Full Text of HB3097 103rd General Assembly
HB3097enr 103RD GENERAL ASSEMBLY |
| | HB3097 Enrolled | | LRB103 28177 CPF 54556 b |
|
| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Amusement Ride and Attraction Safety Act is | 5 | | amended by changing Sections 2-2, 2-3, 2-4, 2-6, 2-7, 2-8, | 6 | | 2-8.1, 2-9, 2-10, 2-12, 2-14, 2-15, 2-15.1, 2-15.2, 2-15.3, | 7 | | 2-16, 2-17, 2-18, 2-19, and 2-20 as follows:
| 8 | | (430 ILCS 85/2-2) (from Ch. 111 1/2, par. 4052)
| 9 | | Sec. 2-2. Definitions. As used in this Act, unless the | 10 | | context
otherwise requires:
| 11 | | 1. "Director" means the Director of Labor or his or her | 12 | | designee.
| 13 | | 2. "Department" means Department of Labor.
| 14 | | 3. "Amusement attraction" means an enclosed building or | 15 | | structure,
including electrical equipment which is an integral | 16 | | part of the building or
structure, through which people travel | 17 | | walk without the aid of any moving device,
that provides | 18 | | amusement, thrills or excitement at a fair, a carnival, or an | 19 | | amusement enterprise,
except any such enclosed building or | 20 | | structure which is subject to the
jurisdiction of a local | 21 | | building code.
| 22 | | 4. "Amusement ride" means:
| 23 | | (a) any mechanized device
or combination of devices, |
| | | HB3097 Enrolled | - 2 - | LRB103 28177 CPF 54556 b |
|
| 1 | | including electrical equipment which is an
integral part | 2 | | of the device or devices, which carries passengers along,
| 3 | | around, or over a fixed or restricted course for the | 4 | | primary purpose of
giving its passengers amusement, | 5 | | pleasure, thrills, or excitement;
| 6 | | (b) any ski lift, rope tow, or other device used to | 7 | | transport snow
skiers;
| 8 | | (c) (blank);
| 9 | | (c-5) any trampoline court; | 10 | | (d) any dry slide, alpine slide, or toboggan
slide, | 11 | | except:
| 12 | | (1) any slide that is placed in a playground and | 13 | | that does not normally require the supervision or | 14 | | services of a person responsible for its operation; or | 15 | | (2) any slide that is not open to the general | 16 | | public and for which admission is monitored and | 17 | | strictly controlled by invitation, company or group | 18 | | identification, or other means of identification; | 19 | | (e) any tram, open car, or combination of open cars or | 20 | | wagons pulled
by a tractor or other motorized device which | 21 | | is not licensed by the
Secretary of State, which may, but | 22 | | does not necessarily follow a fixed or
restricted course, | 23 | | and is used primarily for the purpose of giving its
| 24 | | passengers amusement, pleasure, thrills or excitement, and | 25 | | for which an
individual fee is charged or a donation | 26 | | accepted with the exception of
hayrack rides;
|
| | | HB3097 Enrolled | - 3 - | LRB103 28177 CPF 54556 b |
|
| 1 | | (f) any bungee cord or similar elastic device; or | 2 | | (g) any inflatable attraction.
| 3 | | 5. "Carnival" or "amusement enterprise" means an | 4 | | establishment that enterprise which offers amusement or | 5 | | entertainment
to the general public by means of one or more | 6 | | amusement attractions or amusement rides , regardless of | 7 | | whether a form of payment is required for admission .
| 8 | | "Carnival worker" or "amusement enterprise worker" means | 9 | | an individual who performs work for a carnival, amusement | 10 | | enterprise, or fair to manage, physically operate, or assist | 11 | | in the operation of an amusement ride or amusement attraction | 12 | | when it is open to the public. | 13 | | "Department" means the Department of Labor. | 14 | | "Director" means the Director of the Department of Labor | 15 | | or the Director's designee. | 16 | | 6. "Fair" means an enterprise principally devoted to the | 17 | | exhibition of
products of agriculture or industry in | 18 | | connection with which
amusement rides or amusement attractions | 19 | | are operated.
| 20 | | "Inflatable attraction" means an amusement ride or device | 21 | | that is designed for bouncing, climbing, sliding, or other | 22 | | forms of interactive play, is made of flexible fabric, is kept | 23 | | inflated by continuous air flow by one or more blowers, and | 24 | | relies upon air pressure to maintain its shape. | 25 | | 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 |
| | | HB3097 Enrolled | - 4 - | LRB103 28177 CPF 54556 b |
|
| 1 | | amusement ride or
an amusement attraction at a carnival, | 2 | | amusement enterprise, or fair. "Operator" includes an
agency | 3 | | of the State or any of its political subdivisions.
| 4 | | 8. "Carnival worker" or "amusement enterprise worker" | 5 | | means a person who is employed (and is therefore not a | 6 | | volunteer) by a carnival, amusement enterprise, or fair to | 7 | | manage, physically operate, or assist in the operation of an | 8 | | amusement ride or amusement attraction when it is open to the | 9 | | public.
