Illinois General Assembly - Full Text of HB3097
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Full Text of HB3097  103rd General Assembly




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1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Amusement Ride and Attraction Safety Act is
5amended by changing Sections 2-2, 2-3, 2-4, 2-6, 2-7, 2-8,
62-8.1, 2-9, 2-10, 2-12, 2-14, 2-15, 2-15.1, 2-15.2, 2-15.3,
72-16, 2-17, 2-18, 2-19, and 2-20 as follows:
8    (430 ILCS 85/2-2)  (from Ch. 111 1/2, par. 4052)
9    Sec. 2-2. Definitions. As used in this Act, unless the
10context otherwise requires:
11    1. "Director" means the Director of Labor or his or her
13    2. "Department" means Department of Labor.
14    3. "Amusement attraction" means an enclosed building or
15structure, including electrical equipment which is an integral
16part of the building or structure, through which people travel
17walk without the aid of any moving device, that provides
18amusement, thrills or excitement at a fair, a carnival, or an
19amusement enterprise, except any such enclosed building or
20structure which is subject to the jurisdiction of a local
21building code.
22    4. "Amusement ride" means:
23        (a) any mechanized device or combination of devices,



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1    including electrical equipment which is an integral part
2    of the device or devices, which carries passengers along,
3    around, or over a fixed or restricted course for the
4    primary purpose of giving its passengers amusement,
5    pleasure, thrills, or excitement;
6        (b) any ski lift, rope tow, or other device used to
7    transport snow skiers;
8        (c) (blank);
9        (c-5) any trampoline court;
10        (d) any dry slide, alpine slide, or toboggan slide,
11    except:
12            (1) any slide that is placed in a playground and
13        that does not normally require the supervision or
14        services of a person responsible for its operation; or
15            (2) any slide that is not open to the general
16        public and for which admission is monitored and
17        strictly controlled by invitation, company or group
18        identification, or other means of identification;
19        (e) any tram, open car, or combination of open cars or
20    wagons pulled by a tractor or other motorized device which
21    is not licensed by the Secretary of State, which may, but
22    does not necessarily follow a fixed or restricted course,
23    and is used primarily for the purpose of giving its
24    passengers amusement, pleasure, thrills or excitement, and
25    for which an individual fee is charged or a donation
26    accepted with the exception of hayrack rides;



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1        (f) any bungee cord or similar elastic device; or
2        (g) any inflatable attraction.
3    5. "Carnival" or "amusement enterprise" means an
4establishment that enterprise which offers amusement or
5entertainment to the general public by means of one or more
6amusement attractions or amusement rides, regardless of
7whether a form of payment is required for admission.
8    "Carnival worker" or "amusement enterprise worker" means
9an individual who performs work for a carnival, amusement
10enterprise, or fair to manage, physically operate, or assist
11in the operation of an amusement ride or amusement attraction
12when it is open to the public.
13    "Department" means the Department of Labor.
14    "Director" means the Director of the Department of Labor
15or the Director's designee.
16    6. "Fair" means an enterprise principally devoted to the
17exhibition of products of agriculture or industry in
18connection with which amusement rides or amusement attractions
19are operated.
20    "Inflatable attraction" means an amusement ride or device
21that is designed for bouncing, climbing, sliding, or other
22forms of interactive play, is made of flexible fabric, is kept
23inflated by continuous air flow by one or more blowers, and
24relies upon air pressure to maintain its shape.
25    7. "Operator" means a person, or the agent of a person, who
26owns or controls or has the duty to control the operation of an



