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| [ Engrossed ] | [ Senate Amendment 001 ] |
91_SB1104
LRB9101921KScs
1 AN ACT in relation to amusement rides, devices, and
2 attractions.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Amusement Rider Safety Act.
7 Section 5. Legislative findings. The General Assembly
8 finds and declares that:
9 (a) The amusement industry, including amusement parks,
10 water based recreational amusements, temporary carnivals,
11 go-karts, and downhill skiing, attracts a large number of
12 citizens of this State and also attracts to this State a
13 large number of non-residents, significantly contributing to
14 the tourist industry and tax base of this State.
15 (b) The safety of the public using amusement rides or
16 devices is an important matter of public policy.
17 (c) There are inherent risks associated with all
18 machinery or equipment, that are impractical or impossible
19 for an amusement ride or device owner and an amusement ride
20 or device manufacturer to eliminate with all reasonable
21 safety precautions, and the overall safety of the citizens of
22 this State would be greatly enhanced if riders recognize
23 these inherent risks and behave in a manner conducive to
24 their own protection and the protection of others.
25 (d) The safety of amusement rides or devices is well
26 protected by existing safety and inspection requirements
27 under both statutes and regulations. This Act recognizes
28 that there are inherent safety risks that are unavoidable and
29 must be borne by those who use amusement rides or devices.
30 (e) The owners of many amusement parks and temporary
31 carnivals face great difficulty in obtaining liability
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1 insurance coverage at an affordable cost. The lack of
2 affordable insurance coverage affects not only owners but
3 also patrons who may suffer personal injury or property
4 damage as a result of accidents that occur on the premises of
5 an amusement park and temporary carnival. This Act shall be
6 liberally construed to best carry out its purposes.
7 Section 10. Definitions. As used in this Act:
8 (a) "Amusement facility", "amusement park", and
9 "temporary carnival" mean any person, park, firm, or
10 corporation that owns, leases, manages, or operates an
11 amusement park or amusement ride or device or attraction.
12 (b) "Amusement attraction" means an enclosed building or
13 structure, including electrical equipment which is an
14 integral part of the building or structure, through which
15 people walk without the aid of any moving device, that
16 provides amusement, thrills, or excitement.
17 (c) "Amusement ride or device" means:
18 (1) any mechanized device or combination of
19 devices, including electrical equipment that is an
20 integral part of the device or devices, which carries
21 passengers along, around, or over a fixed or restricted
22 course for the primary purpose of giving its passengers
23 amusement, pleasure, thrills, or excitement;
24 (2) any ski lift, rope tow, or other device used to
25 transport snow skiers;
26 (3) any water slide, or water amusement ride or
27 device in a water amusement area, not regulated by the
28 Department of Public Health under the Youth Camp Act, the
29 Campground Licensing and Recreational Area Act, or the
30 Swimming Pool and Bathing Beach Act;
31 (4) any dry slide over 20 feet in height, alpine
32 slide, or toboggan slide;
33 (5) any tram, open car, or combination of open cars
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1 or wagons pulled by a tractor or other motorized device
2 which is not licensed by the Secretary of State, which
3 may, but does not necessarily follow a fixed or
4 restricted course, and is used primarily for the purpose
5 of giving its passengers amusement, pleasure, thrills, or
6 excitement, and for which an individual fee is charged or
7 a donation accepted with the exception of hayrack rides;
8 (6) any aerial tramway; or
9 (7) any bungee cord or similar elastic device.
10 (d) "Temporary carnival or carnival" means an enterprise
11 which offers amusement or entertainment to the public by
12 means of one or more amusement attractions or amusement rides
13 or devices which are transported from place to place.
14 (e) "Operator" means a person, or the agent of a person,
15 who owns or controls or has the duty to control the operation
16 of an amusement ride or an amusement attraction at a carnival
17 or fair. "Operator" includes an agency or political
18 subdivisions of the State and any sponsors of an amusement
19 ride or an amusement attraction at a carnival or fair.
20 (f) "Amusement ride or attraction manufacturer" means
21 any person, firm, partnership, or corporation that designs,
22 constructs, erects, produces, creates, rebuilds, alters, or
23 distributes amusement rides or devices or amusement
24 attractions.
25 (g) "Parent or guardian" means a parent, custodian, or
26 guardian or person responsible for the control, safety,
27 training or education, of a rider who is a minor or a person
28 with a disability.
29 (h) "Premises" means the area on which an amusement
30 facility, amusement park, or temporary carnival is located
31 and the area immediately adjacent (no more than 100 feet
32 away) from the amusement ride or device.
