.................... moves to amend H.F. No. 1746 as follows:
Delete everything after the enacting clause and insert:
"Section 1. [184B.20] INFLATABLE AMUSEMENT EQUIPMENT.
1.4 Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in
1.5this subdivision have the meanings given.
1.6(b) "Commercial use" means regular use of an inflatable for profit by an owner
1.7at a permanently located facility:
1.8(1) to which the general public is invited; or
1.9(2) which the owner makes available at that facility for private parties or other events.
1.10 "Commercial use" does not include use of an inflatable at a carnival, festival, fair,
1.11private party, or similar venue at a location other than the permanently-located facility.
1.12(c) "Inflatable" means an amusement device, used to bounce or otherwise play on,
1.13that incorporates a structural and mechanical system and employs a high-strength fabric or
1.14film that achieves its strength, shape, and stability by tensioning from internal air pressure.
1.15(d) "Owner" means a person who owns, leases as lessee, or controls the operation of
1.16an inflatable for commercial use.
1.17(e) "Person" has the meaning given in section 302A.011, subdivision 22.
1.18(f) "Supervisor" means an individual stationed within close proximity to an inflatable
1.19during its use, for the purpose of supervising its safe use.
1.20(g) "Trained" means that an individual has received instruction in how to supervise
1.21the safe use of inflatables.
1.22 Subd. 2. Prohibition. No owner shall provide an inflatable for commercial use in
1.23this state by others unless the owner complies with this section.
1.24 Subd. 3. Protection against injuries from falls. An inflatable that is in commercial
1.25use must be placed in a manner that complies with ASTM Standard F 2374.07, adopted
1.26by the American Society for Testing and Materials, including any future updates to that
2.1 Subd. 4. Supervision by trained person required. No owner of an inflatable shall
2.2allow commercial use of the inflatable unless a trained supervisor is present in close
2.3proximity to the inflatable and is actively supervising its use. The ratio of supervisors to
2.4inflatables must be no less than one.
2.5 Subd. 5. Insurance required. An owner of an inflatable that is subject to
2.6subdivision 2 shall maintain liability insurance covering liability for a death or injury
2.7resulting from commercial use of the inflatable with limits of no less than $1,000,000 per
2.8occurrence and $2,000,000 aggregate per year. The insurance shall also include medical
2.9payments coverage of no less than $5,000 per occurrence, which may be limited to
2.10injuries incurred while using an inflatable, including getting on or off of the inflatable.
2.11The insurance must be issued by an insurance company authorized to issue the coverage in
2.12this state by the commissioner of commerce, and must be kept in force during the entire
2.13period of registration. In the event of a policy cancellation, the insurer will send written
2.14notice to the commissioner of labor and industry at the same time that a cancellation
2.15request is received from or a notice is sent to the insured.
2.16 Subd. 6. Registration required. An owner of an inflatable that is subject to
2.17subdivision 2 must obtain and maintain a current registration with the commissioner of
2.18labor and industry. The registration information must include the name, address, telephone
2.19number, and e-mail address of the owner, the street address of each facility at which
2.20the owner regularly provides inflatables for commercial use in this state by others, and
2.21a current insurance certificate of coverage proving full compliance with subdivision 5.
2.22The commissioner shall issue and renew a certificate of registration only to owners who
2.23comply with this section. The commissioner shall charge a registration fee of $100 for
2.24a two-year registration designed to cover the cost of registration and enforcement. The
2.25registration certificate shall be issued and renewed for a two-year period. The registrant
2.26shall promptly notify the commissioner in writing of any changes in the registration
2.27information required in this subdivision.
2.28 Subd. 7. Enforcement. The commissioner of labor and industry shall enforce this
2.29section and may use for that purpose section 326B.082 and any powers otherwise available
2.30to the commissioner for enforcement purposes, including suspension or revocation of the
2.31person's registration and assessment of fines.
2.32EFFECTIVE DATE.This section is effective August 1, 2010.