|
Public Act 098-0769
|
| SB3125 Enrolled | LRB098 18405 MGM 53542 b |
|
|
AN ACT concerning 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 2-1, 2-2, 2-3, 2-10, 2-15, 2-17, |
and 2-20 as follows:
|
(430 ILCS 85/2-1) (from Ch. 111 1/2, par. 4051)
|
Sec. 2-1.
This Article shall be known and may be cited as |
the "Amusement Ride and Attraction Safety Act"
"Carnival and |
Amusement Rides Safety Act".
|
(Source: P.A. 83-1240.)
|
(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, or an amusement |
|
enterprise,
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;
|
(f) any bungee cord or similar elastic device; or |
(g) any inflatable attraction.
|
5. "Carnival" or "amusement enterprise" 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, |
amusement enterprise, or fair. "Operator" includes an
agency of |
the State or any of its political subdivisions.
|
8. "Carnival worker" or "amusement enterprise worker" |
means a person who is employed (and is therefore not a |
volunteer) by a carnival, amusement enterprise, 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. 98-541, eff. 8-23-13.)
|
(430 ILCS 85/2-3) (from Ch. 111 1/2, par. 4053)
|
Sec. 2-3. There is hereby created the Amusement Ride and |
Attraction Safety Board Carnival-Amusement Safety Board,
|
hereafter in this Act referred to as the "Board", to consist of |
9
members. One member shall be the Director. Eight members |
shall
be appointed by the Governor with the advice and consent |
of the Senate.
The term of members shall be 4 years. Of the
8 |
appointed members of the Board, 2 shall be operators of |
amusement rides, 1 shall be a registered professional engineer, |
1 shall represent the insurance industry, and 4 shall represent |
the general public. The Board shall advise the Department on |
carnival, amusement enterprise, and amusement safety matters.
|
(Source: P.A. 97-737, eff. 7-3-12.)
|
(430 ILCS 85/2-10) (from Ch. 111 1/2, par. 4060)
|
Sec. 2-10. No amusement ride or amusement attraction
shall |
be operated at a carnival, amusement enterprise, or fair in |
this State
without a permit having been issued by the Director |
to an operator of such
equipment. At least 30 days prior to the |
first day of operation or the expiration of the permit, any |
|
person required
to obtain a permit by this Act shall apply to |
the Director for a permit
on a form furnished by the Director |
which form shall contain such information
as the Director may |
require. The Director may waive the requirement that
an |
application for a permit must be filed at least 30 days prior |
to the first day of operation or the expiration of the permit |
if the applicant gives satisfactory proof to the Director
that |
he could not reasonably comply with the date requirement and if |
the
applicant immediately applies for a permit after the need |
for a permit is
first determined. For the purpose of |
determining if an amusement ride or
amusement attraction is in |
safe operating condition and will provide
protection to the |
public using such amusement ride or amusement attraction,
each |
amusement ride or amusement attraction shall be inspected by |
the
Director before it is initially placed in operation in this |
State, and
shall thereafter be inspected at least once each |
year.
|
If, after inspection, an amusement ride or amusement |
attraction is found
to comply with the rules adopted under this |
Act, the Director shall issue
a permit for the operation of the |
amusement ride or amusement attraction.
The permit shall be |
issued conditioned upon the payment of the permit fee
and any |
applicable inspection fee at the time the application for |
permit to
operate is
filed with the Department
and may be |
suspended as provided in the Department's rules.
|
If, after inspection, additions or alterations are |
|
contemplated which change
a structure, mechanism, |
classification or capacity, the operator shall notify
the |
Director of his intentions in writing and provide any plans or |
diagrams
requested by the Director.
|
(Source: P.A. 96-151, eff. 8-7-09.)
|
(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, amusement enterprise, |
or fair without having obtained
a permit from the |
Department or who violates any order or rule issued by the |
Department
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 days after the |
date of the notice to request a hearing. Upon written request |
of the operator, the Department shall schedule a formal |
administrative hearing in compliance with Article 10 of the |
Illinois 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. 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, 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. 98-541, eff. 8-23-13; revised 11-15-13.)
|
|
(430 ILCS 85/2-17) (from Ch. 111 1/2, par. 4067)
|
Sec. 2-17.