| 10 | | 9. "Volunteer" means a person who operates or assists in | 11 | | the operation of an amusement ride or amusement attraction for | 12 | | an owner or operator without pay or lodging. An individual | 13 | | shall not be considered a volunteer if the individual is | 14 | | otherwise employed by the same owner or operator to perform | 15 | | the same type of service as those for which the individual | 16 | | proposes to volunteer. | 17 | | 10. "Inflatable attraction" means an amusement ride or | 18 | | device designed for use that may include, but not be limited | 19 | | to, bounce, climb, slide, or interactive play, which is made | 20 | | of flexible fabric, is kept inflated by continuous air flow by | 21 | | one or more blowers, and relies upon air pressure to maintain | 22 | | its shape. | 23 | | 11. "Trampoline court" means a commercial facility with a | 24 | | defined area composed of one or more trampolines, a series of | 25 | | trampolines, a trampoline court foam pit, or a series of | 26 | | trampoline court foam pits. "Trampoline court" does not |
| | | HB3097 Enrolled | - 5 - | LRB103 28177 CPF 54556 b |
|
| 1 | | include a gymnastic training facility that only utilizes | 2 | | trampolines during the supervised instruction of gymnastic | 3 | | skills. | 4 | | (Source: P.A. 102-255, eff. 1-1-22 .)
| 5 | | (430 ILCS 85/2-3) (from Ch. 111 1/2, par. 4053)
| 6 | | Sec. 2-3. There is hereby created the Amusement Ride and | 7 | | Attraction Safety Board,
hereafter in this Act referred to as | 8 | | the "Board", to consist of 9
members. One member shall be the | 9 | | Director. Eight members shall
be appointed by the Governor | 10 | | with the advice and consent of the Senate.
The term of members | 11 | | shall be 4 years. Of the
8 appointed members of the Board, 2 | 12 | | shall be operators of amusement rides or amusement | 13 | | attractions , 1 shall be a registered professional engineer, 1 | 14 | | shall represent the insurance industry, and 4 shall represent | 15 | | the general public. The Board shall advise the Department on | 16 | | carnival, amusement enterprise, and amusement safety matters.
| 17 | | (Source: P.A. 97-737, eff. 7-3-12; 98-769, eff. 1-1-15 .)
| 18 | | (430 ILCS 85/2-4) (from Ch. 111 1/2, par. 4054)
| 19 | | Sec. 2-4. A majority of the 9 members of the Board | 20 | | constitutes a quorum. The Board shall meet at least twice | 21 | | yearly and at the call of the chairperson chairman
or by | 22 | | written request of at least 5 members. The Board shall elect a | 23 | | chairperson chairman
and such other officers as it deems | 24 | | necessary to perform its
duties between meetings and may hire |
| | | HB3097 Enrolled | - 6 - | LRB103 28177 CPF 54556 b |
|
| 1 | | such clerical and administrative help
as it deems necessary, | 2 | | to be paid out of the appropriation to the Amusement Ride and | 3 | | Patron Safety Fund Board .
| 4 | | (Source: P.A. 97-737, eff. 7-3-12.)
| 5 | | (430 ILCS 85/2-6) (from Ch. 111 1/2, par. 4056)
| 6 | | Sec. 2-6. (a) The Director, after consultation with the | 7 | | Board at a meeting of the Board, shall promulgate and | 8 | | formulate definitions, rules
and regulations for the safe | 9 | | installation, repair, maintenance, use, operation, training | 10 | | standards for operators,
and inspection of all amusement rides | 11 | | and amusement attractions as the
Director finds necessary for | 12 | | the protection of
the general public using amusement rides and | 13 | | amusement attractions. These rules and standards shall be | 14 | | adopted pursuant to the procedures set forth in the Illinois | 15 | | Administrative Procedure Act. The rules shall be
based upon | 16 | | generally accepted engineering standards and shall be | 17 | | concerned
with, but not necessarily limited to, engineering | 18 | | force stresses, safety
devices, and preventive maintenance. | 19 | | Whenever such standards are available
in suitable form they | 20 | | may be incorporated by reference. The rules shall
provide for | 21 | | the reporting of accidents and injuries incurred from the | 22 | | operation
of amusement rides or amusement attractions.
In | 23 | | addition to the permit fee herein provided, the Director may | 24 | | promulgate
rules to establish a schedule of fees for | 25 | | inspections.
|
| | | HB3097 Enrolled | - 7 - | LRB103 28177 CPF 54556 b |
|
| 1 | | (b) After consultation with the Board, the Director is | 2 | | authorized to adopt by reference, in whole or in part, any | 3 | | code, standard, or bulletin issued by a nationally or | 4 | | internationally recognized organization, such as the Consumer | 5 | | Product Safety Commission or ASTM International, after a | 6 | | finding that the adoption of the code, standard, or bulletin | 7 | | would promote the purposes of this Act.
| 8 | | (Source: P.A. 98-541, eff. 8-23-13.)
