HB 937 — AMUSEMENT PARKS: Provides relative to revisions of the Amusement Rides Safety Law

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HLS 26RS-1104 REENGROSSED HB NO.

937 B.

C.Page 8 of 18 CODING:

IfWordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored anare inflatableadditions. amusement device, amusement attraction, or amusement ride is in compliance pursuant to the findings of a set-up inspection and corresponding adopted rules and regulations, the third-party inspector or set-up inspectorshallaffixatagto theinflatableamusementdevice,amusementattraction, or amusement ride.

HB NO.

937 ENROLLED C.

If an inflatable amusement device, amusement attraction, or amusement ride is in compliance pursuant to the findings of a set-up inspection and corresponding adopted rules and regulations, the third-party inspector or set-up inspectorshall affix atagtotheinflatableamusementdevice,amusementattraction, or amusement ride.

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Apersonorfirmshall not test or inspectaninflatableamusementdevice, amusement attraction, or amusement ride if such person or firm is also the owner or operator of the same.

* * * Page 9 of 18 CODING:

HLS 26RS-1104 REENGROSSED HB NO.

937 C.ENROLLED §1484.11.

Apersonorfirm shall not testorinspectaninflatableamusementdevice, amusement attraction, or amusement ride if such person or firm is also the owner or operator of the same.

* * * §1484.11.

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HLS 26RS-1104 REENGROSSED HB NO.

937 B.

* * * (3)Page AnoriginalAcertificateofinsurancefromthefirm'sinsurancecompany10 documenting that the firm has general liability coverage in a minimum amount of one18 millionCODING: dollars two million dollars and lists of the office of state fire marshal as certificate holder.

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HB NO.

937 ENROLLED (3) AnoriginalAcertificateofinsurancefromthefirm'sinsurancecompany documenting that the firm has general liability coverage in a minimum amount of one million dollars and lists the office of state fire marshal as certificate holder.

* * * (2) AnoriginalAcertificateofinsurancefromthefirm'sinsurancecompany documenting that the firm has general liability coverage in a minimum amount of one two million dollars and in which all inflatable amusement devices, amusement attractions, or amusement rides subject to coverage are listed on the declarations page.

* * * Page§1484.14. 11 of 24 CODING:

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HLS 26RS-1104 REENGROSSED HB NO.

937 §1484.14.

Each individual license holder shall maintainPage his11 license on his person while engaging in any such activity and present his license for inspection upon demand of any18 employeeCODING: of the office of state fire marshal, a fire department, or anylaw enforcement officer.

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HB NO.

937 ENROLLED maintain his license on his person while engaging in any such activity and present his license for inspection upon demand of any employee of the office of state fire marshal, a fire department, or anylaw enforcement officer.

* * * (7) Conduct inspections and perform audits to ensure compliance with this Part and investigate at reasonable times, and within reasonable limits and manner, inflatable amusement devices, amusement attractions, or amusement rides in any areawheretheyareassembled,maintained,stored,serviced,orinareawheretheyareassembled,maintained,stored,serviced,orinuse. use.

* * * Page§1484.18. 12 of 24 CODING:

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HLS 26RS-1104 REENGROSSED HB NO.

937 §1484.18.

$100.00 (b) Child or "Kiddie" amusement attraction or amusement ride:$100.00$100.00 (c)Page Adult12 amusementof attraction18 orCODING: amusement ride:

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HB NO.

937 ENROLLED (c) Adult amusement attraction or amusement ride:

$100.00 (b) Child or "Kiddie" amusement attraction or amusement ride:$100.00ride$100.00 (c) Adult amusement attraction or amusement ride:

$50.00 PageRegistration 13and annual renewal of 24an CODING:amusement attraction ride:

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored(1) areChild additions.or "Kiddie" amusement attraction or amusement ride:$100.00 (2) Adult amusement attraction or amusement ride:

HLS 26RS-1104 REENGROSSED HB NO.

937 Registration and annual renewal of an amusement attraction ride:

(1) Child or "Kiddie" amusement attraction or amusement ride:

$100.00 (2) Adult amusement attraction or amusement ride:

$200.00 E.Page 13 of 18 CODING:

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HB NO.

