Session of 2025
HOUSE BILL No. 2229
By Representative Reavis
2-4
AN ACT concerning the Kansas amusement ride act; relating to inflatable
devices and other amusement rides; providing for inspections, training
and annual fees; amending K.S.A. 44-1601, 44-1602, 44-1605 and 44-
1616 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 44-1601 is hereby amended to read as follows: 44-
1601. As used in this act:
(a) (1) "Amusement ride" means any mechanical or electrical device
that carries or conveys 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, thrills or excitement, including, but
not be limited to:
(A) Rides commonly known as ferris wheels, carousels, parachute
towers, bungee jumping, reverse bungee jumping, tunnels of love, roller
coasters, boat rides, water slides, inflatable devices, commercial zip lines,
trampoline courts and go-karts;
(B) equipment generally associated with winter activities, such as ski
lifts, ski tows, j-bars, t-bars, chair lifts and aerial tramways; and
(C) equipment not originally designed to be used as an amusement
ride, such as cranes or other lifting devices, when used as part of an
amusement ride.
(2) "Amusement ride" does not include:
(A) Games, concessions and associated structures;
(B) any single passenger coin-operated ride that: (i) Is manually,
mechanically or electrically operated; (ii) is customarily placed in a public
location; and (iii) does not normally require the supervision or services of
an operator;
(C) nonmechanized playground equipment, including, but not limited
to, swings, seesaws, stationary spring-mounted animal features, rider-
propelled merry-go-rounds, climbers, slides and physical fitness devices;
(D) antique amusement rides;
(E) limited-use amusement rides;
(F) registered agritourism activities;
(G) any ride commonly known as a hayrack ride in which patrons sit
in a wagon or cart that is then pulled by horses or a tractor or other motor
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vehicle;
(H) any ride commonly known as a barrel train, which has a series of
handmade cars fashioned from barrels that are connected and pulled by a
tractor or other motor vehicle; or
(I) any amusement ride owned by an individual and operated solely
within a single county for strictly private use.
(b) "Antique amusement ride" means an amusement ride, as defined
in subsection (a)(1), manufactured prior to January 1, 1930.
(c) "Certificate of inspection" means a certificate, signed and dated
by a qualified inspector, showing that an amusement ride has satisfactorily
passed inspection by such inspector.
(d) "Class A amusement ride" means an amusement ride designed for
use primarily by individuals aged 12 or less.
(e) "Class B amusement ride" means an amusement ride that is not
classified as a class A amusement ride.
(f) "Department" means the department of labor.
(g) "Limited-use amusement ride" means an amusement ride, as
defined in subsection (a)(1), owned and operated by a nonprofit,
community-based organization that is operated for less than 20 days, or
160 hours, in a year and is operated at only one location each year.
(h) "Nondestructive testing" means the development and application
of technical methods in accordance with ASTM F747 standards such as
radiographic, magnetic particle, ultrasonic, liquid penetrant,
electromagnetic, neutron radiographic, acoustic emission, visual and leak
testing to:
(1) Examine materials or components in ways that do not impair the
future usefulness and serviceability in order to detect, locate, measure and
evaluate discontinuities, defects and other imperfections;
(2) assess integrity, properties and composition; and
(3) measure geometrical characters.
(i) "Operator" means a person actually supervising, or engaged in or
directly controlling the operations of an amusement ride.
(j) "Owner" means a person who owns, leases, controls or manages
the operations of an amusement ride and may include the state or any
political subdivision of the state.
(k) "Parent or guardian" means any parent, guardian or custodian
responsible for the control, safety, training or education of a minor or an
adult or minor with an impairment in need of a guardian or a conservator,
or both, as those terms are defined by K.S.A. 59-3051, and amendments
thereto.
(l) (1) "Patron" means any individual who is:
(A) Waiting in the immediate vicinity of an amusement ride to get on
the ride;
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(B) getting on an amusement ride;
(C) using an amusement ride;
(D) getting off an amusement ride; or
(E) leaving an amusement ride and still in the immediate vicinity of
the ride.
(2) "Patron" does not include employees, agents or servants of the
owner while engaged in the duties of their employment.
(m) "Person" means any individual, association, partnership,
corporation, limited liability company, government or other entity.
