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| Public Act 094-0801 |
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AN ACT concerning public safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Carnival and Amusement Rides Safety Act is | ||||
amended by changing Sections 2-2, 2-3, 2-4, 2-6, 2-7, 2-8, 2-9, | ||||
2-12, 2-13, 2-14, 2-15, and 2-18 as follows:
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(430 ILCS 85/2-2) (from Ch. 111 1/2, par. 4052)
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Sec. 2-2. Definitions. As used in this Act, unless the | ||||
context
otherwise requires:
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1. "Director" means the Director of Labor or his or her | ||||
designee.
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2. "Department" means Department of Labor.
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3. "Amusement Attraction" means an enclosed building or | ||||
structure,
including electrical equipment which is an integral | ||||
part of the building or
structure, through which people walk | ||||
without the aid of any moving device,
that provides amusement, | ||||
thrills or excitement at a fair or carnival,
except any such | ||||
enclosed building or structure which is subject to the
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jurisdiction of a local building code.
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4. "Amusement ride" means:
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(a) any mechanized device
or combination of devices, | ||||
including electrical equipment which is an
integral part of | ||||
the device or devices, which carries passengers along,
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around, or over a fixed or restricted course for the | ||||
primary purpose of
giving its passengers amusement, | ||||
pleasure, thrills, or excitement;
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(b) any ski lift, rope tow, or other device used to | ||||
transport snow
skiers;
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(c) (blank);
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(d) any dry slide over 20 feet in height, alpine slide, | ||||
or toboggan
slide;
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(e) any tram, open car, or combination of open cars or | ||||
wagons pulled
by a tractor or other motorized device which | ||
is not licensed by the
Secretary of State, which may, but | ||
does not necessarily follow a fixed or
restricted course, | ||
and is used primarily for the purpose of giving its
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passengers amusement, pleasure, thrills or excitement, and | ||
for which an
individual fee is charged or a donation | ||
accepted with the exception of
hayrack rides; or
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(f) any bungee cord or similar elastic device.
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5. "Carnival" means an enterprise which offers amusement or | ||
entertainment
to the public by means of one or more amusement | ||
attractions or amusement rides.
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6. "Fair" means an enterprise principally devoted to the | ||
exhibition of
products of agriculture or industry in connection | ||
with which
amusement rides or amusement attractions are | ||
operated.
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7. "Operator" means a person, or the agent of a person, who | ||
owns or
controls or has the duty to control the operation of an | ||
amusement ride or
an amusement attraction at a carnival or | ||
fair. "Operator" includes an
agency of the State or any of its | ||
political subdivisions.
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(Source: P.A. 92-26, eff. 7-1-01.)
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(430 ILCS 85/2-3) (from Ch. 111 1/2, par. 4053)
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Sec. 2-3. There is hereby created the Carnival-Amusement | ||
Safety Board,
hereafter in this Act referred to as the "Board", | ||
to consist of 8
5
members. One member shall be the Director. | ||
Seven
Four members shall
be appointed by the Governor with the | ||
advice and consent of the Senate.
The term of members shall be | ||
4 years, except that of those members initially
appointed by | ||
the Governor, 1 shall be appointed for 3 years and 1 shall
be | ||
appointed for 4 years, and of the members initially appointed | ||
pursuant
to this amendatory Act of 2006
1985, 1 shall be | ||
appointed for 3 years. Of the
7
4 appointed members of the | ||
Board, 1 shall be an operator of amusement rides,
and 1 shall | ||
be a registered professional engineer, 1 shall represent the | ||
insurance industry, and 1 shall represent the general public. | ||
The Board shall advise the Department on carnival and amusement | ||
safety matters.
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(Source: P.A. 84-533.)
