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Kansas House Bill HB2311

Kansas 2023-2024 Regular Session

Kansas House Bill HB2311 Compare Versions

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11 Session of 2023
22 HOUSE BILL No. 2311
33 By Committee on Federal and State Affairs
44 2-7
55 AN ACT concerning the Kansas amusement ride act; relating to inflatable
66 devices and other amusement rides; inspections, training and annual
77 fees; amending K.S.A. 44-1601, 44-1602, 44-1605 and 44-1616 and
88 repealing the existing sections.
99 Be it enacted by the Legislature of the State of Kansas:
1010 Section 1. K.S.A. 44-1601 is hereby amended to read as follows: 44-
1111 1601. As used in this act:
1212 (a) (1) "Amusement ride" means any mechanical or electrical device
1313 that carries or conveys passengers along, around or over a fixed or
1414 restricted route or course or within a defined area for the purpose of giving
1515 its passengers amusement, pleasure, thrills or excitement, including, but
1616 not be limited to:
1717 (A) Rides commonly known as ferris wheels, carousels, parachute
1818 towers, bungee jumping, reverse bungee jumping, tunnels of love, roller
1919 coasters, boat rides, water slides, inflatable devices, commercial zip lines,
2020 trampoline courts and go-karts;
2121 (B) equipment generally associated with winter activities, such as ski
2222 lifts, ski tows, j-bars, t-bars, chair lifts and aerial tramways; and
2323 (C) equipment not originally designed to be used as an amusement
2424 ride, such as cranes or other lifting devices, when used as part of an
2525 amusement ride.
2626 (2) "Amusement ride" does not include:
2727 (A) Games, concessions and associated structures;
2828 (B) any single passenger coin-operated ride that: (i) Is manually,
2929 mechanically or electrically operated; (ii) is customarily placed in a public
3030 location; and (iii) does not normally require the supervision or services of
3131 an operator;
3232 (C) nonmechanized playground equipment, including, but not limited
3333 to, swings, seesaws, stationary spring-mounted animal features, rider-
3434 propelled merry-go-rounds, climbers, slides and physical fitness devices;
3535 (D) antique amusement rides;
3636 (E) limited-use amusement rides;
3737 (F) registered agritourism activities;
3838 (G) any ride commonly known as a hayrack ride in which patrons sit
3939 in a wagon or cart that is then pulled by horses or a tractor or other motor
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7676 vehicle;
7777 (H) any ride commonly known as a barrel train, which has a series of
7878 handmade cars fashioned from barrels that are connected and pulled by a
7979 tractor or other motor vehicle; or
8080 (I) any amusement ride owned by an individual and operated solely
8181 within a single county for strictly private use.
8282 (b) "Antique amusement ride" means an amusement ride, as defined
8383 in subsection (a)(1), manufactured prior to January 1, 1930.
8484 (c) "Certificate of inspection" means a certificate, signed and dated
8585 by a qualified inspector, showing that an amusement ride has satisfactorily
8686 passed inspection by such inspector.
8787 (d) "Class A amusement ride" means an amusement ride designed for
8888 use primarily by individuals aged 12 or less.
8989 (e) "Class B amusement ride" means an amusement ride that is not
9090 classified as a class A amusement ride.
9191 (f) "Department" means the department of labor.
9292 (g) "Limited-use amusement ride" means an amusement ride, as
9393 defined in subsection (a)(1), owned and operated by a nonprofit,
9494 community-based organization that is operated for less than 20 days, or
9595 160 hours, in a year and is operated at only one location each year.
9696 (h) "Nondestructive testing" means the development and application
9797 of technical methods in accordance with ASTM F747 standards such as
9898 radiographic, magnetic particle, ultrasonic, liquid penetrant,
9999 electromagnetic, neutron radiographic, acoustic emission, visual and leak
100100 testing to:
101101 (1) Examine materials or components in ways that do not impair the
102102 future usefulness and serviceability in order to detect, locate, measure and
103103 evaluate discontinuities, defects and other imperfections;
104104 (2) assess integrity, properties and composition; and
105105 (3) measure geometrical characters.
106106 (i) "Operator" means a person actually supervising, or engaged in or
107107 directly controlling the operations of an amusement ride.
108108 (j) "Owner" means a person who owns, leases, controls or manages
109109 the operations of an amusement ride and may include the state or any
110110 political subdivision of the state.
111111 (k) "Parent or guardian" means any parent, guardian or custodian
112112 responsible for the control, safety, training or education of a minor or an
113113 adult or minor with an impairment in need of a guardian or a conservator,
114114 or both, as those terms are defined by K.S.A. 59-3051, and amendments
115115 thereto.
116116 (l) (1) "Patron" means any individual who is:
117117 (A) Waiting in the immediate vicinity of an amusement ride to get on
118118 the ride;
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162162 (B) getting on an amusement ride;
163163 (C) using an amusement ride;
164164 (D) getting off an amusement ride; or
165165 (E) leaving an amusement ride and still in the immediate vicinity of
166166 the ride.
