Full Text of SB2184 98th General Assembly
SB2184sam001 98TH GENERAL ASSEMBLY | Sen. John G. Mulroe Filed: 4/10/2013
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| 1 | | AMENDMENT TO SENATE BILL 2184
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2184 by replacing | 3 | | everything after the enacting clause with the following:
| 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 Carnival 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:
| 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 | 14 | | context
otherwise requires:
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| 1 | | 1. "Director" means the Director of Labor or his or her | 2 | | designee.
| 3 | | 2. "Department" means Department of Labor.
| 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
| 10 | | jurisdiction 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.
| 6 | | 5. "Carnival" means an enterprise which offers amusement or | 7 | | entertainment
to the public by means of one or more amusement | 8 | | attractions or amusement rides.
| 9 | | 6. "Fair" means an enterprise principally devoted to the | 10 | | exhibition of
products of agriculture or industry in connection | 11 | | with which
amusement rides or amusement attractions are | 12 | | operated.
| 13 | | 7. "Operator" means a person, or the agent of a person, who | 14 | | owns or
controls or has the duty to control the operation of an | 15 | | amusement ride or
an amusement attraction at a carnival or | 16 | | fair. "Operator" includes an
agency of the State or any of its | 17 | | political subdivisions.
| 18 | | 8. "Carnival worker" means a person who is employed (and is | 19 | | therefore not a volunteer) by a carnival or fair to manage, | 20 | | physically operate, or assist in the operation of an amusement | 21 | | ride or amusement attraction when it is open to the public.
| 22 | | 9. "Volunteer" means a person who operates or assists in | 23 | | the operation of an amusement ride or amusement attraction for | 24 | | an owner or operator without pay or lodging. An individual | 25 | | shall not be considered a volunteer if the individual is | 26 | | otherwise employed by the same owner or operator to perform the |
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| 1 | | same type of service as those for which the individual proposes | 2 | | to volunteer. | 3 | | 10. "Inflatable attraction" means an amusement ride or | 4 | | attraction that is made of flexible fabric, is kept inflated by | 5 | | continuous air flow by one or more blowers, relies upon air | 6 | | pressure to maintain their shape, and consists of an air-filled | 7 | | structure designed for uses specified by the manufacturer, that | 8 | | may include, but are not limited to, bouncing, climb, sliding, | 9 | | or other interactive playing. | 10 | | (Source: P.A. 95-397, eff. 8-24-07; 95-687, eff. 10-23-07; | 11 | | 96-151, 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 | 14 | | consent of the Board, shall promulgate and formulate | 15 | | definitions, rules
and regulations for the safe installation, | 16 | | repair, maintenance, use, operation, training standards for | 17 | | operators,
and inspection of all amusement rides and amusement | 18 | | attractions as the
Director finds necessary for the protection | 19 | | of
the general public using amusement rides and amusement | 20 | | attractions. These rules and standards shall be adopted | 21 | | pursuant to the procedures set forth in the Illinois | 22 | | Administrative Procedure Act. The rules shall be
based upon | 23 | | generally accepted engineering standards and shall be | 24 | | concerned
with, but not necessarily limited to, engineering | 25 | | force stresses, safety
devices, and preventive maintenance. |
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| 1 | | Whenever such standards are available
in suitable form they may | 2 | | be incorporated by reference. The rules shall
provide for the | 3 | | reporting of accidents and injuries incurred from the operation
| 4 | | of amusement rides or amusement attractions.
In addition to the | 5 | | permit fee herein provided, the Director may promulgate
rules | 6 | | to establish a schedule of fees for inspections.