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(430 ILCS 85/2-4) (from Ch. 111 1/2, par. 4054)
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Sec. 2-4. A majority of the 8
5 members of the Board | ||
constitutes a quorum. The Board shall meet at least twice | ||
yearly and at the call of the chairman
or by written request of | ||
at least 5
3 members. The Board shall elect a chairman
and such | ||
other officers as it deems necessary to perform its
duties | ||
between meetings and may hire such clerical and administrative | ||
help
as it deems necessary, to be paid out of the appropriation | ||
to the Board.
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(Source: P.A. 84-533.)
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(430 ILCS 85/2-6) (from Ch. 111 1/2, par. 4056)
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Sec. 2-6. The Director, with the consent of the Board, | ||
shall promulgate and formulate definitions, rules
and | ||
regulations for the safe installation, repair, maintenance, | ||
use, operation
and inspection of all amusement rides and | ||
amusement attractions as the
Director
Board finds necessary for | ||
the protection of
the general public using amusement rides and | ||
amusement attractions. The rules shall be
based upon generally | ||
accepted engineering standards and shall be concerned
with, but | ||
not necessarily limited to, engineering force stresses, safety
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devices, and preventive maintenance. Whenever such standards | ||
are available
in suitable form they may be incorporated by | ||
reference. The rules shall
provide for the reporting of | ||
accidents and injuries incurred from the operation
of amusement | ||
rides or amusement attractions.
In addition to the permit fee | ||
herein provided, the Director
Board may promulgate
rules to | ||
establish a schedule of fees for inspections.
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Before adopting, modifying or amending any rule consistent | ||
with and necessary
for the enforcement of this Act, the | ||
Director or Board shall hold a
public hearing on the proposed | ||
rule, modification or amendment to a
rule. Any interested | ||
person may appear and be heard at the hearing, in person
or by | ||
agent or counsel. The Director shall give the news media notice | ||
of
each hearing at least 30 days in advance of the hearing date | ||
and shall make
available a copy of the proposed rule, or | ||
modification or amendment to a
rule to any person requesting | ||
same. The provisions of this Section are in
addition to all | ||
other existing requirements pertaining to the promulgation
of | ||
administrative rules and regulations.
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(Source: P.A. 83-1240.)
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(430 ILCS 85/2-7) (from Ch. 111 1/2, par. 4057)
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Sec. 2-7. The Director shall administer and enforce all | ||
provisions of
this Act and all codes, rules and regulations | ||
promulgated pursuant to this Act
by the Board. The Director or | ||
his or her authorized representative has the authority to | ||
require by subpoena the attendance and testimony of witnesses | ||
and the production of all books, records, equipment, and other | ||
evidence relative to a matter under investigation or hearing. | ||
The subpoena shall be signed and issued by the Director or his | ||
or her authorized representative. If a person fails to comply | ||
with any subpoena lawfully issued under this Section or a | ||
witness refuses to produce evidence or testify to any matter | ||
regarding which he or she may be lawfully interrogated, the | ||
circuit court shall, upon application of the Director or his or | ||
her authorized representative, compel compliance by | ||
proceedings for contempt.
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(Source: P.A. 83-1240.)
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(430 ILCS 85/2-8) (from Ch. 111 1/2, par. 4058)
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Sec. 2-8. The Director, with the consent of the Board, | ||
shall determine a schedule of permit fees for each
amusement | ||
ride or amusement attraction.
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(Source: P.A. 85-229.)
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(430 ILCS 85/2-9) (from Ch. 111 1/2, par. 4059)
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Sec. 2-9. The Department of Labor may hire inspectors to | ||
inspect
amusement rides and amusement attractions. The | ||
qualifications of amusement ride inspectors shall be | ||
established through regulation by the Director.
The chief | ||
amusement ride
inspector shall be licensed in Illinois as a | ||
professional engineer.
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(Source: P.A. 84-8.)
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(430 ILCS 85/2-12) (from Ch. 111 1/2, par. 4062)
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Sec. 2-12. Order for cessation of operation of amusement | ||
ride or
attraction.
