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Rep. Robert F Martwick
Filed: 5/2/2013
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1 | | AMENDMENT TO SENATE BILL 2184
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2 | | AMENDMENT NO. ______. Amend Senate Bill 2184 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The State Finance Act is amended by adding |
5 | | Section 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 |
9 | | amended by changing Sections 2-2, 2-6, 2-8, 2-12, 2-14, and |
10 | | 2-15 and by adding Sections 2-8.1, 2-15.2 and 2-15.3 as |
11 | | follows:
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12 | | (430 ILCS 85/2-2) (from Ch. 111 1/2, par. 4052)
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13 | | Sec. 2-2. Definitions. As used in this Act, unless the |
14 | | context
otherwise requires:
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1 | | 1. "Director" means the Director of Labor or his or her |
2 | | designee.
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3 | | 2. "Department" means Department of Labor.
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4 | | 3. "Amusement Attraction" means an enclosed building or |
5 | | structure,
including electrical equipment which is an integral |
6 | | part of the building or
structure, through which people walk |
7 | | without the aid of any moving device,
that provides amusement, |
8 | | thrills or excitement at a fair or carnival,
except any such |
9 | | enclosed building or structure which is subject to the
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10 | | jurisdiction of a local building code.
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11 | | 4. "Amusement ride" means:
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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,
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15 | | around, or over a fixed or restricted course for the |
16 | | primary purpose of
giving its passengers amusement, |
17 | | pleasure, thrills, or excitement;
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18 | | (b) any ski lift, rope tow, or other device used to |
19 | | transport snow
skiers;
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20 | | (c) (blank);
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21 | | (d) any dry slide over 20 feet in height, alpine slide, |
22 | | or toboggan
slide;
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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
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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
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5 | | (f) any bungee cord or similar elastic device ; or . |
6 | | (g) any inflatable attraction.
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7 | | 5. "Carnival" means an enterprise which offers amusement or |
8 | | entertainment
to the public by means of one or more amusement |
9 | | attractions or amusement rides.
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10 | | 6. "Fair" means an enterprise principally devoted to the |
11 | | exhibition of
products of agriculture or industry in connection |
12 | | with which
amusement rides or amusement attractions are |
13 | | operated.
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14 | | 7. "Operator" means a person, or the agent of a person, who |
15 | | owns or
controls or has the duty to control the operation of an |
16 | | amusement ride or
an amusement attraction at a carnival or |
17 | | fair. "Operator" includes an
agency of the State or any of its |
18 | | political subdivisions.
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19 | | 8. "Carnival worker" means a person who is employed (and is |
20 | | therefore not a volunteer) by a carnival or fair to manage, |
21 | | physically operate, or assist in the operation of an amusement |
22 | | ride or amusement attraction when it is open to the public.
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23 | | 9. "Volunteer" means a person who operates or assists in |
24 | | the operation of an amusement ride or amusement attraction for |
25 | | an owner or operator without pay or lodging. An individual |
26 | | shall not be considered a volunteer if the individual is |
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1 | | otherwise employed by the same owner or operator to perform the |
2 | | same type of service as those for which the individual proposes |
3 | | to volunteer. |
4 | | 10. "Inflatable attraction" means an amusement ride or |
5 | | device designed for use that may include, but not be limited |
6 | | to, bounce, climb, slide, or interactive play, which is made of |
7 | | flexible fabric, is kept inflated by continuous air flow by one |
8 | | or more blowers, and relies upon air pressure to maintain its |
9 | | shape. |
10 | | (Source: P.A. 95-397, eff. 8-24-07; 95-687, eff. 10-23-07; |
11 | | 96-151, eff. 8-7-09.)
