MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Public Property
By: Representatives Weathersby, Bell (65th)
AN ACT TO DEFINE CERTAIN TERMS RELATING TO AMUSEMENT RIDE REQUIREMENTS; TO PROVIDE THE REQUIREMENTS FOR AN APPLICATION TO OPERATE AMUSEMENT RIDES IN THE STATE OF MISSISSIPPI; TO REQUIRE AN INSPECTOR TO HAVE CERTAIN CERTIFICATIONS BEFORE INSPECTING AMUSEMENT RIDES; TO PROVIDE INSPECTION REQUIREMENTS FOR AMUSEMENT RIDES; TO PROVIDE REQUIREMENTS FOR OPERATORS AND PATRONS OF AMUSEMENT RIDES; TO REQUIRE INCIDENT REPORTING; TO PROVIDE FOR INCIDENT INVESTIGATION; TO BRING FORWARD SECTION 21-19-33, MISSISSIPPI CODE OF 1972, WHICH RELATES TO THE REGULATION OF AMUSEMENT PARKS AND OTHER EVENTS, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 69-5-3, MISSISSIPPI CODE OF 1972, WHICH RELATES TO THE POWERS AND DUTIES OF THE MISSISSIPPI FAIR COMMISSION, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following words and phrases shall have the meanings as defined in this section unless the context clearly indicates otherwise:
(a) "Amusement ride" or "ride" means a mechanical device that carries or conveys passengers along, around or over a fixed or restricted route or course for the purpose of giving the passengers amusement, pleasure, thrills or excitement. The term "amusement ride" does not include bungee jumping, zip lines, waterslides, or obstacle, challenge or adventure courses.
(b) "Ride operator" means the person having direct control of the starting, stopping, or speed of an amusement ride.
(c) "Owner or operator" means the person or organization that is responsible for the maintenance and operation of an amusement ride or amusement device.
(d) "Commission" means the Mississippi Fair Commission.
(e) "Serious injuries or illnesses" means a person's injury or illness that results in death, dismemberment, significant disfigurement, permanent loss of the use of a body organ, member, function, or system, a compound fracture, or other significant injury or illness that requires immediate admission and overnight hospitalization and observation by a licensed physician.
(f) "Minor injuries or illnesses" means injuries and illnesses that may or may not require emergency first aid or significant treatment, or both, but cannot be otherwise classified as a serious injury or illness. This term includes incidents where treatment is limited to such things as the dispensation of over-the-counter medication or plastic adhesive strips, cleansing, rest, and other similar duties or assistance.
SECTION 2. (1) An amusement ride may not be operated in this state unless the Mississippi Fair Commission has issued an operating permit decal for the amusement ride to the owner or operator within the preceding twelve (12) months.
(2) An application for an operating permit decal must be submitted to the commission not fewer than fifteen (15) business days before the first time the amusement ride is operated in the state, and must include the following:
(a) Certificate of insurance in the amount of not less than One Million Dollars ($1,000,000.00) per occurrence that insures the owner or operator against liability for injury to persons and property arising out of the use or operation of the amusement ride;
(b) Payment of a fee not to exceed One Hundred Dollars ($100.00); and
(c) Proof of satisfactory inspection of the ride by a qualified inspector, as defined in Section 3 of this act, conducted no earlier than fifteen (15) days before the submission of the application for an operating permit decal. The date of the inspection must be indicated on the proof of inspection.
(3) The operating permit decal shall be valid for one (1) year from the date of issue and must be in a manner and format as prescribed by the commission.
(4) The operating permit decal must be affixed to the ride in a conspicuous location that is plainly visible to patrons.
(5) The commission shall:
(a) Determine the manner and format of the operating permit decal, any forms to be used to apply for the decal, and any forms to be used to report serious injuries or illnesses;
(b) Make any forms and certifications available on the commission's website and provide decals to owners or operators;
(c) Subject to the limitations of this act, determine the fee for the filing of an operating permit decal;
(d) Allow an owner or operator to apply for operating permit decals for multiple rides at one time, using one (1) form; and
(e) Charge one (1) fee for the filing of each application form, regardless of the number of rides listed on the application.
SECTION 3. (1) The annual inspection required in Section 2 of this act must be conducted by a qualified inspector. A qualified inspector must:
(a) Be certified:
(i) By the National Association of Amusement Ride Safety Officials as a Level I inspector; or
(ii) By the Amusement Industry Manufacturers and Suppliers International at a level that is equivalent to the certification under subparagraph (i) of this paragraph; and
(b) Not be the owner or operator of the ride or an employee or agent of the owner or operator.
