MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary

By: Senator(s) Jordan (18th)

AN ACT TO CREATE THE AMUSEMENT RIDE SAFETY INSPECTION AND INSURANCE ACT; TO DEFINE CERTAIN TERMS RELATIVE TO THE ACT; TO PRESCRIBE CERTAIN INSPECTION AND INSURANCE REQUIREMENTS FOR THE OPERATION OF AMUSEMENT RIDES; TO REQUIRE INSPECTION AND INSURANCE DOCUMENTS TO BE FILED ANNUALLY WITH THE COMMISSIONER OF INSURANCE; TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS OF THE ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act may be cited as the "Amusement Ride Safety Inspection and Insurance Act."

SECTION 2. For the purposes of this act, unless the context otherwise requires:

(a) "Amusement ride" means any mechanical device or devices that carry or convey 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, but such term does not include:

(i) Any coin-operated ride that is manually, mechanically, or electrically operated and customarily placed in a public location and that does not normally require the supervision or services of an operator; or

(ii) Nonmechanized playground equipment, including, but not limited to, swings, seesaws, stationary spring-mounted animal features, rider-propelled merry-go-rounds, climbers, playground slides, trampolines and physical fitness devices.

(b) "Class A amusement ride" means an amusement ride designed primarily for use by children twelve (12) years of age or younger.

(c) "Class B amusement ride" means any amusement ride not defined as a Class A amusement ride.

(d) "Commissioner" means the Commissioner of Insurance of the State of Mississippi.

SECTION 3. (1) A person may not operate an amusement ride unless he:

(a) 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 a written certificate that the inspection has been made and that the amusement ride meets the standards for coverage and is covered by the insurance required by paragraph (b) of this subsection (1). If at any time the inspection reveals that an amusement ride does not meet the insurer's underwriting standards, the insurer shall so notify the owner or operator and in the event repair or replacement of equipment is required it shall be the responsibility of the owner or operator to make such repair or replacement before the amusement ride is offered for public use;

(b) Has an insurance policy currently in force written by an insurance company authorized to do business in this state in an amount not less than One Hundred Thousand Dollars ($100,000.00) per occurrence with a Three Hundred Thousand-Dollar annual aggregate for Class A amusement rides and an amount of not less than One Million Dollars ($1,000,000.00) per occurrence for Class B amusement rides insuring the owner or operator against liability for injury to persons arising out of the use of the amusement ride;

(c) Files with the commissioner, in the manner required by this act, the inspection certificate and the insurance policy required by this section or a photocopy of such a certificate or policy authorized by the commissioner; and

(d) Files with each sponsor, lessor, landowner, or other person responsible for an amusement ride being offered for use by the public a certificate stating that the insurance required by paragraph (b) of this subsection (1) is in effect.

(2) The inspection required under subsection (1)(a) of this section must include a method to test the stress- and wear-related damage of critical parts of a ride that the board 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) A person who operates an amusement ride shall maintain accurate records of each injury caused by the ride that results in death or requires medical treatment. The operator shall file an injury report on a form designed by the commissioner for that purpose with the commissioner on a quarterly basis and shall include in the report a description of each injury caused by a ride that results in death or requires medical treatment. For the purposes of this subsection, medical treatment includes treatment (other than first aid) administered by a physician or by registered professional personnel under the standing orders of a physician. Medical treatment does not include first-aid treatment (one-time treatment and subsequent observation of minor scratches, cuts, burns, splinters, and any other minor injuries that do not ordinarily require medical care) even though provided by a physician or registered professional personnel. No report shall be required of the operator in any quarter in which no reportable injuries occurred.

SECTION 4. The documents required by Section 3 of this act must be filed with the commission before July 1 of each year, but if the amusement ride is inspected more than once a year, the inspection certificate must be filed not later than fifteen (15) days after each inspection and the insurance policy must be filed before July 1 of each year.

SECTION 5. The commissioner may request from the sponsor, lessor, landowner, or other person responsible for an amusement ride being offered for use by the public information concerning whether or not insurance in the amount required by this act is in effect on the amusement ride. The sponsor, lessor, landowner, or other person to whom the information request is made shall respond to the commissioner within fifteen (15) days after the request is made.

SECTION 6. The owner or operator of an amusement ride may deny entry to the ride to any person if in the owner's or operator's opinion the entry may jeopardize the safety of the person who desires to enter or the safety of other patrons of the amusement ride.

SECTION 7. The district attorney of each county in which an amusement ride is operated or, upon request of the commissioner, the Attorney General or one (1) of his agents may seek an injunction against any person operating an amusement ride in violation of this act.

SECTION 8. (1) Any person who willfully violates any provision of this act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed Two Thousand Five Hundred Dollars ($2,500.00) or imprisonment not to exceed six (6) months in the county jail, or both fine and imprisonment.

(2) The commissioner may, after notice and hearing, impose a civil penalty against any person who violates any provision of this act. Such civil penalty shall not exceed Five Hundred Dollars ($500.00) per violation and shall be deposited into the "Insurance Department Fund."

(3) Each day a violation of this act continues shall constitute a separate offense.

SECTION 9. This act shall take effect and be in force from and after July 1, 1999.