HCS HB 1341 -- SWIMMING POOL LIABILITY (Ruestman)

COMMITTEE OF ORIGIN:  Special Committee on Health Insurance

This substitute establishes Ethan's Law which requires the owner
of a for-profit, privately owned swimming pool or facility that
has a capacity of less than 500 patrons and charges an admission
fee to maintain adequate liability insurance in an amount of at
least $1 million in the event of injury or death of a patron.
For each day an owner violates the provisions of the substitute,
he or she will be subject to a fine of $250 per day of violation,
with a maximum of $10,000, and will not be permitted to remain in
operation.  An owner could also be responsible for reimbursing
any costs incurred by the state or county for enforcing the fines
and consequences of lacking proper liability insurance.  If an
owner intentionally cancels, terminates, or fails to renew his or
her liability insurance, the owner will be guilty of a class A
misdemeanor.

The Department of Public Safety and local law enforcement
agencies will collaborate to enforce the civil and criminal
consequences when an owner does not have adequate liability
coverage.  Insurance companies must notify the department if an
owner terminates, cancels, or fails to renew his or her liability
insurance.

The substitute contains an emergency clause.

FISCAL NOTE:  No impact on state funds in FY 2009, FY 2010, and
FY 2011.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:10 pm