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(a) The Director or an inspector hired by the Department of | ||
Labor
may order, in writing, a temporary and immediate | ||
cessation of operation of
any amusement ride or amusement | ||
attraction if it:
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(1) has been determined
after
inspection to be | ||
hazardous or unsafe;
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(2) is in operation before the Director
has issued a | ||
permit to operate such equipment; or
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(3) the owner or operator is not in compliance with the | ||
insurance
requirements contained in
Section 2-14 of this | ||
Act and any rules or regulations adopted hereunder.
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(b) Operation of the
amusement ride or
amusement attraction | ||
shall not resume until:
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(1) the unsafe or hazardous
condition is corrected to | ||
the satisfaction of the Director or such inspector;
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(2) the Director has issued a permit to operate such | ||
equipment; or
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(3) the
owner or operator is in compliance with the | ||
insurance requirements contained in
Section 2-14 of this | ||
Act and any rules or regulations adopted hereunder, | ||
respectively.
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(Source: P.A. 92-26, eff. 6-28-01.)
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(430 ILCS 85/2-13) (from Ch. 111 1/2, par. 4063)
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Sec. 2-13. Judicial review of action of the Director or | ||
Board may be
sought pursuant to the Administrative Review Law.
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(Source: P.A. 83-1240.)
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(430 ILCS 85/2-14) (from Ch. 111 1/2, par. 4064)
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Sec. 2-14. (1) Except as provided in subsection (2) of this
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Section no person shall operate an amusement ride or attraction | ||
unless
there is in force: (a) a liability insurance policy
or | ||
policies in an aggregate amount of not less than $100,000 for | ||
bodily
injury to or death of one person in any one accident, | ||
and, subject to the
limit for one person, in an amount of not | ||
less than $1,000,000 for bodily
injury to or death of two or | ||
more persons in any one accident, and in an
amount of not less | ||
than $50,000 for injury to or destruction of property
of others | ||
in any one accident, insuring the operator against liability | ||
for
injury or death suffered by a person attending a fair or | ||
carnival; or (b) a
bond in like amount, the aggregate liability | ||
of the surety of which shall
not exceed the face amount | ||
thereof; or (c) a deposit with the Illinois Department of Labor
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Board of cash
or other security acceptable to the Director
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Chairman.
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(2) With respect to the operation of an amusement ride or | ||
attraction
under this Act for a
carnival located at a permanent | ||
site which has 5 or fewer amusement rides,
none of which | ||
operates at a height exceeding 8 feet, the insurance policy,
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bond, or cash or security deposit amount required for bodily | ||
injury to or
death of 2 or more persons in any one accident | ||
shall be not less than $500,000.
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(Source: P.A. 85-144.)
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(430 ILCS 85/2-15) (from Ch. 111 1/2, par. 4065)
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Sec. 2-15. Penalties. 1. Any person who operates an | ||
amusement ride or amusement attraction at
a carnival or fair | ||
without having obtained
a permit from the Director or who | ||
violates any order or rule issued by the
Director or Board | ||
under this Act is guilty of a Class A misdemeanor. Each
day | ||
shall constitute a separate and distinct offense.
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2. Any person who interferes with, impedes, or obstructs in | ||
any manner
the Director or any authorized representative of the | ||
Board or Department
in the performance of their duties under | ||
this Act is guilty
of a Class A misdemeanor.
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(Source: P.A. 83-1240.)
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(430 ILCS 85/2-18) (from Ch. 111 1/2, par. 4068)
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Sec. 2-18. Waiver of inspection. The Director may waive the | ||
requirement
that an amusement ride or amusement attraction or | ||
any part thereof be
inspected before being operated, and may | ||
waive any applicable fees for inspection, if an
operator gives | ||
satisfactory proof to the Director that the amusement ride
or | ||
amusement attraction or any part thereof has passed an | ||
inspection
conducted by a public or private agency whose | ||
inspection standards and
requirements are at least equal to | ||
those requirements and standards
established by the Department
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Board under the provisions of this Act. The annual
permit fees | ||
shall be paid before the Director may waive this requirement.
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(Source: P.A. 83-1240.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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