(2) The certificate of inspection shall certify that the ride is in substantial compliance with ASTM International Standard F770-19 concerning practices for ownership, operation, maintenance and inspection of amusement rides and devices.
(3) The owner or operator of an amusement ride shall:
(a) Operate, maintain and inspect all rides in substantial compliance with ASTM International Standard F770-19;
(b) Keep a paper or electronic copy of all required forms or certifications, and of all safety inspections conducted by the owner or operator during the preceding twelve (12) months, or until an inspection is repeated, whichever is longer for each ride:
(i) On or near that ride; or
(ii) At the office of the owner or operator; and
(c) Make those records available to the commission promptly upon request.
SECTION 4. (1) A ride operator must:
(a) Be at least sixteen (16) years of age;
(b) Operate only one (1) amusement ride at a time;
(c) Be in attendance at all times when the ride is operating; and
(d) Operate the ride in accordance with the ride manufacturer's specifications.
(2) To the extent permitted by law, an operator may deny any person entrance to an amusement ride if the operator believes that entrance by that person may jeopardize the safety of the person or other persons.
(3) Patron responsibility:
(a) There are inherent risks in the participation in or on any amusement ride. Patrons of an amusement ride, by participation, accept the risks inherent in such participation of which the ordinary prudent person is or should be aware. Patrons have the duty to exercise good judgment and act in a responsible manner while using the amusement ride, device, or attraction and to obey all oral or written warnings, or both, before or during participation, or both.
(b) Patrons have a duty to not participate in or on any amusement ride when under the influence of drugs or alcohol.
(c) Patrons have a duty to properly use all ride or device safety equipment provided.
(d) Any patron that violates the provisions of this subsection (3) shall be subject to immediate removal from the amusement facility without a refund of any admission charge.
(e) An owner or operator of an amusement ride shall display the potential penalties for violation of this section at each amusement ride.
SECTION 5. (1) The owner or operator shall maintain an incident report log for all rider injuries or illnesses resulting from the operation of an amusement ride, other than minor injuries or illnesses. The recorded information must include, at a minimum, the following:
(a) The date the injury occurred;
(b) The name, address, and telephone number of the injured rider;
(c) The age of the injured rider;
(d) The manufacturer's name and serial number of the amusement ride involved in the injury;
(e) The name of the amusement ride in use at the location of the injury, if different from the manufacturer's name;
(f) A description of the injury including, to the extent known, its cause; and
(g) A description of any first-aid treatment administered to the injured rider.
(2) The owner or operator shall maintain the incident report log for a minimum of three (3) years.
(3) The owner or operator shall report all serious injuries or illnesses resulting from the operation of an amusement ride that do not result in death to the commission, in writing, within seventy-two (72) hours of the owner or operator being notified of the serious injury or illness.
(4) The owner or operator shall report all serious injuries or illnesses resulting from the operation of an amusement ride that result in death to the administrator within two (2) hours of the owner or operator being notified of the death. The owner or operator may initially notify the commission verbally via telephone, but shall follow up with a written report of a death within twenty-four (24) hours of the owner or operator being notified of the death.
(5) In the event of a serious injury or illness resulting from the operation of an amusement ride, the owner or operator shall immediately cease operation of the amusement ride except as necessary to prevent imminent harm to any person. The owner or operator shall take all reasonable steps to preserve the condition of the amusement ride pending an investigation by the commission.
SECTION 6. (1) Within twenty-four (24) hours of notification by the owner or operator of a serious injury or illness, the commission may initiate an investigation into the reported serious injury or illness. If the commission determines that an investigation is not warranted, the commission shall promptly notify the owner or operator and the amusement ride may be reopened. If the commission initiates an investigation, the amusement ride shall not be reopened to the public until such time as the commission's investigation is complete and authorization to reopen is given to the owner or operator.
(2) The commission's investigation shall be conducted with the assistance of a qualified inspector employed by the commission or through contract with the commission. The cost of any investigation shall be paid by the owner or operator.
(3) Any investigation must be conducted with all practicable speed to minimize the disruption of the amusement facility at which the amusement ride is located, as well as unrelated commercial activities.
(4) An investigation of a reported serious injury or illness must be completed immediately following the reasonable determination by the qualified inspector or the commission's designee that a principal cause of the serious injury or illness was the injured rider's failure to comply with the posted safety rules or with verbal instructions given by operators.
