Minnesota Legislature
HF 1915
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to amusement rides; modifying provisions regulating amusement
rides; defining terms; amending Minnesota Statutes 2006, sections 184B.01,
subdivision 4, by adding subdivisions; 184B.02; 184B.03; 184B.05; 184B.06;
proposing coding for new law in Minnesota Statutes, chapter 184B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 184B.01, is amended by adding a
subdivision to read:
new text begin Subd. 2a. new text end
new text begin Certified amusement ride inspector. new text end
new text begin
"Certified amusement ride
inspector" means an individual who holds one or more of the following current
certifications:
new text end
new text begin
(1) a Level II Amusement Ride and Device Inspector certification issued by the
National Association of Amusement Ride Safety Officials (NAARSO);
new text end
new text begin
(2) a Level III Amusement Ride and Device Inspector certification issued by the
National Association of Amusement Ride Safety Officials (NAARSO);
new text end
new text begin
(3) a Level II Certified Maintenance Technician certification issued by the
Amusement Industry Manufacturers and Suppliers (AIMS) International;
new text end
new text begin
(4) a Level III Certified Maintenance Professional certification issued by the
Amusement Industry Manufacturers and Suppliers (AIMS) International;
new text end
new text begin
(5) a Level II Certified Operations Technician certification issued by the Amusement
Industry Manufacturers and Suppliers (AIMS) International; or
new text end
new text begin
(6) a Level III Certified Operations Professional certification issued by the
Amusement Industry Manufacturers and Suppliers (AIMS) International.
new text end
Sec. 2.
Minnesota Statutes 2006, section 184B.01, subdivision 4, is amended to read:
Subd. 4.
Operator.
"Operator" means deleted text begin a person who owns an amusement ridedeleted text end new text begin
the individual having direct control of the starting, stopping, or speed control of an
amusement ridenew text end .
Sec. 3.
Minnesota Statutes 2006, section 184B.01, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Owner. new text end
new text begin
"Owner" means a person who owns, leases, or manages the
operation of an amusement ride.
new text end
Sec. 4.
Minnesota Statutes 2006, section 184B.01, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Rider. new text end
new text begin
(a) "Rider" means an individual who is in the immediate vicinity of
an amusement ride, including an individual:
new text end
new text begin
(1) waiting in the immediate vicinity of an amusement ride;
new text end
new text begin
(2) getting on an amusement ride;
new text end
new text begin
(3) on an amusement ride before, during, and after its operation;
new text end
new text begin
(4) getting off an amusement ride; or
new text end
new text begin
(5) leaving or approaching an amusement ride and in its immediate vicinity.
new text end
new text begin
(b) Rider does not include:
new text end
new text begin
(1) any operator while operating the amusement ride or any employees, agents, or
servants of an operator while engaged in the duties of employment; or
new text end
new text begin
(2) any owner or any employees, agents, or servants of an owner while engaged in
the duties of employment.
new text end
Sec. 5.
Minnesota Statutes 2006, section 184B.02, is amended to read:
184B.02 INSURANCE REQUIREMENTS.
deleted text begin
An operator must have an insurance policy in force written by an insurance company
authorized to do business in this state, in an amount of not less than $1,000,000 per
occurrence, insuring the operator against liability for injury to persons arising out of the
use of an amusement ride.
deleted text end
new text begin
No person shall operate an amusement ride unless there is an
insurance policy in force, written by an insurance company authorized to do business
in this state, with limits of not less than $1,000,000 per occurrence and $2,000,000
aggregate, insuring all owners against liability for injury to a rider in connection with the
amusement ride. Before an amusement ride is operated, an owner of the amusement ride
must file with each sponsor, lessor, landowner, or other person who has contracted for
the amusement ride to be offered to any riders a certificate stating that the insurance
required by this section is in effect.
new text end
new text begin
The insurance certificate or attached schedule shall identify each amusement ride
included in the coverage by name, manufacturer, and serial number.
new text end
new text begin
An owner of the amusement ride must file with the commissioner a certificate
stating the insurance required by this section is in effect. If the amusement ride is not
operated on a continual year-round basis, an owner must file the insurance certificate
with the commissioner not later than 30 days before the first operation of the amusement
ride in Minnesota in any calendar year. If the amusement ride is operated on a continual
year-round basis, an owner must file the insurance certificate with the commissioner not
later than ten days after the effective date of the insurance.
new text end
Sec. 6.
