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92nd General Assembly

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Public Act 92-0026

HB3574 Enrolled                               LRB9204531ARpcA

    AN ACT concerning carnival and amusement rides.

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

    Section  5.   The Carnival and Amusement Rides Safety Act
is amended by  changing  Sections  2-2,  2-10,  and  2-12  as
follows:

    (430 ILCS 85/2-2) (from Ch. 111 1/2, par. 4052)
    Sec.  2-2.   Definitions. As used in this Act, unless the
context otherwise requires:
    1.  "Director"  means  the  Director  of  Labor  or   his
designee.
    2.  "Department" means Department of Labor.
    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  jurisdiction of a local building
code.
    4.  "Amusement ride" means:
         (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, around, or over a fixed  or  restricted
    course  for  the primary purpose of giving its passengers
    amusement, pleasure, thrills, or excitement;
         (b)  any ski lift, rope tow, or other device used to
    transport snow skiers;
         (c)  (blank); any water slide,  or  water  amusement
    device  in  a  water amusement area, not regulated by the
    Department of Public Health pursuant to  the  Youth  Camp
    Act,  the Campground Licensing and Recreational Area Act,
    or the Swimming Pool and Bathing Beach Act;
         (d)  any dry slide over 20 feet  in  height,  alpine
    slide, or toboggan slide;
         (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 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
         (f)  any bungee cord or similar elastic device.
    5.  "Carnival" means an enterprise which offers amusement
or  entertainment  to  the  public  by  means  of one or more
amusement attractions or amusement rides.
    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.
    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.
(Source: P.A. 88-219.)

    (430 ILCS 85/2-10) (from Ch. 111 1/2, par. 4060)
    Sec.  2-10.   No  amusement  ride or amusement attraction
shall be operated at a carnival or fair in this State without
a permit having been issued by the Director to an operator of
such equipment. On or before the first of May of  each  year,
any  person  required  to  obtain  a permit by this Act shall
apply to the Director for a permit on a form furnished by the
Director which form shall contain  such  information  as  the
Director  may require. The Director may waive the requirement
that an application for a permit must be filed on  or  before
May  1 of each year if the applicant gives satisfactory proof
to the Director that he could not reasonably comply with  the
date requirement and if the applicant immediately applies for
a permit after the need for a permit is first determined. For
the  purpose of determining if an amusement ride or amusement
attraction is in safe operating condition  and  will  provide
protection  to  the  public  using  such  amusement  ride  or
amusement   attraction,  each  amusement  ride  or  amusement
attraction shall be inspected by the Director  before  it  is
initially  placed  in  operation  in  this  State,  and shall
thereafter be inspected at least once each year.
    If, after inspection,  an  amusement  ride  or  amusement
attraction  is  found  to comply with the rules adopted under
this Act, the Director shall issue a permit for the operation
of the amusement ride or amusement attraction.    The  permit
shall  be  issued  conditioned upon the payment of the permit
fee and  any  applicable  inspection  fee  at  the  time  the
application   for   permit  to  operate  is  filed  with  the
Department within 7 days following the inspection and may  be
suspended as provided in the Department's rules.
    If,   after  inspection,  additions  or  alterations  are
contemplated   which   change   a    structure,    mechanism,
classification  or  capacity,  the  operator shall notify the
Director of his intentions in writing and provide  any  plans
or diagrams requested by the Director.
(Source: P.A. 85-325.)

    (430 ILCS 85/2-12) (from Ch. 111 1/2, par. 4062)
    Sec. 2-12.  Order for cessation of operation of amusement
ride or attraction.
    (a)  The Director or an inspector hired by the Department
of  Labor  may  order,  in writing, a temporary and immediate
cessation of operation of any  amusement  ride  or  amusement
attraction if it:
         (1)  has  been  determined  after  inspection  to be
    hazardous or unsafe;
         (2)  is in operation before the Director has  issued
    a permit to operate such equipment; or
         (3)  the owner or operator is not in compliance with
    the  insurance  requirements contained in Section 2-14 of
    this Act.
    (b)  Operation  of  the  amusement  ride   or   amusement
attraction shall not resume until:
         (1)  the  unsafe or hazardous condition is corrected
    to the satisfaction of the Director or such inspector;
         (2)  the Director has issued  a  permit  to  operate
    such equipment; or
         (3)  the owner or operator is in compliance with the
    insurance  requirements contained in Section 2-14 of this
    Act, respectively.
(Source: P.A. 83-1240.)

    Section 99.  This Act takes  effect  upon  becoming  law,
except  that  the changes to Section 2-10 of the Carnival and
Amusement Rides Safety Act take effect on  January  1,  2002,
and  the changes to Section 2-2 of the Carnival and Amusement
Rides Safety Act take effect on July 1, 2001.
    Passed in the General Assembly May 15, 2001.
    Approved June 28, 2001.

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