Ethan's Law--maintenance of adequate insurance required,when--definitions--violations, penalty.
316.250. 1. This section shall be known and may be cited as "Ethan'sLaw".
2. Every owner of a for-profit private swimming pool or facilityshall maintain adequate insurance coverage in an amount of not less thanone million dollars per occurrence for any liability incurred in the eventof injury or death of a patron to such swimming pool or facility, includingany liability incurred under paragraph (b) of subdivision (3) of section537.348, RSMo. Such owners shall be required to register with thedepartment of public safety and provide proof of such insurance coverage atthe time of registration and when requested by any state or localgovernmental agency responsible for the enforcement of this section.
3. As used in this section, the following terms shall mean:
(1) "Owner", the owner of the land, including but not limited to alessee, tenant, mortgagee in possession and the person in charge of theland on which a swimming pool is located;
(2) "Swimming pool or facility", any for-profit privately owned tankor body of water with a capacity of less than five hundred patrons whichcharges a fee per admission and is used and maintained for swimming orbathing purposes which has a maximum depth of greater than twenty-fourinches. "Swimming pool or facility" shall include, but not be limited to,a swimming pool on lands in connection with the operation of any type offor-profit privately owned amusement or recreational park. "Swimming poolor facility" does not include a swimming pool or facility owned by a hotel,motel, public or governmental body, agency, or authority, a naturallyoccurring body of water or stream, or a body of water established by aperson or persons and used for watering livestock, irrigation, or stormwater management.
4. Any owner who violates the provisions of this section shall not bepermitted to remain in operation until such owner meets the requirements ofthis section. Any such owner who allows operation of a swimming pool orfacility in violation of this section shall be subject to a civil penaltyof two hundred fifty dollars per day for each day of continued violation upto a maximum of ten thousand dollars and may be subject to liability forthe costs incurred by the state or a political subdivision for enforcingthe provisions of this section. In a separate court action, the attorneygeneral may seek reimbursement on behalf of the state and a politicalsubdivision may seek reimbursement on behalf of the political subdivisionfor costs incurred as a result of enforcing the provisions of this section.For purposes of this section, "each day of the violation" means each daythat the swimming pool is operational and open for business and remains inviolation of this section. It shall not include days that the swimmingpool is not operational and open for business.
5. In addition, any owner who intentionally violates the provisionsof this section is guilty of a class A misdemeanor. It shall be the dutyof each prosecuting attorney and circuit attorney in their respectivejurisdictions to commence any criminal actions under this section, and theattorney general shall have concurrent original jurisdiction to commencesuch criminal actions throughout the state where such violations haveoccurred.
6. The department of public safety shall implement and, with theassistance of local law enforcement agencies, enforce the provisions ofthis section.
7. An insurance company providing insurance coverage under thissection shall notify the department of public safety if any owner of aswimming pool or facility as defined in this section terminates, cancels,or fails to renew such coverage. The department may utilize local lawenforcement agencies to enforce the provisions of this section.
Ethan's Law--maintenance of adequate insurance required,when--definitions--violations, penalty.
316.250. 1. This section shall be known and may be cited as "Ethan'sLaw".
2. Every owner of a for-profit private swimming pool or facilityshall maintain adequate insurance coverage in an amount of not less thanone million dollars per occurrence for any liability incurred in the eventof injury or death of a patron to such swimming pool or facility, includingany liability incurred under paragraph (b) of subdivision (3) of section537.348, RSMo. Such owners shall be required to register with thedepartment of public safety and provide proof of such insurance coverage atthe time of registration and when requested by any state or localgovernmental agency responsible for the enforcement of this section.
3. As used in this section, the following terms shall mean:
(1) "Owner", the owner of the land, including but not limited to alessee, tenant, mortgagee in possession and the person in charge of theland on which a swimming pool is located;
(2) "Swimming pool or facility", any for-profit privately owned tankor body of water with a capacity of less than five hundred patrons whichcharges a fee per admission and is used and maintained for swimming orbathing purposes which has a maximum depth of greater than twenty-fourinches. "Swimming pool or facility" shall include, but not be limited to,a swimming pool on lands in connection with the operation of any type offor-profit privately owned amusement or recreational park. "Swimming poolor facility" does not include a swimming pool or facility owned by a hotel,motel, public or governmental body, agency, or authority, a naturallyoccurring body of water or stream, or a body of water established by aperson or persons and used for watering livestock, irrigation, or stormwater management.