| 9 | | (430 ILCS 85/2-7) (from Ch. 111 1/2, par. 4057)
| 10 | | Sec. 2-7. The Director shall administer and enforce all | 11 | | provisions of
this Act and all codes, rules and regulations | 12 | | promulgated pursuant to this Act. The Director or his or her | 13 | | authorized representative has the authority to require by | 14 | | subpoena the attendance and testimony of witnesses and the | 15 | | production of all books, records, equipment, and other | 16 | | evidence relative to a matter under investigation or hearing. | 17 | | The subpoena shall be signed and issued by the Director or the | 18 | | Director's his or her authorized representative. If a person | 19 | | fails to comply with any subpoena lawfully issued under this | 20 | | Section or a witness refuses to produce evidence or testify to | 21 | | any matter regarding which the witness he or she may be | 22 | | lawfully interrogated, the circuit court shall, upon | 23 | | application of the Director or the Director's his or her | 24 | | authorized representative, compel compliance by proceedings | 25 | | for contempt.
In such matters, the Department shall be |
| | | HB3097 Enrolled | - 8 - | LRB103 28177 CPF 54556 b |
|
| 1 | | represented by the Attorney General.
| 2 | | (Source: P.A. 94-801, eff. 5-25-06.)
| 3 | | (430 ILCS 85/2-8) (from Ch. 111 1/2, par. 4058)
| 4 | | Sec. 2-8. The Director, after consultation with and the | 5 | | consent of the Board, shall determine a schedule of inspection | 6 | | fees and permit fees for each
amusement ride or amusement | 7 | | attraction.
| 8 | | (Source: P.A. 98-541, eff. 8-23-13.)
| 9 | | (430 ILCS 85/2-8.1) | 10 | | Sec. 2-8.1. Suspension and revocation of permit to | 11 | | operate. | 12 | | (a)
The Department shall have the power to suspend or | 13 | | revoke an owner's permit for any good cause under the meaning | 14 | | and purpose of this Act. If a person whose permit has been | 15 | | suspended or revoked, or whose application for a permit has | 16 | | been denied, believes that the violation or condition | 17 | | justifying suspension, revocation, or denial of the permit | 18 | | does not exist, the person may apply to the Department for | 19 | | reconsideration through a hearing within 10 business working | 20 | | days after the Department's action. A hearing shall be | 21 | | scheduled, unless otherwise mutually agreed by the parties, | 22 | | within 48 hours after the request for hearing. | 23 | | (b) Service of notice of a hearing , or any other document | 24 | | related to investigation or enforcement of violations, shall |
| | | HB3097 Enrolled | - 9 - | LRB103 28177 CPF 54556 b |
|
| 1 | | be made by personal service or certified mail , by regular mail | 2 | | if service by certified mail cannot be completed, or by email | 3 | | to an email address previously designated by the party to be | 4 | | used for such purpose, to the address shown on the application | 5 | | for permit , or to any other address on file with the Department | 6 | | or and reasonably believed to be the current address of the | 7 | | permit holder. | 8 | | (c) Such The written notice of a hearing shall specify the | 9 | | time, date, and location of the hearing and the reasons for the | 10 | | action proposed by the Department. | 11 | | (d) At the hearing, the Department shall have the burden | 12 | | of establishing good cause for its action. Good cause exists | 13 | | if the Department establishes that the permit holder has | 14 | | failed to comply with the requirements of a permit under this | 15 | | Act and its rules. | 16 | | (e) All hearings held under this Section shall comply with | 17 | | Article 10 of the Illinois Administrative Procedure Act and | 18 | | the Department's rules of procedure in administrative | 19 | | hearings, except that formal discovery, such as production | 20 | | requests, interrogatories, requests to admit, and depositions | 21 | | shall not be allowed. The parties shall exchange documents and | 22 | | witness lists prior to hearing and may request third party | 23 | | subpoenas to be issued. | 24 | | (f) The final determination by the Department of Labor | 25 | | shall be rendered within 5 business working days after the | 26 | | conclusion of the hearing. |
| | | HB3097 Enrolled | - 10 - | LRB103 28177 CPF 54556 b |
|
| 1 | | (g) Final determinations made under this Section are | 2 | | subject to the Administrative Review Law.
| 3 | | (Source: P.A. 98-541, eff. 8-23-13; 98-756, eff. 7-16-14.)
| 4 | | (430 ILCS 85/2-9) (from Ch. 111 1/2, par. 4059)
| 5 | | Sec. 2-9. The Department of Labor may hire ride inspectors | 6 | | to inspect
amusement rides and amusement attractions. The | 7 | | qualifications of amusement ride inspectors shall be | 8 | | established through regulation by the Director.
