language to be deleted (2) new language
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:
"Operator" means a person who owns an amusement ride.
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.
(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.
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.
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.
Presented to the governor May 17, 2007
Signed by the governor May 21, 2007, 1:46 p.m.