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1amusement ride or an amusement attraction at a carnival,
2amusement enterprise, or fair. "Operator" includes an agency
3of the State or any of its political subdivisions.
4    8. "Carnival worker" or "amusement enterprise worker"
5means a person who is employed (and is therefore not a
6volunteer) by a carnival, amusement enterprise, or fair to
7manage, physically operate, or assist in the operation of an
8amusement ride or amusement attraction when it is open to the
10    9. "Volunteer" means a person who operates or assists in
11the operation of an amusement ride or amusement attraction for
12an owner or operator without pay or lodging. An individual
13shall not be considered a volunteer if the individual is
14otherwise employed by the same owner or operator to perform
15the same type of service as those for which the individual
16proposes to volunteer.
17    10. "Inflatable attraction" means an amusement ride or
18device designed for use that may include, but not be limited
19to, bounce, climb, slide, or interactive play, which is made
20of flexible fabric, is kept inflated by continuous air flow by
21one or more blowers, and relies upon air pressure to maintain
22its shape.
23    11. "Trampoline court" means a commercial facility with a
24defined area composed of one or more trampolines, a series of
25trampolines, a trampoline court foam pit, or a series of
26trampoline court foam pits. "Trampoline court" does not



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1include a gymnastic training facility that only utilizes
2trampolines during the supervised instruction of gymnastic
4(Source: P.A. 102-255, eff. 1-1-22.)
5    (430 ILCS 85/2-3)  (from Ch. 111 1/2, par. 4053)
6    Sec. 2-3. There is hereby created the Amusement Ride and
7Attraction Safety Board, hereafter in this Act referred to as
8the "Board", to consist of 9 members. One member shall be the
9Director. Eight members shall be appointed by the Governor
10with the advice and consent of the Senate. The term of members
11shall be 4 years. Of the 8 appointed members of the Board, 2
12shall be operators of amusement rides or amusement
13attractions, 1 shall be a registered professional engineer, 1
14shall represent the insurance industry, and 4 shall represent
15the general public. The Board shall advise the Department on
16carnival, amusement enterprise, and amusement safety matters.
17(Source: P.A. 97-737, eff. 7-3-12; 98-769, eff. 1-1-15.)
18    (430 ILCS 85/2-4)  (from Ch. 111 1/2, par. 4054)
19    Sec. 2-4. A majority of the 9 members of the Board
20constitutes a quorum. The Board shall meet at least twice
21yearly and at the call of the chairperson chairman or by
22written request of at least 5 members. The Board shall elect a
23chairperson chairman and such other officers as it deems
24necessary to perform its duties between meetings and may hire



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1such clerical and administrative help as it deems necessary,
2to be paid out of the appropriation to the Amusement Ride and
3Patron Safety Fund Board.
4(Source: P.A. 97-737, eff. 7-3-12.)
5    (430 ILCS 85/2-6)  (from Ch. 111 1/2, par. 4056)
6    Sec. 2-6. (a) The Director, after consultation with the
7Board at a meeting of the Board, shall promulgate and
8formulate definitions, rules and regulations for the safe
9installation, repair, maintenance, use, operation, training
10standards for operators, and inspection of all amusement rides
11and amusement attractions as the Director finds necessary for
12the protection of the general public using amusement rides and
13amusement attractions. These rules and standards shall be
14adopted pursuant to the procedures set forth in the Illinois
15Administrative Procedure Act. The rules shall be based upon
16generally accepted engineering standards and shall be
17concerned with, but not necessarily limited to, engineering
18force stresses, safety devices, and preventive maintenance.
19Whenever such standards are available in suitable form they
20may be incorporated by reference. The rules shall provide for
21the reporting of accidents and injuries incurred from the
22operation of amusement rides or amusement attractions. In
23addition to the permit fee herein provided, the Director may
24promulgate rules to establish a schedule of fees for



