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| [ Senate Amendment 001 ] |
90_SB0085
New Act
Creates the Amusement Rider Responsibility Act. Requires
an owner of an amusement facility, amusement park, or
temporary traveling carnival to post signs that include the
location of the station for reporting an injury or accident
and the location of a first aid station. Provides that the
owner shall post a sign at each amusement ride that states
operational instructions, safety guidelines, and certain
warnings as to rider responsibilities. Permits the operator
of a ride to prevent a rider who is perceived to be unable to
safely ride due to physical or mental condition, or under the
influence of alcohol or drugs from boarding or riding an
amusement ride. Bars recovery for damages from an amusement
facility, amusement park, temporary traveling carnival, or
amusement ride manufacturer for personal injury, death, or
property damage sustained by a rider if the rider violated
rider responsibility provisions of the Act. Requires an
injured rider to file a written report of injury before
leaving the park as a condition precedent to bringing suit;
provides exceptions. Establishes various classes of
misdemeanor penalties. Effective immediately.
LRB9001398WHmg
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1 AN ACT in relation to amusement rides, devices, and
2 attractions.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Amusement Rider Responsibility Act.
7 Section 5. Legislative findings. The General Assembly
8 finds and declares that:
9 (a) The amusement industry, including amusement parks,
10 water based recreational amusements, temporary traveling
11 carnivals, go karts, and downhill skiing, attracts a large
12 number of citizens of this State and also attracts to this
13 State a large number of non-residents, significantly
14 contributing to the tourist industry and tax base of this
15 State.
16 (b) The safety of the public using amusement rides or
17 devices is an important matter of public policy.
18 (c) There are inherent risks associated with all
19 machinery, equipment, or animals that are impractical or
20 impossible for an amusement ride or device owner and an
21 amusement ride or device manufacturer to eliminate with all
22 reasonable safety precautions, and the overall safety of the
23 citizens of this State would be greatly enhanced if riders
24 recognize these inherent risks and behave in a manner
25 conducive to their own protection and the protection of
26 others.
27 (d) The safety of amusement rides or devices is well
28 protected by existing safety and inspection requirements
29 under both statutes and regulations. This Act recognizes
30 that there are inherent safety risks that are unavoidable and
31 must be borne by those who use amusement rides or devices.
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1 This Act states those risks an amusement rider voluntarily
2 assumes for which there can be no legal recovery and
3 establishes certain responsibilities for those riders.
4 (e) The owners of many amusement parks and temporary
5 traveling carnivals face great difficulty in obtaining
6 liability insurance coverage at an affordable cost. The lack
7 of affordable insurance coverage affects not only owners but
8 also patrons who may suffer personal injury or property
9 damage as a result of accidents that occur on the premises of
10 an amusement park and temporary traveling carnival. To make
11 it more economically feasible for insurance companies to
12 provide coverage at an affordable rate to the owners,
13 occurrences resulting in liability to the owners should be
14 more predictable by limiting the liability that may be
15 incurred by the owners and encouraging the development and
16 implementation of risk reduction techniques. This Act shall
17 be liberally construed to best carry out its purposes.
18 Section 10. Definitions. As used in this Act:
19 (a) "Amusement facility", "amusement park", and
20 "temporary traveling carnival" mean any person, firm, or
21 corporation that owns, leases, manages, or operates an
22 amusement park or amusement ride or device or attraction.
23 (b) "Amusement attraction" means an enclosed building or
24 structure, including electrical equipment which is an
25 integral part of the building or structure, through which
26 people walk without the aid of any moving device, that
27 provides amusement, thrills or excitement.