A municipality within its corporate limits and a |
county
within unincorporated areas within its boundaries may |
inspect, license or regulate
any amusement ride or amusement |
attraction operated at a carnival, amusement enterprise, or |
fair,
provided that any safety standards or regulations |
implemented by a
municipality or county in connection therewith |
shall be at least as
stringent as those provided for in this |
Act and the rules and regulations
adopted hereunder. Any |
municipality or county which inspects, licenses, or
otherwise |
regulates amusement rides or amusement attractions may impose
|
reasonable fees to cover the costs thereof.
|
(Source: P.A. 83-1240.)
|
(430 ILCS 85/2-20) |
Sec. 2-20. Employment of carnival and amusement enterprise |
workers. |
(a) Beginning on January 1, 2008, no person, firm, |
corporation, or other entity that owns or operates a carnival, |
amusement enterprise, or fair shall employ a carnival or |
amusement enterprise worker who (i) has been convicted of any |
offense set forth in Article 11 of the Criminal Code of 1961 or |
the Criminal Code of 2012, (ii) is a registered sex offender, |
as defined in the Sex Offender Registration Act, or (iii) has |
ever been convicted of any offense set forth in Article 9 of |
|
the Criminal Code of 1961 or the Criminal Code of 2012. |
(b) A person, firm, corporation, or other entity that owns |
or operates a carnival, amusement enterprise, or fair must |
conduct a criminal history records check and perform a check of |
the National Sex Offender Public Registry for carnival or |
amusement enterprise workers at the time they are hired, and |
annually thereafter except if they are in the continued employ |
of the entity. |
The criminal history records check performed under this |
subsection (b) shall be performed by the Illinois State Police, |
another State or federal law enforcement agency, or a business |
belonging to the National Association of Professional |
Background Check Screeners. Any criminal history checks |
performed by the Illinois State Police shall be pursuant to the |
Illinois Uniform Conviction Information Act. |
Individuals who are under the age of 17 are exempt from the |
criminal history records check requirements set forth in this |
subsection (b). |
(c) Any person, firm, corporation, or other entity that |
owns or operates a carnival, amusement enterprise, or fair must |
have a substance abuse policy in place for its workers, which |
shall include random drug testing of carnival or amusement |
enterprise workers. |
(d) Any person, firm, corporation, or other entity that |
owns or operates a carnival, amusement enterprise, or fair that |
violates the provisions of subsection (a) of this Section or |
|
fails to conduct a criminal history records check or a sex |
offender registry check for carnival or amusement enterprise |
workers in its employ, as required by subsection (b) of this |
Section, shall be assessed a civil penalty in an amount not to |
exceed $1,000 for a first offense, not to exceed $5,000 for a |
second offense, and not to exceed $15,000 for a third or |
subsequent offense. The collection of these penalties shall be |
enforced in a civil action brought by the Attorney General on |
behalf of the Department. |
(e) A carnival, amusement enterprise, or fair owner is not |
responsible for: |
(1) any personal information submitted by a carnival or |
amusement enterprise worker for criminal history records |
check purposes; or |
(2) any information provided by a third party for a |
criminal history records check or a sex offender registry |
check. |
(f) Recordkeeping requirements. Any person, firm, |
corporation, or other entity that owns or operates a carnival, |
amusement enterprise, or fair subject to the provisions of this |
Act shall make, preserve, and make available to the Department, |
upon its request, all records that are required by this Act, |
including but not limited to a written substance abuse policy, |
evidence of the required criminal history records check and sex |
offender registry check, and any other information the Director |
may deem necessary and appropriate for enforcement of this Act. |