937 ENROLLED E.

All licenses are valid for one year, unless a multi-year license is created,andshallcreated,and berenewedbythelicenseholderwithinshall thebe thirtydaysrenewedbythelicenseholderwithin priorthethirtydays topriorto the license expiration date.

The license holder shall payapay a late fee penalty offiftydollarsforalicenserenewedbetweenforty-sixandsixtydayspastthelicense expiration date After a license has expired, the individual or firm to whom the license was issued shall have fifteen days following the date of expiration to file an application for renewal of the license without the payment of a late fee.

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HLS 26RS-1104 REENGROSSED HB NO.

937 H.

TherearenoTherearenofeesassociatedwithanyinspectionsandaudits feesassociatedwithanyinspectionsandaudits performed by the office of state fire marshal, unless otherwise indicated bythis Part.

All feesfeescollectedpursuant collected pursuant to this Part shall be used exclusivelyfor the operation and maintenance of the amusement rides and safety division within the office of state fire marshal, code enforcement and buildingsafety.

§1484.19.Page 14 of 18 CODING:

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HB NO.

937 ENROLLED §1484.19.

Page(2) 15Aid and abet an unlicensed operator in the operation of 24an CODING:inflatable amusement device, amusement attraction, or amusement ride.

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored(3) areAid additions.andabetanunlicensedindividualorfirm in theinspectionortesting of an inflatable amusement device, amusement ride, or amusement attraction.

HLS 26RS-1104 REENGROSSED HB NO.

937 (2) Aid and abet an unlicensed operator in the operation of an inflatable amusement device, amusement attraction, or amusement ride.

(3) Aid and abet an unlicensedindividualorfirm in theinspectionortesting of an inflatable amusement device, amusement ride, or amusement attraction.

IfIfafteraninspection,investigation,or afteranaudit inspection,investigation,of orauditofanyinflatableanyinflatable amusement device, amusement ride, or amusement attraction, the office of state fire marshal determines that the respective device, ride, ride or attraction is in violation of any standard promulgated pursuant to the provisions of this Part, and that there may be aPage substantial15 probability of death18 orCODING: physical injuryto the public from its continued use, a notice of violation maybe given to both the owner and operator of the device, ride, or attraction, and a red tag shall be attached to the device, ride, ride or attraction.

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HB NO.

937 ENROLLED a substantial probability of death or physical injury to the public from its continued use, a notice of violation maybe given to both the owner and operatorof the device, ride, or attraction, and a red tag shall be attached to the device, ride, ride or attraction.

(1) An a general liabilityinsurance policyin an amount of not less than one million dollars two million dollars listing the state fire marshal as the certificate holderinsuringtheoperatoragainstholder liabilityforinjurysufferedbypersonsridingtheinsuring the operator against liability for injury suffered by persons riding the amusement attraction or ride.

Page(2) 16A ofbond 24in CODING:a like amount, provided the aggregate liabilityof the suretyof any such bond shall not exceed the face amount.

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HLS 26RS-1104 REENGROSSED HB NO.

937 (2) A bond in a like amount, provided the aggregate liabilityof the suretyof any such bond shall not exceed the face amount.

In addition to the foregoing provisions, the state fire marshal mayassess civil penalties attributable to the operator of an inflatable amusement device, amusementamusementride,or ride, or amusement attraction to the owner or lesseeofthelessee of the site on which the inflatable amusement device, amusement attraction, or amusement ride is located, if the owner or lessee of the site failed to reasonably determine that the operatorPage of16 the inflatable amusement device, amusement ride, or amusement attraction is in proper compliance with the requirements of this18 Part.CODING:

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HB NO.

937 ENROLLED operator of the inflatable amusement device, amusement ride, or amusement attraction is in proper compliance with the requirements of this Part.

