Public Act 098-0541
 
SB2184 EnrolledLRB098 07681 MGM 37754 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The State Finance Act is amended by adding
Section 5.826 as follows:
 
    (30 ILCS 105/5.826 new)
    Sec. 5.826. The Amusement Ride and Patron Safety Fund.
 
    Section 10. The Carnival and Amusement Rides Safety Act is
amended by changing Sections 2-2, 2-6, 2-8, 2-12, 2-14, and
2-15 and by adding Sections 2-8.1, 2-15.2 and 2-15.3 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; or .
        (g) any inflatable attraction.
    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.
    8. "Carnival worker" means a person who is employed (and is
therefore not a volunteer) by a carnival or fair to manage,
physically operate, or assist in the operation of an amusement
ride or amusement attraction when it is open to the public.
    9. "Volunteer" means a person who operates or assists in
the operation of an amusement ride or amusement attraction for
an owner or operator without pay or lodging. An individual
shall not be considered a volunteer if the individual is
otherwise employed by the same owner or operator to perform the
same type of service as those for which the individual proposes
to volunteer.
    10. "Inflatable attraction" means an amusement ride or
device designed for use that may include, but not be limited
to, bounce, climb, slide, or interactive play, which is made of
flexible fabric, is kept inflated by continuous air flow by one
or more blowers, and relies upon air pressure to maintain its
shape.
(Source: P.A. 95-397, eff. 8-24-07; 95-687, eff. 10-23-07;
96-151, eff. 8-7-09.)
 
    (430 ILCS 85/2-6)  (from Ch. 111 1/2, par. 4056)
    Sec. 2-6. (a) The Director, after consultation with the
consent of the Board at a meeting of the Board, shall
promulgate and formulate definitions, rules and regulations
for the safe installation, repair, maintenance, use,
operation, training standards for operators, and inspection of
all amusement rides and amusement attractions as the Director
finds necessary for the protection of the general public using
amusement rides and amusement attractions. These rules and
standards shall be adopted pursuant to the procedures set forth
in the Illinois Administrative Procedure Act. 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 may
promulgate rules to establish a schedule of fees for
inspections.
    (b) After consultation with the Board, the Director is
authorized to adopt by reference, in whole or in part, any
code, standard, or bulletin issued by a nationally or
internationally recognized organization, such as the Consumer
Product Safety Commission or ASTM International, after a
finding that the adoption of the code, standard, or bulletin
would promote the purposes of this Act.
    Before adopting, modifying or amending any rule consistent
with and necessary for the enforcement of this Act, the
Director 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. 94-801, eff. 5-25-06; 95-397, eff. 8-24-07.)
 
    (430 ILCS 85/2-8)  (from Ch. 111 1/2, par. 4058)
    Sec. 2-8. The Director, after consultation with and the
consent of the Board, shall determine a schedule of permit fees
for each amusement ride or amusement attraction.
(Source: P.A. 94-801, eff. 5-25-06.)
 
    (430 ILCS 85/2-8.1 new)
    Sec. 2-8.1. Suspension and revocation of permit to operate.
    (a) The Department shall have the power to suspend or
revoke an owner's permit for any good cause under the meaning
and purpose of this Act. If a person whose permit has been
suspended or revoked, or whose application for a permit has
been denied, believes that the violation or condition
justifying suspension, revocation, or denial of the permit does
not exist, the person may apply to the Department for
reconsideration through a hearing within 10 working days after
the Department's action. A hearing shall be scheduled, unless
otherwise mutually agreed by the parties, within 48 hours after
the request for hearing.
    (b) Service of notice of a hearing shall be made by
personal service or certified mail to the address shown on the
application for permit, or to any other address on file with
the Department and reasonably believed to be the current
address of the permit holder.
    (c) The written notice of a hearing shall specify the time,
date, and location of the hearing and the reasons for the
action proposed by the Department.
    (d) At the hearing, the Department shall have the burden of
establishing good cause for its action. Good cause exists if
the Department establishes that the permit holder has failed to
comply with the requirements of a permit under this Act and its
rules.
    (e) All hearings held under this Section shall comply with
Article 10 of the Administrative Procedure Act and the
Department's rules of procedure in administrative hearings,
except that formal discovery, such as production requests,
interrogatories, requests to admit, and depositions shall not
be allowed. The parties shall exchange documents and witness
lists prior to hearing and may request third party subpoenas to
be issued.
    (f) The final determination by the Department of Labor
shall be rendered within 5 working days after the conclusion of
the hearing.
    (g) Final determinations made under this Section are
subject to the Administrative Review Law.
 
