SB1070,1,3 1An Act to create 101.122 and 101.19 (1g) (ar) of the statutes; relating to:
2regulating trampoline parks, providing an exemption from emergency rule
3procedures, and granting rule-making authority.

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.

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 an opportunity to cure the violation at least 60 days before the
suspension or revocation. 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 who use trampoline parks,
including reading and following all posted signs and warnings, avoiding bodily
contact with other trampoliners or spectators, refraining from acting in a manner
that may cause injury to others, and not participating in trampolining when under
the influence of drugs or alcohol. Under the bill, an individual who participates in
trampolining also accepts certain dangers inherent in the activity. The bill defines
those dangers to include risk of injuries that result from collisions with other
trampoliners or spectators, injuries that result from falls, injuries that result from
landing on the trampoline, pad, or platform, and injuries that involve objects or
artificial structures properly within the intended travel of the trampoliner that are
not otherwise attributable to the operator's breach of a duty under this section 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 risks 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.

SB1070,3,53 (a) “Commercial trampoline" means a device that incorporates a trampoline
4bed and is used for recreational jumping, springing, bouncing, acrobatics, or
5gymnastics in a trampoline park.

SB1070,3,96 (b) “Emergency response plan" means a written plan of action for the
7reasonable and appropriate contact, deployment, and coordination of services,
8agencies, and personnel to provide the earliest possible response to an injury or
9emergency.