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Senate File 2383

Partial Bill History

Bill Text

PAG LIN
  1  1                                         SENATE FILE 2383
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO AMUSEMENT RIDE RIDER SAFETY, PROVIDING A
  1  5    PENALTY, AND PROVIDING AN EFFECTIVE DATE.
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
  1  8 
  1  9    Section 1.  Section 88A.1, Code 1997, is amended by adding
  1 10 the following new subsections:
  1 11    NEW SUBSECTION.  8A.  "Parent or guardian" means a parent,
  1 12 custodian, or guardian or person responsible for the control,
  1 13 safety, training, or education of a rider who is a minor or
  1 14 person with a disability.
  1 15    NEW SUBSECTION.  9A.  "Rider" means a person waiting in the
  1 16 immediate vicinity of an amusement ride to get on the
  1 17 amusement ride, getting on an amusement ride, using an
  1 18 amusement ride, getting off an amusement ride, or leaving an
  1 19 amusement ride and still in the immediate vicinity of the
  1 20 amusement ride.  "Rider" does not include an employee, agent,
  1 21 or servant of the amusement owner while engaged in the duties
  1 22 of their employment.
  1 23    NEW SUBSECTION.  9B.  "Sign" means any symbol or language
  1 24 reasonably calculated to communicate information to a rider or
  1 25 the rider's parent or guardian, including placards,
  1 26 prerecorded messages, live public address, stickers, pictures,
  1 27 pictograms, video, verbal information, and visual signals.
  1 28    Sec. 2.  Section 88A.1, subsection 2, Code 1997, is amended
  1 29 to read as follows:
  1 30    2.  "Amusement ride" means any mechanized device, or
  1 31 combination of devices which carries passengers along, around,
  1 32 or over a fixed or restricted course for the purpose of giving
  1 33 its passengers amusement, pleasure, thrills, or excitement.
  1 34 "Amusement ride" does not include a device or structure that
  1 35 is devoted principally to exhibitions related to agriculture,
  2  1 the arts, education, industry, religion, or science.
  2  2    Sec. 3.  Section 88A.10, Code 1997, is amended by adding
  2  3 the following new subsection:
  2  4    NEW SUBSECTION.  3.  A person who fails to obey a safety
  2  5 related requirement listed on a sign displayed at an amusement
  2  6 ride pursuant to section 88A.16, subsection 2, is subject to a
  2  7 civil penalty of one hundred dollars.
  2  8    Sec. 4.  NEW SECTION.  88A.15  RIDER SAFETY.
  2  9    1.  A rider or the rider's parent or guardian shall report
  2 10 in writing to the operator or the operator's designee, on
  2 11 forms provided by the operator or the operator's designee, any
  2 12 injury sustained on an amusement ride before leaving the
  2 13 operator's premises.  The report shall include all of the
  2 14 following information:
  2 15    a.  The name, address, and phone number of the injured
  2 16 person.
  2 17    b.  A brief description of the incident, the injury
  2 18 claimed, and the location, date, and time of the injury.
  2 19    c.  The cause of the injury, if known.
  2 20    d.  The name, address, and phone number of any witness to
  2 21 the incident.
  2 22    2.  If the rider or the rider's parent or guardian is
  2 23 unable to file a report because of the severity of the rider's
  2 24 injuries, the rider or the rider's parent or guardian shall
  2 25 file the report as soon as reasonably possible.  The failure
  2 26 of a rider or the rider's parent or guardian to report an
  2 27 injury under this section does not affect the rider's right to
  2 28 commence a civil action related to the incident.
  2 29    3.  A rider shall, at a minimum, do all of the following:
  2 30    a.  Obey the reasonable safety rules posted in accordance
  2 31 with this chapter and oral instructions for an amusement ride
  2 32 issued by the operator or the operator's employee or agent,
  2 33 unless the safety rules or oral instructions are contrary to
  2 34 the safety rules of this chapter.
  2 35    b.  Refrain from acting in any manner that may cause or
  3  1 contribute to injuring the rider or others, including all of
  3  2 the following:
  3  3    (1)  Exceeding the limits of the rider's ability.
  3  4    (2)  Interfering with safety devices that are provided.
  3  5    (3)  Failing to engage safety devices that are provided.
  3  6    (4)  Disconnecting or disabling a safety device except at
  3  7 the express instruction of the operator.
  3  8    (5)  Altering or enhancing the intended speed, course, or
  3  9 direction of an amusement ride.
  3 10    (6)  Using the controls of an amusement ride designed
  3 11 solely to be operated by the operator.
  3 12    (7)  Extending arms and legs beyond the carrier or seating