The chief | 9 | | amusement ride
inspector shall be licensed in Illinois as a | 10 | | professional engineer.
| 11 | | (Source: P.A. 94-801, eff. 5-25-06.)
| 12 | | (430 ILCS 85/2-10) (from Ch. 111 1/2, par. 4060)
| 13 | | Sec. 2-10. No amusement ride or amusement attraction
shall | 14 | | be operated at a carnival, amusement enterprise, or fair in | 15 | | this State
without a permit having been issued by the Director | 16 | | to an operator of such
equipment. At least 30 days prior to the | 17 | | first day of operation or the expiration of the permit, any | 18 | | person required
to obtain a permit by this Act shall apply to | 19 | | the Director for a permit
on a form furnished by the Director | 20 | | which form shall contain such information
as the Director may | 21 | | require. The Director may waive the requirement that
an | 22 | | application for a permit must be filed at least 30 days prior | 23 | | to the first day of operation or the expiration of the permit | 24 | | if the applicant gives satisfactory proof to the Director
that |
| | | HB3097 Enrolled | - 11 - | LRB103 28177 CPF 54556 b |
|
| 1 | | the applicant he could not reasonably comply with the date | 2 | | requirement and if the
applicant immediately applies for a | 3 | | permit after the need for a permit is
first determined. The | 4 | | Director may accept applications for a permit not filed at | 5 | | least 30 days prior to the first day of operation or the | 6 | | expiration of the permit only if the applicant applies for the | 7 | | permit prior to the inspection of the ride or attraction. For | 8 | | the purpose of determining if an amusement ride or
amusement | 9 | | attraction is in safe operating condition and will provide
| 10 | | protection to the public using such amusement ride or | 11 | | amusement attraction,
each amusement ride or amusement | 12 | | attraction shall be inspected by a ride inspector the
Director | 13 | | before it is initially placed in operation in this State, and
| 14 | | shall thereafter be inspected by a ride inspector at least | 15 | | once each year. The Department may conduct inspections to | 16 | | ensure continued compliance with the provisions of this Act or | 17 | | any rules adopted hereunder.
| 18 | | If, after inspection, an amusement ride or amusement | 19 | | attraction is found
to comply with the rules adopted under | 20 | | this Act, the Director shall issue
a permit for the operation | 21 | | of the amusement ride or amusement attraction.
The permit | 22 | | shall be issued conditioned upon the payment of the permit fee
| 23 | | and any applicable inspection fee at the time the application | 24 | | for permit to
operate is
filed with the Department
and may be | 25 | | suspended as provided in the Department's rules. The Director | 26 | | may, in the Director's discretion, deny a permit from an |
| | | HB3097 Enrolled | - 12 - | LRB103 28177 CPF 54556 b |
|
| 1 | | applicant with a documented history of misrepresentation or | 2 | | conveying false information to the Department.
| 3 | | If, after inspection, additions or alterations are | 4 | | contemplated which change
a structure, mechanism, | 5 | | classification or capacity, the operator shall notify
the | 6 | | Director of the operator's his intentions in writing and | 7 | | provide any plans or diagrams
requested by the Director.
| 8 | | (Source: P.A. 98-769, eff. 1-1-15 .)
| 9 | | (430 ILCS 85/2-12) (from Ch. 111 1/2, par. 4062)
| 10 | | Sec. 2-12. Correction notice and order Order for cessation | 11 | | of operation of amusement ride or
attraction. | 12 | | (a) If, upon inspection, the Department determines that an | 13 | | element or elements of an amusement ride or amusement | 14 | | attraction are in violation of this Act or any rules adopted | 15 | | under this Act, the Department may issue a correction notice | 16 | | to the owner or operator, allowing the owner or operator to | 17 | | continue operating the amusement ride or amusement attraction | 18 | | but requiring the owner or operator to address the deficiency | 19 | | and come into compliance with adopted standards by a set | 20 | | deadline. If the owner or operator does not meet the deadline | 21 | | established in the correction notice, the Department may issue | 22 | | a cessation order as described in subsection (a-5) of this | 23 | | Section. | 24 | | (a-5) (a) The Department of Labor
may order, in writing, a | 25 | | temporary and immediate cessation of operation of
any |
| | | HB3097 Enrolled | - 13 - | LRB103 28177 CPF 54556 b |
|
| 1 | | amusement ride or amusement attraction , also known as a "stop | 2 | | order", if:
| 3 | | (1) it has been determined
after
inspection to be | 4 | | hazardous or unsafe;
| 5 | | (2) it is in operation before the Director
has issued | 6 | | a permit to operate such equipment; or
| 7 | | (3) the owner or operator is not in compliance with | 8 | | any of the insurance
requirements contained in
Section | 9 | | 2-14 of this Act or and any rules or regulations adopted | 10 | | under this Act hereunder .
