An Act To Restore Public Safety Programs in the Department of Public Safety and the Department of Professional and Financial Regulation
Maine Legislature, Session 127, LD 0697
Committee Amendment CA_B_H146 (House)
Amends: 8 MRSA §658, 22 MRSA §1607

COMMITTEE AMENDMENT ,]" to H.P. 473, L.D. 697, Bill, "An Act To 
Restore Public Safety Programs in the Department of Public Safety and the Department 
of Professional and Financial Regulation" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Restore Public Safety Programs in the Department of Public Safety' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'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, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 8 MRSA c. 18 is enacted to read: 
CHAPTER 18 
AMUSEMENT RIDES AND SHOWS 
§471. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT:B" to H.P. 473, L.D. 697 
1. Amusement ride. "Amusement ride" means a device or combination of devices 
or elements that carry, conveyor direct a person over or through a fixed or restricted 
course or within a defined area for the primary purpose of amusement or entertainment. 
"Amusement ride" does not include nonmechanized playground equipment or a coin-
operated ride that is manually, mechanically or electrically operated, is customarily 
placed in a public location and does not normally require the supervision or services of an 
operator. 
2. Amusement ride inspector. "Amusement ride inspector" means an amusement 
ride inspector employed by the Office of the State Fire Marshal. 
3. Amusement show. "Amusement show" means a fixed or traveling show, whether 
held indoors or outdoors, for which admission is charged and that is designed to provide 
amusement to members of the public, except that "amusement show" does not include a 
circus. "Amusement show" includes but is not limited to a carnival, thrill show, ice show 
and rodeo. 
4. ASTM standards. "ASTM standards" means standards for amusement rides 
established by American Society for Testing and Materials International or a successor 
organization and adopted by the commissioner by rule. 
5. Commissioner. "Commissioner" means the Commissioner of Public Safety. 
6. Operator. "Operator" means an individual having direct control of the starting, 
stopping or speed of an amusement ride. 
7. Owner. "Owner" means a person who owns or leases or manages the operation of 
an amusement ride. 
8. Rider. "Rider" means a customer of an amusement ride. "Rider" includes a 
customer of an amusement ride who is waiting in the vicinity to get on the amusement 
ride and a departing customer who is still in the vicinity of the amusement ride. 
§472. Amusement rides 
1. 
Inspection required. 
An amusement ride must be inspected at least once 
annually by an amusement ride inspector. 
A. In order to be operated in this State, an amusement ride must comply with the 
applicable ASTM standards for that amusement ride. 
B. An amusement ride that is not operated in the State on a year-round basis must be 
inspected in the same calendar year in which the amusement ride is operated in the 
State, prior to either July 1 st or the first operation of the amusement ride in the State, 
whichever is sooner. 
C. If an inspection reveals that an amusement ride does not meet the applicable 
ASTM standards, an amusement ride inspector shall notify the owner of all defects. 
D. An operator may not operate an amusement ride unless the amusement ride 
passed the most recent annual inspection required by this section. 
E. Before an amusement ride may be operated, an amusement ride inspector must 
affix to the amusement ride an inspection decal that contains the date the amusement 
ride passed inspection and an identifying number of the inspection decal. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT :8" to H.P. 473, L.D. 697 
F. An amusement ride that has been modified or altered in a manner that changes its 
dynamics or control system from that of the original manufacturer's design or 
specification since its most recent annual inspection must be inspected by an 
amusement ride inspector before it may be operated in the State. 
G. Following a serious injury or illness involving an amusement ride, the amusement 
ride must be inspected by an amusement ride inspector and approved by the 
commissioner before it may be operated in the State. As used in this paragraph, 
"serious injury or illness" means an injury or illness that results in death, 
dismemberment, disfigurement, compound fracture of a body part or permanent loss 
of the use of a body part or organ, function or system or that requires hospital 
admission within 24 hours of the occurrence of the injury or illness involving the 
amusement ride. 
H. An owner or operator shall make an amusement ride available for inspection at all 
reasonable times and places upon request of an amusement ride inspector. 
2. Insurance requirements. An owner shall provide an amusement ride inspector 
with a copy of a certificate of public liability insurance in a minimum amount of 
$1,000,000 at the time of inspection. 
3. Operator requirements. An owner must have a documented training policy for 
the operation of each amusement ride owned by the owner. The owner shall maintain a 
written certification for each operator, providing documented proof that the operator has 
received the training required by the training policy for the amusement ride. 
4. Recording and reporting. An owner shall maintain a first aid incident report log 
for all rider injuries or illnesses, other than minor injuries or illnesses, resulting from the 
operation of an amusement ride. The report log must include the following: 
A. The date the injury or illness occurred; 
B. 
The name, address and telephone number of the rider who received first aid 
service or treatment; 
C. The age of the rider; 
D. The manufacturer and serial number of the amusement ride involved in the injury 
or illness; 
E. A description of the injury or illness; 
F. A description of any first aid service or treatment administered; and 
G. Any other information considered pertinent by the owner. 
5. Violation. A person who operates an amusement ride in violation of this section 
commits a civil violation for which a fine of not more than $1,000 may be assessed upon 
the owner of the amusement ride. 
