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House File 2491

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 88A.1, Code 1997, is amended by adding
  1  2 the following new subsections:
  1  3    NEW SUBSECTION.  8A.  "Parent or guardian" means a parent,
  1  4 custodian, or guardian or person responsible for the control,
  1  5 safety, training, or education of a minor rider.
  1  6    NEW SUBSECTION.  9A.  "Rider" means a person waiting in the
  1  7 immediate vicinity of an amusement ride to get on the
  1  8 amusement ride, getting on an amusement ride, using an
  1  9 amusement ride, getting off an amusement ride, or leaving an
  1 10 amusement ride and still in the immediate vicinity of the
  1 11 amusement ride.  "Rider" does not include an employee, agent,
  1 12 or servant of the amusement owner while engaged in the duties
  1 13 of their employment.
  1 14    NEW SUBSECTION.  9B.  "Sign" means any symbol or language
  1 15 reasonably calculated to communicate information to a rider or
  1 16 the rider's parent or guardian, including placards,
  1 17 prerecorded messages, live public address, stickers, pictures,
  1 18 pictograms, video, verbal information, and visual signals.
  1 19    Sec. 2.  Section 88A.1, subsection 2, Code 1997, is amended
  1 20 to read as follows:
  1 21    2.  "Amusement ride" means any mechanized device, or
  1 22 combination of devices which carries passengers along, around,
  1 23 or over a fixed or restricted course for the purpose of giving
  1 24 its passengers amusement, pleasure, thrills, or excitement.
  1 25 "Amusement ride" does not include a device or structure that
  1 26 is devoted principally to exhibitions related to agriculture,
  1 27 the arts, education, industry, religion, or science.
  1 28    Sec. 3.  Section 88A.10, Code 1997, is amended by adding
  1 29 the following new subsection:
  1 30    NEW SUBSECTION.  3.  A person who fails to obey a safety
  1 31 related requirement listed on a sign displayed at an amusement
  1 32 ride pursuant to section 88A.16, subsection 2, is guilty of a
  1 33 simple misdemeanor.
  1 34    Sec. 4.  NEW SECTION.  88A.15  RIDER SAFETY.
  1 35    1.  A rider or the rider's parent or guardian shall report
  2  1 in writing to the operator or the operator's designee any
  2  2 injury sustained on an amusement ride before leaving the
  2  3 operator's premises.  The report shall include all of the
  2  4 following information:
  2  5    a.  The name, address, and phone number of the injured
  2  6 person.
  2  7    b.  A brief description of the incident, the injury
  2  8 claimed, and the location, date, and time of the injury.
  2  9    c.  The cause of the injury, if known.
  2 10    d.  The name, address, and phone number of any witness to
  2 11 the incident.
  2 12    2.  If the rider or the rider's parent or guardian is
  2 13 unable to file a report because of the severity of the rider's
  2 14 injuries, the rider or the rider's parent or guardian shall
  2 15 file the report as soon as reasonably possible.  The failure
  2 16 of a rider or the rider's parent or guardian to report an
  2 17 injury under this section does not affect the rider's right to
  2 18 commence a civil action related to the incident.
  2 19    3.  A rider shall, at a minimum, do all of the following:
  2 20    a.  Obey the reasonable safety rules posted in accordance
  2 21 with this chapter and oral instructions for an amusement ride
  2 22 issued by the operator or the operator's employee or agent,
  2 23 unless the safety rules or oral instructions are contrary to
  2 24 the safety rules of this chapter.
  2 25    b.  Refrain from acting in any manner that may cause or
  2 26 contribute to injuring the rider or others, including all of
  2 27 the following:
  2 28    (1)  Exceeding the limits of the rider's ability.
  2 29    (2)  Interfering with safety devices that are provided.
  2 30    (3)  Failing to engage safety devices that are provided.
  2 31    (4)  Disconnecting or disabling a safety device except at
  2 32 the express instruction of the operator.
  2 33    (5)  Altering or enhancing the intended speed, course, or
  2 34 direction of an amusement ride.
  2 35    (6)  Using the controls of an amusement ride designed
  3  1 solely to be operated by the operator.
  3  2    (7)  Extending arms and legs beyond the carrier or seating
  3  3 area except at the express direction of the operator.
  3  4    (8)  Throwing, dropping, or expelling an object from or
  3  5 toward an amusement ride except as permitted by the operator.
  3  6    (9)  Getting on or off an amusement ride except at the
  3  7 designated time and area, if any, at the direction of the
  3  8 operator or in an emergency.
  3  9    (10)  Not reasonably controlling the speed or direction of
  3 10 the rider's person or an amusement ride that requires the
  3 11 rider to control or direct the rider's person or a device.
  3 12    4.  A rider shall not get on or attempt to get on an
  3 13 amusement ride unless the rider or the rider's parent or
  3 14 guardian reasonably determines that, at a minimum, the rider
  3 15 meets all of the following criteria:
  3 16    a.  Has sufficient knowledge to use, get on, and get off
  3 17 the amusement ride safely without instruction or has requested
  3 18 and received sufficient information to get on, use, and get
  3 19 off the amusement ride safely prior to getting on the
  3 20 amusement ride.
