SENATE BILL NO. 253
A bill to amend 1966 PA 225, entitled
"Carnival-amusement safety act of 1966,"
by amending the title and sections 2, 10, 11, 17, and 20 (MCL 408.652, 408.660, 408.661, 408.667, and 408.670), the title and section 11 as amended by 2014 PA 163, sections 2 and 17 as amended and section 20 as added by 2000 PA 346, and section 10 as amended by 2020 PA 163, and by adding section 19a.
the people of the state of michigan enact:
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 provide for the powers and duties of certain state governmental officers and entities; to provide for the disposition of revenues; and to require the promulgation of rules; to prescribe civil sanctions; to prescribe penalties; and to provide remedies.
(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 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) "Owner" means any person who owns or leases and controls or manages the operation of a carnival or amusement ride, and includes an individual, partnership, corporation, both profit and nonprofit, or the state and any of its political subdivisions and their departments or agencies.
(g) (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.
(h) "Serious injury" means a physical injury that is not necessarily permanent, but that constitutes serious bodily disfigurement or that seriously impairs the functioning of a body organ or limb. Serious injury includes, but is not limited to, 1 or more of the following:
(i) Loss of a limb or use of a limb.
(ii) Loss of a hand, foot, finger, or thumb or use of a hand, foot, finger, or thumb.
(iii) Loss of an eye or ear or use of an eye or ear.
(iv) Loss or substantial impairment of a bodily function.
(v) Serious visible disfigurement.
(vi) A comatose state that lasts for more than 3 days.
(vii) Measurable brain damage or mental impairment.
(viii) A skull fracture or other serious bone fracture.
(ix) Subdural hemorrhage or hematoma.
(i) (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.
(j) (h) "Special inspector commission" means an authorization issued annually by the department that requires an operator, owner or operator, or the 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. 10. (1) A person An owner shall not operate a carnival-amusement ride without a permit issued by the director. On or before March 1 of each year, an operator owner shall apply for a permit to the director on a form furnished by the director and containing the information required by the department. The department shall inspect a carnival-amusement carnival or amusement ride before it is initially put into operation for the public's use and at least once every year while in operation, unless operation of the carnival or amusement ride is authorized on a temporary permit. The department may also inspect a carnival-amusement carnival or amusement ride each time it is disassembled and reassembled. The department shall not issue a permit to an owner unless the owner satisfies the requirements described in section 19a.
(2) An individual may operate a carnival-amusement carnival or amusement ride if the individual is at least 16 years of age. The department shall not promulgate a rule that requires an individual to be more than 16 years of age to operate a carnival-amusement carnival or amusement ride.
(3) An individual shall not operate a carnival-amusement carnival or amusement ride unless that individual has been trained in all of the following:
(a) The operating procedures specific to the carnival or amusement ride.
(b) The specific duties applicable to each of the carnival-amusement carnival or amusement ride's assigned positions.
(c) The general procedures of the carnival or amusement park.
(d) The general and ride-specific safety procedures that the individual must follow in the event of an unusual condition, interruption in operation, injury, emergency, or evacuation.
Sec. 11. If, after inspection, a carnival-amusement carnival or amusement ride is and its owner are found to comply be in compliance with this act and the rules of promulgated by the department under this act, the inspector shall issue a permit to operate.
Sec. 17. (1) A temporary cessation of operations of a carnival-amusement ride may be ordered by the director when the inspection of the ride has been impeded, obstructed or interfered with. The order to cease operations shall remain in effect until an inspection has been made and the ride has been found safe for use.The department may deny, suspend for a specified period of time under subsection (3), or revoke any permit issued under this act.
(2) In addition to denial, suspension, or revocation under subsection (1), the department may impose an administrative fine not to exceed $2,500 for each violation, for each day the violation exists, against the owner of the carnival or amusement ride if the department or a federal, state, or local law enforcement officer finds that a carnival or amusement ride has operated or is operating under any of the following conditions:
(a) With a mechanical, structural, or electrical defect that affects patron safety, of which the owner or operator has knowledge, or, through the exercise of reasonable diligence, should have knowledge.
(b) In a manner or circumstance that presents a risk of serious injury to a patron.
(c) At a speed in excess of its maximum safe operating speed.
(d) In violation of this act or any rule adopted under this act.
(e) In violation of an order issued by the department or any court with appropriate jurisdiction.
(3) If the department suspends a permit under subsection (1), the department shall, in its order suspending the permit, specify the period of time during which the suspension is effective. The effective period of the suspension may not exceed 30 days. The permit must remain suspended during the period so specified, subject to any rescission or modification of the order by the department, or a modification or reversal of the suspension ordered by a court with appropriate jurisdiction, prior to the expiration of the suspension period. Before the expiration of the suspension period, the owner may apply for an inspection of the carnival or amusement ride that is the subject of the suspension. If an owner applies for such an inspection, the department shall inspect the carnival or amusement ride not more than 5 business days after the date on which the owner applies for the inspection. After an inspection during a suspension period, if the carnival or amusement ride is found to be in compliance, the permit must be reinstated. If after the expiration of a suspension period specified under this subsection, the carnival or amusement ride is found to remain in noncompliance, the department shall order an additional suspension with an effective period not to exceed 15 days. After a final inspection following that additional suspension period, if the department finds the carnival or amusement ride to remain in noncompliance, the department may revoke the permit for the carnival or amusement ride.
