95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5319


 
Introduced , by Rep. Kevin Joyce
 
SYNOPSIS AS INTRODUCED:
 		














430 ILCS 85/2-15
  from Ch. 111 1/2, par. 4065







    Amends the Carnival and Amusement Rides Safety Act. Provides that an owner or operator of an amusement ride or amusement attraction at a carnival or fair that violates the Act or a rule adopted under the 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. Provides that each day the violation continues constitutes a separate violation.  Provides that penalties may be recovered in a civil action brought by the Director of Labor and that the Director of Labor shall be represented by the Attorney General. Effective January 1, 2009.
















LRB095 15419 WGH 41411 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB5319

LRB095 15419 WGH 41411 b






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    AN ACT concerning safety.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Carnival and Amusement Rides Safety Act is 
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amended  by changing Section 2-15 as follows:
 



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    (430 ILCS 85/2-15)  (from Ch. 111 1/2, par. 4065)



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    Sec. 2-15. Penalties. 
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    1. Criminal Penalties. 
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        (a) Any person who operates an amusement ride or 
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    amusement attraction at
a carnival or fair without having 
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    obtained
a permit from the Director or who violates any 
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    order or rule issued by the
Director under this Act is 
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    guilty of a Class A misdemeanor. Each
day shall constitute 
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    a separate and distinct offense.

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        (b) 2.  Any person who interferes with, impedes, or 
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    obstructs in any manner
the Director or any authorized 
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    representative of the Department
in the performance of 
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    their duties under this Act is guilty
of a Class A 
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    misdemeanor.

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    2. Civil Penalties.  Unless otherwise provided in this Act, 
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any owner or operator of an amusement ride or amusement 
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attraction at a carnival or fair that violates any provision of 
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this Act or rule adopted under this Act is subject to a civil 
 


 






HB5319
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LRB095 15419 WGH 41411 b




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penalty not to exceed $2,500 per violation for a first 
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violation and not to exceed $5,000 for a second or subsequent 
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violation.
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    For purposes of this subsection, each day the violation 
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continues shall constitute a separate and distinct violation.  
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Penalties may be recovered in a civil action brought by the 
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Director of Labor in any circuit court. In this litigation, the 
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Director of Labor shall be represented by the Attorney General. 
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(Source: P.A. 94-801, eff. 5-25-06.)

 

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    Section 99. Effective date. This Act takes effect January 
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1, 2009.