| 11 | | (b) After the cessation of operation, operation Operation | 12 | | of the
amusement ride or
amusement attraction shall not resume | 13 | | until:
| 14 | | (1) the unsafe or hazardous
condition is corrected to | 15 | | the satisfaction of the Director or such inspector ;
| 16 | | (2) the Director has issued a permit to operate such | 17 | | equipment; or
| 18 | | (3) the
owner or operator is in compliance with the | 19 | | insurance requirements contained in
Section 2-14 of this | 20 | | Act and any rules or regulations adopted under this Act | 21 | | hereunder, respectively . | 22 | | (c) The Department shall notify the owner or operator in | 23 | | writing , via certified mail, service by sheriff, personal | 24 | | service, or in person, of the grounds for the cessation of | 25 | | operation of the amusement ride or attraction and of the | 26 | | conditions in need of correction at the time the order for |
| | | HB3097 Enrolled | - 14 - | LRB103 28177 CPF 54556 b |
|
| 1 | | cessation is issued. The Department may also notify the county | 2 | | sheriff or other local law enforcement where the amusement | 3 | | enterprise is operated that the Department has issued a | 4 | | cessation order to that enterprise. The Department shall post | 5 | | or shall require the owner or operator to post a notice at the | 6 | | entrance to the amusement enterprise stating that a cessation | 7 | | order has been issued for the attraction. The notice shall | 8 | | remain posted until the cessation order has been lifted by the | 9 | | Department. | 10 | | (c-5) Upon request by the Department, the Illinois State | 11 | | Police or local law enforcement may enforce a cessation order. | 12 | | (d) The owner or operator may appeal an order of cessation | 13 | | by filing a request for a hearing. The Department shall afford | 14 | | the owner or operator 10 business working days after the date | 15 | | of the notice to request a hearing. Upon written request for | 16 | | hearing, the Department shall schedule a formal administrative | 17 | | hearing in compliance with Article 10 of the Illinois | 18 | | Administrative Procedure Act and pursuant to the provisions of | 19 | | the Department's rules of procedure in administrative | 20 | | hearings, except that formal discovery, such as production | 21 | | requests, interrogatories, requests to admit, and depositions | 22 | | will not be allowed. The parties shall exchange documents and | 23 | | witness lists prior to hearing and may request third party | 24 | | subpoenas to be issued. | 25 | | (e) The final determination by the Department of Labor | 26 | | shall be rendered within 5 business working days after the |
| | | HB3097 Enrolled | - 15 - | LRB103 28177 CPF 54556 b |
|
| 1 | | conclusion of the hearing. | 2 | | (f) The provisions of the Administrative Review Law shall | 3 | | apply to and govern all proceedings for the judicial review of | 4 | | a final determination under this Section.
| 5 | | (Source: P.A. 98-541, eff. 8-23-13; 98-756, eff. 7-16-14; | 6 | | 99-78, eff. 7-20-15.)
| 7 | | (430 ILCS 85/2-14) (from Ch. 111 1/2, par. 4064)
| 8 | | Sec. 2-14. No person shall operate an amusement ride or | 9 | | attraction unless
there is in force a liability insurance | 10 | | policy
or policies in an amount of not less than $1,000,000 for | 11 | | bodily
injury to or death of one or more persons, damage to or | 12 | | destruction of property of others, or a combination thereof, | 13 | | and, subject to the per occurrence
limit, in an aggregate | 14 | | amount of not less than $2,000,000 for bodily
injury to or | 15 | | death of two or more persons, or damage to or destruction of | 16 | | property of others, in any one policy period, insuring the | 17 | | operator against liability for
injury, death, or property | 18 | | damage. Any owner or operator applying for a permit or renewal | 19 | | must present proof of this insurance at the time of the | 20 | | inspection required under Section 2-10.
| 21 | | (Source: P.A. 98-541, eff. 8-23-13.)
| 22 | | (430 ILCS 85/2-15) (from Ch. 111 1/2, par. 4065)
| 23 | | Sec. 2-15. Penalties. | 24 | | (a) Criminal penalties. |
| | | HB3097 Enrolled | - 16 - | LRB103 28177 CPF 54556 b |
|
| 1 | | 1. Any person who operates an amusement ride or | 2 | | amusement attraction at
a carnival, amusement enterprise, | 3 | | or fair without having obtained
a permit from the | 4 | | Department or who violates any cessation order or other | 5 | | order or rule issued by the Department
under this Act is | 6 | | guilty of a Class A misdemeanor. Each
day shall constitute | 7 | | a separate and distinct offense.
| 8 | | 2. Any person who interferes with, impedes, or | 9 | | obstructs in any manner
the Director or any authorized | 10 | | representative of the Department
in the performance of | 11 | | their duties under this Act is guilty
of a Class A | 12 | | misdemeanor.
