Full Text of SB1408 96th General Assembly
SB1408enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning safety.
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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, 2-10, 2-15, 2-16, 2-19, and | 6 |
| 2-20 and by adding Section 2-21 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 (and is | 5 |
| therefore not a volunteer) by a carnival or fair to manage, | 6 |
| physically operate, or assist in the operation of an amusement | 7 |
| ride or amusement attraction when it is open to the public.
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| 9. "Volunteer" means a person who operates or assists in | 9 |
| the operation of an amusement ride or amusement attraction for | 10 |
| an owner or operator without pay or lodging. An individual | 11 |
| shall not be considered a volunteer if the individual is | 12 |
| otherwise employed by the same owner or operator to perform the | 13 |
| same type of service as those for which the individual proposes | 14 |
| to volunteer. | 15 |
| (Source: P.A. 94-801, eff. 5-25-06; 95-397, eff. 8-24-07; | 16 |
| 95-687, eff. 10-23-07.)
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| (430 ILCS 85/2-10) (from Ch. 111 1/2, par. 4060)
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| Sec. 2-10. No amusement ride or amusement attraction
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| be operated at a carnival or fair in this State
without a | 20 |
| permit having been issued by the Director to an operator of | 21 |
| such
equipment. At least 30 days prior to the first day of | 22 |
| operation or the expiration of the permit, On or before the | 23 |
| first of May of each year, any person required
to obtain a | 24 |
| permit by this Act shall apply to the Director for a permit
on | 25 |
| a form furnished by the Director which form shall contain such |
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| information
as the Director may require. The Director may waive | 2 |
| the requirement that
an application for a permit must be filed | 3 |
| at least 30 days prior to the first day of operation or the | 4 |
| expiration of the permit on or before
May 1 of each year if the | 5 |
| applicant gives satisfactory proof to the Director
that he | 6 |
| could not reasonably comply with the date requirement and if | 7 |
| the
applicant immediately applies for a permit after the need | 8 |
| for a permit is
first determined. For the purpose of | 9 |
| determining if an amusement ride or
amusement attraction is in | 10 |
| safe operating condition and will provide
protection to the | 11 |
| public using such amusement ride or amusement attraction,
each | 12 |
| amusement ride or amusement attraction shall be inspected by | 13 |
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Director before it is initially placed in operation in this | 14 |
| State, and
shall thereafter be inspected at least once each | 15 |
| year.
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| If, after inspection, an amusement ride or amusement | 17 |
| attraction is found
to comply with the rules adopted under this | 18 |
| Act, the Director shall issue
a permit for the operation of the | 19 |
| amusement ride or amusement attraction.
The permit shall be | 20 |
| issued conditioned upon the payment of the permit fee
and any | 21 |
| applicable inspection fee at the time the application for | 22 |
| permit to
operate is
filed with the Department
and may be | 23 |
| suspended as provided in the Department's rules.
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| If, after inspection, additions or alterations are | 25 |
| contemplated which change
a structure, mechanism, | 26 |
| classification or capacity, the operator shall notify
the |
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| Director of his intentions in writing and provide any plans or | 2 |
| diagrams
requested by the Director.
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| (Source: P.A. 92-26, eff. 1-1-02.)
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| (430 ILCS 85/2-15) (from Ch. 111 1/2, par. 4065)
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| Sec. 2-15. Penalties. | 6 |
| (a) Criminal penalties. | 7 |
| 1. Any person who operates an amusement ride or | 8 |
| amusement attraction at
a carnival or fair without having | 9 |
| obtained
a permit from the Director or who violates any | 10 |
| order or rule issued by the
Director under this Act is | 11 |
| guilty of a Class A misdemeanor. Each
day shall constitute | 12 |
| a separate and distinct offense.
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| 2. Any person who interferes with, impedes, or | 14 |
| obstructs in any manner
the Director or any authorized | 15 |
| representative of the Department
in the performance of | 16 |
| their duties under this Act is guilty
of a Class A | 17 |
| misdemeanor.
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| (b) Civil penalties. Unless otherwise provided in this Act, | 19 |
| any person who operates an amusement ride or amusement | 20 |
| attraction without having obtained a permit from the Department | 21 |
| in violation of this Act is subject to a civil penalty not to | 22 |
| exceed $2,500 per violation for a first violation and not to | 23 |
| exceed $5,000 for a second or subsequent violation. | 24 |
| Prior to any determination, or the imposition of any civil | 25 |
| penalty, under this subsection (b), the Department shall notify |
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| the operator in writing of the alleged violation. The | 2 |
| Department shall afford the operator 15 days from the date of | 3 |
| the notice to present any written information that the operator | 4 |
| wishes the Department to consider in connection with its | 5 |
| determination in the matter. Upon written request of the | 6 |
| operator, the Department shall convene an informal | 7 |
| fact-finding conference, provided such request is received by | 8 |
| the Department within 15 days of the date of the notice of the | 9 |
| alleged violation. In determining the amount of a penalty, the | 10 |
| Director may consider the appropriateness of the penalty to the | 11 |
| person or entity charged, upon determination of the gravity of | 12 |
| the violation. Penalties may be recovered in a civil action | 13 |
| brought by the Director of Labor in any circuit court. In this | 14 |
| litigation, the Director of Labor shall be represented by the | 15 |
| Attorney General. | 16 |
| (Source: P.A. 94-801, eff. 5-25-06.)