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1    (b) After consultation with the Board, the Director is
2authorized to adopt by reference, in whole or in part, any
3code, standard, or bulletin issued by a nationally or
4internationally recognized organization, such as the Consumer
5Product Safety Commission or ASTM International, after a
6finding that the adoption of the code, standard, or bulletin
7would promote the purposes of this Act.
8(Source: P.A. 98-541, eff. 8-23-13.)
9    (430 ILCS 85/2-7)  (from Ch. 111 1/2, par. 4057)
10    Sec. 2-7. The Director shall administer and enforce all
11provisions of this Act and all codes, rules and regulations
12promulgated pursuant to this Act. The Director or his or her
13authorized representative has the authority to require by
14subpoena the attendance and testimony of witnesses and the
15production of all books, records, equipment, and other
16evidence relative to a matter under investigation or hearing.
17The subpoena shall be signed and issued by the Director or the
18Director's his or her authorized representative. If a person
19fails to comply with any subpoena lawfully issued under this
20Section or a witness refuses to produce evidence or testify to
21any matter regarding which the witness he or she may be
22lawfully interrogated, the circuit court shall, upon
23application of the Director or the Director's his or her
24authorized representative, compel compliance by proceedings
25for contempt. In such matters, the Department shall be



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1represented by the Attorney General.
2(Source: P.A. 94-801, eff. 5-25-06.)
3    (430 ILCS 85/2-8)  (from Ch. 111 1/2, par. 4058)
4    Sec. 2-8. The Director, after consultation with and the
5consent of the Board, shall determine a schedule of inspection
6fees and permit fees for each amusement ride or amusement
8(Source: P.A. 98-541, eff. 8-23-13.)
9    (430 ILCS 85/2-8.1)
10    Sec. 2-8.1. Suspension and revocation of permit to
12    (a) The Department shall have the power to suspend or
13revoke an owner's permit for any good cause under the meaning
14and purpose of this Act. If a person whose permit has been
15suspended or revoked, or whose application for a permit has
16been denied, believes that the violation or condition
17justifying suspension, revocation, or denial of the permit
18does not exist, the person may apply to the Department for
19reconsideration through a hearing within 10 business working
20days after the Department's action. A hearing shall be
21scheduled, unless otherwise mutually agreed by the parties,
22within 48 hours after the request for hearing.
23    (b) Service of notice of a hearing, or any other document
24related to investigation or enforcement of violations, shall



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1be made by personal service or certified mail, by regular mail
2if service by certified mail cannot be completed, or by email
3to an email address previously designated by the party to be
4used for such purpose, to the address shown on the application
5for permit, or to any other address on file with the Department
6or and reasonably believed to be the current address of the
7permit holder.
8    (c) Such The written notice of a hearing shall specify the
9time, date, and location of the hearing and the reasons for the
10action proposed by the Department.
11    (d) At the hearing, the Department shall have the burden
12of establishing good cause for its action. Good cause exists
13if the Department establishes that the permit holder has
14failed to comply with the requirements of a permit under this
15Act and its rules.
16    (e) All hearings held under this Section shall comply with
17Article 10 of the Illinois Administrative Procedure Act and
18the Department's rules of procedure in administrative
19hearings, except that formal discovery, such as production
20requests, interrogatories, requests to admit, and depositions
21shall not be allowed. The parties shall exchange documents and
22witness lists prior to hearing and may request third party
23subpoenas to be issued.
24    (f) The final determination by the Department of Labor
25shall be rendered within 5 business working days after the
26conclusion of the hearing.



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1    (g) Final determinations made under this Section are
2subject to the Administrative Review Law.
3(Source: P.A. 98-541, eff. 8-23-13; 98-756, eff. 7-16-14.)
4    (430 ILCS 85/2-9)  (from Ch. 111 1/2, par. 4059)
5    Sec. 2-9. The Department of Labor may hire ride inspectors
6to inspect amusement rides and amusement attractions. The
7qualifications of amusement ride inspectors shall be
8established through regulation by the Director. The chief
9amusement ride inspector shall be licensed in Illinois as a
10professional engineer.
11(Source: P.A. 94-801, eff. 5-25-06.)
12    (430 ILCS 85/2-10)  (from Ch. 111 1/2, par. 4060)
13    Sec. 2-10. No amusement ride or amusement attraction shall
14be operated at a carnival, amusement enterprise, or fair in
15this State without a permit having been issued by the Director
16to an operator of such equipment. At least 30 days prior to the
17first day of operation or the expiration of the permit, any
18person required to obtain a permit by this Act shall apply to
19the Director for a permit on a form furnished by the Director
20which form shall contain such information as the Director may
21require. The Director may waive the requirement that an
22application for a permit must be filed at least 30 days prior
23to the first day of operation or the expiration of the permit
24if the applicant gives satisfactory proof to the Director that