167167 (2) "Patron" does not include employees, agents or servants of the
168168 owner while engaged in the duties of their employment.
169169 (m) "Person" means any individual, association, partnership,
170170 corporation, limited liability company, government or other entity.
171171 (n) "Qualified inspector" means a person who:
172172 (1) Is a licensed professional engineer, as defined in K.S.A. 74-7003,
173173 and amendments thereto, and has completed at least two years of
174174 experience in the amusement ride field, consisting of at least one year of
175175 actual inspection of amusement rides under a qualified inspector for a
176176 manufacturer, governmental agency, amusement park, carnival or
177177 insurance underwriter, and an additional year of practicing any
178178 combination of amusement ride inspection, design, fabrication,
179179 installation, maintenance, testing, repair or operation;
180180 (2) provides satisfactory evidence of completing a minimum of five
181181 years of experience in the amusement ride field, at least two years of
182182 which consisted of actual inspection of amusement rides under a qualified
183183 inspector for a manufacturer, governmental agency, amusement park,
184184 carnival or insurance underwriter, and the remaining experience consisting
185185 of any combination of amusement ride inspection, design, fabrication,
186186 installation, maintenance, testing, repair or operation;
187187 (3) has received qualified training from a third party, such as
188188 attainment of level I certification from the national association of
189189 amusement ride safety officials (NAARSO), attainment of level I
190190 certification from the amusement industry manufacturers and suppliers
191191 international (AIMS), attainment of a qualified inspector certification from
192192 the association for challenge course technology (ACCT), when applicable,
193193 or other similar qualification from another nationally recognized
194194 organization; or
195195 (4) for purposes of inspecting inflatable devices that are rented on a
196196 regular basis and erected at temporary locations, provides satisfactory
197197 evidence of completing a minimum of five years of experience working
198198 with inflatable devices and has received qualified training from a third
199199 party, such as attainment of an advanced inflatable safety operations
200200 certification from the safe inflatable operators training organization or
201201 other nationally recognized organization. Such training shall be good for
202202 five years.
203203 (o) "Registered agritourism activity" means an amusement ride, as
204204 defined in subsection (a)(1), that is a registered agritourism activity, as
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248248 defined in K.S.A. 32-1432, and amendments thereto.
249249 (p) "Secretary" means the secretary of labor.
250250 (q) "Serious injury" means an injury that results in:
251251 (1) Death, dismemberment, significant disfigurement or permanent
252252 loss of the use of a body organ, member, function or system;
253253 (2) a compound fracture; or
254254 (3) other injury or illness that requires immediate admission and
255255 overnight hospitalization, and observation by a licensed physician.
256256 (r) "Sign" means any symbol or language reasonably calculated to
257257 communicate information to patrons or their parents or guardians,
258258 including placards, prerecorded messages, live public address, stickers,
259259 pictures, pictograms, guide books, brochures, videos, verbal information
260260 and visual signals.
261261 (s) "Water slide" means a slide that is at least 35 feet in height and
262262 that uses water to propel the patron through the ride.
263263 Sec. 2. K.S.A. 44-1602 is hereby amended to read as follows: 44-
264264 1602. (a) No amusement ride, antique amusement ride, limited-use
265265 amusement ride or registered agritourism activity shall be operated in this
266266 state unless such ride has a valid certificate of inspection. An amusement
267267 ride erected, antique amusement ride, limited-use amusement ride or
268268 registered agritourism activity operated in this state shall be inspected by a
269269 qualified inspector at least every 12 months.
270270 The certificate of an inspection required by this subsection shall be
271271 signed and dated by the inspector and shall be available to any person
272272 contracting with the owner for the operation of such amusement ride,
273273 antique amusement ride, limited-use amusement ride or registered
274274 agritourism activity. In addition, a visible inspection decal provided by the
275275 department or other evidence of inspection shall be posted in plain view on
276276 or near the amusement ride, antique amusement ride, limited-use
277277 amusement ride or registered agritourism activity in a location where it can
278278 easily be seen.
279279 (b) Inspections performed pursuant to this section shall be paid for by
280280 the owner of the amusement ride, antique amusement ride, limited-use
281281 amusement ride or registered agritourism activity, or in the case of a state
282282 agency or political subdivision of the state, such governmental entity shall
283283 pay for the inspection.
284284 (c) In addition to the annual inspection required by subsection (a), the
285285 operator of an amusement ride, antique amusement ride, limited-use
286286 amusement ride or registered agritourism activity shall perform and record
287287 daily inspections of the ride. The daily inspection shall include an
288288 inspection of equipment identified for daily inspection in accordance with
289289 the applicable codes and the manufacturer's recommendations.
290290 (d) The secretary shall conduct random compliance audits of
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334334 amusement rides erected both at permanent locations and at temporary
335335 locations. A warning citation for violation of this act shall be issued against
336336 any owner or operator for a first violation.
