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


Rep. Robert F. Martwick

Filed: 5/5/2014





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2    AMENDMENT NO. ______. Amend Senate Bill 3125 by replacing
3everything after the enacting clause with the following:
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



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2    2. "Department" means Department of Labor.
3    3. "Amusement attraction" means an enclosed building or
4structure, including electrical equipment which is an integral
5part of the building or structure, through which people walk
6without the aid of any moving device, that provides amusement,
7thrills or excitement at a fair, or carnival, or an amusement
8enterprise, except any such enclosed building or structure
9which 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
7enterprise which offers amusement or entertainment to the
8public by means of one or more amusement attractions or
9amusement rides.
10    6. "Fair" means an enterprise principally devoted to the
11exhibition of products of agriculture or industry in connection
12with which amusement rides or amusement attractions are
14    7. "Operator" means a person, or the agent of a person, who
15owns or controls or has the duty to control the operation of an
16amusement ride or an amusement attraction at a carnival,
17amusement enterprise, or fair. "Operator" includes an agency of
18the State or any of its political subdivisions.
19    8. "Carnival worker" or "amusement enterprise worker"
20means a person who is employed (and is therefore not a
21volunteer) by a carnival, amusement enterprise, or fair to
22manage, physically operate, or assist in the operation of an
23amusement ride or amusement attraction when it is open to the
25    9. "Volunteer" means a person who operates or assists in
26the operation of an amusement ride or amusement attraction for



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1an owner or operator without pay or lodging. An individual
2shall not be considered a volunteer if the individual is
3otherwise employed by the same owner or operator to perform the
4same type of service as those for which the individual proposes
5to volunteer.
6    10. "Inflatable attraction" means an amusement ride or
7device designed for use that may include, but not be limited
8to, bounce, climb, slide, or interactive play, which is made of
9flexible fabric, is kept inflated by continuous air flow by one
10or more blowers, and relies upon air pressure to maintain its
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
15Attraction Safety Board Carnival-Amusement Safety Board,
16hereafter in this Act referred to as the "Board", to consist of
179 members. One member shall be the Director. Eight members
18shall be appointed by the Governor with the advice and consent
19of the Senate. The term of members shall be 4 years. Of the 8
20appointed members of the Board, 2 shall be operators of
21amusement rides, 1 shall be a registered professional engineer,
221 shall represent the insurance industry, and 4 shall represent
23the general public. The Board shall advise the Department on
24carnival, 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
3be operated at a carnival, amusement enterprise, or fair in
4this State without a permit having been issued by the Director
5to an operator of such equipment. At least 30 days prior to the
6first day of operation or the expiration of the permit, any
7person required to obtain a permit by this Act shall apply to
8the Director for a permit on a form furnished by the Director
9which form shall contain such information as the Director may
10require. The Director may waive the requirement that an
11application for a permit must be filed at least 30 days prior
12to the first day of operation or the expiration of the permit
13if the applicant gives satisfactory proof to the Director that
14he could not reasonably comply with the date requirement and if
15the applicant immediately applies for a permit after the need
16for a permit is first determined. For the purpose of
17determining if an amusement ride or amusement attraction is in
18safe operating condition and will provide protection to the
19public using such amusement ride or amusement attraction, each
20amusement ride or amusement attraction shall be inspected by
21the Director before it is initially placed in operation in this
22State, and shall thereafter be inspected at least once each
24    If, after inspection, an amusement ride or amusement
25attraction is found to comply with the rules adopted under this



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1Act, the Director shall issue a permit for the operation of the
2amusement ride or amusement attraction. The permit shall be
3issued conditioned upon the payment of the permit fee and any
4applicable inspection fee at the time the application for
5permit to operate is filed with the Department and may be
6suspended as provided in the Department's rules.
7    If, after inspection, additions or alterations are
8contemplated which change a structure, mechanism,
9classification or capacity, the operator shall notify the
10Director of his intentions in writing and provide any plans or
11diagrams 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,
4any person who operates an amusement ride or amusement
5attraction without having obtained a permit from the Department
6in violation of this Act is subject to a civil penalty not to
7exceed $2,500 per violation for a first violation and not to
8exceed $5,000 for a second or subsequent violation.
9    Prior to any determination, or the imposition of any civil
10penalty, under this subsection (b), the Department shall notify
11the operator in writing of the alleged violation. The
12Department shall afford the operator 10 working days after the
13date of the notice to request a hearing. Upon written request
14of the operator, the Department shall schedule a formal
15administrative hearing in compliance with Article 10 of the
16Illinois Administrative Procedure Act and the Department's
17rules of procedure in administrative hearings, except that
18formal discovery, such as production requests,
19interrogatories, requests to admit, and depositions shall not
20be allowed. The parties shall exchange documents and witness
21lists prior to hearing and may request third party subpoenas to
22be issued. The final determination by the Department of Labor
23shall be rendered within 5 working days after the conclusion of
24the hearing. Final determinations made under this Section are
25subject to the provisions of the Administrative Review Law. In
26determining the amount of a penalty, the Director may consider