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1the applicant he could not reasonably comply with the date
2requirement and if the applicant immediately applies for a
3permit after the need for a permit is first determined. The
4Director may accept applications for a permit not filed at
5least 30 days prior to the first day of operation or the
6expiration of the permit only if the applicant applies for the
7permit prior to the inspection of the ride or attraction. For
8the purpose of determining if an amusement ride or amusement
9attraction is in safe operating condition and will provide
10protection to the public using such amusement ride or
11amusement attraction, each amusement ride or amusement
12attraction shall be inspected by a ride inspector the Director
13before it is initially placed in operation in this State, and
14shall thereafter be inspected by a ride inspector at least
15once each year. The Department may conduct inspections to
16ensure continued compliance with the provisions of this Act or
17any rules adopted hereunder.
18    If, after inspection, an amusement ride or amusement
19attraction is found to comply with the rules adopted under
20this Act, the Director shall issue a permit for the operation
21of the amusement ride or amusement attraction. The permit
22shall be issued conditioned upon the payment of the permit fee
23and any applicable inspection fee at the time the application
24for permit to operate is filed with the Department and may be
25suspended as provided in the Department's rules. The Director
26may, in the Director's discretion, deny a permit from an



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1applicant with a documented history of misrepresentation or
2conveying false information to the Department.
3    If, after inspection, additions or alterations are
4contemplated which change a structure, mechanism,
5classification or capacity, the operator shall notify the
6Director of the operator's his intentions in writing and
7provide any plans or diagrams requested by the Director.
8(Source: P.A. 98-769, eff. 1-1-15.)
9    (430 ILCS 85/2-12)  (from Ch. 111 1/2, par. 4062)
10    Sec. 2-12. Correction notice and order Order for cessation
11of operation of amusement ride or attraction.
12    (a) If, upon inspection, the Department determines that an
13element or elements of an amusement ride or amusement
14attraction are in violation of this Act or any rules adopted
15under this Act, the Department may issue a correction notice
16to the owner or operator, allowing the owner or operator to
17continue operating the amusement ride or amusement attraction
18but requiring the owner or operator to address the deficiency
19and come into compliance with adopted standards by a set
20deadline. If the owner or operator does not meet the deadline
21established in the correction notice, the Department may issue
22a cessation order as described in subsection (a-5) of this
24    (a-5) (a) The Department of Labor may order, in writing, a
25temporary and immediate cessation of operation of any



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1amusement ride or amusement attraction, also known as a "stop
2order", if:
3        (1) it has been determined after inspection to be
4    hazardous or unsafe;
5        (2) it is in operation before the Director has issued
6    a permit to operate such equipment; or
7        (3) the owner or operator is not in compliance with
8    any of the insurance requirements contained in Section
9    2-14 of this Act or and any rules or regulations adopted
10    under this Act hereunder.
11    (b) After the cessation of operation, operation Operation
12of the amusement ride or amusement attraction shall not resume
14        (1) the unsafe or hazardous condition is corrected to
15    the satisfaction of the Director or such inspector;
16        (2) the Director has issued a permit to operate such
17    equipment; or
18        (3) the owner or operator is in compliance with the
19    insurance requirements contained in Section 2-14 of this
20    Act and any rules or regulations adopted under this Act
21    hereunder, respectively.
22    (c) The Department shall notify the owner or operator in
23writing, via certified mail, service by sheriff, personal
24service, or in person, of the grounds for the cessation of
25operation of the amusement ride or attraction and of the
26conditions in need of correction at the time the order for



