Senate Study Bill 1013 



                                     SENATE/HOUSE FILE       
                                     BY  (PROPOSED DEPARTMENT OF
                                          WORKFORCE DEVELOPMENT BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act modifying the fee structure relating to amusement ride
  2    safety inspections conducted by the division of labor services
  3    of the department of workforce development, and providing an
  4    effective date.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 1348DP 82
  7 ak/je/5

PAG LIN



  1  1    Section 1. Section 88A.3, Code 2007, is amended to read as
  1  2 follows:
  1  3    88A.3  RULES.
  1  4    1.  The commissioner shall adopt and issue rules for the
  1  5 safe installation, repair, maintenance, use, operation, and
  1  6 inspection of amusement devices, amusement rides, concession
  1  7 booths, and related electrical equipment at carnivals and
  1  8 fairs to the extent necessary for the protection of the
  1  9 public.  The rules shall be based upon on generally accepted
  1 10 engineering standards and shall be concerned with, but not
  1 11 necessarily limited to, engineering force stresses, safety
  1 12 devices, and preventive maintenance.  Whenever such If
  1 13 standards are available in suitable form they, the standards
  1 14 may be incorporated by reference.  The rules shall provide for
  1 15 the reporting of accidents and injuries incurred from the
  1 16 operation of amusement devices or rides, concession booths, or
  1 17 related electrical equipment.
  1 18    The commissioner may modify or repeal any rule adopted
  1 19 under the provisions of this chapter.
  1 20    2.  The commissioner shall adopt rules to charge and
  1 21 collect fees for the inspection of and issuance of permits for
  1 22 amusement rides, amusement devices, concession booths, and any
  1 23 related equipment.  Fees established by the commissioner shall
  1 24 be based on the costs of administering the provisions of this
  1 25 chapter and shall give due regard to the time spent and travel
  1 26 expenses incurred by division of labor services personnel in
  1 27 performing such duties.
  1 28    Sec. 2.  Section 88A.4, Code 2007, is amended to read as
  1 29 follows:
  1 30    88A.4  PERMIT AND INSPECTION FEES == NONLIABILITY SPECIAL
  1 31 INSPECTORS.
  1 32    Annual inspection fees under this chapter shall be as
  1 33 follows:
  1 34    1.  Permit fees.
  1 35    a.  One through ten rides, or devices or concessions,
  2  1 twenty dollars.
  2  2    b.  Eleven or more rides, or devices or concessions, thirty
  2  3 dollars.
  2  4    2.  Mechanical and electrical inspection fees for amusement
  2  5 rides and devices.
  2  6    a.  For rides which are designed for seventy=five pounds or
  2  7 less per passenger unit, sixty dollars for each inspection.
  2  8    b.  For rides which are designed for seventy=five pounds or
  2  9 more and for which the manufacturer's recommended assembly
  2 10 time is less than forty work hours, ninety dollars for each
  2 11 inspection.
  2 12    c.  For rides for which the manufacturer's recommended
  2 13 assembly time is forty work hours or more, one hundred twenty
  2 14 dollars for each inspection.
  2 15    3.  Electrical inspection of concession booths, and
  2 16 amusement devices fees, thirty=five dollars each.
  2 17    4.  Special inspectors authorization fee, twenty=five
  2 18 dollars each.  The A special inspectors inspector's
  2 19 authorization shall allow a person to perform inspections only
  2 20 on rides, devices, and concession booths of an operator who
  2 21 makes the request for the special inspectors inspector's
  2 22 authorization.  The failure of a special inspector to inform
  2 23 the commissioner of violations shall not subject the
  2 24 commissioner to liability for any damages incurred.
  2 25    Sec. 3.  EFFECTIVE DATE.  The section of this Act amending
  2 26 section 88A.4 takes effect January 1, 2008, at which time the
  2 27 rules adopted by the commissioner pursuant to section 88A.3,
  2 28 subsection 2, as enacted in this Act, shall take effect.
  2 29                           EXPLANATION
  2 30    Effective January 1, 2008, this bill strikes a Code
  2 31 provision that establishes a fee structure for the inspection
  2 32 of amusement rides and devices and for related permits.  The
  2 33 bill allows the labor commissioner to set fees for inspections
  2 34 and permits based on the costs of administration.
  2 35 LSB 1348DP 82
  3  1 ak:rj/je/5