reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 390 of 1978 - Payment of Wages and Fringe Benefits (408.471 - 408.490) › Section 408.486 - Issuance of Check or Other Order for Payment of Wages; Violation; Penalty; Prima Facie Evidence.

408.486 Issuance of check or other order for payment of wages; violation; penalty; prima facie evidence.
Sec. 16.
(1) An employer who issues a check or other order for the payment of wages and who, at the time of issuance, knows or should know that the check or other order shall not be paid, is guilty of a misdemeanor, punishable by a fine of not more than $1,000.00, or imprisonment for not more than 1 year, or both.
(2) Any of the following is prima facie evidence that the person at the time of issuance of the check or other order for the payment of wages, knew or should have known it should not be paid:
(a) Proof that, at the time of issuance, there was not an account with the drawee.
(b) Proof that, at the time of issuance, there were not sufficient funds or credit with the drawee and that the employer failed within 5 days after receiving notice of nonpayment or dishonor to pay the check or other order.
(c) Proof that even though presentment was made within a reasonable time, the employer did not have sufficient funds or credit with the drawee, and failed within 5 days after receiving notice of nonpayment or dishonor to pay the check or other order.
History:
1978, Act 390, Imd. Eff. Aug. 1, 1978
Compiler's Notes:
For creation of bureau of worker's and unemployment compensation within department of consumer and industry services; transfer of powers and duties of bureau of worker's compensation and unemployment agency to bureau of worker's and unemployment compensation; transfer of powers and duties of director of bureau of worker's compensation and director of unemployment agency to director of bureau of worker's and unemployment compensation; and, transfer of powers and duties of wage and hour division of worker's compensation board of magistrates to bureau of worker's and unemployment compensation, see E.R.O. No. 2002-1, compiled at MCL 445.2004 of the Michigan Compiled Laws.For creation of the new wage and hour division as a type II agency within the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the former wage and hour division of the department of consumer and industry services, transferred to the bureau of worker's and unemployment compensation, to the new wage and hour division within the department of labor and economic growth by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For the transfer of powers and duties of the department of licensing and regulatory affairs to the department of labor and economic opportunity, see E.R.O. No. 2019-3, compiled at MCL 125.1998.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 390 of 1978 - Payment of Wages and Fringe Benefits (408.471 - 408.490) › Section 408.487 - Department as Trustee for Employee.

408.487 Department as trustee for employee.
Sec. 17.
The department shall be the trustee for the employee in proceedings under this act, and shall distribute and account for funds collected.
History:
1978, Act 390, Imd. Eff. Aug. 1, 1978
Compiler's Notes:
For creation of bureau of worker's and unemployment compensation within department of consumer and industry services; transfer of powers and duties of bureau of worker's compensation and unemployment agency to bureau of worker's and unemployment compensation; transfer of powers and duties of director of bureau of worker's compensation and director of unemployment agency to director of bureau of worker's and unemployment compensation; and, transfer of powers and duties of wage and hour division of worker's compensation board of magistrates to bureau of worker's and unemployment compensation, see E.R.O. No. 2002-1, compiled at MCL 445.2004 of the Michigan Compiled Laws.For creation of the new wage and hour division as a type II agency within the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the former wage and hour division of the department of consumer and industry services, transferred to the bureau of worker's and unemployment compensation, to the new wage and hour division within the department of labor and economic growth by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For the transfer of powers and duties of the department of licensing and regulatory affairs to the department of labor and economic opportunity, see E.R.O. No. 2019-3, compiled at MCL 125.1998.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 390 of 1978 - Payment of Wages and Fringe Benefits (408.471 - 408.490) › Section 408.488 - Violations; Ordering Payments; Civil Penalty.

408.488 Violations; ordering payments; civil penalty.
Sec. 18.
(1) The department shall order an employer who violates section 2, 3, 4, 5, 6, 7, or 8 to pay the following:
(a) Wages due to the employee.
(b) Fringe benefits due to or on the behalf of the employee in accordance with the terms set forth in the written contract or written policy.
(c) A penalty at the rate of 10% annually on the wages and fringe benefits due beginning at the time the employer is notified that a complaint has been filed and ending when payment is made.
(2) The department may order an employer who violates section 2, 3, 4, 5, 6, 7, or 8 to pay to the employee exemplary damages of not more than twice the amount of the wages and fringe benefits which were due, if the violation is flagrant or repeated.
(3) The department may order an employer who violates section 2, 3, 4, 5, 6, 7, or 8 to pay attorney costs, hearing costs, and transcript costs.
(4) The department may assess a civil penalty of not more than $1,000.00 against an employer who violates this act, which civil penalty shall be credited to the general fund of this state.
History:
1978, Act 390, Imd. Eff. Aug. 1, 1978 ;-- Am. 1978, Act 602, Imd. Eff. Jan. 4, 1979
Compiler's Notes:
For creation of bureau of worker's and unemployment compensation within department of consumer and industry services; transfer of powers and duties of bureau of worker's compensation and unemployment agency to bureau of worker's and unemployment compensation; transfer of powers and duties of director of bureau of worker's compensation and director of unemployment agency to director of bureau of worker's and unemployment compensation; and, transfer of powers and duties of wage and hour division of worker's compensation board of magistrates to bureau of worker's and unemployment compensation, see E.R.O. No. 2002-1, compiled at MCL 445.2004 of the Michigan Compiled Laws.For creation of the new wage and hour division as a type II agency within the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the former wage and hour division of the department of consumer and industry services, transferred to the bureau of worker's and unemployment compensation, to the new wage and hour division within the department of labor and economic growth by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For the transfer of powers and duties of the department of licensing and regulatory affairs to the department of labor and economic opportunity, see E.R.O. No. 2019-3, compiled at MCL 125.1998.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 390 of 1978 - Payment of Wages and Fringe Benefits (408.471 - 408.490) › Section 408.489 - Civil Action.

