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AN ACT concerning amusement rides; relating to inspection and per-
  mitting thereof; relating to licensed inspectors.
Be it enacted by the Legislature of the State of Kansas:
  Section 1.  For purposes of the this act, unless the context otherwise
requires:
  (a)  ``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 at carnivals, fairs
or amusement parks, and shall include but not be limited to:
  (1)  Rides commonly known as ferris wheels, carousels, parachute
towers, bungee jumping, tunnels of love and roller coasters;
  (2)  equipment generally associated with winter sports activities, such
as ski lifts, ski tows, j-bars, t-bars, ski mobiles, chair lifts and aerial
     tram-
ways; and
  (3)  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.
  (b)  ``Amusement ride'' does not include:
  (1)  Games, concessions and associated structures;
  (2)  any single passenger coin-operated ride that is manually, me-
chanically or electrically operated and customarily placed in a public lo-
cation and that does not normally require the supervision or services of
an operator; or
  (3)  nonmechanized playground equipment, including, but not limited
to, swings, seesaws, stationary spring-mounted animal features, rider-pro-
pelled merry-go-rounds, climbers, slides, trampolines and physical fitness
devices.
  (c)  ``Bungee jumping'' means the sport, activity, or other practice of
jumping, diving, stepping out, dropping, or otherwise being released into
the air while attached to a bungee cord, whereby the cord stretches, stops
the fall, lengthens, and shortens allowing the person to bounce up and
down, and is intended to finally bring the person to a stop at a point above
a surface or the ground.
  (d)  ``Reverse bungee jumping'' means the sport, activity, or practice
whereby a person is attached to a bungee cord, the bungee cord is
stretched down so that such person is on a fixed catapult, launch, or
release position, and such person is catapulted or otherwise launched or
released into the air from such fixed position, while attached to a bungee
cord, whereby the cord stretches, stops the fall, lengthens, and shortens
allowing the person to bounce up and down, and is intended to finally
bring the person to a stop at a point above a surface or the ground.
  (e)  ``Bungee cord'' means a cord made of rubber, latex or other elastic
type material, whether natural or synthetic.
  (f)  ``Secretary'' means the secretary of agriculture or the secretary's
designee.
  (g)  ``Operator'' means a person actually engaged in or directly con-
trolling the operations of an amusement ride.
  (h)  ``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.
  (i)  ``Licensed inspector'' means any person who is licensed by the
secretary to perform inspections of amusement rides.
  Sec. 2.  (a) The secretary shall adopt rules and regulations:
  (1)  For the safe installation, repair, maintenance, use, operation and
inspection of amusement rides as the secretary deems necessary for the
protection of the general public; and
  (2)  necessary to carry out the provisions of this act.
  (b)  Such rules and regulations shall be of a reasonable nature, based
upon generally accepted engineering standards, formulas and practices,
and, insofar as practicable and consistent with this act, uniform with rules
and regulations of other states.
  (c)  The secretary shall administer and enforce this act and all rules
and regulations adopted pursuant to such act. The secretary shall coor-
dinate all regulatory and investigative activities with the appropriate state
agencies.
  Sec. 3.  Except for purposes of testing and inspection, no amusement
ride shall be operated without a valid permit for the operation issued by
the secretary to the owner of such amusement ride. The owner of an
amusement ride shall apply for a permit under section 5 to the secretary
on an application furnished by the secretary and shall include such infor-
mation as the secretary may require. Every amusement ride shall be in-
spected before it is originally put into operation for public use and at least
once every year after such ride is put into operation for public use.
  Sec. 4.  No person shall operate a reverse bungee jumping ride in this
state.
  Sec. 5.  (a) The secretary shall issue a permit to operate an amuse-
ment ride to the owner of such amusement ride upon presentation by
the owner of:
  (1)  An application for a permit;
  (2)  a certificate of inspection by a qualified inspector;
  (3)  proof of liability insurance as required in section 6; and
  (4)  the permit fee, as established in section 9.
  (b)  Such permit shall be valid for a period of 12 months from the
date of inspection by a qualified inspector.
  (c)  The secretary may waive the requirement of subsection (a)(2) if
the owner of the amusement ride gives satisfactory proof to the secretary
that such amusement ride has passed an inspection conducted or required
by a federal agency, any other state or a governmental subdivision of this
or of any other state which has standards for the inspection of such an
amusement ride at least as stringent as those adopted pursuant to this
act.
  Sec. 6.  (a) No amusement ride shall be operated unless at the time
of operation the owner has an insurance policy in effect written by an
insurance company authorized to do business in Kansas insuring the
owner and operator against liability for injury to persons arising out of
the operation of such amusement ride. Such insurance policy shall be in
an amount not less than the minimum amount per occurrence as estab-
lished by the secretary. Such minimum amount shall be established with
due regard to the protection of the general public and the availability of
insurance coverage, but such minimum amount shall not be greater than
$1,000,000 per occurrence. The secretary may require a separate insur-
ance policy from the owner of any equipment used in an amusement ride,
subject to the minimums and limitations provided in this section.
