Illinois General Assembly - Full Text of SB3125
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Full Text of SB3125  98th General Assembly




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1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Carnival and Amusement Rides Safety Act is
5amended by changing Sections 2-1, 2-2, 2-3, 2-10, 2-15, 2-17,
6and 2-20 as follows:
7    (430 ILCS 85/2-1)  (from Ch. 111 1/2, par. 4051)
8    Sec. 2-1. This Article shall be known and may be cited as
9the "Amusement Ride and Attraction Safety Act" "Carnival and
10Amusement Rides Safety Act".
11(Source: P.A. 83-1240.)
12    (430 ILCS 85/2-2)  (from Ch. 111 1/2, par. 4052)
13    Sec. 2-2. Definitions. As used in this Act, unless the
14context otherwise requires:
15    1. "Director" means the Director of Labor or his or her
17    2. "Department" means Department of Labor.
18    3. "Amusement attraction" means an enclosed building or
19structure, including electrical equipment which is an integral
20part of the building or structure, through which people walk
21without the aid of any moving device, that provides amusement,
22thrills or excitement at a fair, or carnival, or an amusement



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1enterprise, except any such enclosed building or structure
2which is subject to the jurisdiction of a local building code.
3    4. "Amusement ride" means:
4        (a) any mechanized device or combination of devices,
5    including electrical equipment which is an integral part of
6    the device or devices, which carries passengers along,
7    around, or over a fixed or restricted course for the
8    primary purpose of giving its passengers amusement,
9    pleasure, thrills, or excitement;
10        (b) any ski lift, rope tow, or other device used to
11    transport snow skiers;
12        (c) (blank);
13        (d) any dry slide over 20 feet in height, alpine slide,
14    or toboggan slide;
15        (e) any tram, open car, or combination of open cars or
16    wagons pulled by a tractor or other motorized device which
17    is not licensed by the Secretary of State, which may, but
18    does not necessarily follow a fixed or restricted course,
19    and is used primarily for the purpose of giving its
20    passengers amusement, pleasure, thrills or excitement, and
21    for which an individual fee is charged or a donation
22    accepted with the exception of hayrack rides;
23        (f) any bungee cord or similar elastic device; or
24        (g) any inflatable attraction.
25    5. "Carnival" or "amusement enterprise" means an
26enterprise which offers amusement or entertainment to the



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1public by means of one or more amusement attractions or
2amusement rides.
3    6. "Fair" means an enterprise principally devoted to the
4exhibition of products of agriculture or industry in connection
5with which amusement rides or amusement attractions are
7    7. "Operator" means a person, or the agent of a person, who
8owns or controls or has the duty to control the operation of an
9amusement ride or an amusement attraction at a carnival,
10amusement enterprise, or fair. "Operator" includes an agency of
11the State or any of its political subdivisions.
12    8. "Carnival worker" or "amusement enterprise worker"
13means a person who is employed (and is therefore not a
14volunteer) by a carnival, amusement enterprise, or fair to
15manage, physically operate, or assist in the operation of an
16amusement ride or amusement attraction when it is open to the
18    9. "Volunteer" means a person who operates or assists in
19the operation of an amusement ride or amusement attraction for
20an owner or operator without pay or lodging. An individual
21shall not be considered a volunteer if the individual is
22otherwise employed by the same owner or operator to perform the
23same type of service as those for which the individual proposes
24to volunteer.
25    10. "Inflatable attraction" means an amusement ride or
26device designed for use that may include, but not be limited



