Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 382-S.F.No. 764 
           An act relating to public safety; regulating amusement 
          rides; requiring insurance and inspections; providing 
          penalties; proposing coding for new law as Minnesota 
          Statutes, chapter 184B. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  [184B.01] [DEFINITIONS.] 
    Subdivision 1.  [SCOPE.] For the purposes of this chapter, 
the terms defined in this section have the meanings given them. 
    Subd. 2.  [AMUSEMENT RIDE.] "Amusement ride" means a 
mechanical device that carries or conveys passengers along, 
around, or over a fixed or restricted route or course for the 
purpose of giving its passengers amusement, pleasure, thrills, 
or excitement. 
    "Amusement ride" does not include: 
    (1) a coin-operated ride that is manually, mechanically, or 
electrically operated and customarily placed in a public 
location and that does not normally require the supervision or 
services of an operator; or 
    (2) nonmechanized playground equipment, including but not 
limited to swings, seesaws, stationary spring-mounted animal 
features, rider-propelled merry-go-rounds, climbers, playground 
slides, trampolines, and physical fitness devices. 
    Subd. 3.  [COMMISSIONER.] "Commissioner" means the 
commissioner of labor and industry. 
    Subd. 4.  [OPERATOR.] "Operator" means a person, who owns 
an amusement ride. 
    Sec. 2.  [184B.02] [INSURANCE REQUIREMENTS.] 
    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.  
    Sec. 3.  [184B.03] [INSPECTION.] 
    (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.  
    (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. 
    (c) An operator must permit reasonable inspection of an 
amusement ride by the insurance company that insures the ride. 
    (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.  
    Sec. 4.  [184B.04] [FILING.] 
    An operator must file with each sponsor, lessor, landowner, 
or other person responsible for an amusement ride being offered 
for use by the public:  
    (1) a certificate stating that the insurance required by 
section 2 is in effect; and 
    (2) an affidavit attesting that the inspection required by 
section 3 has been performed.  
    Sec. 5.  [184B.05] [COMMISSIONER INFORMATION REQUESTS.] 
    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 2 is in effect on the amusement ride, and 
whether the inspection required by section 3 has occurred.  The 
person to whom the information request is made must respond to 
the commissioner within 15 days after the request is made. 
    Sec. 6.  [184B.06] [CIVIL PENALTY.] 
    A person that violates sections 1 to 5 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.  
    Sec. 7.  [184B.07] [INJUNCTIONS.] 
    A county attorney in a county in which an amusement ride is 
operated or, on request of the commissioner, the attorney 
general, may obtain an injunction or other equitable relief 
against an actual or threatened violation of this chapter. 
    Sec. 8.  [EFFECTIVE DATE.] 
    Sections 1 to 7 are effective August 1, 1991. 
    Presented to the governor March 30, 1992 
    Signed by the governor March 31, 1992, 6:05 p.m.