337337 (e) The secretary shall develop an inspection checklist, which shall be
338338 posted on the department's website.
339339 Sec. 3. K.S.A. 44-1605 is hereby amended to read as follows: 44-
340340 1605. (a) No amusement ride, antique amusement ride, limited-use
341341 amusement ride or registered agritourism activity shall be operated in this
342342 state unless the operator has satisfactorily completed training that includes,
343343 at a minimum:
344344 (1) Instruction on operating procedures for the ride, the specific
345345 duties of the operator, general safety procedures and emergency
346346 procedures;
347347 (2) demonstration of physical operation of the ride; and
348348 (3) supervised observation of the operator's physical operation of the
349349 ride.
350350 (b) No amusement ride, antique amusement ride, limited-use
351351 amusement ride or registered agritourism activity shall be operated in this
352352 state unless the name of each operator trained to operate the ride and the
353353 certificate of each such operator's satisfactory completion of such training,
354354 signed and dated by the trainer, is available to any person contracting with
355355 the owner for the amusement ride's operation on the premises where the
356356 amusement ride is operated, during the hours of operation of the ride.
357357 (c) No inflatable device that is rented on a regular basis and erected at
358358 a temporary location shall be operated in this state unless the operator has
359359 been trained by a person who has attained a basic inflatable safety
360360 operations certification from the safe inflatable operators training
361361 organization or other nationally recognized organization on how to
362362 properly operate such device in accordance with the manufacturer's
363363 guidelines.
364364 (d) No slide that uses water to propel the patron through the ride and
365365 that is at least 15 feet in height shall be operated in this state unless there is
366366 an attendant stationed at such slide to ensure patrons are properly adhering
367367 to the safety standards in place.
368368 Sec. 4. K.S.A. 44-1616 is hereby amended to read as follows: 44-
369369 1616. (a) No amusement ride shall be operated in this state unless a valid
370370 permit for such ride has been issued by the department. The owner of an
371371 amusement ride shall make application for a permit for such amusement
372372 ride to the secretary on such form and in such manner as prescribed by the
373373 secretary. The application for a permit shall include, but is not limited to,
374374 the following:
375375 (1) The name of the owner and operator of the amusement ride;
376376 (2) the location of the amusement ride, or the location where such
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420420 ride is stored when not in use;
421421 (3) valid certificate of inspection;
422422 (4) proof of insurance; and
423423 (5) (A) for amusement rides manufactured prior to July 1, 2018,
424424 certification that such ride qualifies as service proven, as that term is used
425425 in the applicable ASTM international F24 committee standards; and
426426 (B) for amusement rides manufactured on and after July 1, 2018,
427427 certification that such ride meets the applicable ASTM international F24
428428 committee standards pertaining to ride maintenance and operation.
429429 (b) Each applicant shall submit a permit fee along with the
430430 application in an amount as follows:
431431 (1) For amusement rides erected at a permanent location, $75 for a
432432 class A amusement ride, and $100 for a class B amusement ride;
433433 (2) for amusement rides erected at a temporary location, $30; and
434434 (3) for amusement rides owned or operated by a municipality or a
435435 nonprofit entity, whether erected at a permanent or temporary location,
436436 $10; and
437437 (4) for amusement rides commonly known as inflatable devices:
438438 (A) For 10 or fewer inflatable devices, $100;
439439 (B) for 11 through 24 inflatable devices, $175; and
440440 (C) for 25 or more devices, $250.
441441 (c) Upon approval of an application and receipt of the required fee,
442442 the secretary shall issue a permit for the amusement ride. Such permit shall
443443 be valid for one year from the date of issuance. Any permit fee paid by an
444444 applicant shall be returned to the applicant if the application is denied.
445445 (d) In addition to the permit fees required under subsection (b), no
446446 amusement ride shall be operated in this state unless the owner of such
447447 ride has registered as an amusement ride owner with the department.
448448 Registration shall be valid for a period of one year. The owner of an
449449 amusement ride shall register with the department in such form and in
450450 such manner as prescribed by the secretary, and by paying a registration
451451 fee as follows:
452452 (1) For amusement rides erected at a permanent location, $500;
453453 (2) for amusement rides erected at a temporary location, $250; and
454454 (3) for amusement rides owned by a municipality or nonprofit entity,
455455 whether erected at a permanent or temporary location, $50.
456456 The fee required under this subsection shall be an annual fee paid by
457457 the owner, regardless of the number of amusement rides owned by such
458458 owner.
459459 (e) All fees received by the secretary pursuant to this section shall be
460460 remitted by the secretary to the state treasurer in accordance with the
461461 provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
462462 each such remittance, the state treasurer shall deposit the entire amount in
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506506 the state treasury to the credit of the amusement ride safety fund.
507507 Sec. 5. K.S.A. 44-1601, 44-1602, 44-1605 and 44-1616 are hereby
508508 repealed.
509509 Sec. 6. This act shall take effect and be in force from and after its
510510 publication in the statute book.
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