Bill Summary – FastDemocracy

Enrolled Copy                                                                       H.B. 154
                                AMUSEMENT RIDE SAFETY
                                     2020 GENERAL SESSION
                                         STATE OF UTAH
                            Chief Sponsor: Timothy D. Hawkes
                              Senate Sponsor: Kirk A. Cullimore
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 LONG TITLE
 General Description:
        This bill revises provisions in the Amusement Ride Safety Act.
 Highlighted Provisions:
        This bill:
        < amends the definitions;
        < amends provisions of the Utah Amusement Ride Safety Committee's rulemaking
 authority;
        < provides clarification regarding the Utah Amusement Ride Safety Committee's
 membership;
        < modifies provisions regarding the hiring of the committee's director;
        < modifies the continuing education requirements for the renewal of a qualified safety
 inspector certification;
        < allows the director to deny, suspend, or revoke an owner-operator's approval to
 operate an amusement ride under a multi-ride permit, upon a violation involving the
 amusement ride; and
        < makes technical changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
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 AMENDS:
        72-16-102, as enacted by Laws of Utah 2019, Chapter 244
        72-16-201, as enacted by Laws of Utah 2019, Chapter 244
        72-16-202, as enacted by Laws of Utah 2019, Chapter 244
        72-16-203, as enacted by Laws of Utah 2019, Chapter 244
        72-16-301, as enacted by Laws of Utah 2019, Chapter 244
        72-16-302, as enacted by Laws of Utah 2019, Chapter 244
        72-16-303, as enacted by Laws of Utah 2019, Chapter 244
        72-16-304, as enacted by Laws of Utah 2019, Chapter 244
        72-16-305, as enacted by Laws of Utah 2019, Chapter 244
        72-16-306, as enacted by Laws of Utah 2019, Chapter 244
        72-16-401, as enacted by Laws of Utah 2019, Chapter 244
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 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 72-16-102 is amended to read:
        72-16-102. Definitions.
        As used in this chapter:
        (1) "Account" means the Amusement Ride Safety Restricted Account created in
 Section 72-16-204.
        (2) (a) "Amusement park" means a permanent indoor or outdoor facility or park where
 one or more amusement rides are available for use by the general public.
        (b) "Amusement park" does not include a traveling show, carnival, or public
 fairground.
        (3) (a) "Amusement ride" means a device or [attraction] combination of devices or
 elements that carries or conveys one or more riders along, around, or over a fixed or restricted
 route or course or allows the riders to steer or guide the device [or attraction] within an
 established area for the purpose of giving the riders amusement, pleasure, thrills, or excitement.
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       Enrolled Copy                                                                        H.B. 154
         [(b) "Amusement ride" includes a roller coaster, whip, ferris wheel, merry-go-round,
 and zipline.]
         [(c)] (b) "Amusement ride" does not include:
         (i) a coin-operated ride that:
         (A) is manually, mechanically, or electrically operated;
         (B) is customarily placed in a public location; and
         (C) does not normally require the supervision or services of an operator;
         (ii) nonmechanized playground equipment, including a swing, seesaw, stationary
 spring-mounted animal feature, rider-propelled merry-go-round, climber, playground slide,
 trampoline, or physical fitness device;
         (iii) an inflatable device;
         (iv) a water-based recreational attraction where complete or partial immersion is
 intended, including a water slide, wave pool, or water park;
         (v) a challenge, exercise, or obstacle course;
         (vi) a passenger ropeway as defined in Section 72-11-102;
         (vii) a device or attraction that involves one or more live animals; [or]
         (viii) a tractor ride or wagon ride[.]; or
         (ix) motion seats in a movie theater for which the manufacturer does not require a
 restraint.
         (4) "Committee" means the Utah Amusement Ride Safety Committee created in
 Section 72-16-201.
         (5) "Director" means the director of the committee, [appointed] hired under Section
 72-16-202.
         (6) "Mobile amusement ride" means an amusement ride that is:
         (a) designed or adapted to be moved from one location to another;
         (b) not fixed at a single location; and
         (c) relocated at least once each calendar year.
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         (7) "Operator" means the individual who controls the starting, stopping, or speed of an
 amusement ride.
         (8) "Owner-operator" means the person who has control over and responsibility for the
 maintenance, setup, and operation of an amusement ride.