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1to, bounce, climb, slide, or interactive play, which is made of
2flexible fabric, is kept inflated by continuous air flow by one
3or more blowers, and relies upon air pressure to maintain its
5(Source: P.A. 98-541, eff. 8-23-13.)
6    (430 ILCS 85/2-3)  (from Ch. 111 1/2, par. 4053)
7    Sec. 2-3. There is hereby created the Amusement Ride and
8Attraction Safety Board Carnival-Amusement Safety Board,
9hereafter in this Act referred to as the "Board", to consist of
109 members. One member shall be the Director. Eight members
11shall be appointed by the Governor with the advice and consent
12of the Senate. The term of members shall be 4 years. Of the 8
13appointed members of the Board, 2 shall be operators of
14amusement rides, 1 shall be a registered professional engineer,
151 shall represent the insurance industry, and 4 shall represent
16the general public. The Board shall advise the Department on
17carnival, amusement enterprise, and amusement safety matters.
18(Source: P.A. 97-737, eff. 7-3-12.)
19    (430 ILCS 85/2-10)  (from Ch. 111 1/2, par. 4060)
20    Sec. 2-10. No amusement ride or amusement attraction shall
21be operated at a carnival, amusement enterprise, or fair in
22this State without a permit having been issued by the Director
23to an operator of such equipment. At least 30 days prior to the
24first day of operation or the expiration of the permit, any



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1person required to obtain a permit by this Act shall apply to
2the Director for a permit on a form furnished by the Director
3which form shall contain such information as the Director may
4require. The Director may waive the requirement that an
5application for a permit must be filed at least 30 days prior
6to the first day of operation or the expiration of the permit
7if the applicant gives satisfactory proof to the Director that
8he could not reasonably comply with the date requirement and if
9the applicant immediately applies for a permit after the need
10for a permit is first determined. For the purpose of
11determining if an amusement ride or amusement attraction is in
12safe operating condition and will provide protection to the
13public using such amusement ride or amusement attraction, each
14amusement ride or amusement attraction shall be inspected by
15the Director before it is initially placed in operation in this
16State, and shall thereafter be inspected at least once each
18    If, after inspection, an amusement ride or amusement
19attraction is found to comply with the rules adopted under this
20Act, the Director shall issue a permit for the operation of the
21amusement ride or amusement attraction. The permit shall be
22issued conditioned upon the payment of the permit fee and any
23applicable inspection fee at the time the application for
24permit to operate is filed with the Department and may be
25suspended as provided in the Department's rules.
26    If, after inspection, additions or alterations are



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1contemplated which change a structure, mechanism,
2classification or capacity, the operator shall notify the
3Director of his intentions in writing and provide any plans or
4diagrams requested by the Director.
5(Source: P.A. 96-151, eff. 8-7-09.)
6    (430 ILCS 85/2-15)  (from Ch. 111 1/2, par. 4065)
7    Sec. 2-15. Penalties.
8    (a) Criminal penalties.
9        1. Any person who operates an amusement ride or
10    amusement attraction at a carnival, amusement enterprise,
11    or fair without having obtained a permit from the
12    Department or who violates any order or rule issued by the
13    Department under this Act is guilty of a Class A
14    misdemeanor. Each day shall constitute a separate and
15    distinct offense.
16        2. Any person who interferes with, impedes, or
17    obstructs in any manner the Director or any authorized
18    representative of the Department in the performance of
19    their duties under this Act is guilty of a Class A
20    misdemeanor.
21    (b) Civil penalties. Unless otherwise provided in this Act,
22any person who operates an amusement ride or amusement
23attraction without having obtained a permit from the Department
24in violation of this Act is subject to a civil penalty not to
25exceed $2,500 per violation for a first violation and not to



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1exceed $5,000 for a second or subsequent violation.
2    Prior to any determination, or the imposition of any civil
3penalty, under this subsection (b), the Department shall notify
4the operator in writing of the alleged violation. The
5Department shall afford the operator 10 working days after the
6date of the notice to request a hearing. Upon written request
7of the operator, the Department shall schedule a formal
8administrative hearing in compliance with Article 10 of the
9Illinois Administrative Procedure Act and the Department's
10rules of procedure in administrative hearings, except that
11formal discovery, such as production requests,
12interrogatories, requests to admit, and depositions shall not
13be allowed. The parties shall exchange documents and witness
14lists prior to hearing and may request third party subpoenas to
15be issued. The final determination by the Department of Labor
16shall be rendered within 5 working days after the conclusion of
17the hearing. Final determinations made under this Section are
18subject to the provisions of the Administrative Review Law. In
19determining the amount of a penalty, the Director may consider
20the appropriateness of the penalty to the person or entity
21charged, upon determination of the gravity of the violation.
22The penalties, when finally determined, may be recovered in a
23civil action brought by the Director of Labor in any circuit
24court. In this litigation, the Director of Labor shall be
25represented by the Attorney General.
26(Source: P.A. 98-541, eff. 8-23-13; revised 11-15-13.)