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1cessation is issued. The Department may also notify the county
2sheriff or other local law enforcement where the amusement
3enterprise is operated that the Department has issued a
4cessation order to that enterprise. The Department shall post
5or shall require the owner or operator to post a notice at the
6entrance to the amusement enterprise stating that a cessation
7order has been issued for the attraction. The notice shall
8remain posted until the cessation order has been lifted by the
10    (c-5) Upon request by the Department, the Illinois State
11Police or local law enforcement may enforce a cessation order.
12    (d) The owner or operator may appeal an order of cessation
13by filing a request for a hearing. The Department shall afford
14the owner or operator 10 business working days after the date
15of the notice to request a hearing. Upon written request for
16hearing, the Department shall schedule a formal administrative
17hearing in compliance with Article 10 of the Illinois
18Administrative Procedure Act and pursuant to the provisions of
19the Department's rules of procedure in administrative
20hearings, except that formal discovery, such as production
21requests, interrogatories, requests to admit, and depositions
22will not be allowed. The parties shall exchange documents and
23witness lists prior to hearing and may request third party
24subpoenas to be issued.
25    (e) The final determination by the Department of Labor
26shall be rendered within 5 business working days after the



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1conclusion of the hearing.
2    (f) The provisions of the Administrative Review Law shall
3apply to and govern all proceedings for the judicial review of
4a final determination under this Section.
5(Source: P.A. 98-541, eff. 8-23-13; 98-756, eff. 7-16-14;
699-78, eff. 7-20-15.)
7    (430 ILCS 85/2-14)  (from Ch. 111 1/2, par. 4064)
8    Sec. 2-14. No person shall operate an amusement ride or
9attraction unless there is in force a liability insurance
10policy or policies in an amount of not less than $1,000,000 for
11bodily injury to or death of one or more persons, damage to or
12destruction of property of others, or a combination thereof,
13and, subject to the per occurrence limit, in an aggregate
14amount of not less than $2,000,000 for bodily injury to or
15death of two or more persons, or damage to or destruction of
16property of others, in any one policy period, insuring the
17operator against liability for injury, death, or property
18damage. Any owner or operator applying for a permit or renewal
19must present proof of this insurance at the time of the
20inspection required under Section 2-10.
21(Source: P.A. 98-541, eff. 8-23-13.)
22    (430 ILCS 85/2-15)  (from Ch. 111 1/2, par. 4065)
23    Sec. 2-15. Penalties.
24    (a) Criminal penalties.



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1        1. Any person who operates an amusement ride or
2    amusement attraction at a carnival, amusement enterprise,
3    or fair without having obtained a permit from the
4    Department or who violates any cessation order or other
5    order or rule issued by the Department under this Act is
6    guilty of a Class A misdemeanor. Each day shall constitute
7    a separate and distinct offense.
8        2. Any person who interferes with, impedes, or
9    obstructs in any manner the Director or any authorized
10    representative of the Department in the performance of
11    their duties under this Act is guilty of a Class A
12    misdemeanor.
13    (b) Civil penalties. Unless otherwise provided in this
14Act, any person who operates an amusement ride or amusement
15attraction without having obtained a permit from the
16Department in violation of this Act is subject to a civil
17penalty not to exceed $2,500 per violation per day for a first
18violation, a civil penalty and not to exceed $5,000 per
19violation per day for a second violation, and a civil penalty
20not to exceed $10,000 per violation per day for a third or
21subsequent violation. Each amusement ride or amusement
22attraction operated in violation of this Act shall be a
23separate violation. Any amusement ride or amusement attraction
24owner or operator who violates any other provision of this Act
25or rule adopted under this Act shall be subject to a civil
26penalty not to exceed $1,000 per violation.



