Rep. Robert F Martwick

Filed: 5/2/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2184

2    AMENDMENT NO. ______. Amend Senate Bill 2184 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Finance Act is amended by adding
5Section 5.826 as follows:
 
6    (30 ILCS 105/5.826 new)
7    Sec. 5.826. The Amusement Ride and Patron Safety Fund.
 
8    Section 10. The Carnival and Amusement Rides Safety Act is
9amended by changing Sections 2-2, 2-6, 2-8, 2-12, 2-14, and
102-15 and by adding Sections 2-8.1, 2-15.2 and 2-15.3 as
11follows:
 
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:

 

 

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1    1. "Director" means the Director of Labor or his or her
2designee.
3    2. "Department" means Department of Labor.
4    3. "Amusement Attraction" means an enclosed building or
5structure, including electrical equipment which is an integral
6part of the building or structure, through which people walk
7without the aid of any moving device, that provides amusement,
8thrills or excitement at a fair or carnival, except any such
9enclosed building or structure which is subject to the
10jurisdiction of a local building code.
11    4. "Amusement ride" means:
12        (a) any mechanized device or combination of devices,
13    including electrical equipment which is an integral part of
14    the device or devices, which carries passengers along,
15    around, or over a fixed or restricted course for the
16    primary purpose of giving its passengers amusement,
17    pleasure, thrills, or excitement;
18        (b) any ski lift, rope tow, or other device used to
19    transport snow skiers;
20        (c) (blank);
21        (d) any dry slide over 20 feet in height, alpine slide,
22    or toboggan slide;
23        (e) any tram, open car, or combination of open cars or
24    wagons pulled by a tractor or other motorized device which
25    is not licensed by the Secretary of State, which may, but
26    does not necessarily follow a fixed or restricted course,

 

 

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1    and is used primarily for the purpose of giving its
2    passengers amusement, pleasure, thrills or excitement, and
3    for which an individual fee is charged or a donation
4    accepted with the exception of hayrack rides; or
5        (f) any bungee cord or similar elastic device; or .
6        (g) any inflatable attraction.
7    5. "Carnival" means an enterprise which offers amusement or
8entertainment to the public by means of one or more amusement
9attractions or amusement 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
13operated.
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 or
17fair. "Operator" includes an agency of the State or any of its
18political subdivisions.
19    8. "Carnival worker" means a person who is employed (and is
20therefore not a volunteer) by a carnival or fair to manage,
21physically operate, or assist in the operation of an amusement
22ride or amusement attraction when it is open to the public.
23    9. "Volunteer" means a person who operates or assists in
24the operation of an amusement ride or amusement attraction for
25an owner or operator without pay or lodging. An individual
26shall not be considered a volunteer if the individual is

 

 

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1otherwise employed by the same owner or operator to perform the
2same type of service as those for which the individual proposes
3to volunteer.
4    10. "Inflatable attraction" means an amusement ride or
5device designed for use that may include, but not be limited
6to, bounce, climb, slide, or interactive play, which is made of
7flexible fabric, is kept inflated by continuous air flow by one
8or more blowers, and relies upon air pressure to maintain its
9shape.
10(Source: P.A. 95-397, eff. 8-24-07; 95-687, eff. 10-23-07;
1196-151, eff. 8-7-09.)
 
12    (430 ILCS 85/2-6)  (from Ch. 111 1/2, par. 4056)
13    Sec. 2-6. (a) The Director, after consultation with the
14consent of the Board at a meeting of the Board, shall
15promulgate and formulate definitions, rules and regulations
16for the safe installation, repair, maintenance, use,
17operation, training standards for operators, and inspection of
18all amusement rides and amusement attractions as the Director
19finds necessary for the protection of the general public using
20amusement rides and amusement attractions. These rules and
21standards shall be adopted pursuant to the procedures set forth
22in the Illinois Administrative Procedure Act. The rules shall
23be based upon generally accepted engineering standards and
24shall be concerned with, but not necessarily limited to,
25engineering force stresses, safety devices, and preventive

 

 

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1maintenance. Whenever such standards are available in suitable
2form they may be incorporated by reference. The rules shall
3provide for the reporting of accidents and injuries incurred
4from the operation of amusement rides or amusement attractions.
5In addition to the permit fee herein provided, the Director may
6promulgate rules to establish a schedule of fees for
7inspections.
8    (b) After consultation with the Board, the Director is
9authorized to adopt by reference, in whole or in part, any
10code, standard, or bulletin issued by a nationally or
11internationally recognized organization, such as the Consumer
12Product Safety Commission or ASTM International, after a
13finding that the adoption of the code, standard, or bulletin
14would promote the purposes of this Act.
15    Before adopting, modifying or amending any rule consistent
16with and necessary for the enforcement of this Act, the
17Director shall hold a public hearing on the proposed rule,
18modification or amendment to a rule. Any interested person may
19appear and be heard at the hearing, in person or by agent or
20counsel. The Director shall give the news media notice of each
21hearing at least 30 days in advance of the hearing date and
22shall make available a copy of the proposed rule, or
23modification or amendment to a rule to any person requesting
24same. The provisions of this Section are in addition to all
25other existing requirements pertaining to the promulgation of
26administrative rules and regulations.

