HOUSE BILL NO. 4584
May 14, 2019, Introduced by Rep. Albert and
referred to the Committee on Regulatory Reform.
May 14, 2019, Introduced by Rep. Albert and referred to the Committee on Regulatory Reform.
"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:
(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.