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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Finance Act is amended by adding | ||||||
5 | Section 5.826 as follows: | ||||||
6 | (30 ILCS 105/5.826 new) | ||||||
7 | Sec. 5.826. The Amusement Ride and Patron Safety Fund. | ||||||
8 | Section 10. The Carnival and Amusement Rides Safety Act is | ||||||
9 | amended by changing Sections 2-2, 2-6, 2-8, 2-12, 2-14, and | ||||||
10 | 2-15 and by adding Sections 2-8.1, 2-15.2 and 2-15.3 as | ||||||
11 | follows:
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12 | (430 ILCS 85/2-2) (from Ch. 111 1/2, par. 4052)
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13 | Sec. 2-2. Definitions. As used in this Act, unless the | ||||||
14 | context
otherwise requires:
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15 | 1. "Director" means the Director of Labor or his or her | ||||||
16 | designee.
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17 | 2. "Department" means Department of Labor.
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18 | 3. "Amusement Attraction" means an enclosed building or | ||||||
19 | structure,
including electrical equipment which is an integral | ||||||
20 | part of the building or
structure, through which people walk | ||||||
21 | without the aid of any moving device,
that provides amusement, |
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1 | thrills or excitement at a fair or carnival,
except any such | ||||||
2 | enclosed building or structure which is subject to the
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3 | jurisdiction of a local building code.
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4 | 4. "Amusement ride" means:
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5 | (a) any mechanized device
or combination of devices, | ||||||
6 | including electrical equipment which is an
integral part of | ||||||
7 | the device or devices, which carries passengers along,
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8 | around, or over a fixed or restricted course for the | ||||||
9 | primary purpose of
giving its passengers amusement, | ||||||
10 | pleasure, thrills, or excitement;
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11 | (b) any ski lift, rope tow, or other device used to | ||||||
12 | transport snow
skiers;
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13 | (c) (blank);
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14 | (d) any dry slide over 20 feet in height, alpine slide, | ||||||
15 | or toboggan
slide;
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16 | (e) any tram, open car, or combination of open cars or | ||||||
17 | wagons pulled
by a tractor or other motorized device which | ||||||
18 | is not licensed by the
Secretary of State, which may, but | ||||||
19 | does not necessarily follow a fixed or
restricted course, | ||||||
20 | and is used primarily for the purpose of giving its
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21 | passengers amusement, pleasure, thrills or excitement, and | ||||||
22 | for which an
individual fee is charged or a donation | ||||||
23 | accepted with the exception of
hayrack rides; or
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24 | (f) any bungee cord or similar elastic device ; or . | ||||||
25 | (g) any inflatable attraction.
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26 | 5. "Carnival" means an enterprise which offers amusement or |
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1 | entertainment
to the public by means of one or more amusement | ||||||
2 | attractions or 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 or | ||||||
10 | fair. "Operator" includes an
agency of the State or any of its | ||||||
11 | political subdivisions.
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12 | 8. "Carnival worker" means a person who is employed (and is | ||||||
13 | therefore not a volunteer) by a carnival or fair to manage, | ||||||
14 | physically operate, or assist in the operation of an amusement | ||||||
15 | ride or amusement attraction when it is open to the public.
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16 | 9. "Volunteer" means a person who operates or assists in | ||||||
17 | the operation of an amusement ride or amusement attraction for | ||||||
18 | an owner or operator without pay or lodging. An individual | ||||||
19 | shall not be considered a volunteer if the individual is | ||||||
20 | otherwise employed by the same owner or operator to perform the | ||||||
21 | same type of service as those for which the individual proposes | ||||||
22 | to volunteer. | ||||||
23 | 10. "Inflatable attraction" means an amusement ride or | ||||||
24 | device designed for use that may include, but not be limited | ||||||
25 | to, bounce, climb, slide, or interactive play, which is made of | ||||||
26 | flexible fabric, is kept inflated by continuous air flow by one |
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1 | or more blowers, and relies upon air pressure to maintain its | ||||||
2 | shape. | ||||||
3 | (Source: P.A. 95-397, eff. 8-24-07; 95-687, eff. 10-23-07; | ||||||
4 | 96-151, eff. 8-7-09.)