    (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.
    (c) The Department shall notify the owner or operator in
writing of the grounds for the cessation of operation of the
amusement ride or attraction and of the conditions in need of
correction at the time the order for cessation is issued.
    (d) The owner or operator may appeal an order of cessation
by filing a request for a hearing. The Department shall afford
the owner or operator 10 working days after the date of the
notice to request a hearing. Upon written request for hearing,
the Department shall schedule a formal administrative hearing
in compliance with Article 10 of the Administrative Procedure
Act and pursuant to the provisions of the Department's rules of
procedure in administrative hearings, except that formal
discovery, such as production requests, interrogatories,
requests to admit, and depositions will not be allowed. The
parties shall exchange documents and witness lists prior to
hearing and may request third party subpoenas to be issued.
    (e) The final determination by the Department of Labor
shall be rendered within 5 working days after the conclusion of
the hearing.
    (f) The provisions of the Administrative Review Law shall
apply to and govern all proceedings for the judicial review of
a final determination under this Section.
(Source: P.A. 94-801, eff. 5-25-06.)
 
    (430 ILCS 85/2-14)  (from Ch. 111 1/2, par. 4064)
    Sec. 2-14. No (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
$1,000,000 $100,000 for bodily injury to or death of one or
more persons, damage to or destruction of property of others,
or a combination thereof person in any one accident, and,
subject to the per occurrence limit for one person, in an
aggregate amount of not less than $2,000,000 $1,000,000 for
bodily injury to or death of two or more persons, or damage to
or destruction of property of others, in any one policy period,
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,
or property damage 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
of cash or other security acceptable to the Director.
    (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. 94-801, eff. 5-25-06.)
 
    (430 ILCS 85/2-15)  (from Ch. 111 1/2, par. 4065)
    Sec. 2-15. Penalties.
    (a) Criminal penalties.
        1. Any person who operates an amusement ride or
    amusement attraction at a carnival or fair without having
    obtained a permit from the Department Director or who
    violates any order or rule issued by the Department
    Director 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 Department in the performance of
    their duties under this Act is guilty of a Class A
    misdemeanor.
    (b) Civil penalties. Unless otherwise provided in this Act,
any person who operates an amusement ride or amusement
attraction without having obtained a permit from the Department
in violation of this Act is subject to a civil penalty not to
exceed $2,500 per violation for a first violation and not to
exceed $5,000 for a second or subsequent violation.
    Prior to any determination, or the imposition of any civil
penalty, under this subsection (b), the Department shall notify
the operator in writing of the alleged violation. The
Department shall afford the operator 10 working 15 days after
from the date of the notice to request a hearing present any
written information that the operator wishes the Department to
consider in connection with its determination in the matter.
Upon written request of the operator, the Department shall
schedule a formal administrative hearing in compliance with
Article 10 of the Administrative Procedure Act and the
Department's rules of procedure in administrative hearings,
except that formal discovery, such as production requests,
interrogatories, requests to admit, and depositions shall not
be allowed. The parties shall exchange documents and witness
lists prior to hearing and may request third party subpoenas to
be issued. The final determination by the Department of Labor
shall be rendered within 5 working days after the conclusion of
the hearing. Final determinations made under this Section are
subject to the provisions of the Administrative Review Law
convene an informal fact-finding conference, provided such
request is received by the Department within 15 days of the
date of the notice of the alleged violation. In determining the
amount of a penalty, the Director may consider the
appropriateness of the penalty to the person or entity charged,
upon determination of the gravity of the violation. The
penalties, when finally determined, Penalties may be recovered
in a civil action brought by the Director of Labor in any
circuit court. In this litigation, the Director of Labor shall
be represented by the Attorney General.
(Source: P.A. 96-151, eff. 8-7-09.)
 
    (430 ILCS 85/2-15.2 new)
    Sec. 2-15.2. Injunction to compel compliance.
    (a) The Department shall have the power to bring injunctive
proceedings in any court of competent jurisdiction to compel
compliance with any order made by the Department under this
Act.
    (b) The Department shall also have the power to bring
temporary and immediate injunctive relief in any court of
competent jurisdiction when necessary for the protection of the
health and safety of the general public using amusement rides
and amusement attractions.
 
    (430 ILCS 85/2-15.3 new)
    Sec. 2-15.3. Amusement Ride and Patron Safety Fund. All
moneys received by the Department as fees and penalties under
this Act shall be deposited into the Amusement Ride and Patron
Safety Fund and shall be used by the Department, subject to
appropriation by the General Assembly, in addition to any
General Revenue funds, for administration, investigation, and
other expenses incurred in carrying out its powers and duties
under this Act. The Department shall hire as many inspectors
and other personnel as may be necessary to carry out the
purposes of this Act. Any moneys in the Fund at the end of a
fiscal year in excess of those moneys necessary for the
Department to carry out its powers and duties under this Act
shall be available to the Department for the next fiscal year
for any of the Department's duties and may be transferred from
the Amusement Ride and Patron Safety Fund to the various
accounts available to the Department, as needed.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.