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
include a hobby locomotive
operating that operates on narrow
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.
"Department" means the department of
consumer and industry
services.licensing and regulatory affairs.
"Director" means the director of the department
and industry services.or his
or her designee.
"Hobby" means an interest or activity that
a person an
individual pursues without compensation in his or her leisure time.
"Operator" or "owner" means a person,
not limited to, this state or a political subdivision of this
state, that owns or controls or has the duty to control the
of a carnival or amusement ride.
and includes the state
any political subdivision of the state.
"Rider" or "rider of a carnival or amusement ride" means
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,
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
(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
(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
(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.