6. Application and inspection required. A person may not operate an amusement 
ride prior to filing an application with the Office of the State Fire Marshal and before the 
amusement ride passes inspection as required in this section. An application must be 
accompanied by payment of an application fee in an amount set by rule adopted by the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT £ . to H.P. 473, L.D. 697 
commissioner not to exceed $50 per amusement ride. An application must include the 
following: 
A. The name of the person or corporation operating the amusement ride; 
B. A statement of proposed territory within the limits of the State, including the 
names of the cities and towns, in which the amusement ride is to operate; and 
C. 
A certificate of public liability insurance from an insurer approved by the 
commissioner in accordance with subsection 2. 
§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 
1. License required. A person may not operate an amusement show without first 
obtaining a license from the commissioner. 
A license application must include the 
following: 
A. The name of the person or corporation operating the amusement show; 
B. A statement of proposed territory within the limits of the State, including the 
names of the cities and towns, in which the amusement show is to operate; and 
C. 
A certificate of public liability insurance from an insurer approved by the 
commissioner in an amount established by the commissioner by rule. 
2. License fee. The license fee to operate an amusement show is $300 annually. 
3. Violation. A person who operates an amusement show in violation of this section 
commits a civil violation for which a fine of not more than $1,000 may be adjudged. 
§475. Traveling circus and amusement devices 
1. License required. A traveling circus may not operate or exhibit any parade, show 
or entertainment in this State without first obtaining a license from the commissioner for 
each calendar year. An amusement device may not be operated in this State without first 
obtaining a license from the commissioner. 
A license application must include the 
following: 
A. The name of the person or corporation using or operating the traveling circus or 
amusement device; 
B. A statement of proposed territory within the limits of the State, including the 
names of the cities and towns, in which the traveling circus or amusement device is to 
exhibit or operate; and 
C. 
A certificate of public liability insurance from an insurer approved by the 
commissioner in an amount to be determined by the commissioner by rule. 
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. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT:8 .. to H.P. 473, L.D. 697 
2. License fees. The following license fees apply. 
A. For traveling circuses that are held outdoors or under tents or similar temporary 
cover or enclosure, the fee is $500. 
B. For traveling circuses held indoors in an auditorium, arena, civic center or similar 
type building, the fee is $300. 
For traveling circuses produced in their entirety by a nonprofit charitable organization, a 
license is required but no fee is charged. 
3. Inspection fee. An amusement device may be inspected as determined necessary 
to protect the public safety by the commissioner. The amusement device inspection fee is 
$75 per inspector per hour with a minimum charge of $75. 
4. Amusement device defined. For purposes of this section, "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, bun gee jumping and water slides, regardless of whether a 
fee to use the device is charged. "Amusement device" does not include an amusement 
ride, 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 amusement device on a nonmoving base that is designed to accommodate 
one child. 
§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 1 g 20 to 25. 
Sec. 3. 8 MRS A §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 +& 20 to 25 must be recovered by 
complaint for the use ofthe town where incurred. 
Sec. 4. 22 MRSA §1607, as amended by PL 2013, c. 595, Pt. U, §8, is further 
amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT~' to H.P. 473, L.D. 697 
§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, cDCll3ter chapters 11 and 18. 
Emergency clause. 
In view . of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment is the minority report of the committee. The amendment deletes 
from the bill the provision related to inspection of steam boilers in schoolhouses. The 
amendment deletes from the bill reference to private certified inspectors for amusement 
rides and inserts inspectors employed by the Office of the State Fire Marshal. The 
amendment deletes from the bill the provisions on inspection decals that related to 
inspection by private sector inspectors and inserts provisions related to inspection by 
inspectors who are employed by the Office of the State Fire Marshal. The amendment 
specifies the application process for amusement rides and sets the fee at a level not to 
exceed $50 per ride as established by the Commissioner of Public Safety by rule. The 
amendment specifies that the insurer that issues the liability insurance policy for 
operators of amusement rides, amusement shows and traveling circuses and amusement 
devices must be approved by the Commissioner of Public Safety. 
The amendment 
specifies the information required for an application for amusement rides and amusement 
shows. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 05/08115 
wa~ 
LD 697 
LR 526(03) 
An Act To Restore Public Safety Programs in the Department of Public Safety and the Department of 
Professional and Financial Regulation 
Fiscal Note for Bill as Amended by Committee Amendment :f> ( H -J ~ 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2015-16 
FY 2016-17 
Revenue 
Other Special Revenue Funds 
$83,925 
$83,925 
Fiscal Detail and Notes 
Projections 
FY 2017-18 
$83,925 
Proj ections 
FY 2018-19 
$83,925 
The bill establishes amusement ride inspection requirements with a fee of $75 per hour. It also establishes a permit 
application process with a $50 fee. Other Special Revenue Funds revenue within the Department of Public Safety will 
increase by $83,925 beginning in fiscal year 2015-16 from these fees based upon 775 hours to inspect rides and 516 
pennits. 
LR0526(03) - Fiscal Note - Page 1 of 1