28 (c) "Amusement ride or device" means:
29 (1) any mechanized device or combination of
30 devices, including electrical equipment that is an
31 integral part of the device or devices, which carries
32 passengers along, around, or over a fixed or restricted
33 course for the primary purpose of giving its passengers
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1 amusement, pleasure, thrills, or excitement;
2 (2) any ski lift, rope tow, or other device used to
3 transport snow skiers;
4 (3) any water slide, or water amusement ride or
5 device in a water amusement area, not regulated by the
6 Department of Public Health under the Youth Camp Act, the
7 Campground Licensing and Recreational Area Act, or the
8 Swimming Pool and Bathing Beach Act;
9 (4) any dry slide over 20 feet in height, alpine
10 slide, or toboggan slide;
11 (5) any tram, open car, or combination of open cars
12 or wagons pulled by a tractor or other motorized device
13 which is not licensed by the Secretary of State, which
14 may, but does not necessarily follow a fixed or
15 restricted course, and is used primarily for the purpose
16 of giving its passengers amusement, pleasure, thrills or
17 excitement, and for which an individual fee is charged or
18 a donation accepted with the exception of hayrack rides;
19 (6) any aerial tramway; or
20 (7) any bungee cord or similar elastic device.
21 (d) "Temporary traveling carnival or carnival" means an
22 enterprise which offers amusement or entertainment to the
23 public by means of one or more amusement attractions or
24 amusement rides or devices which are transported from place
25 to place.
26 (e) "Operator" means a person, or the agent of a person,
27 who owns or controls or has the duty to control the operation
28 of an amusement ride or an amusement attraction at a carnival
29 or fair. "Operator" includes an agency of the State or any
30 of its political subdivisions and any sponsors of an
31 amusement ride or an amusement attraction at a carnival or
32 fair.
33 (f) "Amusement ride or attraction manufacturer" means
34 any person, firm, partnership, or corporation that designs,
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1 constructs, erects, produces, creates, rebuilds, alters, or
2 distributes amusement rides or devices or amusement
3 attractions.
4 (g) "Premises" means the area on which an amusement
5 facility, amusement park, or temporary traveling carnival is
6 located and the area immediately adjacent (no more than 100
7 feet away) from the amusement ride or device.
8 (h) "Rider" means any person who is lawfully:
9 (1) waiting to get on an amusement ride or device;
10 (2) getting on an amusement ride or device;
11 (3) using an amusement ride or device;
12 (4) getting off an amusement ride or device; or
13 (5) leaving an amusement ride or device and still
14 in its immediate vicinity.
15 "Rider" does not include an employee, agent, or servant
16 of the amusement owner while he or she is acting under the
17 direction of the owner in furtherance of any job duty.
18 Section 15. Existing law. Nothing in this Act shall be
19 construed as limiting or otherwise affecting the liability
20 and responsibility of an amusement facility, amusement park,
21 temporary traveling carnival or amusement ride or device or
22 attraction manufacturer under the Carnival and Amusement
23 Rides Safety Act or the rules adopted under that Act. In
24 addition, nothing in this Act shall be construed as limiting
25 or otherwise affecting the responsibility and liability of an
26 amusement facility, amusement park, or temporary traveling
27 carnival to provide reasonable supervision of riders.
28 Section 20. Operator responsibilities; notice to riders.
29 (a) General premises signs. Every amusement facility,
30 amusement park, and temporary traveling carnival owner shall
31 post signs in at least 3 locations on the premises. Each
32 sign must include the location of the station for reporting
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1 an injury or accident, and the location of the first aid
2 station. The amusement facility, amusement park, or
3 temporary traveling carnival shall designate at least one
4 location on the premises for reporting an injury or accident
5 so located that no area containing amusement rides, devices,
6 or attractions is further than three-eighths of a mile from a
7 reporting location unless transportation is available to
8 carry or convey people to the reporting site.
9 (b) Individual amusement ride or device signs.
10 Amusement facility, amusement park, and temporary traveling
11 carnival owners shall post a sign at each amusement ride or
12 device or attraction that states:
13 (1) operational instructions, if any;
14 (2) safety guidelines for riders, if any;
15 (3) rider height, medical, or other restrictions on
16 the use of the amusement ride or device or attraction, if
17 any; and
18 (4) the following legend: "State law requires
19 riders to obey all warnings and directions for this ride
20 and behave in a manner that will not cause or contribute
21 to injuring themselves or others. Riders must report
22 injuries before leaving the ride. Failure to comply is
23 punishable by fine or imprisonment or both."
24 (c) Signs required by this Section shall be:
25 (1) prominently placed at a conspicuous location;
26 and
27 (2) clearly visible and legible.
28 If the amusement ride or device is to be operated after
29 sundown, each sign required by this Section shall be
30 illuminated so that it is readily visible at a distance of
31 not less than 15 feet from the location of the sign.