 

 

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1(Source: P.A. 94-801, eff. 5-25-06; 95-397, eff. 8-24-07.)
 
2    (430 ILCS 85/2-8)  (from Ch. 111 1/2, par. 4058)
3    Sec. 2-8. The Director, after consultation with and the
4consent of the Board, shall determine a schedule of permit fees
5for each amusement ride or amusement attraction.
6(Source: P.A. 94-801, eff. 5-25-06.)
 
7    (430 ILCS 85/2-8.1 new)
8    Sec. 2-8.1. Suspension and revocation of permit to operate.
9    (a) The Department shall have the power to suspend or
10revoke an owner's permit for any good cause under the meaning
11and purpose of this Act. If a person whose permit has been
12suspended or revoked, or whose application for a permit has
13been denied, believes that the violation or condition
14justifying suspension, revocation, or denial of the permit does
15not exist, the person may apply to the Department for
16reconsideration through a hearing within 10 working days after
17the Department's action. A hearing shall be scheduled, unless
18otherwise mutually agreed by the parties, within 48 hours after
19the request for hearing.
20    (b) Service of notice of a hearing shall be made by
21personal service or certified mail to the address shown on the
22application for permit, or to any other address on file with
23the Department and reasonably believed to be the current
24address of the permit holder.

 

 

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1    (c) The written notice of a hearing shall specify the time,
2date, and location of the hearing and the reasons for the
3action proposed by the Department.
4    (d) At the hearing, the Department shall have the burden of
5establishing good cause for its action. Good cause exists if
6the Department establishes that the permit holder has failed to
7comply with the requirements of a permit under this Act and its
8rules.
9    (e) All hearings held under this Section shall comply with
10Article 10 of the Administrative Procedure Act and the
11Department's rules of procedure in administrative hearings,
12except that formal discovery, such as production requests,
13interrogatories, requests to admit, and depositions shall not
14be allowed. The parties shall exchange documents and witness
15lists prior to hearing and may request third party subpoenas to
16be issued.
17    (f) The final determination by the Department of Labor
18shall be rendered within 5 working days after the conclusion of
19the hearing.
20    (g) Final determinations made under this Section are
21subject to the Administrative Review Law.
 
22    (430 ILCS 85/2-12)  (from Ch. 111 1/2, par. 4062)
23    Sec. 2-12. Order for cessation of operation of amusement
24ride or attraction.
25    (a) The Director or an inspector hired by the Department of

 

 

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1Labor may order, in writing, a temporary and immediate
2cessation of operation of any amusement ride or amusement
3attraction if it:
4        (1) has been determined after inspection to be
5    hazardous or unsafe;
6        (2) is in operation before the Director has issued a
7    permit to operate such equipment; or
8        (3) the owner or operator is not in compliance with the
9    insurance requirements contained in Section 2-14 of this
10    Act and any rules or regulations adopted hereunder.
11    (b) Operation of the amusement ride or amusement attraction
12shall not resume until:
13        (1) the unsafe or hazardous condition is corrected to
14    the satisfaction of the Director or such inspector;
15        (2) the Director has issued a permit to operate such
16    equipment; or
17        (3) the owner or operator is in compliance with the
18    insurance requirements contained in Section 2-14 of this
19    Act and any rules or regulations adopted hereunder,
20    respectively.
21    (c) The Department shall notify the owner or operator in
22writing of the grounds for the cessation of operation of the
23amusement ride or attraction and of the conditions in need of
24correction at the time the order for cessation is issued.
25    (d) The owner or operator may appeal an order of cessation
26by filing a request for a hearing. The Department shall afford

 

 

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1the owner or operator 10 working days after the date of the
2notice to request a hearing. Upon written request for hearing,
3the Department shall schedule a formal administrative hearing
4in compliance with Article 10 of the Administrative Procedure
5Act and pursuant to the provisions of the Department's rules of
6procedure in administrative hearings, except that formal
7discovery, such as production requests, interrogatories,
8requests to admit, and depositions will not be allowed. The
9parties shall exchange documents and witness lists prior to
10hearing and may request third party subpoenas to be issued.
11    (e) The final determination by the Department of Labor
12shall be rendered within 5 working days after the conclusion of
13the hearing.
14    (f) The provisions of the Administrative Review Law shall
15apply to and govern all proceedings for the judicial review of
16a final determination under this Section.
17(Source: P.A. 94-801, eff. 5-25-06.)
 
