Assembly Bill No. 334–Assemblymen Leslie, Cegavske, Chowning, de Braga, Gibbons, Anderson, Bache, Brower, Claborn, Freeman, Giunchigliani, Gustavson, Hettrick, Humke, Nolan, Parnell and Smith

 

March 13, 2001

____________

 

Referred to Committee on Health and Human Services

 

SUMMARY—Makes various changes relating to safety of carnival rides. (BDR 40‑927)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to carnivals; prohibiting a person from operating a carnival ride with a passenger without an operation permit; requiring certain persons to take certain actions when a death or serious injury occurs as a result of the operation of a carnival ride; requiring the division of industrial relations of the department of business and industry to adopt certain regulations relating to carnival rides; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 455B of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 to 17, inclusive, of this act.

1-3    Sec. 2.  As used in sections 2 to 17, inclusive, of this act, unless the

1-4  context otherwise requires, the words and terms defined in sections 3 to

1-5  9, inclusive, of this act have the meanings ascribed to them in those

1-6  sections.

1-7    Sec. 3.  “Carnival” means a mobile enterprise principally devoted to

1-8  offering amusement or entertainment to the public in, upon or by means

1-9  of a carnival ride, whether associated with other structures or forms of

1-10  public attraction.

1-11    Sec. 4.  “Carnival ride” means any type of ride, including, without

1-12  limitation, any mechanical or aquatic device, or combination of devices,

1-13  that:

1-14    1.  Carries, conveys or directs passengers over a fixed or restricted

1-15  route or within a defined area primarily for the passengers’ amusement

1-16  or entertainment;

1-17    2.  Is erected for less than 30 days at a time; and

2-1    3.  Is not erected in an amusement park.

2-2  As used in this section, “amusement park” has the meaning ascribed to it

2-3  in NRS 455B.010.

2-4    Sec. 5.  “Carnival ride inspector” means a person who is certified by

2-5  the division to inspect carnival rides.

2-6    Sec. 6.  “Division” means the division of industrial relations of the

2-7  department of business and industry.

2-8    Sec. 7.  “Operation permit” means a permit issued by a carnival ride

2-9  inspector which states that all carnival rides at a carnival comply with

2-10  the most recent standards for operation, maintenance, design and

2-11  manufacture, testing and inspections of amusement park rides as

2-12  adopted by the American Society for Testing and Materials and which

2-13  authorizes the operator to operate carnival rides.

2-14    Sec. 8.  “Operator” means a person who owns, leases, manages or

2-15  operates a carnival.

2-16    Sec. 9.  “Passenger” means a person who uses a carnival ride.

2-17    Sec. 10.  1.  A person shall not operate a carnival ride with a

2-18  passenger or cause a carnival ride to be operated with a passenger unless

2-19  an operation permit has been issued for the carnival.

2-20    2.  If a death occurs because of the operation of a carnival ride, the

2-21  operator shall stop the ride and shall not operate the ride until the

2-22  division has approved the operation of the ride in writing. Within 24

2-23  hours after a death or serious injury that occurs because of the operation

2-24  of a carnival ride, an operator shall report such death or injury and the

2-25  cause thereof to the division. If the operator fails to report a death or

2-26  injury pursuant to this subsection, the operator is guilty of a

2-27  misdemeanor.

2-28    3.  As used in this section, “serious injury” means an injury that

2-29  requires emergency medical attention at a facility that provides

2-30  emergency medical care.

2-31    Sec. 11.  1.  The division shall provide by regulation:

2-32    (a) A method for certifying natural persons as carnival ride

2-33  inspectors;

2-34    (b) Qualifications for certification as a carnival ride inspector;

2-35    (c) Procedures for issuing a permit to operate a carnival;

2-36    (d) A method for an operator to report a death or serious injury that

2-37  occurs because of the operation of a carnival ride; and

2-38    (e) Procedures for the investigation by the division of a death or

2-39  serious injury that occurs because of the operation of a carnival ride.

