[As Amended by Senate on Final Action]
As Amended by Senate Committee
[As Amended by House Committee of the
Whole]
As Amended by House Committee
Session of 1999
HOUSE BILL No. 2040
By Representatives Sloan, Benlon, Bethell, Compton,
Feuerborn,
Findley, Freeborn, Huff, E. Peterson, Stone and
Vickrey
1-15
14 AN ACT
concerning amusement rides; relating to inspection and regu-
15 lation thereof;
prohibiting certain acts and providing penalties and
16 remedies for
violations.
17
18 Be it enacted by the Legislature of the
State of Kansas:
19
Section 1. As used in this
act:
20 (a)
(1) "Amusement ride" means any mechanical or electrical
device
21 that carries or conveys
passengers along, around or over a fixed or re-
22 stricted route or course or
within a defined area for the purpose of giving
23 its passengers amusement,
pleasure, thrills or excitement and shall in-
24 clude but not be limited
to:
25
(A) Rides commonly known as ferris wheels, carousels,
parachute
26 towers, bungee jumping, reverse
bungee jumping, tunnels of love and
27 roller
coasters;
28
(B) equipment generally associated with winter activities,
such as ski
29 lifts, ski tows, j-bars, t-bars,
chair lifts and aerial tramways; and
30
(C) equipment not originally designed to be used as an
amusement
31 ride, such as cranes or other
lifting devices, when used as part of an
32 amusement ride.
33
(2) "Amusement ride" does not include:
34
(A) Games, concessions and associated
structures;
35
(B) any single passenger coin-operated ride that: (i) Is
manually, me-
36 chanically or electrically
operated; (ii) is customarily placed in a public
37 location; and (iii) does not
normally require the supervision or services of
38 an operator;
or
39
(C) nonmechanized playground equipment, including, but not
lim-
40 ited to, swings, seesaws,
stationary spring-mounted animal features, rider-
HB 2040--Am. by S on FA
2
1 propelled merry-go-rounds,
climbers, slides, trampolines, moon walks
2 and other inflatable
equipment and physical fitness devices;
or
3
(D) any nonprofit amusement ride owned by a political
sub-
4 division of the
state.[;
or]
5
[(E) any
amusement ride owned and operated by a
not-for-
6 profit
organization.]
7
(b) "Certificate of inspection" means a certificate, signed
and dated
8 by a qualified inspector,
showing that an amusement ride has satisfactorily
9 passed inspection by such
inspector.
10
(c) "Department" means the
department of human resources.
11
(d)
(c) "Nondestructive
testing" means the development and appli-
12 cation of technical methods such
as radiographic, magnetic particle, ul-
13 trasonic, liquid penetrant,
electromagnetic, neutron radiographic, acous-
14 tic emission, visual and leak
testing to:
15
(1) Examine materials or components in ways that do not impair
the
16 future usefulness and
serviceability in order to detect, locate, measure
17 and evaluate discontinuities,
defects and other imperfections;
18
(2) assess integrity, properties and composition;
and
19
(3) measure geometrical characters.
20
(e)
(d) "Operator" means
a person actually engaged in or directly
21 controlling the operations of an
amusement ride.
22
(f)
(e) "Owner" means a
person who owns, leases, controls or man-
23 ages the operations of an
amusement ride and may include the state or
24 any political subdivision of the
state.
25
(g)
(f) "Parent or
guardian" means any parent, guardian or custodian
26 responsible for the control,
safety, training or education of a minor or a
27 disabled person, as defined by
K.S.A. 59-3002 and amendments thereto.
28
(h)
(g)
(1) "Patron" means any individual who is:
29
(A) Waiting in the immediate vicinity of an amusement ride to
get
30 on the ride;
31
(B) getting on an amusement ride;
32
(C) using an amusement ride;
33
(D) getting off an amusement ride; or
34
(E) leaving an amusement ride and still in the immediate
vicinity of
35 the ride.
