FIRST REGULAR SESSION
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE JACKSON.
Read 1st time April 14, 2003, and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To repeal section 316.210, RSMo, and to enact in lieu thereof two new sections relating to the amusement ride safety fund.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 316.210, RSMo, is repealed and two new sections enacted in lieu thereof, to be known as sections 316.210 and 316.211, to read as follows:
316.210. 1. A person shall not operate an amusement ride unless the owner:
(1) Has the amusement ride inspected at least once annually by a qualified inspector, whom the owner or an insurer has provided to perform such inspection, and obtains from such qualified inspector written documentation that the inspection has been made and that the amusement ride meets nationally recognized inspection standards and is covered by the insurance required by subdivision (2) of this subsection;
(2) Has:
(a) An insurance policy currently in force written by an insurance company authorized to do business in this state in an amount of not less than one million dollars per occurrence;
(b) A bond in the same amount as such person's policy from paragraph (a) of this subdivision, provided that the aggregate liability of the surety under such bond shall not exceed the face amount of the bond; or
(c) Cash or other surety acceptable to the department;
(3) Files with the department the inspection report and certificate of insurance verifying the policy required by this section or a photocopy of such documentation or certificate; and
(4) Has been issued a state operating permit by the department and affixed such permit to the designated amusement ride. Such permit fee shall not exceed actual administrative costs. 2. The inspection required pursuant to subdivision (1) of subsection 1 of this section shall be conducted at a minimum to meet the manufacturer's or engineer's recommendations.
3. All fees collected pursuant to [this section] sections 316.200 to 316.237 shall be deposited [to the credit of the general revenue] in the amusement ride safety fund established in section 316.211. Beginning August 28, 2003, moneys in the fund shall be appropriated from the amusement ride safety fund for the expenses of the board and amusement ride safety unit.
316.211. 1. There is hereby created in the state treasury the "Amusement Ride Safety Fund", which shall consist of money collected pursuant to sections 316.200 to 316.237. The state treasurer shall be custodian of the fund and shall approve disbursements from the fund in accordance with sections 30.170 and 30.180, RSMo. Upon appropriation, money in the fund shall be used solely for the expenses of the board and the amusement ride safety unit.
2. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.
3. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.