Full Text of SB3125 98th General Assembly
SB3125ham001 98TH GENERAL ASSEMBLY | Rep. Robert F. Martwick Filed: 4/30/2014
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| 1 | | AMENDMENT TO SENATE BILL 3125
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3125 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Carnival and Amusement Rides Safety Act is | 5 | | amended by changing Sections 2-1, 2-2, 2-3, 2-10, 2-15, 2-17, | 6 | | and 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 | 9 | | the "Amusement Ride and Attraction Safety Act"
"Carnival and | 10 | | Amusement 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 | 14 | | context
otherwise requires:
| 15 | | 1. "Director" means the Director of Labor or his or her |
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| 1 | | designee.
| 2 | | 2. "Department" means Department of Labor.
| 3 | | 3. "Amusement attraction" means an enclosed building or | 4 | | structure,
including electrical equipment which is an integral | 5 | | part of the building or
structure, through which people walk | 6 | | without the aid of any moving device,
that provides amusement, | 7 | | thrills or excitement at a fair , or carnival , or an amusement | 8 | | enterprise ,
except any such enclosed building or structure | 9 | | which is subject to the
jurisdiction of a local building code.
| 10 | | 4. "Amusement ride" means:
| 11 | | (a) any mechanized device
or combination of devices, | 12 | | including electrical equipment which is an
integral part of | 13 | | the device or devices, which carries passengers along,
| 14 | | around, or over a fixed or restricted course for the | 15 | | primary purpose of
giving its passengers amusement, | 16 | | pleasure, thrills, or excitement;
| 17 | | (b) any ski lift, rope tow, or other device used to | 18 | | transport snow
skiers;
| 19 | | (c) (blank);
| 20 | | (d) any dry slide over 20 feet in height, alpine slide, | 21 | | or toboggan
slide;
| 22 | | (e) any tram, open car, or combination of open cars or | 23 | | wagons pulled
by a tractor or other motorized device which | 24 | | is not licensed by the
Secretary of State, which may, but | 25 | | does not necessarily follow a fixed or
restricted course, | 26 | | and is used primarily for the purpose of giving its
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| 1 | | passengers amusement, pleasure, thrills or excitement, and | 2 | | for which an
individual fee is charged or a donation | 3 | | accepted with the exception of
hayrack rides;
| 4 | | (f) any bungee cord or similar elastic device; or | 5 | | (g) any inflatable attraction.
| 6 | | 5. "Carnival" or "amusement enterprise" means an | 7 | | enterprise which offers amusement or entertainment
to the | 8 | | public by means of one or more amusement attractions or | 9 | | amusement rides.
| 10 | | 6. "Fair" means an enterprise principally devoted to the | 11 | | exhibition of
products of agriculture or industry in connection | 12 | | with which
amusement rides or amusement attractions are | 13 | | operated.
| 14 | | 7. "Operator" means a person, or the agent of a person, who | 15 | | owns or
controls or has the duty to control the operation of an | 16 | | amusement ride or
an amusement attraction at a carnival , | 17 | | amusement enterprise, or fair. "Operator" includes an
agency of | 18 | | the State or any of its political subdivisions.
| 19 | | 8. "Carnival worker" or "amusement enterprise worker" | 20 | | means a person who is employed (and is therefore not a | 21 | | volunteer) by a carnival , amusement enterprise, or fair to | 22 | | manage, physically operate, or assist in the operation of an | 23 | | amusement ride or amusement attraction when it is open to the | 24 | | public.
| 25 | | 9. "Volunteer" means a person who operates or assists in | 26 | | the operation of an amusement ride or amusement attraction for |
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| 1 | | an owner or operator without pay or lodging. An individual | 2 | | shall not be considered a volunteer if the individual is | 3 | | otherwise employed by the same owner or operator to perform the | 4 | | same type of service as those for which the individual proposes | 5 | | to volunteer. | 6 | | 10. "Inflatable attraction" means an amusement ride or | 7 | | device designed for use that may include, but not be limited | 8 | | to, bounce, climb, slide, or interactive play, which is made of | 9 | | flexible fabric, is kept inflated by continuous air flow by one | 10 | | or more blowers, and relies upon air pressure to maintain its | 11 | | shape. | 12 | | (Source: P.A. 98-541, eff. 8-23-13.)
| 13 | | (430 ILCS 85/2-3) (from Ch. 111 1/2, par. 4053)
| 14 | | Sec. 2-3. There is hereby created the Amusement Ride and | 15 | | Attraction Safety Board Carnival-Amusement Safety Board ,
| 16 | | hereafter in this Act referred to as the "Board", to consist of | 17 | | 9
members. One member shall be the Director. Eight members | 18 | | shall
be appointed by the Governor with the advice and consent | 19 | | of the Senate.