  3 21    b.  Has located, read, and understood any signs in the
  3 22 vicinity of the amusement ride and meets any posted height,
  3 23 medical, or other requirements.
  3 24    c.  Knows the range and limits of the rider's ability and
  3 25 knows the requirements of the amusement ride will not exceed
  3 26 those limits.
  3 27    d.  Is not under the influence of alcohol or any drug that
  3 28 affects the rider's ability to safely use the amusement ride
  3 29 or obey the posted rules or oral instructions.
  3 30    e.  Is authorized by the operator or the operator's
  3 31 employee, agent, or servant to get on the amusement ride.
  3 32    Sec. 5.  NEW SECTION.  88A.16  NOTICE TO RIDERS.
  3 33    1.  An operator shall display signs indicating the
  3 34 applicable rider safety responsibilities provided in section
  3 35 88A.15 and the location of stations to report injuries.  The
  4  1 signs must be located in all of the following locations:
  4  2    a.  Each station for reporting an injury.
  4  3    b.  Each first aid station.
  4  4    c.  Any of the following locations:
  4  5    (1)  At least four other locations on the premises,
  4  6 including any premises entrance or exit, if there are no more
  4  7 than four entrances or exits for riders.
  4  8    (2)  At least four other locations on the premises,
  4  9 including the four premises entrances and exits most commonly
  4 10 used by riders, if there are more than four entrances and
  4 11 exits for riders.
  4 12    (3)  Every amusement ride.
  4 13    2.  An operator shall post a sign at each amusement ride.
  4 14 Any sign required by this subsection must be prominently
  4 15 displayed at a conspicuous location, clearly visible to the
  4 16 public, and bold and legible in design.  The sign must include
  4 17 all of the following that apply:
  4 18    (1)  Operational instructions.
  4 19    (2)  Safety guidelines for riders.
  4 20    (3)  Restrictions on the use of the amusement ride.
  4 21    (4)  Behavior or activities that are prohibited.
  4 22    (5)  A legend providing that, "State law requires riders to
  4 23 obey all warnings and directions for this amusement ride and
  4 24 behave in a manner that will not cause or contribute to the
  4 25 injury of themselves or others.  Riders must report injuries
  4 26 prior to leaving the premises.  Failure to comply is
  4 27 punishable by fine or imprisonment."
  4 28    Sec. 6.  NEW SECTION.  88A.17  CONSTRUCTION.
  4 29    Sections 88A.15 and 88A.16 shall not be construed to
  4 30 preclude a criminal prosecution or civil action available
  4 31 under any other provision of law.
  4 32    Sec. 7.  EFFECTIVE DATE.  This bill shall take effect on
  4 33 January 1, 1999.  
  4 34                           EXPLANATION
  4 35    This bill amends Code chapter 88A to include provisions
  5  1 related to amusement ride rider safety.
  5  2    The bill provides that an amusement ride rider or the
  5  3 rider's parent or guardian shall report in writing to the
  5  4 amusement ride operator any injury sustained by the amusement
  5  5 rider before leaving the operator's premises.  If the rider or
  5  6 the rider's parent or guardian is unable to report the injury
  5  7 due to the severity of the injury, the injury must be reported
  5  8 as soon as reasonably possible.  The bill requires riders to
  5  9 obey the reasonable safety rules posted and oral instructions
  5 10 given and requires riders to refrain from acting in any manner
  5 11 that may cause or contribute to injuring the rider or others.
  5 12 The bill requires that a rider not get on an amusement ride
  5 13 unless the rider has sufficient knowledge of the safe use of
  5 14 the ride, understands warnings and restrictions, knows the
  5 15 limits of the rider's abilities, is not under the influence of
  5 16 alcohol or any drug, and is authorized by the operator,
  5 17 employee, agent, or servant to get on the ride.
  5 18    The bill requires operators to display signs indicating the
  5 19 applicable rider safety responsibilities and the location of
  5 20 the stations to report injuries.  The bill provides locations
  5 21 where these signs must be located.  The bill requires an
  5 22 operator to post a sign at each amusement ride which states
  5 23 the operation instructions of the ride, safety guidelines for
  5 24 riders, restrictions on the use of the ride, behavior and
  5 25 activities that are prohibited, and a warning requiring
  5 26 compliance with the rules and restrictions.
  5 27    The bill provides that amusement ride rider safety Code
  5 28 sections shall not be construed to preclude a criminal
  5 29 prosecution or civil action available under any other Code
  5 30 section.
  5 31    The bill provides that a person failing to obey a safety-
  5 32 related requirement listed on a sign displayed at an amusement
  5 33 ride is guilty of a simple misdemeanor.
  5 34    The bill provides an effective date of January 1, 1999.  
  5 35 LSB 3633HV 77
  6  1 tm/jl/8
     

Text: HF02490                           Text: HF02492
Text: HF02400 - HF02499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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