Kentucky HB 56: AN ACT relating to programs administered by the Department of Agriculture.

Bill Text

CHAPTER 23
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1
CHAPTER 23
( HB 56 )
AN ACT relating to programs administered by the Department of Agriculture.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Section 1. KRS 247.234 is amended to read as follows:
(1) Every owner of an amusement ride or attraction business shall register the business with the department
annually.
(2) The business registration required by subsection (1) of this section shall be valid until December 31 of the
calendar year in which the registration is filed and shall be issued upon payment of a registration fee, in
accordance with administrative regulations promulgated by the department.
(3) (a) No amusement ride or attraction shall be operated in this state without a permit issued by the
department to the owner of the amusement ride or attraction. The permit shall be kept on site during the
operation of the amusement ride or attraction and viewable upon request.
(b) A permit shall be issued to each owner to operate the permitted amusement ride or attraction in this
state. A permit fee, which shall be determined by administrative regulations promulgated by the
department, shall be levied for each amusement ride or attraction permit issued.
(c) The registrant shall furnish proof of liability insurance in effect on the operation of each amusement
ride or attraction providing coverage, with an insurer authorized to issue a policy in this state, in the
amount of not less than one million dollars ($1,000,000) due to all bodily injuries or deaths per
occurrence, or in lieu thereof, if the applicant's amusement ride or amusement attraction is one that is
permanently located or erected on a site in this state, the applicant shall be required only to provide
proof of financial responsibility in the sum of one million dollars ($1,000,000). Every registrant and
insurance carrier of these policies shall notify the department at least thirty (30) days prior to
cancellation of a policy for mobile amusement rides or attractions and at least ten (10) days prior to
cancellation of a policy for permanent amusement rides or attractions.
(d) In addition to proof of adequate insurance coverage, the applicant shall furnish any other information
the department may require, including but not limited to written notice of each intended operating site
that will be open to the general public to be received by the department at least fourteen (14) days prior
to operation at that site. In cases of emergency, notice of a change in future plans may be given to the
department by telephone.
(e) The department shall require an annual inspection of each amusement ride or attraction before it may
be operated in this state. Inspections performed by department employees shall be subject to a fee based
on the complexity of the amusement ride or attraction and shall not be less than ten dollars ($10) or
more than five hundred dollars ($500). The cost of all inspections performed by department employees
shall be paid by the owner of the amusement ride or attraction and shall[may] be prepaid[, but shall be
paid no later than the day of the inspection]. The department shall designate persons qualified by
education or experience, who are capable of determining amusement safety in accordance with
administrative regulations promulgated under KRS 247.232 to 247.236, as amusement safety
inspectors. Any person who is not an employee of the department and who is designated as an
amusement safety inspector shall register with the department and pay an annual registration fee, which
shall be determined by administrative regulations promulgated by the department.
(f) A Kentucky inspection tag[permit seal] shall be affixed to every individual amusement ride or
attraction, or other location as determined by the department, before it may be operated in this state. A
Kentucky inspection tag shall be valid for one (1) year from the date it was issued.
(4) (a) In addition to the inspection required in subsection (3)(e) of this section, the department may inspect
amusement rides and attractions without notice at any time while operating in this state. There shall not
be any charge for additional inspections in which safety violations are not found. In regard to situations
in which safety violations are found, the department may charge an inspection fee not to exceed five
hundred dollars ($500) for any future inspection necessary. The corrections of these safety violations

ACTS OF THE GENERAL ASSEMBLY 2
shall comply with accepted standards of safety, and shall be accomplished prior to operating the
equipment in this state.
(b) In regard to situations in which safety violations are found that cannot be corrected immediately, the
amusement ride or attraction shall cease to operate in this state by order of the amusement safety
inspector.[ In addition, the amusement safety inspector shall conspicuously post a public notice on or
near the amusement ride or attraction. The no