Amendment vs bill Amendment 39D9VE-1 vs Enrolled

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HB352 ENROLLED CYILWW-3 By Representative Baker RFD:
39D9VE-1 04/17/2023 THR (L) lg 2023-1592 House Public Safety and Homeland Security Reported Substitute for HB352 2 4 A BILL TO BE ENTITLED AN ACT 9 Relating to amusement rides and water slides;
Public Safety and Homeland Security First Read:
20-Apr-23 2023 Regular Session Page 0 HB352 Enrolled Enrolled, An Act, 3 Relating to amusement rides and water slides;
A device or combination of devices or elements that carry, convey, or direct an individual over or through a fixed or restricted course or within a defined area for the primary purpose of amusement or entertainment, including, but not limited to, amusement railway rides, circular rides, concession go karts, flat rides, high rides, inflatable amusement devices, and kiddie rides as defined in ASTM F747-22.
A device or combination of devices or elements that carry, convey, or direct an individual over or through a fixed or restricted course or within a defined Page 1 House Public Safety and Homeland Security Reported Substitute for HB352 area for the primary purpose of amusement or entertainment, including, but not limited to, amusement railway rides, circular rides, concession go karts, flat rides, high rides, inflatable amusement devices, and kiddie rides as defined in ASTM F747-22.
Amusement rides shall not include aerial trekking courses, canopy tours, challenge courses, fun karts, Page 1 HB352 Enrolled race karts, ropes courses, trampoline courts, or zip lines as defined in ASTM F747-22.
Amusement rides shall not include aerial trekking courses, canopy tours, challenge courses, fun karts, race karts, ropes courses, trampoline courts, or zip lines as defined in ASTM F747-22.
The term does not include mobile devices that are offered for rent or sale to the general public.
(6) OWNER.
Page 2 House Public Safety and Homeland Security Reported Substitute for HB352 (6) OWNER.
A professional engineer or inspector who is not employed by the owner and holds at a Page 2 HB352 Enrolled minimum a level 1 inspector certification from Amusement Industry Manufacturers and Suppliers International (AIMS International) or the National Association of Amusement Ride Safety Officials.
A professional engineer or inspector who is not employed by the owner and holds at a minimum a level 1 maintenance certification from Amusement Industry Manufacturers and Suppliers International (AIMS International) or the National Association of Amusement Ride Safety Officials.
(b) Upon completion of a satisfactory inspection, a qualified inspector shall issue an inspection certificate to the owner of the amusement ride or water slide certifying that, in the qualified inspector's reasonable judgment, the amusement ride or water slide substantially complies with all statutorily required ASTM standards and is reasonably safe for public use.
(b) Upon completion of a satisfactory inspection, a qualified inspector shall issue an inspection certificate to Page 3 House Public Safety and Homeland Security Reported Substitute for HB352 the owner of the amusement ride or water slide certifying that, in the qualified inspector's reasonable judgment, the amusement ride or water slide substantially complies with all statutorily required ASTM standards and is reasonably safe for public use.
Page 3 HB352 Enrolled (c) No patron may be admitted to an amusement ride or water slide that has undergone a major modification until the amusement ride or water slide receives a new inspection certificate from a qualified inspector.
(c) No patron may be admitted to an amusement ride or water slide that has undergone a major modification until the amusement ride or water slide receives a new inspection certificate from a qualified inspector.
(d)(1) No amusement ride or water slide may be operated for the public if the amusement ride or water slide has not received an inspection certificate from a qualified inspector.
(d)(1) No amusement ride or water slide may be operated 95 for the public if the amusement ride or water slide has not received an inspection certificate from a qualified inspector.
(2) If, using his or her reasonable judgment, a qualified inspector determines that an amusement ride or water slide is not reasonably safe for public use, the qualified 95 inspector shall immediately notify the amusement ride or water slide's owner of any unsafe condition.
(2) If, using his or her reasonable judgment, a qualified inspector determines that an amusement ride or water slide is not reasonably safe for public use, the qualified inspector shall immediately notify the amusement ride or water slide's owner of any unsafe condition.
(f) In addition to the inspections by qualified inspectors required by this act, the owner of an amusement ride shall ensure that, at minimum, a daily pre-opening inspection is conducted on each amusement ride and water slide in accordance with the pre-opening inspection requirements of ASTM F770-22, ASTM F1193-22 Section 6, or ASTM F2376-22.
(f) In addition to the inspections by qualified inspectors required by this act, the owner of an amusement ride shall ensure that, at minimum, a daily pre-opening inspection is conducted on each amusement ride and water slide Page 4 House Public Safety and Homeland Security Reported Substitute for HB352 in accordance with the pre-opening inspection requirements of ASTM F770-22, ASTM F1193-22 Section 6, or ASTM F2376-22.
Page 4 HB352 Enrolled Section 4.
Section 4.
An owner of an amusement ride or water slide shall maintain, at all times during which the amusement ride or water slide is in operation for the public, liability insurance with an insurer authorized or approved to write such insurance in this state on the operation of the amusement ride or water slide providing coverage, subject to a limit, exclusive of interest and costs, of not less than one million dollars ($1,000,000) for bodily injury or death of one individual in each occurrence, and, subject to such limit for one individual, to a limit of not less than one million dollars ($1,000,000) for bodily injury or death of two or more individuals in each occurrence.
An owner of an amusement ride or water slide shall maintain, at all times during which the amusement ride or water slide is in operation for the public, liability insurance with an insurer authorized or approved to write such insurance in this state on the operation of the amusement ride or water slide providing coverage, subject to a limit, exclusive of interest and costs, of not less than five hundred thousand dollars ($500,000) one million dollars ($1,000,000) for bodily injury or death of one individual in each occurrence, and, subject to such limit for one individual, to a limit of not less than one million dollars ($1,000,000) for bodily injury or death of two or more individuals in each occurrence.
(b) Patrons of an amusement ride or water slide may not do any of the following:
(b) Patrons of an amusement ride or water slide may not Page 5 House Public Safety and Homeland Security Reported Substitute for HB352 do any of the following:
Page 5 HB352 Enrolled (4) Disconnect or disable a safety device, except at the express instruction of an operator.
(4) Disconnect or disable a safety device, except at the express instruction of an operator.
This act shall not apply to sheriffs, recreational vehicle parks, as defined in Section 35-15-30, Code of Alabama 1975, governmental entities, or summer camps.
This act shall not apply to sheriffs, recreational vehicle parks, as defined in Section 35-15-30, Code of Alabama 1975, governmental entities, as defined in Section 41-1-41, Code of Alabama 1975, or summer camps.
For the purposes of this act, "summer camps" include facilities providing lodging, meals, and educational and recreational opportunities, primarily for the benefit of children, students, and nonprofit organizations, and not members of the general public.
For the purposes of this act, "summer camps" include facilities Page 6 House Public Safety and Homeland Security Reported Substitute for HB352 providing lodging, meals, and educational and recreational opportunities, primarily for the benefit of children, students, and nonprofit organizations, and not members of the general public.
For purposes of this act, "governmental entities" shall mean the state or any political subdivision thereof, or any department, agency, board, commission, or authority of the state, or any such political Page 6 HB352 Enrolled subdivision, or any public corporation, authority, agency, board, commission, state colleges, or universities, or other governmental entity controlled by the state or any such political subdivisions.
This definition shall be inclusive of both the singular and plural form of this term.
Page 7 HB352 Enrolled ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 02-May-23, as amended.
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John Treadwell Clerk Senate 16-May-23 Passed Page 8