The term of members shall be 4 years. Of the
8 | 20 | | appointed members of the Board, 2 shall be operators of | 21 | | amusement rides, 1 shall be a registered professional engineer, | 22 | | 1 shall represent the insurance industry, and 4 shall represent | 23 | | the general public. The Board shall advise the Department on | 24 | | carnival , amusement enterprise, and amusement safety matters.
| 25 | | (Source: P.A. 97-737, eff. 7-3-12.)
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| 1 | | (430 ILCS 85/2-10) (from Ch. 111 1/2, par. 4060)
| 2 | | Sec. 2-10. No amusement ride or amusement attraction
shall | 3 | | be operated at a carnival , amusement enterprise, or fair in | 4 | | this State
without a permit having been issued by the Director | 5 | | to an operator of such
equipment. At least 30 days prior to the | 6 | | first day of operation or the expiration of the permit, any | 7 | | person required
to obtain a permit by this Act shall apply to | 8 | | the Director for a permit
on a form furnished by the Director | 9 | | which form shall contain such information
as the Director may | 10 | | require. The Director may waive the requirement that
an | 11 | | application for a permit must be filed at least 30 days prior | 12 | | to the first day of operation or the expiration of the permit | 13 | | if the applicant gives satisfactory proof to the Director
that | 14 | | he could not reasonably comply with the date requirement and if | 15 | | the
applicant immediately applies for a permit after the need | 16 | | for a permit is
first determined. For the purpose of | 17 | | determining if an amusement ride or
amusement attraction is in | 18 | | safe operating condition and will provide
protection to the | 19 | | public using such amusement ride or amusement attraction,
each | 20 | | amusement ride or amusement attraction shall be inspected by | 21 | | the
Director before it is initially placed in operation in this | 22 | | State, and
shall thereafter be inspected at least once each | 23 | | year.
| 24 | | If, after inspection, an amusement ride or amusement | 25 | | attraction is found
to comply with the rules adopted under this |
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| 1 | | Act, the Director shall issue
a permit for the operation of the | 2 | | amusement ride or amusement attraction.
The permit shall be | 3 | | issued conditioned upon the payment of the permit fee
and any | 4 | | applicable inspection fee at the time the application for | 5 | | permit to
operate is
filed with the Department
and may be | 6 | | suspended as provided in the Department's rules.
| 7 | | If, after inspection, additions or alterations are | 8 | | contemplated which change
a structure, mechanism, | 9 | | classification or capacity, the operator shall notify
the | 10 | | Director of his intentions in writing and provide any plans or | 11 | | diagrams
requested by the Director.
| 12 | | (Source: P.A. 96-151, eff. 8-7-09.)
| 13 | | (430 ILCS 85/2-15) (from Ch. 111 1/2, par. 4065)
| 14 | | Sec. 2-15. Penalties. | 15 | | (a) Criminal penalties. | 16 | | 1. Any person who operates an amusement ride or | 17 | | amusement attraction at
a carnival , amusement enterprise, | 18 | | or fair without having obtained
a permit from the | 19 | | Department or who violates any order or rule issued by the | 20 | | Department
under this Act is guilty of a Class A | 21 | | misdemeanor. Each
day shall constitute a separate and | 22 | | distinct offense.
| 23 | | 2. Any person who interferes with, impedes, or | 24 | | obstructs in any manner
the Director or any authorized | 25 | | representative of the Department
in the performance of |
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| 1 | | their duties under this Act is guilty
of a Class A | 2 | | misdemeanor.
| 3 | | (b) Civil penalties. Unless otherwise provided in this Act, | 4 | | any person who operates an amusement ride or amusement | 5 | | attraction without having obtained a permit from the Department | 6 | | in violation of this Act is subject to a civil penalty not to | 7 | | exceed $2,500 per violation for a first violation and not to | 8 | | exceed $5,000 for a second or subsequent violation. | 9 | | Prior to any determination, or the imposition of any civil | 10 | | penalty, under this subsection (b), the Department shall notify | 11 | | the operator in writing of the alleged violation. The | 12 | | Department shall afford the operator 10 working days after the | 13 | | date of the notice to request a hearing. Upon written request | 14 | | of the operator, the Department shall schedule a formal | 15 | | administrative hearing in compliance with Article 10 of the | 16 | | Illinois Administrative Procedure Act and the Department's | 17 | | rules of procedure in administrative hearings, except that | 18 | | formal discovery, such as production requests, | 19 | | interrogatories, requests to admit, and depositions shall not | 20 | | be allowed. The parties shall exchange documents and witness | 21 | | lists prior to hearing and may request third party subpoenas to | 22 | | be issued. The final determination by the Department of Labor | 23 | | shall be rendered within 5 working days after the conclusion of | 24 | | the hearing. Final determinations made under this Section are | 25 | | subject to the provisions of the Administrative Review Law. In | 26 | | determining the amount of a penalty, the Director may consider |
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| 1 | | the appropriateness of the penalty to the person or entity | 2 | | charged, upon determination of the gravity of the violation. | 3 | | The penalties, when finally determined, may be recovered in a | 4 | | civil action brought by the Director of Labor in any circuit | 5 | | court. In this litigation, the Director of Labor shall be | 6 | | represented by the Attorney General. | 7 | | (Source: P.A. 98-541, eff. 8-23-13; revised 11-15-13.)
| 8 | | (430 ILCS 85/2-17) (from Ch. 111 1/2, par. 4067)
| 9 | | Sec. 2-17.