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1the appropriateness of the penalty to the person or entity
2charged, upon determination of the gravity of the violation.
3The penalties, when finally determined, may be recovered in a
4civil action brought by the Director of Labor in any circuit
5court. In this litigation, the Director of Labor shall be
6represented 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
10county within unincorporated areas within its boundaries may
11inspect, license or regulate any amusement ride or amusement
12attraction operated at a carnival, amusement enterprise, or
13fair, provided that any safety standards or regulations
14implemented by a municipality or county in connection therewith
15shall be at least as stringent as those provided for in this
16Act and the rules and regulations adopted hereunder. Any
17municipality or county which inspects, licenses, or otherwise
18regulates amusement rides or amusement attractions may impose
19reasonable 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
24    (a) Beginning on January 1, 2008, no person, firm,



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1corporation, or other entity that owns or operates a carnival,
2amusement enterprise, or fair shall employ a carnival or
3amusement enterprise worker who (i) has been convicted of any
4offense set forth in Article 11 of the Criminal Code of 1961 or
5the Criminal Code of 2012, (ii) is a registered sex offender,
6as defined in the Sex Offender Registration Act, or (iii) has
7ever been convicted of any offense set forth in Article 9 of
8the Criminal Code of 1961 or the Criminal Code of 2012.
9    (b) A person, firm, corporation, or other entity that owns
10or operates a carnival, amusement enterprise, or fair must
11conduct a criminal history records check and perform a check of
12the National Sex Offender Public Registry for carnival or
13amusement enterprise workers at the time they are hired, and
14annually thereafter except if they are in the continued employ
15of the entity.
16    The criminal history records check performed under this
17subsection (b) shall be performed by the Illinois State Police,
18another State or federal law enforcement agency, or a business
19belonging to the National Association of Professional
20Background Check Screeners. Any criminal history checks
21performed by the Illinois State Police shall be pursuant to the
22Illinois Uniform Conviction Information Act.
23    Individuals who are under the age of 17 are exempt from the
24criminal history records check requirements set forth in this
25subsection (b).
26    (c) Any person, firm, corporation, or other entity that



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1owns or operates a carnival, amusement enterprise, or fair must
2have a substance abuse policy in place for its workers, which
3shall include random drug testing of carnival or amusement
4enterprise workers.
5    (d) Any person, firm, corporation, or other entity that
6owns or operates a carnival, amusement enterprise, or fair that
7violates the provisions of subsection (a) of this Section or
8fails to conduct a criminal history records check or a sex
9offender registry check for carnival or amusement enterprise
10workers in its employ, as required by subsection (b) of this
11Section, shall be assessed a civil penalty in an amount not to
12exceed $1,000 for a first offense, not to exceed $5,000 for a
13second offense, and not to exceed $15,000 for a third or
14subsequent offense. The collection of these penalties shall be
15enforced in a civil action brought by the Attorney General on
16behalf of the Department.
17    (e) A carnival, amusement enterprise, or fair owner is not
18responsible 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,
26corporation, or other entity that owns or operates a carnival,



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1amusement enterprise, or fair subject to the provisions of this
2Act shall make, preserve, and make available to the Department,
3upon its request, all records that are required by this Act,
4including but not limited to a written substance abuse policy,
5evidence of the required criminal history records check and sex
6offender registry check, and any other information the Director
7may deem necessary and appropriate for enforcement of this Act.
8    (g) A carnival, amusement enterprise, or fair owner shall
9not be liable to any employee in carrying out the requirements
10of this Section.
11(Source: P.A. 96-151, eff. 8-7-09; 97-1150, eff. 1-25-13.)".