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5 | (430 ILCS 85/2-6) (from Ch. 111 1/2, par. 4056)
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6 | Sec. 2-6. (a) The Director, after consultation with the | ||||||
7 | consent of the Board at a meeting of the Board , shall | ||||||
8 | promulgate and formulate definitions, rules
and regulations | ||||||
9 | for the safe installation, repair, maintenance, use, | ||||||
10 | operation, training standards for operators,
and inspection of | ||||||
11 | all amusement rides and amusement attractions as the
Director | ||||||
12 | finds necessary for the protection of
the general public using | ||||||
13 | amusement rides and amusement attractions. These rules and | ||||||
14 | standards shall be adopted pursuant to the procedures set forth | ||||||
15 | in the Illinois Administrative Procedure Act. The rules shall | ||||||
16 | be
based upon generally accepted engineering standards and | ||||||
17 | shall be concerned
with, but not necessarily limited to, | ||||||
18 | engineering force stresses, safety
devices, and preventive | ||||||
19 | maintenance. Whenever such standards are available
in suitable | ||||||
20 | form they may be incorporated by reference. The rules shall
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21 | provide for the reporting of accidents and injuries incurred | ||||||
22 | from the operation
of amusement rides or amusement attractions.
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23 | In addition to the permit fee herein provided, the Director may | ||||||
24 | promulgate
rules to establish a schedule of fees for | ||||||
25 | inspections.
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1 | (b) After consultation with the Board, the Director is | ||||||
2 | authorized to adopt by reference, in whole or in part, any | ||||||
3 | code, standard, or bulletin issued by a nationally or | ||||||
4 | internationally recognized organization, such as the Consumer | ||||||
5 | Product Safety Commission or ASTM International, after a | ||||||
6 | finding that the adoption of the code, standard, or bulletin | ||||||
7 | would promote the purposes of this Act. | ||||||
8 | Before adopting, modifying or amending any rule consistent | ||||||
9 | with and necessary
for the enforcement of this Act, the | ||||||
10 | Director shall hold a
public hearing on the proposed rule, | ||||||
11 | modification or amendment to a
rule. Any interested person may | ||||||
12 | appear and be heard at the hearing, in person
or by agent or | ||||||
13 | counsel. The Director shall give the news media notice of
each | ||||||
14 | hearing at least 30 days in advance of the hearing date and | ||||||
15 | shall make
available a copy of the proposed rule, or | ||||||
16 | modification or amendment to a
rule to any person requesting | ||||||
17 | same. The provisions of this Section are in
addition to all | ||||||
18 | other existing requirements pertaining to the promulgation
of | ||||||
19 | administrative rules and regulations.
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20 | (Source: P.A. 94-801, eff. 5-25-06; 95-397, eff. 8-24-07.)
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21 | (430 ILCS 85/2-8) (from Ch. 111 1/2, par. 4058)
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22 | Sec. 2-8. The Director, after consultation with and the | ||||||
23 | consent of the Board, shall determine a schedule of permit fees | ||||||
24 | for each
amusement ride or amusement attraction.
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25 | (Source: P.A. 94-801, eff. 5-25-06.)
