1.1                          A bill for an act
  1.2             relating to commerce; regulating the safety of persons 
  1.3             on amusement rides; amending Minnesota Statutes 1998, 
  1.4             section 184B.01, by adding a subdivision; proposing 
  1.5             coding for new law in Minnesota Statutes, chapter 184B.
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 184B.01, is 
  1.8   amended by adding a subdivision to read: 
  1.9      Subd. 5.  [RIDER.] "Rider" means a person who is: 
  1.10     (1) waiting in the immediate vicinity to get on an 
  1.11  amusement ride; 
  1.12     (2) getting on an amusement ride; 
  1.13     (3) using an amusement ride; 
  1.14     (4) getting off an amusement ride; or 
  1.15     (5) leaving an amusement ride and still in its immediate 
  1.16  vicinity. 
  1.17     Rider does not include employees, agents, or servants of 
  1.18  the operator while engaged in the duties of their employment. 
  1.19     Sec. 2.  [184B.061] [RIDER CONDUCT.] 
  1.20     Subdivision 1.  [REPORTS.] (a) A rider, or parent or 
  1.21  guardian on a minor rider's behalf, shall report in writing to 
  1.22  the operator or the operator's designee any injury sustained on 
  1.23  an amusement ride before leaving the amusement owner's premises, 
  1.24  including: 
  1.25     (1) the name, address, and telephone number of the injured 
  2.1   person; 
  2.2      (2) a brief description of the incident, the injuries 
  2.3   claimed, and the location, date, and time of the injury; 
  2.4      (3) the cause of the injury, if known; and 
  2.5      (4) the names, addresses, and telephone numbers of any 
  2.6   witnesses to the incident. 
  2.7      (b) If the rider, or a parent or guardian on a minor 
  2.8   rider's behalf, is unable to file a report because of the 
  2.9   severity of injuries, the report must be filed as soon as 
  2.10  possible. 
  2.11     (c) The failure of a rider, or a parent or guardian on a 
  2.12  minor rider's behalf, to report an injury under this section 
  2.13  does not affect the rider's right to commence a civil action. 
  2.14     Subd. 2.  [CODE OF CONDUCT.] A rider shall obey reasonable 
  2.15  posted safety rules and oral instructions for an amusement ride 
  2.16  that are consistent with the posted rules, issued by the 
  2.17  operator or an employee or agent.  A rider shall not act in any 
  2.18  manner that may cause or contribute to injuring the rider or 
  2.19  others, including: 
  2.20     (1) exceeding the limits of the rider's ability; 
  2.21     (2) interfering with the safe operation of the amusement 
  2.22  ride; 
  2.23     (3) not engaging any safety devices that are provided; 
  2.24     (4) disconnecting or disabling a safety device except at 
  2.25  the express instruction of the operator; 
  2.26     (5) altering or enhancing the intended speed, course, or 
  2.27  direction of an amusement ride; 
  2.28     (6) using the controls of an amusement ride designed solely 
  2.29  to be operated by the ride operator; 
  2.30     (7) throwing, dropping, or expelling an object from or 
  2.31  toward an amusement ride except as permitted by the ride 
  2.32  operator; and 
  2.33     (8) getting on or off an amusement ride except at the 
  2.34  designated time and area, if any, at the direction of the ride 
  2.35  operator, or in an emergency. 
  2.36     Subd. 3.  [RIDER QUALIFICATIONS.] A rider shall not get on 
  3.1   or attempt to get on an amusement ride unless the rider, or a 
  3.2   parent or guardian on a minor rider's behalf, reasonably 
  3.3   determines that, at a minimum, the rider: 
  3.4      (1) has located, reviewed, and understood any signs in the 
  3.5   vicinity of the ride and has satisfied any posted height, 
  3.6   medical, or other restrictions; and 
  3.7      (2) is not under the influence of alcohol or any drug that 
  3.8   affects the rider's ability to safely use the amusement ride or 
  3.9   obey the posted rules or oral instructions. 
  3.10     Subd. 4.  [OWNER RESPONSIBILITY.] If an amusement ride is 
  3.11  located on property owned by someone other than the operator, 
  3.12  the owner, upon request of the operator, is responsible for 
  3.13  removing a rider who is violating or has violated the code of 
  3.14  conduct in subdivision 2 from the property. 
  3.15     Subd. 5.  [REMEDIES.] (a) A violation of this section does 
  3.16  not preclude a rider's cause of action for damages.  The rider's 
  3.17  action for damages is governed by section 604.01. 
  3.18     (b) Failure to comply with this section is not punishable 
  3.19  as a crime under section 609.03.  A violation of this section 
  3.20  that constitutes a crime under any other provision of chapter 
  3.21  609 may be prosecuted pursuant to that provision of chapter 609. 
  3.22     Sec. 3.  [184B.062] [NOTICE TO RIDERS.] 
  3.23     Subdivision 1.  [GENERAL SIGNS.] An operator shall display 
  3.24  signs indicating the applicable safety responsibilities of 
  3.25  riders under section 184B.061 and the location of stations to 
  3.26  report injuries.  These signs must be located at: 
  3.27     (1) each station for reporting an injury; 
  3.28     (2) each first aid station; and 
  3.29     (3) either: 
  3.30     (i) at least four other locations on the premises, 
  3.31  including premises entrance and exit, if there are no more than 
  3.32  four entrances or exits for riders; 
  3.33     (ii) at least four other locations on the premises, 
  3.34  including the four premises entrances and exits most commonly 
  3.35  used by riders, if there are more than four entrances and exits 
  3.36  for riders; or 
  4.1      (iii) each amusement ride. 
  4.2      Subd. 2.  [INDIVIDUAL AMUSEMENT RIDE SIGNS.] (a) An 
  4.3   amusement owner shall post a sign at each amusement ride that 
  4.4   includes: 
  4.5      (1) operational instructions, if any; 
  4.6      (2) safety guidelines for riders, if any; 
  4.7      (3) restrictions on the use of the amusement ride, if any; 
  4.8      (4) behavior or activities that are prohibited, if any; and 
  4.9      (5) a legend providing that "State law requires riders to 
  4.10  obey all warnings and directions for this ride and behave in a 
  4.11  manner that will not cause or contribute to injuring themselves 
  4.12  or others.  Riders must report injuries before leaving." 
  4.13     (b) A sign required by this section must be prominently 
  4.14  displayed at a conspicuous location, clearly visible to the 
  4.15  public, and bold and legible in design.