         (9) "Permanent amusement ride" means an amusement ride that is not a mobile
 amusement ride.
         (10) "Qualified safety inspector" means an individual who holds a valid qualified
 safety inspector certification.
         (11) "Qualified safety inspector certification" means a certification issued by the
 director under Section 72-16-303.
         (12) "Reportable serious injury" means an injury to a rider that:
         (a) occurs when there is a failure or malfunction of an amusement ride; and
         (b) results in death, dismemberment, permanent disfigurement, permanent loss of the
 use of a body organ, member, function, or system, or a compound fracture.
         (13) "Safety inspection certification" means a written document that:
         (a) is signed by a qualified safety inspector certifying that:
         (i) the qualified safety inspector performed an in-person inspection of an amusement
 ride to check compliance with the safety standards described in Section 72-16-304 and
 established by rule; and
         (ii) at the time the qualified safety inspector performed the in-person inspection, the
 amusement ride:
         (A) was set up [in the state] for use by the general public; and
         (B) satisfied the safety standards described in Section 72-16-304 and established by
 rule; and
         (b) includes the date on which the qualified safety inspector performed the in-person
 inspection.
         (14) "Serious injury" means an injury to a rider that:
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       Enrolled Copy                                                                        H.B. 154
        (a) occurs when there is a failure or malfunction of an amusement ride; and
        (b) requires immediate admission to a hospital and overnight hospitalization and
 observation by a licensed physician.
        Section 2. Section 72-16-201 is amended to read:
        72-16-201. Creation of Utah Amusement Ride Safety Committee.
        (1) There is created within the department the Utah Amusement Ride Safety
 Committee.
        (2) The committee is comprised of the following members:
        (a) six members as follows, appointed by the governor:
        (i) one member who represents fairs in the state that employ 25 or more employees;
        (ii) one member who represents mobile ride operators;
        (iii) one member who represents permanent ride operators;
        (iv) one member who represents large amusement parks in the state;
        (v) one member who represents the public at large; and
        (vi) one member who represents a nationally recognized amusement ride safety or
 regulatory organization; and
        (b) one [ex officio] nonvoting member appointed by the executive director.
        (3) (a) Except as provided in Subsection (3)(b), the governor shall appoint each
 member described in Subsection (2)(a) to a four-year term.
        (b) The governor shall, at the time of appointment or reappointment, adjust the length
 of terms to ensure that the terms of the committee members appointed under Subsection (2)(a)
 are staggered so that approximately half of the committee is appointed every two years.
        (4) In making an appointment under Subsection (2)(a), the governor shall request and
 consider recommendations from:
        (a) the membership of the interest from which the appointment is to be made; and
        (b) the department.
        (5) When a vacancy occurs in the membership of the committee, the governor shall
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 appoint a replacement for the remainder of the unexpired term.
        (6) A member of the committee may not receive compensation or benefits for the
 member's service, but may receive per diem and travel expenses in accordance with:
        (a) Section 63A-3-106;
        (b) Section 63A-3-107; and
        (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
 63A-3-107.
        (7) The department shall supply the committee with office space, equipment, and staff
 the executive director finds appropriate.
        (8) (a) The committee shall select a chair annually from the committee members.
        (b) Four voting members constitute a quorum for conducting committee business.
        (c) A majority vote of a quorum present at a meeting constitutes an action of the
 committee.
        (9) The committee shall meet at least quarterly and at the call of the chair or of a
 majority of the members.
        Section 3. Section 72-16-202 is amended to read:
        72-16-202. Hiring of director.
        (1) (a) The [committee] executive director, subject to approval by the [executive
 director] committee, shall [appoint] hire a director.
        (b) The executive director may remove the director at the executive director's will.
        (2) The director shall:
        (a) be experienced in administration and possess additional qualifications as
 determined by the committee and the executive director; and
        (b) receive compensation in accordance with Title 67, Chapter 19, Utah State
 Personnel Management Act.
        Section 4. Section 72-16-203 is amended to read:
        72-16-203. Rulemaking.
