Bill Text: MI HB4692 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Occupations; business licensing and regulation; ski area safety board; abolish. Amends title & secs. 2, 6, 8, 9, 11, 13, 14, 15, 16, 17 & 20 of 1962 PA 199 (MCL 408.322) & repeals secs. 3, 4, 5 & 7 of 1962 PA 199 (MCL 408.323 et seq.).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-05-07 - Printed Bill Filed 05/03/2013 [HB4692 Detail]

Download: Michigan-2013-HB4692-Introduced.html

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HOUSE BILL No. 4692

 

May 2, 2013, Introduced by Rep. McMillin and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1962 PA 199, entitled

 

"Ski area safety act of 1962,"

 

by amending the title and sections 2, 6, 8, 9, 11, 13, 14, 15, 16,

 

17, and 20 (MCL 408.322, 408.326, 408.328, 408.329, 408.331,

 

408.333, 408.334, 408.335, 408.336, 408.337, and 408.340), the

 

title and section 2 as amended by 1995 PA 120 and sections 6 and 20

 

as amended by 1981 PA 86; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to provide for the inspection, licensing, and

 

regulation of ski areas and ski lifts; to provide for the safety of

 

skiers, spectators, and the public using ski areas; to provide for

 

certain presumptions relative to liability for an injury or damage

 

sustained by skiers; to prescribe the duties of skiers and ski area

 

operators; to create a ski area safety board; to provide for the

 

powers and duties of certain state governmental officers and

 

entities; to provide for the disposition of revenues; to provide

 

for liability for damages which that result from a violation of

 

this act; and to provide civil fines for certain violations of this

 

act; and to provide criminal remedies and penalties. for certain

 

violations of this act.

 

     Sec. 2. As used in this act:

 

     (a) "Board" means the ski area safety board.

 

     (a) (b) "Commissioner" means the director of commerce the

 

department or an his or her authorized representative. of the

 

director.

 

     (b) (c) "Department" means the state department of commerce.

 

licensing and regulatory affairs.

 

     (c) (d) "Operator" means a this state, a political subdivision

 

of this state, or any person who that owns or controls, or who that

 

has operational responsibility for, a ski area or ski lift. An

 

operator includes this state or a political subdivision of this

 

state.

 

     (d) (e) "Passenger" means a person, an individual, skier or

 

nonskier, who boards, disembarks from, or is transported by a ski

 

lift, regardless of whether the ski lift is being used during the

 

skiing season or nonskiing season, and includes a person an

 

individual who is waiting for or moving away from the loading or

 

unloading point of a ski lift.

 

     (e) (f) "Ski area" means an area used for skiing and served by

 

1 or more ski lifts.

 

     (f) (g) "Skier" means a person an individual who is wearing

 

skis or utilizing a device that attaches to at least 1 foot or the

 

lower torso for the purpose of sliding on a slope; . The device

 

that slides on the snow or other surface of a slope; and that is

 

capable of being maneuvered and controlled by the person using the

 

device. Skier includes a person an individual who is not wearing

 

skis or a skiing device while the person he or she is in a ski area

 

for the purpose of skiing.

 

     (g) (h) "Ski lift" means a device for transporting persons

 

individuals uphill on skis, or in cars on tracks, or suspended in

 

the air by the use of cables, chains, belts, or ropes, and usually

 

supported by trestles or towers with 1 or more spans. Ski lift

 

includes a rope tow.

 

     Sec. 6. (1) The board commissioner shall promulgate rules for

 

the safe construction, installation, repair, use, operation,

 

maintenance, and inspection of all ski areas and ski lifts as the

 

board commissioner finds necessary for protection of the general

 

public while using ski areas and ski lifts. The rules shall be

 

reasonable, and based upon on generally accepted engineering

 

standards, formulas, and practices, and promulgated under the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328.

 

     (2) The board, with the advice of the commissioner , shall

 

propose legislation to establish the a fee schedule for permits,

 

inspections, and plan review activities. The fees shall reflect the

 

actual costs and expenses of the department for issuing permits and

 

conducting inspections and plan reviews.

 

     Sec. 8. The commissioner , subject to the limitations herein

 

contained and the rules and regulations of the board, shall

 

administer and enforce the provisions of this act.

 

     Sec. 9. No A person shall not operate a ski lift without a

 

permit issued by the commissioner. On or before October 1 of each

 

year, an operator shall apply for a permit to the commissioner on a

 

form furnished by the commissioner and containing such the

 

information as the board may require. All required by the

 

department. A ski lifts lift shall be inspected before they are it

 

is originally put into operation for the public's use and

 

thereafter at least once every 12 months while in operation, unless

 

permitted to operate operation of the lift is authorized on a

 

temporary permit.

 

     Sec. 11. If, upon after inspection, a ski lift is found to

 

comply with the rules and regulations of the board, commissioner,

 

the commissioner shall issue a permit to operate. A permit shall

 

expire on September 30 of the following year.

