An Act To Increase the Safety of Amusement Rides
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, amusement rides must be regularly inspected to ensure the safety of the public; and
Whereas, the authority of the Department of Public Safety, Office of the State Fire Marshal to ensure the public safety and fulfill its responsibility to inspect amusement rides was repealed pursuant to Public Law 2013, chapter 595, Part U, section 4; and
Whereas, immediately reinstating the State Fire Marshal's authority to inspect amusement rides will ensure that inspections will proceed as soon as possible and before the fair season begins; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 8 MRSA c. 18 is enacted to read:
PUBLIC EXHIBITIONS, TRAVELING SHOWS AND AMUSEMENTS
§ 481. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
§ 482. Exhibitions, performances requiring license from municipality
An exhibition or performance that takes place at a museum is not subject to the requirements of this section.
§ 483. Amusements requiring license from the State
License fees must be credited to a special revenue account to defray expenses in carrying out this section. A balance of fees may not lapse but must be carried forward as a continuing account to be expended for the same purpose in subsequent fiscal years.
§ 484. Rulemaking
The Commissioner of Public Safety shall adopt rules to implement this chapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
Public Law 2013, chapter 595, Part U, section 4 repealed the Maine Revised Statutes, Title 8, chapter 19, which governed the licensing of exhibitions, performances and amusement shows, including the authority of the Department of Public Safety, Office of the State Fire Marshal to inspect amusement shows and amusement devices. This bill restores the repealed language and specifies that a hayride is included within the definition of an "amusement device" over which the Department of Public Safety, Office of the State Fire Marshal has licensing and inspection authority.