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COMMITTEE REPORT
March 10, 2005
H. 3130
S. Printed 3/10/05--S.
Read the first time February 9, 2005.
To whom was referred a Bill (H. 3130) to amend the Code of Laws of South Carolina, 1976, by adding Article 3, Chapter 18, Title 41, to enact the "South Carolina Rider Safety Act", etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
J. VERNE SMITH for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, CHAPTER 18, TITLE 41, TO ENACT THE "SOUTH CAROLINA RIDER SAFETY ACT" SO AS TO REQUIRE RIDERS OF AMUSEMENT AND CARNIVAL DEVICES TO COMPLY WITH CERTAIN SAFETY REQUIREMENTS, TO REPORT INJURIES IN A TIMELY MANNER, TO REQUIRE OWNERS OF SUCH DEVICES TO POST SIGNS RELATING TO RIDER SAFETY, AND TO ESTABLISH A MISDEMEANOR FOR VIOLATIONS OF THIS ARTICLE; AND TO DESIGNATE SECTIONS 41-18-10 THROUGH 41-18-150 AS ARTICLE 1, CHAPTER 18, TITLE 41, AND TO NAME THAT ARTICLE "GENERAL PROVISIONS".
Whereas, the General Assembly finds:
(1) carnival or amusement devices are used by a large number of citizens of this State and attract to this State a large number of nonresidents, significantly contributing to the tourist industry and tax base of this State;
(2) the safety of the public using carnival or amusement devices is an important matter of public policy;
(3) there are inherent risks associated with all machinery, equipment, or animals that are impractical or impossible for an amusement owner to eliminate with all reasonable safety precautions, and an informed rider is in the best position to avoid those risks; and
(4) the safety of carnival or amusement devices will be greatly improved at minimal cost if riders are subject to safety standards for their own protection and the protection of others. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 18, Title 41 of the 1976 Code is amended by adding:
Section 41-18-300. This article may be cited as the 'South Carolina Rider Safety Act'.
Section 41-18-310. As used in this article:
(1) 'Parent or guardian' means a parent, custodian, or guardian responsible for the control, safety, training, or education of a minor or a person who is disabled or incompetent.
(2) 'Rider of a carnival or amusement device' or 'rider' means a person who is:
(a) waiting in the immediate vicinity to get on a carnival or amusement device;
(b) getting on a carnival or amusement device;
(c) using a carnival or amusement device;
(d) getting off a carnival or amusement device; or
(e) leaving a carnival or amusement device and who is still in the immediate vicinity of the carnival or amusement device.
'Rider' does not include employees or agents of the owner of a carnival or amusement device while engaged in the duties of their employment.
(3) 'Sign' means a symbol or language reasonably calculated to communicate information to riders or riders' parents or guardians including, but not limited to, placards, prerecorded messages, live public address, stickers, pictures, pictograms, guidebooks, brochures, video, verbal information, and visual signals. Lettering on signs used for this purpose must be at least two inches in height.
Section 41-18-320. (A) A rider of a carnival or amusement device shall at a minimum:
(1) obey the posted rules and warnings and instructions for a carnival or amusement device issued by the owner of the carnival or amusement device or the owner's employee or agent; and
(2) refrain from acting in any manner that may cause or contribute to injuring the rider of a carnival or amusement device, or others, including:
(a) exceeding the limits of the rider's ability;
(b) interfering with safe operation of the carnival or amusement device;
(c) not engaging a safety mechanism provided on a carnival or amusement device;
(d) disconnecting or disabling a carnival or amusement safety device, except at the express instruction of the owner of the carnival or amusement device or the owner's agent or employee;
(e) altering or enhancing the intended speed, course, or direction of a carnival or amusement device;
(f) using, touching, or tampering with the controls of a carnival or amusement device designed solely to be operated by the owner of the carnival or amusement device or the owner's agent or employee;
(g) extending arms and legs beyond the carrier or seating area of a carnival or amusement device except at the express direction of the owner of the carnival or amusement device or the owner's agent or employee;
(h) throwing, dropping, or expelling an object from or toward a carnival or amusement device, except as permitted by the owner of the carnival or amusement device or the owner's agent or employee;
(i) getting on or off a carnival or amusement device, except at the designated time and area, if any, at the direction of the owner of the carnival or amusement device or the owner's agent or employee or in an emergency;
(j) not reasonably controlling the speed or direction of the rider or a carnival or amusement device that requires the rider to control or direct himself or the device; and
(k) overloading a carnival or amusement device beyond its designed capacity.
