Public Act 098-0769
 
SB3125 EnrolledLRB098 18405 MGM 53542 b

    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 2-1, 2-2, 2-3, 2-10, 2-15, 2-17,
and 2-20 as follows:
 
    (430 ILCS 85/2-1)  (from Ch. 111 1/2, par. 4051)
    Sec. 2-1. This Article shall be known and may be cited as
the "Amusement Ride and Attraction Safety Act" "Carnival and
Amusement Rides Safety Act".
(Source: P.A. 83-1240.)
 
    (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, or an amusement
enterprise, 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,
    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;
        (f) any bungee cord or similar elastic device; or
        (g) any inflatable attraction.
    5. "Carnival" or "amusement enterprise" 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,
amusement enterprise, or fair. "Operator" includes an agency of
the State or any of its political subdivisions.
    8. "Carnival worker" or "amusement enterprise worker"
means a person who is employed (and is therefore not a
volunteer) by a carnival, amusement enterprise, 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.
    10. "Inflatable attraction" means an amusement ride or
device designed for use that may include, but not be limited
to, bounce, climb, slide, or interactive play, which is made of
flexible fabric, is kept inflated by continuous air flow by one
or more blowers, and relies upon air pressure to maintain its
shape.
(Source: P.A. 98-541, eff. 8-23-13.)
 
    (430 ILCS 85/2-3)  (from Ch. 111 1/2, par. 4053)
    Sec. 2-3. There is hereby created the Amusement Ride and
Attraction Safety Board Carnival-Amusement Safety Board,
hereafter in this Act referred to as the "Board", to consist of
9 members. One member shall be the Director. Eight members
shall be appointed by the Governor with the advice and consent
of the Senate. The term of members shall be 4 years. Of the 8
appointed members of the Board, 2 shall be operators of
amusement rides, 1 shall be a registered professional engineer,
1 shall represent the insurance industry, and 4 shall represent
the general public. The Board shall advise the Department on
carnival, amusement enterprise, and amusement safety matters.
(Source: P.A. 97-737, eff. 7-3-12.)
 
    (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, amusement enterprise, 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, 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
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. 96-151, eff. 8-7-09.)
 
    (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, amusement enterprise,
    or fair without having obtained a permit from the
    Department or who violates any order or rule issued by the
    Department 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 10 working days after the
date of the notice to request a hearing. Upon written request
of the operator, the Department shall schedule a formal
administrative hearing in compliance with Article 10 of the
Illinois Administrative Procedure Act and the Department's
rules of procedure in administrative hearings, except that
formal discovery, such as production requests,
interrogatories, requests to admit, and depositions shall not
be allowed. The parties shall exchange documents and witness
lists prior to hearing and may request third party subpoenas to
be issued. The final determination by the Department of Labor
shall be rendered within 5 working days after the conclusion of
the hearing. Final determinations made under this Section are
subject to the provisions of the Administrative Review Law. 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.
The penalties, when finally determined, 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. 98-541, eff. 8-23-13; revised 11-15-13.)
 
    (430 ILCS 85/2-17)  (from Ch. 111 1/2, par. 4067)
    Sec. 2-17. A municipality within its corporate limits and a
county within unincorporated areas within its boundaries may
inspect, license or regulate any amusement ride or amusement
attraction operated at a carnival, amusement enterprise, or
fair, provided that any safety standards or regulations
implemented by a municipality or county in connection therewith
shall be at least as stringent as those provided for in this
Act and the rules and regulations adopted hereunder. Any
municipality or county which inspects, licenses, or otherwise
regulates amusement rides or amusement attractions may impose
reasonable fees to cover the costs thereof.
(Source: P.A. 83-1240.)
 
    (430 ILCS 85/2-20)
    Sec. 2-20. Employment of carnival and amusement enterprise
workers.
    (a) Beginning on January 1, 2008, no person, firm,
corporation, or other entity that owns or operates a carnival,
amusement enterprise, or fair shall employ a carnival or
amusement enterprise worker who (i) has been convicted of any
offense set forth in Article 11 of the Criminal Code of 1961 or
the Criminal Code of 2012, (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 or the Criminal Code of 2012.
    (b) A person, firm, corporation, or other entity that owns
or operates a carnival, amusement enterprise, or fair must
conduct a criminal history records check and perform a check of
the National Sex Offender Public Registry for carnival or
amusement enterprise workers at the time they are hired, and
annually thereafter except if they are in the continued employ
of the entity.
    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.
    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, amusement enterprise, or fair must
have a substance abuse policy in place for its workers, which
shall include random drug testing of carnival or amusement
enterprise workers.
    (d) Any person, firm, corporation, or other entity that
owns or operates a carnival, amusement enterprise, 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 or amusement enterprise
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, amusement enterprise, or fair owner is not
responsible for:
        (1) any personal information submitted by a carnival or
    amusement enterprise 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,
amusement enterprise, 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, amusement enterprise, or fair owner shall
not be liable to any employee in carrying out the requirements
of this Section.
(Source: P.A. 96-151, eff. 8-7-09; 97-1150, eff. 1-25-13.)