(4) If a permit for a carnival or amusement ride is revoked by the department under this section, the owner of the carnival or amusement ride may not apply for another permit or inspection certificate for that ride for a period of 1 year beginning on the date on which the department ordered the revocation. If judicial review is sought and a stay of the revocation is obtained, the owner may not apply for another permit or inspection certificate for a period of 1 year beginning on the date of a final order of the court sustaining the revocation.
(5) During a period of suspension or revocation of a permit, an owner may not engage in or attempt to engage in any operation of the carnival or amusement ride for which a permit or inspection certificate is required under this act.
(6) The department shall grant additional time to be added to a suspension period ordered under this section if an owner requests additional time not more than 10 days after the date on which the suspension was ordered.
(7) In addition to the remedies provided in this section, and notwithstanding the existence of any other adequate remedy at law, the department may bring an action to enjoin the violation of any provision of this act, or any rule promulgated by the department under this act, in the circuit court of the county in which the violation occurs or is about to occur. On competent and substantial evidence of the violation or threatened violation presented by the department to the court, the court shall immediately issue the temporary or permanent injunction sought by the department. The court shall issue the injunction without bond.
(8) Before imposing a fine or seeking any remedies or penalties under this section for a violation of this act, or any rule promulgated by the department under this act, the department may issue a letter of warning to the owner of the carnival or amusement ride specifying the violation and directing the owner to immediately correct the violation.
(9) (2) Except for the late payment of fees as provided in section 8(2) and except as provided in subsection (3), (10), a person who violates this act is guilty of a misdemeanor. Each day a violation occurs is a separate offense.
(10) (3) The penalty provided in subsection (2) (9) does not apply to the violation of this act by a rider or the rider's parent or guardian.
Sec. 19a. (1) On request, an owner shall, at no cost to the department, provide the department a copy of the manufacturer's current recommended operating instructions in the possession of the owner for a carnival or amusement ride owned by the owner and any written bulletins in the possession of the owner concerning the safety, operation, or maintenance of the carnival or amusement ride.
(2) The owner or operator of a carnival or amusement ride shall maintain, on a form prescribed by rule of the department, a record of training for each employee authorized to operate, assemble, disassemble, or conduct maintenance on a carnival or amusement ride. In place of the form prescribed by the department, an owner may request approval of an alternative form if the alternative form includes, at a minimum, the information required on the form prescribed by the department. A record of training required under this subsection must be accessible by the owner and made available to the department on request.
(3) The owner of a carnival or amusement ride shall maintain, on a form prescribed by rule of the department, a record of employee training on emergency response procedures. In place of the form prescribed by the department, the owner may request approval of an alternative form if the alternative form includes, at a minimum, the information required on the form prescribed by the department. A record of the training required under this subsection must be accessible by the owner and made available to the department on request.
Sec. 20. (1) Before leaving the operator's premises, a rider of a carnival or amusement ride, or his or her parent or guardian, shall report in writing to the operator or an employee or agent of the operator, on a form provided by the operator or the employee or agent of the operator, any injury sustained on a carnival or amusement ride. The report shall must include all of the following information:
(a) The name, address, and telephone number of the injured person.
(b) A brief description of the incident, the injury claimed, and the location, date, and time of the injury.
(c) The cause of the injury, if known.
(d) The name, address, and telephone number of any witness to the incident.
(2) If the rider of a carnival or amusement ride, or his or her parent or guardian, is unable to file a report under subsection (1) because of the severity of the rider's injuries, the rider, or his or her parent or guardian, shall file the report as soon as reasonably possible. The failure of a rider, or his or her parent or guardian, to report an injury under this section does not affect the rider's right to bring a civil action related to the incident.
(3) An owner or operator of a carnival or amusement ride shall report within 12 hours to the department by email any accident in which a fatality occurs or an individual suffers a serious injury resulting from the structural or mechanical failure of a carnival or amusement ride, or in which it appears that the construction, design, or function of the carnival or amusement ride may have directly contributed to the fatality or serious injury. The department, after consultation with the owner of a carnival or amusement ride involved in a fatality or an injury described in this subsection, may require that the scene of the accident where the fatality or injury occurred be secured and not disturbed to any greater extent than necessary for the removal of a deceased or injured individual. If a carnival or amusement ride is removed from service due to an accident, and the department requires that the scene of the accident be secured, the department shall order an immediate investigation of the secured site and the carnival or amusement ride must not be released for repair or operation until after the investigation is completed.
Enacting section 1. This amendatory act takes effect September 30, 2022.