36
(2) "Patron" does not include employees, agents or servants of
the
37 owner while engaged in the
duties of their employment.
38
(i)
(h) "Person" means
any individual, association, partnership, cor-
39 poration, limited liability
company, government or other entity.
40
(j)
(i) "Qualified
inspector" means a person who holds a current cer-
41 tification or other evidence of
qualification to inspect amusement rides,
42 issued by a program specified by
rules and regulations adopted under
43 section 3.
HB 2040--Am. by S on FA
3
1
(k) "Secretary" means the
secretary of human resources.
2
(l)
(j) "Serious injury"
means an injury that results in:
3
(1) Death, dismemberment, significant disfigurement or
permanent
4 loss of the use of a body
organ, member, function or system;
5
(2) a compound fracture; or
6
(3) other significant injury or illness that requires
immediate admis-
7 sion and overnight
hospitalization and observation by a licensed
physician.
8
(m)
(k) "Sign" means any
symbol or language reasonably calculated
9 to communicate information
to patrons or their parents or guardians,
10 including placards, prerecorded
messages, live public address, stickers,
11 pictures, pictograms, guide
books, brochures, videos, verbal information
12 and visual
signals.
13 Sec.
2. (a) No amusement ride shall be operated in this state
unless
14 at the time of operation the
owner has in effect an insurance policy,
15 written by an insurance company
authorized to do business in Kansas,
16 insuring the owner and operator
against liability for bodily injury to per-
17 sons arising out of the
operation of the amusement ride. Such insurance
18 policy shall:
19
(1) Provide for coverage in an amount not less than $1,000,000
per
20 occurrence and not less than
$2,000,000 in the annual aggregate; and
21
(2) name as an additional insured any person contracting with
the
22 owner for the amusement ride's
operation.
23 (b) An
insurance policy required by this section shall provide that
the
24 insurer may not cancel or refuse
to renew the policy without 30 days'
25 written notice to the following
unless inspection reveals the ride is unsafe
26 and appropriate repairs cannot
or will not be made, in which case cov-
27 erage may be canceled
immediately to force closure of the ride:
28
(1) The insured; and
29
(2) the department.
30 (c) A
copy of the insurance policy required by this section shall
be
31 available for inspection by any
person contracting with the owner for the
32 amusement ride's
operation.
33 Sec.
3. (a) The secretary shall adopt rules
and regulations specifying
34 programs that issue
certification or other evidence of qualification to
in-
35 spect amusement rides and that
the secretary determines require edu-
36 cation, experience and training
at least equivalent to those required on
37 the effective date of this act
for a level 1 certification by the national
38 association of amusement ride
safety officials.
39 (b) No
amusement ride shall be operated in this state unless
such
40 ride has a valid certificate of
inspection by a person with at least a
level
41 1 certification by the
national association of amusement ride offi-
42
cials. An amusement ride
erected at a permanent location in this state
43 shall be inspected by a
qualified inspector at least every 12 months. An
HB 2040--Am. by S on FA
4
1 amusement ride erected at
a temporary location in this state shall have
2 been inspected by a
qualified inspector within the preceding 30
days
3 before it is first
operated in this state in any calendar
year. The
4 certificate of an
inspection required by this subsection shall be signed
and
5 dated by the inspector and
shall be available to any person contracting
6 with the owner for the
amusement ride's operation. In addition, a visible
7 inspection decal or other
evidence of inspection shall be posted in plain
8 view on or near the
amusement ride, in a location where it can easily
be
9 seen.
10 Sec.
4. The owner of an amusement ride shall retain at all
times
11 current maintenance and
inspection records for such ride. Such records
12 shall be available to any person
contracting with the owner for the amuse-
13 ment ride's
operation.
14 Sec.
5. No amusement ride shall be operated in this state unless
non-
15 destructive testing of the ride
has been conducted in accordance with the
16 recommendations of the
manufacturer of the ride and in conformance
17 with standards at least
equivalent to those of the American society for
18 testing and materials that are
in effect on the effective date of this act.
