HB-4691, As Passed House, June 13, 2013

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4691

 

May 2, 2013, Introduced by Reps. LaFontaine and Lund and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1966 PA 225, entitled

 

"Carnival-amusement safety act of 1966,"

 

by amending the title and sections 6, 7, 10, 11, 13, 14, and 15

 

(MCL 408.656, 408.657, 408.660, 408.661, 408.663, 408.664, and

 

408.665), the title and sections  7 and 11 as amended by 1982 PA

 

35; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to provide for the inspection, licensing, and

 

regulation of carnival and amusement rides; to provide for the

 

safety of the public using carnival and amusement rides; to create

 

a carnival-amusement safety board in the department of licensing

 

and regulation; to provide for the powers and duties of certain


 

state governmental officers and entities; to provide for the

 

disposition of revenues; to make an appropriation; and to provide

 

prescribe penalties. for violations.

 

     Sec. 6. The board department shall promulgate and formulate

 

definitions, codes, and rules and regulations for the safe

 

installation, repair, maintenance, use, operation and inspection of

 

all carnival-amusement rides as the board department finds

 

necessary for the protection of the general public using who use

 

carnival and amusement rides. The definitions, codes, and rules and

 

regulations shall be reasonable and based upon on generally

 

accepted engineering standards, formulas, and practices and shall

 

be issued in accordance with the provisions of Act No. 88 of the

 

Public Acts of 1943, as amended, being sections 24.71 to 24.80 of

 

the Compiled Laws of 1948, and subject to Act No. 197 of the Public

 

Acts of 1952, as amended, being sections 24.101 to 24.110 of the

 

Compiled Laws of 1948.promulgated under the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

 

     Sec. 7. The director shall administer and enforce this act and

 

all codes , and rules , and regulations promulgated by the board.

 

department.

 

     Sec. 10. No A person shall not operate a carnival-amusement

 

ride without a permit issued by the director. On or before March 1

 

of each year, an operator shall apply for a permit to the director

 

on a form furnished by the director and containing such the

 

information as the board may require. All required by the

 

department. A carnival-amusement rides ride shall be inspected

 

before they are it is originally put into operation for the


 

public's use and thereafter at least once every year while in

 

operation, unless operation of the ride is authorized to operate on

 

a temporary permit. Carnival-amusement rides may also be inspected

 

The department may also inspect a carnival-amusement ride each time

 

they are it is disassembled and reassembled.

 

     Sec. 11. If, after inspection, a carnival-amusement ride is

 

found to comply with the rules and regulations of the board, of the

 

department, the inspector shall issue a permit to operate.

 

     Sec. 13. The director or board may order, in writing, a

 

temporary cessation of operation of a carnival-amusement ride if it

 

has been is determined after inspection to be hazardous or unsafe.

 

Operation of the ride shall not resume until such conditions are

 

the hazardous or unsafe condition is corrected to the satisfaction

 

of the director. or board.

 

     Sec. 14. This act shall not be construed to does not prevent

 

the use of any existing installation which upon inspection is found

 

to be carnival-amusement ride if an inspection finds that the ride

 

is in a safe condition and in conformance with conforms to the

 

rules and regulations of the board.department.

 

     Sec. 15. If there are practical difficulties or unnecessary

 

hardships for an operator to comply with the rules and regulations

 

under this act, the director , with the approval of the board, may

 

modify the application of such those rules or regulations if the

 

spirit of the rules and regulations shall be is observed and the

 

public safety is secure. Any operator may make a written request to

 

the board department stating his its grounds and applying for such

 

a modification described in this section. Any authorization by the


 

director and the board shall under this section must be in writing

 

and shall describe the conditions under which the modifications are

 

modification is permitted. A The department shall keep a record of

 

all modifications shall be kept in the department and under this

 

section that is open to the public.

 

     Enacting section 1. Sections 3, 4, and 5 of the carnival-

 

amusement safety act of 1966, 1966 PA 225, MCL 408.653, 408.654,

 

and 408.655, are repealed.