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Public Act 095-0397 |
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AN ACT concerning regulation.
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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 | ||||
amended by changing Sections 2-2 and 2-6 and by adding Section | ||||
2-20 as follows:
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(430 ILCS 85/2-2) (from Ch. 111 1/2, par. 4052)
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Sec. 2-2. Definitions. As used in this Act, unless the | ||||
context
otherwise requires:
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1. "Director" means the Director of Labor or his or her | ||||
designee.
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2. "Department" means Department of Labor.
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3. "Amusement Attraction" means an enclosed building or | ||||
structure,
including electrical equipment which is an integral | ||||
part of the building or
structure, through which people walk | ||||
without the aid of any moving device,
that provides amusement, | ||||
thrills or excitement at a fair or carnival,
except any such | ||||
enclosed building or structure which is subject to the
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jurisdiction of a local building code.
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4. "Amusement ride" means:
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(a) any mechanized device
or combination of devices, | ||||
including electrical equipment which is an
integral part of | ||||
the device or devices, which carries passengers along,
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around, or over a fixed or restricted course for the | ||
primary purpose of
giving its passengers amusement, | ||
pleasure, thrills, or excitement;
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(b) any ski lift, rope tow, or other device used to | ||
transport snow
skiers;
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(c) (blank);
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(d) any dry slide over 20 feet in height, alpine slide, | ||
or toboggan
slide;
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(e) any tram, open car, or combination of open cars or | ||
wagons pulled
by a tractor or other motorized device which | ||
is not licensed by the
Secretary of State, which may, but | ||
does not necessarily follow a fixed or
restricted course, | ||
and is used primarily for the purpose of giving its
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passengers amusement, pleasure, thrills or excitement, and | ||
for which an
individual fee is charged or a donation | ||
accepted with the exception of
hayrack rides; or
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(f) any bungee cord or similar elastic device.
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5. "Carnival" means an enterprise which offers amusement or | ||
entertainment
to the public by means of one or more amusement | ||
attractions or amusement rides.
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6. "Fair" means an enterprise principally devoted to the | ||
exhibition of
products of agriculture or industry in connection | ||
with which
amusement rides or amusement attractions are | ||
operated.
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7. "Operator" means a person, or the agent of a person, who | ||
owns or
controls or has the duty to control the operation of an |
amusement ride or
an amusement attraction at a carnival or | ||
fair. "Operator" includes an
agency of the State or any of its | ||
political subdivisions.
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8. "Carnival worker" means a person who is employed by a | ||
carnival to physically operate an amusement ride or amusement | ||
attraction when it is open to the public and who is not a | ||
volunteer.
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(Source: P.A. 94-801, eff. 5-25-06.)
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(430 ILCS 85/2-6) (from Ch. 111 1/2, par. 4056)
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Sec. 2-6. The Director, with the consent of the Board, | ||
shall promulgate and formulate definitions, rules
and | ||
regulations for the safe installation, repair, maintenance, | ||
use, operation , training standards for operators,
and | ||
inspection of all amusement rides and amusement attractions as | ||
the
Director finds necessary for the protection of
the general | ||
public using amusement rides and amusement attractions. The | ||
rules shall be
based upon generally accepted engineering | ||
standards and shall be concerned
with, but not necessarily | ||
limited to, engineering force stresses, safety
devices, and | ||
preventive maintenance. Whenever such standards are available
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in suitable form they may be incorporated by reference. The | ||
rules shall
provide for the reporting of accidents and injuries | ||
incurred from the operation
of amusement rides or amusement | ||
attractions.
In addition to the permit fee herein provided, the | ||
Director may promulgate
rules to establish a schedule of fees |
for inspections.
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Before adopting, modifying or amending any rule consistent | ||
with and necessary
for the enforcement of this Act, the | ||
Director shall hold a
public hearing on the proposed rule, | ||
modification or amendment to a
rule. Any interested person may | ||
appear and be heard at the hearing, in person
or by agent or | ||
counsel. The Director shall give the news media notice of
each | ||
hearing at least 30 days in advance of the hearing date and | ||
shall make
available a copy of the proposed rule, or | ||
modification or amendment to a
rule to any person requesting | ||
same. The provisions of this Section are in
addition to all | ||
other existing requirements pertaining to the promulgation
of | ||
administrative rules and regulations.
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(Source: P.A. 94-801, eff. 5-25-06.)
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(430 ILCS 85/2-20 new) | ||
Sec. 2-20. Employment of carnival workers. | ||
(a) Beginning on January 1, 2008, no person, firm, | ||
corporation, or other entity that owns or operates a carnival | ||
shall employ a carnival worker who (i) has been convicted of | ||
any offense set forth in Article 11 of the Criminal Code of | ||
1961, (ii) is a registered sex offender, as defined in the Sex | ||
Offender Registration Act, or (iii) has ever been convicted of | ||
any offense set forth in Article 9 of the Criminal Code of | ||
1961. | ||
Any person, firm, corporation, or other entity that owns or |
operates a carnival and knowingly violates the provisions of | ||
this subsection (a) shall be assessed a civil penalty in an | ||
amount not less than $1,000 and not more than $5,000 for a | ||
first offense, and not less than $5,000 and not more than | ||
$10,000 for a second or subsequent offense. | ||
(b) In the interest of compliance with the requirements of | ||
this Section, a person, firm, corporation, or other entity that | ||
owns or operates a carnival must conduct a criminal history | ||
records check for each carnival worker in its employ consistent | ||
with the Illinois Uniform Conviction Information Act and | ||
perform a check of the Sex Offender Registry maintained by the | ||
Department of State Police for each carnival worker in its | ||
employ. | ||
In the case of carnival workers who are hired on a | ||
temporary basis to work at a specific event, the carnival owner | ||
may work with local enforcement agencies in order to expedite | ||
the criminal history records check required under this | ||
subsection (b). | ||
Individuals who are under the age of 17 are exempt from the | ||
criminal history records check requirements set forth in this | ||
subsection (b). | ||
(c) Any person, firm, corporation, or other entity that | ||
owns or operates a carnival must have a substance abuse policy | ||
in place for its workers, which shall include random drug | ||
testing of carnival workers. | ||
Section 99. Effective date. This Act takes effect upon |
becoming law. |