| 7 | | (b) After consultation with the Board, the Director is | 8 | | authorized to adopt by reference, in whole or in part, any | 9 | | code, standard, or bulletin issued by a nationally recognized | 10 | | organization, such as the Consumer Product Safety Commission, | 11 | | after a finding that the adoption of the code, standard, or | 12 | | bulletin would promote the purposes of this Act. The Director | 13 | | is further authorized to recognize, in whole or in part, any | 14 | | code or standard issued by an internationally recognized | 15 | | organization upon a finding that its provisions are equivalent | 16 | | to codes or standards adopted under this Act. | 17 | | Before adopting, modifying or amending any rule consistent | 18 | | with and necessary
for the enforcement of this Act, the | 19 | | Director shall hold a
public hearing on the proposed rule, | 20 | | modification or amendment to a
rule. Any interested person may | 21 | | appear and be heard at the hearing, in person
or by agent or | 22 | | counsel. The Director shall give the news media notice of
each | 23 | | hearing at least 30 days in advance of the hearing date and | 24 | | shall make
available a copy of the proposed rule, or | 25 | | modification or amendment to a
rule to any person requesting | 26 | | same. The provisions of this Section are in
addition to all |
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| 1 | | other existing requirements pertaining to the promulgation
of | 2 | | administrative rules and regulations.
| 3 | | (Source: P.A. 94-801, eff. 5-25-06; 95-397, eff. 8-24-07.)
| 4 | | (430 ILCS 85/2-8) (from Ch. 111 1/2, par. 4058)
| 5 | | Sec. 2-8. The Director, after consultation with the consent | 6 | | of the Board, shall determine a schedule of permit fees for | 7 | | each
amusement ride or amusement attraction.
| 8 | | (Source: P.A. 94-801, eff. 5-25-06.)
| 9 | | (430 ILCS 85/2-8.1 new) | 10 | | Sec. 2-8.1. Suspension and revocation of permit to operate. | 11 | | (a)
The Department shall have the power to suspend or | 12 | | revoke an owner's permit for any good cause under the meaning | 13 | | and purpose of this Act. If a person whose permit has been | 14 | | suspended or revoked, or whose application for a permit has | 15 | | been denied, believes that the violation or condition | 16 | | justifying suspension, revocation, or denial of the permit does | 17 | | not exist, the person may apply to the Department for | 18 | | reconsideration through a hearing within 10 calendar days after | 19 | | the Department's action. A hearing shall be scheduled, unless | 20 | | otherwise mutually agreed by the parties, within 48 hours after | 21 | | the request for hearing. | 22 | | (b) Service of notice of a hearing shall be made by | 23 | | personal service or certified mail to the address shown on the | 24 | | application for permit, or to any other address on file with |
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| 1 | | the Department and reasonably believed to be the current | 2 | | address of the permit holder. | 3 | | (c) The written notice of a hearing shall specify the time, | 4 | | date, and location of the hearing and the reasons for the | 5 | | action proposed by the Department. | 6 | | (d) At the hearing, the Department shall have the burden of | 7 | | establishing good cause for its action. Good cause exists if | 8 | | the Department establishes that the permit holder has failed to | 9 | | comply with the requirements of a permit under this Act and its | 10 | | rules. | 11 | | (e) All hearings held under this Section shall comply with | 12 | | Article 10 of the Administrative Procedure Act and the | 13 | | Department's rules of procedure in administrative hearings, | 14 | | except that formal discovery, such as production requests, | 15 | | interrogatories, requests to admit, and depositions shall not | 16 | | be allowed. The parties shall exchange documents and witness | 17 | | lists prior to hearing and may request third party subpoenas to | 18 | | be issued. | 19 | | (f) The final determination by the Department of Labor | 20 | | shall be rendered within 5 working days after the conclusion of | 21 | | the hearing. | 22 | | (g) Final determinations made under this Section are | 23 | | subject to the Administrative Review Law.
| 24 | | (430 ILCS 85/2-12) (from Ch. 111 1/2, par. 4062)
| 25 | | Sec. 2-12. Order for cessation of operation of amusement |
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| 1 | | ride or
attraction.
| 2 | | (a) The Director or an inspector hired by the Department of | 3 | | Labor
may order, in writing, a temporary and immediate | 4 | | cessation of operation of
any amusement ride or amusement | 5 | | attraction if it:
| 6 | | (1) has been determined
after
inspection to be | 7 | | hazardous or unsafe;
| 8 | | (2) is in operation before the Director
has issued a | 9 | | permit to operate such equipment; or
| 10 | | (3) the owner or operator is not in compliance with the | 11 | | insurance
requirements contained in
Section 2-14 of this | 12 | | Act and any rules or regulations adopted hereunder.
