Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 5 - AMUSEMENT RIDE AND AMUSEMENT ATTRACTION SAFETY INSURANCE ACT (§§ 23-89-501 — 23-89-518) › Section 23-89-504 - Safety inspection and insurance required - Enforcement - Violations

(a)
It is unlawful for any person or entity to operate an amusement attraction or amusement ride unless the person or entity maintains liability insurance in the minimum amount required by this subchapter at all times during the operation of the amusement attraction or amusement ride in the state and unless the person has a current safety inspection report made at the time of set-up of the amusement attraction or amusement ride, but before use by the public.
(b)
(1)
The Director of the Division of Labor may conduct examinations and investigations into the affairs of any person or entity subject to the provisions of this subchapter for the purpose of determining compliance with the provisions of this subchapter.
(2)
The Director of the Division of Labor shall administer and enforce the provisions of this subchapter.
(3)
The Director of the Division of Labor shall promulgate rules for the proper administration and enforcement of this subchapter, including rules establishing minimum safety requirements for the operation and maintenance of amusement rides and amusement attractions.
(4)
The Director of the Division of Labor shall employ amusement ride inspectors certified by the National Association of Amusement Ride Safety Officials.
(c)
If the Director of the Division of Labor finds that an operator or owner has failed to comply with the provisions of this subchapter, he or she may order the operator or owner to immediately cease operating the amusement attraction or amusement ride and may impose upon the operator or owner an administrative penalty of not more than ten thousand dollars ($10,000).
(d)
(1)
If the Director of the Division of Labor finds that an operator or owner failed to comply with the provisions of this subchapter, he or she shall so inform the prosecuting attorney in whose district any purported violation may have occurred.
(2)
(A)
Upon conviction, the operator or owner shall be guilty of a Class A misdemeanor.
(B)
Upon conviction of a knowing violation, the operator or owner shall be guilty of a Class D felony.
(3)
Each day of violation shall constitute a separate offense.
(e)
The Director of the Division of Labor shall have authority to bring a civil action in any court of competent jurisdiction, without payment of costs or giving bond for costs, to recover any administrative penalty imposed pursuant to this subchapter or to recover any delinquent fees owed pursuant to this subchapter.
(f)
The Director of the Division of Labor and his or her deputies, assistants, examiners, and employees and the Director of the Division of Arkansas State Police and his or her deputies, officers, assistants, and employees and any public law enforcement officer shall not be liable for any damages occurring as a result of the implementation of this subchapter.
Amended by Act 2019, No. 315,§ 2762, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5506, eff. 7/1/2019.
Acts 1983, No. 837, § 8; A.S.A. 1947, § 66-5908; Acts 1987, No. 839, § 4; 1995, No. 631, § 2; 2001, No. 1365, § 2; 2005, No. 1994, § 458.