Public Act 096-0151
 		





SB1408 Enrolled
LRB096 08842 KTG 18976 b






    AN ACT concerning safety.

 
    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, 2-15, 2-16, 2-19, and 
2-20 and by adding Section 2-21 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 or her 
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);


        (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.

    8. "Carnival worker" means a person who is employed (and is 
therefore not a volunteer) by a carnival or fair to manage, 
physically operate, or assist in the operation of an amusement 
ride or amusement attraction when it is open to the public.

    9. "Volunteer" means a person who operates or assists in 
the operation of an amusement ride or amusement attraction for 
an owner or operator without pay or lodging. An individual 
shall not be considered a volunteer if the individual is 
otherwise employed by the same owner or operator to perform the 
same type of service as those for which the individual proposes 
to volunteer. 
(Source: P.A. 94-801, eff. 5-25-06; 95-397, eff. 8-24-07; 
95-687, eff. 10-23-07.)

 



    (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. At least 30 days prior to the first day of 
operation or the expiration of the permit, 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 
at least 30 days prior to the first day of operation or the 
expiration of the permit 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
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. 92-26, eff. 1-1-02.)

 



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



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

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

    (b) Civil penalties. Unless otherwise provided in this Act, 
any person who operates an amusement ride or amusement 
attraction without having obtained a permit from the Department 
in violation of this 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.
    Prior to any determination, or the imposition of any civil 
penalty, under this subsection (b), the Department shall notify 
the operator in writing of the alleged violation. The 
Department shall afford the operator 15 days from the date of 
the notice to present any written information that the operator 
wishes the Department to consider in connection with its 
determination in the matter. Upon written request of the 
operator, the Department shall convene an informal 
fact-finding conference, provided such request is received by 
the Department within 15 days of the date of the notice of the 
alleged violation. In determining the amount of a penalty, the 
Director may consider the appropriateness of the penalty to the 
person or entity charged, upon determination of the gravity of 
the violation.  Penalties may be recovered in a civil action 
brought by the Director of Labor in any circuit court. In this 
litigation, the Director of Labor shall be represented by the 
Attorney General.
(Source: P.A. 94-801, eff. 5-25-06.)

 



    (430 ILCS 85/2-16)  (from Ch. 111 1/2, par. 4066)


    Sec. 2-16. Exemptions. The following amusement rides or 
amusement
attractions are exempt from the provisions of this 
Act:

    Any amusement ride or amusement attraction which is owned 
or operated
by a non-profit religious, educational or 
charitable institution or association
if such amusement ride or 
amusement attraction is located within a building
subject to 
inspection
by the state fire marshal or by any political 
subdivisions of the State
under its building, fire, electrical, 
and related public safety ordinances, and the amusement ride or 
amusement attraction itself is subject to inspection by a 
political subdivision of the State in accordance with Section 
2-17.

(Source: P.A. 83-1240.)

 



    (430 ILCS 85/2-19)  (from Ch. 111 1/2, par. 4069)


    Sec. 2-19. The owner or operator of an amusement ride or 
amusement
attraction may remove from or deny entry to a person 
to an amusement ride or amusement
attraction if, in the owner's 
or operator's opinion, the entry or conduct may
jeopardize the 
safety of such person or the safety of any other person.

Nothing in this Section will permit an owner or operator to 
deny an
inspector access to an amusement ride or amusement 
attraction when such
inspector is acting within the scope of 
his duties under this Act.

(Source: P.A. 83-1240.)



 
    (430 ILCS 85/2-20)
    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 
or fair 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.
    (b) A person, firm, corporation, or other entity that owns 
or operates a carnival or fair must conduct a criminal history 
records check and perform a check of the National Sex Offender 
Public Registry for carnival workers at the time they are 
hired, and annually thereafter except if they are in the 
continued employ of the entity  consistent with the Illinois 
Uniform Conviction Information Act and perform a check of the 
Sex Offender Registry. 
    The criminal history records check performed under this 
subsection (b) shall be performed by the Illinois State Police, 
another State or federal law enforcement agency, or a business 
belonging to the National Association of Professional 
Background Check Screeners. Any criminal history checks 
performed by the Illinois State Police shall be pursuant to the 
Illinois Uniform Conviction Information Act.
    In the case of carnival workers who are hired on a 
temporary basis to work at a specific event, the carnival or 
fair owner may work with local enforcement agencies in order 
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  or fair must have a substance abuse 
policy in place for its workers, which shall include random 
drug testing of carnival workers.
    (d) Any person, firm, corporation, or other entity that 
owns or operates a carnival or fair that violates the 
provisions of subsection (a) of this Section or fails to 
conduct a criminal history records check or a sex offender 
registry check for carnival workers in its employ, as required 
by subsection (b) of this Section, shall be assessed a civil 
penalty in an amount not to exceed $1,000 for a first offense, 
not to exceed $5,000 for a second offense, and not to exceed 
$15,000 for a third or subsequent offense. The collection of 
these penalties shall be enforced in a civil action brought by 
the Attorney General on behalf of the Department.
    (e) A carnival or fair owner is not responsible for:
        (1) any personal information submitted by a carnival 
    worker for criminal history records check purposes; or
        (2) any information provided by a third party for a 
    criminal history records check or a sex offender registry 
    check.
    (f) Recordkeeping requirements.  Any person, firm, 
corporation, or other entity that owns or operates a carnival 
or fair subject to the provisions of this Act shall make, 
preserve, and make available to the Department, upon its 
request, all records that are required by this Act, including 
but not limited to a written substance abuse policy, evidence 
of the required criminal history records check and sex offender 
registry check, and any other information the Director may deem 
necessary and appropriate for enforcement of this Act. 
    (g) A carnival or fair owner shall not be liable to any 
employee in carrying out the requirements of this Section.

(Source: P.A. 95-397, eff. 8-24-07; 95-687, eff. 10-23-07.)
 
    (430 ILCS 85/2-21  new)
    Sec. 2-21. Volunteers. Criminal background checks of 
volunteers, who manage, physically operate, or assist in the 
operation of an amusement ride or amusement attraction when it 
is open to the public, shall be left to the discretion of local 
law enforcement which has jurisdictional authority in the 
community in which the event is being held. Volunteers shall be 
required to comply with any training and age requirements as 
prescribed by rule.
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.