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Public Act 096-0151
Public Act 0151 96TH GENERAL ASSEMBLY
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Public Act 096-0151 |
SB1408 Enrolled |
LRB096 08842 KTG 18976 b |
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| 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,
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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;
| (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.
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Effective Date: 8/7/2009
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