19 Sec.
6. (a) No amusement ride shall be operated in this state
unless
20 the operator has satisfactorily
completed training that includes, at a
21 minimum:
22
(1) Instruction on operating procedures for the ride, the
specific du-
23 ties of the operator, general
safety procedures and emergency
24 procedures;
25
(2) demonstration of physical operation of the ride;
and
26
(3) supervised observation of the operator's physical
operation of the
27 ride.
28 (b) No
amusement ride shall be operated in this state unless the
name
29 of each operator trained to
operate the ride and the certificate of each
30 such operator's satisfactory
completion of such training, signed and dated
31 by the trainer, is available to
any person contracting with the owner for
32 the amusement ride's operation
on the premises where the amusement
33 ride is operated, during the
hours of operation of the ride.
34 Sec.
7. No amusement ride shall be operated in this state
unless
35 there is posted in plain view on
or near the ride, in a location where they
36 can be easily read,
all safety instructions for the ride.
37 Sec.
8. (a) Each patron of an amusement ride, by participation,
ac-
38 cepts the risks inherent in such
participation of which an ordinary prudent
39 person is or should be
aware.
40
(b) Each patron of an amusement ride has a duty
to:
41
(1) Exercise the judgment and act in the manner of an ordinary
pru-
42 dent person while participating
in an amusement ride;
43
(2) obey all instructions and warnings, written or oral, prior
to and
HB 2040--Am. by S on FA
5
1 during participation in an
amusement ride;
2
(3) refrain from participation in an amusement ride while
under the
3 influence of alcohol or
drugs;
4
(4) engage all safety devices that are
provided;
5
(5) refrain from disconnecting or disabling any safety device
except
6 at the express direction
of the owner's agent or employee; and
7
(6) refrain from extending arms and legs beyond the carrier or
seating
8 area except at the express
direction of the owner's agent or employee.
9
(c) (1) A patron, or a patron's parent or guardian on a
patron's behalf,
10 shall report in writing to the
owner any injury sustained on an amusement
11 ride before leaving the
premises, including:
12
(A) The name, address and phone number of the injured
person;
13 (B) a
full description of the incident, the injuries claimed, any
treat-
14 ment received and the location,
date and time of the injury;
15
(C) the cause of the injury, if known; and
16
(D) the names, addresses and phone numbers of any witnesses to
the
17 incident.
18 (2) If
a patron, or a patron's parent or guardian on a patron's
behalf,
19 is unable to file a report
because of the severity of the patron's
injuries,
20 the patron or the patron's
parent or guardian on the patron's behalf shall
21 file the report as soon as
reasonably possible.
22
(3) The failure of a patron, or the patron's parent or
guardian on a
23 patron's behalf, to report an
injury under this subsection shall have no
24 effect on the patron's right to
commence a civil action.
25
(d) Any parent or guardian of a patron shall have a duty to
reasonably
26 ensure that the patron complies
with all provisions of this act.
27 Sec.
9. Any person contracting with an owner for the
amusement
28 ride's operation shall ensure
that:
29
(a) Inspection certificates required by section 3 and
amendments
30 thereto are
available;
31
(b) maintenance and inspection records required by section 4
and
32 amendments thereto are
available; and
33
(c) safety instructions for the ride are posted as required by
section
34 7 and amendments
thereto.
35 Sec.
10. Whenever a serious injury results from the operation of
an
36 amusement ride:
37
(a) Operation of the ride shall immediately be
discontinued;
38
(b) operation of the ride shall not be resumed until it has
been in-
39 spected and the qualified
inspector has approved resumption of opera-
40 tion; and
41
(c) the owner, within 30 days after the injury, shall notify
the man-
42 ufacturer of the ride, if the
manufacturer is known and in existence at
43 the time of the
injury.
