HCS HB 1434 -- REGULATION OF AMUSEMENT RIDES

This bill makes several changes to amusement ride regulations.
The term "qualified inspector" is expanded to include members of
the Amusement Industry Manufacturing and Suppliers (AIMS) that
meet the Amusement Ride Safety Board's qualifications.  The term
"serious physical injury" is redefined and the term "serious
incident" is defined.  The bill creates the Amusement Ride
Safety Board to consult with engineering authorities; to adopt a
code of rules and regulations governing maintenance, testing,
operation, and inspection of rides; and to make recommendations
to the State Fire Marshal concerning related safety issues.  The
board will consist of 9 members representing various interested
parties.

In the case of a fatality, serious physical injury, or serious
incident, the owner of the ride will immediately notify the
State Fire Marshal's office.  Current law requires the owner to
send an accident report to the Director of the Department of
Public Safety by mail or fax within 24 hours.  The bill also
allows the director's designee to inspect the amusement ride on
which the accident occurred.  Currently, the law requires a
qualified inspector to make such an inspection.

The bill prohibits a person from operating an amusement ride
unless the owner:

(1)  Has the ride inspected at least once annually by a
qualified inspector and obtains written documentation that the
inspection was made, that the ride meets the standards for
coverage, and that it has coverage either by an insurance policy
or bond for at least $1,000,000 per occurrence or by cash or
other surety acceptable to the department;

(2)  Files with the department the inspection and insurance or
other coverage documentation; and

(3)  Obtains from the department a state operating permit and
affixes the permit to the ride.  The cost of the permit will not
exceed actual administrative costs.  All fees collected for
permits will be deposited in the General Revenue Fund.

The bill has an effective date of January 1, 2001.

HCS HB 1434 -- REGULATION OF AMUSEMENT RIDES (Skaggs)

This substitute makes several changes to amusement ride
regulations.  The term "qualified inspector" is expanded to
include members of the Amusement Industry Manufacturing and
Suppliers (AIMS) that meet the Amusement Ride Safety Board's
qualifications.  The term "serious physical injury" is redefined
and the term "serious incident" is defined.  The substitute
creates the Amusement Ride Safety Board to consult with
engineering authorities, to adopt a code of rules and
regulations governing maintenance, testing, operation, and
inspection of rides, and to make recommendations to the State
Fire Marshal concerning related safety issues.  The board will
consist of 9 members representing various interested parties.

In the case of a fatality, serious physical injury, or serious
incident, the owner of the ride will immediately notify the
State Fire Marshal's office.  Current law requires the owner to
send an accident report to the Director of the Department of
Public Safety by mail or fax within 24 hours.  The substitute
also allows the director's designee to inspect the amusement
ride on which the accident occurred.  Currently, the law
requires a qualified inspector to make such an inspection.

The substitute requires a person operating an amusement ride to:

(1)  Have the ride inspected at least once annually by a
qualified inspector and obtain written documentation that the
inspection was made, that the ride meets the standards for
coverage, and that it has coverage either by an insurance policy
or bond for at least $1,000,000 per occurrence or by cash or
other surety acceptable to the department;

(2)  File with the department the inspection and insurance or
other coverage documentation; and

(3)  Obtain from the department a state-operating permit and
affix the permit to the ride.  The cost of the permit will not
exceed actual administrative costs.  All fees collected for
permits will be deposited in the General Revenue Fund.

The bill has an effective date of January 1, 2001.

FISCAL NOTE:  Estimated Net Income to General Revenue Fund of
$14,906 in FY 2001, $6,741 in FY 2002, and $5,823 in FY 2003.

HCS HB 1434 -- AMUSEMENT RIDES

SPONSOR:  Schilling (Skaggs)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Consumer
Protection and Housing by a vote of 18 to 2.

This substitute makes several changes to amusement ride
regulations.  The term "qualified inspector" is expanded to
include members of the Amusement Industry Manufacturing and
Suppliers (AIMS) that meet the Amusement Ride Safety Board's
qualifications.  The term "serious physical injury" is redefined
and the term "serious incident" is defined.  The substitute
creates the Amusement Ride Safety Board to consult with
engineering authorities, to adopt a code of rules and
regulations governing maintenance, testing, operation, and
inspection of rides, and to make recommendations to the State
Fire Marshal concerning related safety issues.

In the case of a fatality, serious physical injury, or serious
incident, the owner of the ride will immediately notify the
State Fire Marshal's office.  Current law requires the owner to
send an accident report to the Director of the Department of
Public Safety by mail or fax within 24 hours.  The substitute
also allows the director's designee to inspect the amusement
ride on which the accident occurred.  Currently, the law
requires a qualified inspector to make such an inspection.

The substitute requires a person operating an amusement ride to:

(1)  Have the ride inspected at least once annually by a
qualified inspector and obtain written documentation that the
inspection was made, that the ride meets the standards for
coverage, and that it has either coverage by an insurance policy
or bond for at least $1,000,000 per occurrence or cash or other
surety acceptable to the department;

(2)  File with the department the inspection and insurance or
other coverage documentation; and

(3)  Obtain from the department a state-operating permit and
affix the permit to the ride.  The cost of the permit will not
exceed actual administrative costs.  All fees collected for
permits will be deposited in the General Revenue Fund.

FISCAL NOTE:  Estimated Net Income to General Revenue Fund of
$8,313 in FY 2001, $7,491 in FY 2002, and $6,563 in FY 2003.

PROPONENTS:  Supporters say that safety is among their greatest
concerns and that several definitions need clarification.

Testifying for the bill were Representatives Skaggs and Scott;
and Assistant State Fire Marshal.

OPPONENTS:  Those who oppose the bill say that currently,
inspections are done daily, weekly, and monthly by employees of
amusement parks and insurance carriers.

Testifying against the bill were Worlds of Fun; and Six Flags.

Donna Schlosser, Legislative Analyst

HB 1434 -- Amusement Rides

Sponsor:  Skaggs

This bill makes several changes to amusement ride regulations.

In the case of a fatality or serious physical injury, the owner
of the ride will immediately give notice of the accident to
local law enforcement agencies and local fire service agencies,
if necessary.  Current law requires the owner to send an
accident report to the Director of the Department of Public
Safety by mail or fax within 24 hours.  The bill also allows the
director's designee to inspect the amusement ride on which the
accident occurred.  Currently, the law requires a qualified
inspector to make such an inspection.

The bill requires a person operating an amusement ride to:

(1)  Have the ride inspected at least once annually by an
insurer and obtain written documentation that the inspection was
made, that the ride meets the standards for coverage, and that
it is covered by an insurance policy in an amount of at least
$100,000 per occurrence;

(2)  File with the department the inspection documentation and
the insurance policy; and

(3)  Obtain from the department a state-operating permit and
affix the permit to the ride.  The cost of the permit will not
exceed actual administrative costs.  All fees collected for
permits will be deposited in the General Revenue Fund.

The inspection for insurance coverage will include a method to
test the stress and wear related to damage of critical parts of
an amusement ride that are reasonably subject to failure and
could cause injury to a member of the general public as a result
of failure.