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Rep. Robyn Gabel
Filed: 4/24/2017
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| 1 | | AMENDMENT TO HOUSE BILL 3897
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| 2 | | AMENDMENT NO. ______. Amend House Bill 3897 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Amusement Ride and Attraction Safety Act is |
| 5 | | amended by changing Section 2-2 as follows:
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| 6 | | (430 ILCS 85/2-2) (from Ch. 111 1/2, par. 4052)
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| 7 | | Sec. 2-2. Definitions. As used in this Act, unless the |
| 8 | | context
otherwise requires:
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| 9 | | 1. "Director" means the Director of Labor or his or her |
| 10 | | designee.
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| 11 | | 2. "Department" means Department of Labor.
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| 12 | | 3. "Amusement attraction" means an enclosed building or |
| 13 | | structure,
including electrical equipment which is an integral |
| 14 | | part of the building or
structure, through which people walk |
| 15 | | without the aid of any moving device,
that provides amusement, |
| 16 | | thrills or excitement at a fair, carnival, or an amusement |
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| 1 | | enterprise,
except any such enclosed building or structure |
| 2 | | which is subject to the
jurisdiction of a local building code.
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| 3 | | 4. "Amusement ride" means:
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| 4 | | (a) any mechanized device
or combination of devices, |
| 5 | | including electrical equipment which is an
integral part of |
| 6 | | the device or devices, which carries passengers along,
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| 7 | | around, or over a fixed or restricted course for the |
| 8 | | primary purpose of
giving its passengers amusement, |
| 9 | | pleasure, thrills, or excitement;
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| 10 | | (b) any ski lift, rope tow, or other device used to |
| 11 | | transport snow
skiers;
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| 12 | | (c) (blank);
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| 13 | | (c-5) any trampoline court; |
| 14 | | (d) any dry slide, alpine slide, or toboggan
slide;
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| 15 | | (e) any tram, open car, or combination of open cars or |
| 16 | | wagons pulled
by a tractor or other motorized device which |
| 17 | | is not licensed by the
Secretary of State, which may, but |
| 18 | | does not necessarily follow a fixed or
restricted course, |
| 19 | | and is used primarily for the purpose of giving its
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| 20 | | passengers amusement, pleasure, thrills or excitement, and |
| 21 | | for which an
individual fee is charged or a donation |
| 22 | | accepted with the exception of
hayrack rides;
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| 23 | | (f) any bungee cord or similar elastic device; or |
| 24 | | (g) any inflatable attraction.
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| 25 | | 5. "Carnival" or "amusement enterprise" means an |
| 26 | | enterprise which offers amusement or entertainment
to the |
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| 1 | | public by means of one or more amusement attractions or |
| 2 | | amusement rides.
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| 3 | | 6. "Fair" means an enterprise principally devoted to the |
| 4 | | exhibition of
products of agriculture or industry in connection |
| 5 | | with which
amusement rides or amusement attractions are |
| 6 | | operated.
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| 7 | | 7. "Operator" means a person, or the agent of a person, who |
| 8 | | owns or
controls or has the duty to control the operation of an |
| 9 | | amusement ride or
an amusement attraction at a carnival, |
| 10 | | amusement enterprise, or fair. "Operator" includes an
agency of |
| 11 | | the State or any of its political subdivisions.
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| 12 | | 8. "Carnival worker" or "amusement enterprise worker" |
| 13 | | means a person who is employed (and is therefore not a |
| 14 | | volunteer) by a carnival, amusement enterprise, or fair to |
| 15 | | manage, physically operate, or assist in the operation of an |
| 16 | | amusement ride or amusement attraction when it is open to the |
| 17 | | public.
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| 18 | | 9. "Volunteer" means a person who operates or assists in |
| 19 | | the operation of an amusement ride or amusement attraction for |
| 20 | | an owner or operator without pay or lodging. An individual |
| 21 | | shall not be considered a volunteer if the individual is |
| 22 | | otherwise employed by the same owner or operator to perform the |
| 23 | | same type of service as those for which the individual proposes |
| 24 | | to volunteer. |
| 25 | | 10. "Inflatable attraction" means an amusement ride or |
| 26 | | device designed for use that may include, but not be limited |
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| 1 | | to, bounce, climb, slide, or interactive play, which is made of |
| 2 | | flexible fabric, is kept inflated by continuous air flow by one |
| 3 | | or more blowers, and relies upon air pressure to maintain its |
| 4 | | shape. |
| 5 | | 11. "Trampoline court" means a commercial facility with a |
| 6 | | defined area composed of one or more trampolines, a series of |
| 7 | | trampolines, a trampoline court foam pit, or a series of |
| 8 | | trampoline court foam pits. "Trampoline court" does not include |
| 9 | | a gymnastic training facility that derives a majority of its |
| 10 | | revenue from supervised instruction in the teaching of |
| 11 | | gymnastic skills and basics. |
| 12 | | (Source: P.A. 98-541, eff. 8-23-13; 98-769, eff. 1-1-15; |
| 13 | | 99-116, eff. 1-1-16.)
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| 14 | | Section 99. Effective date. This Act takes effect January |
| 15 | | 1, 2018.".
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