HOUSE BILL No. 4584

 

 

May 14, 2019, Introduced by Rep. Albert and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1966 PA 225, entitled

 

"Carnival-amusement safety act of 1966,"

 

by amending section 2 (MCL 408.652), as amended by 2000 PA 346, and

 

by adding section 7a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Carnival or amusement ride" means a device that carries

 

or conveys passengers along, around, or over a fixed or restricted

 

route or course for the purpose of giving its passengers amusement,

 

pleasure, thrills, or excitement. Carnival or amusement ride does

 

not include a hobby locomotive operating that operates on narrow

 

gauge tracks less that have a width that is narrower than 24 inches

 


and is powered by steam, electricity, gas, or other fuel, whether

 

or not it is operated on the owner's property.

 

     (b) "Department" means the department of consumer and industry

 

services.licensing and regulatory affairs.

 

     (c) "Director" means the director of the department of

 

consumer and industry services.or his or her designee.

 

     (d) "Hobby" means an interest or activity that a person an

 

individual pursues without compensation in his or her leisure time.

 

     (e) "Operator" or "owner" means a person, who including, but

 

not limited to, this state or a political subdivision of this

 

state, that owns or controls or has the duty to control the

 

operation of a carnival or amusement ride. and includes the state

 

or any political subdivision of the state.

 

     (f) "Rider" or "rider of a carnival or amusement ride" means a

 

person an individual who is waiting in the immediate vicinity of a

 

carnival or amusement ride to get on the carnival or amusement

 

ride, getting on a carnival or amusement ride, using a carnival or

 

amusement ride, getting off a carnival or amusement ride, or

 

leaving a carnival or amusement ride and is still in the immediate

 

vicinity of the carnival or amusement ride. Rider does not include

 

an individual who is an employee or agent of the operator while

 

engaged in the duties of his or her employment or engagement.

 

     (g) "Sign" means any symbol or language that is reasonably

 

calculated to communicate information to a rider or the rider's

 

parent or guardian, including placards, prerecorded messages, live

 

public address, stickers, pictures, pictograms, video, verbal

 

information, and visual signals.


     (h) "Special inspector commission" means an authorization

 

issued annually by the department that requires an operator, owner,

 

or representative of the an owner or operator to perform daily

 

inspections of a carnival or amusement ride, to maintain a daily

 

inspection log, and to be present on the premises where the ride is

 

located while the ride is being operated.

 

     Sec. 7a. (1) The director, by rule promulgated under the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328, shall create and administer a voluntary "Michigan safety

 

amusement star program" to recognize owners and operators of

 

carnival or amusement rides that meet certain eligibility standards

 

related to protecting the safety of their riders and employees.

 

     (2) The rules promulgated by the director under subsection (1)

 

must include all of the following:

 

     (a) A requirement for submission of an application by or on

 

behalf of an owner or operator that is requesting a star rating for

 

that owner or operator under this section, in a form prescribed by

 

the director, that includes at least all of the following

 

information:

 

     (i) A description of each of the owner's or operator's safety

 

training programs for its staff.

 

     (ii) A description of each program established by the owner or

 

operator concerning safety hazard prevention and control.

 

     (iii) A description of the owner's or operator's emergency

 

response planning and procedures.

 

     (b) With an application described in subdivision (a), a

 

requirement for payment of an application fee in the amount of


$350.00.

 

     (c) Eligibility standards for the award of a star rating under

 

this section. The eligibility standards must include a requirement

 

that an owner or operator is eligible to receive a star rating for

 

its business only if there are no fatalities or life-altering

 

injuries at any location at which it owns or operates carnival or

 

amusement rides in the 1-year period preceding the date of the

 

application or in the 1-year period that begins on the date of the

 

application.

 

     (d) Any other provisions the director considers necessary or

 

appropriate to implement and administer this section.

 

     (3) The department shall provide to an owner or operator that

 

receives a star rating under this section a flag and other

 

promotional materials as determined by the department, and the

 

department shall include the owner or operator in a list of star

 

rating recipients on its website.

 

     (4) As used in this section, "applicant" means an owner or

 

operator of carnival or amusement rides that submits an application

 

described in this section, or on whose behalf an application

 

described in this section is submitted.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.