HB 2040--Am. by S on FA
6
1
Sec. 11. (a) It is a class B misdemeanor for an owner or
operator of
2 an amusement ride
knowingly to operate, or cause or permit to be op-
3 erated, any amusement ride
in violation of this act.
4
(b) It is a class C misdemeanor knowingly to violate the
provisions of
5 section 9 and amendments
thereto.
6
(c) Each day a violation continues shall constitute a separate
offense.
7
Sec. 12. The attorney general, or the county or district
attorney in a
8 county in which an
amusement ride is located or operated, may apply
to
9 the district court for an
order enjoining operation of any amusement ride
10 operated in violation of this
act.
11 Sec.
13. The governing body of any city or county may establish
and
12 enforce safety standards for
amusement rides in addition to, but not in
13 conflict with, the standards
established by this act.
14 Sec. 14. This
act shall take effect and be in force from and after
its
15 publication in the statute
book.
16
Section 1. As used
in this act:
17 (a) (1)
"Amusement ride" means any mechanical or electrical
18 device that carries or conveys
passengers along, around or over a
19 fixed or restricted route or course
or within a defined area for the
20 purpose of giving its passengers
amusement, pleasure, thrills or ex-
21 citement and shall include but not be
limited to:
22 (A) Rides
commonly known as ferris wheels, carousels, para-
23 chute towers, bungee jumping, reverse
bungee jumping, tunnels of
24 love and roller coasters;
25
(B) equipment generally associated with winter activities,
such
26 as ski lifts, ski tows, j-bars,
t-bars, chair lifts and aerial tramways;
27
(C) equipment not originally designed to be used as an
amuse-
28 ment ride, such as cranes or other
lifting devices, when used as part
29 of an amusement ride;
30 (D) any
inflatable equipment or other device that does not have
31 a rigid structure or frame and which
is inflated or otherwise sup-
32 ported by air pressure;
and
33 (E) any
amusement ride not excluded under paragraph (2) of
34 this subsection.
35
(2) "Amusement ride" shall not include:
36 (A) Games,
concessions and associated structures;
37 (B) any
single passenger coin-operated ride that: (i) Is manu-
38 ally, mechanically or electrically
operated; (ii) is customarily
39 placed in a public location; and
(iii) does not normally require the
40 supervision or services of an
operator; and
41
(C) nonmechanized playground equipment, including, but
not
42 limited to, swings, seesaws,
stationary spring-mounted animal fea-
43 tures, rider-propelled
merry-go-rounds, climbers, slides, trampo-
HB 2040--Am. by S on FA
7
1 lines and physical fitness
devices.
2
(b) "Operator" means a person actually engaged in or
directly
3 controlling the operations of
an amusement ride.
4
(c) "Owner" means a person who owns, leases, controls or
man-
5 ages the operations of an
amusement ride and may include the state
6 or any political subdivision of
the state.
7 Sec.
2. No amusement ride shall be operated in this state
unless
8 at the time of operation the
owner has in effect an insurance policy,
9 written by an insurance company
authorized to do business in Kan-
10 sas, insuring the owner and operator
against liability for bodily
11 injury to persons arising out of the
operation of the amusement ride.
12 Such insurance policy
shall:
13 (a) Provide
for coverage in an amount not less than
$500,000
14 [$250,000 in the case of owners which
are nonprofit organizations
15 and not less than $500,000 for all
other owners]; and
16 (b) name as
an additional insured any person contracting with
17 the owner for the amusement ride's
operation.
18 Sec.
3. The governing body of any city or county may
establish
19 and enforce safety standards for
amusement rides and may require
20 insurance in an amount which exceeds
the amount required by sec-
21 tion 2, and amendments thereto. The
governing body of any city or
22 county may allow, in lieu of an
insurance policy, an owner or op-
23 erator to be
self-insured.
24 Sec. 4. This act
shall take effect and be in force from and after
25 its publication in the statute
book.
26