Full Text of HB0820 95th General Assembly
HB0820enr 95TH GENERAL ASSEMBLY
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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 | 5 |
| amended by changing Sections 2-2 and 2-6 and by adding Section | 6 |
| 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 | 9 |
| context
otherwise requires:
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| 1. "Director" means the Director of Labor or his or her | 11 |
| designee.
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| 2. "Department" means Department of Labor.
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| 3. "Amusement Attraction" means an enclosed building or | 14 |
| structure,
including electrical equipment which is an integral | 15 |
| part of the building or
structure, through which people walk | 16 |
| without the aid of any moving device,
that provides amusement, | 17 |
| thrills or excitement at a fair or carnival,
except any such | 18 |
| 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, | 22 |
| including electrical equipment which is an
integral part of | 23 |
| the device or devices, which carries passengers along,
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| around, or over a fixed or restricted course for the | 2 |
| primary purpose of
giving its passengers amusement, | 3 |
| pleasure, thrills, or excitement;
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| (b) any ski lift, rope tow, or other device used to | 5 |
| transport snow
skiers;
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| (c) (blank);
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| (d) any dry slide over 20 feet in height, alpine slide, | 8 |
| or toboggan
slide;
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| (e) any tram, open car, or combination of open cars or | 10 |
| wagons pulled
by a tractor or other motorized device which | 11 |
| is not licensed by the
Secretary of State, which may, but | 12 |
| does not necessarily follow a fixed or
restricted course, | 13 |
| and is used primarily for the purpose of giving its
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| passengers amusement, pleasure, thrills or excitement, and | 15 |
| for which an
individual fee is charged or a donation | 16 |
| 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 | 19 |
| entertainment
to the public by means of one or more amusement | 20 |
| attractions or amusement rides.
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| 6. "Fair" means an enterprise principally devoted to the | 22 |
| exhibition of
products of agriculture or industry in connection | 23 |
| with which
amusement rides or amusement attractions are | 24 |
| operated.
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| 7. "Operator" means a person, or the agent of a person, who | 26 |
| 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 | 2 |
| fair. "Operator" includes an
agency of the State or any of its | 3 |
| political subdivisions.
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| 8. "Carnival worker" means a person who is employed by a | 5 |
| carnival to physically operate an amusement ride or amusement | 6 |
| attraction when it is open to the public and who is not a | 7 |
| 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, | 11 |
| shall promulgate and formulate definitions, rules
and | 12 |
| regulations for the safe installation, repair, maintenance, | 13 |
| use, operation , training standards for operators,
and | 14 |
| inspection of all amusement rides and amusement attractions as | 15 |
| the
Director finds necessary for the protection of
the general | 16 |
| public using amusement rides and amusement attractions. The | 17 |
| rules shall be
based upon generally accepted engineering | 18 |
| standards and shall be concerned
with, but not necessarily | 19 |
| limited to, engineering force stresses, safety
devices, and | 20 |
| preventive maintenance. Whenever such standards are available
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| in suitable form they may be incorporated by reference. The | 22 |
| rules shall
provide for the reporting of accidents and injuries | 23 |
| incurred from the operation
of amusement rides or amusement | 24 |
| attractions.
In addition to the permit fee herein provided, the | 25 |
| 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 | 3 |
| with and necessary
for the enforcement of this Act, the | 4 |
| Director shall hold a
public hearing on the proposed rule, | 5 |
| modification or amendment to a
rule. Any interested person may | 6 |
| appear and be heard at the hearing, in person
or by agent or | 7 |
| counsel. The Director shall give the news media notice of
each | 8 |
| hearing at least 30 days in advance of the hearing date and | 9 |
| shall make
available a copy of the proposed rule, or | 10 |
| modification or amendment to a
rule to any person requesting | 11 |
| same. The provisions of this Section are in
addition to all | 12 |
| other existing requirements pertaining to the promulgation
of | 13 |
| 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) | 16 |
| Sec. 2-20. Employment of carnival workers. | 17 |
| (a) Beginning on January 1, 2008, no person, firm, | 18 |
| corporation, or other entity that owns or operates a carnival | 19 |
| shall employ a carnival worker who (i) has been convicted of | 20 |
| any offense set forth in Article 11 of the Criminal Code of | 21 |
| 1961, (ii) is a registered sex offender, as defined in the Sex | 22 |
| Offender Registration Act, or (iii) has ever been convicted of | 23 |
| any offense set forth in Article 9 of the Criminal Code of | 24 |
| 1961. | 25 |
| Any person, firm, corporation, or other entity that owns or |
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| operates a carnival and knowingly violates the provisions of | 2 |
| this subsection (a) shall be assessed a civil penalty in an | 3 |
| amount not less than $1,000 and not more than $5,000 for a | 4 |
| first offense, and not less than $5,000 and not more than | 5 |
| $10,000 for a second or subsequent offense. | 6 |
| (b) In the interest of compliance with the requirements of | 7 |
| this Section, a person, firm, corporation, or other entity that | 8 |
| owns or operates a carnival must conduct a criminal history | 9 |
| records check for each carnival worker in its employ consistent | 10 |
| with the Illinois Uniform Conviction Information Act and | 11 |
| perform a check of the Sex Offender Registry maintained by the | 12 |
| Department of State Police for each carnival worker in its | 13 |
| employ. | 14 |
| In the case of carnival workers who are hired on a | 15 |
| temporary basis to work at a specific event, the carnival owner | 16 |
| may work with local enforcement agencies in order to expedite | 17 |
| the criminal history records check required under this | 18 |
| subsection (b). | 19 |
| Individuals who are under the age of 17 are exempt from the | 20 |
| criminal history records check requirements set forth in this | 21 |
| subsection (b). | 22 |
| (c) Any person, firm, corporation, or other entity that | 23 |
| owns or operates a carnival must have a substance abuse policy | 24 |
| in place for its workers, which shall include random drug | 25 |
| testing of carnival workers. | 26 |
| Section 99. Effective date. This Act takes effect upon |
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| becoming law. |
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