18    (430 ILCS 85/2-14)  (from Ch. 111 1/2, par. 4064)
19    Sec. 2-14. No (1) Except as provided in subsection (2) of
20this Section no person shall operate an amusement ride or
21attraction unless there is in force: (a) a liability insurance
22policy or policies in an aggregate amount of not less than
23$1,000,000 $100,000 for bodily injury to or death of one or
24more persons, damage to or destruction of property of others,
25or a combination thereof person in any one accident, and,

 

 

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1subject to the per occurrence limit for one person, in an
2aggregate amount of not less than $2,000,000 $1,000,000 for
3bodily injury to or death of two or more persons, or damage to
4or destruction of property of others, in any one policy period,
5accident, and in an amount of not less than $50,000 for injury
6to or destruction of property of others in any one accident,
7insuring the operator against liability for injury, or death,
8or property damage suffered by a person attending a fair or
9carnival; or (b) a bond in like amount, the aggregate liability
10of the surety of which shall not exceed the face amount
11thereof; or (c) a deposit with the Illinois Department of Labor
12of cash or other security acceptable to the Director.
13    (2) With respect to the operation of an amusement ride or
14attraction under this Act for a carnival located at a permanent
15site which has 5 or fewer amusement rides, none of which
16operates at a height exceeding 8 feet, the insurance policy,
17bond, or cash or security deposit amount required for bodily
18injury to or death of 2 or more persons in any one accident
19shall be not less than $500,000.
20(Source: P.A. 94-801, eff. 5-25-06.)
 
21    (430 ILCS 85/2-15)  (from Ch. 111 1/2, par. 4065)
22    Sec. 2-15. Penalties.
23    (a) Criminal penalties.
24        1. Any person who operates an amusement ride or
25    amusement attraction at a carnival or fair without having

 

 

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1    obtained a permit from the Department Director or who
2    violates any order or rule issued by the Department
3    Director under this Act is guilty of a Class A misdemeanor.
4    Each day shall constitute a separate and distinct offense.
5        2. Any person who interferes with, impedes, or
6    obstructs in any manner the Director or any authorized
7    representative of the Department in the performance of
8    their duties under this Act is guilty of a Class A
9    misdemeanor.
10    (b) Civil penalties. Unless otherwise provided in this Act,
11any person who operates an amusement ride or amusement
12attraction without having obtained a permit from the Department
13in violation of this Act is subject to a civil penalty not to
14exceed $2,500 per violation for a first violation and not to
15exceed $5,000 for a second or subsequent violation.
16    Prior to any determination, or the imposition of any civil
17penalty, under this subsection (b), the Department shall notify
18the operator in writing of the alleged violation. The
19Department shall afford the operator 10 working 15 days after
20from the date of the notice to request a hearing present any
21written information that the operator wishes the Department to
22consider in connection with its determination in the matter.
23Upon written request of the operator, the Department shall
24schedule a formal administrative hearing in compliance with
25Article 10 of the Administrative Procedure Act and the
26Department's rules of procedure in administrative hearings,

 

 

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1except that formal discovery, such as production requests,
2interrogatories, requests to admit, and depositions shall not
3be allowed. The parties shall exchange documents and witness
4lists prior to hearing and may request third party subpoenas to
5be issued. The final determination by the Department of Labor
6shall be rendered within 5 working days after the conclusion of
7the hearing. Final determinations made under this Section are
8subject to the provisions of the Administrative Review Law
9convene an informal fact-finding conference, provided such
10request is received by the Department within 15 days of the
11date of the notice of the alleged violation. In determining the
12amount of a penalty, the Director may consider the
13appropriateness of the penalty to the person or entity charged,
14upon determination of the gravity of the violation. The
15penalties, when finally determined, Penalties may be recovered
16in a civil action brought by the Director of Labor in any
17circuit court. In this litigation, the Director of Labor shall
18be represented by the Attorney General.
19(Source: P.A. 96-151, eff. 8-7-09.)
 
20    (430 ILCS 85/2-15.2 new)
21    Sec. 2-15.2. Injunction to compel compliance.
22    (a) The Department shall have the power to bring injunctive
23proceedings in any court of competent jurisdiction to compel
24compliance with any order made by the Department under this
25Act.

 

 

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1    (b) The Department shall also have the power to bring
2temporary and immediate injunctive relief in any court of
3competent jurisdiction when necessary for the protection of the
4health and safety of the general public using amusement rides
5and amusement attractions.
 
6    (430 ILCS 85/2-15.3 new)
7    Sec. 2-15.3. Amusement Ride and Patron Safety Fund. All
8moneys received by the Department as fees and penalties under
9this Act shall be deposited into the Amusement Ride and Patron
10Safety Fund and shall be used by the Department, subject to
11appropriation by the General Assembly, in addition to any
12General Revenue Funds, for administration, investigation, and
13other expenses incurred in carrying out its powers and duties
14under this Act. The Department shall hire as many inspectors
15and other personnel as may be necessary to carry out the
16purposes of this Act. Any moneys in the Fund at the end of a
17fiscal year in excess of those moneys necessary for the
18Department to carry out its powers and duties under this Act
19shall be available to the Department for the next fiscal year
20for any of the Department's duties and may be transferred from
21the Amusement Ride and Patron Safety Fund to the various
22accounts available to the Department, as needed.
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".