Introduced Version
HOUSE BILL No. 1106
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 22-12-1; IC 22-14-3-1; IC 22-15.
Synopsis: Safety requirements for agritourism facilities. Defines
"qualified agritourism provider" (provider). Amends the definition of
a "regulated amusement device" to exclude certain barrel trains.
Requires the department of homeland security (department) to include
on the department's website a page to allow a provider to obtain a
safety permit instead of obtaining a permit from the department as a
regulated place of amusement or entertainment or for a regulated
amusement device. Establishes requirements for obtaining a safety
permit from the department. Requires a provider to submit a safety plan
before a safety permit may be approved by the department. Provides
that a safety permit is valid for five years. Provides that, if the provider
adds a regulated amusement device or builds or modifies a structure
inspected prior to the expiration of a current safety permit, the provider
must immediately notify the department and submit a revised safety
plan within a time frame prescribed by the department. Provides that,
if the provider timely submits a revised safety plan, the safety permit's
expiration date shall be extended to a date five years from the date the
revised safety plan is received by the department. Requires a provider
who obtains a safety permit to maintain certain records relating to the
regulated amusement device. Provides that the department may, upon
demand by the department, inspect a regulated amusement device of a
provider who has a current safety permit at any time following: (1) The
report of an accident involving the regulated amusement device. (2) A
complaint concerning the regulated amusement device. Makes
conforming amendments.
Effective: July 1, 2024.
Culp, Aylesworth, Bartels, Cherry
January 8, 2024, read first time and referred to Committee on Veterans Affairs and Public
Safety.
2024 IN 1106—LS 6794/DI 116 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1106
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 22-12-1-2.1 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]: Sec. 2.1. "Agritourism activities" has the meaning set
4 forth in IC 34-31-9-2.
5 SECTION 2. IC 22-12-1-18.6 IS ADDED TO THE INDIANA
6 CODE AS A NEW SECTION TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2024]: Sec. 18.6. "Qualified agritourism
8 provider" means a person who provides agritourism activities to
9 the public for not more than ninety (90) days annually.
10 SECTION 3. IC 22-12-1-19.1, AS AMENDED BY P.L.32-2006,
11 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 19.1. (a) "Regulated amusement device" means a
13 device designed to carry or convey one (1) or more persons in one (1)
14 or more planes or degrees of motion for the purpose of amusement,
15 recreation, or entertainment.
16 (b) The term includes the following:
17 (1) An amusement ride.
2024 IN 1106—LS 6794/DI 116 2
1 (2) A ski lift.
2 (3) A passenger tramway.
3 (4) An aerial tramway or lift.
4 (5) A surface lift or tow.
5 (6) A bull ride simulator.
6 (7) A bungee jump facility.
7 (c) The term does not include:
8 (1) a passenger operated device; or
9 (2) an inflatable amusement chamber; or
10 (3) a barrel train pulled by a garden tractor or a rubber tired
11 farm tractor propelled by a motor of not more than forty (40)
12 horsepower.
13 SECTION 4. IC 22-12-1-23.2 IS ADDED TO THE INDIANA
14 CODE AS A NEW SECTION TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2024]: Sec. 23.2. "Safety permit" refers to a
16 qualified agritourism provider safety permit issued by the
17 department under IC 22-15-8-2.
18 SECTION 5. IC 22-14-3-1, AS AMENDED BY P.L.187-2021,
19 SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2024]: Sec. 1. (a) Except as provided in subsections (c) and
21 (d), this chapter does not apply to a nonpublic school (as defined in
22 IC 20-18-2-12) or a school operated by a school corporation (as defined
23 in IC 20-18-2-16).
24 (b) Except as provided in IC 22-15-8, the department shall carry
25 out an inspection program to periodically inspect regulated places of
26 amusement or entertainment. These inspections shall be conducted at
27 least annually.
28 (c) A school that holds amusement or entertainment events shall be
29 inspected at least one (1) time each year. The inspection may be
30 performed by either the department or the fire department that has
31 jurisdiction over the school.
32 (d) At the time of each annual inspection performed by the
33 department, the department shall provide a fire safety checklist to each
34 school that holds amusement or entertainment events. Each school
35 shall be responsible for ensuring compliance with the items on the fire
36 safety checklist for each amusement or entertainment event held at the
37 school.
38 SECTION 6. IC 22-15-7-1, AS AMENDED BY P.L.187-2021,
39 SECTION 121, IS AMENDED TO READ AS FOLLOWS
40 [EFFECTIVE JULY 1, 2024]: Sec. 1. Except as provided in
41 IC 22-15-8, the department shall carry out a program of periodic
42 on-site inspections of the erection and operation of regulated
2024 IN 1106—LS 6794/DI 116 3
1 amusement devices. These inspections are not a prerequisite for
2 operation of a device that is covered by a regulated amusement device
3 operating permit.
