0001|                               AN ACT
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0002| RELATING TO CARNIVAL RIDE REGULATION; AMENDING INSPECTION REQUIREMENTS
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0003| FOR CARNIVAL RIDES; AMENDING THE CARNIVAL RIDE INSURANCE ACT.
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0004| 
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0005| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0006|      Section 1.  Section 57-25-3 NMSA 1978 (being Laws 1993, Chapter
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0007| 284, Section 3, as amended) is amended to read:
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0008|      "57-25-3.  LIABILITY INSURANCE REQUIRED--CERTIFICATE OF INSPECTION
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0009| REQUIRED--CARNIVAL RIDE INSURANCE FUND CREATED.--
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0010|           A.  No person shall operate a carnival ride without a policy
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0011| of insurance in an amount not less than three million dollars
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0012| ($3,000,000) against liability for injury to persons arising out of the
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0013| operation of the carnival ride.
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0014|           B.  Either a copy of the policy furnished to the insured or a
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0015| certificate stating that the insurance required by this section is in
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0016| effect shall be filed with the department and a local government entity.
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0017|           C.  The policy shall contain a schedule listing by name and
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0018| serial number each carnival ride insured by the policy.  In the event of
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0019| additions or deletions of carnival rides during the policy terms, such
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0020| changes shall be shown on a change endorsement, a copy of which shall be
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0021| submitted to the department and the local government entity.
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0022|           D.  In the event of policy cancellation by either the insured
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0023| owner or operator or the insurance company, the insured shall furnish
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0024| notice of the cancellation to the department and the local government
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0025| entity not later than ten days prior to cancellation.
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0001|           E.  No person, owner or operator of a carnival ride shall
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0002| operate any carnival ride without obtaining a certificate of inspection
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0003| for each ride by an inspector of the department or its designee and
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0004| filing the certificate of inspection with the local government.  The
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0005| owner or operator shall annually have each carnival ride inspected and
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0006| annually file the certificate of inspection.  The certificate of
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0007| inspection shall state that the carnival ride operator or owner has had
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0008| the rides independently inspected by a national amusement ride safety
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0009| official class 1, 2 or 3 inspector within twelve months of the operation
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0010| of the ride within the state and whether any deficiencies noted by the
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0011| engineer have been corrected.  In addition, the owner or operator of the
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0012| ride shall inspect the ride each day the ride is operated before any
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0013| member of the public is permitted to board the ride.  The owner or
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0014| operator shall keep a current log of such inspections which shall be
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0015| available for review by local enforcement officials during operating
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0016| hours.
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0017|           F.  The insured shall pay a fifty dollar ($50.00) per
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0018| carnival ride per inspection filing fee with the department.
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0019|           G.  The "carnival ride insurance fund" is created in the
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0020| state treasury.  The fund shall consist of all filing fees received by
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0021| the department pursuant to the Carnival Ride Insurance Act.  Money in
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0022| the carnival ride insurance fund is appropriated to the department for
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0023| the purpose of carrying out the provisions of the Carnival Ride
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0024| Insurance Act.  The fund shall not be expended for any purpose other
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0025| than carrying out the provisions of the Carnival Ride Insurance Act."    
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0001|        
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0002| 
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0003|                                                              HB
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0004| 604
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0005|                                                              Page 
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