SB 1049

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. “Commercial trampoline” is defined as a device incorporating a flexible surface that is used for recreational jumping, springing, bouncing, acrobatics, or gymnastics.

Under the bill, 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 that 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.

If an operator violates the bill by failing to comply with any of the above duties, the bill allows DSPS to suspend or revoke the operator’s license, but only after DSPS gives the operator at least 60 days before the suspension or revocation an opportunity to cure the violation. However, an opportunity to cure is not required for a repeat violation. The bill requires DSPS to promulgate rules specifying the timeline and process for curing a violation. The bill also requires DSPS to annually inspect trampoline parks and provide operators with written reports documenting the inspections.

The bill also imposes responsibilities on individuals while in trampoline courts, including reading and following all posted signs, avoiding bodily contact with other individuals, refraining from acting in a manner that may cause injury to others, and refraining from participating in trampolining when under the influence of drugs or alcohol. Under the bill, a participant also accepts certain dangers inherent in the activity. The bill defines those dangers to include risk of injuries that result from collisions with other participants or spectators; injuries that result from falls; injuries that result from landing on the trampoline bed, pad, or platform; and injuries that involve objects or artificial structures properly within the intended travel of the participant that are not otherwise attributable to the operator’s breach of a duty under the bill or under common law.

Under the bill, if a participant makes a claim against an operator for an injury resulting from an activity occurring at a trampoline park, the operator may raise compliance with the operator’s responsibilities, the assumption of risk inherent to trampoline activities as described in the bill, or any failure by a participant to comply with the participant’s responsibilities as a defense that the court or jury can consider under existing comparative negligence standards.