Read 1st time January 11, 2000, and 1000 copies ordered printed.
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 three new sections relating to the same subject.
Section A. Sections 316.203 and 316.209, RSMo Supp. 1999, are repealed and three new sections enacted in lieu thereof, to be known as sections 316.203, 316.209 and 316.210, to read as follows: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 Amusement Ride Safety Officials (NAARSO) to have and maintain at least a level one certification;
(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] requires immediate medical treatment at 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.
316.209. The operator of an amusement ride shall immediately cease to operate any ride upon which a fatality or serious physical injury 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 local law enforcement agencies, and local fire service agencies if necessary, 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 caused by the failure or malfunction 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 safety rules.
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 an insurer or a person with whom the insurer has contracted and obtains from that insurer or person written documentation that the inspection has been made and that the amusement ride meets the standards for coverage and is covered by the insurance required by subdivision (2) of this subsection;
(2) Has 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 hundred thousand dollars per occurrence;
(3) Files with the department the inspection documentation and the insurance policy required by this section or a photocopy of such documentation or policy; 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 include a method to test the stress and wear related damage of critical parts of an amusement ride that the manufacturer of the ride determines are reasonably subject to failure as the result of stress and wear and could cause injury to a member of the general public as a result of a failure.
3. All fees collected pursuant to this section shall be deposited to the credit of the general revenue
fund.
Missouri House of
Representatives