408.489 Civil action.
Sec. 19.
The director of labor shall initiate, in the county where the violation occurred, in the county of Ingham, or in the county where the employer has its principal office, the civil action necessary to enforce an order of the department which has become a final agency order as prescribed in this act.
History:
1978, Act 390, Imd. Eff. Aug. 1, 1978
Compiler's Notes:
For creation of bureau of worker's and unemployment compensation within department of consumer and industry services; transfer of powers and duties of bureau of worker's compensation and unemployment agency to bureau of worker's and unemployment compensation; transfer of powers and duties of director of bureau of worker's compensation and director of unemployment agency to director of bureau of worker's and unemployment compensation; and, transfer of powers and duties of wage and hour division of worker's compensation board of magistrates to bureau of worker's and unemployment compensation, see E.R.O. No. 2002-1, compiled at MCL 445.2004 of the Michigan Compiled Laws.For creation of the new wage and hour division as a type II agency within the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the former wage and hour division of the department of consumer and industry services, transferred to the bureau of worker's and unemployment compensation, to the new wage and hour division within the department of labor and economic growth by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For the transfer of powers and duties of the department of licensing and regulatory affairs to the department of labor and economic opportunity, see E.R.O. No. 2019-3, compiled at MCL 125.1998.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 390 of 1978 - Payment of Wages and Fringe Benefits (408.471 - 408.490) › Section 408.490 - Repeal of MCL 408.501 to 408.506, 408.521 to 408.525a, and 408.561 to 408.563.

408.490 Repeal of MCL 408.501 to 408.506, 408.521 to 408.525a, and 408.561 to 408.563.
Sec. 20.
Act No. 221 of the Public Acts of 1897, being sections 408.561 to 408.563 of the Compiled Laws of 1970; Act No. 62 of the Public Acts of 1925, being sections 408.521 to 408.525a of the Compiled Laws of 1970; and Act No. 224 of the Public Acts of 1935, as amended, being sections 408.501 to 408.506 of the Compiled Laws of 1970, are repealed.
History:
1978, Act 390, Imd. Eff. Aug. 1, 1978
Compiler's Notes:
For creation of bureau of worker's and unemployment compensation within department of consumer and industry services; transfer of powers and duties of bureau of worker's compensation and unemployment agency to bureau of worker's and unemployment compensation; transfer of powers and duties of director of bureau of worker's compensation and director of unemployment agency to director of bureau of worker's and unemployment compensation; and, transfer of powers and duties of wage and hour division of worker's compensation board of magistrates to bureau of worker's and unemployment compensation, see E.R.O. No. 2002-1, compiled at MCL 445.2004 of the Michigan Compiled Laws.For creation of the new wage and hour division as a type II agency within the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the former wage and hour division of the department of consumer and industry services, transferred to the bureau of worker's and unemployment compensation, to the new wage and hour division within the department of labor and economic growth by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For the transfer of powers and duties of the department of licensing and regulatory affairs to the department of labor and economic opportunity, see E.R.O. No. 2019-3, compiled at MCL 125.1998.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Repealed - Act 224 of 1935 - Wage Claims and Liens (408.501 - 408.506)

WAGE CLAIMS AND LIENS
Act 224 of 1935
408.501-408.506 Repealed. 1978, Act 390, Imd. Eff. Aug. 1, 1978.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 213 of 1966 - Debts Owing to or for Benefit of Employees (408.511 - 408.512) › Section 408.511 - Business Suspended by Action of Creditors or Placed in Custody of Receiver or Trustee; Debts Owing to or for Benefit of Employees as Preferred Claims; Preferred Creditors; Contest; Processing Claim or Reducing Claim to Judgment.

