An Act To Restore Public Safety Programs in the Department of Public Safety
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation needs to take effect before the expiration of the 90-day period to enhance public safety by restoring regulation and inspection of amusement rides, amusement shows, traveling circuses and amusement devices by the Office of the State Fire Marshal; 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:
AMUSEMENT RIDES AND SHOWS
§ 471. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
§ 472. Amusement rides
§ 473. Amusement ride inspection fee
The amusement ride inspection fee is $75 per inspector per hour with a minimum charge of $75.
§ 474. Amusement shows
§ 475. Traveling circus and amusement devices
Upon receipt of the application, accompanied by a certificate of public liability insurance and, for a traveling circus required to pay a license fee under subsection 2, payment of the required fee, the commissioner shall issue a license.
For traveling circuses produced in their entirety by a nonprofit charitable organization, a license is required but no fee is charged.
§ 476. Rulemaking
The commissioner shall adopt rules to implement this chapter. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
Sec. 2. 8 MRSA §658, as amended by PL 2013, c. 595, Pt. U, §5, is further amended to read:
§ 658. Unincorporated places
County commissioners within their counties and counties within their limits shall respectively exercise over unincorporated places all the powers of municipal officers and towns under chapters 3, 7 and 18 20 to 25.
Sec. 3. 8 MRSA §701, as amended by PL 2013, c. 595, Pt. U, §6, is further amended to read:
§ 701. Jurisdiction
All penalties provided in chapters 3, 7 and 18 20 to 25 must be recovered by complaint for the use of the town where incurred.
Sec. 4. 22 MRSA §1607, as amended by PL 2013, c. 595, Pt. U, §8, is further amended to read:
§ 1607. Application
This chapter does not apply to fairs licensed, defined and regulated under Title 7, chapter 4, or military activities. It does not apply to persons, associations, corporations, trusts or partnerships licensed under Title 8, chapter chapters 11 and 18.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.