32 Section 25. Rider responsibilities.
33 (a) Riders shall conduct themselves within the limits of
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1 their individual size and ability and shall not act in a
2 manner that may cause or contribute to the injury of
3 themselves or others. A rider shall at a minimum:
4 (1) refrain from boarding or dismounting from an
5 amusement ride or device except at a designated area, if
6 one is provided, except at the express instruction of the
7 ride attendant or employee of the amusement facility,
8 amusement park, or temporary traveling carnival;
9 (2) refrain from throwing, dropping or expelling
10 any objects from or toward any amusement ride or device;
11 (3) refrain from acting in a manner contrary to
12 posted and stated rules while standing in line to board,
13 boarding, riding on, dismounting, or departing from an
14 amusement ride or device;
15 (4) refrain from engaging in any act or activity of
16 horseplay or frolic which may tend to injure himself or
17 herself or others;
18 (5) while using amusement rides or devices that
19 require self-steering or control, maintain reasonable
20 speed at all times and unless the ride is specifically
21 designed otherwise shall at all times stay clear of other
22 equipment, persons, or riders and under all
23 circumstances, shall not steer the ride in such a manner
24 as to intentionally harm another;
25 (6) refrain from disconnecting, disabling, or
26 attempting to disconnect or disable any safety device,
27 seat belt, harness, or other restraining device except at
28 the express instruction of the ride attendant or employee
29 of the amusement facility, amusement park, or temporary
30 traveling carnival;
31 (7) refrain from disembarking or attempting to
32 disembark from any amusement ride or device before,
33 during, or after movement of a ride has started except
34 upon the express instruction of the ride attendant or
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1 employee of the amusement facility, amusement park, or
2 temporary traveling carnival;
3 (8) refrain from altering or enhancing the intended
4 speed, course, or direction of a ride by using any
5 unauthorized device, instrument, or method;
6 (9) refrain from boarding an amusement ride or
7 device unless the rider has sufficient knowledge,
8 understanding and ability to use the ride. If the rider
9 does not possess sufficient knowledge, understanding and
10 ability, the rider must request and receive written or
11 oral instructions prior to using the ride or device; and
12 (10) refrain from attempting to gain access to the
13 controls of an amusement ride or device designed solely
14 to be operated by a ride attendant or employee of the
15 amusement park or temporary carnival.
16 (b) A rider under the age of 13 years is assumed to have
17 a parent or legal guardian who has read and explained the
18 posted rules to the child and the child is assumed to
19 understand and follow the appropriate conduct. A person at
20 least 13 years of age entering into a controlled area without
21 authority or approval, or embarking on an amusement ride or
22 device without authority, or failing to pay consideration for
23 its use, shall be considered a trespasser.
24 Section 30. Rider qualifications. A person shall not
25 get on or attempt to get on an amusement ride or device
26 unless the person, at a minimum:
27 (a) has sufficient knowledge to use, get on, or get off
28 the amusement ride or device safely without instruction or
29 the person has requested and received before getting on the
30 ride sufficient information to get on, use, or get off
31 safely;
32 (b) has located, reviewed, and understood any signs in
33 the vicinity of the ride and has satisfied any posted height,
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1 medical, or other restrictions;
2 (c) knows the range and limits of his or her ability and
3 is aware that the requirements of the amusement ride or
4 device will not exceed those limits;
5 (d) is not under the influence of alcohol or any drug or
6 substance that affects the person's ability to safely use the
7 amusement ride or device or obey the posted rules or oral
8 instructions; and
9 (e) is authorized by the amusement owner or his or her
10 authorized servant, agent, or employee to get on the
11 amusement ride or device.
12 Section 35. Operator's right to refuse admission.
13 (a) The operator of the amusement ride or device may
14 prevent a rider who is perceived to be under the influence of
15 drugs or alcohol from boarding or riding an amusement ride or
16 device.
17 (b) The operator of the amusement ride or device may
18 prevent a rider who is perceived to be unable to safely ride
19 the amusement ride or device due to a physical or mental
20 condition from boarding or riding such ride or device. For
21 purposes of this subsection (b), a rider is unable to safely
22 ride the amusement ride or device if he or she would pose a
23 threat to his or her own safety or the safety of those in or
24 around the amusement ride or device.
