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| Public Act 098-0769 | ||||
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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 | ||||
amended by changing Sections 2-1, 2-2, 2-3, 2-10, 2-15, 2-17, | ||||
and 2-20 as follows:
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(430 ILCS 85/2-1) (from Ch. 111 1/2, par. 4051)
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Sec. 2-1.
This Article shall be known and may be cited as | ||||
the "Amusement Ride and Attraction Safety Act"
"Carnival and | ||||
Amusement Rides Safety Act".
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(Source: P.A. 83-1240.)
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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, or an amusement | ||||
enterprise,
except any such enclosed building or structure | ||
which is subject to the
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;
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(f) any bungee cord or similar elastic device; or | ||
(g) any inflatable attraction.
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5. "Carnival" or "amusement enterprise" 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, | ||
amusement enterprise, or fair. "Operator" includes an
agency of | ||
the State or any of its political subdivisions.
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8. "Carnival worker" or "amusement enterprise worker" | ||
means a person who is employed (and is therefore not a | ||
volunteer) by a carnival, amusement enterprise, 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.
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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. | ||
10. "Inflatable attraction" means an amusement ride or | ||
device designed for use that may include, but not be limited | ||
to, bounce, climb, slide, or interactive play, which is made of | ||
flexible fabric, is kept inflated by continuous air flow by one | ||
or more blowers, and relies upon air pressure to maintain its | ||
shape. | ||
(Source: P.A. 98-541, eff. 8-23-13.)
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(430 ILCS 85/2-3) (from Ch. 111 1/2, par. 4053)
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Sec. 2-3. There is hereby created the Amusement Ride and | ||
Attraction Safety Board Carnival-Amusement Safety Board,
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hereafter in this Act referred to as the "Board", to consist of | ||
9
members. One member shall be the Director. Eight members | ||
shall
be appointed by the Governor with the advice and consent | ||
of the Senate.
The term of members shall be 4 years. Of the
8 | ||
appointed members of the Board, 2 shall be operators of | ||
amusement rides, 1 shall be a registered professional engineer, | ||
1 shall represent the insurance industry, and 4 shall represent | ||
the general public. The Board shall advise the Department on | ||
carnival, amusement enterprise, and amusement safety matters.
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(Source: P.A. 97-737, eff. 7-3-12.)
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(430 ILCS 85/2-10) (from Ch. 111 1/2, par. 4060)
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Sec. 2-10. No amusement ride or amusement attraction
shall | ||
be operated at a carnival, amusement enterprise, 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, 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 | ||
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.
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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.
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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.
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(Source: P.A. 96-151, eff. 8-7-09.)
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(430 ILCS 85/2-15) (from Ch. 111 1/2, par. 4065)
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Sec. 2-15. Penalties. | ||
(a) Criminal penalties. | ||
1. Any person who operates an amusement ride or | ||
amusement attraction at
a carnival, amusement enterprise, | ||
or fair without having obtained
a permit from the | ||
Department or who violates any order or rule issued by the | ||
Department
under this Act is guilty of a Class A | ||
misdemeanor. Each
day shall constitute a separate and | ||
distinct offense.
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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.
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(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 10 working days after the | ||
date of the notice to request a hearing. Upon written request | ||
of the operator, the Department shall schedule a formal | ||
administrative hearing in compliance with Article 10 of the | ||
Illinois Administrative Procedure Act and the Department's | ||
rules of procedure in administrative hearings, except that | ||
formal discovery, such as production requests, | ||
interrogatories, requests to admit, and depositions shall not | ||
be allowed. The parties shall exchange documents and witness | ||
lists prior to hearing and may request third party subpoenas to | ||
be issued. The final determination by the Department of Labor | ||
shall be rendered within 5 working days after the conclusion of | ||
the hearing. Final determinations made under this Section are | ||
subject to the provisions of the Administrative Review Law. 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. | ||
The penalties, when finally determined, 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. 98-541, eff. 8-23-13; revised 11-15-13.)
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(430 ILCS 85/2-17) (from Ch. 111 1/2, par. 4067)
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Sec. 2-17.
A municipality within its corporate limits and a | ||
county
within unincorporated areas within its boundaries may | ||
inspect, license or regulate
any amusement ride or amusement | ||
attraction operated at a carnival, amusement enterprise, or | ||
fair,
provided that any safety standards or regulations | ||
implemented by a
municipality or county in connection therewith | ||
shall be at least as
stringent as those provided for in this | ||
Act and the rules and regulations
adopted hereunder. Any | ||
municipality or county which inspects, licenses, or
otherwise | ||
regulates amusement rides or amusement attractions may impose
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reasonable fees to cover the costs thereof.
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(Source: P.A. 83-1240.)
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(430 ILCS 85/2-20) | ||
Sec. 2-20. Employment of carnival and amusement enterprise | ||
workers. | ||
(a) Beginning on January 1, 2008, no person, firm, | ||
corporation, or other entity that owns or operates a carnival, | ||
amusement enterprise, or fair shall employ a carnival or | ||
amusement enterprise worker who (i) has been convicted of any | ||
offense set forth in Article 11 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, (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 or the Criminal Code of 2012. | ||
(b) A person, firm, corporation, or other entity that owns | ||
or operates a carnival, amusement enterprise, or fair must | ||
conduct a criminal history records check and perform a check of | ||
the National Sex Offender Public Registry for carnival or | ||
amusement enterprise workers at the time they are hired, and | ||
annually thereafter except if they are in the continued employ | ||
of the entity. | ||
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. | ||
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, amusement enterprise, or fair must | ||
have a substance abuse policy in place for its workers, which | ||
shall include random drug testing of carnival or amusement | ||
enterprise workers. | ||
(d) Any person, firm, corporation, or other entity that | ||
owns or operates a carnival, amusement enterprise, 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 or amusement enterprise | ||
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, amusement enterprise, or fair owner is not | ||
responsible for: | ||
(1) any personal information submitted by a carnival or | ||
amusement enterprise 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, | ||
amusement enterprise, 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, amusement enterprise, or fair owner shall | ||
not be liable to any employee in carrying out the requirements | ||
of this Section.
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(Source: P.A. 96-151, eff. 8-7-09; 97-1150, eff. 1-25-13.)
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