 

     Sec. 13. The commissioner or board may order, in writing, a

 

temporary cessation of operation of a ski lift if it has been is

 

determined after inspection to be hazardous or unsafe. Operation of

 

the ski lift shall not resume until such conditions are the

 

hazardous or unsafe condition is corrected to the satisfaction of

 

the commissioner. or board.

 

     Sec. 14. This act shall not be construed to does not prevent

 

the use of any existing installation, upon inspection found to be

 

ski lift if an inspection finds the ride is in a safe condition and

 

to conform with conforms to the rules and regulations of the board.

 

commissioner.

 

     Sec. 15. If there are practical difficulties or unnecessary

 

hardships for an operator to comply with the rules and regulations

 

under this act, the commissioner , with the approval of the board,

 

may modify the application of such those rules or regulations to

 

such a the operator's situation, if the spirit of the provisions

 

shall be rules are observed and the public safety is secured. Any

 

operator may make a written request to the board department stating

 

his its grounds and applying for such a modification described in

 

this section. Any authorization by the commissioner and the board

 

under this section shall be in writing and shall describe the

 

conditions under which the modification is permitted. A The

 

department shall keep a record of all modifications shall be kept

 

in the department and under this section that is open to the

 

public.

 

     Sec. 16. (1) (a) An application for a permit shall be

 

accompanied by fees of: applicant for an annual permit under this

 

act shall submit 1 of the following fees with the application,

 

whichever is greater:

 

     (a) An annual permit fee of $25.00. for an annual permit; or

 

     (b) An annual fee that is equal to the sum of all of the

 

following:

 

     (i) $2.00 for For each rope tow, $2.00.

 

     (ii) $5.00 for For each T bar, J bar, or platter pull, $5.00.

 

     (iii) $15.00 for For each chair lift or skimobile, and $15.00.

 

     (iv) $30.00 for For each aerial tramway, $30.00.

 

     if greater than the $25.00 annual permit fee.

 

     (c) (b) Inspection fees shall be under this act are as

 

follows:

 

     (i) $8.00 for For each rope tow, $8.00.

 

     (ii) $20.00 for For each T bar, J bar, or platter pull, $20.00.

 

     (iii) $60.00 for For each chair lift or skimobile, $60.00.

 

     (iv) $120.00 for For each aerial tramway, and $120.00.

 

     (v) $50.00 for reinspections or special inspections For a

 

reinspection or special inspection at an operator's request,

 

$50.00.

 

     (2) Any An operator may employ any person , partnership or

 

corporation, approved by the commissioner and board, to make the

 

inspections. Inspections an inspection. An inspection made by any a

 

person , partnership, or corporation, that may be employed or

 

engaged by an operator , shall be on forms a form furnished or

 

approved by the department. Inspection fees shall be waived when

 

The department shall waive the inspection fee if the annual permit

 

application is accompanied by such an inspection report described

 

in this subsection.

 

     (3) (c) Fees The fee for review and approval of plans prior to

 

before construction shall be is $200.00 for a chair lift, T bar, J

 

bar, platter pull, or tramway.

 

     (4) Fees The fee for review and approval of plans for

 

modification and alteration of an existing lift shall be is $50.00.

 

     (5) (d) Fees described in this section shall be paid to the

 

department. , which shall give receipts therefor.The department

 

shall provide a receipt for any fee paid.

 

     Sec. 17. The department , with the advice and consent of the

 

board, shall employ or retain a person an individual who is

 

qualified in engineering and training who shall be designated and

 

designate him or her as the chief inspector. The chief inspector

 

and such any additional inspectors and other employees as may be

 

the department determines are necessary to properly administer this

 

act may be hired on a temporary basis or borrowed from other state

 

departments, or the department may contract with persons,

 

partnerships or corporations for such a person to provide

 

inspection services on an independent basis.

 

     Sec. 20. (1) Except for sections 21 to 24, and except as

 

provided in subsection (2), a A person who that violates this act,

 

or a rule or order promulgated or issued pursuant to under this

 

act, or a person who interferes with, impedes, or obstructs the

 

commissioner , or an authorized representative of the commissioner

 

, or a board member in the performance of duties prescribed by

 

under this act, is guilty of a misdemeanor. Each day a violation or

 

other act continues shall be considered is a separate offense.

 

     (2) A member of the board who intentionally violates section

 

5(1) shall be subject to the penalties prescribed in Act No. 267 of

 

the Public Acts of 1976, as amended.

 

     (3) Not more than 270 days after the effective date of this

 

subsection, the board shall, pursuant to section 7, promulgate

 

rules consistent with this act to implement this act, except for

 

subsection (2) and sections 21, 22, 23, and 24, not to exceed

 

$50.00 for each violation.

 

     Enacting section 1. Sections 3, 4, 5, and 7 of the ski area

 

safety act of 1962, 1962 PA 199, MCL 408.323, 408.324, 408.325, and

 

408.327, are repealed.