An Act To Privatize the Inspection of Amusement Rides in Maine
Maine Legislature, Session 125, LD 1745
Committee Amendment CA_A_H874 (House)
Amends: 8 MRSA §502

COMMITTEE AMENDMENT "{i,, to H.P. 1287, L.D. 1745, Bill, "An Act To 
Privatize the Inspection of Amusement Rides in Maine" 
Amend the bill by striking out the title and substituting the following: 
'An Act Regarding the Fee for Amusement Ride Inspections and the Development of 
Options To Move the Responsibility of the Inspections from the Office of the State 
Fire Marshal' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 8 MRSA §502, 2nd ~, as amended by PL 1995, c. 533, §1, is further 
amended to read: 
A traveling circus, traveling amusement show or amusement device may not operate 
or exhibit any parade, show or entertainment in this State without fIrst paying a license 
fee for each calendar year. 
Application for the license must be made to the 
Commissioner of Public Safety and contain the name of the person or corporation using 
or operating the traveling circus, traveling amusement show or amusement device, and a 
statement of proposed territory within the limits of the State, and names of the cities and 
towns in which the traveling circus, traveling amusement show or amusement device is to 
operate or exhibit. A traveling circus or traveling amusement show or amusement device 
may not exhibit any parade, show or entertainment in this State without fIrst furnishing 
the Commissioner of Public Safety, in an amount to be determined by the commissioner, 
a certifIcate of public liability insurance issued by an authorized insurer or approved 
surplus lines insurer pursuant to Title 24-A or any risk retention group registered in any 
state pursuant to 15 United States Code, Chapter 65 or through a purchasing group 
registered in any state pursuant to 15 United States Code, Chapter 65. Upon receipt of 
the application, accompanied by a certifIcate of public liability insurance and upon 
payment of the required fee, a license is issued. For amusement shows, and for carnivals, 
thrill shows, ice shows, rodeos or similar types of performances that are held indoors or 
outdoors and have amusement devices, the fee is $50. For carnivals, thrill shows, ice 
shows, rodeos or similar types of performances that are held indoors or outdoors and do 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 1287, L.D. 1745 
not have amusement devices, the fee is $300. For circuses that are held outdoors or under 
tents or similar temporary cover or enclosure the fee is $500. For circuses held indoors in 
an auditorium, arena, civic center or similar type building the fee is $300. For circuses 
produced in their entirety by a nonprofit, charitable organization a license is required but 
no fee is charged. 
The amusement device lieeRse inspection fee is $.W $75 per 
aHH:lSemeRt devise inspector per hour with a minimum charge of $75. 
i'L tra-veliRg 
aHH:lSemeRt SHe'll, HaviRg aHlHSemeRt devises aRd HaviRg sesl:lred a traveliRg aHH:lSemeRt 
SHew lieaRse, HH:lst flay aR additieRal aHH:lSameRt de'liee lieeRse fee fer easH aHH:lSemeRt 
devise e'ier 5 rides. "Amusement device" means a device by which a person is carried or 
conveyed, or is allowed to move on, around or over a fixed course within a defined area 
intended to thrill, excite or amuse, including, but not limited to, bungee jumping and 
water slides, regardless of whether a fee to operate is required. It does not include a 
vehicle or device the operation of which is regulated as to safety by any other provision 
of law, except a municipal ordinance under Title 30-A, section 3001 or any coin-operated 
kiddie amusement device on a nonmoving base that is designed to accommodate one 
child. 
Sec. 2. 
Office of the State Fire Marshal to develop alternatives for 
oversight of amusement ride inspections to include private inspectors, the 
Department of Professional and Financial Regulation and other inspection 
alternatives. The Department of Public Safety, Office of the State Fire Marshal shall 
develop alternative options for oversight of amusement ride inspections to include 
transferring oversight or responsibility of inspections to private inspectors and to the 
Department of Professional and Financial Regulation, Office of Professional and 
Occupational Regulation and other inspection alternatives. 
The options, where 
applicable, must include the following: 
1. 
A transition plan that includes a time line and details how responsibility for 
amusement ride inspections will transition from the Office of the State Fire Marshal to an 
appropriate number of amusement ride inspectors who are not employed by the office and 
ensures that the office will have an appropriate level of certified staff to provide 
inspections for quality assurance, accident investigation and complaint investigation and 
to reopen closed rides; 
2. A detailed inspection process; 
3. Alternative certification requirement options for amusement ride inspectors in 
addition to national standards; 
4. A means to ensure that a certified ride inspector cannot inspect a ride if the 
inspector owns the ride or if the inspector is an employee of the amusement show where 
the ride is located; 
5. 
