Brief ⁽¹⁾

HB 2120 enacts the Amusement Ride Inspection and Enforcement Act. The bill requires the following:

• No amusement ride, as defined in the bill, shall be operated unless there is a liability insurance coverage of not less than $1 million per occurrence and $2 million per annual aggregate. Cities or counties operating amusement rides may self insure. Current law requiring insurance is repealed.
• 
  
  
• Amusement rides cannot be operated unless nondestructive testing of the ride as recommended by the manufacturer has been performed.
• 
  
  
• Safety instructions and warnings for rides must be posted on or near the ride.
• 
  
  
• Patrons of rides must exercise reasonable care, obey all instructions and warnings, refrain from use of alcohol or drugs which prevent safe use of the ride, use all safety devices, refrain from extending arms or legs beyond the carrier or seating, and must report in writing all injuries to the owner.
• 
  
  
• Violation of the act by an owner or operator is a class B misdemeanor. The Attorney General and the county or district attorney may apply to district court for an injunction against rides operated in violation of the act.

The House Committee on Local Government amendments were primarily clarifying in nature.

The House Committee of the Whole amendment was technical in nature.

The Senate Committee amended the bill by deleting the annual inspection requirements.

The bill is effective on January 1, 2002.

Background

The bill, as introduced, was supported by Representative Sloan, who noted Kansas was only one of six states which does not require amusement rides to be inspected. Others who supported the original bill included the Outdoor Amusement Business Association, Inc., the Kansas State Fair, the Kansas Trial Lawyers Association, the Haas and Wilkerson Insurance Company, and others.

The fiscal note indicates there is no fiscal effect.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext.cgi