* * * (2) An inflatable amusement device, amusement attraction, or amusement ridewhichisridewhichisownedandoperatedbyanonprofitreligious, ownedandoperatedbyanonprofitreligious,educational,orcharitableeducational,orcharitable institutionorassociationifsuchattractionorrideislocatedwithinabuildingsubject to inspection by the state fire marshal or his designee.

Local regulation Nothing contained in this Part shall prevent any local governmental subdivision of this state from licensing or regulating any inflatable amusement Pagedevice, 17amusement ofattraction, 24or CODING:amusement ride, carnival, or circus as otherwise provided by law.

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HLS 26RS-1104 REENGROSSED HB NO.

937 device, amusement attraction, or amusement ride, carnival, or circus as otherwise provided by law.

Waiver of inspection The state fire marshal may waive the requirement that an inflatable amusement device, amusement attraction, amusement ride, or any component part beinspectedbeforebeingoperatedinthisstateifanoperatorgivessatisfactoryproof to the officeof state fire marshalmarshalthatsuchdevice,theamusementattraction, thatsuchdevice,theamusementattraction,ride,ride, or any component part has passed an inspection conducted by a public agency whose inspection standards and requirements are at least equal to those requirements and standardsestablishedbythestatefiremarshalpursuanttotheprovisionsofthisPart.standardsestablishedbythestatefiremarshalpursuanttotheprovisions ofthisPart.

Rules adopted The state fire marshal shall adopt and issue rules, in accordance with the provisions of the Administrative Procedure Act, establishing standards for the installation,installationrepair, repair, maintenance, use, operation,operation,and andinspection,and inspection, and decommissioning of inflatable amusement devices, amusement attractions, and amusementPage rides17 for the protection of the18 public.CODING:

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HB NO.

937 ENROLLED amusement rides for the protection of the public.

DIGESTSPEAKER ThedigestprintedbelowwaspreparedbyHouseLegislativeOF Services.THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

ItPage constitutes18 nopart of the18 legislativeCODING: instrument.

The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent.

[R.S.

1:13(B) and 24:177(E)] HB 937 Reengrossed 2026 Regular Session LaCombe Abstract:

Provides relative to revisions of the Amusement Rides Safety Law.

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HLS 26RS-1104 REENGROSSED HB NO.

937 PresentlawprovidesthatthepurposeoftheAmusementRidesSafetyLawis to regulatethe testing, inspection, and operation of inflatable amusement devices, amusement attractions, and amusement rides, and to prohibit the use of such devices, attractions, and rides when they have not been properly registered, have not received a proper and timely certificate of inspection and have not received a set-up inspection.

Proposed law retains present law except removes all references to inflatable amusement devices and set-up inspections from the Amusement Rides SafetyLaw.

Present law provides for definitions.

Proposedlawmodifiespresentlawdefinitionstoremovereferencestoinflatableamusement devices and removes the definitions for "inflatable amusement device" and "set-up inspector".

Proposed law modifies the definition of "third-party inspector" from a person licensed by the fire marshal to test and inspect inflatable amusement devices, amusement attractions, and amusement rides to a person licensed by the office of state fire marshal to perform annual testing and inspecting of amusement attractions and amusement rides.

Presentlawrequirestheownerofaninflatableamusementdevice,amusementattraction,or amusement ride to provide for the initial registration of such device, attraction, or ride.

Presentlawfurtherrequiresaregistrationapplication,acertaincertificateofinspection,and a copyof certaingeneralliabilityinsurance to be submitted to the fire marshal.

Present law further requires the annual registration renewal of such devices, attractions, and rides.

Proposed law removes all references to inflatable amusement devices from registration requirements but otherwise retains present law.

Present law requires an owner to notify the office of state fire marshal if a plate or decal is lostordamaged.

Presentlawfurtherrequiresthatpriortoreceivinganewplateordecal,the owner shall return the damaged plate or decal to the office of state fire marshal and pay a $30 fee.

Proposed law retains present law and furtherrequiresan owner to submit an attestation that the plate was lost to the office of state fire marshal.

Present law requires certain third-party inspection of inflatable amusement devices, amusementattractions,andamusementrides.