33 (i) "Rider" means any person who is lawfully:
34 (1) waiting to get on an amusement ride or device;
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1 (2) getting on an amusement ride or device;
2 (3) using an amusement ride or device;
3 (4) getting off an amusement ride or device; or
4 (5) leaving an amusement ride or device and still
5 in its immediate vicinity.
6 "Rider" does not include an employee, agent, or servant
7 of the amusement owner while he or she is acting under the
8 direction of the owner in furtherance of any job duty.
9 (j) "Sign" means any symbol or language reasonably
10 calculated to communicate information to a rider or the
11 rider's parent or guardian, including a placard, a
12 prerecorded message, a live public address, a sticker, a
13 picture, a pictogram, a video, a verbal information, a
14 printed information, and a visual sign.
15 Section 15. Existing law. Nothing in this Act shall be
16 construed as limiting or otherwise affecting the liability
17 and responsibility of an amusement facility, amusement park,
18 temporary carnival, or amusement ride or device or attraction
19 manufacturer under the Carnival and Amusements Rides Safety
20 Act or the rules adopted under that Act. In addition,
21 nothing in this Act shall be construed as limiting or
22 otherwise affecting the responsibility and liability of an
23 amusement park or temporary carnival to provide reasonable
24 supervision of riders.
25 Section 20. Operator responsibilities; notice to riders.
26 (a) Every amusement facility, amusement park, and
27 temporary carnival owner shall post signs in at least 3
28 locations on the premises. Each sign must include the
29 location of the station for reporting an injury or accident,
30 and the location of the first aid station. The amusement
31 facility, amusement park, or temporary carnival shall
32 designate at least one location on the premises for reporting
33 an injury or accident so located that no area containing
34 amusement rides, devices, or attractions is further than
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1 three-eighths of a mile from a reporting location unless
2 transportation is available to carry or convey people to the
3 reporting site.
4 (b) Amusement facility, amusement park, and temporary
5 carnival owners shall post a sign at each amusement ride or
6 device or attraction that states:
7 (1) operational instructions, if any;
8 (2) safety guidelines for riders, if any;
9 (3) rider height, medical or other restrictions on
10 the use of the amusement ride or device or attraction, if
11 any; and
12 (4) the following legend: "State law requires
13 riders to obey all warnings and directions for this ride
14 and behave in a manner that will not cause or contribute
15 to injuring themselves or others.
16 (c) If the amusement ride or device is to be operated
17 after sundown, each sign required by this Section shall be
18 illuminated so that it is readily visible at a distance of
19 not less than 15 feet from the location of the sign. Signs
20 required by this Section shall be:
21 (1) prominently placed at a conspicuous location;
22 and
23 (2) clearly visible and legible.
24 Section 25. Rider Responsibilities.
25 (a) Riders shall conduct themselves within the limits of
26 their individual size and ability and shall not act in a
27 manner that may cause or contribute to the injury of
28 themselves or others. A rider shall, at a minimum:
29 (1) refrain from boarding or dismounting from an
30 amusement ride or device except at a designated area, if
31 one is provided, except at the expressed instruction of
32 the ride attendant or employee of the amusement park or
33 temporary carnival;
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1 (2) refrain from throwing, dropping or expelling
2 any objects from or toward any amusement ride or device;
3 (3) refrain from acting in a manner contrary to
4 posted and stated rules while standing in line to board,
5 boarding, riding on, dismounting, or departing from an
6 amusement ride or device;
7 (4) refrain from engaging in any act or activity
8 which may tend to injure himself or herself or others;
9 (5) while using amusement rides or devices that
10 require self-steering or control, maintain reasonable
11 speed at all times and unless the ride is specifically
12 designed otherwise, shall at all times stay clear of
13 other equipment, persons, or riders and under all
14 circumstances, shall not steer the ride in such a manner
15 as to intentionally harm another;
16 (6) refrain from disconnecting, disabling, or
17 attempting to disconnect or disable, any safety device,
18 seat belt, harness, or other restraining device except at
19 the express instruction of the ride attendant or employee
20 of the amusement park or temporary carnival;
21 (7) refrain from disembarking or attempting to
22 disembark from any amusement ride or device before,
23 during, or after movement of a ride has started except
24 upon the express instruction of the ride attendant or
25 employee of the amusement facility, amusement park, or
26 temporary carnival;
27 (8) refrain from altering or enhancing the intended
28 speed, course, or direction of a ride by using any
29 unauthorized device, instrument, or method;
30 (9) use or engage safety devices provided;
31 (10) refrain from using any controls of an
32 amusement ride which are designated, by location or
33 labeling, as being only for the operator; and
34 (11) refrain from boarding an amusement ride or
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1 device unless the rider has sufficient knowledge,
2 understanding and ability to use the ride and if the
3 rider does not possess sufficient knowledge and ability,
4 the rider must request and receive written or oral
5 instructions prior to using the ride or device.
