Revision: May 31, 2016, midnight
\t \t\tCHAPTER 133
HB 1264 - FINAL VERSION
9Mar2016... 0640h
11May2016... 1915EBA
2016 SESSION
\t16-2246
\t08/09
HOUSE BILL\t1264
AN ACT\trelative to carnival or amusement ride inspections.
SPONSORS:\tRep. Saunderson, Merr. 9; Rep. Moffett, Merr. 9
COMMITTEE:\tCommerce and Consumer Affairs
-----------------------------------------------------------------
AMENDED ANALYSIS
\tThis bill requires carnival or amusement ride operators to make inspection forms available to the commissioner of the department of safety.
\tThis bill also makes changes to the required insurance coverage for carnival or amusement ride operators.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
9Mar2016... 0640h
11May2016... 1915EBA\t16-2246
\t08/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to carnival or amusement ride inspections.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t133:1 Definition of Carnival or Amusement Ride. Amend RSA 321-A:1, I to read as follows:
\t\tI. "Carnival or amusement ride'' means a device [which carries or conveys passengers for the purpose of giving its passengers amusement, pleasure or excitement] or combination of devices that carry, convey, or direct a person or persons over or through a fixed or restricted course or within a defined area, for the primary purpose of amusement or entertainment.
\t133:2 Definition of Fixed Base Operator. Amend RSA 321-A:1, V to read as follows:
\t\tV. "Fixed base operator'' or "fixed base owner'' means a person who owns or controls or has the duty to control the operation of an amusement ride which is either installed on or in a permanent structure or on or in trees, or affixed to steel or concrete footings, but excluding any such owner or operator regulated under RSA 225-A.
\t133:3 Inspection Forms; Fixed Rides. Amend RSA 321-A:2-a, I(a)(4) to read as follows:
\t\t\t\t(4) By the operator, daily on days of operation and prior to operation, using an inspection form developed by the [director, which form] manufacturer, or if no such form exists, one approved by the director. Completed inspection forms shall be kept by the owner of the ride for a period of 2 years and shall be made available and open to inspection and copies shall be furnished to the commissioner or his or her agents upon request.
\t133:4 Inspection Forms; Relocatable Rides. Amend RSA 321-A:2-a, I(b)(2)-(5) to read as follows:
\t\t\t\t(2) [By an agent of the commissioner not less than 90 days and not more than 120 days after the inspection required by subparagraph (1).
\t\t\t\t(3)] By the operator on each day of operation, prior to operation, using the inspection form developed by the manufacturer, or if no such form exists, one approved by the director. [director. The form shall be forwarded to the director on a weekly basis, or upon relocation of the ride, whichever occurs first.] The completed inspection forms shall be retained by the owner of the ride for a period of 2 years and shall be made available and open to inspection and copies shall be furnished to the commissioner or his or her agents upon request.
\t\t\t\t[(4)] (3) By an agent of the commissioner, if warranted, after receipt of the inspection reports.
\t\t\t\t[(5)] (4) By an agent of the commissioner at unannounced [time] times.
\t133:5 Gender Neutral Language. Amend RSA 321-A:5, II to read as follows:
\t\tII. The operator shall list by make and serial number with the commissioner each piece of carnival equipment or amusement device that [he] the operator operates which is designed to carry passengers. The commissioner shall issue, on an annual basis, an appropriate nontransferable decal for each such piece of equipment or device listed with [him] the commissioner. The operator shall place such decal in a conspicuous location on the piece of equipment or device for which it is issued. Each decal shall bear the state seal and an identifying number.
\t133:6 Insurance Requirement. Amend RSA 321-A:5, III(a) to read as follows:
\t\t\t(a) A certificate of insurance showing the operator as a named insured and confirming that insurance has been issued and is in force providing coverage for specified equipment or devices in a minimum amount of [$300,000 per person] $1,000,000 per occurrence and [$1,000,000] $2,000,000 aggregate. Such certificate shall include the provision that coverage shall remain in effect until the expiration date or if canceled by the insurer prior to the expiration date for any reason, the cancellation shall not take effect until 20 days after written notice received by the director that said certificate is being canceled and the reason or reasons for such cancellation.
\t133:7 Insurance Requirement. Amend RSA 321-A:5, IV(a) to read as follows:
\t\t\t(a) A certificate of insurance showing the operator as a named insured and confirming that insurance has been issued and is in force providing coverage for specified equipment or devices at specified locations, in a minimum amount of [$100,000 per person] $1,000,000 per occurrence and [$300,000] $2,000,000 aggregate. Such certificate shall include the provision that coverage shall remain in effect until the expiration date or if canceled by the insurer prior to the expiration date for any reason, the cancellation shall not take effect until 20 days after written notice received by the director that said certificate is being canceled and the reason or reasons for such cancellation.
\t133:8 Gender Neutral Language. Amend RSA 321-A:6 to read as follows:
\t321-A:6 Newly-Developed Rides; Altered Mechanisms. When applying for a decal for a newly-developed type of carnival or amusement ride or whenever any additions or alterations are made which change the structure, mechanism, classification or capacity of any carnival or amusement ride the operator shall file with the commissioner a notice of [his] the operator's intention and any plans or diagrams requested by the commissioner.
\t133:9 Temporary Suspension; Required Insurance. Amend RSA 321-A:7 to read as follows:
\t321-A:7 Temporary Suspension. The commissioner may order, in writing, a temporary suspension of operation of a carnival or amusement ride if it has been determined after inspection to be hazardous or unsafe, or the required insurance coverage is not in effect or has expired, or a notice of cancellation has been issued; and an agent of the commissioner may order an immediate suspension of operation of a carnival or amusement ride if [his] an inspection reveals that such ride is hazardous or unsafe, or the required insurance is not in effect or has expired, or a notice of insurance cancellation has been issued. Operation shall not resume until such conditions are corrected to the satisfaction of the commissioner or his designee.
\t133:10 Gender Neutral Language. Amend RSA 321-A:8 to read as follows:
\t321-A:8 Appeals. Any person who is aggrieved by a decision of the commissioner or his or her designee may petition the commissioner for a review of said decision within 30 days. The commissioner shall, if necessary, order a hearing to be held within 15 days of receipt of such petition. Thereafter, any person aggrieved by a decision of the commissioner or his or her designee may appeal therefrom in accordance with RSA 541.
\t133:11 Effective Date. This act shall take effect January 1, 2017.
Approved: May 27, 2016
Effective Date: January 1, 2017