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1 | (430 ILCS 85/2-8.1 new) | ||||||
2 | Sec. 2-8.1. Suspension and revocation of permit to operate. | ||||||
3 | (a)
The Department shall have the power to suspend or | ||||||
4 | revoke an owner's permit for any good cause under the meaning | ||||||
5 | and purpose of this Act. If a person whose permit has been | ||||||
6 | suspended or revoked, or whose application for a permit has | ||||||
7 | been denied, believes that the violation or condition | ||||||
8 | justifying suspension, revocation, or denial of the permit does | ||||||
9 | not exist, the person may apply to the Department for | ||||||
10 | reconsideration through a hearing within 10 working days after | ||||||
11 | the Department's action. A hearing shall be scheduled, unless | ||||||
12 | otherwise mutually agreed by the parties, within 48 hours after | ||||||
13 | the request for hearing. | ||||||
14 | (b) Service of notice of a hearing shall be made by | ||||||
15 | personal service or certified mail to the address shown on the | ||||||
16 | application for permit, or to any other address on file with | ||||||
17 | the Department and reasonably believed to be the current | ||||||
18 | address of the permit holder. | ||||||
19 | (c) The written notice of a hearing shall specify the time, | ||||||
20 | date, and location of the hearing and the reasons for the | ||||||
21 | action proposed by the Department. | ||||||
22 | (d) At the hearing, the Department shall have the burden of | ||||||
23 | establishing good cause for its action. Good cause exists if | ||||||
24 | the Department establishes that the permit holder has failed to | ||||||
25 | comply with the requirements of a permit under this Act and its |
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1 | rules. | ||||||
2 | (e) All hearings held under this Section shall comply with | ||||||
3 | Article 10 of the Administrative Procedure Act and the | ||||||
4 | Department's rules of procedure in administrative hearings, | ||||||
5 | except that formal discovery, such as production requests, | ||||||
6 | interrogatories, requests to admit, and depositions shall not | ||||||
7 | be allowed. The parties shall exchange documents and witness | ||||||
8 | lists prior to hearing and may request third party subpoenas to | ||||||
9 | be issued. | ||||||
10 | (f) The final determination by the Department of Labor | ||||||
11 | shall be rendered within 5 working days after the conclusion of | ||||||
12 | the hearing. | ||||||
13 | (g) Final determinations made under this Section are | ||||||
14 | subject to the Administrative Review Law.
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15 | (430 ILCS 85/2-12) (from Ch. 111 1/2, par. 4062)
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16 | Sec. 2-12. Order for cessation of operation of amusement | ||||||
17 | ride or
attraction.
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18 | (a) The Director or an inspector hired by the Department of | ||||||
19 | Labor
may order, in writing, a temporary and immediate | ||||||
20 | cessation of operation of
any amusement ride or amusement | ||||||
21 | attraction if it:
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22 | (1) has been determined
after
inspection to be | ||||||
23 | hazardous or unsafe;
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24 | (2) is in operation before the Director
has issued a | ||||||
25 | permit to operate such equipment; or
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1 | (3) the owner or operator is not in compliance with the | ||||||
2 | insurance
requirements contained in
Section 2-14 of this | ||||||
3 | Act and any rules or regulations adopted hereunder.
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4 | (b) Operation of the
amusement ride or
amusement attraction | ||||||
5 | shall not resume until:
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6 | (1) the unsafe or hazardous
condition is corrected to | ||||||
7 | the satisfaction of the Director or such inspector;
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8 | (2) the Director has issued a permit to operate such | ||||||
9 | equipment; or
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10 | (3) the
owner or operator is in compliance with the | ||||||
11 | insurance requirements contained in
Section 2-14 of this | ||||||
12 | Act and any rules or regulations adopted hereunder, | ||||||
13 | respectively. | ||||||
14 | (c) The Department shall notify the owner or operator in | ||||||
15 | writing of the grounds for the cessation of operation of the | ||||||
16 | amusement ride or attraction and of the conditions in need of | ||||||
17 | correction at the time the order for cessation is issued. | ||||||
18 | (d) The owner or operator may appeal an order of cessation | ||||||
19 | by filing a request for a hearing. The Department shall afford | ||||||
20 | the owner or operator 10 working days after the date of the | ||||||
21 | notice to request a hearing. Upon written request for hearing, | ||||||
22 | the Department shall schedule a formal administrative hearing | ||||||
23 | in compliance with Article 10 of the Administrative Procedure | ||||||
24 | Act and pursuant to the provisions of the Department's rules of | ||||||
25 | procedure in administrative hearings, except that formal | ||||||
26 | discovery, such as production requests, interrogatories, |
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1 | requests to admit, and depositions will not be allowed. The | ||||||
2 | parties shall exchange documents and witness lists prior to | ||||||
3 | hearing and may request third party subpoenas to be issued. | ||||||
4 | (e) The final determination by the Department of Labor | ||||||
5 | shall be rendered within 5 working days after the conclusion of | ||||||
6 | the hearing. | ||||||
7 | (f) The provisions of the Administrative Review Law shall | ||||||
8 | apply to and govern all proceedings for the judicial review of | ||||||
9 | a final determination under this Section.