Presentlawfurtherprohibits theoperationof suchdevice,attraction,orrideunlessarespectivecertificateofinspectionhasbeenprovided byathird-partyinspectorandacertificateofregistrationhasbeenissuedbythefiremarshal.

Present law requires a third-party inspector to provide notice, within 10 days, to the fire marshal when an inflatable amusement device, amusement attraction, or amusement ride does not comply with certain inspection requirements.

Present law further provides for the firemarshalto subsequentlyissueaceaseanddesist orderto arespectiveoperator,andsuch order shall not be lifted unless deficiencies have been remedied.

Proposed law retains present law except removes all references to the registration of an inflatable amusement device, and decreases the notification time for a third-partyinspector to report deficiencies to the fire marshal from 10 days to 5 days.

Present law requires an operator to notify the fire marshal at least five days prior to commencing the operation of an amusement attraction or amusement ride.

Present law further assesses a fine per ride or attraction if the operator notifies the fire marshal less than five days prior to commencing operation as follows:

(1) $50.00 for the first offense.

(2) $75.00 for the second offense.

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937 (3) $200.00 for the third offense.

(4) $250.00 for each additional offense thereafter.

Present law provides for a $250.00 fine per ride or attraction if the operator notifies the fire marshal of a change in date or location less than 5 days prior to operation.

Present law appliestoinflatableamusementdevices,exceptthefineforrespectivelatenoticestothefire marshal changes from $250 to $200.

Proposedlawretainspresentlawinpart,exceptchangesthefinescheduleto$50.00perride orattractionpereventforanoperatorfailingto givenoticeto thefiremarshalatleast5days in advance of either a change in location or devices or of commencement of the operation;

and $250.00 per ride or attraction per event if the operator fails to notify the fire marshal entirely.

Proposed law further removes notice requirement for inflatable amusement devices.

Present law provides for set-up inspections.

Present law requires an operator to have a set- up inspection conducted on all inflatable amusement devices, amusement attractions, and amusement rides at least once prior to their operation at each event in the state.

Present law provides for the set-up inspection to be conducted byathird-partyinspectororanemployee of the operator speciallytrained to perform a set-up inspection.

Present law provides that if an inflatable amusement device, amusement attraction, or amusement ride complies with the requirements of a set-up inspection, the third-party inspector or set-up inspector is required to affix a tag to such device, attraction, or ride.

Present law furtherprovides that if such device, attraction, or ride is not in compliance with the requirements of a set-up inspection, the third-party inspector is required to cease operationofsuchdevice,attraction,orrideandprovidenoticetothefiremarshalwithintwo hours of the determination of noncompliance, and tag it accordingly.

Proposed law requires an operator to have a set-up inspection conducted by the office of state fire marshal on amusement attractions and amusement rides at least once prior to their operation at each event.

Proposed law removes the ability for third-party inspectors to conduct set-up inspections and removes tagging requirements for rides and attractions.

Present law prohibits a person or firm from engaging in the testing and inspection or operation of an inflatable amusement device, amusement attraction, or amusement ride unless the person or firm holds a current or valid license as provided in present law.

Present law prohibits a person or firm from aiding, abetting, facilitating, or otherwise assisting any unlicensed person or firm in the engagement of testing and inspecting or operatingwhensuchpersonorfirmkneworshouldhaveknownthelatterpersonorfirmwas unlicensed.

Present law authorizes the fire marshal to adopt administrative rules allowing the owner of an inflatable amusement device, amusement attraction, or amusement ride, or an employee oftheownertoperformminorserviceandrepairsofsuchdevice,attraction,orride.

Present law requires the owner to document such service or repair and assume responsibilityfor all such service or repair.

Proposedlawretainspresentlawexceptthatitremovesallreferencetoinflatableamusement devices.

Present law requires a firm or operator applying for a firm license to obtain a license and endorsement to test and inspect or operate an inflatable amusement device, amusement attraction,oramusementride.

Furtherrequiresanapplicantforathird-partyinspectionfirm license or an operating firm license to submit a complete application including the names of certain persons, documentation that the firm is an entity duly authorized to conduct Page 20 of 24 CODING:

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HLS 26RS-1104 REENGROSSED HB NO.

