
      Hannon
      
      Murphy
      
      excused (1)
      
      Parker

2017-S5316 (ACTIVE) - Details

See Assembly Version of this Bill:: A8187
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §§870-a, 870-b, 870-c, 870-i & 870-m, Lab L

2017-S5316 (ACTIVE) - Summary

Relates to the safety of amusement devices at places of public accommodation; authorizes the commissioner to make rules relating to the assembly, disassembly and use of such amusement devices.

2017-S5316 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5316

 TITLE OF BILL :  An act to amend the labor law, in relation to the
safety of amusement devices at places of public accommodation

 PURPOSE OF THE BILL :

This bill would expand the Department of Labor's ("DOL") jurisdiction
to inspect and regulate amusement devices at places of public
accommodation.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend Labor Law § 870-a (1) to add
amusement devices as places of public accommodation.

Section 2 of the bill would amend Labor Law § 870-b (1) to extend the
jurisdiction of DOL to include the inspection and regulation of
amusement devices at places of public accommodation.

Section 3 of the bill would amend Labor Law § 870-c by defining the
term "places of public accommodation" to mean any commercial
establishment dealing with goods and services of any kind including
those that sell or provide food or beverages, including but not
limited to, shopping centers, mall, wholesale and retail stores,
restaurants, bars, and any other place designated by the Commissioner

of Labor.

Section 4 of the bill would amend Labor Law § 870-i to extend the
Commissioner of Labor's rule making authority to amusement devices at
places of public accommodation.

Section 5 of the bill would amend Labor Law § 870-m (a) to apply all
appropriate exemptions to amusement devices at places of public
accommodation.

Section 6 of the bill would make it effective 180 days after it
becomes law.

 JUSTIFICATION :

Under current law, DOL can inspect amusement devices located at
carnivals, fairs, and amusement parks (e.g., places where an admission
or fee is customarily or usually charged). However, this narrow list
limits DOL's ability to ensure the safety of amusement devices located
in other places of public accommodation where DOL oversight would be
expected, such as shopping malls, retail stores, or restaurants.

Without DOL inspection and regulation, there is no entity that ensures
the safety of such devices at these locations. Adding places of public
accommodation to DOL's jurisdiction would allow. DOL to ensure the
safety of amusement devices that are open to the public.

 PRIOR LEGISLATIVE HISTORY :

None.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
180 days after enactment.

2017-S5316 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5316
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 21, 2017
                                ___________
 
 Introduced  by Sen. ALCANTARA -- (at request of the Department of Labor)
   -- 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 the  safety  of  amusement
   devices at places of public accommodation

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 870-a of the labor law, as amended
 by chapter 643 of the laws of 1986, is amended to read as follows:
   1. The purpose of this article is to guard against  personal  injuries
 in  the  assembly,  disassembly  and  use  of amusement devices, viewing
 stands and tents at carnivals, fairs and amusement parks  AND  AMUSEMENT
 DEVICES  AT  PLACES  OF  PUBLIC  ACCOMMODATION to persons employed at or
 attending the same, and, in the event of a personal injury, to insure to
 the injured party the possibility of financial recovery as  against  the
 owner  of  the  carnival,  fair  [or], amusement park OR PLACE OF PUBLIC
 ACCOMMODATION where the injury occurred.
   § 2. Subdivision 1 of section 870-b of the labor law,  as  amended  by
 chapter 643 of the laws of 1986, is amended to read as follows:
   1. This article applies to amusement devices, viewing stands and tents
 at  carnivals,  fairs  and  amusement parks where an admission or fee is
 customarily or usually charged located within the  state,  TO  AMUSEMENT
 DEVICES  AT  PLACES  OF PUBLIC ACCOMMODATION and to the managers of such
 devices, to the persons employed in connection  with  the  same  and  to
 their employees.
   §  3. Section 870-c of the labor law is amended by adding a new subdi-
 vision 18 to read as follows:
   18. "PLACES OF PUBLIC ACCOMMODATION" MEANS ANY  COMMERCIAL  ESTABLISH-
 MENTS  DEALING  WITH GOODS AND SERVICES OF ANY KIND INCLUDING THOSE THAT
 SELL OR PROVIDE FOOD OR BEVERAGES, INCLUDING, BUT NOT LIMITED TO,  SHOP-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10109-01-7

 S. 5316                             2
 
 PING CENTERS, MALLS, WHOLESALE AND RETAIL STORES, RESTAURANTS, BARS, AND
 ANY OTHER PLACE DESIGNATED BY THE COMMISSIONER.
   §  4. Section 870-i of the labor law, as amended by chapter 643 of the
 laws of 1986, is amended to read as follows:
   § 870-i. Additional rule making. The commissioner may make  additional
 rules consistent with this article guarding against personal injuries in
 the  assembly,  disassembly and use of amusement devices, viewing stands
 and tents at carnivals, fairs and amusement parks AND AMUSEMENT  DEVICES
 AT  PLACES  OF PUBLIC ACCOMMODATION to persons employed at or to persons
 attending the carnivals, fairs [and], amusement  parks,  AND  PLACES  OF
 PUBLIC ACCOMMODATION. Where the carnivals, fairs [and], amusement parks,
 AND  PLACES  OF  PUBLIC ACCOMMODATION are located within the city of New
 York, the department of buildings of the city of New York may also  make
 and enforce such additional rules.
   §  5. Subdivision (a) of section 870-m of the labor law, as amended by
 chapter 643 of the laws of 1986, is amended to read as follows:
   (a) In the case of an amusement device, viewing stand or tent operated
 in a carnival, fair [or], amusement park OR  PLACE  OF  PUBLIC  ACCOMMO-
 DATION  located  in  a  city  having a population of over one million, a
 permit or license issued by such city shall satisfy the requirements  of
 section  eight  hundred seventy-d of this article, provided that all the
 requirements for issuance of a permit  by  the  commissioner  have  been
 satisfied.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S5316

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

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Votes

May 1, 2017 - Labor Committee Vote

Labor Committee Vote: May 1, 2017

2017-S5316 (ACTIVE) - Details

2017-S5316 (ACTIVE) - Summary

2017-S5316 (ACTIVE) - Sponsor Memo

2017-S5316 (ACTIVE) - Bill Text download pdf

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Sponsored By

Marisol Alcantara

Archive: Last Bill Status - In Senate Committee Labor Committee

Actions

Votes

2017-S5316 (ACTIVE) - Details

2017-S5316 (ACTIVE) - Summary

2017-S5316 (ACTIVE) - Sponsor Memo

2017-S5316 (ACTIVE) - Bill Text download pdf

Comments