Public Act 096-0151
 
SB1408 Enrolled LRB096 08842 KTG 18976 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 2-2, 2-10, 2-15, 2-16, 2-19, and
2-20 and by adding Section 2-21 as follows:
 
    (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, 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; or
        (f) any bungee cord or similar elastic device.
    5. "Carnival" 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 or
fair. "Operator" includes an agency of the State or any of its
political subdivisions.
    8. "Carnival worker" means a person who is employed (and is
therefore not a volunteer) by a carnival 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.
(Source: P.A. 94-801, eff. 5-25-06; 95-397, eff. 8-24-07;
95-687, eff. 10-23-07.)
 
    (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 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, On or before the
first of May of each year, 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 on or before May 1 of each year 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. 92-26, eff. 1-1-02.)
 
    (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 or fair without having
    obtained a permit from the Director or who violates any
    order or rule issued by the Director 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 15 days from the date of
the notice to present any written information that the operator
wishes the Department to consider in connection with its
determination in the matter. Upon written request of the
operator, the Department shall convene an informal
fact-finding conference, provided such request is received by
the Department within 15 days of the date of the notice of the
alleged violation. 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. Penalties 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. 94-801, eff. 5-25-06.)
 
    (430 ILCS 85/2-16)  (from Ch. 111 1/2, par. 4066)
    Sec. 2-16. Exemptions. The following amusement rides or
amusement attractions are exempt from the provisions of this
Act:
    Any amusement ride or amusement attraction which is owned
or operated by a non-profit religious, educational or
charitable institution or association if such amusement ride or
amusement attraction is located within a building subject to
inspection by the state fire marshal or by any political
subdivisions of the State under its building, fire, electrical,
and related public safety ordinances, and the amusement ride or
amusement attraction itself is subject to inspection by a
political subdivision of the State in accordance with Section
2-17.
(Source: P.A. 83-1240.)
 
    (430 ILCS 85/2-19)  (from Ch. 111 1/2, par. 4069)
    Sec. 2-19. The owner or operator of an amusement ride or
amusement attraction may remove from or deny entry to a person
to an amusement ride or amusement attraction if, in the owner's
or operator's opinion, the entry or conduct may jeopardize the
safety of such person or the safety of any other person.
Nothing in this Section will permit an owner or operator to
deny an inspector access to an amusement ride or amusement
attraction when such inspector is acting within the scope of
his duties under this Act.
(Source: P.A. 83-1240.)
 
    (430 ILCS 85/2-20)
    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
or fair 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.
    (b) A person, firm, corporation, or other entity that owns
or operates a carnival or fair must conduct a criminal history
records check and perform a check of the National Sex Offender
Public Registry for carnival workers at the time they are
hired, and annually thereafter except if they are in the
continued employ of the entity consistent with the Illinois
Uniform Conviction Information Act and perform a check of the
Sex Offender Registry.
    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.
    In the case of carnival workers who are hired on a
temporary basis to work at a specific event, the carnival or
fair owner may work with local enforcement agencies in order
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 or fair must have a substance abuse
policy in place for its workers, which shall include random
drug testing of carnival workers.
    (d) Any person, firm, corporation, or other entity that
owns or operates a carnival 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 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 or fair owner is not responsible for:
        (1) any personal information submitted by a carnival
    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
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 or fair owner shall not be liable to any
employee in carrying out the requirements of this Section.
(Source: P.A. 95-397, eff. 8-24-07; 95-687, eff. 10-23-07.)
 
    (430 ILCS 85/2-21 new)
    Sec. 2-21. Volunteers. Criminal background checks of
volunteers, who manage, physically operate, or assist in the
operation of an amusement ride or amusement attraction when it
is open to the public, shall be left to the discretion of local
law enforcement which has jurisdictional authority in the
community in which the event is being held. Volunteers shall be
required to comply with any training and age requirements as
prescribed by rule.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.