4 SECTION 7. IC 22-15-7-2, AS AMENDED BY P.L.187-2021,
5 SECTION 122, IS AMENDED TO READ AS FOLLOWS
6 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) Except as provided in
7 IC 22-15-8, the department shall issue a regulated amusement device
8 operating permit to an applicant who qualifies under this section. If an
9 applicant qualifies for a permit under this section, an inspector shall
10 place an inspection seal on the device that is covered by the permit.
11 (b) A permit issued under this section:
12 (1) expires one (1) year from the date the permit was issued; and
13 (2) may be renewed if the applicant continues to qualify for a
14 permit under this section.
15 (c) To qualify for a permit under this section, an applicant or an
16 authorized officer of the applicant shall pay the inspection fee set under
17 IC 22-12-6-6 and execute an application form affirming under penalties
18 for perjury the following:
19 (1) That all information provided in the application is true to the
20 best of the applicant's or officer's knowledge and belief after
21 reasonable investigation.
22 (2) That all personnel employed by the applicant having
23 maintenance responsibility for the amusement devices have or
24 will have sufficient background, knowledge, skills, and training
25 to adequately maintain the amusement devices under the rules of
26 the commission.
27 (3) That all persons employed by the applicant having operational
28 responsibility for the amusement devices have or will have
29 sufficient background, knowledge, skills, and training to
30 adequately operate the amusement devices under the rules of the
31 commission.
32 (4) That adequate training will be provided or otherwise made
33 available on an ongoing basis to maintenance and operational
34 personnel to ensure the continuous compliance of the personnel
35 with the standards set forth in subdivisions (2) and (3).
36 (5) That all maintenance and operational personnel will be trained
37 to recognize and report any condition that would prohibit the safe
38 operation of the amusement device.
39 (6) That, upon discovering a condition that would prohibit the
40 safe operation of an amusement device, both operational and
41 maintenance personnel must possess the requisite authority to
42 immediately shut down the amusement device and report the
2024 IN 1106—LS 6794/DI 116 4
1 condition of the amusement device to supervisory personnel. An
2 amusement device that is shut down under this subdivision may
3 not be returned to operation until the amusement device complies
4 with ASTM standards for operation.
5 (7) That the applicant assumes full financial responsibility for:
6 (A) any condition or circumstance occasioned by, caused by,
7 or resulting from noncompliance with the maintenance and
8 operational standards set forth in subdivisions (2) through (6);
9 and
10 (B) any death, injury, or other loss occasioned by, caused by,
11 or resulting from noncompliance with the maintenance and
12 operational standards set forth in subdivisions (2) through (6).
13 (d) The execution of an application under subsection (c) by an
14 officer of an applicant corporation does not create individual financial
15 liability for the officer.
16 (e) The applicant must satisfy an inspector for the department that
17 the regulated amusement device meets the safety requirements set by
18 the commission.
19 SECTION 8. IC 22-15-7-3 IS AMENDED TO READ AS
20 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) This section does
21 not apply to a person who uses a regulated amusement device unless
22 the person has authority to:
23 (1) construct, repair, or maintain the regulated amusement device;
24 or
25 (2) place the regulated amusement device out of service.
26 (b) This section applies to the following:
27 (1) Each person who operates a regulated amusement device.
28 (2) Each person who has control over the operation of a regulated
29 amusement device.
30 (3) Each person who has control over the place where a regulated
31 amusement device is operated.
32 (4) Each person described in subdivisions (1) through (3) who
33 operates or controls the operation of a regulated amusement
34 device included in a safety permit issued by the department
35 under IC 22-15-8.
36 (c) A person described in subsection (b) commits a Class C
37 infraction if:
38 (1) a regulated amusement device is operated; and
39 (2) no regulated amusement device operating permit issued under
40 this chapter or safety permit issued under IC 22-15-8 covers the
41 operation.
42 SECTION 9. IC 22-15-8 IS ADDED TO THE INDIANA CODE AS
2024 IN 1106—LS 6794/DI 116 5
1 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
2 1, 2024]:
3 Chapter 8. Indiana Agritourism Safety Program
4 Sec. 1. (a) The department shall include on the department's
5 website a page to allow a qualified agritourism provider to obtain
6 a safety permit under section 2 of this chapter in lieu of obtaining
7 permits under IC 22-14-3 and IC 22-15-7.
8 (b) The department shall maintain an application on the
9 department's website to allow an applicant to register as a
10 qualified agritourism provider under this chapter.
11 Sec. 2. (a) The department shall grant a qualified agritourism
12 provider safety permit to a qualified agritourism provider who
13 applies to the department in the manner prescribed in subsection
14 (c). Except as provided in section 3(b) of this chapter, a safety
15 permit issued by the department expires five (5) years after the
16 date of issuance. The safety permit applies only to the place,
17 maximum occupancy, and use specified in the safety permit.
