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Committee Substitute House Bill 2980 History

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HB2980 SUB
COMMITTEE SUBSTITUTE

FOR

H. B. 2980

(By Mr. Speaker, Mr. Kiss, and Delegates DeLong, Pino, Varner, Pethtel, Cann and Amores)



(Originating in the House Committee on Finance)

[March 24, 2005]


A BILL to amend and reenact §21-10-4, §21-10-5 and §21-10-6 of the code of West Virginia, 1931, as amended, relating to the regulation of amusement rides and amusement attractions; providing for oversight and review of special inspectors; increasing annual permit fee; requiring Division of Labor to set qualifications and process for certification of special inspectors by legislative rule; authorizing annual certification fee; allowing suspension or revocation of certifications; and allowing inspections by special inspectors.

Be it enacted by the Legislature of West Virginia:
That §21-10-4, §21-10-5 and §21-10-6 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 10. AMUSEMENT RIDES AND AMUSEMENT ATTRACTIONS SAFETY ACT.
§21-10-4. Inspection and permit fees.
(a) The division shall charge inspection and permit fees. The annual permit fee is twenty-five one hundred dollars for each ride or attraction. The annual inspection fee, if an inspection is to be done by the division, is one hundred dollars for each ride or attraction. The annual inspection fee, if an inspection is to be done by the division, is due at the time of application for the annual permit. The division shall waive the inspection fee for any ride or attraction whose owner provides proof of nonprofit business status or for any ride or attraction whose owner provides proof that an inspection has been completed within the last year by a certified special inspector as provided in section six of this article.
(b) The division may charge additional inspection fees equal to the annual inspection fee for additional inspections required as the result of the condemnation of a device for safety standards violations and for inspections required as a result of accidents involving serious or fatal injury. If any owner or operator requires an inspection as the result of a violation of the permitting requirements of section six of this article, the division shall charge the owner or operator seventy-five dollars per hour in addition to the established inspection fee, including travel time.
(c) All fees received shall be deposited in a special revenue account in the state treasury known as the "Amusement Rides and Amusement Attractions Safety Fund". The division may use moneys from the fund for the purpose of enforcement of the provisions of this article. Expenditures are not authorized from collections, but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon fulfillment of the provisions of article two, chapter five-a eleven-b of this code.
(d) No inspection fee may be charged public agencies.
(e) The division shall issue, and the owner, operator or both of the amusement rides and amusement attractions shall visibly display to the public, inspection stickers denoting and signifying that the inspection and permit fee authorized by this section has been paid or waived.
§21-10-5. Inspectors.
(a) The Division may hire or contract with inspectors to inspect amusement rides and amusement attractions. The Division is responsible for oversight and review of the activities of special inspectors and may hire or contract with inspectors to review the activities of special inspectors.
(b) The Division shall certify all special inspectors who are employed by insurance providers that write insurance policies for amusement rides and amusement attractions required by section twelve of this article. The Division may suspend or revoke any certification of a special inspector upon a showing of good cause. The Division shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty- nine-a of this code providing an application process and minimum qualifications for certification of special inspectors. The Division may charge an annual certification fee not to exceed fifty dollars.
§21-10-6. Permits; application; annual inspection.
No operator or owner may knowingly permit the operation of an amusement ride or amusement attraction without a permit issued by the Division. Each year and at least fifteen days before the first time the amusement ride or amusement attraction is made available in this state for public use, an operator or owner shall apply for a permit to the Division on a form furnished by the Division and containing any information the division may require. The Division shall, upon application and within ten days of the first time the ride or attraction is made available in this state for public use, inspect all amusement rides and amusement attractions. The Division shall inspect all stationary rides and attractions at least once every year. The Division may inspect all mobile amusement rides and amusement attractions each time they are disassembled and reassembled for use in this state. The Division may conduct inspections at any reasonable time without prior notice: Provided, That in lieu of performing its own inspection, the Division may accept inspection reports from special inspectors certified by the Division.
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