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12 | | (430 ILCS 85/2-6) (from Ch. 111 1/2, par. 4056)
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13 | | Sec. 2-6. (a) The Director, after consultation with the |
14 | | consent of the Board at a meeting of the Board , shall |
15 | | promulgate and formulate definitions, rules
and regulations |
16 | | for the safe installation, repair, maintenance, use, |
17 | | operation, training standards for operators,
and inspection of |
18 | | all amusement rides and amusement attractions as the
Director |
19 | | finds necessary for the protection of
the general public using |
20 | | amusement rides and amusement attractions. These rules and |
21 | | standards shall be adopted pursuant to the procedures set forth |
22 | | in the Illinois Administrative Procedure Act. The rules shall |
23 | | be
based upon generally accepted engineering standards and |
24 | | shall be concerned
with, but not necessarily limited to, |
25 | | engineering force stresses, safety
devices, and preventive |
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1 | | maintenance. Whenever such standards are available
in suitable |
2 | | form they may be incorporated by reference. The rules shall
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3 | | provide for the reporting of accidents and injuries incurred |
4 | | from the operation
of amusement rides or amusement attractions.
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5 | | In addition to the permit fee herein provided, the Director may |
6 | | promulgate
rules to establish a schedule of fees for |
7 | | inspections.
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8 | | (b) After consultation with the Board, the Director is |
9 | | authorized to adopt by reference, in whole or in part, any |
10 | | code, standard, or bulletin issued by a nationally or |
11 | | internationally recognized organization, such as the Consumer |
12 | | Product Safety Commission or ASTM International, after a |
13 | | finding that the adoption of the code, standard, or bulletin |
14 | | would promote the purposes of this Act. |
15 | | Before adopting, modifying or amending any rule consistent |
16 | | with and necessary
for the enforcement of this Act, the |
17 | | Director shall hold a
public hearing on the proposed rule, |
18 | | modification or amendment to a
rule. Any interested person may |
19 | | appear and be heard at the hearing, in person
or by agent or |
20 | | counsel. The Director shall give the news media notice of
each |
21 | | hearing at least 30 days in advance of the hearing date and |
22 | | shall make
available a copy of the proposed rule, or |
23 | | modification or amendment to a
rule to any person requesting |
24 | | same. The provisions of this Section are in
addition to all |
25 | | other existing requirements pertaining to the promulgation
of |
26 | | administrative rules and regulations.
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1 | | (Source: P.A. 94-801, eff. 5-25-06; 95-397, eff. 8-24-07.)
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2 | | (430 ILCS 85/2-8) (from Ch. 111 1/2, par. 4058)
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3 | | Sec. 2-8. The Director, after consultation with and the |
4 | | consent of the Board, shall determine a schedule of permit fees |
5 | | for each
amusement ride or amusement attraction.
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6 | | (Source: P.A. 94-801, eff. 5-25-06.)
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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 |
10 | | revoke an owner's permit for any good cause under the meaning |
11 | | and purpose of this Act. If a person whose permit has been |
12 | | suspended or revoked, or whose application for a permit has |
13 | | been denied, believes that the violation or condition |
14 | | justifying suspension, revocation, or denial of the permit does |
15 | | not exist, the person may apply to the Department for |
16 | | reconsideration through a hearing within 10 working days after |
17 | | the Department's action. A hearing shall be scheduled, unless |
18 | | otherwise mutually agreed by the parties, within 48 hours after |
19 | | the request for hearing. |
20 | | (b) Service of notice of a hearing shall be made by |
21 | | personal service or certified mail to the address shown on the |
22 | | application for permit, or to any other address on file with |
23 | | the Department and reasonably believed to be the current |
24 | | address of the permit holder. |
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1 | | (c) The written notice of a hearing shall specify the time, |
2 | | date, and location of the hearing and the reasons for the |
3 | | action proposed by the Department. |
4 | | (d) At the hearing, the Department shall have the burden of |
5 | | establishing good cause for its action. Good cause exists if |
6 | | the Department establishes that the permit holder has failed to |
7 | | comply with the requirements of a permit under this Act and its |
8 | | rules. |
9 | | (e) All hearings held under this Section shall comply with |
10 | | Article 10 of the Administrative Procedure Act and the |
11 | | Department's rules of procedure in administrative hearings, |
12 | | except that formal discovery, such as production requests, |
13 | | interrogatories, requests to admit, and depositions shall not |
14 | | be allowed. The parties shall exchange documents and witness |
15 | | lists prior to hearing and may request third party subpoenas to |
16 | | be issued. |
17 | | (f) The final determination by the Department of Labor |
18 | | shall be rendered within 5 working days after the conclusion of |
19 | | the hearing. |
20 | | (g) Final determinations made under this Section are |
21 | | subject to the Administrative Review Law.
