ANNE C. WALKER, Chief Clerk
AN ACT
To repeal sections 316.203 and 316.209, RSMo Supp. 1999, relating to regulation of amusement rides, and to enact in lieu thereof five new sections relating to the same subject.
Section A. Sections 316.203 and 316.209, RSMo Supp. 1999, are repealed and five new sections enacted in lieu thereof, to be known as sections 316.203, 316.204, 316.205, 316.209 and 316.210, to read as follows:
316.203. As used in sections 316.203 to 316.233, the following terms mean:
(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 public safety;
(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 in respect of amusement rides to perform competently the inspections required by sections 316.203 to 316.233; or
(b) Certified by the [North American] National Association of Amusement Ride Safety Officials (NAARSO) to have and maintain at least a level one certification; or
(c) Is a member of the Amusement Industry Manufacturing and Suppliers (AIMS) and meets such qualifications as are established by the board;
(7) "Related electrical equipment", any electrical apparatus or wiring used in connection with amusement rides;
(8) "Safety rules", the rules and regulations governing rider conduct on an amusement ride, provided such rules and regulations are prominently displayed at or near the entrance to, or loading platform for, the amusement ride; [and]
(9) "Serious physical injury", [any physical injury that results in death or causes admission to a medical care facility with a physical condition determined to be serious as a direct result of the maintenance, operation or use of the amusement park ride.] a patron personal injury immediately reported to the owner or operator as occurring on an amusement ride and which results in death, dismemberment, significant disfigurement or other significant injury that requires immediate in-patient admission and twenty-four-hour hospitalization under the care of a licensed physician for other than medical observation;
(10) "Serious incident", any single incident where three or more persons are immediately transported to a licensed off-site medical care facility for treatment of an injury as a result of being on or the operation of the amusement ride; and
(11) "Board", the amusement ride safety board appointed as provided in sections 316.203 to 316.233.
316.204. 1. There is hereby established an "Amusement Ride Safety Board" to be composed of seven members, one of whom shall be the state fire marshal or the marshal's designee. The remaining six members of the board shall be appointed by the governor with the advice and consent of the senate. Each member appointed by the governor shall be appointed for a staggered term of five years or until his or her successor is appointed. The governor shall fill any vacancy on the board for the remainder of the unexpired term with a representative of the same interest as that of the member whose term is vacant. No more than four members of the board, who are not employees of state or local government shall be members of the same political party.
2. Two members of the board shall represent the interests of small amusement ride businesses that operate in this state. Two members of the board shall represent the interests of the fixed amusement ride parks. One member of the board shall be a resident of this state. One member of the board shall be a mechanical engineer knowledgeable of amusement rides.
3. The state fire marshal shall call the first meeting of the board within sixty days after all members have been appointed and qualified. The members from among their membership shall elect a chairperson. After the initial meeting the members shall meet at the call of the chairperson, but shall meet at least three times per year. Five members of the board shall constitute a quorum.
4. The members of the board shall receive no compensation for their services, and shall be reimbursed for their actual and necessary expenses incurred in the performance of their official duties.
316.205. 1. The amusement ride safety board shall have the following powers:
(1) To consult with engineering authorities and organizations who are studying and developing amusement ride safety standards;
(2) To adopt a code of rules and regulations governing maintenance, testing, operation, and inspection of amusement rides. The board shall have the power to adopt a safety code only for those types of amusement rides defined in the statutes. In promulgating the amusement ride safety code the board may consider any existing or future American Society for Testing and Materials (ASTM) safety standards affecting amusement rides as defined in sections 316.203 to 316.233, or any other nationally acceptable standard;
(3) To make recommendations to the state fire marshal concerning the board's findings on safety issues related to amusement rides.
2. No rule or portion of a rule promulgated pursuant to this section shall take effect unless such rule has been promulgated pursuant to chapter 536, RSMo.
316.209. The operator of an amusement ride shall immediately cease to operate any ride upon which a fatality [or], serious physical injury or serious incident has occurred. The owner of such amusement ride shall [send by mail or facsimile a copy of an accident report of serious physical injury or death to the director within twenty-four hours of the accident] immediately notify the office of the state fire marshal of such 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 a fatality [or], serious physical injury or serious incident caused by the [failure or malfunction] operation of an amusement ride and shall perform the inspection in a manner that proceeds with all practicable speed and minimizes the disruption of the amusement facility at which the amusement ride is located, as well as 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. Such inspections may be completed immediately following the reasonable determination by the qualified inspector or by the director's designee that a principal cause of the serious physical injury was the victim's failure to comply with the posted safety rules or with verbal instructions.
316.210. 1. A person shall not operate an amusement ride unless the person:
(1) Has the amusement ride inspected at least once annually by a qualified inspector, whom the owner or an insurer has provided to perform such inspection, and obtains from such qualified inspector written documentation that the inspection has been made and that the amusement ride meets nationally recognized inspection standards and is covered by the insurance required by subdivision (2) of this subsection;
(2) Has:
(a) An insurance policy currently in force written by an insurance company authorized to do business in this state in an amount of not less than one million dollars per occurrence;
(b) A bond in the same amount as such person's policy from paragraph (a) of this subdivision, provided that the aggregate liability of the surety under such bond shall not exceed the face amount of the bond; or
(c) Cash or other surety acceptable to the department;
(3) Files with the department the inspection report and certificate of insurance verifying the policy required by this section or a photocopy of such documentation or certificate; and
(4) Has been issued a state-operating permit by the department and affixed such permit to designated amusement ride. Such permit fee shall not exceed actual administrative costs.
2. The inspection required pursuant to subdivision (1) of subsection 1 of this section shall be conducted at a minimum to meet the manufacturer's or engineer's recommendations.
3. All fees collected pursuant to this section shall be deposited to the credit of the general revenue
fund.
Missouri House of
Representatives