AB 198 — Establishes provisions relating to certain inflatable devices. (BDR 52-49)

(ReprintedAssembly withBill amendmentsNo. adopted on April 21, 2025) FIRST REPRINT A.B.

198198–Assemblymember ABrown-May SSEMBLYCHAPTER.......... BILL NO .

198–ASSEMBLYMEMBER BROWN -M AY PREFILED FEBRUARY 3, 2025 ____________ Referred to Committee on Commerce and Labor SUMMARY—Establishes provisions relating to certain inflatable devices.

(BDR 52-49) FISCAL NOTE:

Effect on Local Government:

Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

LegislativeLegiSections Counsel’s2-12 Digest:of this bill set forth certain requirements and restrictions concerning inflatable devices and certain businesses that operate such devices.

concerning inflatable devices and certain businesses that operate such devices.

and (2) is intended for use by a person to bounce, play, slide, climb or otherwise interact for outdoor recreation,recreation; including a constant air inflatable bounce house, inflatable waterslide or entity which is engaged in the business of making inflatable devices available for use in this State and which employs, controls, directs or hires as an independent contractor an operator to act on behalf of the business entity.

and (3) includes a constant air inflatable bounce house, inflatable water business entity which is engaged in the business of making inflatable devicesan a available for use in this State and which employs, controls, directs or hires as an independent contractor an operator to act on behalf of the business entity.

Section 6 prohibits a person from engaging in the business of an operator business unless the person:

-than *AB198_R1*$1,000,000.ined – 2 – and (2) has obtained certain insurance or a surety bond in an amount of not less thanSection $1,000,000.7 requires an operator business to keep a logbook for any inflatable device that is made available for use by the operator business, which must be kept with the inflatable device and made available for inspection at the request of certain persons and any state or local agency.

SectionSections 7 requiresand 8 require an operatoroperator, businessbefore toand keepduring aeach logbookuse forof anyan inflatable devicedevice, thatto isconduct madecertain availableinspections forof usethe bydevice and the operatorarea business,in which mustit will be keptused withand theto inflatablerecord device and maderetain available for inspectionnot atless than 2 years the requestresults of those inspections and certain duringother eachinformation usein ofthe inflatable device if an inflatableinspection device,reveals toor conductwould certainhave inspectionsrevealed a hazard or potential hazard that would make use of the inflatable device andunsafe theaccording areato inthe whichrequirements itof willthis bebill usedor andthe torequirements recordor andrecommendations retaincontained forin notany lessuser thanmanual 2provided yearsby the resultsmanufacturer of thosethe inspectionsinflatable anddevice, certainany otherupdate to such a user manual and any information inrelating to a recall of the logbook.inflatable device.

Section 89 prohibits an operator from allowing anya person to use thean inflatable device if anany inspectionlabel revealsattached orby wouldthe havemanufacturer revealedof athe hazarddevice oris potentialmissing hazardor thatan wouldinflatable makedevice useif ofany thesuch inflatablelabel deviceis unsafe,missing accordingor toillegible theif requirementsany ofuser thismanualring billprovided orby the requirementsmanufacturer, orany recommendationsupdate containedto insuch anya user manual manual and any information relating to a recall of the inflatable device.device is not provided to the - 83rd Session (2025) – 2 – purchaser or transferee.

Section 9 prohibits an operator from allowing a person to use an inflatable device if any label attached by the manufacturer of the device is missing.

Section 9 also prohibits an operator business from selling or transferring an inflatable device if any such label is missing or if any user manual provided by the manufacturer, any update to such a user manual and any information relating to a recall of the inflatable device is not provided to the seller or transferee.

(1) monitor wind speed at any location where an inflatable device will be used at all times while the device the recommendation of the manufacturer or 15 miles per hour, whichever is ingreater.eds use;Section 11 prescribes certain requirements for anchoring the inflatable device to the ground.

andSection (2)12 ceaserequires operationan ofoperator theto inflatabledisplay devicea ifsign thecontaining windilecertain speedinformation exceedsat theall recommendationtimes ofduring the manufactureruse orof 15an milesinflatable perdevice. hour, whichever is greater.

Section 1113.5 prescribesof certainthis requirementsbill forauthorizes anchoringa thecounty, inflatablecity deviceor town to enact an ordinance to those set forth in this bill and which provides for the ground.imposition of criminal or civil penalties, or both, for violations of those requirements and restrictions.

SectionEXPLANATION 13.5– ofMatter this bill authorizes a county, city or town to enact an ordinance which establishes requirements and restrictions which are the same as or in additionbolded civilitalics penalties,is ornew; both, for violations of those requirements and restrictions.l or Whereas, Lizzy Hammond, a seventh-generation Nevadan, was born in Reno, Nevada, on November 2, 2009;

andmatter Whereas,between Lizzybrackets Hammond[omitted lostmaterial] heris lifematerial onto Julybe 14,omitted. 2019, in Reno, Nevada, when an inflatable device in which she was playing unexpectedly took flight in a gust of wind;

andW Whereas,HEREAS , Lizzy HammondHammond, donateda herseventh-generation organsNevadan, towas helpborn protectin theReno, livesNevada, ofon others;November 2, 2009;

and Whereas,W TheHEREAS Legislature, intendsLizzy toHammond betterlost protecther thelife publicon safetyJuly by14, imposing2019, requirementsin andReno, restrictionsNevada, concerningwhen thean operationinflatable ofdevice inflatablein deviceswhich andshe thewas businessesplaying thatunexpectedly operatetook suchflight devices;in a gust of wind;

and W HEREAS , Lizzy Hammond donated her organs to help protect the lives of others;

and W HEREAS , The Legislature intends to better protect the public safety by imposing requirements and restrictions concerning the operation of inflatable devices and the businesses that operate such devices;

- *AB198_R1* – 3 – Sec.

- 83rd Session (2025) – 3 – Sec.

Sec.including, without limitation, a sole proprietorship, that:

5.

“Operator business” means a business entity, including, without limitation, a sole proprietorship that:

An operator shall record and retain for not less than 2 years the results of each inspection conducted pursuant to sectionssection 8 to 11, inclusive, of this act in the logbook.

If an operator or operator business temporarily or permanently discontinues the operation or use of an inflatable device for any of the reasons described in sections 8 to 11,11,le inclusive, of this act, or described in any user manual provided by the manufacturer of the inflatable device, the operator shall record that information in the logbook.

- *AB198_R1* – 4 – Sec.

- 83rd Session (2025) – 4 – 2.

The operator shall not allow any person to use the inflatable device if the inspection reveals, or if a reasonable inspection would have revealed, a hazard or potential hazard that would make use of the inflatable device unsafe,unsafe according to the requirements of section 9, 10 or 11 of this act or the requirements or recommendations described in paragraph (b) of subsection 1.1.ments Sec.

Sec.