CCS SCS HCS HB 276 -- AMUSEMENT RIDES

This bill requires operators of amusement rides to cease to
operate a ride in the event of a serious physical injury or
death due to a problem with the ride and to file a copy of the
accident report with the Director of the Department of Public
Safety within 24 hours of the accident.  The department will
inspect the ride and determine when it is safe again for public
use.  A writ of injunction may be brought if the owner continues
to operate the ride before it has been judged safe by the
inspector.  Persons who operate a ride during the cessation
period will be guilty of a class A misdemeanor.  Maintenance and
accident records for all rides will be maintained with the ride
for at least 3 years.

This bill also requires passengers to obey posted safety rules
and oral instructions issued by the ride operator.  Persons who
interfere with the safety of the ride or other passengers will
be guilty of a class A misdemeanor.  The bill requires
passengers to have sufficient knowledge of the use of a ride and
its safety rules before getting on a ride.

This bill also places any rule promulgated under its authority
under certain standards for withstanding a challenge, requires
the court to award reasonable fees and expenses to any
prevailing party in such a challenge, and requires that rules
promulgated pursuant to the bill expire on August 28th of the
year after they become effective unless extended by statute.
These rules provisions have a conditional termination date.  In
addition, rulemaking authority delegated prior to the effective
date of the bill is repealed.  A statement of nonseverability
applies to this provision.

HCS HB 276 -- AMUSEMENT RIDE SAFETY (Davis, 122)

This substitute requires operators of amusement rides to cease
to operate a ride in the event of a serious physical injury or
death due to a problem with the ride and to file a copy of the
accident report with the Director of the Department of Public
Safety within 24 hours of the accident.  The department will
inspect the ride and determine when it is safe again for public
use.  A writ of injunction will be brought if the owner
continues to operate the ride before it has been judged safe by
the inspector.  Persons who operate a ride during the cessation
period will be guilty of a class A misdemeanor.  Maintenance and
accident records for all rides will be maintained with the ride
for 3 years.

This substitute also requires passengers to obey posted safety
rules.  Persons who interfere with the safety of the ride will
be guilty of a class A misdemeanor.  Passengers are required to
have sufficient knowledge of the use of a ride and its safety
rules before getting on a ride.

This substitute also places any rule promulgated pursuant to its
authority under certain standards for withstanding a challenge,
requires the court to award reasonable fees and expenses to any
prevailing party in such a challenge, and requires that rules
promulgated pursuant to the bill expire on August 28th of the
year after they become effective unless extended by statute.
These rules provisions have a conditional termination date.

FISCAL NOTE:  No impact on state funds.

HCS HB 276 -- AMUSEMENT RIDE SAFETY

CO-SPONSORS:  McLuckie (Davis, 122)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Consumer
Protection by a vote of 15 0.

This substitute requires operators of amusement rides to cease
to operate a ride in the event of a serious physical injury or
death due to a problem with the ride and to file a copy of the
accident report with the Director of the Department of Public
Safety within 24 hours of the accident.  The department will
inspect the ride and determine when it is safe again for public
use.  A writ of injunction will be brought if the owner
continues to operate the ride before it has been judged safe by
the inspector.  Persons who operate a ride during the cessation
period will be guilty of a class A misdemeanor.  Maintenance and
accident records for all rides will be maintained with the ride
for 3 years.

This substitute also requires passengers to obey posted safety
rules.  Persons who interfere with the safety of the ride will
be guilty of a class A misdemeanor.

This substitute requires passengers to have sufficient
understanding of a ride and its safety rules before getting on
the ride.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that amusement parks and traveling
carnivals need to have regular safety inspections and reporting
requirements for accidents which occur on the rides.

Testifying for the bill was Representative Skaggs.

OPPONENTS:  Those who oppose the bill say that riders must be
responsible for obeying safety rules as the parks are for as
ride safety.

Testifying against the bill was Missouri Attraction Association.

Donna Schlosser, Research Analyst

HB 276 -- Amusement Ride Safety

Sponsor:  Skaggs

This bill requires operators of amusement rides to stop rides in
the event of a serious physical injury or death. A copy of the
accident report will be sent to the Director of the Department
of Public Safety within 24 hours. The Department of Public
Safety will investigate the ride and determine when it is safe
for public use. Maintenance records will be maintained for 3
years on the amusement ride. A writ of injunction will be
brought when the owner continues to operate the ride during the
cessation. Persons who knowingly violate the cessation will be
guilty of a class A misdemeanor. Nonmechanized playground
equipment is exempt from this act.