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10 | (Source: P.A. 94-801, eff. 5-25-06.)
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11 | (430 ILCS 85/2-14) (from Ch. 111 1/2, par. 4064)
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12 | Sec. 2-14. No (1) Except as provided in subsection (2) of | ||||||
13 | this
Section no person shall operate an amusement ride or | ||||||
14 | attraction unless
there is in force : (a) a liability insurance | ||||||
15 | policy
or policies in an aggregate amount of not less than | ||||||
16 | $1,000,000 $100,000 for bodily
injury to or death of one or | ||||||
17 | more persons, damage to or destruction of property of others, | ||||||
18 | or a combination thereof person in any one accident , and, | ||||||
19 | subject to the per occurrence
limit for one person , in an | ||||||
20 | aggregate amount of not less than $2,000,000 $1,000,000 for | ||||||
21 | bodily
injury to or death of two or more persons , or damage to | ||||||
22 | or destruction of property of others, in any one policy period, | ||||||
23 | accident, and in an
amount of not less than $50,000 for injury | ||||||
24 | to or destruction of property
of others in any one accident, | ||||||
25 | insuring the operator against liability for
injury , or death , |
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1 | or property damage suffered by a person attending a fair or | ||||||
2 | carnival; or (b) a
bond in like amount, the aggregate liability | ||||||
3 | of the surety of which shall
not exceed the face amount | ||||||
4 | thereof; or (c) a deposit with the Illinois Department of Labor | ||||||
5 | of cash
or other security acceptable to the Director .
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6 | (2) With respect to the operation of an amusement ride or | ||||||
7 | attraction
under this Act for a
carnival located at a permanent | ||||||
8 | site which has 5 or fewer amusement rides,
none of which | ||||||
9 | operates at a height exceeding 8 feet, the insurance policy,
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10 | bond, or cash or security deposit amount required for bodily | ||||||
11 | injury to or
death of 2 or more persons in any one accident | ||||||
12 | shall be not less than $500,000.
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13 | (Source: P.A. 94-801, eff. 5-25-06.)
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14 | (430 ILCS 85/2-15) (from Ch. 111 1/2, par. 4065)
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15 | Sec. 2-15. Penalties. | ||||||
16 | (a) Criminal penalties. | ||||||
17 | 1. Any person who operates an amusement ride or | ||||||
18 | amusement attraction at
a carnival or fair without having | ||||||
19 | obtained
a permit from the Department Director or who | ||||||
20 | violates any order or rule issued by the Department
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21 | Director under this Act is guilty of a Class A misdemeanor. | ||||||
22 | Each
day shall constitute a separate and distinct offense.
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23 | 2. Any person who interferes with, impedes, or | ||||||
24 | obstructs in any manner
the Director or any authorized | ||||||
25 | representative of the Department
in the performance of |
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1 | their duties under this Act is guilty
of a Class A | ||||||
2 | misdemeanor.