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1    Prior to any determination, or the imposition of any civil
2penalty, under this subsection (b), the Department shall
3notify the owner or operator in writing of the alleged
4violation. The Department shall afford the owner or operator
510 business working days after the date of the notice to
6request a hearing. Upon written request for a hearing of the
7operator, the Department shall schedule a formal
8administrative hearing in compliance with Article 10 of the
9Illinois Administrative Procedure Act and the Department's
10rules of procedure in administrative hearings, except that
11formal discovery, such as production requests,
12interrogatories, requests to admit, and depositions shall not
13be allowed. The parties shall exchange documents and witness
14lists prior to hearing and may request third party subpoenas
15to be issued. The final determination by the Department of
16Labor shall be rendered within 5 business working days after
17the conclusion of the hearing. Final determinations made under
18this Section are subject to the provisions of the
19Administrative Review Law. In determining the amount of a
20penalty, the Director may consider the appropriateness of the
21penalty to the person or entity charged, upon determination of
22the gravity of the violation. The penalties, when finally
23determined, may be recovered in a civil action brought by the
24Department Director of Labor in any circuit court. In such
25civil this litigation, the Department Director of Labor shall
26be represented by the Attorney General.



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1(Source: P.A. 98-541, eff. 8-23-13; 98-756, eff. 7-16-14;
298-769, eff. 1-1-15.)
3    (430 ILCS 85/2-15.1)  (from Ch. 111 1/2, par. 4065.1)
4    Sec. 2-15.1. When contracting with any Any person or
5entity contracting with an operator for the provision of an
6amusement ride or amusement attraction, the amusement ride or
7amusement attraction owner or operator shall inform the
8Department of the name and address of the operator, as well as
9the dates on which the amusement ride or amusement attraction
10will be operated pursuant to the contract, the person or
11entity contracting with the owner or operator, and the
12location at which such ride or attraction will be so operated.
13(Source: P.A. 84-533.)
14    (430 ILCS 85/2-15.2)
15    Sec. 2-15.2. Injunction to compel compliance.
16    (a) The Department shall have the power to seek bring
17injunctive relief proceedings in any court of competent
18jurisdiction to compel compliance with any order issued made
19by the Department under this Act.
20    (b) The Department shall also have the power to seek bring
21temporary and immediate injunctive relief in any court of
22competent jurisdiction when necessary for the protection of
23the health and safety of the general public using amusement
24rides and amusement attractions. In such matters, the



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1Department shall be represented by the Attorney General.
2(Source: P.A. 98-541, eff. 8-23-13.)
3    (430 ILCS 85/2-15.3)
4    Sec. 2-15.3. Amusement Ride and Patron Safety Fund. All
5moneys received by the Department as fees and penalties under
6this Act shall be deposited into the Amusement Ride and Patron
7Safety Fund and shall be used by the Department, subject to
8appropriation by the General Assembly, in addition to any
9General Revenue funds, for administration, investigation, and
10other expenses incurred in carrying out its powers and duties
11under this Act, including costs related to the Board. The
12Department shall hire as many ride inspectors and other
13personnel as may be necessary to carry out the purposes of this
14Act. Any moneys in the Fund at the end of a fiscal year in
15excess of those moneys necessary for the Department to carry
16out its powers and duties under this Act shall be available to
17the Department for the next fiscal year for any of the
18Department's duties and may be transferred from the Amusement
19Ride and Patron Safety Fund to the various accounts available
20to the Department, as needed.
21(Source: P.A. 98-541, eff. 8-23-13.)
22    (430 ILCS 85/2-16)  (from Ch. 111 1/2, par. 4066)
23    Sec. 2-16. Exemptions. The following amusement rides or
24amusement attractions are exempt from the provisions of this