408.511 Business suspended by action of creditors or placed in custody of receiver or trustee; debts owing to or for benefit of employees as preferred claims; preferred creditors; contest; processing claim or reducing claim to judgment.
Sec. 1.
When the business of a person or entity is suspended by the action of creditors, or is placed in the custody of a receiver or trustee, debts owing to or for the benefit of employees of the business, other than officers or directors of the business, which have accrued by reason of their employment, including amounts payable to third persons on account of health, welfare, pension, or profit sharing plans for the benefit of employees, are preferred claims. Such employees or trustees on their behalf are preferred creditors and shall be first paid in full before other unsecured creditors are paid. An interested person may contest any such claim by filing exceptions to it, supported by affidavit, with the officer having the custody of such property. The claim shall be processed or reduced to judgment in accordance with law.
History:
1966, Act 213, Eff. Mar. 10, 1967 ;-- Am. 1983, Act 98, Imd. Eff. June 23, 1983
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 213 of 1966 - Debts Owing to or for Benefit of Employees (408.511 - 408.512) › Section 408.512 - Statement of Preferred Claim; Filing, Contents, Attachments; Payment.

408.512 Statement of preferred claim; filing, contents, attachments; payment.
Sec. 2.
An employee or other person on his behalf entitled to preference hereunder shall file a statement under oath showing the amount due, the period during which such amount accrued and shall attach to such claim any written contract of employment and any written agreement governing the compensation of such employee, including the trust agreement under which any trustee makes claim, to the officer, person or court charged with such property, within 30 days after the creditor's action or placing of the business in the custody of a receiver or trustee. The person or court receiving such statement shall pay the amount of such claim when allowed to the person entitled thereto.
History:
1966, Act 213, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 408 - Labor › Repealed - Act 166 of 1965 - Prevailing Wages on State Projects (408.551 - 408.558)

PREVAILING WAGES ON STATE PROJECTS
Act 166 of 1965
408.551-408.558 Repealed. 2018, Act 171, Imd. Eff. June 6, 2018.
Compiler's Notes:
Public Act 171 of 2018 was proposed by initiative petition pursuant to Const 1963, art 2, § 9. On June 6, 2018, the initiative petition was approved by an affirmative vote of the majority of the Senate and the House of Representatives, and filed with the Secretary of State.
Compiler's Notes:
Enacting sections 2 and 3 of Act 171 of 2018 provide:"Enacting section 2. For the fiscal year ending September 30, 2018, $75,000.00 is appropriated from the general fund to the department of licensing and regulatory affairs. The appropriation under this section is designated as a work project under section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a, for the purpose of implementing and communicating information about the repeal of 1965 PA 166, MCL 408.551 to 408.558, to be accomplished by state employees or by contract with an estimated cost not exceeding $75,000.00 and an estimated completion date by December 31, 2019.""Enacting section 3. If any part or parts of this act are found to be in conflict with the State Constitution of 1963, the United States Constitution, or federal law, this act shall be implemented to the maximum extent that the State Constitution of 1963, the United States Constitution, and federal law permit. Any provision held invalid or inoperative shall be severable from the remaining portions of this act."
2023 Michigan Compiled Laws › Chapter 408 - Labor › Repealed - Act 221 of 1897 - Payment of Wages; Script, Token, Order or Other Evidence of Indebtedness (408.561 - 408.563)

PAYMENT OF WAGES; SCRIPT, TOKEN, ORDER OR OTHER EVIDENCE OF INDEBTEDNESS
Act 221 of 1897
408.561-408.563 Repealed. 1978, Act 390, Imd. Eff. Aug. 1, 1978.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 106 of 1903 - Working at Point Away From Home Locality (408.581 - 408.583) › Section 408.581 - Work Away From Home Locality; Contract, Terms; Minors Under Sixteen; Misrepresentation, Penalty.

408.581 Work away from home locality; contract, terms; minors under sixteen; misrepresentation, penalty.
Sec. 1.
Any person, company or corporation, or any agent or officer thereof who shall induce another person, by promise of wages or other valuable consideration, to agree to work for the person, company or corporation in whose behalf the offer of inducements is made, at a point away from his or her home locality, shall specify in writing the terms and conditions under which the said work is to be performed, the rate of wages and how, when and where said wages are agreed to be paid, and may furnish of copy of such statement of agreement to the person so induced by the promises therein to agree to work for the person, company or corporation offering said inducements: Provided, That it shall be unlawful for any person to make a tender of inducement to go away from the home locality to work, to any child under 16 years of age unless the written consent of the parents of such child has been first obtained, as well as the consent of the truant officer or county agent of the board of corrections and charities for the locality where said child belongs; and in case such consent is obtained and the child goes abroad under the influence of the inducements so offered, such child under 16 years of age shall be safely returned to its home at any time when its parents shall request, in writing, such return. Any person or any agent or officer of any corporation who shall, in offering inducements to any person to work for hire at any place apart from his or her home locality, misrepresent any of the conditions of such employment as mentioned above, shall be liable to pay to the person injured by such misrepresentation, the full amount of the damage sustained and shall be further liable to the penalties provided in section 3 of this act.
History:
1903, Act 106, Eff. Sept. 17, 1903 ;-- CL 1915, 5580 ;-- CL 1929, 8609 ;-- CL 1948, 408.581
Compiler's Notes:
In the first sentence of this section, “furnish of copy” evidently should read “furnish a copy”.The board of corrections and charities, referred to in this section, was abolished and its powers and duties transferred to the department of social welfare by MCL 400.19. The department of social welfare was subsequently transferred to the department of social services by MCL 16.552.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 106 of 1903 - Working at Point Away From Home Locality (408.581 - 408.583) › Section 408.582 - Fraudulent Acceptance of Benefits; Misdemeanor; Prima Facie Evidence.