2-40    2.  A person who applies for certification as a carnival ride inspector

2-41  must submit to the division an application for certification in the form

2-42  required by the division. An application for certification as a carnival

2-43  ride inspector must include the social security number of the applicant.

2-44    3.  The division may adopt such other regulations as it deems

2-45  necessary to carry out the provisions of sections 2 to 17, inclusive, of this

2-46  act.

2-47    Sec. 12.  1.  The division shall provide by regulation:

2-48    (a) A method for certifying natural persons as carnival ride

2-49  inspectors;

3-1    (b) Qualifications for certification as a carnival ride inspector;

3-2    (c) Procedures for issuing a permit to operate a carnival;

3-3    (d) A method for an operator to report a death or serious injury that

3-4  occurs because of the operation of a carnival ride; and

3-5    (e) Procedures for the investigation by the division of a death or

3-6  serious injury that occurs because of the operation of a carnival ride.

3-7    2.  A person who applies for certification as a carnival ride inspector

3-8  must submit to the division an application for certification in the form

3-9  required by the division.

3-10    3.  The division may adopt such other regulations as it deems

3-11  necessary to carry out the provisions of sections 2 to 17, inclusive, of this

3-12  act.

3-13    Sec. 13.  1.  A person who applies for certification as a carnival ride

3-14  inspector shall submit to the division the statement prescribed by the

3-15  welfare division of the department of human resources pursuant to NRS

3-16  425.520. The statement must be completed and signed by the applicant.

3-17    2.  The division shall include the statement required pursuant to

3-18  subsection 1 in:

3-19    (a) The application or any other forms that must be submitted for

3-20  certification as a carnival ride inspector; or

3-21    (b) A separate form prescribed by the division.

3-22    3.  The division shall not issue a certification to an applicant who:

3-23    (a) Fails to submit the statement required pursuant to subsection 1; or

3-24    (b) Indicates on the statement submitted pursuant to subsection 1 that

3-25  he is subject to a court order for the support of a child and is not in

3-26  compliance with the order or a plan approved by the district attorney or

3-27  other public agency enforcing the order for the repayment of the amount

3-28  owed pursuant to the order.

3-29    4.  If an applicant indicates on the statement submitted pursuant to

3-30  subsection 1 that he is subject to a court order for the support of a child

3-31  and is not in compliance with the order or a plan approved by the district

3-32  attorney or other public agency enforcing the order for the repayment of

3-33  the amount owed pursuant to the order, the division shall advise the

3-34  applicant to contact the district attorney or other public agency enforcing

3-35  the order to determine the actions that the applicant may take to satisfy

3-36  the arrearage.

3-37    Sec. 14.  1.  If the division receives a copy of a court order issued

3-38  pursuant to NRS 425.540 that provides for the suspension of all

3-39  professional, occupational and recreational licenses, certificates and

3-40  permits issued to a person who has been certified as a carnival ride

3-41  inspector, the division shall deem the certification to be suspended at the

3-42  end of the 30th day after the date on which the court order was issued

3-43  unless the division receives a letter issued to the person who is certified

3-44  as a carnival inspector by the district attorney or other public agency

3-45  pursuant to NRS 425.550 stating that the holder of the certificate has

3-46  complied with the subpoena or warrant or has satisfied the arrearage

3-47  pursuant to NRS 425.560.

3-48    2.  The division shall reinstate a certification as a carnival ride

3-49  inspector that has been suspended by a district attorney pursuant to NRS

4-1  425.540 if the division receives a letter issued by the district attorney or

4-2  other public agency pursuant to NRS 425.550 to the person whose

4-3  certification was suspended stating that the person whose certification

4-4  was suspended has complied with the subpoena or warrant or has

4-5  satisfied the arrearage pursuant to NRS 425.560.

4-6    Sec. 15.  1.  If a carnival ride inspector determines that all carnival

4-7  rides at a carnival comply with the most recent standards for operation,

4-8  maintenance, design and manufacture, testing and inspections of

4-9  amusement park rides adopted by the American Society for Testing and

4-10  Materials, he shall issue an operation permit for the carnival to the

4-11  operator of the carnival. If he determines that one or more carnival rides

4-12  at a carnival do not meet such standards, he shall not issue an operation

4-13  permit for the carnival until all carnival rides meet the standards.