Minnesota Statutes 2006, section 184B.03, is amended to read:
184B.03 INSPECTION.
new text begin Subdivision. 1. new text end
new text begin Annual inspections. new text end
deleted text begin
(a) An amusement ride must be inspected at
least once annually by an insurer or a person with whom the insurer has contracted. If
an inspection reveals that an amusement ride does not meet the insurer's underwriting
standards, the insurer must notify the operator. An operator must not operate an
amusement ride until the ride passes an insurer's inspection for all items related to safe
operation of the amusement ride.
deleted text end
deleted text begin
(b) The inspection required under this section must include testing consistent with
current American Society for Testing and Material standards and specifications for
amusement rides and devices. The inspection required by this section is in addition to any
other inspection required or permitted by law.
deleted text end
deleted text begin
(c) An operator must permit reasonable inspection of an amusement ride by the
insurance company that insures the ride.
deleted text end
deleted text begin
(d) Paragraphs (a) and (b) do not apply to amusement rides permanently located in an
amusement park where the owner has a rehabilitative and preventative ride maintenance
program that includes daily ride inspections for the protection of the general public and a
full-time, permanent maintenance staff and has an insurance policy in force written by
an insurance company authorized to do business in this state, in an amount of not less
than $50,000,000, insuring the operator against liability for injury to persons arising out
of the use of an amusement ride.
deleted text end
new text begin
(a) An amusement ride must be inspected at least once annually by a certified
amusement ride inspector. The certified amusement ride inspector must be either:
new text end
new text begin
(1) an employee of the insurance company that insures the amusement ride; or
new text end
new text begin
(2) an independent inspection service provider that the insurance company or owner
has contracted with, or an employee of the independent inspection service provider. If
the certified amusement ride inspector is not an employee of the insurance company
that insures the amusement ride, then the independent inspection service provider must,
before performing the inspection, provide proof of liability insurance in the amount of
$1,000,000 to the insurance company or owner with whom the independent service
provider has contracted.
new text end
new text begin
(b) Amusement rides that are not operated in Minnesota on a continual year-round
basis must be inspected in the same calendar year and prior to the first operation in
Minnesota.
new text end
new text begin
(c) If an inspection reveals that an amusement ride does not meet the current
American Society for Testing and Materials (ASTM) Standards on Amusement Rides and
Devices, F 846-92 and F 893-04, the insurer or independent inspection service provider
must notify the owner of all defects.
new text end
new text begin
(d) No person shall operate an amusement ride unless: (1) the amusement ride
passed the most recent annual inspection required by this section; or (2) all defects
identified during the most recent annual inspection have been corrected and the amusement
ride passed a reinspection.
new text end
new text begin
(e) All inspections and reinspections required by this section must include evaluation
consistent with the current ASTM Standards on Amusement Rides and Devices, F
846-92 and F 893-04. All owners and operators must permit reasonable inspection of
an amusement ride by the certified amusement ride inspector selected by the insurer or
independent inspection service provider.
new text end
new text begin
(f) The inspections required by this section are in addition to any other inspections
required or permitted by law.
new text end
new text begin
(g) Before the amusement ride is operated, an owner of an amusement ride must
file with each sponsor, lessor, landowner, or other person who has contracted for the
amusement ride to be offered to any riders an inspection affidavit attesting that the
amusement ride passed the most recent inspection or reinspection required by this
section. The inspection affidavit shall identify the amusement ride by name, manufacturer
and serial number, the date inspection was performed, and the inspector's name and
certification number.
new text end
new text begin
(h) An owner of an amusement ride must also file the affidavit of inspection with the
commissioner not later than ten days after the completion of each inspection, required by
this section, that the amusement ride passes.
new text end
new text begin Subd. 2. new text end
new text begin Daily inspections. new text end
new text begin
No person shall operate an amusement ride unless a
daily inspection has been performed according to this section on the day of operation. An
owner or operator of the amusement ride shall perform the daily inspection before the ride
is put into operation that day. The daily inspection shall be consistent with the current
ASTM Standards on Amusement Rides and Devices, F 770-93. Each daily inspection
shall be recorded in a daily logbook kept for each amusement ride. An owner of the
amusement ride shall maintain the record of daily inspections for a period of not less than
three years, and shall make the record of daily inspections available to the commissioner
upon request. An owner or operator shall not knowingly operate, or permit to be operated,
an amusement ride that has not passed the most recent daily inspection.
new text end
Sec. 7.
new text begin
[184B.045] RECORDING AND REPORTING.
new text end
new text begin
(a) An owner shall maintain a first-aid incident report log for all rider injuries or
illnesses resulting from the operation of an amusement ride, other than minor injuries or
illnesses. The recorded information shall include the following:
new text end
new text begin
(1) date the injury or illness occurred;
new text end
new text begin
(2) name, address, and telephone number of the rider receiving emergency health
care service or treatment;
new text end
new text begin
(3) age of the rider;
new text end
new text begin
(4) manufacturer's name and serial number of the amusement ride involved in the
incident or illness;
new text end
new text begin
(5) description of the injury or illness;
new text end
new text begin
(6) description of the first-aid service or treatment administered; and
new text end
new text begin
(7) any other pertinent information.
