44th legislature - STATE OF NEW MEXICO - first session, 1999
RELATING TO TRADE PRACTICES AND REGULATION; REQUIRING INSURANCE COVERAGE FOR KIDDIE RIDE OWNERS OR OPERATORS; REQUIRING INSPECTION AND LICENSURE OF KIDDIE RIDES; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 57-25-1 NMSA 1978 (being Laws 1993, Chapter 284, Section 1) is amended to read:
"57-25-1. SHORT TITLE.--[This act] Chapter 57, Article
25 NMSA 1978 may be cited as the "Carnival Ride Safety and
Insurance Act"."
Section 2. Section 57-25-2 NMSA 1978 (being Laws 1993, Chapter 284, Section 2, as amended) is amended to read:
"57-25-2. DEFINITIONS.--As used in the Carnival Ride Safety and Insurance Act:
A. "carnival ride" means any mechanical device,
air or inflatable device, amusement device, aquatic device or
combination of devices that carries or conveys passengers on,
along, around, through or over a fixed or restricted route or
course or within a defined area for the purpose of giving its
passengers amusement, pleasure, thrills or excitement,
including bungee jumping facilities and state fair rides, but
does not include playground equipment, [a single-passenger,
coin-operated device secured by a stationary foundation or a
small promotional event or operation consisting of fewer than
six kiddie rides designed for children twelve years of age or
younger, including merry-go-rounds] a kiddie ride, a ski lift,
or a coin-operated device meant for use by children below
eight years of age that is permanently affixed at a retail
commercial business;
B. "department" means the regulation and licensing department;
C. "inspection" means a physical examination of a carnival ride or kiddie ride by an inspector of the regulation and licensing department prior to issuing a certificate of inspection, including reinspection to verify a correction of any deficiency noted by the inspector;
D. "kiddie ride" means any mechanical device, air or inflatable device, amusement device, aquatic device or combination of devices that carries or conveys passengers on, along, around, through or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, thrills or excitement and that is designed for children forty-two inches in height or smaller;
E. "local jurisdiction" means a county or municipality in which a carnival ride or kiddie ride is operating;
[D.] F. "operator" means a person actually engaged
in or directly controlling the operation of a carnival ride or
kiddie ride, including a person who contracts with an owner to
operate a carnival ride or kiddie ride ; and
[E.] G. "owner" means a person, including the
state or any political subdivision of the state, who owns or
leases a carnival ride or kiddie ride."
Section 3. Section 57-25-3 NMSA 1978 (being Laws 1993, Chapter 284, Section 3, as amended) is amended to read:
"57-25-3. LIABILITY INSURANCE REQUIRED--CERTIFICATE OF INSPECTION REQUIRED--CARNIVAL RIDE INSURANCE FUND CREATED.--
A. No person shall operate a carnival ride without a policy of liability insurance in an amount not less than three million dollars ($3,000,000) against liability for injury to persons arising out of the operation of the carnival ride.
B. No person shall operate a kiddie ride without a policy of liability insurance in an amount not less than one million dollars ($1,000,000) against liability for injury to persons arising out of the operation of the kiddie ride.
[B.] C. Either a copy of the policy furnished to
the insured or a certificate stating that the insurance
required by this section is in effect shall be filed with the
department and [a] the local [government entity] jurisdiction.
The owner or operator shall provide a copy of an amended
insurance policy to the department within five working days of
effecting the amendment.
[C.] D. The policy shall contain a schedule
listing by name and serial number of each carnival ride or
kiddie ride insured by the policy. In the event of additions
or deletions of carnival rides or kiddie rides during the
policy terms, such changes shall be shown on a change
endorsement, a copy of which shall be submitted to the
department and the local [government entity] jurisdiction.
[D.] E. In the event of policy cancellation or
expiration by either the insured owner or operator or the
insurance company, the insured shall furnish notice of the
cancellation to the department and the local [government
entity] jurisdiction not later than ten days prior to
cancellation.
[E.] F. No person or owner or operator of a
carnival ride or kiddie ride shall operate any carnival ride
or kiddie ride without obtaining a certificate of inspection
for each ride by an inspector of the department or its
designee and filing the certificate of inspection with the
local [government] jurisdiction. The owner or operator shall
annually have each carnival ride or kiddie ride inspected and
annually file the certificate of inspection. The certificate
of inspection shall state that the carnival ride operator or
owner or kiddie ride operator or owner has had the rides
independently inspected by a national amusement ride safety
official class 1, 2 or 3 inspector within the previous twelve
months of the operation of the ride within the state and
whether any deficiencies noted by the [engineer] inspector
have been corrected. The department may not certify a
carnival ride or kiddie ride for which the inspector has noted
a deficiency until the deficiency is corrected and
reinspected. In addition, the owner or operator of the ride
shall inspect the ride each day the ride is operated before
any member of the public is permitted to board the ride. The
owner or operator shall keep a current log of such
inspections, which shall be available for review by local
enforcement officials during operating hours.
[F.] G. The insured shall pay a [fifty dollar
($50.00)] seventy-five-dollar ($75.00) per carnival ride or
kiddie ride per inspection filing fee with the department.