| 13 | | (b) Civil penalties. Unless otherwise provided in this | 14 | | Act, any person who operates an amusement ride or amusement | 15 | | attraction without having obtained a permit from the | 16 | | Department in violation of this Act is subject to a civil | 17 | | penalty not to exceed $2,500 per violation per day for a first | 18 | | violation , a civil penalty and not to exceed $5,000 per | 19 | | violation per day for a second violation, and a civil penalty | 20 | | not to exceed $10,000 per violation per day for a third or | 21 | | subsequent violation. Each amusement ride or amusement | 22 | | attraction operated in violation of this Act shall be a | 23 | | separate violation. Any amusement ride or amusement attraction | 24 | | owner or operator who violates any other provision of this Act | 25 | | or rule adopted under this Act shall be subject to a civil | 26 | | penalty not to exceed $1,000 per violation. |
| | | HB3097 Enrolled | - 17 - | LRB103 28177 CPF 54556 b |
|
| 1 | | Prior to any determination, or the imposition of any civil | 2 | | penalty, under this subsection (b), the Department shall | 3 | | notify the owner or operator in writing of the alleged | 4 | | violation. The Department shall afford the owner or operator | 5 | | 10 business working days after the date of the notice to | 6 | | request a hearing. Upon written request for a hearing of the | 7 | | operator , the Department shall schedule a formal | 8 | | administrative hearing in compliance with Article 10 of the | 9 | | Illinois Administrative Procedure Act and the Department's | 10 | | rules of procedure in administrative hearings, except that | 11 | | formal discovery, such as production requests, | 12 | | interrogatories, requests to admit, and depositions shall not | 13 | | be allowed. The parties shall exchange documents and witness | 14 | | lists prior to hearing and may request third party subpoenas | 15 | | to be issued. The final determination by the Department of | 16 | | Labor shall be rendered within 5 business working days after | 17 | | the conclusion of the hearing. Final determinations made under | 18 | | this Section are subject to the provisions of the | 19 | | Administrative Review Law. In determining the amount of a | 20 | | penalty, the Director may consider the appropriateness of the | 21 | | penalty to the person or entity charged, upon determination of | 22 | | the gravity of the violation. The penalties, when finally | 23 | | determined, may be recovered in a civil action brought by the | 24 | | Department Director of Labor in any circuit court. In such | 25 | | civil this litigation, the Department Director of Labor shall | 26 | | be represented by the Attorney General. |
| | | HB3097 Enrolled | - 18 - | LRB103 28177 CPF 54556 b |
|
| 1 | | (Source: P.A. 98-541, eff. 8-23-13; 98-756, eff. 7-16-14; | 2 | | 98-769, eff. 1-1-15 .)
| 3 | | (430 ILCS 85/2-15.1) (from Ch. 111 1/2, par. 4065.1)
| 4 | | Sec. 2-15.1.
When contracting with any Any person or | 5 | | entity contracting with an operator for the
provision of an | 6 | | amusement ride or amusement attraction , the amusement ride or | 7 | | amusement attraction owner or operator shall inform the
| 8 | | Department of the name and address of the operator, as well as
| 9 | | the dates on which the amusement ride or amusement attraction | 10 | | will be
operated pursuant to the contract , the person or | 11 | | entity contracting with the owner or operator, and the | 12 | | location at which such ride or
attraction will be so operated.
| 13 | | (Source: P.A. 84-533.)
| 14 | | (430 ILCS 85/2-15.2) | 15 | | Sec. 2-15.2. Injunction to compel compliance. | 16 | | (a) The Department shall have the power to seek bring | 17 | | injunctive relief proceedings in any court of competent | 18 | | jurisdiction to compel compliance with any order issued made | 19 | | by the Department under this Act. | 20 | | (b) The Department shall also have the power to seek bring | 21 | | temporary and immediate injunctive relief in any court of | 22 | | competent jurisdiction when necessary for the protection of | 23 | | the health and safety of the general public using amusement | 24 | | rides and amusement attractions. In such matters, the |
| | | HB3097 Enrolled | - 19 - | LRB103 28177 CPF 54556 b |
|
| 1 | | Department shall be represented by the Attorney General.
| 2 | | (Source: P.A. 98-541, eff. 8-23-13.) | 3 | | (430 ILCS 85/2-15.3) | 4 | | Sec. 2-15.3. Amusement Ride and Patron Safety Fund. All | 5 | | moneys received by the Department as fees and penalties under | 6 | | this Act shall be deposited into the Amusement Ride and Patron | 7 | | Safety Fund and shall be used by the Department, subject to | 8 | | appropriation by the General Assembly, in addition to any | 9 | | General Revenue funds, for administration, investigation, and | 10 | | other expenses incurred in carrying out its powers and duties | 11 | | under this Act , including costs related to the Board . The | 12 | | Department shall hire as many ride inspectors and other | 13 | | personnel as may be necessary to carry out the purposes of this | 14 | | Act. Any moneys in the Fund at the end of a fiscal year in | 15 | | excess of those moneys necessary for the Department to carry | 16 | | out its powers and duties under this Act shall be available to | 17 | | the Department for the next fiscal year for any of the | 18 | | Department's duties and may be transferred from the Amusement | 19 | | Ride and Patron Safety Fund to the various accounts available | 20 | | to the Department, as needed.
| 21 | | (Source: P.A. 98-541, eff. 8-23-13.)
| 22 | | (430 ILCS 85/2-16) (from Ch. 111 1/2, par. 4066)
| 23 | | Sec. 2-16. Exemptions. The following amusement rides or | 24 | | amusement
attractions are exempt from the provisions of this |
| | | HB3097 Enrolled | - 20 - | LRB103 28177 CPF 54556 b |
|
| 1 | | Act:
| 2 | | Any amusement ride or amusement attraction which is owned | 3 | | or operated
by a non-profit religious, educational or | 4 | | charitable institution or association
if such amusement ride | 5 | | or amusement attraction is located within a building
subject | 6 | | to inspection
by the state fire marshal or by any political | 7 | | subdivisions of the State
under its building, fire, | 8 | | electrical, and related public safety ordinances, and the | 9 | | amusement ride or amusement attraction itself has passed an is | 10 | | subject to inspection by a political subdivision of the State | 11 | | in accordance with Section 2-17.
| 12 | | (Source: P.A. 96-151, eff. 8-7-09.)
| 13 | | (430 ILCS 85/2-17) (from Ch. 111 1/2, par. 4067)
| 14 | | Sec. 2-17.