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2    Any amusement ride or amusement attraction which is owned
3or operated by a non-profit religious, educational or
4charitable institution or association if such amusement ride
5or amusement attraction is located within a building subject
6to inspection by the state fire marshal or by any political
7subdivisions of the State under its building, fire,
8electrical, and related public safety ordinances, and the
9amusement ride or amusement attraction itself has passed an is
10subject to inspection by a political subdivision of the State
11in accordance with Section 2-17.
12(Source: P.A. 96-151, eff. 8-7-09.)
13    (430 ILCS 85/2-17)  (from Ch. 111 1/2, par. 4067)
14    Sec. 2-17. A municipality within its corporate limits and
15a county within unincorporated areas within its boundaries may
16inspect, license or regulate any amusement ride or amusement
17attraction operated at a carnival, amusement enterprise, or
18fair, provided that any safety standards or regulations
19implemented by a municipality or county in connection
20therewith shall be at least as stringent as those provided for
21in this Act and the rules and regulations adopted hereunder.
22An owner or operator may use a report of such municipal or
23county inspection to support a request for a waiver of
24Department inspection under Section 2-18. Any municipality or
25county which inspects, licenses, or otherwise regulates



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1amusement rides or amusement attractions may impose reasonable
2fees to cover the costs thereof.
3(Source: P.A. 98-769, eff. 1-1-15.)
4    (430 ILCS 85/2-18)  (from Ch. 111 1/2, par. 4068)
5    Sec. 2-18. Waiver of inspection. The Director may waive
6the requirement that an amusement ride or amusement attraction
7or any part thereof be inspected before being operated, and
8may waive any applicable fees for inspection, if an operator
9gives satisfactory proof to the Director that the amusement
10ride or amusement attraction or any part thereof has passed an
11inspection conducted by a public or private agency whose
12inspection standards and requirements are at least as
13stringent as equal to those requirements and standards
14established by the Department under the provisions of this
15Act. The Department may compel any documentation or evidence
16necessary to prove compliance with the requirements of Section
172-17. The annual permit fees shall be paid before the Director
18may waive this requirement.
19(Source: P.A. 94-801, eff. 5-25-06.)
20    (430 ILCS 85/2-19)  (from Ch. 111 1/2, par. 4069)
21    Sec. 2-19. The owner or operator of an amusement ride or
22amusement attraction may remove a person from or deny a person
23entry to an amusement ride or amusement attraction if, in the
24owner's or operator's opinion, the entry or conduct may



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1jeopardize the safety of such person or the safety of any other
2person. Nothing in this Section will permit an owner or
3operator to deny a ride an inspector access to an amusement
4ride or amusement attraction when such ride inspector is
5acting within the scope of the ride inspector's his duties
6under this Act.
7(Source: P.A. 96-151, eff. 8-7-09; 96-1000, eff. 7-2-10.)
8    (430 ILCS 85/2-20)
9    Sec. 2-20. Employment of carnival and amusement enterprise
11    (a) Beginning on January 1, 2008, no person, firm,
12corporation, or other entity that owns or operates a carnival,
13amusement enterprise, or fair shall allow a person to perform
14work associated with an amusement ride or amusement
15attraction, including any volunteer work, employ a carnival or
16amusement enterprise worker who (i) has been convicted of any
17offense set forth in Article 11 of the Criminal Code of 1961 or
18the Criminal Code of 2012, (ii) is a registered sex offender,
19as defined in the Sex Offender Registration Act, or (iii) has
20ever been convicted of any offense set forth in Article 9 of
21the Criminal Code of 1961 or the Criminal Code of 2012.
22    (b) A person, firm, corporation, or other entity that owns
23or operates a carnival, amusement enterprise, or fair must
24conduct a criminal history records check and perform a check
25of the National Sex Offender Public Registry for carnival or



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1amusement enterprise workers at the time they are hired, and
2annually thereafter except if they are in the continued employ
3of the entity.
4    The criminal history records check performed under this
5subsection (b) shall be performed by the Illinois State
6Police, another State or federal law enforcement agency, or a
7business belonging to the National Association of Professional
8Background Check Screeners Association. Any criminal history
9checks performed by the Illinois State Police shall be
10performed pursuant to the Illinois Uniform Conviction
11Information Act.
12    Individuals who are under the age of 17 are exempt from the
13criminal history records check requirements set forth in this
14subsection (b).
15    (c) Any person, firm, corporation, or other entity that
16owns or operates a carnival, amusement enterprise, or fair
17must have a substance abuse policy in place for its workers,
18which shall include random drug testing of carnival or
19amusement enterprise workers.
20    (d) Any person, firm, corporation, or other entity that
21owns or operates a carnival, amusement enterprise, or fair
22that violates the provisions of subsection (a) of this Section
23or fails to conduct a criminal history records check or a sex
24offender registry check for carnival or amusement enterprise
25workers in its employ, as required by subsection (b) of this
26Section, or fails to maintain a substance abuse policy as