408.582 Fraudulent acceptance of benefits; misdemeanor; prima facie evidence.
Sec. 2.
Every person, who, with intent to defraud, shall accept or receive transportation provided by or at the instance or expense of his employer, from any point in this state to or in the direction of the place where he has contracted to perform labor for, or render services to such employer, or who shall knowingly, and with intent to defraud, accept or receive the benefit of any other pecuniary advancements made by or at the instance and cost of his employer, under an agreement on the part of such person to perform labor or render services in repayment of the cost of such transportation or of such other benefits, shall be deemed and adjudged guilty of a misdemeanor if he shall neglect or refuse to render services or perform labor of an equal value to the full amount paid for such transportation or other benefits, or shall neglect or refuse to pay such employer in money the amount paid therefor. The value of the services to be rendered, or labor to be performed shall be determined by the price agreed to be paid therefor by such employer under his contract with the employe. The failure or refusal of any such employe to perform such labor or to render such services in accordance with his contract, or to pay in money the amount paid for such transportation or other benefits, shall be prima facie evidence of his intent to defraud.
History:
1903, Act 106, Eff. Sept. 17, 1903 ;-- CL 1915, 5581 ;-- CL 1929, 8610 ;-- CL 1948, 408.582
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 106 of 1903 - Working at Point Away From Home Locality (408.581 - 408.583) › Section 408.582a - Individual as Ice Hockey Player for Junior Ice Hockey Team; Act Inapplicable to Individual 16 Years of Age or Older but Less Than 21 Years of Age.

408.582a Individual as ice hockey player for junior ice hockey team; act inapplicable to individual 16 years of age or older but less than 21 years of age.
Sec. 2a.
This act does not apply to an individual who is 16 years of age or older but less than 21 years of age in his or her capacity as an ice hockey player for a junior ice hockey team that is a member of a regional, national, or international junior ice hockey league.
History:
Add. 2017, Act 245, Eff. Mar. 21, 2018
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 106 of 1903 - Working at Point Away From Home Locality (408.581 - 408.583) › Section 408.583 - Violation of Act; Penalty.

408.583 Violation of act; penalty.
Sec. 3.
Every person found guilty of violating the provisions of this act shall be punished by a fine not exceeding 25 dollars or by imprisonment of not less than 10 nor more than 60 days.
History:
1903, Act 106, Eff. Sept. 17, 1903 ;-- CL 1915, 5582 ;-- CL 1929, 8611 ;-- CL 1948, 408.583
2023 Michigan Compiled Laws › Chapter 408 - Labor › Repealed - Act 321 of 1929 - Private Employment Bureaus (408.601 - 408.624)

PRIVATE EMPLOYMENT BUREAUS
Act 321 of 1929
408.601-408.624 Repealed. 1965, Act 330, Eff. Sept. 1, 1965;—1974, Act 301, Eff. July 1, 1975.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 225 of 1966 - Carnival-Amusement Safety Act of 1966 (408.651 - 408.670) › Section 408.651 - Carnival-Amusement Safety Act of 1966; Short Title.

408.651 Carnival-amusement safety act of 1966; short title.
Sec. 1.
This act shall be known and may be cited as the "carnival-amusement safety act of 1966".
History:
1966, Act 225, Imd. Eff. July 11, 1966
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 225 of 1966 - Carnival-Amusement Safety Act of 1966 (408.651 - 408.670) › Section 408.653 - Repealed. 2014, Act 163, Imd. Eff. June 11, 2014.

408.653 Repealed. 2014, Act 163, Imd. Eff. June 11, 2014.
Compiler's Notes:
The repealed section pertained to appointment, terms, and qualification of members of carnival-amusement safety board.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 225 of 1966 - Carnival-Amusement Safety Act of 1966 (408.651 - 408.670) › Section 408.654 - Repealed. 2014, Act 163, Imd. Eff. June 11, 2014.