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| (430 ILCS 85/2-16) (from Ch. 111 1/2, par. 4066)
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| Sec. 2-16. Exemptions. The following amusement rides or | 19 |
| amusement
attractions are exempt from the provisions of this | 20 |
| Act:
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| Any amusement ride or amusement attraction which is owned | 22 |
| or operated
by a non-profit religious, educational or | 23 |
| charitable institution or association
if such amusement ride or | 24 |
| amusement attraction is located within a building
subject to | 25 |
| inspection
by the state fire marshal or by any political |
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| subdivisions of the State
under its building, fire, electrical, | 2 |
| and related public safety ordinances , and the amusement ride or | 3 |
| amusement attraction itself is subject to inspection by a | 4 |
| political subdivision of the State in accordance with Section | 5 |
| 2-17 .
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| (Source: P.A. 83-1240.)
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| (430 ILCS 85/2-19) (from Ch. 111 1/2, par. 4069)
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| Sec. 2-19. The owner or operator of an amusement ride or | 9 |
| amusement
attraction may remove from or deny entry to a person | 10 |
| to an amusement ride or amusement
attraction if, in the owner's | 11 |
| or operator's opinion, the entry or conduct may
jeopardize the | 12 |
| safety of such person or the safety of any other person.
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| Nothing in this Section will permit an owner or operator to | 14 |
| deny an
inspector access to an amusement ride or amusement | 15 |
| attraction when such
inspector is acting within the scope of | 16 |
| his duties under this Act.
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| (Source: P.A. 83-1240.)
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| (430 ILCS 85/2-20) | 19 |
| Sec. 2-20. Employment of carnival workers. | 20 |
| (a) Beginning on January 1, 2008, no person, firm, | 21 |
| corporation, or other entity that owns or operates a carnival | 22 |
| or fair shall employ a carnival worker who (i) has been | 23 |
| convicted of any offense set forth in Article 11 of the | 24 |
| Criminal Code of 1961, (ii) is a registered sex offender, as |
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| defined in the Sex Offender Registration Act, or (iii) has ever | 2 |
| been convicted of any offense set forth in Article 9 of the | 3 |
| Criminal Code of 1961. | 4 |
| (b) A person, firm, corporation, or other entity that owns | 5 |
| or operates a carnival or fair must conduct a criminal history | 6 |
| records check and perform a check of the National Sex Offender | 7 |
| Public Registry for carnival workers at the time they are | 8 |
| hired , and annually thereafter except if they are in the | 9 |
| continued employ of the entity consistent with the Illinois | 10 |
| Uniform Conviction Information Act and perform a check of the | 11 |
| Sex Offender Registry . | 12 |
| The criminal history records check performed under this | 13 |
| subsection (b) shall be performed by the Illinois State Police, | 14 |
| another State or federal law enforcement agency, or a business | 15 |
| belonging to the National Association of Professional | 16 |
| Background Check Screeners. Any criminal history checks | 17 |
| performed by the Illinois State Police shall be pursuant to the | 18 |
| Illinois Uniform Conviction Information Act. | 19 |
| In the case of carnival workers who are hired on a | 20 |
| temporary basis to work at a specific event, the carnival or | 21 |
| fair owner may work with local enforcement agencies in order | 22 |
| expedite the criminal history records check required under this | 23 |
| subsection (b). | 24 |
| Individuals who are under the age of 17 are exempt from the | 25 |
| criminal history records check requirements set forth in this | 26 |
| subsection (b). |
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| (c) Any person, firm, corporation, or other entity that | 2 |
| owns or operates a carnival or fair must have a substance abuse | 3 |
| policy in place for its workers, which shall include random | 4 |
| drug testing of carnival workers. | 5 |
| (d) Any person, firm, corporation, or other entity that | 6 |
| owns or operates a carnival or fair that violates the | 7 |
| provisions of subsection (a) of this Section or fails to | 8 |
| conduct a criminal history records check or a sex offender | 9 |
| registry check for carnival workers in its employ, as required | 10 |
| by subsection (b) of this Section, shall be assessed a civil | 11 |
| penalty in an amount not to exceed $1,000 for a first offense, | 12 |
| not to exceed $5,000 for a second offense, and not to exceed | 13 |
| $15,000 for a third or subsequent offense. The collection of | 14 |
| these penalties shall be enforced in a civil action brought by | 15 |
| the Attorney General on behalf of the Department. | 16 |
| (e) A carnival or fair owner is not responsible for: | 17 |
| (1) any personal information submitted by a carnival | 18 |
| worker for criminal history records check purposes; or | 19 |
| (2) any information provided by a third party for a | 20 |
| criminal history records check or a sex offender registry | 21 |
| check. | 22 |
| (f) Recordkeeping requirements. Any person, firm, | 23 |
| corporation, or other entity that owns or operates a carnival | 24 |
| or fair subject to the provisions of this Act shall make, | 25 |
| preserve, and make available to the Department, upon its | 26 |
| request, all records that are required by this Act, including |
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| but not limited to a written substance abuse policy, evidence | 2 |
| of the required criminal history records check and sex offender | 3 |
| registry check, and any other information the Director may deem | 4 |
| necessary and appropriate for enforcement of this Act. | 5 |
| (g) A carnival or fair owner shall not be liable to any | 6 |
| employee in carrying out the requirements of this Section.
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| (Source: P.A. 95-397, eff. 8-24-07; 95-687, eff. 10-23-07.) | 8 |
| (430 ILCS 85/2-21 new) | 9 |
| Sec. 2-21. Volunteers. Criminal background checks of | 10 |
| volunteers, who manage, physically operate, or assist in the | 11 |
| operation of an amusement ride or amusement attraction when it | 12 |
| is open to the public, shall be left to the discretion of local | 13 |
| law enforcement which has jurisdictional authority in the | 14 |
| community in which the event is being held. Volunteers shall be | 15 |
| required to comply with any training and age requirements as | 16 |
| prescribed by rule.
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| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.
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