  (b)  Whenever an insurance company notifies its insured that such
insurance company will no longer insure an amusement ride, or that in-
surance on a ride is no longer in force, the insurance company shall also
notify the department of agriculture, in a form and manner prescribed
by rules and regulations by the secretary, of the owner of the ride and a
description or identification number of the ride for which insurance is
canceled or suspended or is not to be renewed.
  Sec. 7.  The secretary may inspect any amusement ride without no-
tice at any time while such amusement ride is operating in this state. The
secretary may temporarily suspend a permit to operate an amusement
ride if it has been determined after inspection to be hazardous or unsafe.
An amusement ride shall not be operated while the permit for its oper-
ation is suspended. Operation of such an amusement ride shall not re-
sume until the hazardous or unsafe condition is corrected to the satisfac-
tion of the secretary.
  Sec. 8.  The owner of an amusement ride shall send a copy of any
accident report required by such owner's insurer to the secretary. The
secretary may provide for the suspension of the permit of operation for
any amusement ride, the breakdown or malfunction of which directly
caused serious injury or death of any person. The secretary may also
require an inspection of any amusement ride, whose operation has re-
sulted in any serious injury or death, before operation of such amusement
ride may be resumed.
  Sec. 9.  (a) The secretary shall establish by rules and regulations a
schedule of:
  (1)  Permit fees not to exceed $50 for each amusement ride; and
  (2)  license fees not to exceed $15 for each licensed inspector.
  (b)  Such fees shall be established with due regard for the costs of
administering this act.
  Sec. 10.  There is hereby created the amusement ride fund. The sec-
retary shall remit all permit and license fees collected pursuant to this act
to the state treasurer at least monthly. Upon receipt of any such remit-
tance, the state treasurer shall deposit the entire amount thereof in the
state treasury and the same shall be credited to the amusement ride fund.
All expenditures from the amusement ride fund shall be made in accor-
dance with appropriation acts upon warrants of the director of accounts
and reports issued pursuant to vouchers approved by the secretary of
agriculture or by a person or persons designated by the secretary. All
moneys collected pursuant to this act shall be used for the sole purpose
of administering the provisions of the act.
  Sec. 11.  The secretary may license such licensed inspectors as may
be necessary to carry out this act. The secretary, through rules and reg-
ulations, shall establish criteria for licensed inspectors to meet prior to
being licensed by the secretary. Application for such license shall be made
on a form furnished by the secretary and accompanied by the fee for each
application as established in section 9.
  Sec. 12.  (a) The secretary, by rules and regulations, may establish a
schedule of reasonable inspection fees for each amusement ride. The cost
of obtaining the certificate of inspection from a qualified inspector shall
be borne by the owner of the amusement ride.
  (b)  A separate schedule of fees shall be established for the inspection
of bungee jumping operations, including the inspection of cranes used
for bungee jumping. The fees shall be established taking into considera-
tion the cost of such inspections.
  Sec. 13.  Each owner, at all times, shall retain up-to-date mainte-
nance and inspection records for each amusement ride as prescribed by
the secretary. The owner shall make such records available to the secre-
tary on request.
  Sec. 14.  The secretary may require the owner of an amusement ride
to provide the secretary with a tentative schedule of events at which the
amusement ride will be operated within this state. The secretary shall
establish timetables and procedures for providing and updating such
schedules.
  Sec. 15.  No person shall operate an amusement ride unless such per-
son is at least 16 years of age. An operator shall be in attendance at all
times that an amusement ride is in operation.
  Sec. 16.  Any person who knowingly operates or causes to be oper-
ated an amusement ride in violation of this act shall be guilty of a class B
misdemeanor. Each day a violation continues shall constitute a separate
offense.
  Sec. 17.  The attorney general, acting on behalf of the secretary, or
the county or district attorney in a county in which an amusement ride is
located or operated may apply to the district court for an order enjoining
operation of any amusement ride operated in violation of this act.
  Sec. 18.  This act shall not be construed to alter the duty of care or
the liability of an owner of an amusement ride for injuries or death of
any person or damage to any property arising out of an accident involving
an amusement ride. The state and its officers and employees shall not be
construed to assume liability arising out of an accident involving an
amusement ride by reason of administration of this act.
  Sec. 19.  The governing board of any city or county may establish and
enforce safety standards for amusement rides in addition to, but not in
conflict with, the standards established by the secretary pursuant to this
act.
  Sec. 20.  If any clause, sentence, paragraph, section, or part of this
act shall for any reason be declared unconstitutional by any court of com-
petent jurisdiction it shall not affect the validity or constitutionality of any
remaining sentence, clause, paragraph, section or part of this act.
  Sec. 21.  This act shall take effect and be in force from and after its
publication in the statute book.