new text end
new text begin
(b) An owner shall maintain the first-aid incident report log for a period of not
less than three years, and shall make the first-aid incident report log available to the
commissioner upon request. An owner of an amusement ride shall provide a report to
the commissioner of any accident or incident arising form the use or operation of an
amusement ride resulting in serious rider injury or illness. A serious injury or illness is an
injury or illness that results in death, dismemberment, disfigurement, compound fracture,
or permanent loss of the use of a body organ, member, function, or system, or that requires
hospital admission within 24 hours of the accident or incident.
new text end
Sec. 8.
Minnesota Statutes 2006, section 184B.05, is amended to read:
184B.05 COMMISSIONER INFORMATION REQUESTS.
deleted text begin
The commissioner may request from the sponsor, lessor, landowner, or other person
responsible for an amusement ride being offered for use by the public, whether or not the
person is the operator, information concerning whether the insurance required by section
184B.02 is in effect on the amusement ride, and whether the inspection required by section
184B.03 has occurred. The person to whom the information request is made must respond
to the commissioner within 15 days after the request is made.
deleted text end
new text begin
Each owner of an amusement
ride shall cooperate with the commissioner and shall, upon the commissioner's request,
provide information to the commissioner regarding the operation of the amusement ride.
When the commissioner requests information about the operation of an amusement ride,
the commissioner shall identify a reasonable time limit for a response to the request.
new text end
Sec. 9.
Minnesota Statutes 2006, section 184B.06, is amended to read:
184B.06 CIVIL PENALTY.
new text begin (a) new text end A person that violates sections 184B.01 to deleted text begin 184B.05deleted text end new text begin 184B.10new text end is subject to a
fine of up to $2,000 for each day the violation exists. A county attorney in a county in
which an amusement ride is operated in violation of this chapter may enforce this section
by action in district court.
new text begin
(b) Failure to comply with this chapter is not punishable as a crime under section
645.241 or 609.03. A violation of this chapter that constitutes a crime under any other
provision of chapter 609 may be prosecuted pursuant to that provision of chapter 609.
new text end
Sec. 10.
new text begin
[184B.08] RIDER INJURY REPORTS.
new text end
new text begin
If a rider reports an injury, the operator or the operator's designee shall obtain and
make a record of the following information:
new text end
new text begin
(1) the name, address, and telephone number of the injured person;
new text end
new text begin
(2) a brief description of the incident, the injuries claimed, and the location, date,
and time of the injury;
new text end
new text begin
(3) the cause of the injury, if known; and
new text end
new text begin
(4) the names, addresses, and telephone numbers of any witnesses to the incident.
new text end
Sec. 11.
new text begin
[184B.09] SAFETY RULES.
new text end
new text begin
The safety rules required under section 184B.10 shall include a statement that the
rider shall not:
new text end
new text begin
(1) get on or off an amusement ride except at the designated time and area unless
instructed by the operator;
new text end
new text begin
(2) disconnect any safety device provided for the ride except as directed by the
operator;
new text end
new text begin
(3) ride under the influence of any alcohol or drug affecting the rider's ability to
safely use the amusement ride or follow instructions;
new text end
new text begin
(4) interfere with the safe operation of the ride; and
new text end
new text begin
(5) behave in an unsafe manner.
new text end
Sec. 12.
new text begin
[184B.10] NOTICE TO RIDERS.
new text end
new text begin Subdivision 1. new text end
new text begin General signs. new text end
new text begin
An operator shall display signs indicating the
applicable safety responsibilities of riders under section 184B.09 and the location of
stations to report injuries. These signs must be displayed at each location where tickets or
passes for the use of any ride are sold or otherwise provided.
new text end
new text begin Subd. 2. new text end
new text begin Individual amusement ride signs. new text end
new text begin
(a) An owner shall post a sign at
each amusement ride that includes:
new text end
new text begin
(1) operational instructions, if any;
new text end
new text begin
(2) safety rules for riders, set forth in section 184B.09;
new text end
new text begin
(3) restrictions on the use of the amusement ride, if any;
new text end
new text begin
(4) behavior or activities that are prohibited, if any; and
new text end
new text begin
(5) a location at which riders may report injuries.
new text end
new text begin
(b) A sign required by this section must be prominently displayed at a conspicuous
location, clearly visible to the public, and bold and legible in design.
new text end
Sec. 13. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 12 are effective January 1, 2008.
new text end