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Government Relations

Update: 5/1/17

 

Recent regulatory efforts have been or are currently underway in a number of states. Thanks to ACCT volunteers, the Government Relations Committee, and PVMs who have been actively involved with these efforts by representing stakeholder and industry interests.  

 

Tennessee

Here is an update on where things stand in Tennessee regarding zip line, challenge course, and adventure park regulations.

 

Inspection Form

As of March 15th the online inspection form for third party inspectors went live. This is the universal form that will be used to send an inspection report to the state for a client's permit. So inspectors / companies can still provide their own inspection reports in whatever format they like to the client, but inspection info to the state must go through the online form. 

 

Here is a link to the form: http://tn.gov/workforce/article/amusement-inspection-form

 

Another change to note is that as of December 2016, the state permit is being issued to the operating company, rather than to each device. HOWEVER, each device must have a separate inspection report filed, so it matters what you and the client designate as a device. For example, under the current law (which is likely to change in this next year) if you have an aerial adventure park with 50 elements composed of 5 different courses, you could designate the entire park as one device, or each of the courses as a single device. The caveat is that if there is a serious accident requiring the device to be closed, then an inspection report that lists the whole park as one device could mean that the entire park would have to be closed until the investigation was complete, rather than just the course where the incident occurred. Much of this remains a moving target and I think it will continue to be for some time. 

 

Legislative Update

There are three Bills related to amusement safety that have popped up in this legislative session. They were not widely publicized and the only reason they came to our attention is because they were mentioned at the close of the March Amusement Safety Board meeting. They don't deal directly with zip lines / challenge courses / adventure parks, but because we're deemed amusement devices, they affect us. 

 

The Bills are:

 

HB191, SB457 and SB215

 

HB – House Bill

SB – Senate Bill

 

You can search for the Bills via: http://wapp.capitol.tn.gov/apps/billsearch/BillSearchAdvanced.aspx

 

HB191 and SB457 are pretty much the same. There is some problematic language that needs to be addressed, particularly the language around operator qualifications. 

 

If you are a Tennessee resident or a legal foreign entity in Tennessee it would be prudent to contact your Representatives and Senators to provide your input regarding these Bills.

Don Stock, Chair

Government Relations Committee

 

North Carolina

Update on Legislation

 

Senator Lee filed, Senate Bill 100, Aerial Adventure Financial Responsibility on February 15, 2017, and the Bill was approved in March and sent to the house for consideration. We had been in direct contact with Senator Lee and had input and we are supportive of this bill. There are two other co-sponsors on the bill along with Senator Lee: Senator Meredith (R-Cumberland) and Senator Ford (D-Mecklenburg). Senator Lee's bill was considered and approved without opposition by the Senate commerce committee. Senator Lee mentioned several times that the bill was supported by NCAAA.

 

House Bill 196, Zip Lines/Challenge Courses/Sanders' Law, introduced by Representative Davis, was scheduled for consideration in the House Judiciary I Committee on Wednesday March 22 at 1pm.

 

 

Michigan

The State of Michigan announced on February 8th that all zip lines in the State of Michigan will need to be licensed.  There is very little information on the state site regarding the requirements.  

 

Announcement: http://www.michigan.gov/lara/0,4601,7-154-10573_11472-404222--,00.html

 

This is a work in progress.  For challenge courses with zip lines, only the zip lines will need to meet the requirements.  

 

You can look through the laws here.

 

Current laws do not specify a specific standard for amusement code but include requirements for signage, operations, etc.

 

In addition to the requirements of the law, here is what is required.  

  

Kansas

A new Bill is being drafted in Kansas.  It's a result of a death on a water slide last year.  It doesn't specifically mention zip lines, but is may be applicable to any pay for play or zip tours.  You can view the Bill here.

 

 

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