25 Section 40. Assumption of risk.
26 (a) A rider is deemed to have knowledge of and to assume
27 the inherent risks of amusement rides or devices or
28 attractions. Each rider is assumed to know the range of his
29 or her abilities, and it is the duty of each rider to conduct
30 himself or herself within the limits of such ability and the
31 provisions set forth in Section 25 of this Act.
32 (b) A person may not recover damages from an amusement
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1 facility, amusement park, temporary traveling carnival or
2 amusement ride or device manufacturer for personal injury,
3 death, or property damage sustained by a rider if the rider
4 violated any provision of Section 25 of this Act or any rules
5 promulgated under that Section.
6 (c) An operator who prevents a rider from boarding or
7 riding on an amusement ride under subsections (a) and (b) of
8 Section 35 of this Act shall not be criminally or civilly
9 liable if the operator has a reasonable basis for believing
10 that the rider was, at the time of attempted boarding or
11 riding, under the influence of drugs or alcohol or in a
12 condition which made him or her unable to safely ride the
13 amusement ride or device.
14 Section 45. Bar of suit; complete defense. The
15 assumption of risk set forth in Section 40 is a complete bar
16 to a suit and is a complete defense to a suit against an
17 operator or manufacturer of an amusement ride or device or
18 attraction by a rider or other person for injuries resulting
19 from the assumed risks of riding unless the operator or
20 manufacturer has violated his or her duties under this Act.
21 Section 50. Accident or injury reporting requirements.
22 (a) As a condition precedent to bringing any suit in
23 connection with an accident or injury, a rider shall report
24 in writing to the amusement facility, amusement park, or
25 temporary traveling carnival all details of any injury
26 sustained on an amusement ride or device or attraction before
27 leaving the amusement facility, amusement park, or temporary
28 traveling carnival's premises, including:
29 (1) the name, address, and phone number of the
30 injured person;
31 (2) a brief description of the incident, the
32 injuries claimed, and the location, date, and time of the
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1 injury;
2 (3) the cause of the injury, if known; and
3 (4) the names, addresses, and phone numbers of any
4 witnesses to the incident.
5 If the rider is unsure of his or her physical condition
6 at the time of the incident and fails to report an injury
7 before leaving the premises, the rider shall provide the
8 written report required by this Section within 7 calendar
9 days immediately following the incident. The report shall be
10 provided to the amusement facility, amusement park or
11 temporary traveling carnival unless the location of that
12 entity has changed. If the location has changed, the rider
13 may provide this written report to the Illinois Department of
14 Labor. If the rider is unable to file a report because of the
15 severity of his or her injuries, the rider shall file the
16 report as soon as reasonably possible, but no later than 90
17 calendar days after the injury.
18 (b) The condition precedent in subsection (a) shall not
19 apply unless the amusement facility, amusement park, or
20 temporary traveling carnival complies with the requirements
21 of Section 20 of this Act for conspicuous placement of signs
22 denoting the location for reporting an injury or accident.
23 Section 55. Willful violation causing death; criminal
24 penalties. If a person willfully violates this Act or any
25 rule adopted under this Act and another individual dies as a
26 result of the violation, the person committing the violation
27 is guilty of:
28 (a) a Class B misdemeanor for a first offense; or
29 (b) a Class A misdemeanor for a second or
30 subsequent offense, for which the person shall be fined
31 not more than $500 or imprisoned for more than 6 months
32 but less than one year, or both fined and imprisoned.
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1 Section 60. Criminal penalty; violation of Act. If a
2 person willfully violates this Act or any rule promulgated
3 under this Act, the person is guilty of a Class C misdemeanor
4 and shall be fined not more than $500 or imprisoned for not
5 more than 30 days, or both fined and imprisoned.
6 Section 65. Exclusions. The provisions of this Act do
7 not apply to activities regulated under the Roller Skating
8 Rink Safety Act.
9 Section 90. Severability. The provisions of this Act
10 are severable under Section 1.31 of the Statute on Statutes.
11 Section 199. Effective date. This Act takes effect upon
12 becoming law.