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1    (430 ILCS 85/2-17)  (from Ch. 111 1/2, par. 4067)
2    Sec. 2-17. A municipality within its corporate limits and a
3county within unincorporated areas within its boundaries may
4inspect, license or regulate any amusement ride or amusement
5attraction operated at a carnival, amusement enterprise, or
6fair, provided that any safety standards or regulations
7implemented by a municipality or county in connection therewith
8shall be at least as stringent as those provided for in this
9Act and the rules and regulations adopted hereunder. Any
10municipality or county which inspects, licenses, or otherwise
11regulates amusement rides or amusement attractions may impose
12reasonable fees to cover the costs thereof.
13(Source: P.A. 83-1240.)
14    (430 ILCS 85/2-20)
15    Sec. 2-20. Employment of carnival and amusement enterprise
17    (a) Beginning on January 1, 2008, no person, firm,
18corporation, or other entity that owns or operates a carnival,
19amusement enterprise, or fair shall employ a carnival or
20amusement enterprise worker who (i) has been convicted of any
21offense set forth in Article 11 of the Criminal Code of 1961 or
22the Criminal Code of 2012, (ii) is a registered sex offender,
23as defined in the Sex Offender Registration Act, or (iii) has
24ever been convicted of any offense set forth in Article 9 of



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1the Criminal Code of 1961 or the Criminal Code of 2012.
2    (b) A person, firm, corporation, or other entity that owns
3or operates a carnival, amusement enterprise, or fair must
4conduct a criminal history records check and perform a check of
5the National Sex Offender Public Registry for carnival or
6amusement enterprise workers at the time they are hired, and
7annually thereafter except if they are in the continued employ
8of the entity.
9    The criminal history records check performed under this
10subsection (b) shall be performed by the Illinois State Police,
11another State or federal law enforcement agency, or a business
12belonging to the National Association of Professional
13Background Check Screeners. Any criminal history checks
14performed by the Illinois State Police shall be pursuant to the
15Illinois Uniform Conviction Information Act.
16    Individuals who are under the age of 17 are exempt from the
17criminal history records check requirements set forth in this
18subsection (b).
19    (c) Any person, firm, corporation, or other entity that
20owns or operates a carnival, amusement enterprise, or fair must
21have a substance abuse policy in place for its workers, which
22shall include random drug testing of carnival or amusement
23enterprise workers.
24    (d) Any person, firm, corporation, or other entity that
25owns or operates a carnival, amusement enterprise, or fair that
26violates the provisions of subsection (a) of this Section or



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1fails to conduct a criminal history records check or a sex
2offender registry check for carnival or amusement enterprise
3workers in its employ, as required by subsection (b) of this
4Section, shall be assessed a civil penalty in an amount not to
5exceed $1,000 for a first offense, not to exceed $5,000 for a
6second offense, and not to exceed $15,000 for a third or
7subsequent offense. The collection of these penalties shall be
8enforced in a civil action brought by the Attorney General on
9behalf of the Department.
10    (e) A carnival, amusement enterprise, or fair owner is not
11responsible for:
12        (1) any personal information submitted by a carnival or
13    amusement enterprise worker for criminal history records
14    check purposes; or
15        (2) any information provided by a third party for a
16    criminal history records check or a sex offender registry
17    check.
18    (f) Recordkeeping requirements. Any person, firm,
19corporation, or other entity that owns or operates a carnival,
20amusement enterprise, or fair subject to the provisions of this
21Act shall make, preserve, and make available to the Department,
22upon its request, all records that are required by this Act,
23including but not limited to a written substance abuse policy,
24evidence of the required criminal history records check and sex
25offender registry check, and any other information the Director
26may deem necessary and appropriate for enforcement of this Act.



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1    (g) A carnival, amusement enterprise, or fair owner shall
2not be liable to any employee in carrying out the requirements
3of this Section.
4(Source: P.A. 96-151, eff. 8-7-09; 97-1150, eff. 1-25-13.)