Public Act 098-0541
Public Act 0541 98TH GENERAL ASSEMBLY
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Public Act 098-0541
| | SB2184 Enrolled | LRB098 07681 MGM 37754 b |
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| AN ACT concerning safety.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The State Finance Act is amended by adding | Section 5.826 as follows:
| (30 ILCS 105/5.826 new) | Sec. 5.826. The Amusement Ride and Patron Safety Fund.
| Section 10. The Carnival and Amusement Rides Safety Act is | amended by changing Sections 2-2, 2-6, 2-8, 2-12, 2-14, and | 2-15 and by adding Sections 2-8.1, 2-15.2 and 2-15.3 as | follows:
| (430 ILCS 85/2-2) (from Ch. 111 1/2, par. 4052)
| Sec. 2-2. Definitions. As used in this Act, unless the | context
otherwise requires:
| 1. "Director" means the Director of Labor or his or her | designee.
| 2. "Department" means Department of Labor.
| 3. "Amusement Attraction" means an enclosed building or | structure,
including electrical equipment which is an integral | part of the building or
structure, through which people walk | without the aid of any moving device,
that provides amusement, |
| thrills or excitement at a fair or carnival,
except any such | enclosed building or structure which is subject to the
| jurisdiction of a local building code.
| 4. "Amusement ride" means:
| (a) any mechanized device
or combination of devices, | including electrical equipment which is an
integral part of | the device or devices, which carries passengers along,
| around, or over a fixed or restricted course for the | primary purpose of
giving its passengers amusement, | pleasure, thrills, or excitement;
| (b) any ski lift, rope tow, or other device used to | transport snow
skiers;
| (c) (blank);
| (d) any dry slide over 20 feet in height, alpine slide, | or toboggan
slide;
| (e) any tram, open car, or combination of open cars or | wagons pulled
by a tractor or other motorized device which | is not licensed by the
Secretary of State, which may, but | does not necessarily follow a fixed or
restricted course, | and is used primarily for the purpose of giving its
| passengers amusement, pleasure, thrills or excitement, and | for which an
individual fee is charged or a donation | accepted with the exception of
hayrack rides; or
| (f) any bungee cord or similar elastic device; or . | (g) any inflatable attraction.
| 5. "Carnival" means an enterprise which offers amusement or |
| entertainment
to the public by means of one or more amusement | attractions or amusement rides.
| 6. "Fair" means an enterprise principally devoted to the | exhibition of
products of agriculture or industry in connection | with which
amusement rides or amusement attractions are | operated.
| 7. "Operator" means a person, or the agent of a person, who | owns or
controls or has the duty to control the operation of an | amusement ride or
an amusement attraction at a carnival or | fair. "Operator" includes an
agency of the State or any of its | political subdivisions.
| 8. "Carnival worker" means a person who is employed (and is | therefore not a volunteer) by a carnival or fair to manage, | physically operate, or assist in the operation of an amusement | ride or amusement attraction when it is open to the public.
| 9. "Volunteer" means a person who operates or assists in | the operation of an amusement ride or amusement attraction for | an owner or operator without pay or lodging. An individual | shall not be considered a volunteer if the individual is | otherwise employed by the same owner or operator to perform the | same type of service as those for which the individual proposes | to volunteer. | 10. "Inflatable attraction" means an amusement ride or | device designed for use that may include, but not be limited | to, bounce, climb, slide, or interactive play, which is made of | flexible fabric, is kept inflated by continuous air flow by one |
| or more blowers, and relies upon air pressure to maintain its | shape. | (Source: P.A. 95-397, eff. 8-24-07; 95-687, eff. 10-23-07; | 96-151, eff. 8-7-09.)
| (430 ILCS 85/2-6) (from Ch. 111 1/2, par. 4056)
| Sec. 2-6. (a) The Director, after consultation with the | consent of the Board at a meeting of the Board, shall | promulgate and formulate definitions, rules
and regulations | for the safe installation, repair, maintenance, use, | operation, training standards for operators,
and inspection of | all amusement rides and amusement attractions as the
Director | finds necessary for the protection of
the general public using | amusement rides and amusement attractions. These rules and | standards shall be adopted pursuant to the procedures set forth | in the Illinois Administrative Procedure Act. The rules shall | be
based upon generally accepted engineering standards and | shall be concerned
with, but not necessarily limited to, | engineering force stresses, safety
devices, and preventive | maintenance. Whenever such standards are available
in suitable | form they may be incorporated by reference. The rules shall
| provide for the reporting of accidents and injuries incurred | from the operation
of amusement rides or amusement attractions.
| In addition to the permit fee herein provided, the Director may | promulgate
rules to establish a schedule of fees for | inspections.
