May 13, 2008 08:07 pm
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By Susan Redden
sredden@joplinglobe.com
Final passage of a bill designed to boost safety at privately operated, unregulated swimming pools is a “relief” to a Joplin mother whose son drowned last year at an area water park.
“Ethan’s Law” is on its way to the desk of Gov. Matt Blunt after being passed 26-7 on Tuesday by the Missouri Senate. The measure was passed April 3 by the House on a 143-5 vote.
The proposal is named for 6-year-old Ethan Cory, who drowned last summer at a private water park south of Joplin.
“It’s a big relief to have this done,” Lauren Cory, Ethan’s mother, said Tuesday. “I’m especially glad it’s passed before the swimming season starts, so it can have an impact this year.”
After Ethan’s death, the Cory family worked with lawmakers on the bill that requires private, for-profit water parks to have at least $1 million worth of liability insurance in case a customer dies or is injured. For-profit pool owners would be required to register with the state and prove they have the insurance.
Lauren Cory and John Cory, Ethan’s father, testified in favor of the measure. The bill has an emergency clause, meaning it will go into effect immediately after the governor’s signature. Normally, new laws go into effect Aug. 28.
The measure was sponsored by Rep. Marilyn Ruestman, R-Joplin, whose district includes the Swimmin’ Hole, where Ethan drowned last July 17. The water park is in an unincorporated area and was not subject to any government regulations.
Ruestman said Tuesday that she expects Blunt to sign the measure “within 10 days.”
“The entire time we worked on it, the governor has indicated that he is supportive and would sign the bill as soon as we could get it to him,” she said.
Ruestman said the legislation will provide “a new level of protection for Missouri swimmers.”
The bill was handled in the Senate by Sen. Gary Nodler, R-Joplin, who said Ethan’s Law “will protect children throughout Missouri by increasing safety at water parks.”
Owners who do not insure their parks could be charged with a Class A misdemeanor and be subject to a fine of $250 per day per violation. Insurance companies underwriting these liability policies would require parks to follow safety regulations.
A wrongful-death lawsuit has been filed on behalf of Ethan’s parents against the Boys & Girls Club of Joplin, which was supervising Ethan and other children on an outing to the Swimmin’ Hole, and the water park’s owners, James and Diane Burt. Court records filed in connection with the suit indicated that the Burts did not maintain liability insurance on the water park.
An investigation by the Newton County Sheriff’s Department determined that the drowning was an accident, but that neither the Boys & Girls Club nor the water park provided the children with adequate supervision.
Current rules
Missouri already requires city pools, hotel pools and water parks in theme parks to have insurance.
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