[G.] H. The "carnival ride insurance fund" is
created in the state treasury. The fund shall consist of all
filing fees received by the department pursuant to the
Carnival Ride Safety and Insurance Act. Money in the carnival
ride insurance fund is appropriated to the department for the
purpose of carrying out the provisions of the Carnival Ride
Safety and Insurance Act. [The fund shall not be expended for
any purpose other than carrying out the provisions of the
Carnival Ride Insurance Act] Disbursement of the fund shall be
made upon a warrant drawn by the secretary of finance and
administration pursuant to vouchers signed by the
superintendent of regulation and licensing. Balances in the
fund at the end of any fiscal year shall not revert to the
general fund."
Section 4. Section 57-25-4 NMSA 1978 (being Laws 1993, Chapter 284, Section 4) is amended to read:
"57-25-4. PENALTY.--
A. The department or its authorized representative
may issue a written order for the temporary cessation of
operation of a carnival ride or kiddie ride if it has been
determined that the owner or operator [has not acquired a
policy of insurance or has not maintained inspections of his
carnival rides] is not in compliance with the Carnival Ride
Safety and Insurance Act. The operation of the ride shall not
resume until the [requisite insurance is in effect,
inspections have been made and the requisite certificates have
been filed with the department and the local government
entity] owner or operator complies with all provisions of the
Carnival Ride Safety and Insurance Act and rules adopted
pursuant to that act.
B. The department may appear in its own name in
the district court of Santa Fe county or any other county
having jurisdiction to prevent violations or to enforce the
provisions of the Carnival Ride Safety and Insurance Act, the
orders, rules and regulations, codes and minimum standards
made pursuant to [this] that act by injunction, mandamus or
any other proper legal proceeding without bond, including an
order not to move the carnival ride or kiddie ride.
C. The local law enforcement agency shall have the
authority to [enforce the provisions of the Carnival Ride
Insurance Act] prohibit the operation of a carnival ride or
kiddie ride that does not display a decal. Any person who
[does not maintain liability insurance on a carnival ride,
operates a carnival ride or authorizes the operation of a
carnival ride that does not have insurance, does not annually
have his carnival rides inspected or does not file the proper
certificates as set forth in the Carnival Ride Insurance Act]
is found to be in violation of any provision of or rule
adopted pursuant to the Carnival Ride Safety and Insurance Act
is guilty of a misdemeanor, and upon conviction the court
shall impose a fine of up to one thousand dollars ($1,000) a
day for the operation of each ride.
D. The department may revoke or suspend the certification for a carnival ride or kiddie ride operated in violation of the Carnival Ride Safety and Insurance Act."
Section 5. Section 57-25-5 NMSA 1978 (being Laws 1993, Chapter 284, Section 5) is amended to read:
"57-25-5. LIABILITY--LIMITATIONS.--No provision of the Carnival Ride Safety and Insurance Act shall be construed to place any liability on the state or on the department with respect to any claim by any person, firm or corporation relating to a carnival ride or to any injury or damages arising from a carnival ride or kiddie ride."
Section 6. Section 57-25-6 NMSA 1978 (being Laws 1993, Chapter 284, Section 6) is amended to read:
"57-25-6. EXEMPTIONS.--The provisions of the Carnival Ride Safety and Insurance Act shall not apply to nonprofit organizations that own and operate a carnival ride or kiddie ride ten days or less each year."
Section 7. A new section of the Carnival Ride Safety and Insurance Act is enacted to read:
"[NEW MATERIAL] DECAL REQUIRED--LOCAL JURISDICTION LAW ENFORCEMENT.--
A. The department shall annually issue a decal of certification for each carnival ride or kiddie ride certified by the department. No carnival ride or kiddie ride may be operated without the current decal posted conspicuously on the ride. The department shall revoke or suspend the certification of all carnival rides or kiddie rides operated by the owner or operator of a carnival ride or kiddie ride on which a decal has been falsely placed. Decals shall include:
(1) the name of the carnival ride or kiddie ride;
(2) the serial number of the carnival ride or kiddie ride;
(3) the date of the inspection of the carnival ride or kiddie ride;
(4) the date of certification; and
(5) the telephone number of the department.
B. A law enforcement officer employed by local jurisdiction may inspect a carnival ride or kiddie ride and order the closure of any ride operating without a decal. The local jurisdiction shall immediately notify the department of the closure of the carnival ride or kiddie ride. Upon receiving the notification from a local law enforcement office, the department shall conduct a review of the certification of the carnival ride or kiddie ride.
C. A carnival ride or kiddie ride owner or operator shall provide conspicuous notification at the entrance of a carnival ride or kiddie ride operation that the Carnival Ride Safety and Insurance Act requires certification of carnival rides and kiddie rides, and certified carnival rides and kiddie rides have a decal of certification conspicuously posted.
D. The department shall adopt rules to carry out the provisions of the Carnival Ride Safety and Insurance Act."
Section 8. DELAYED REPEAL.--The Carnival Ride Safety and Insurance Act is repealed effective July 1, 2004.