408.654 Repealed. 2014, Act 163, Imd. Eff. June 11, 2014.
Compiler's Notes:
The repealed section pertained to meetings, election of chairperson, and officers, and payments of clerical and administrative help.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 225 of 1966 - Carnival-Amusement Safety Act of 1966 (408.651 - 408.670) › Section 408.655 - Repealed. 2014, Act 163, Imd. Eff. June 11, 2014.

408.655 Repealed. 2014, Act 163, Imd. Eff. June 11, 2014.
Compiler's Notes:
The repealed section pertained to compensation and expenses of board members.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 225 of 1966 - Carnival-Amusement Safety Act of 1966 (408.651 - 408.670) › Section 408.656 - Promulgation of Definitions, Codes, and Rules.

408.656 Promulgation of definitions, codes, and rules.
Sec. 6.
The department shall promulgate and formulate definitions, codes, and rules for the safe installation, repair, maintenance, use, operation and inspection of all carnival-amusement rides as the department finds necessary for the protection of the general public who use carnival and amusement rides. The definitions, codes, and rules shall be reasonable and based on generally accepted engineering standards, formulas, and practices and shall be promulgated under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
History:
1966, Act 225, Imd. Eff. July 11, 1966 ;-- Am. 2014, Act 163, Imd. Eff. June 11, 2014
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
Admin Rule:
R 408.801 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 225 of 1966 - Carnival-Amusement Safety Act of 1966 (408.651 - 408.670) › Section 408.657 - Director; Administration and Enforcement of Act, Codes, and Rules.

408.657 Director; administration and enforcement of act, codes, and rules.
Sec. 7.
The director shall administer and enforce this act and all codes and rules promulgated by the department.
History:
1966, Act 225, Imd. Eff. July 11, 1966 ;-- Am. 1982, Act 35, Imd. Eff. Mar. 12, 1982 ;-- Am. 2014, Act 163, Imd. Eff. June 11, 2014
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
Admin Rule:
R 408.801 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 225 of 1966 - Carnival-Amusement Safety Act of 1966 (408.651 - 408.670) › Section 408.658 - Fees.

408.658 Fees.
Sec. 8.
(1) The department shall charge the following fees for permits to operate, annual inspections, reinspections, and special inspector commissions:
(a)
Permit to operate......................
$
10.00
(b)
Annual inspection:
(i)
Kiddie rides...........................
40.00
(ii)
Fixed coaster..........................
90.00
(iii)
Aerial lifts...........................
115.00
(iv)
Miscellaneous rides....................
50.00
(c)
Reinspection:
(i)
Kiddie rides...........................
20.00
(ii)
Fixed coaster..........................
75.00
(iii)
Aerial lifts...........................
75.00
(iv)
Miscellaneous rides....................
20.00
(d)
Special inspector commission...........
5.00
(2) If the fee prescribed by subsection (1) is not received by the department within 30 calendar days after notice of the amount due is given, the fee automatically shall be doubled.
(3) The department shall review the fees prescribed by subsection (1), shall report to the legislature before October 1, 1983 concerning the appropriateness of those fees, and shall make recommendations, if necessary, to reflect actual costs.
History:
1966, Act 225, Imd. Eff. July 11, 1966 ;-- Am. 1982, Act 35, Imd. Eff. Mar. 12, 1982
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 225 of 1966 - Carnival-Amusement Safety Act of 1966 (408.651 - 408.670) › Section 408.659 - Inspectors; Appointment, Qualifications.

408.659 Inspectors; appointment, qualifications.
Sec. 9.
The department shall hire inspectors to inspect carnival-amusement rides and shall hire or retain an individual as the direct supervisor of those inspectors who the department determines is qualified in engineering and training.
History:
1966, Act 225, Imd. Eff. July 11, 1966 ;-- Am. 1967, Act 265, Imd. Eff. July 19, 1967 ;-- Am. 2018, Act 424, Eff. Mar. 20, 2019
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 225 of 1966 - Carnival-Amusement Safety Act of 1966 (408.651 - 408.670) › Section 408.660 - Carnival-Amusement Ride; Operation; Permit Required; Application; Inspection; Minimum Age to Operate; Training Requirements.