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        Enrolled Copy                                                                           H.B. 154
        (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
 the provisions of this chapter the committee may make rules:
        (a) establishing:
        (i) the form of an application and a renewal application for:
        (A) a qualified safety inspector certification;
        (B) an annual amusement ride permit; and
        (C) a multi-ride annual amusement ride permit;
        (ii) the procedure to apply for and renew:
        (A) a qualified safety inspector certification;
        (B) an annual amusement ride permit; and
        (C) a multi-ride annual amusement ride permit;
        (iii) standards for a daily inspection under Section 72-16-302;
        (iv) the form of a report of a reportable serious injury to the director;
        (v) the procedure for reporting a reportable serious injury to the director;
        (vi) the procedure to suspend and revoke:
        (A) a qualified safety inspector certification;
        (B) an annual amusement ride permit; and
        (C) a multi-ride annual amusement ride permit;
        (vii) a retention schedule that applies to each qualified safety inspector for records
 related to a qualified safety inspector's duties under this chapter; [and]
        (viii) a retention schedule that applies to each owner-operator for records related to an
 owner-operator's duties under this chapter;
        (ix) fees;
        (x) minimum insurance requirements for certified inspectors; and
        (xi) fines or administrative penalties for lack of compliance with this chapter.
        (b) regarding the experience required to obtain a qualified safety inspector certification
 under Subsection 72-16-303(3)(a); and
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        (c) adopting nationally recognized:
        (i) amusement ride inspection standards; and
        (ii) qualified safety inspector qualification standards.
        (2) Notwithstanding Subsection 63G-3-301(13), the committee shall initiate
 rulemaking proceedings, as defined in Section 63G-3-301, to make rules under this section no
 later than December 1, 2020.
        Section 5. Section 72-16-301 is amended to read:
        72-16-301. Requirements for amusement ride operation.
        (1) Beginning on April 1, [2021] 2022, a person may not operate an amusement ride in
 the state that is open to the public, unless the person obtains:
        (a) an annual amusement ride permit for the amusement ride in accordance with this
 section; or
        (b) a multi-ride annual amusement ride permit that includes the amusement ride, in
 accordance with this section.
        (2) To obtain or renew an annual amusement ride permit for a mobile amusement ride,
 the owner-operator shall submit an application to the director that contains the following and is
 in a form prescribed by the director:
        (a) the owner-operator's name and address;
        (b) a description of the mobile amusement ride, including the manufacturer's name, the
 serial number, and the model number;
        (c) each known location in the state where the owner-operator intends to operate the
 mobile amusement ride during the 12-month period for which the annual amusement ride
 permit is valid, updated in accordance with Subsection (5);
        (d) for each location identified under Subsection (2)(c), the name and contact
 information of the fair, show, landlord, or property owner;
        (e) the date on which the owner-operator intends to set up the mobile amusement ride
 at each location identified under Subsection (2)(c);
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        Enrolled Copy                                                                           H.B. 154
        (f) the dates on which the owner-operator intends to operate the mobile amusement
 ride for use by the general public at each location identified under Subsection (2)(c);
        (g) proof of compliance with the insurance requirement described in Section
 72-16-305;
        (h) a safety inspection certification dated no more than 30 days before the day on which
 the owner-operator submits the application; and
        (i) a fee established by the committee in accordance with Section 63J-1-504.
        (3) To obtain or renew an annual amusement ride permit for a permanent amusement
 ride, the owner-operator shall submit an application to the director that contains the following
 information and is in a form prescribed by the director:
        (a) the owner-operator's name and address;
        (b) a description of the permanent amusement ride, including the manufacturer's name,
 the serial number, and the model number;
        (c) the location in the state where the owner-operator will operate the permanent
 amusement ride;
        (d) the first date on which the owner-operator intends to operate the permanent
 amusement ride for use by the general public;
        (e) proof of compliance with the insurance requirement described in Section
 72-16-305;
        (f) a safety inspection certification dated no more than 30 days before the day on which
 the owner-operator submits the application; and
        (g) a fee established by the committee in accordance with Section 63J-1-504.
        (4) To obtain or renew a multi-ride annual amusement ride permit for all amusement
 rides located at an amusement park that employs more than 1,000 individuals in a calendar
 year, the amusement park shall submit an application to the director that contains the following
 information and is in a form prescribed by the director:
        (a) the amusement park's name and address;
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        (b) a list of each amusement ride located at the amusement park, including a
 description of each amusement ride;
        (c) the first date on which the amusement park will operate each amusement ride
 identified in Subsection (4)(b);
        (d) proof of compliance with the insurance requirement described in Section
 72-16-305;
        (e) a safety inspection certification for each