(n) "Qualified inspector" means a person who:
(1) Is a licensed professional engineer, as defined in K.S.A. 74-7003,
and amendments thereto, and has completed at least two years of
experience in the amusement ride field, consisting of at least one year of
actual inspection of amusement rides under a qualified inspector for a
manufacturer, governmental agency, amusement park, carnival or
insurance underwriter, and an additional year of practicing any
combination of amusement ride inspection, design, fabrication,
installation, maintenance, testing, repair or operation;
(2) provides satisfactory evidence of completing a minimum of five
years of experience in the amusement ride field, at least two years of
which consisted of actual inspection of amusement rides under a qualified
inspector for a manufacturer, governmental agency, amusement park,
carnival or insurance underwriter, and the remaining experience consisting
of any combination of amusement ride inspection, design, fabrication,
installation, maintenance, testing, repair or operation;
(3) has received qualified training from a third party, such as
attainment of level I certification from the national association of
amusement ride safety officials (NAARSO), attainment of level I
certification from the amusement industry manufacturers and suppliers
international (AIMS), attainment of a qualified inspector certification from
the association for challenge course technology (ACCT), when applicable,
or other similar qualification from another nationally recognized
organization; or
(4) for purposes of inspecting inflatable devices that are rented on a
regular basis and erected at temporary locations, provides satisfactory
evidence of completing a minimum of five years of experience working
with inflatable devices and has received qualified training from a third
party, such as attainment of an advanced inflatable safety operations
certification from the safe inflatable operators training organization or
other nationally recognized organization. Such training shall be good for
five years.
(o) "Registered agritourism activity" means an amusement ride, as
defined in subsection (a)(1), that is a registered agritourism activity, as
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defined in K.S.A. 32-1432, and amendments thereto.
(p) "Secretary" means the secretary of labor.
(q) "Serious injury" means an injury that results in:
(1) Death, dismemberment, significant disfigurement or permanent
loss of the use of a body organ, member, function or system;
(2) a compound fracture; or
(3) other injury or illness that requires immediate admission and
overnight hospitalization, and observation by a licensed physician.
(r) "Sign" means any symbol or language reasonably calculated to
communicate information to patrons or their parents or guardians,
including placards, prerecorded messages, live public address, stickers,
pictures, pictograms, guide books, brochures, videos, verbal information
and visual signals.
(s) "Water slide" means a slide that is at least 35 feet in height and
that uses water to propel the patron through the ride.
Sec. 2. K.S.A. 44-1602 is hereby amended to read as follows: 44-
1602. (a) No amusement ride, antique amusement ride, limited-use
amusement ride or registered agritourism activity shall be operated in this
state unless such ride has a valid certificate of inspection. An amusement
ride erected, antique amusement ride, limited-use amusement ride or
registered agritourism activity operated in this state shall be inspected by a
qualified inspector at least every 12 months.
The certificate of an inspection required by this subsection shall be
signed and dated by the inspector and shall be available to any person
contracting with the owner for the operation of such amusement ride,
antique amusement ride, limited-use amusement ride or registered
agritourism activity. In addition, a visible inspection decal provided by the
department or other evidence of inspection shall be posted in plain view on
or near the amusement ride, antique amusement ride, limited-use
amusement ride or registered agritourism activity in a location where it can
easily be seen.
(b) Inspections performed pursuant to this section shall be paid for by
the owner of the amusement ride, antique amusement ride, limited-use
amusement ride or registered agritourism activity, or in the case of a state
agency or political subdivision of the state, such governmental entity shall
pay for the inspection.
(c) In addition to the annual inspection required by subsection (a), the
operator of an amusement ride, antique amusement ride, limited-use
amusement ride or registered agritourism activity shall perform and record
daily inspections of the ride. The daily inspection shall include an
inspection of equipment identified for daily inspection in accordance with
the applicable codes and the manufacturer's recommendations.
(d) The secretary shall conduct random compliance audits of
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amusement rides erected both at permanent locations and at temporary
locations. A warning citation for violation of this act shall be issued against
any owner or operator for a first violation.
(e) The secretary shall develop an inspection checklist, which shall be
posted on the department's website.
