Senate Bill No. 526
(By Senator Bailey)
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[Introduced February 8, 2006; referred to the Committee
on Finance.]
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A BILL to amend and reenact §21-10-4 of the Code of West Virginia,
1931, as amended, relating to reducing the annual inspection
fee imposed on amusement rides and attractions.
Be it enacted by the Legislature of West Virginia:
That §21-10-4 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 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 twenty-five 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.
© 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 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.
NOTE: The purpose of this bill is to reduce the annual
inspection fee for amusement rides and attractions.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.