18 (b) A qualified agritourism provider who is approved for a
19 safety permit by the department is exempted from obtaining a
20 permit as a regulated place of amusement or entertainment under
21 IC 22-14-3 or for a regulated amusement device under IC 22-15-7
22 from the department for the period the qualified agritourism
23 provider is covered by a valid safety permit granted by the
24 department under this chapter.
25 (c) A qualified agritourism provider may apply on the
26 department's website described in section 1 of this chapter or in
27 another manner prescribed by the department for a qualified
28 agritourism provider safety permit. To qualify for a safety permit
29 under this chapter, an applicant must:
30 (1) submit an application sworn or affirmed under penalties
31 of perjury on forms provided by the department;
32 (2) provide the department with:
33 (A) the applicant's full name and address;
34 (B) the full name and address of each of the applicant's
35 partners (if the applicant is a partnership), members or
36 managers, if any (if the applicant is a limited liability
37 company), and principal officers (if the applicant is a
38 corporation);
39 (C) an indication of whether the applicant is an owner,
40 lessee, occupant, or agent for the place covered by the
41 application;
42 (D) a description of the place covered by the application,
2024 IN 1106—LS 6794/DI 116 6
1 including a description of each building covered by the
2 application;
3 (E) a description of the:
4 (i) agritourism activities provided by the applicant; and
5 (ii) dates the applicant offers agritourism activities;
6 (F) a safety plan described in section 3 of this chapter; and
7 (G) a certificate of insurance indicating that the applicant
8 has liability insurance:
9 (i) in effect with an insurer that is authorized to write
10 insurance in Indiana on the operation of regulated
11 amusement devices; and
12 (ii) that provides coverage to a limit of at least one
13 million dollars ($1,000,000) in the annual aggregate; and
14 (3) pay a fee of two hundred fifty dollars ($250).
15 (d) The execution of an application under this section by an
16 officer of a corporation does not create individual financial liability
17 for the officer.
18 (e) The department shall issue the qualified agritourism
19 provider a safety permit if the qualified agritourism provider
20 satisfies the requirements described in subsection (c).
21 Sec. 3. (a) Before a safety permit application may be approved
22 by the department under section 2 of this chapter, the qualified
23 agritourism provider must prepare a safety plan that:
24 (1) demonstrates through an inspection by the department
25 that the place covered by the application complies with
26 applicable fire safety laws; and
27 (2) for each regulated amusement device includes
28 documentation that demonstrates that the qualified
29 agritourism provider, under penalties of perjury, satisfies the
30 requirements described in IC 22-15-7-2(c)(1) through
31 IC 22-15-7-2(c)(7).
32 (b) If the qualified agritourism provider adds or modifies a
33 regulated amusement device or builds or modifies a structure
34 inspected under subsection (a)(1) prior to the expiration of a
35 current safety permit issued under this chapter, the qualified
36 agritourism provider must immediately notify the department and
37 submit:
38 (1) a revised safety plan; and
39 (2) the fee described in subsection (c);
40 within a time frame prescribed by the department. If the revised
41 safety plan or fee is not received by the department within the
42 prescribed time frame, the department shall revoke the qualified
2024 IN 1106—LS 6794/DI 116 7
1 agritourism provider's safety permit. However, if the qualified
2 agritourism provider timely submits a revised safety plan, the
3 safety permit's expiration date shall be extended to a date five (5)
4 years from the date the revised safety plan is received by the
5 department.
6 (c) The fee a qualified agritourism provider must provide under
7 subsection (b) equals the amount described in section 2(c)(3) of this
8 chapter that is reduced by a prorated amount of the total fee for
9 the period remaining for the qualified agritourism provider's
10 current safety permit at the time the qualified agritourism
11 provider submits a revised safety plan under subsection (b), as
12 determined by the department.
13 Sec. 4. (a) A qualified agritourism provider who obtains a safety
14 permit under this chapter is required to maintain records relating
15 to a regulated amusement device as required under
16 IC 22-15-7-5(a). If a qualified agritourism provider is cited by the
17 department for not having, maintaining, or making available for
18 review the materials described in subsection IC 22-15-7-5(a), the
19 agritourism provider must rectify the deficiency in a manner
20 prescribed by the department within thirty (30) days of the date
21 the deficiency is cited by the department. If the agritourism
22 provider fails to timely rectify the deficiency, the deficiency
23 constitutes grounds for the department to temporarily suspend a
24 safety permit during the term of failure or refusal.
25 (b) In addition to an inspection of a regulated amusement device
26 for a safety plan described in section 3 of this chapter, the
27 department may, upon demand by the department, inspect a
28 regulated amusement device of a qualified agritourism provider
29 who has a current safety permit under this chapter at any time
30 following:
31 (1) the report of an accident involving the regulated
32 amusement device; or
33 (2) a complaint concerning the regulated amusement device.
2024 IN 1106—LS 6794/DI 116