(B) A rider must not get on or attempt to get on a carnival or amusement device unless the rider, or the rider's parent or guardian on the rider's behalf, reasonably determines that, at a minimum, the rider:
(1) has sufficient knowledge to use, get on, and get off the carnival or amusement device safely without instruction or has requested and received before getting on the carnival or amusement device sufficient information to get on, use, and get off the device safely;
(2) has located, reviewed, and understood any signs in the vicinity of the carnival or amusement device and has satisfied any posted height or other restrictions or requirements;
(3) knows the range and the limits of his ability and knows that the requirements of the carnival or amusement device do not exceed those limits;
(4) is not under the influence of alcohol or any drug that affects his ability to safely use the carnival or amusement device or to obey the posted rules or warnings or instructions; and
(5) is authorized by the owner of the carnival or amusement device or the owner's agent or employee to get on the carnival or amusement device.
(C)(1) A rider, or a rider's parent or guardian on the rider's behalf, shall report in writing to the owner of the carnival or amusement device any injury sustained on a carnival or amusement device before leaving the owner's premises, including:
(a) the name, address, and phone number of the injured person;
(b) a full description of the incident, the injuries claimed, and any treatment received and the location, date, and time of the injury;
(c) the cause of the injury, if known; and
(d) the names, addresses, and phone numbers of any witnesses to the incident.
(2) If a rider, or a rider's parent or guardian on the rider's behalf, is unable to file a report because of the severity of the rider's injuries, the rider, or the rider's parent or guardian, shall file the report as soon as reasonably possible.
(3) The failure of a rider, or a rider's parent or guardian on the rider's behalf, to report an injury under this subsection has no effect on the rider's right to commence a civil action.
Section 41-18-330. Parents or guardians of riders have a duty to ensure that the rider complies with all provisions of this article.
Section 41-18-340. (A) A security or law enforcement officer may detain a person for a reasonable time in a reasonable manner for the purpose of conducting an investigation if the security or law enforcement officer has reasonable cause to believe that the person has violated any posted rules or warnings or instructions of the owner of the carnival or amusement device or the owner's agent or employee.
(B) In a civil action brought by a person resulting from a detention of a person by a security or law enforcement officer, it is a defense to that action that the security or law enforcement officer who detained the person had reasonable cause to believe that the person had violated a posted rule or warning or instruction of the carnival or amusement device owner, or of the owner's employee or agent, and that the security or law enforcement officer detained the person for a reasonable time in a reasonable manner for the purpose of conducting an investigation of the alleged violation.
Section 41-18-350. (A) The owner of a carnival or amusement device shall display signs that include this statement:
'State law requires riders to obey all posted signs and warnings and instructions and to behave in a manner that will not cause or contribute to injuring themselves or others. Riders must report all injuries before leaving'.
(B) The owner shall display these signs at:
(1) any station for reporting an injury;
(2) any first aid station; and
(3) either:
(a) any entrance or exit to or from the premises designated for riders; or
(b) any area or structure at which riders may purchase admission or obtain authority to use a carnival or amusement device.
Section 41-18-360. A person who wilfully violates this article is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than two months or both."
SECTION 2. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this article, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 3. Sections 41-18-10 through 41-18-150 are designated as Article 1, Chapter 18, Title 41 of the 1976 Code and entitled "General Provisions".
SECTION 4. This act takes effect January 1, 2006.
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