937 business within this state, certain documentation issued bythe secretaryof state if the firm is incorporated, regardless of whether such firm is physically located in the state, certain insurance information, and the payment of the required application fee.

Further provides insurance documenting general liability coverage in a minimum amount of $1,000,000.00.

Proposed law retains present law except that it increases the minimum amount of general liability from $1,000,000.00 to $2,000,000.00 and removes any reference to inflatable amusement devices.

Present law provides the fire marshal with powers and duties, including to conduct inspections, perform audits, and investigate accidents related to inflatable amusement devices, amusement attractions, or amusement rides.

Proposed law retains present law except it removes references to inflatable amusement devices.

Present law requires the attainment of a license and respective endorsement to perform the set-up inspection of an inflatable amusement device, amusement attraction, or amusement ride.

Authorizes employees of the owners or operators of such a device, attraction, or ride to become licensed to perform the set-up inspection.

Proposed law removes license endorsement for set-up inspection.

Present law authorizes the fire marshal to assess and collect certain fees.

Fees for the registration of eachinflatable amusement device, amusement attraction, or amusement ride are as follows:

(1) Initial Registration Fee:

(a) Inflatable amusement device:

$100.00 (b) Child or "Kiddie" amusement attraction or amusement ride:

$100.00 (c) Adult amusement attraction or amusement ride:

$200.00 (2) Annual Renewal Fee:

(a) Inflatable amusement device:

$100.00 (b) Child or "Kiddie" amusement attraction or amusement ride:

$100.00 (c) Adult amusement attraction or amusement ride:

$200.00 Present law provides for firm license fees as follows:

(1) Initial Fee:

(a) Inspection endorsement:

$500.00 (b) Operation endorsement:

$500.00 (2) Renewal Fee:

(a) Inspection endorsement:

$100.00 (b) Operation endorsement:

$100.00 Page 21 of 24 CODING:

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HLS 26RS-1104 REENGROSSED HB NO.

937 Present law provides licensing fees for an individual's license as follows:

(1) Initial Fee:

(a) Third-party inspector endorsement:

$250.00 (b) Operator or Owner endorsement:

$250.00 (c) Set-up inspector endorsement:

$250.00 (d) Qualifier endorsement:

$1,000.00 (2) Renewal Fee:

(a) Third-Party inspector endorsement:

$50.00 (b) Operator or Owner endorsement:

$50.00 (c) Setup inspector endorsement:

$50.00 (d) Qualifier endorsement:

$100.00 Proposed law removes the authority of the fire marshal to assess and collect fees and removes all fees provided in present law except as follows:

(1) Registration and annual renewal of an amusement attraction ride:

(a) Child or "Kiddie" amusement attraction or amusement ride:

$100.00 (b) Adult amusement attraction or amusement ride:

$200.00 (2) Third-party inspection or owner operator firm:

(a) Initial Fee:

$500.00 (b) Renewal Fee:

$250.00 (3) Individual third-party or owner operator:

(a) Initial Fee:

$350.00 (b) Renewal:

$200.00 Present law provides that licenses are valid for one year, unless a multi-year license is created.

Requires a license to be renewed bythe license holder within the 30 days prior to the license expiration date.

Authorizes the fire marshal to create a prorated fee system to allow employee license renewal dates to coincide with the firm license renewal date.

Proposed law retains present law except that it removes the requirement of a license to be renewed within 30 days prior to the license expiration date.

Presentlawprovidesthatalicensenotrenewedwithinthe30dayspriortoitsexpirationdate is past due for renewal and subject to late fees.

Requires the license holder to paya late fee penalty of $25.00 for a license renewed within the first 45 days past the license expiration date.

Requires the license holder to pay a late fee penalty of $50.00 for a license renewed between 46 and 60 days past the license expiration date.

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HLS 26RS-1104 REENGROSSED HB NO.

937 Proposed law requires the individual or firm to file an application for renewal of a license withoutpaymentofalatefee,afteralicensehasexpired.

