|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning regulation.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Carnival and Amusement Rides Safety Act is | ||||||
5 | amended by changing Sections 2-2 and 2-6 and by adding Section | ||||||
6 | 2-20 as follows:
| ||||||
7 | (430 ILCS 85/2-2) (from Ch. 111 1/2, par. 4052)
| ||||||
8 | Sec. 2-2. Definitions. As used in this Act, unless the | ||||||
9 | context
otherwise requires:
| ||||||
10 | 1. "Director" means the Director of Labor or his or her | ||||||
11 | designee.
| ||||||
12 | 2. "Department" means Department of Labor.
| ||||||
13 | 3. "Amusement Attraction" means an enclosed building or | ||||||
14 | structure,
including electrical equipment which is an integral | ||||||
15 | part of the building or
structure, through which people walk | ||||||
16 | without the aid of any moving device,
that provides amusement, | ||||||
17 | thrills or excitement at a fair or carnival,
except any such | ||||||
18 | enclosed building or structure which is subject to the
| ||||||
19 | jurisdiction of a local building code.
| ||||||
20 | 4. "Amusement ride" means:
| ||||||
21 | (a) any mechanized device
or combination of devices, | ||||||
22 | including electrical equipment which is an
integral part of | ||||||
23 | the device or devices, which carries passengers along,
|
| |||||||
| |||||||
1 | around, or over a fixed or restricted course for the | ||||||
2 | primary purpose of
giving its passengers amusement, | ||||||
3 | pleasure, thrills, or excitement;
| ||||||
4 | (b) any ski lift, rope tow, or other device used to | ||||||
5 | transport snow
skiers;
| ||||||
6 | (c) (blank);
| ||||||
7 | (d) any dry slide over 20 feet in height, alpine slide, | ||||||
8 | or toboggan
slide;
| ||||||
9 | (e) any tram, open car, or combination of open cars or | ||||||
10 | wagons pulled
by a tractor or other motorized device which | ||||||
11 | is not licensed by the
Secretary of State, which may, but | ||||||
12 | does not necessarily follow a fixed or
restricted course, | ||||||
13 | and is used primarily for the purpose of giving its
| ||||||
14 | passengers amusement, pleasure, thrills or excitement, and | ||||||
15 | for which an
individual fee is charged or a donation | ||||||
16 | accepted with the exception of
hayrack rides; or
| ||||||
17 | (f) any bungee cord or similar elastic device.
| ||||||
18 | 5. "Carnival" means an enterprise which offers amusement or | ||||||
19 | entertainment
to the public by means of one or more amusement | ||||||
20 | attractions or amusement rides.
| ||||||
21 | 6. "Fair" means an enterprise principally devoted to the | ||||||
22 | exhibition of
products of agriculture or industry in connection | ||||||
23 | with which
amusement rides or amusement attractions are | ||||||
24 | operated.
| ||||||
25 | 7. "Operator" means a person, or the agent of a person, who | ||||||
26 | owns or
controls or has the duty to control the operation of an |
| |||||||
| |||||||
1 | amusement ride or
an amusement attraction at a carnival or | ||||||
2 | fair. "Operator" includes an
agency of the State or any of its | ||||||
3 | political subdivisions.
| ||||||
4 | 8. "Carnival worker" means a person who is employed by a | ||||||
5 | carnival to physically operate an amusement ride or amusement | ||||||
6 | attraction when it is open to the public and who is not a | ||||||
7 | volunteer.
| ||||||
8 | (Source: P.A. 94-801, eff. 5-25-06.)
| ||||||
9 | (430 ILCS 85/2-6) (from Ch. 111 1/2, par. 4056)
| ||||||
10 | Sec. 2-6. The Director, with the consent of the Board, | ||||||
11 | shall promulgate and formulate definitions, rules
and | ||||||
12 | regulations for the safe installation, repair, maintenance, | ||||||
13 | use, operation , training standards for operators,
and | ||||||
14 | inspection of all amusement rides and amusement attractions as | ||||||
15 | the
Director finds necessary for the protection of
the general | ||||||
16 | public using amusement rides and amusement attractions. The | ||||||
17 | rules shall be
based upon generally accepted engineering | ||||||
18 | standards and shall be concerned
with, but not necessarily | ||||||
19 | limited to, engineering force stresses, safety
devices, and | ||||||
20 | preventive maintenance. Whenever such standards are available
| ||||||
21 | in suitable form they may be incorporated by reference. The | ||||||
22 | rules shall
provide for the reporting of accidents and injuries | ||||||
23 | incurred from the operation
of amusement rides or amusement | ||||||
24 | attractions.