4. Any owner who violates the provisions of this section shall not bepermitted to remain in operation until such owner meets the requirements ofthis section. Any such owner who allows operation of a swimming pool orfacility in violation of this section shall be subject to a civil penaltyof two hundred fifty dollars per day for each day of continued violation upto a maximum of ten thousand dollars and may be subject to liability forthe costs incurred by the state or a political subdivision for enforcingthe provisions of this section. In a separate court action, the attorneygeneral may seek reimbursement on behalf of the state and a politicalsubdivision may seek reimbursement on behalf of the political subdivisionfor costs incurred as a result of enforcing the provisions of this section.For purposes of this section, "each day of the violation" means each daythat the swimming pool is operational and open for business and remains inviolation of this section. It shall not include days that the swimmingpool is not operational and open for business.
5. In addition, any owner who intentionally violates the provisionsof this section is guilty of a class A misdemeanor. It shall be the dutyof each prosecuting attorney and circuit attorney in their respectivejurisdictions to commence any criminal actions under this section, and theattorney general shall have concurrent original jurisdiction to commencesuch criminal actions throughout the state where such violations haveoccurred.
6. The department of public safety shall implement and, with theassistance of local law enforcement agencies, enforce the provisions ofthis section.
7. An insurance company providing insurance coverage under thissection shall notify the department of public safety if any owner of aswimming pool or facility as defined in this section terminates, cancels,or fails to renew such coverage. The department may utilize local lawenforcement agencies to enforce the provisions of this section.
Ethan's Law--maintenance of adequate insurance required,when--definitions--violations, penalty.
316.250. 1. This section shall be known and may be cited as "Ethan'sLaw".
2. Every owner of a for-profit private swimming pool or facilityshall maintain adequate insurance coverage in an amount of not less thanone million dollars per occurrence for any liability incurred in the eventof injury or death of a patron to such swimming pool or facility, includingany liability incurred under paragraph (b) of subdivision (3) of section537.348, RSMo. Such owners shall be required to register with thedepartment of public safety and provide proof of such insurance coverage atthe time of registration and when requested by any state or localgovernmental agency responsible for the enforcement of this section.
3. As used in this section, the following terms shall mean:
(1) "Owner", the owner of the land, including but not limited to alessee, tenant, mortgagee in possession and the person in charge of theland on which a swimming pool is located;
(2) "Swimming pool or facility", any for-profit privately owned tankor body of water with a capacity of less than five hundred patrons whichcharges a fee per admission and is used and maintained for swimming orbathing purposes which has a maximum depth of greater than twenty-fourinches. "Swimming pool or facility" shall include, but not be limited to,a swimming pool on lands in connection with the operation of any type offor-profit privately owned amusement or recreational park. "Swimming poolor facility" does not include a swimming pool or facility owned by a hotel,motel, public or governmental body, agency, or authority, a naturallyoccurring body of water or stream, or a body of water established by aperson or persons and used for watering livestock, irrigation, or stormwater management.
4. Any owner who violates the provisions of this section shall not bepermitted to remain in operation until such owner meets the requirements ofthis section. Any such owner who allows operation of a swimming pool orfacility in violation of this section shall be subject to a civil penaltyof two hundred fifty dollars per day for each day of continued violation upto a maximum of ten thousand dollars and may be subject to liability forthe costs incurred by the state or a political subdivision for enforcingthe provisions of this section. In a separate court action, the attorneygeneral may seek reimbursement on behalf of the state and a politicalsubdivision may seek reimbursement on behalf of the political subdivisionfor costs incurred as a result of enforcing the provisions of this section.For purposes of this section, "each day of the violation" means each daythat the swimming pool is operational and open for business and remains inviolation of this section. It shall not include days that the swimmingpool is not operational and open for business.
5. In addition, any owner who intentionally violates the provisionsof this section is guilty of a class A misdemeanor. It shall be the dutyof each prosecuting attorney and circuit attorney in their respectivejurisdictions to commence any criminal actions under this section, and theattorney general shall have concurrent original jurisdiction to commencesuch criminal actions throughout the state where such violations haveoccurred.
6. The department of public safety shall implement and, with theassistance of local law enforcement agencies, enforce the provisions ofthis section.
7. An insurance company providing insurance coverage under thissection shall notify the department of public safety if any owner of aswimming pool or facility as defined in this section terminates, cancels,or fails to renew such coverage. The department may utilize local lawenforcement agencies to enforce the provisions of this section.
