Bill Text
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.
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