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1required by subsection (c) of this Section shall be assessed a
2civil penalty in an amount not to exceed $5,000 for a first
3offense, shall be assessed a civil penalty in an amount not to
4exceed $10,000 for a second offense, and a subsequent offense
5shall result in the revocation of a permit to operate in
6accordance with Section 2-8.1. The collection of these
7penalties shall be enforced in a civil action brought by the
8Attorney General on behalf of the Department.
9    (e) Unless the owner or operator knew or reasonably should
10have known that the information was falsified, a A carnival,
11amusement enterprise, or fair owner is not responsible for the
12accuracy of:
13        (1) any personal information submitted by a carnival
14    or amusement enterprise worker for criminal history
15    records check purposes; or
16        (2) any information provided by a third party for a
17    criminal history records check or a sex offender registry
18    check.
19    (f) Recordkeeping requirements. Any person, firm,
20corporation, or other entity that owns or operates a carnival,
21amusement enterprise, or fair subject to the provisions of
22this Act shall make, preserve, and make available to the
23Department, upon its request, all records that are required by
24this Act, including but not limited to a written substance
25abuse policy, evidence of the required criminal history
26records check and sex offender registry check, and any other



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1information the Director may deem necessary and appropriate
2for enforcement of this Act.
3    (g) A carnival, amusement enterprise, or fair owner shall
4not be liable to any employee in carrying out the requirements
5of this Section.
6    (h) At all times that an amusement ride or amusement
7attraction is in use, an owner or operator shall ensure that at
8least one operator working on site has been certified to
9provide First Aid and cardiopulmonary resuscitation (CPR).
10(Source: P.A. 100-944, eff. 1-1-19.)
11    (430 ILCS 85/2-21 rep.)
12    Section 10. The Amusement Ride and Attraction Safety Act
13is amended by repealing Section 2-21.



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2 Statutes amended in order of appearance
3    430 ILCS 85/2-2from Ch. 111 1/2, par. 4052
4    430 ILCS 85/2-3from Ch. 111 1/2, par. 4053
5    430 ILCS 85/2-4from Ch. 111 1/2, par. 4054
6    430 ILCS 85/2-6from Ch. 111 1/2, par. 4056
7    430 ILCS 85/2-7from Ch. 111 1/2, par. 4057
8    430 ILCS 85/2-8from Ch. 111 1/2, par. 4058
9    430 ILCS 85/2-8.1
10    430 ILCS 85/2-9from Ch. 111 1/2, par. 4059
11    430 ILCS 85/2-10from Ch. 111 1/2, par. 4060
12    430 ILCS 85/2-12from Ch. 111 1/2, par. 4062
13    430 ILCS 85/2-14from Ch. 111 1/2, par. 4064
14    430 ILCS 85/2-15from Ch. 111 1/2, par. 4065
15    430 ILCS 85/2-15.1from Ch. 111 1/2, par. 4065.1
16    430 ILCS 85/2-15.2
17    430 ILCS 85/2-15.3
18    430 ILCS 85/2-16from Ch. 111 1/2, par. 4066
19    430 ILCS 85/2-17from Ch. 111 1/2, par. 4067
20    430 ILCS 85/2-18from Ch. 111 1/2, par. 4068
21    430 ILCS 85/2-19from Ch. 111 1/2, par. 4069
22    430 ILCS 85/2-20
23    430 ILCS 85/2-21 rep.