SB 1070

Subject to specified exemptions, this bill prohibits a person from operating a

trampoline park without an annual license issued by the Department of Safety and

Professional Services. The bill defines “trampoline park” as a place of business that,

for a fee, offers the recreational use of a “trampoline court,” which is defined as an

area comprising either 1) multiple commercial trampolines or 2) at least one

commercial trampoline and at least one associated foam or inflatable bag pit. A

“commercial trampoline” is defined as a device incorporating a flexible surface that

is used for recreational jumping, springing, bouncing, acrobatics, or gymnastics.

For license issuance or renewal, the operator of a trampoline park must pay a

fee specified in rules promulgated by DSPS. The operator must also submit a

certificate of insurance demonstrating that the operator has liability coverage of at

least $1,000,000 in the aggregate and $500,000 per incident to cover injuries to

participants arising out of any negligence or misconduct by the operator or the

trampoline park's staff in the construction, maintenance, or operation of the

trampoline park. If the required insurance ever lapses, expires, or is cancelled, the

operator must notify DSPS within 24 hours. The bill requires DSPS to promulgate

rules for issuing and renewing licenses. As with other licenses issued by DSPS under

current law, a person is not eligible for a license under the bill if the person is liable

for delinquent taxes, unemployment insurance contributions, or child or spousal

support.

The bill creates three exemptions from the above licensing requirement. First,

if a playground is an incidental amenity operated by a school, city, village, town, or

county, and the operator does not primarily derive revenue from operating the

playground for a fee, the bill does not apply to the playground. Second, the bill also

does not apply to a nonrecreational training or rehearsal facility for gymnastics,

dance, cheer, or tumbling that satisfies specified requirements. Third, the bill does

not apply to an inflatable ride, an inflatable bounce house, or equipment used

exclusively for exercise.

The bill imposes the following duties on an operator of a trampoline park who

is not subject to one of the above exemptions. First, the bill requires an operator to

comply with industry standards regarding signage, safety procedures, education of

risk, equipment, facilities, staff training and supervision, participant activities,

operational issues, and statistical tracking of injuries. An operator must notify

DSPS within 48 hours of any change in status regarding compliance with the

foregoing duties. Second, an operator must prominently display signage on the

trampoline park's rules. Third, an operator must develop, implement, and follow an

in-house injury reporting system and emergency response plan and retain records

related to that system and plan. Fourth, an operator must make information in that

system and the foregoing records available for inspection and copying to DSPS, the

Department of Health Services, a local health department, or any affected party.