Sec. 3. K.S.A. 44-1605 is hereby amended to read as follows: 44-
1605. (a) No amusement ride, antique amusement ride, limited-use
amusement ride or registered agritourism activity shall be operated in this
state unless the operator has satisfactorily completed training that includes,
at a minimum:
(1) Instruction on operating procedures for the ride, the specific
duties of the operator, general safety procedures and emergency
procedures;
(2) demonstration of physical operation of the ride; and
(3) supervised observation of the operator's physical operation of the
ride.
(b) No amusement ride, antique amusement ride, limited-use
amusement ride or registered agritourism activity shall be operated in this
state unless the name of each operator trained to operate the ride and the
certificate of each such operator's satisfactory completion of such training,
signed and dated by the trainer, is available to any person contracting with
the owner for the amusement ride's operation on the premises where the
amusement ride is operated, during the hours of operation of the ride.
(c) No inflatable device that is rented on a regular basis and erected at
a temporary location shall be operated in this state unless the operator has
been trained by a person who has attained a basic inflatable safety
operations certification from the safe inflatable operators training
organization or other nationally recognized organization on how to
properly operate such device in accordance with the manufacturer's
guidelines.
(d) No slide that uses water to propel the patron through the ride and
that is at least 15 feet in height shall be operated in this state unless there is
an attendant stationed at such slide to ensure patrons are properly adhering
to the safety standards in place.
Sec. 4. K.S.A. 44-1616 is hereby amended to read as follows: 44-
1616. (a) No amusement ride shall be operated in this state unless a valid
permit for such ride has been issued by the department. The owner of an
amusement ride shall make application for a permit for such amusement
ride to the secretary on such form and in such manner as prescribed by the
secretary. The application for a permit shall include, but is not limited to,
the following:
(1) The name of the owner and operator of the amusement ride;
(2) the location of the amusement ride, or the location where such
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ride is stored when not in use;
(3) valid certificate of inspection;
(4) proof of insurance; and
(5) (A) for amusement rides manufactured prior to July 1, 2018,
certification that such ride qualifies as service proven, as that term is used
in the applicable ASTM international F24 committee standards; and
(B) for amusement rides manufactured on and after July 1, 2018,
certification that such ride meets the applicable ASTM international F24
committee standards pertaining to ride maintenance and operation.
(b) Each applicant shall submit a permit fee along with the
application in an amount as follows:
(1) For amusement rides erected at a permanent location, $75 for a
class A amusement ride, and $100 for a class B amusement ride;
(2) for amusement rides erected at a temporary location, $30; and
(3) for amusement rides owned or operated by a municipality or a
nonprofit entity, whether erected at a permanent or temporary location,
$10; and
(4) for amusement rides commonly known as inflatable devices:
(A) For 10 or fewer inflatable devices, $100;
(B) for 11 through 24 inflatable devices, $175; and
(C) for 25 or more devices, $250.
(c) Upon approval of an application and receipt of the required fee,
the secretary shall issue a permit for the amusement ride. Such permit shall
be valid for one year from the date of issuance. Any permit fee paid by an
applicant shall be returned to the applicant if the application is denied.
(d) In addition to the permit fees required under subsection (b), no
amusement ride shall be operated in this state unless the owner of such
ride has registered as an amusement ride owner with the department.
Registration shall be valid for a period of one year. The owner of an
amusement ride shall register with the department in such form and in
such manner as prescribed by the secretary, and by paying a registration
fee as follows:
(1) For amusement rides erected at a permanent location, $500;
(2) for amusement rides erected at a temporary location, $250; and
(3) for amusement rides owned by a municipality or nonprofit entity,
whether erected at a permanent or temporary location, $50.
The fee required under this subsection shall be an annual fee paid by
the owner, regardless of the number of amusement rides owned by such
owner.
(e) All fees received by the secretary pursuant to this section shall be
remitted by the secretary to the state treasurer in accordance with the
provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
each such remittance, the state treasurer shall deposit the entire amount in
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the state treasury to the credit of the amusement ride safety fund.
Sec. 5. K.S.A. 44-1601, 44-1602, 44-1605 and 44-1616 are hereby
repealed.
Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.
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