SECOND REGULAR SESSION
HOUSE BILL NO. 924
88TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES CANUTESON AND SKAGGS (Cosponsors).
Prefiled December 21, 1995 and 1000 copies ordered printed.
DOUGLAS W. BURNETT, Chief Clerk
Relating to amusement ride safety, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri,
Section 1. 1. As used in sections 1 to 9 of this act, the following
(1) "Amusement ride", any mechanical device that
carries or conveys passengers along, around or over a fixed or
restricted route or course or within a defined area for the purpose
of giving its passengers amusement, pleasure or excitement;
(2) "Department", the department of public safety;
(3) "Director", the director of the department of
(4) "Operator", a person or the agent of a person
who owns or controls, or has the duty to control, the operation
of an amusement or ride or related electrical equipment;
(5) "Owner", a person who owns, leases, controls
or manages the operations of an amusement ride and may include
the state or any political subdivision of the state;
(6) "Qualified inspector", any person who is:
(a) Found by the director to possess the requisite training
and experience to perform competently the inspections required
by sections 1 to 9 of this act; and
(b) Certified by the director to perform inspections of amusement
(7) "Related electrical equipment", any electrical
apparatus or wiring used in connection with amusement rides; and
(8) "Serious physical injury", any physical injury
that creates a substantial risk of death or that causes serious
disfigurement or protracted loss or impairment of function of
any part of the body.
Section 2. The director shall promulgate rules necessary to
administer the provisions of sections 1 to 9 of this act including
rules for the reporting of any fatalities or serious physical
injuries incurred from the operation of amusement rides, or related
electrical equipment, and the subsequent inspection of such amusement
rides and related electrical equipment, provided that no rule
or portion of a rule promulgated under the authority of this section
shall become effective unless it has been promulgated pursuant
to the provisions of section 536.024, RSMo.
Section 3. The operator of an amusement ride shall immediately
cease to operate any ride upon which a serious physical injury
or death has occurred. The owner of such amusement ride shall
send a copy of an accident report of serious physical injury or
death to the director within twenty-four hours of the accident.
The cessation shall remain in force until the department has performed
an inspection of any such amusement ride or equipment and has
determined that the ride or related equipment is safe for public
use. The department shall cause such inspection to be initiated
within twenty-four hours of receipt of the report of serious physical
injury or death and shall perform the inspection in a manner that
proceeds with all practicable speed and minimizes the disruption
of unrelated commercial activities. Such inspection shall be performed
by a qualified inspector employed by the department either directly
or through contract. The cost of any such inspection shall be
paid for by the owner of the amusement ride.
Section 4. Each owner or operator shall retain for at least
three years all maintenance and inspection records for each amusement
ride. The owner shall make such records available to the director
or the director's designee upon request.
Section 5. In addition to any and all other remedies, if an
owner, operator or person in charge of any amusement ride or related
electrical equipment covered by sections 1 to 9 of this act continues
to operate any amusement ride or related electrical equipment
covered by sections 1 to 9 of this act, during the pendency of
a cessation pursuant to section 3 of this act, then the director
may petition the circuit court, in an action brought in the name
of the state, for a writ of injunction to restrain the use of
the alleged defective amusement ride or related electrical equipment.
Section 6. Any person who knowingly operates or causes to be
operated an amusement ride in violation of sections 1 to 9 of
this act is guilty of a class A misdemeanor. Each day a violation
continues is a separate offense.
Section 7. Nonmechanized playground equipment, including but
not limited to, swings, seesaws, stationary spring-mounted animal
features, rider-propelled merry-go-rounds, climbers, slides, trampolines
or swinging gates, are exempt from the provisions of sections
1 to 9 of this act.
Section 8. Nothing contained in sections 1 to 9 of this act
shall prevent any political subdivision of this state from licensing
or regulating any amusement ride, electrical equipment, carnival
or circus as otherwise provided by law.
Section 9. Sections 1 to 9 of this act shall not be construed
to alter the duty of care or the liability of an owner of an amusement
ride for injuries or death to any person or damage to any property
arising out of an accident involving an amusement ride. The state
and its officers and employees shall not be construed to assume
liability arising out of an accident involving an amusement ride
by reason of administration of sections 1 to 9 of this act.