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SF 1370

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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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.07;
proposing coding for new law in Minnesota Statutes, chapter 184B; repealing
Minnesota Statutes 2006, section 184B.06.

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 begina person who owns an amusement ridedeleted text endnew text begin
the individual having direct control of the starting, stopping, or speed control of an
amusement ride
new 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 copy of the insurance policy or a certificate
stating that the insurance required by this section is in effect.
new text end

new text begin The copy of the insurance policy, 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, or the State Agricultural Society on its behalf,
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, or the State Agricultural Society on its behalf, 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, or the State Agricultural Society on its behalf, 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.

new text begin [184B.021] RIDE OPERATOR REQUIREMENTS.
new text end

new text begin The owner of an amusement ride must have a documented training policy for the
operation of an amusement ride. The ride owner must maintain a written certification for
each person controlling the physical operation of an amusement ride that the person has
received the training for the ride that is required by the documented training policy.
new text end

Sec. 7.

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,
or the State Agricultural Society, has contracted with, or an employee of the independent
inspection service provider. If the certified amusement ride inspector is not an employee
or agent 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, or the
State Agricultural Society, 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 July 1, or the first operation
in Minnesota, whichever is later. Amusement rides that did not pass an inspection required
by this section in the previous year must be inspected before being operated 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, or the State Agricultural Society on its behalf,
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 or certified amusement ride inspector 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, or the State Agricultural Society
on its behalf, 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

new text begin Subd. 3. new text end

new text begin Inspection after alteration or modification. new text end

new text begin An amusement ride that has
been modified or altered in a manner that changes its dynamics or control system from
the original manufacturer's design or specification since its last annual inspection must be
inspected by a certified amusement ride inspector before it may be operated.
new text end

new text begin Subd. 4. new text end

new text begin Inspection after serious injury or illness. new text end

new text begin An amusement ride must be
inspected by a certified amusement ride inspector and approved by the commissioner
before it may be operated following a serious injury or illness involving the ride. A
"serious injury or illness" has the meaning given it in section 184B.045.
new text end

new text begin Subd. 5. new text end

new text begin Availability for inspection. new text end

new text begin The owner of an amusement ride must make
the ride available for inspections at all reasonable times and places requested by the
commissioner or a law enforcement agency.
new text end

Sec. 8.

new text begin [184B.045] RECORDING AND REPORTING.
new text end

new text begin (a) An owner, or the State Agricultural Society on its behalf, 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, or the State Agricultural Society on its behalf, 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, or the State Agricultural Society on its behalf, shall provide a report to
the commissioner and a local law enforcement agency of any accident or incident arising
from the use or operation of an amusement ride resulting in serious rider injury or illness.
The accident involving the serious injury or illness must be investigated by the local law
enforcement agency or the commissioner. 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. 9.

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, or the State Agricultural Society on its behalf, 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. 10.

Minnesota Statutes 2006, section 184B.07, is amended to read:


184B.07 INJUNCTIONS.

A county attorney in a county in which an amusement ride is operated deleted text beginor, on request
of the commissioner, the attorney general,
deleted text end may obtain an injunction or other equitable
relief against an actual or threatened violation of this chapter.

Sec. 11.

new text begin [184B.08] OPERATOR ENFORCEMENT.
new text end

new text begin A ride operator, owner, the State Agricultural Society, a sponsor, lessor, landowner,
or other person who has contracted for the amusement ride to be offered to any riders may
impose and enforce reasonable safety rules regarding the behavior of riders. An operator,
owner, the State Agricultural Society, a sponsor, lessor, landowner, or other person who has
contracted for the amusement ride to be offered to any riders, or its agents, may prohibit a
person from riding a ride or may remove a rider from a ride for violations of those rules.
new text end

Sec. 12.

new text begin [184B.09] COMMISSIONER ORDER.
new text end

new text begin The commissioner may issue an order requiring an amusement ride operator to cease
operation of a ride if the commissioner finds that a ride is unsafe to operate.
new text end

Sec. 13. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 184B.06, new text end new text begin is repealed.
new text end

Sec. 14. new text beginEFFECTIVE DATE.
new text end

new text begin This act is effective January 1, 2008.
new text end