SECTION 7. Section 21-19-33, Mississippi Code of 1972, is brought forward as follows:
21-19-33. The governing authorities of municipalities shall have the power to adopt reasonable ordinances for the regulation of circuses, shows, theaters, bowling alleys, concerts, theatrical exhibitions, skating rinks, pistol or shooting galleries, amusement parks and devices, and other similar things. Said authorities shall have the power and authority to regulate, prohibit, or suppress billiard tables, poolrooms, fortune-tellers, cane or knife racks, and slot machines and other gambling devices within the corporate limits. However, such governing authorities shall not be authorized to regulate, prohibit or suppress any gambling device, machine or equipment that is owned, possessed, controlled, installed, procured, repaired or transported within the corporate limits in accordance with subsection (4) of Section 97-33-7 or Section 75-76-34. In addition, such governing authorities shall not be authorized to regulate, prohibit or suppress the ownership and display of antique coin machines as defined in Section 27-27-12.
SECTION 8. Section 69-5-3, Mississippi Code of 1972, is brought forward as follows:
69-5-3. (1) The Mississippi Fair Commission shall set up rules and regulations consistent with the law governing the distribution of state monies for premiums or awards. It will be the duty of the commission to meet at the call of the chairman, at least twice each year, to approve premium lists or awards, and give out rules governing participants in state premium money in Mississippi. The commission may invite the presidents of the various district livestock shows before the commission when determining policies affecting district livestock shows.
(2) The Mississippi Fair Commission is hereby authorized to accept money or funds donated to the commission, including funds to be awarded as prizes in livestock competition.
(3) The Mississippi Fair Commission shall have charge of the State Fairgrounds located in Jackson, Mississippi, including all buildings and improvements thereon, and shall have full power and authority in perfecting plans and causing to be held thereon the Mississippi State Fair and other such events that may be authorized by the commission.
(4) The Mississippi Fair Commission is hereby authorized to employ an attorney as prescribed in Section 69-1-14.
(5) The Mississippi Fair Commission may take any action authorized in Section 1 of Laws 2000, Chapter 306.
(6) The Mississippi Fair Commission may allow a commercial, charitable or governmental entity to use, publish and advertise such entity's name in connection with any of the buildings, improvements, grounds or objects located on the State Fairgrounds in Jackson, except for the Kirk Fordice Equine Center, or in connection with any of the events conducted on the State Fairgrounds in return for a monetary consideration paid to the commission. Furthermore, the commission may lease to any public, private, commercial or charitable entity for a term not to exceed twenty (20) years naming rights to buildings, except for the Kirk Fordice Equine Center, or property, including, but not limited to, new construction, improvements to existing buildings, grounds and/or objects located on the State Fairgrounds in return for consideration benefitting the commission. The lessee shall pay the cost of erecting, maintaining and removing signage related to the property. Those funds received from an entity for allowing its name to be used, published or advertised in connection with the buildings, improvements, objects or events shall be retained by the commission to be used for capital improvements to the fairgrounds or in its annual operating budget. The commission shall not enter into any such agreement with any vendor whose products are illegal for participation in or use by persons eighteen (18) years of age and under.
(7) The chairman of the commission is authorized to form and establish a private foundation or nonprofit corporation to receive and disburse the funds generated by the sale of naming rights described in subsection (6) of this section and for any other donations made to the commission. The funds shall be disbursed in accordance with guidelines described in this section, and the foundation or nonprofit corporation shall be subject to the reporting requirements described in subsection (10) of this section. All funds shall remain with the foundation until disbursement and shall not be transferred to the State General Fund. No public funds shall be deposited into the account of the private foundation or nonprofit corporation established by the commission for the benefit of the State Fairgrounds, nor shall the Legislature appropriate any State General Fund or Special Fund monies to the foundation or nonprofit corporation for such purposes. All monies received by the foundation shall be maintained separately from funds allocated to the commission for operating and administrative costs associated with the State Fairgrounds. In addition to the reporting of information to be included in the annual legislative report of the commission, the private foundation or nonprofit corporation shall be subject to annual financial audits by the State Auditor and by auditors of donors in the same manner as required for state agencies.
(8) The commission shall have the authority to enter into a lease or right-of-way with a third party covering any land or buildings on the State Fairgrounds and any funds generated from such lease or right-of-way shall remain in a special fund managed by the commission. All monies in the special fund may be used for capital improvements to the State Fairgrounds or in the commission's annual operating budget. Any unexpended funds remaining in the special fund shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited in the fund.
(9) The Mississippi Fair Commission is hereby authorized to adopt such rules and regulations as may be necessary or desirable to carry out, execute or implement the provisions of this article.
(10) The Mississippi Fair Commission shall report by January 1 of each year a detailed financial statement of all monies received and expended under subsection (6) and subsection (7) of this section to the Lieutenant Governor, the Speaker of the House of Representatives and the Chairman of the Senate Agriculture Committee and the Chairman of the House of Representatives Agriculture Committee.
SECTION 9. This act shall take effect and be in force from and after January 1, 2021.