408.660 Carnival-amusement ride; operation; permit required; application; inspection; minimum age to operate; training requirements.
Sec. 10.
(1) An owner shall not operate a carnival-amusement ride without a permit issued by the director. On or before March 1 of each year, an owner shall apply for a permit to the director on a form furnished by the director and containing the information required by the department. The department shall inspect a carnival or amusement ride before it is initially put into operation for the public's use and at least once every year while in operation, unless operation of the carnival or amusement ride is authorized on a temporary permit. The department may also inspect a carnival or amusement ride each time it is disassembled and reassembled. The department shall not issue a permit to an owner unless the owner satisfies the requirements described in section 19a.
(2) An individual may operate a carnival or amusement ride if the individual is at least 16 years of age. The department shall not promulgate a rule that requires an individual to be more than 16 years of age to operate a carnival or amusement ride.
(3) An individual shall not operate a carnival or amusement ride unless that individual has been trained in all of the following:
(a) The operating procedures specific to the carnival or amusement ride.
(b) The specific duties applicable to each of the carnival or amusement ride's assigned positions.
(c) The general procedures of the carnival or amusement park.
(d) The general and ride-specific safety procedures, including those laid out in the owner's emergency response plan required under section 19a, that the individual must follow in the event of an unusual condition, interruption in operation, injury, emergency, or evacuation.
History:
1966, Act 225, Imd. Eff. July 11, 1966 ;-- Am. 2014, Act 163, Imd. Eff. June 11, 2014 ;-- Am. 2020, Act 163, Imd. Eff. Sept. 17, 2020 ;-- Am. 2022, Act 97, Eff. Sept. 30, 2022
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 225 of 1966 - Carnival-Amusement Safety Act of 1966 (408.651 - 408.670) › Section 408.661 - Permit to Operate Carnival or Amusement Ride; Requirements.

408.661 Permit to operate carnival or amusement ride; requirements.
Sec. 11.
After inspection, the department shall issue a permit to operate a carnival or amusement ride if all of the following occur:
(a) The carnival or amusement ride and its owner are found to be in compliance with this act and the rules promulgated by the department under this act, as determined by an inspection.
(b) The owner has a copy of the manufacturer's operating instructions for the carnival or amusement ride on site.
(c) The owner has a copy of a record of training for each employee authorized to operate, assemble, disassemble, or conduct maintenance on a carnival or amusement ride as required under section 19a on site.
(d) The owner has a copy of an emergency response plan as required under section 19a on site.
History:
1966, Act 225, Imd. Eff. July 11, 1966 ;-- Am. 1982, Act 35, Imd. Eff. Mar. 12, 1982 ;-- Am. 2014, Act 163, Imd. Eff. June 11, 2014 ;-- Am. 2022, Act 97, Eff. Sept. 30, 2022
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 225 of 1966 - Carnival-Amusement Safety Act of 1966 (408.651 - 408.670) › Section 408.662 - Erection or Alteration of Ride; Notice of Intent, Plans, or Diagrams; Inspection.

408.662 Erection or alteration of ride; notice of intent, plans, or diagrams; inspection.
Sec. 12.
(1) Before a new carnival or amusement ride is erected, or whenever any additions or alterations are made that change the structure, mechanism, classification, or capacity of any carnival or amusement ride, the owner shall file with the department a notice of his or her intention and any plans or diagrams requested by the director.
(2) After an addition or alteration is made under this section, the owner shall request an inspection from the department and the carnival or amusement ride must be inspected before the owner may operate the carnival or amusement ride.
History:
1966, Act 225, Imd. Eff. July 11, 1966 ;-- Am. 2022, Act 97, Eff. Sept. 30, 2022
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled MCL 338.3501 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 225 of 1966 - Carnival-Amusement Safety Act of 1966 (408.651 - 408.670) › Section 408.663 - Repealed. 2022, Act 97, Eff. Sept. 30, 2022.

408.663 Repealed. 2022, Act 97, Eff. Sept. 30, 2022.
Compiler's Notes:
The repealed section pertained to authority to order temporary cessation of operation.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 225 of 1966 - Carnival-Amusement Safety Act of 1966 (408.651 - 408.670) › Section 408.664 - Existing Carnival-Amusement Ride; Use.

408.664 Existing carnival-amusement ride; use.
Sec. 14.
This act does not prevent the use of any existing carnival-amusement ride if an inspection finds that the ride is in a safe condition and conforms to the rules of the department.
History:
1966, Act 225, Imd. Eff. July 11, 1966 ;-- Am. 2014, Act 163, Imd. Eff. June 11, 2014
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 225 of 1966 - Carnival-Amusement Safety Act of 1966 (408.651 - 408.670) › Section 408.665 - Hardship Cases; Modification; Request, Written Authorization, Record.

408.665 Hardship cases; modification; request, written authorization, record.
Sec. 15.
If there are practical difficulties or unnecessary hardships for an owner to comply with the rules under this act, the director may modify the application of those rules or if the spirit of the rules is observed and the public safety is secure. An owner may make a written request to the department stating its grounds and applying for a modification described in this section. Any authorization by the director under this section must be in writing and must describe the conditions under which the modification is permitted. The department shall keep a record of all modifications under this section that is open to the public.
History:
1966, Act 225, Imd. Eff. July 11, 1966 ;-- Am. 2014, Act 163, Imd. Eff. June 11, 2014 ;-- Am. 2022, Act 97, Eff. Sept. 30, 2022
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 225 of 1966 - Carnival-Amusement Safety Act of 1966 (408.651 - 408.670) › Section 408.666 - Security Against Owner's or Operator's Liability for Injury Required; Insurance or Bond; Local Unit of Government as Self-Insurer.