In addition to the permit fee herein provided, the | ||||||
25 | Director may promulgate
rules to establish a schedule of fees |
| |||||||
| |||||||
1 | for inspections.
| ||||||
2 | Before adopting, modifying or amending any rule consistent | ||||||
3 | with and necessary
for the enforcement of this Act, the | ||||||
4 | Director shall hold a
public hearing on the proposed rule, | ||||||
5 | modification or amendment to a
rule. Any interested person may | ||||||
6 | appear and be heard at the hearing, in person
or by agent or | ||||||
7 | counsel. The Director shall give the news media notice of
each | ||||||
8 | hearing at least 30 days in advance of the hearing date and | ||||||
9 | shall make
available a copy of the proposed rule, or | ||||||
10 | modification or amendment to a
rule to any person requesting | ||||||
11 | same. The provisions of this Section are in
addition to all | ||||||
12 | other existing requirements pertaining to the promulgation
of | ||||||
13 | administrative rules and regulations.
| ||||||
14 | (Source: P.A. 94-801, eff. 5-25-06.)
| ||||||
15 | (430 ILCS 85/2-20 new) | ||||||
16 | Sec. 2-20. Employment of carnival workers. | ||||||
17 | (a) Beginning on January 1, 2008, no person, firm, | ||||||
18 | corporation, or other entity that owns or operates a carnival | ||||||
19 | shall employ a carnival worker who (i) has been convicted of | ||||||
20 | any offense set forth in Article 11 of the Criminal Code of | ||||||
21 | 1961, (ii) is a registered sex offender, as defined in the Sex | ||||||
22 | Offender Registration Act, or (iii) has ever been convicted of | ||||||
23 | any offense set forth in Article 9 of the Criminal Code of | ||||||
24 | 1961. | ||||||
25 | Any person, firm, corporation, or other entity that owns or |
| |||||||
| |||||||
1 | operates a carnival and knowingly violates the provisions of | ||||||
2 | this subsection (a) shall be assessed a civil penalty in an | ||||||
3 | amount not less than $1,000 and not more than $5,000 for a | ||||||
4 | first offense, and not less than $5,000 and not more than | ||||||
5 | $10,000 for a second or subsequent offense. | ||||||
6 | (b) In the interest of compliance with the requirements of | ||||||
7 | this Section, a person, firm, corporation, or other entity that | ||||||
8 | owns or operates a carnival must conduct a criminal history | ||||||
9 | records check for each carnival worker in its employ consistent | ||||||
10 | with the Illinois Uniform Conviction Information Act and | ||||||
11 | perform a check of the Sex Offender Registry maintained by the | ||||||
12 | Department of State Police for each carnival worker in its | ||||||
13 | employ. | ||||||
14 | In the case of carnival workers who are hired on a | ||||||
15 | temporary basis to work at a specific event, the carnival owner | ||||||
16 | may work with local enforcement agencies in order to expedite | ||||||
17 | the criminal history records check required under this | ||||||
18 | subsection (b). | ||||||
19 | Individuals who are under the age of 17 are exempt from the | ||||||
20 | criminal history records check requirements set forth in this | ||||||
21 | subsection (b). | ||||||
22 | (c) Any person, firm, corporation, or other entity that | ||||||
23 | owns or operates a carnival must have a substance abuse policy | ||||||
24 | in place for its workers, which shall include random drug | ||||||
25 | testing of carnival workers. | ||||||
26 | Section 99. Effective date. This Act takes effect upon |
| |||||||
| |||||||
1 | becoming law. |