A municipality within its corporate limits and | 15 | | a county
within unincorporated areas within its boundaries may | 16 | | inspect, license or regulate
any amusement ride or amusement | 17 | | attraction operated at a carnival, amusement enterprise, or | 18 | | fair,
provided that any safety standards or regulations | 19 | | implemented by a
municipality or county in connection | 20 | | therewith shall be at least as
stringent as those provided for | 21 | | in this Act and the rules and regulations
adopted hereunder. | 22 | | An owner or operator may use a report of such municipal or | 23 | | county inspection to support a request for a waiver of | 24 | | Department inspection under Section 2-18. Any municipality or | 25 | | county which inspects, licenses, or
otherwise regulates |
| | | HB3097 Enrolled | - 21 - | LRB103 28177 CPF 54556 b |
|
| 1 | | amusement rides or amusement attractions may impose
reasonable | 2 | | fees to cover the costs thereof.
| 3 | | (Source: P.A. 98-769, eff. 1-1-15 .)
| 4 | | (430 ILCS 85/2-18) (from Ch. 111 1/2, par. 4068)
| 5 | | Sec. 2-18. Waiver of inspection. The Director may waive | 6 | | the requirement
that an amusement ride or amusement attraction | 7 | | or any part thereof be
inspected before being operated, and | 8 | | may waive any applicable fees for inspection, if an
operator | 9 | | gives satisfactory proof to the Director that the amusement | 10 | | ride
or amusement attraction or any part thereof has passed an | 11 | | inspection
conducted by a public or private agency whose | 12 | | inspection standards and
requirements are at least as | 13 | | stringent as equal to those requirements and standards
| 14 | | established by the Department under the provisions of this | 15 | | Act. The Department may compel any documentation or evidence | 16 | | necessary to prove compliance with the requirements of Section | 17 | | 2-17. The annual
permit fees shall be paid before the Director | 18 | | may waive this requirement.
| 19 | | (Source: P.A. 94-801, eff. 5-25-06.)
| 20 | | (430 ILCS 85/2-19) (from Ch. 111 1/2, par. 4069)
| 21 | | Sec. 2-19. The owner or operator of an amusement ride or | 22 | | amusement
attraction may remove a person from or deny a person | 23 | | entry to an amusement ride or amusement
attraction if, in the | 24 | | owner's or operator's opinion, the entry or conduct may
|
| | | HB3097 Enrolled | - 22 - | LRB103 28177 CPF 54556 b |
|
| 1 | | jeopardize the safety of such person or the safety of any other | 2 | | person.
Nothing in this Section will permit an owner or | 3 | | operator to deny a ride an
inspector access to an amusement | 4 | | ride or amusement attraction when such
ride inspector is | 5 | | acting within the scope of the ride inspector's his duties | 6 | | under this Act.
| 7 | | (Source: P.A. 96-151, eff. 8-7-09; 96-1000, eff. 7-2-10.)
| 8 | | (430 ILCS 85/2-20) | 9 | | Sec. 2-20. Employment of carnival and amusement enterprise | 10 | | workers. | 11 | | (a) Beginning on January 1, 2008, no person, firm, | 12 | | corporation, or other entity that owns or operates a carnival, | 13 | | amusement enterprise, or fair shall allow a person to perform | 14 | | work associated with an amusement ride or amusement | 15 | | attraction, including any volunteer work, employ a carnival or | 16 | | amusement enterprise worker who (i) has been convicted of any | 17 | | offense set forth in Article 11 of the Criminal Code of 1961 or | 18 | | the Criminal Code of 2012, (ii) is a registered sex offender, | 19 | | as defined in the Sex Offender Registration Act, or (iii) has | 20 | | ever been convicted of any offense set forth in Article 9 of | 21 | | the Criminal Code of 1961 or the Criminal Code of 2012. | 22 | | (b) A person, firm, corporation, or other entity that owns | 23 | | or operates a carnival, amusement enterprise, or fair must | 24 | | conduct a criminal history records check and perform a check | 25 | | of the National Sex Offender Public Registry for carnival or |
| | | HB3097 Enrolled | - 23 - | LRB103 28177 CPF 54556 b |
|