408.666 Security against owner's or operator's liability for injury required; insurance or bond; local unit of government as self-insurer.
Sec. 16.
A person shall not operate a carnival or amusement ride unless the owner obtained security against the owner's or operator's liability for injury suffered by individuals riding the carnival or amusement ride by 1 of the following methods:
(a) By obtaining a policy of insurance in an amount not less than $300,000.00 insuring the owner or operator against liability for injury suffered by individuals riding the carnival or amusement ride.
(b) By obtaining a bond in an amount not less than $300,000.00 with the aggregate amount of the surety on the bond not exceeding the face amount of the bond.
(c) An owner having only 1 carnival or amusement ride that is designed primarily for use by children, may comply with subsections (a) and (b) by obtaining a policy of insurance or a bond in an amount not less than $50,000.00.
(d) In the case of a local unit of government, the director may authorize a local unit of government that is an owner of a carnival or amusement ride to be a self-insurer upon a reasonable showing by the local unit of government owner of its solvency and financial ability to pay liability claims for injury suffered by individuals riding the carnival or amusement ride, in an amount not less than $300,000.00. If the director determines it to be necessary, the director shall require the furnishing of a bond or other security in a reasonable amount.
History:
1966, Act 225, Imd. Eff. July 11, 1966 ;-- Am. 1980, Act 103, Imd. Eff. Apr. 27, 1980 ;-- Am. 2022, Act 97, Eff. Sept. 30, 2022
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 225 of 1966 - Carnival-Amusement Safety Act of 1966 (408.651 - 408.670) › Section 408.669 - Rider Safety Responsibilities; Signs.

408.669 Rider safety responsibilities; signs.
Sec. 19.
(1) An operator shall display signs indicating the applicable rider safety responsibilities provided in section 18 and the location of stations to report injuries under section 20. The signs shall be located in all of the following locations:
(a) Each station for reporting an injury.
(b) Each first aid station.
(c) In addition to the locations described in subdivisions (A) and (B), the following locations:
(i) If there are not more than 4 entrances or exits for riders, at least 2 locations on the premises, including any entrance or exit most commonly used by riders.
(ii) If there are more than 4 entrances and exits for riders, at least 4 other locations on the premises, including the 4 entrances and exits most commonly used by riders.
(iii) At every carnival or amusement ride.
(2) In addition to the signs required under subsection (1), an operator shall post a sign at each carnival or amusement ride. The sign shall be prominently displayed at a conspicuous location, clearly visible to the public, and bold and legible in design. The sign shall include all of the following that apply:
(a) Operational instructions.
(b) Safety guidelines for riders.
(c) Restrictions on the use of the carnival or amusement ride.
(d) Behavior or activities that are prohibited.
(e) A legend that states: "State law requires riders to obey all warnings and directions for carnival or amusement rides and behave in a manner that will not cause or contribute to the injury of themselves or others. Riders must report injuries prior to leaving the premises.".
History:
Add. 2000 Act 346, Eff. Mar. 28, 2001
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 225 of 1966 - Carnival-Amusement Safety Act of 1966 (408.651 - 408.670) › Section 408.669a - Copy of Manufacturer's Operating Instructions; Employee Training Record; Emergency Response Plan; Falsification of Training Record Is Misdemeanor.

408.669a Copy of manufacturer's operating instructions; employee training record; emergency response plan; falsification of training record is misdemeanor.
Sec. 19a.
(1) On request, an owner shall, at no cost to the department, provide the department a copy of the manufacturer's operating instructions for a carnival or amusement ride owned by the owner and any written bulletins concerning the safety, operation, or maintenance of the carnival or amusement ride.
(2) The owner of a carnival or amusement ride shall maintain, on a form prescribed by rule of the department, a record of training for each employee authorized to operate, assemble, disassemble, or conduct maintenance on a carnival or amusement ride. In place of the form prescribed by the department, an owner may request approval of an alternative form if the alternative form includes, at a minimum, the information required on the form prescribed by the department. A record of training required under this subsection must be accessible by the owner and made available to the department on request.
(3) The owner of a carnival or amusement ride shall establish an emergency response plan that meets the requirements in subsection (4) and maintain, on a form prescribed by rule of the department, a record of employee training on emergency response procedures. In place of the form prescribed by the department, the owner may request approval of an alternative form if the alternative form includes, at a minimum, the information required on the form prescribed by the department. The emergency response plan and record of the training required under this subsection must be accessible by the owner or operator and made available to the department on request.
(4) An emergency response plan for a carnival or amusement ride established under subsection (3) must include information on, at a minimum, all of the following:
(a) Ride specific safety hazards that need to be identified to mitigate risk.
(b) Emergency equipment that is on hand.
(c) When to administer first aid.
(d) When to contact law enforcement and emergency services.
(e) When to suspend operation of the carnival or amusement ride.
(f) What to do if a serious injury or fatality occurs.
(5) A person that falsifies a record of training required under this section is guilty of a misdemeanor and may be imprisoned for not more than 90 days and shall be fined not less than $1,000.00 or more than $2,500.00.
History:
Add. 2022, Act 97, Eff. Sept. 30, 2022
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 225 of 1966 - Carnival-Amusement Safety Act of 1966 (408.651 - 408.670) › Section 408.670 - Accident Report; Notice to Department; Removal From Service; Inspection.