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22 | | (430 ILCS 85/2-12) (from Ch. 111 1/2, par. 4062)
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23 | | Sec. 2-12. Order for cessation of operation of amusement |
24 | | ride or
attraction.
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25 | | (a) The Director or an inspector hired by the Department of |
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1 | | Labor
may order, in writing, a temporary and immediate |
2 | | cessation of operation of
any amusement ride or amusement |
3 | | attraction if it:
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4 | | (1) has been determined
after
inspection to be |
5 | | hazardous or unsafe;
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6 | | (2) is in operation before the Director
has issued a |
7 | | permit to operate such equipment; or
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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.
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11 | | (b) Operation of the
amusement ride or
amusement attraction |
12 | | shall not resume until:
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13 | | (1) the unsafe or hazardous
condition is corrected to |
14 | | the satisfaction of the Director or such inspector;
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15 | | (2) the Director has issued a permit to operate such |
16 | | equipment; or
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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 |
22 | | writing of the grounds for the cessation of operation of the |
23 | | amusement ride or attraction and of the conditions in need of |
24 | | correction at the time the order for cessation is issued. |
25 | | (d) The owner or operator may appeal an order of cessation |
26 | | by filing a request for a hearing. The Department shall afford |
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1 | | the owner or operator 10 working days after the date of the |
2 | | notice to request a hearing. Upon written request for hearing, |
3 | | the Department shall schedule a formal administrative hearing |
4 | | in compliance with Article 10 of the Administrative Procedure |
5 | | Act and pursuant to the provisions of the Department's rules of |
6 | | procedure in administrative hearings, except that formal |
7 | | discovery, such as production requests, interrogatories, |
8 | | requests to admit, and depositions will not be allowed. The |
9 | | parties shall exchange documents and witness lists prior to |
10 | | hearing and may request third party subpoenas to be issued. |
11 | | (e) The final determination by the Department of Labor |
12 | | shall be rendered within 5 working days after the conclusion of |
13 | | the hearing. |
14 | | (f) The provisions of the Administrative Review Law shall |
15 | | apply to and govern all proceedings for the judicial review of |
16 | | a final determination under this Section.
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17 | | (Source: P.A. 94-801, eff. 5-25-06.)
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18 | | (430 ILCS 85/2-14) (from Ch. 111 1/2, par. 4064)
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19 | | Sec. 2-14. No (1) Except as provided in subsection (2) of |
20 | | this
Section no person shall operate an amusement ride or |
21 | | attraction unless
there is in force : (a) a liability insurance |
22 | | policy
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 |
24 | | more persons, damage to or destruction of property of others, |
25 | | or a combination thereof person in any one accident , and, |
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1 | | subject to the per occurrence
limit for one person , in an |
2 | | aggregate amount of not less than $2,000,000 $1,000,000 for |
3 | | bodily
injury to or death of two or more persons , or damage to |
4 | | or destruction of property of others, in any one policy period, |
5 | | accident, and in an
amount of not less than $50,000 for injury |
6 | | to or destruction of property
of others in any one accident, |
7 | | insuring the operator against liability for
injury , or death , |
8 | | or property damage suffered by a person attending a fair or |
9 | | carnival; or (b) a
bond in like amount, the aggregate liability |
10 | | of the surety of which shall
not exceed the face amount |
11 | | thereof; or (c) a deposit with the Illinois Department of Labor |
12 | | of cash
or other security acceptable to the Director .
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13 | | (2) With respect to the operation of an amusement ride or |
14 | | attraction
under this Act for a
carnival located at a permanent |
15 | | site which has 5 or fewer amusement rides,
none of which |
16 | | operates at a height exceeding 8 feet, the insurance policy,
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17 | | bond, or cash or security deposit amount required for bodily |
18 | | injury to or
death of 2 or more persons in any one accident |
19 | | shall be not less than $500,000.