  3 13 area except at the express direction of the operator.
  3 14    (8)  Throwing, dropping, or expelling an object from or
  3 15 toward an amusement ride except as permitted by the operator.
  3 16    (9)  Getting on or off an amusement ride except at the
  3 17 designated time and area, if any, at the direction of the
  3 18 operator or in an emergency.
  3 19    (10)  Not reasonably controlling the speed or direction of
  3 20 the rider's person or an amusement ride that requires the
  3 21 rider to control or direct the rider's person or a device.
  3 22    4.  A rider shall not get on or attempt to get on an
  3 23 amusement ride unless the rider or the rider's parent or
  3 24 guardian reasonably determines that, at a minimum, the rider
  3 25 meets all of the following criteria:
  3 26    a.  Has sufficient knowledge to use, get on, and get off
  3 27 the amusement ride safely without instruction or has requested
  3 28 and received sufficient information to get on, use, and get
  3 29 off the amusement ride safely prior to getting on the
  3 30 amusement ride.
  3 31    b.  Has located, read, and understood any signs in the
  3 32 vicinity of the amusement ride and meets any posted height,
  3 33 medical, or other requirements.
  3 34    c.  Knows the range and limits of the rider's ability and
  3 35 knows the requirements of the amusement ride will not exceed
  4  1 those limits.
  4  2    d.  Is not under the influence of alcohol or any drug that
  4  3 affects the rider's ability to safely use the amusement ride
  4  4 or obey the posted rules or oral instructions.
  4  5    e.  Is authorized by the operator or the operator's
  4  6 employee, agent, or servant to get on the amusement ride.
  4  7    Sec. 5.  NEW SECTION.  88A.16  NOTICE TO RIDERS.
  4  8    1.  An operator shall display signs indicating the
  4  9 applicable rider safety responsibilities provided in section
  4 10 88A.15 and the location of stations to report injuries.  The
  4 11 signs must be located in all of the following locations:
  4 12    a.  Each station for reporting an injury.
  4 13    b.  Each first aid station.
  4 14    c.  Any of the following locations:
  4 15    (1)  At least two other locations on the premises,
  4 16 including any premises entrance or exit most commonly used by
  4 17 riders, if there are no more than four entrances or exits for
  4 18 riders.
  4 19    (2)  At least four other locations on the premises,
  4 20 including the four premises entrances and exits most commonly
  4 21 used by riders, if there are more than four entrances and
  4 22 exits for riders.
  4 23    (3)  Every amusement ride.
  4 24    2.  An operator shall post a sign at each amusement ride.
  4 25 Any sign required by this subsection must be prominently
  4 26 displayed at a conspicuous location, clearly visible to the
  4 27 public, and bold and legible in design.  The sign must include
  4 28 all of the following that apply:
  4 29    a.  Operational instructions.
  4 30    b.  Safety guidelines for riders.
  4 31    c.  Restrictions on the use of the amusement ride.
  4 32    d.  Behavior or activities that are prohibited.
  4 33    e.  A legend providing that, "State law requires riders to
  4 34 obey all warnings and directions for this amusement ride and
  4 35 behave in a manner that will not cause or contribute to the
  5  1 injury of themselves or others.  Riders must report injuries
  5  2 prior to leaving the premises.  Failure to comply is
  5  3 punishable by fine."
  5  4    Sec. 6.  NEW SECTION.  88A.17  CONSTRUCTION.
  5  5    Sections 88A.15 and 88A.16 shall not be construed to
  5  6 preclude a criminal prosecution or civil action available
  5  7 under any other provision of law.
  5  8    Sec. 7.  EFFECTIVE DATE.  This Act shall take effect on
  5  9 January 1, 1999.  
  5 10 
  5 11 
  5 12                                                             
  5 13                               MARY E. KRAMER
  5 14                               President of the Senate
  5 15 
  5 16 
  5 17                                                             
  5 18                               RON J. CORBETT
  5 19                               Speaker of the House
  5 20 
  5 21    I hereby certify that this bill originated in the Senate and
  5 22 is known as Senate File 2383, Seventy-seventh General Assembly.
  5 23 
  5 24 
  5 25                                                             
  5 26                               MARY PAT GUNDERSON
  5 27                               Secretary of the Senate
  5 28 Approved                , 1998
  5 29 
  5 30 
  5 31                         
  5 32 TERRY E. BRANSTAD
  5 33 Governor
     

Text: SF02382                           Text: SF02384
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