408.670 Accident report; notice to department; removal from service; inspection.
Sec. 20.
An owner or operator of a carnival or amusement ride shall immediately report to the department by telephone any accident in which a fatality occurs or an individual suffers a serious injury resulting from the structural or mechanical failure of a carnival or amusement ride, or in which it appears that the construction, design, or function of the carnival or amusement ride may have directly contributed to the fatality or serious injury. If an accident occurs on a day that the department is closed, the owner shall report the incident to the department by 9 a.m. of the next business day that the department is open. The owner shall immediately remove the carnival or amusement ride from service, secure the scene of the accident, and not disturb the scene to any greater extent than is necessary for the removal of a deceased or injured individual. The ride must not be released for repair or operation until after an inspection of the ride is completed and the ride is determined to not be hazardous or unsafe.
History:
Add. 2000 Act 346, Eff. Mar. 28, 2001 ;-- Am. 2022, Act 97, Eff. Sept. 30, 2022
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 16 of 1997 - The Playground Equipment Safety Act (408.681 - 408.687) › Section 408.681 - Short Title.

408.681 Short title.
Sec. 1.
This act shall be known and may be cited as "the playground equipment safety act".
History:
1997, Act 16, Eff. May 1, 1998
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 16 of 1997 - The Playground Equipment Safety Act (408.681 - 408.687) › Section 408.682 - Definitions.

408.682 Definitions.
Sec. 2.
As used in this act:
(a) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.
(b) "Public playground equipment" means apparatus, including but not limited to slides, climbers, seesaws, and swings, designed for the recreational use of children and owned and operated by a local unit of government, school district, or any other governmental entity.
History:
1997, Act 16, Eff. May 1, 1998
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 16 of 1997 - The Playground Equipment Safety Act (408.681 - 408.687) › Section 408.683 - Public Playground Equipment; Liability as to State Civil Infraction; Separate Civil Action.

408.683 Public playground equipment; liability as to state civil infraction; separate civil action.
Sec. 3.
(1) The standards identified in section 4 determine responsibility for a state civil infraction under this act and do not establish liability in a separate civil action that is brought to recover damages caused by the maintenance, repair, upkeep, manufacture or assembly of public playground equipment.
(2) The standards identified in section 4 shall have only the relevance as allowed by law or court rule in a separate civil action.
History:
1997, Act 16, Eff. May 1, 1998
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 16 of 1997 - The Playground Equipment Safety Act (408.681 - 408.687) › Section 408.684 - Public Playground Equipment; Standards.

408.684 Public playground equipment; standards.
Sec. 4.
A person who for compensation manufactures or assembles public playground equipment that fails to comply with the following standards is subject to a state civil infraction under this act:
(a) The "handbook for public playground safety" published for the U.S. consumer products safety commission, which is incorporated by reference and is based upon recommendations provided to the commission by the COMSIS corporation in March 1990 in "development of human factors criteria for playground equipment safety" by Donna Rattle, Melanie Morrison, and Neil Lerner.
(b) The "standard consumer safety performance specification for playground equipment for public use, ASTM F1487-01", published by the American society for testing and materials, which is incorporated by reference.
History:
1997, Act 16, Eff. May 1, 1998 ;-- Am. 1998, Act 137, Imd. Eff. June 24, 1998 ;-- Am. 2002, Act 419, Imd. Eff. June 5, 2002
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 16 of 1997 - The Playground Equipment Safety Act (408.681 - 408.687) › Section 408.685 - Violation of Act; Penalty; Default; Disposition of Collections.

408.685 Violation of act; penalty; default; disposition of collections.
Sec. 5.
(1) A person who violates this act in the manufacture of public playground equipment is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $10,000.00.
(2) A person who violates this act in the assembly of public playground equipment is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $1,000.00.
(3) A default in the payment of a civil fine or costs ordered under this act or an installment of the fine or costs may be remedied by any means authorized under the revised judicature act of 1961, 1961 PA 236, MCL 600.101 to 600.9947.
(4) Money collected under this section shall be deposited into the children's trust fund established under section 1 of 1982 PA 249, MCL 21.171.
History:
1997, Act 16, Eff. May 1, 1998