A municipality within its corporate limits and a | 10 | | county
within unincorporated areas within its boundaries may | 11 | | inspect, license or regulate
any amusement ride or amusement | 12 | | attraction operated at a carnival , amusement enterprise, or | 13 | | fair,
provided that any safety standards or regulations | 14 | | implemented by a
municipality or county in connection therewith | 15 | | shall be at least as
stringent as those provided for in this | 16 | | Act and the rules and regulations
adopted hereunder. Any | 17 | | municipality or county which inspects, licenses, or
otherwise | 18 | | regulates amusement rides or amusement attractions may impose
| 19 | | reasonable fees to cover the costs thereof.
| 20 | | (Source: P.A. 83-1240.)
| 21 | | (430 ILCS 85/2-20) | 22 | | Sec. 2-20. Employment of carnival and amusement enterprise | 23 | | workers. | 24 | | (a) Beginning on January 1, 2008, no person, firm, |
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| 1 | | corporation, or other entity that owns or operates a carnival , | 2 | | amusement enterprise, or fair shall employ a carnival or | 3 | | amusement enterprise worker who (i) has been convicted of any | 4 | | offense set forth in Article 11 of the Criminal Code of 1961 or | 5 | | the Criminal Code of 2012, (ii) is a registered sex offender, | 6 | | as defined in the Sex Offender Registration Act, or (iii) has | 7 | | ever been convicted of any offense set forth in Article 9 of | 8 | | the Criminal Code of 1961 or the Criminal Code of 2012. | 9 | | (b) A person, firm, corporation, or other entity that owns | 10 | | or operates a carnival , amusement enterprise, or fair must | 11 | | conduct a criminal history records check and perform a check of | 12 | | the National Sex Offender Public Registry for carnival or | 13 | | amusement enterprise workers at the time they are hired, and | 14 | | annually thereafter except if they are in the continued employ | 15 | | of the entity. | 16 | | The criminal history records check performed under this | 17 | | subsection (b) shall be performed by the Illinois State Police, | 18 | | another State or federal law enforcement agency, or a business | 19 | | belonging to the National Association of Professional | 20 | | Background Check Screeners. Any criminal history checks | 21 | | performed by the Illinois State Police shall be pursuant to the | 22 | | Illinois Uniform Conviction Information Act. | 23 | | Individuals who are under the age of 17 are exempt from the | 24 | | criminal history records check requirements set forth in this | 25 | | subsection (b). | 26 | | (c) Any person, firm, corporation, or other entity that |
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| 1 | | owns or operates a carnival , amusement enterprise, or fair must | 2 | | have a substance abuse policy in place for its workers, which | 3 | | shall include random drug testing of carnival or amusement | 4 | | enterprise workers. | 5 | | (d) Any person, firm, corporation, or other entity that | 6 | | owns or operates a carnival , amusement enterprise, or fair that | 7 | | violates the provisions of subsection (a) of this Section or | 8 | | fails to conduct a criminal history records check or a sex | 9 | | offender registry check for carnival or amusement enterprise | 10 | | workers in its employ, as required by subsection (b) of this | 11 | | Section, shall be assessed a civil penalty in an amount not to | 12 | | exceed $1,000 for a first offense, not to exceed $5,000 for a | 13 | | second offense, and not to exceed $15,000 for a third or | 14 | | subsequent offense. The collection of these penalties shall be | 15 | | enforced in a civil action brought by the Attorney General on | 16 | | behalf of the Department. | 17 | | (e) A carnival , amusement enterprise, or fair owner is not | 18 | | responsible for: | 19 | | (1) any personal information submitted by a carnival or | 20 | | amusement enterprise worker for criminal history records | 21 | | check purposes; or | 22 | | (2) any information provided by a third party for a | 23 | | criminal history records check or a sex offender registry | 24 | | check. | 25 | | (f) Recordkeeping requirements. Any person, firm, | 26 | | corporation, or other entity that owns or operates a carnival , |
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| 1 | | amusement enterprise, or fair subject to the provisions of this | 2 | | Act shall make, preserve, and make available to the Department, | 3 | | upon its request, all records that are required by this Act, | 4 | | including but not limited to a written substance abuse policy, | 5 | | evidence of the required criminal history records check and sex | 6 | | offender registry check, and any other information the Director | 7 | | may deem necessary and appropriate for enforcement of this Act. | 8 | | (g) A carnival , amusement enterprise, or fair owner shall | 9 | | not be liable to any employee in carrying out the requirements | 10 | | of this Section.
| 11 | | (Source: P.A. 96-151, eff. 8-7-09; 97-1150, eff. 1-25-13.)".
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