| 13 | | (b) Operation of the
amusement ride or
amusement attraction | 14 | | shall not resume until:
| 15 | | (1) the unsafe or hazardous
condition is corrected to | 16 | | the satisfaction of the Director or such inspector;
| 17 | | (2) the Director has issued a permit to operate such | 18 | | equipment; or
| 19 | | (3) the
owner or operator is in compliance with the | 20 | | insurance requirements contained in
Section 2-14 of this | 21 | | Act and any rules or regulations adopted hereunder, | 22 | | respectively. | 23 | | (c) The Department shall notify the owner or operator in | 24 | | writing of the grounds for the cessation of operation of the | 25 | | amusement ride or attraction and of the conditions in need of | 26 | | correction at the time the order for cessation is issued. |
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| 1 | | (d) The owner or operator may appeal an order of cessation | 2 | | by filing a request for a hearing. The Department shall afford | 3 | | the owner or operator 10 calendar days after the date of the | 4 | | notice to request a hearing. Upon written request for hearing, | 5 | | the Department shall schedule a formal administrative hearing | 6 | | in compliance with Article 10 of the Administrative Procedure | 7 | | Act and pursuant to the provisions of the Department's rules of | 8 | | procedure in Administrative Hearings, except that formal | 9 | | discovery, such as production requests, interrogatories, | 10 | | requests to admit, and depositions will not be allowed. The | 11 | | parties shall exchange documents and witness lists prior to | 12 | | hearing and may request third party subpoenas to be issued. | 13 | | (e) The final determination by the Department of Labor | 14 | | shall be rendered within 5 working days after the conclusion of | 15 | | the hearing. | 16 | | (f) The provisions of the Administrative Review Law shall | 17 | | apply to and govern all proceedings for the judicial review of | 18 | | a final determination under this Section.
| 19 | | (Source: P.A. 94-801, eff. 5-25-06.)
| 20 | | (430 ILCS 85/2-14) (from Ch. 111 1/2, par. 4064)
| 21 | | Sec. 2-14. No (1) Except as provided in subsection (2) of | 22 | | this
Section no person shall operate an amusement ride or | 23 | | attraction unless
there is in force : (a) a liability insurance | 24 | | policy
or policies in an aggregate amount of not less than | 25 | | $1,000,000 $100,000 for bodily
injury to or death of one or |
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| 1 | | more persons, damage to or destruction of property of others, | 2 | | or a combination thereof person in any one accident , and, | 3 | | subject to the per occurrence
limit for one person , in an | 4 | | aggregate amount of not less than $2,000,000 $1,000,000 for | 5 | | bodily
injury to or death of two or more persons , or damage to | 6 | | or destruction of property of others, in any one policy period, | 7 | | accident, and in an
amount of not less than $50,000 for injury | 8 | | to or destruction of property
of others in any one accident, | 9 | | insuring the operator against liability for
injury , or death , | 10 | | or property damage suffered by a person attending a fair or | 11 | | carnival; or (b) a
bond in like amount, the aggregate liability | 12 | | of the surety of which shall
not exceed the face amount | 13 | | thereof; or (c) a deposit with the Illinois Department of Labor | 14 | | of cash
or other security acceptable to the Director .
| 15 | | (2) With respect to the operation of an amusement ride or | 16 | | attraction
under this Act for a
carnival located at a permanent | 17 | | site which has 5 or fewer amusement rides,
none of which | 18 | | operates at a height exceeding 8 feet, the insurance policy,
| 19 | | bond, or cash or security deposit amount required for bodily | 20 | | injury to or
death of 2 or more persons in any one accident | 21 | | shall be not less than $500,000.
| 22 | | (Source: P.A. 94-801, eff. 5-25-06.)
| 23 | | (430 ILCS 85/2-15) (from Ch. 111 1/2, par. 4065)
| 24 | | Sec. 2-15. Penalties. | 25 | | (a) Criminal penalties. |
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| 1 | | 1. Any person who operates an amusement ride or | 2 | | amusement attraction at
a carnival or fair without having | 3 | | obtained
a permit from the Department Director or who | 4 | | violates any order or rule issued by the Department
| 5 | | Director under this Act is guilty of a Class A misdemeanor. | 6 | | Each
day shall constitute a separate and distinct offense.
