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Public Act 095-0397
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| HB0820 Enrolled |
LRB095 07618 RAS 27768 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Carnival and Amusement Rides Safety Act is |
amended by changing Sections 2-2 and 2-6 and by adding Section |
2-20 as follows:
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(430 ILCS 85/2-2) (from Ch. 111 1/2, par. 4052)
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Sec. 2-2. Definitions. As used in this Act, unless the |
context
otherwise requires:
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1. "Director" means the Director of Labor or his or her |
designee.
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2. "Department" means Department of Labor.
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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
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jurisdiction of a local building code.
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4. "Amusement ride" means:
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(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;
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(b) any ski lift, rope tow, or other device used to |
transport snow
skiers;
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(c) (blank);
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(d) any dry slide over 20 feet in height, alpine slide, |
or toboggan
slide;
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(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
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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
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(f) any bungee cord or similar elastic device.
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5. "Carnival" means an enterprise which offers amusement or |
entertainment
to the public by means of one or more amusement |
attractions or amusement rides.
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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.
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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 |
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amusement ride or
an amusement attraction at a carnival or |
fair. "Operator" includes an
agency of the State or any of its |
political subdivisions.
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8. "Carnival worker" means a person who is employed by a |
carnival to physically operate an amusement ride or amusement |
attraction when it is open to the public and who is not a |
volunteer.
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(Source: P.A. 94-801, eff. 5-25-06.)
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(430 ILCS 85/2-6) (from Ch. 111 1/2, par. 4056)
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Sec. 2-6. The Director, with the consent of the Board, |
shall promulgate and formulate definitions, rules
and |
regulations for the safe installation, repair, maintenance, |
use, operation, training standards for operators,
and |
inspection of all amusement rides and amusement attractions as |
the
Director finds necessary for the protection of
the general |
public using amusement rides and amusement attractions. The |
rules shall be
based upon generally accepted engineering |
standards and shall be concerned
with, but not necessarily |
limited to, engineering force stresses, safety
devices, and |
preventive maintenance. Whenever such standards are available
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in suitable form they may be incorporated by reference. The |
rules shall
provide for the reporting of accidents and injuries |
incurred from the operation
of amusement rides or amusement |
attractions.
In addition to the permit fee herein provided, the |
Director may promulgate
rules to establish a schedule of fees |
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for inspections.
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Before adopting, modifying or amending any rule consistent |
with and necessary
for the enforcement of this Act, the |
Director shall hold a
public hearing on the proposed rule, |
modification or amendment to a
rule. Any interested person may |
appear and be heard at the hearing, in person
or by agent or |
counsel. The Director shall give the news media notice of
each |
hearing at least 30 days in advance of the hearing date and |
shall make
available a copy of the proposed rule, or |
modification or amendment to a
rule to any person requesting |
same. The provisions of this Section are in
addition to all |
other existing requirements pertaining to the promulgation
of |
administrative rules and regulations.
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(Source: P.A. 94-801, eff. 5-25-06.)
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(430 ILCS 85/2-20 new) |
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 |
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. |
Any person, firm, corporation, or other entity that owns or |
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operates a carnival and knowingly violates the provisions of |
this subsection (a) shall be assessed a civil penalty in an |
amount not less than $1,000 and not more than $5,000 for a |
first offense, and not less than $5,000 and not more than |
$10,000 for a second or subsequent offense. |
(b) In the interest of compliance with the requirements of |
this Section, a person, firm, corporation, or other entity that |
owns or operates a carnival must conduct a criminal history |
records check for each carnival worker in its employ consistent |
with the Illinois Uniform Conviction Information Act and |
perform a check of the Sex Offender Registry maintained by the |
Department of State Police for each carnival worker in its |
employ. |
In the case of carnival workers who are hired on a |
temporary basis to work at a specific event, the carnival owner |
may work with local enforcement agencies in order to 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 must have a substance abuse policy |
in place for its workers, which shall include random drug |
testing of carnival workers.
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Section 99. Effective date. This Act takes effect upon |