Public Act 094-0801
 
HB4904 Enrolled LRB094 17115 LCT 52401 b

    AN ACT concerning public safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    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:
 
    (430 ILCS 85/2-2)  (from Ch. 111 1/2, par. 4052)
    Sec. 2-2. Definitions. As used in this Act, unless the
context otherwise requires:
    1. "Director" means the Director of Labor or his or her
designee.
    2. "Department" means Department of Labor.
    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
jurisdiction of a local building code.
    4. "Amusement ride" means:
        (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,
    around, or over a fixed or restricted course for the
    primary purpose of giving its passengers amusement,
    pleasure, thrills, or excitement;
        (b) any ski lift, rope tow, or other device used to
    transport snow skiers;
        (c) (blank);
        (d) any dry slide over 20 feet in height, alpine slide,
    or toboggan slide;
        (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
    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
        (f) any bungee cord or similar elastic device.
    5. "Carnival" means an enterprise which offers amusement or
entertainment to the public by means of one or more amusement
attractions or amusement rides.
    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.
    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.
(Source: P.A. 92-26, eff. 7-1-01.)
 
    (430 ILCS 85/2-3)  (from Ch. 111 1/2, par. 4053)
    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.
(Source: P.A. 84-533.)
 
    (430 ILCS 85/2-4)  (from Ch. 111 1/2, par. 4054)
    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.
(Source: P.A. 84-533.)
 
    (430 ILCS 85/2-6)  (from Ch. 111 1/2, par. 4056)
    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
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.
    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.
(Source: P.A. 83-1240.)
 
    (430 ILCS 85/2-7)  (from Ch. 111 1/2, par. 4057)
    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.
(Source: P.A. 83-1240.)
 
    (430 ILCS 85/2-8)  (from Ch. 111 1/2, par. 4058)
    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.
(Source: P.A. 85-229.)
 
    (430 ILCS 85/2-9)  (from Ch. 111 1/2, par. 4059)
    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.
(Source: P.A. 84-8.)
 
    (430 ILCS 85/2-12)  (from Ch. 111 1/2, par. 4062)
    Sec. 2-12. Order for cessation of operation of amusement
ride or attraction.
    (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:
        (1) has been determined after inspection to be
    hazardous or unsafe;
        (2) is in operation before the Director has issued a
    permit to operate such equipment; or
        (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.
    (b) Operation of the amusement ride or amusement attraction
shall not resume until:
        (1) the unsafe or hazardous condition is corrected to
    the satisfaction of the Director or such inspector;
        (2) the Director has issued a permit to operate such
    equipment; or
        (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.
(Source: P.A. 92-26, eff. 6-28-01.)
 
    (430 ILCS 85/2-13)  (from Ch. 111 1/2, par. 4063)
    Sec. 2-13. Judicial review of action of the Director or
Board may be sought pursuant to the Administrative Review Law.
(Source: P.A. 83-1240.)
 
    (430 ILCS 85/2-14)  (from Ch. 111 1/2, par. 4064)
    Sec. 2-14. (1) Except as provided in subsection (2) of this
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
Board of cash or other security acceptable to the Director
Chairman.
    (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,
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.
(Source: P.A. 85-144.)
 
    (430 ILCS 85/2-15)  (from Ch. 111 1/2, par. 4065)
    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.
    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.
(Source: P.A. 83-1240.)
 
    (430 ILCS 85/2-18)  (from Ch. 111 1/2, par. 4068)
    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
Board under the provisions of this Act. The annual permit fees
shall be paid before the Director may waive this requirement.
(Source: P.A. 83-1240.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.