A detailed amusement ride inspector certification program that includes: 
certification qualifications and requirements, including a background check; grounds and 
process for certification denial, revocation and refusal to renew; a process for appeals; 
and details on certificate expiration and renewal; 
6. A process to report injuries that follows statutory confidentiality requirements and 
clearly defines what types of injuries are reported, who receives the report and what is 
done with the report; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,It" to H.P. 1287, L.D. 1745 
7. Insurance requirements that meet industry standards; 
8. 
Clarification of amusement show insurance requirements and amusement ride 
insurance requirements; 
9. The cost to the state and the regulated industry of a change in the oversight of 
amusement ride inspections; 
10. A summary of steps necessary to move the inspection program to the Department 
of Professional and Financial Regulation, Office of Professional and Occupational 
Regulation; and 
11. Information regarding any other inspection alternatives. 
Sec. 3. Reporting date established. The Department of Public Safety, Office of 
the State Fire Marshal shall report on the options developed pursuant to section 2 and 
make recommendations that include the benefits and disadvantages of each option and 
provide draft legislation to the joint standing committee of the Legislature having 
jurisdiction over criminal justice and public safety matters by January 15,2013. 
Sec. 4. Authority to report out legislation. Upon receiving the report of the 
Department of Public Safety, Office of the State Fire Marshal pursuant to section 3, the 
joint standing committee of the Legislature having jurisdiction over criminal justice and 
public safety matters may report out legislation to the First Regular Session of the 126th 
Legislature regarding an alternative for amusement ride inspections. 
Sec. 5. Appropriations and allocations. The following appropriations and 
allocations are made. 
PUBLIC SAFETY, DEPARTMENT OF 
Fire Marshal - Office of 0327 
Initiative: Provides additional allocation as a result of increasing fees related to 
amusement rides. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2011-12 
$0 
$0 
2012-13 
$67,500 
$67,500 
SUMMARY 
This amendment replaces the bill and is the majority report of the committee. The 
amendment changes the fee for a license for an amusement show, carnival, thrill show, 
ice show, rodeo or similar type of performance that has amusement devices from $300 to 
$50. It also changes the cost of an amusement device inspection to a $75 per hour per 
inspector inspection fee for each device with a minimum $75 charge. The amendment 
also directs the Department of Public Safety, Office of the State Fire Marshal to develop 
alternative options and make recommendations to move the oversight or responsibility of 
amusement ride inspections from that office to private inspectors or to the Department of 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT "R" to H.P. 1287, L.D. 1745 
Professional and Financial Regulation and other inspection alternatives. The amendment 
requires the Office of the State Fire Marshal to include the cost to the State and the 
regulated industry of a change in the oversight and to report and make recommendations 
to the joint standing committee of the Legislature having jurisdiction over criminal justice 
and public safety matters by January 15, 2013, along with draft legislation. It gives the 
committee authority to report out legislation for an alternative to the amusement ride 
inspection program. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMIT·TEE AMENDMENT 
Approved: 03128/12 ;t:yac 
LD 1745 
LR 2560(02) 
An Act To Privatize the Inspection of Amusement Rides in Maine 
Fiscal Note for Bill as Amended by Committee Amendment "k'cH -~1Lf) 
Committee: Criminal Justice and Public Safety 
Appropriations/Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2011-12 
FY2012-13 
$0 
$67,500 
$0 
$67,500 
Projections 
FY2013-14 
$67,500 
$67,500 
Projections 
FY 2014-15 
$67,500 
$67,500 
This legislation makes changes to the fee structure for amusement ride licenses and would result in an increase in 
Other Special Revenue Funds revenue of $67,500 in fiscal year 2012-13 to the Department of Public Safety. The bill 
includes a corresponding Other Special Revenue Funds allocation to the department. The department will incur 
$13,362 in overtime costs, which would be covered by the increased revenue, to develop a plan to privatize the 
inspection of amusement rides and report the results. This estimate assumes 350 hours of overtime would be incurred. 
LR2560(02) - Fiscal Note - Page 1 of 1