| 7 | | 2. Any person who interferes with, impedes, or | 8 | | obstructs in any manner
the Director or any authorized | 9 | | representative of the Department
in the performance of | 10 | | their duties under this Act is guilty
of a Class A | 11 | | misdemeanor.
| 12 | | (b) Civil penalties. Unless otherwise provided in this Act, | 13 | | any person who operates an amusement ride or amusement | 14 | | attraction without having obtained a permit from the Department | 15 | | in violation of this Act is subject to a civil penalty not to | 16 | | exceed $2,500 per violation for a first violation and not to | 17 | | exceed $5,000 for a second or subsequent violation. | 18 | | Prior to any determination, or the imposition of any civil | 19 | | penalty, under this subsection (b), the Department shall notify | 20 | | the operator in writing of the alleged violation. The | 21 | | Department shall afford the operator 10 calendar 15 days after | 22 | | from the date of the notice to request a hearing present any | 23 | | written information that the operator wishes the Department to | 24 | | consider in connection with its determination in the matter . | 25 | | Upon written request of the operator, the Department shall | 26 | | schedule a formal administrative hearing in compliance with |
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| 1 | | Article 10 of the Administrative Procedure Act and the | 2 | | Department's rules of procedure in administrative hearings, | 3 | | except that formal discovery, such as production requests, | 4 | | interrogatories, requests to admit, and depositions shall not | 5 | | be allowed. The parties shall exchange documents and witness | 6 | | lists prior to hearing and may request third party subpoenas to | 7 | | be issued. The final determination by the Department of Labor | 8 | | shall be rendered within 5 working days after the conclusion of | 9 | | the hearing. Final determinations made under this Section are | 10 | | subject to the provisions of the Administrative Review Law | 11 | | convene an informal fact-finding conference, provided such | 12 | | request is received by the Department within 15 days of the | 13 | | date of the notice of the alleged violation . In determining the | 14 | | amount of a penalty, the Director may consider the | 15 | | appropriateness of the penalty to the person or entity charged, | 16 | | upon determination of the gravity of the violation. The | 17 | | penalties, when finally determined, Penalties may be recovered | 18 | | in a civil action brought by the Director of Labor in any | 19 | | circuit court. In this litigation, the Director of Labor shall | 20 | | be represented by the Attorney General. | 21 | | (Source: P.A. 96-151, eff. 8-7-09.)
| 22 | | (430 ILCS 85/2-15.2 new) | 23 | | Sec. 2-15.2. Injunction to compel compliance. | 24 | | (a) The Department shall have the power to bring injunctive | 25 | | proceedings in any court of competent jurisdiction to compel |
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| 1 | | compliance with any order made by the Department under this | 2 | | Act. | 3 | | (b) The Department shall also have the power to bring | 4 | | temporary and immediate injunctive relief in any court of | 5 | | competent jurisdiction when necessary for the protection of the | 6 | | health and safety of the general public using amusement rides | 7 | | and amusement attractions. | 8 | | (430 ILCS 85/2-15.3 new) | 9 | | Sec. 2-15.3. Carnival Safety Fund. All moneys received by | 10 | | the Department as fees and penalties under this Act shall be | 11 | | deposited into the Carnival Safety Fund and shall be used, | 12 | | subject to appropriation by the General Assembly, by the | 13 | | Department for administration, investigation, and other | 14 | | expenses incurred in carrying out its powers and duties under | 15 | | this Act. The Department shall hire as many inspectors and | 16 | | other personnel as may be necessary to carry out the purposes | 17 | | of this Act. Any moneys in the Fund at the end of a fiscal year | 18 | | in excess of those moneys necessary for the Department to carry | 19 | | out its powers and duties under this Act shall be available to | 20 | | the Department for the next fiscal year for any of the | 21 | | Department's duties and may be transferred from the Carnival | 22 | | Safety Fund to the various accounts available to the | 23 | | Department, as needed.
| 24 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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