|
| (b) After consultation with the Board, the Director is | authorized to adopt by reference, in whole or in part, any | code, standard, or bulletin issued by a nationally or | internationally recognized organization, such as the Consumer | Product Safety Commission or ASTM International, after a | finding that the adoption of the code, standard, or bulletin | would promote the purposes of this Act. | Before adopting, modifying or amending any rule consistent | with and necessary
for the enforcement of this Act, the | Director shall hold a
public hearing on the proposed rule, | modification or amendment to a
rule. Any interested person may | appear and be heard at the hearing, in person
or by agent or | counsel. The Director shall give the news media notice of
each | hearing at least 30 days in advance of the hearing date and | shall make
available a copy of the proposed rule, or | modification or amendment to a
rule to any person requesting | same. The provisions of this Section are in
addition to all | other existing requirements pertaining to the promulgation
of | administrative rules and regulations.
| (Source: P.A. 94-801, eff. 5-25-06; 95-397, eff. 8-24-07.)
| (430 ILCS 85/2-8) (from Ch. 111 1/2, par. 4058)
| Sec. 2-8. The Director, after consultation with and the | consent of the Board, shall determine a schedule of permit fees | for each
amusement ride or amusement attraction.
| (Source: P.A. 94-801, eff. 5-25-06.)
|
| (430 ILCS 85/2-8.1 new) | Sec. 2-8.1. Suspension and revocation of permit to operate. | (a)
The Department shall have the power to suspend or | revoke an owner's permit for any good cause under the meaning | and purpose of this Act. If a person whose permit has been | suspended or revoked, or whose application for a permit has | been denied, believes that the violation or condition | justifying suspension, revocation, or denial of the permit does | not exist, the person may apply to the Department for | reconsideration through a hearing within 10 working days after | the Department's action. A hearing shall be scheduled, unless | otherwise mutually agreed by the parties, within 48 hours after | the request for hearing. | (b) Service of notice of a hearing shall be made by | personal service or certified mail to the address shown on the | application for permit, or to any other address on file with | the Department and reasonably believed to be the current | address of the permit holder. | (c) The written notice of a hearing shall specify the time, | date, and location of the hearing and the reasons for the | action proposed by the Department. | (d) At the hearing, the Department shall have the burden of | establishing good cause for its action. Good cause exists if | the Department establishes that the permit holder has failed to | comply with the requirements of a permit under this Act and its |
| rules. | (e) All hearings held under this Section shall comply with | Article 10 of the Administrative Procedure Act and the | Department's rules of procedure in administrative hearings, | except that formal discovery, such as production requests, | interrogatories, requests to admit, and depositions shall not | be allowed. The parties shall exchange documents and witness | lists prior to hearing and may request third party subpoenas to | be issued. | (f) The final determination by the Department of Labor | shall be rendered within 5 working days after the conclusion of | the hearing. | (g) Final determinations made under this Section are | subject to the Administrative Review Law.
| (430 ILCS 85/2-12) (from Ch. 111 1/2, par. 4062)
| Sec. 2-12. Order for cessation of operation of amusement | ride or
attraction.
| (a) The Director or an inspector hired by the Department of | Labor
may order, in writing, a temporary and immediate | cessation of operation of
any amusement ride or amusement | attraction if it:
| (1) has been determined
after
inspection to be | hazardous or unsafe;
| (2) is in operation before the Director
has issued a | permit to operate such equipment; or
|
| (3) the owner or operator is not in compliance with the | insurance
requirements contained in
Section 2-14 of this | Act and any rules or regulations adopted hereunder.
| (b) Operation of the
amusement ride or
amusement attraction | shall not resume until:
| (1) the unsafe or hazardous
condition is corrected to | the satisfaction of the Director or such inspector;
| (2) the Director has issued a permit to operate such | equipment; or
| (3) the
owner or operator is in compliance with the | insurance requirements contained in
Section 2-14 of this | Act and any rules or regulations adopted hereunder, | respectively. | (c) The Department shall notify the owner or operator in | writing of the grounds for the cessation of operation of the | amusement ride or attraction and of the conditions in need of | correction at the time the order for cessation is issued. | (d) The owner or operator may appeal an order of cessation | by filing a request for a hearing. The Department shall afford | the owner or operator 10 working days after the date of the | notice to request a hearing. Upon written request for hearing, | the Department shall schedule a formal administrative hearing | in compliance with Article 10 of the Administrative Procedure | Act and pursuant to the provisions of the Department's rules of | procedure in administrative hearings, except that formal | discovery, such as production requests, interrogatories, |
| requests to admit, and depositions will not be allowed. The | parties shall exchange documents and witness lists prior to | hearing and may request third party subpoenas to be issued. | (e) The final determination by the Department of Labor | shall be rendered within 5 working days after the conclusion of | the hearing. | (f) The provisions of the Administrative Review Law shall | apply to and govern all proceedings for the judicial review of | a final determination under this Section.
| (Source: P.A. 94-801, eff. 5-25-06.)