Providesthatalatefeeof$125.00 shall be charged to anyperson who makes application for renewal of a license after 15 days following expiration.

Present law provides for the fire marshal's suspension of a license if the license is not renewed within 60 days past its expiration date or if the license holder has not maintained the license.

Proposed law removes the authority of the fire marshal to suspend a license.

Present law provides a $20.00 fee for a duplicate or replacement firm or individual license, regardless of how many endorsements are carried.

Present law further provides a cost of $20.00 to transfer an individual license from one firm to another.

Proposed law increases the fee for a duplicate or replacement license and to transfer an individual license from one firm to another from $20.00 to $25.00.

Presentlawprohibitsaperson,firm,operator,third-partyinspector,orset-upinspectorfrom engaging in certain acts.

Proposed law retains present law except that it removes referencesto inflatable amusement devices.

Present law provides certain procedures for if an inspection of an inflatable amusement device, amusement ride, or amusement attraction finds that device in violation of standards in present law.

Proposed law retains present law except that it removes reference to inflatable amusement devices.

Presentlawrequirescertaininsuranceorabond.

Presentlawfurtherprohibitsapersonfrom operating an amusement attraction or amusement ride unless the person has either a policy of insurance in an amount of not less than $1,000,000.00 that provides certain coverage against the operator's liability for injury suffered by persons, or a bond in the amount of $1,000,000.00,providedtheaggregateliabilityofthesuretydoesnotexceedthefaceamount of the bond.

Proposed law changes the policy limit required from $1,000,000.00 to $2,000,000.00 and removes the ability to provide a bond in a like amount.

Present law requires the operator of an inflatable amusement device to have not less than $300,000.00 of liability insurance or a bond in a like amount.

Proposed law removes the insurance or bond requirement for the operation of inflatable amusement devices.

Present law provides exemptions for certain inflatable amusement devices, amusement attractions, or amusement rides from present law.

Proposed law removes references to inflatable amusement devices but otherwise retains present law.

Present law authorizes the state fire marshal to waive the requirement for an inflatable amusement device,anamusementattraction,amusementride,oranyrespectivecomponent part to be inspected prior to operation in this state or respective component part has passed an inspection conducted by a public agency whose inspection standards and requirements are at least equal to the requirements and standards established in present law.

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HLS 26RS-1104 REENGROSSED HB NO.

937 Presentlawrequiresthestatefiremarshaltoadoptandissuerules,establishingstandardsfor theinstallation,repair,maintenance,use,operation,andinspectionofinflatableamusement devices, amusement attractions, and amusement rides for the protection of the public.

Proposed law retains present law except that it removes reference to inflatable amusement devices and further adds a requirement for the state fire marshal to adopt and issue rules for the decommissioning of amusement attractions and amusement rides for the protection of the public.

(AmendsR.S.40:1484.2(A),1484.3(6),(7),(8),and(14)through(25),1484.4(A),(B)(intro.

para.) and (3), (C)(1), and (D), 1484.5(A), (B)(1) and (3), 1484.6(B) through (E), 1484.8, 1484.9, 1484.11, 1484.13(A), (B)(3) through (7), (C)(2) and (3), 1484.14(A) and (D), 1484.16(7) and (10), 1484.18, 1484.19(1) through (3), 1484.20(1) through (4), 1484.22, 1484.23(A) and (B), 1484.24(C), 1484.25(intro.

para.) and (2), 1484.26, 1484.27, and 1484.28;

Repeals R.S.40:1484.3(26) and (27), 1484.6(F), 1484.7, 1484.13(B)(8), 1484.15, 1484.21, and 1484.23(E)) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Commerce to the original bill:

1.

Make technical changes.

The House Floor Amendments to the engrossed bill:

1.

Make technical changes.

2.

Amend the requirement of operators to notifythe fire marshal at least 5 days in advance of the commencement of operations or of any change in location or devices from $250.00 per ride or attraction per event to $50.00 per ride or attraction per event, or $250.00 if no notice whatsoever is given to the fire marshal.

3.

Remove fees for set-up inspections at event sites.

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