6 (b) A rider under the age of 13 years is assumed to have
7 a parent or legal guardian who has read and explained the
8 posted rules to the child and the child is assumed to
9 understand and follow the appropriate conduct. A person at
10 least 13 years of age entering into a controlled area without
11 authority or approval, embarking on an amusement ride or
12 device without authority, or failing to pay consideration for
13 its use, shall be considered a trespasser.
14 Section 30. Rider qualifications. A rider shall not get
15 on or attempt to get on an amusement ride or device unless
16 the rider, or the rider's parent or guardian, reasonably
17 determines that, at a minimum, the rider:
18 (a) has sufficient knowledge to use, get on, or get off
19 the amusement ride or device safely without instruction or
20 the person has requested and received before getting on the
21 ride sufficient information to get on, use, or get off
22 safely;
23 (b) has located, reviewed, and understood any signs in
24 the vicinity of the ride and has satisfied any posted height,
25 medical, or other restrictions;
26 (c) knows the range and limits of his or her ability and
27 is aware that the requirements of the amusement ride or
28 device will not exceed those limits;
29 (d) is not under the influence of alcohol or any drug or
30 substance that affects the person's ability to safely use the
31 amusement ride or device or obey the posted rules or oral
32 instructions; and
33 (e) is authorized by the amusement owner or his or her
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1 authorized servant, agent, or employee to get on the
2 amusement ride or device.
3 Section 35. Operator's right to refuse admission.
4 (a) The operator of the amusement ride or device may
5 prevent a rider who is perceived to be under the influence of
6 drugs or alcohol from boarding or riding an amusement ride or
7 device.
8 (b) The operator of the amusement ride or device may
9 prevent a rider who is perceived to be unable to safely ride
10 the amusement ride or device due to a physical or mental
11 condition from boarding or riding the ride or device. For
12 purposes of this subsection (b), a rider is unable to safely
13 ride the amusement ride or device if he or she would pose a
14 threat to his or her own safety or the safety of those in or
15 around the amusement ride or device.
16 Section 50. Accident or injury reporting requirements.
17 (a) A rider shall report in writing to the amusement
18 facility, amusement park, or temporary carnival all details
19 of any injury sustained on an amusement ride or device or
20 attraction before leaving the amusement facility, amusement
21 park, or temporary carnival's premises, including:
22 (1) the name, address, and phone number of the
23 injured person;
24 (2) a brief description of the incident, the
25 injuries claimed, and the location, date, and time of the
26 injury;
27 (3) the cause of the injury, if known; and
28 (4) the names, addresses, and phone numbers of any
29 witnesses to the incident.
30 (b) If a rider is unsure of his or her physical
31 condition at the time of an injury and fails to report an
32 injury before leaving the premises, the rider shall provide
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1 the written report required by this Section within 7 calendar
2 days immediately following the incident.
3 (c) Any report required under this Section shall be
4 provided to the amusement facility, amusement park, or
5 temporary carnival unless the location of that entity has
6 changed. If the location has changed, the rider may provide
7 this written report to the Department of Labor. If the rider
8 is unable to file a report because of the severity of his or
9 her injuries, the rider shall file the report as soon as
10 reasonably possible, but no later than 90 calendar days after
11 the injury. The failure of a rider, or the rider's parent or
12 guardian, to report an injury under this Section does not
13 impair the rider's right to commence a civil action related
14 to the incident.
15 Section 55. Willful violation causing death; criminal
16 penalties. If a person willfully violates this Act or any
17 rule adopted under this Act and another individual dies as a
18 result of the violation, the person committing the violation
19 is guilty of:
20 (a) a Class B misdemeanor for a first offense; or
21 (b) a Class A misdemeanor for a second or subsequent
22 offense, for which the person shall be fined not more than
23 $500 or imprisoned for more than 6 months but less than one
24 year, or both fined and imprisoned.
25 Section 60. Criminal penalty; violation of the Act. If
26 a person willfully violates this Act or any rule promulgated
27 under this Act, the person is guilty of a Class C misdemeanor
28 and shall be fined not more than $500 or imprisoned for not
29 more than 30 days, or both fined and imprisoned.
30 Section 65. Exclusions. The provisions of this Act do
31 not apply to activities regulated under the Roller Skating
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1 Rink Safety Act.
2 Section 90. Severability. The provisions of this Act
3 are severable under Section 1.31 of the Statute on Statutes.
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.