4-14    2.  A carnival ride inspector may charge a fee for inspecting a

4-15  carnival ride.

4-16    Sec. 16.  1.  At least 3 days before beginning operation in a county,

4-17  the operator shall notify the county that the carnival intends to operate in

4-18  the county.

4-19    2.  For each carnival that operates in a county, the county building

4-20  inspector of the county, or if the county has not appointed a building

4-21  inspector, a person appointed by the county, shall determine whether an

4-22  operation permit has been issued for the carnival. If a county building

4-23  inspector or person appointed by the county, as appropriate, determines

4-24  that an operation permit has not been issued for the carnival, the county

4-25  shall cause the carnival to be shut down until an operation permit has

4-26  been issued for the carnival.

4-27    Sec. 17.  The provisions of sections 2 to 17, inclusive, of this act do

4-28  not prohibit a county, city or unincorporated town from adopting

4-29  ordinances that regulate carnivals which are consistent with the

4-30  provisions of sections 2 to 17, inclusive, of this act.

4-31    Sec. 18.  NRS 455B.010 is hereby amended to read as follows:

4-32    455B.010  As used in [this chapter,] NRS 455B.010 to 455B.100,

4-33  inclusive, unless the context otherwise requires:

4-34    1.  “Amusement park” means any permanent facility or park where

4-35  amusement rides are available on a regular basis for use by the public.

4-36    2.  “Amusement ride” or “ride” means any type of ride located in an

4-37  amusement park, including, without limitation, any mechanical or aquatic

4-38  device , which carries passengers over a fixed or restricted route primarily

4-39  for the passengers’ amusement. The terms include any ride propelled by its

4-40  passengers or gravity if it is located in an amusement park.

4-41    3.  “Operator” means a person who owns, leases, manages or operates

4-42  an amusement park.

4-43    4.  “Passenger” means a person using an amusement ride.

4-44    Sec. 19.  NRS 455B.030 is hereby amended to read as follows:

4-45    455B.030  1.  An operator shall prominently post and maintain in at

4-46  least five conspicuous locations in the amusement park, including each

4-47  entrance, exit, station for reporting an injury and first aid station, signs that:

4-48    (a) Indicate the responsibilities of operators and passengers pursuant to

4-49  [this chapter.] NRS 455B.010 to 455B.100, inclusive.

5-1    (b) Inform passengers of the location of stations for reporting accidents.

5-2    2.  An operator shall prominently post and maintain signs in simple and

5-3  concise language at or near points where passengers embark upon an

5-4  amusement ride, directing persons who are not familiar with the operation

5-5  of the ride to ask an authorized agent or employee of the operator for

5-6  assistance and instruction.

5-7    Sec. 20.  NRS 455B.100 is hereby amended to read as follows:

5-8    455B.100  [This chapter does] The provisions of NRS 455B.010 to

5-9  455B.100, inclusive, do not prohibit a county, city or unincorporated town

5-10  from adopting ordinances that regulate amusement parks which are

5-11  consistent with the provisions of [this chapter.] NRS 455B.010 to

5-12  455B.100, inclusive.

5-13    Sec. 21.  1.  This section and sections 1 to 11, inclusive, and 13 to 20,

5-14  inclusive, of this act become effective on July 1, 2001.

5-15    2.  Section 12 of this act becomes effective on the date of the repeal of

5-16  the federal law requiring each state to establish procedures for withholding,

5-17  suspending and restricting the professional, occupational and recreational

5-18  licenses for child support arrearages and for noncompliance with certain

5-19  processes relating to paternity or child support proceedings.

5-20    3.  Sections 11, 13 and 14 of this act expire by limitation on the date of

5-21  the repeal of the federal law requiring each state to establish procedures for

5-22  withholding, suspending and restricting the professional, occupational and

5-23  recreational licenses for child support arrearages and for noncompliance

5-24  with certain processes relating to paternity or child support proceedings.

 

5-25  H