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20 | | (Source: P.A. 94-801, eff. 5-25-06.)
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21 | | (430 ILCS 85/2-15) (from Ch. 111 1/2, par. 4065)
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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
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3 | | Director under this Act is guilty of a Class A misdemeanor. |
4 | | Each
day shall constitute a separate and distinct offense.
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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.
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10 | | (b) Civil penalties. Unless otherwise provided in this Act, |
11 | | any person who operates an amusement ride or amusement |
12 | | attraction without having obtained a permit from the Department |
13 | | in violation of this Act is subject to a civil penalty not to |
14 | | exceed $2,500 per violation for a first violation and not to |
15 | | exceed $5,000 for a second or subsequent violation. |
16 | | Prior to any determination, or the imposition of any civil |
17 | | penalty, under this subsection (b), the Department shall notify |
18 | | the operator in writing of the alleged violation. The |
19 | | Department shall afford the operator 10 working 15 days after |
20 | | from the date of the notice to request a hearing present any |
21 | | written information that the operator wishes the Department to |
22 | | consider in connection with its determination in the matter . |
23 | | Upon written request of the operator, the Department shall |
24 | | schedule a formal administrative hearing in compliance with |
25 | | Article 10 of the Administrative Procedure Act and the |
26 | | Department's rules of procedure in administrative hearings, |
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1 | | except that formal discovery, such as production requests, |
2 | | interrogatories, requests to admit, and depositions shall not |
3 | | be allowed. The parties shall exchange documents and witness |
4 | | lists prior to hearing and may request third party subpoenas to |
5 | | be issued. The final determination by the Department of Labor |
6 | | shall be rendered within 5 working days after the conclusion of |
7 | | the hearing. Final determinations made under this Section are |
8 | | subject to the provisions of the Administrative Review Law |
9 | | convene an informal fact-finding conference, provided such |
10 | | request is received by the Department within 15 days of the |
11 | | date of the notice of the alleged violation . In determining the |
12 | | amount of a penalty, the Director may consider the |
13 | | appropriateness of the penalty to the person or entity charged, |
14 | | upon determination of the gravity of the violation. The |
15 | | penalties, when finally determined, Penalties may be recovered |
16 | | in a civil action brought by the Director of Labor in any |
17 | | circuit court. In this litigation, the Director of Labor shall |
18 | | be represented by the Attorney General. |
19 | | (Source: P.A. 96-151, eff. 8-7-09.)
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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 |
23 | | proceedings in any court of competent jurisdiction to compel |
24 | | compliance with any order made by the Department under this |
25 | | Act. |
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1 | | (b) The Department shall also have the power to bring |
2 | | temporary and immediate injunctive relief in any court of |
3 | | competent jurisdiction when necessary for the protection of the |
4 | | health and safety of the general public using amusement rides |
5 | | and amusement attractions. |
6 | | (430 ILCS 85/2-15.3 new) |
7 | | Sec. 2-15.3. Amusement Ride and Patron Safety Fund. All |
8 | | moneys received by the Department as fees and penalties under |
9 | | this Act shall be deposited into the Amusement Ride and Patron |
10 | | Safety Fund and shall be used by the Department, subject to |
11 | | appropriation by the General Assembly, in addition to any |
12 | | General Revenue Funds, for administration, investigation, and |
13 | | other expenses incurred in carrying out its powers and duties |
14 | | under this Act. The Department shall hire as many inspectors |
15 | | and other personnel as may be necessary to carry out the |
16 | | purposes of this Act. Any moneys in the Fund at the end of a |
17 | | fiscal year in excess of those moneys necessary for the |
18 | | Department to carry out its powers and duties under this Act |
19 | | shall be available to the Department for the next fiscal year |
20 | | for any of the Department's duties and may be transferred from |
21 | | the Amusement Ride and Patron Safety Fund to the various |
22 | | accounts available to the Department, as needed.
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23 | | Section 99. Effective date. This Act takes effect upon |
24 | | becoming law.".
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