HOUSE BILL NO. 4585
May 14, 2019, Introduced by Rep. Albert and
referred to the Committee on Regulatory Reform.
the people of the state of michigan enact:
Sec. 1. This act shall be known and may be cited as the "fair and festival carnival safety partnership act".
(a) "Carnival rider" means a rider of a carnival or amusement ride as that term is defined in section 2 of the carnival-amusement safety act of 1966, 1966 PA 225, MCL 408.652.
(b) "Department" means the department of agriculture and rural development.
(c) "Director" means the director of the department.
(d) "Fair and festival carnival safety partnership program" or "program" means the fair and festival carnival safety partnership program provided for under section 3.
Sec. 3. (1) The director shall create and administer a voluntary fair and festival carnival safety partnership program for awarding recognition to agricultural fairs and festivals in this state that meet certain standards related to the health and safety of patrons. The department shall award recognition to agricultural fairs and festivals that meet the eligibility requirements provided for in this act by naming the fair or festival a "Fair and Festival Carnival Safety Partner", or similar.
(2) The director shall promulgate rules and procedures for implementing the program described in subsection (1) in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. The rules and procedures promulgated by the director under this subsection shall provide for, but are not limited to, all of the following:
(a) An application process by which an owner or operator of a fair or festival, or a person acting on behalf of a fair or festival, may apply for recognition as a fair and festival carnival safety partner.
(b) Upon approval of an application submitted under subdivision (a), the signing of an agreement by the owner or operator of the fair or festival, or a person acting on behalf of the fair or festival, stating that the fair or festival will uphold the standards for partnership recognition established by the department.
(c) The collection of a partnership fee from the fair or festival that is reasonably calculated to meet the costs of the program not to exceed $300.00.
(d) Eligibility standards for awarding recognition as a fair and festival carnival safety partner under this act. The eligibility standards shall include, but are not limited to, all of the following:
(i) Demonstrated compliance with all state and federal laws regarding patron safety, occupational health and safety, and other applicable health and safety standards.
(ii) Identifiable efforts by the fair or festival to promote awareness of carnival rider health and safety.
(iii) Designation by the fair or festival of a safety representative who is responsible for compliance with the partnership requirements established under this act and the related procedures and documentation.
(3) A partnership awarded under this act is valid for 3 years beginning on the date of approval of an application submitted under subsection (2). The owner or operator of a fair or festival, or a person acting on behalf of a fair or festival, may apply for renewal of a partnership awarded under this act by applying to the department in accordance with the same process as described in subsection (2).
Sec. 5. (1) The department shall develop and provide to a fair or festival that is awarded recognition under this act a banner, or similar, that includes the printed phrase, "Fair and Festival Carnival Safety Partner", or similar, and other promotional materials as determined by the department.
(2) The department shall establish, or cause to be established, a webpage on its website that provides the public with a summary of the program established under this act and lists the fairs and festivals that are safety partner award recipients under this act.