Bill Text: MI HB4691 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Occupations; business licensing and regulation; carnival amusement safety board; abolish. Amends title & secs. 6, 7, 10, 11, 13, 14 & 15 of 1966 PA 225 (MCL 408.656 et seq.) & repeals secs. 3, 4 & 5 of 1966 PA 225 (MCL 408.653 et seq.).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2014-06-11 - Assigned Pa 163'14 With Immediate Effect [HB4691 Detail]
Download: Michigan-2013-HB4691-Introduced.html
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.