| (430 ILCS 85/2-14) (from Ch. 111 1/2, par. 4064)
| Sec. 2-14. No (1) Except as provided in subsection (2) of | this
Section no person shall operate an amusement ride or | attraction unless
there is in force: (a) a liability insurance | policy
or policies in an aggregate amount of not less than | $1,000,000 $100,000 for bodily
injury to or death of one or | more persons, damage to or destruction of property of others, | or a combination thereof person in any one accident, and, | subject to the per occurrence
limit for one person, in an | aggregate amount of not less than $2,000,000 $1,000,000 for | bodily
injury to or death of two or more persons, or damage to | or destruction of property of others, in any one policy period, | accident, and in an
amount of not less than $50,000 for injury | to or destruction of property
of others in any one accident, | insuring the operator against liability for
injury, or death, |
| or property damage suffered by a person attending a fair or | carnival; or (b) a
bond in like amount, the aggregate liability | of the surety of which shall
not exceed the face amount | thereof; or (c) a deposit with the Illinois Department of Labor | of cash
or other security acceptable to the Director.
| (2) With respect to the operation of an amusement ride or | attraction
under this Act for a
carnival located at a permanent | site which has 5 or fewer amusement rides,
none of which | operates at a height exceeding 8 feet, the insurance policy,
| bond, or cash or security deposit amount required for bodily | injury to or
death of 2 or more persons in any one accident | shall be not less than $500,000.
| (Source: P.A. 94-801, eff. 5-25-06.)
| (430 ILCS 85/2-15) (from Ch. 111 1/2, par. 4065)
| Sec. 2-15. Penalties. | (a) Criminal penalties. | 1. Any person who operates an amusement ride or | amusement attraction at
a carnival or fair without having | obtained
a permit from the Department Director or who | violates any order or rule issued by the Department
| Director under this Act is guilty of a Class A misdemeanor. | Each
day shall constitute a separate and distinct offense.
| 2. Any person who interferes with, impedes, or | obstructs in any manner
the Director or any authorized | representative of the Department
in the performance of |
| their duties under this Act is guilty
of a Class A | misdemeanor.
| (b) Civil penalties. Unless otherwise provided in this Act, | any person who operates an amusement ride or amusement | attraction without having obtained a permit from the Department | in violation of this Act is subject to a civil penalty not to | exceed $2,500 per violation for a first violation and not to | exceed $5,000 for a second or subsequent violation. | Prior to any determination, or the imposition of any civil | penalty, under this subsection (b), the Department shall notify | the operator in writing of the alleged violation. The | Department shall afford the operator 10 working 15 days after | from the date of the notice to request a hearing present any | written information that the operator wishes the Department to | consider in connection with its determination in the matter. | Upon written request of the operator, the Department shall | schedule a formal administrative hearing in compliance with | Article 10 of the Administrative Procedure Act and the | Department's rules of procedure in administrative hearings, | except that formal discovery, such as production requests, | interrogatories, requests to admit, and depositions shall not | be allowed. The parties shall exchange documents and witness | lists prior to hearing and may request third party subpoenas to | be issued. The final determination by the Department of Labor | shall be rendered within 5 working days after the conclusion of | the hearing. Final determinations made under this Section are |
| subject to the provisions of the Administrative Review Law | convene an informal fact-finding conference, provided such | request is received by the Department within 15 days of the | date of the notice of the alleged violation. In determining the | amount of a penalty, the Director may consider the | appropriateness of the penalty to the person or entity charged, | upon determination of the gravity of the violation. The | penalties, when finally determined, Penalties may be recovered | in a civil action brought by the Director of Labor in any | circuit court. In this litigation, the Director of Labor shall | be represented by the Attorney General. | (Source: P.A. 96-151, eff. 8-7-09.)
| (430 ILCS 85/2-15.2 new) | Sec. 2-15.2. Injunction to compel compliance. | (a) The Department shall have the power to bring injunctive | proceedings in any court of competent jurisdiction to compel | compliance with any order made by the Department under this | Act. | (b) The Department shall also have the power to bring | temporary and immediate injunctive relief in any court of | competent jurisdiction when necessary for the protection of the | health and safety of the general public using amusement rides | and amusement attractions.
| (430 ILCS 85/2-15.3 new) |
| Sec. 2-15.3. Amusement Ride and Patron Safety Fund. All | moneys received by the Department as fees and penalties under | this Act shall be deposited into the Amusement Ride and Patron | Safety Fund and shall be used by the Department, subject to | appropriation by the General Assembly, in addition to any | General Revenue funds, for administration, investigation, and | other expenses incurred in carrying out its powers and duties | under this Act. The Department shall hire as many inspectors | and other personnel as may be necessary to carry out the | purposes of this Act. Any moneys in the Fund at the end of a | fiscal year in excess of those moneys necessary for the | Department to carry out its powers and duties under this Act | shall be available to the Department for the next fiscal year | for any of the Department's duties and may be transferred from | the Amusement Ride and Patron Safety Fund to the various | accounts available to the Department, as needed.
| Section 99. Effective date. This Act takes effect upon | becoming law. |
Effective Date: 8/23/2013
|
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