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3 | (b) Civil penalties. Unless otherwise provided in this Act, | ||||||
4 | any person who operates an amusement ride or amusement | ||||||
5 | attraction without having obtained a permit from the Department | ||||||
6 | in violation of this Act is subject to a civil penalty not to | ||||||
7 | exceed $2,500 per violation for a first violation and not to | ||||||
8 | exceed $5,000 for a second or subsequent violation. | ||||||
9 | Prior to any determination, or the imposition of any civil | ||||||
10 | penalty, under this subsection (b), the Department shall notify | ||||||
11 | the operator in writing of the alleged violation. The | ||||||
12 | Department shall afford the operator 10 working 15 days after | ||||||
13 | from the date of the notice to request a hearing present any | ||||||
14 | written information that the operator wishes the Department to | ||||||
15 | consider in connection with its determination in the matter . | ||||||
16 | Upon written request of the operator, the Department shall | ||||||
17 | schedule a formal administrative hearing in compliance with | ||||||
18 | Article 10 of the Administrative Procedure Act and the | ||||||
19 | Department's rules of procedure in administrative hearings, | ||||||
20 | except that formal discovery, such as production requests, | ||||||
21 | interrogatories, requests to admit, and depositions shall not | ||||||
22 | be allowed. The parties shall exchange documents and witness | ||||||
23 | lists prior to hearing and may request third party subpoenas to | ||||||
24 | be issued. The final determination by the Department of Labor | ||||||
25 | shall be rendered within 5 working days after the conclusion of | ||||||
26 | the hearing. Final determinations made under this Section are |
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1 | subject to the provisions of the Administrative Review Law | ||||||
2 | convene an informal fact-finding conference, provided such | ||||||
3 | request is received by the Department within 15 days of the | ||||||
4 | date of the notice of the alleged violation . In determining the | ||||||
5 | amount of a penalty, the Director may consider the | ||||||
6 | appropriateness of the penalty to the person or entity charged, | ||||||
7 | upon determination of the gravity of the violation. The | ||||||
8 | penalties, when finally determined, Penalties may be recovered | ||||||
9 | in a civil action brought by the Director of Labor in any | ||||||
10 | circuit court. In this litigation, the Director of Labor shall | ||||||
11 | be represented by the Attorney General. | ||||||
12 | (Source: P.A. 96-151, eff. 8-7-09.)
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13 | (430 ILCS 85/2-15.2 new) | ||||||
14 | Sec. 2-15.2. Injunction to compel compliance. | ||||||
15 | (a) The Department shall have the power to bring injunctive | ||||||
16 | proceedings in any court of competent jurisdiction to compel | ||||||
17 | compliance with any order made by the Department under this | ||||||
18 | Act. | ||||||
19 | (b) The Department shall also have the power to bring | ||||||
20 | temporary and immediate injunctive relief in any court of | ||||||
21 | competent jurisdiction when necessary for the protection of the | ||||||
22 | health and safety of the general public using amusement rides | ||||||
23 | and amusement attractions. | ||||||
24 | (430 ILCS 85/2-15.3 new) |
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1 | Sec. 2-15.3. Amusement Ride and Patron Safety Fund. All | ||||||
2 | moneys received by the Department as fees and penalties under | ||||||
3 | this Act shall be deposited into the Amusement Ride and Patron | ||||||
4 | Safety Fund and shall be used by the Department, subject to | ||||||
5 | appropriation by the General Assembly, in addition to any | ||||||
6 | General Revenue funds, for administration, investigation, and | ||||||
7 | other expenses incurred in carrying out its powers and duties | ||||||
8 | under this Act. The Department shall hire as many inspectors | ||||||
9 | and other personnel as may be necessary to carry out the | ||||||
10 | purposes of this Act. Any moneys in the Fund at the end of a | ||||||
11 | fiscal year in excess of those moneys necessary for the | ||||||
12 | Department to carry out its powers and duties under this Act | ||||||
13 | shall be available to the Department for the next fiscal year | ||||||
14 | for any of the Department's duties and may be transferred from | ||||||
15 | the Amusement Ride and Patron Safety Fund to the various | ||||||
16 | accounts available to the Department, as needed.
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17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law. |