| 1 | | amusement enterprise workers at the time they are hired, and | 2 | | annually thereafter except if they are in the continued employ | 3 | | of the entity. | 4 | | The criminal history records check performed under this | 5 | | subsection (b) shall be performed by the Illinois State | 6 | | Police, another State or federal law enforcement agency, or a | 7 | | business belonging to the National Association of Professional | 8 | | Background Check Screeners Association . Any criminal history | 9 | | checks performed by the Illinois State Police shall be | 10 | | performed pursuant to the Illinois Uniform Conviction | 11 | | Information Act. | 12 | | Individuals who are under the age of 17 are exempt from the | 13 | | criminal history records check requirements set forth in this | 14 | | subsection (b). | 15 | | (c) Any person, firm, corporation, or other entity that | 16 | | owns or operates a carnival, amusement enterprise, or fair | 17 | | must have a substance abuse policy in place for its workers, | 18 | | which shall include random drug testing of carnival or | 19 | | amusement enterprise workers. | 20 | | (d) Any person, firm, corporation, or other entity that | 21 | | owns or operates a carnival, amusement enterprise, or fair | 22 | | that violates the provisions of subsection (a) of this Section | 23 | | or fails to conduct a criminal history records check or a sex | 24 | | offender registry check for carnival or amusement enterprise | 25 | | workers in its employ, as required by subsection (b) of this | 26 | | Section, or fails to maintain a substance abuse policy as |
| | | HB3097 Enrolled | - 24 - | LRB103 28177 CPF 54556 b |
|
| 1 | | required by subsection (c) of this Section shall be assessed a | 2 | | civil penalty in an amount not to exceed $5,000 for a first | 3 | | offense, shall be assessed a civil penalty in an amount not to | 4 | | exceed $10,000 for a second offense, and a subsequent offense | 5 | | shall result in the revocation of a permit to operate in | 6 | | accordance with Section 2-8.1. The collection of these | 7 | | penalties shall be enforced in a civil action brought by the | 8 | | Attorney General on behalf of the Department. | 9 | | (e) Unless the owner or operator knew or reasonably should | 10 | | have known that the information was falsified, a A carnival, | 11 | | amusement enterprise, or fair owner is not responsible for the | 12 | | accuracy of : | 13 | | (1) any personal information submitted by a carnival | 14 | | or amusement enterprise worker for criminal history | 15 | | records check purposes; or | 16 | | (2) any information provided by a third party for a | 17 | | criminal history records check or a sex offender registry | 18 | | check. | 19 | | (f) Recordkeeping requirements. Any person, firm, | 20 | | corporation, or other entity that owns or operates a carnival, | 21 | | amusement enterprise, or fair subject to the provisions of | 22 | | this Act shall make, preserve, and make available to the | 23 | | Department, upon its request, all records that are required by | 24 | | this Act, including but not limited to a written substance | 25 | | abuse policy, evidence of the required criminal history | 26 | | records check and sex offender registry check, and any other |
| | | HB3097 Enrolled | - 25 - | LRB103 28177 CPF 54556 b |
|
| 1 | | information the Director may deem necessary and appropriate | 2 | | for enforcement of this Act. | 3 | | (g) A carnival, amusement enterprise, or fair owner shall | 4 | | not be liable to any employee in carrying out the requirements | 5 | | of this Section.
| 6 | | (h) At all times that an amusement ride or amusement | 7 | | attraction is in use, an owner or operator shall ensure that at | 8 | | least one operator working on site has been certified to | 9 | | provide First Aid and cardiopulmonary resuscitation (CPR). | 10 | | (Source: P.A. 100-944, eff. 1-1-19 .) | 11 | | (430 ILCS 85/2-21 rep.) | 12 | | Section 10. The Amusement Ride and Attraction Safety Act | 13 | | is amended by repealing Section 2-21.
| | | | HB3097 Enrolled | - 26 - | LRB103 28177 CPF 54556 b |
|
| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 430 ILCS 85/2-2 | from Ch. 111 1/2, par. 4052 | | 4 | | 430 ILCS 85/2-3 | from Ch. 111 1/2, par. 4053 | | 5 | | 430 ILCS 85/2-4 | from Ch. 111 1/2, par. 4054 | | 6 | | 430 ILCS 85/2-6 | from Ch. 111 1/2, par. 4056 | | 7 | | 430 ILCS 85/2-7 | from Ch. 111 1/2, par. 4057 | | 8 | | 430 ILCS 85/2-8 | from Ch. 111 1/2, par. 4058 | | 9 | | 430 ILCS 85/2-8.1 | | | 10 | | 430 ILCS 85/2-9 | from Ch. 111 1/2, par. 4059 | | 11 | | 430 ILCS 85/2-10 | from Ch. 111 1/2, par. 4060 | | 12 | | 430 ILCS 85/2-12 | from Ch. 111 1/2, par. 4062 | | 13 | | 430 ILCS 85/2-14 | from Ch. 111 1/2, par. 4064 | | 14 | | 430 ILCS 85/2-15 | from Ch. 111 1/2, par. 4065 | | 15 | | 430 ILCS 85/2-15.1 | from Ch. 111 1/2, par. 4065.1 | | 16 | | 430 ILCS 85/2-15.2 | | | 17 | | 430 ILCS 85/2-15.3 | | | 18 | | 430 ILCS 85/2-16 | from Ch. 111 1/2, par. 4066 | | 19 | | 430 ILCS 85/2-17 | from Ch. 111 1/2, par. 4067 | | 20 | | 430 ILCS 85/2-18 | from Ch. 111 1/2, par. 4068 | | 21 | | 430 ILCS 85/2-19 | from Ch. 111 1/2, par. 4069 | | 22 | | 430 ILCS 85/2-20 | | | 23 | | 430 ILCS 85/2-21 rep. | |
| |
|