Illinois 2023-2024 Regular Session

Illinois House Bill HB3097 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0177
2	1		HB3097 EnrolledLRB103 28177 CPF 54556 b HB3097 Enrolled LRB103 28177 CPF 54556 b
3	2		HB3097 Enrolled LRB103 28177 CPF 54556 b
4		-	AN ACT concerning safety.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Amusement Ride and Attraction Safety Act is
8		-	amended by changing Sections 2-2, 2-3, 2-4, 2-6, 2-7, 2-8,
9		-	2-8.1, 2-9, 2-10, 2-12, 2-14, 2-15, 2-15.1, 2-15.2, 2-15.3,
10		-	2-16, 2-17, 2-18, 2-19, and 2-20 as follows:
11		-	(430 ILCS 85/2-2) (from Ch. 111 1/2, par. 4052)
12		-	Sec. 2-2. Definitions. As used in this Act, unless the
13		-	context otherwise requires:
14		-	1. "Director" means the Director of Labor or his or her
15		-	designee.
16		-	2. "Department" means Department of Labor.
17		-	3. "Amusement attraction" means an enclosed building or
18		-	structure, including electrical equipment which is an integral
19		-	part of the building or structure, through which people travel
20		-	walk without the aid of any moving device, that provides
21		-	amusement, thrills or excitement at a fair, a carnival, or an
22		-	amusement enterprise, except any such enclosed building or
23		-	structure which is subject to the jurisdiction of a local
24		-	building code.
25		-	4. "Amusement ride" means:
26		-	(a) any mechanized device or combination of devices,
	3	+	1 AN ACT concerning safety.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Amusement Ride and Attraction Safety Act is
	7	+	5 amended by changing Sections 2-2, 2-3, 2-4, 2-6, 2-7, 2-8,
	8	+	6 2-8.1, 2-9, 2-10, 2-12, 2-14, 2-15, 2-15.1, 2-15.2, 2-15.3,
	9	+	7 2-16, 2-17, 2-18, 2-19, and 2-20 as follows:
	10	+	8 (430 ILCS 85/2-2) (from Ch. 111 1/2, par. 4052)
	11	+	9 Sec. 2-2. Definitions. As used in this Act, unless the
	12	+	10 context otherwise requires:
	13	+	11 1. "Director" means the Director of Labor or his or her
	14	+	12 designee.
	15	+	13 2. "Department" means Department of Labor.
	16	+	14 3. "Amusement attraction" means an enclosed building or
	17	+	15 structure, including electrical equipment which is an integral
	18	+	16 part of the building or structure, through which people travel
	19	+	17 walk without the aid of any moving device, that provides
	20	+	18 amusement, thrills or excitement at a fair, a carnival, or an
	21	+	19 amusement enterprise, except any such enclosed building or
	22	+	20 structure which is subject to the jurisdiction of a local
	23	+	21 building code.
	24	+	22 4. "Amusement ride" means:
	25	+	23 (a) any mechanized device or combination of devices,
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30	29		HB3097 Enrolled LRB103 28177 CPF 54556 b
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33		-	including electrical equipment which is an integral part
34		-	of the device or devices, which carries passengers along,
35		-	around, or over a fixed or restricted course for the
36		-	primary purpose of giving its passengers amusement,
37		-	pleasure, thrills, or excitement;
38		-	(b) any ski lift, rope tow, or other device used to
39		-	transport snow skiers;
40		-	(c) (blank);
41		-	(c-5) any trampoline court;
42		-	(d) any dry slide, alpine slide, or toboggan slide,
43		-	except:
44		-	(1) any slide that is placed in a playground and
45		-	that does not normally require the supervision or
46		-	services of a person responsible for its operation; or
47		-	(2) any slide that is not open to the general
48		-	public and for which admission is monitored and
49		-	strictly controlled by invitation, company or group
50		-	identification, or other means of identification;
51		-	(e) any tram, open car, or combination of open cars or
52		-	wagons pulled by a tractor or other motorized device which
53		-	is not licensed by the Secretary of State, which may, but
54		-	does not necessarily follow a fixed or restricted course,
55		-	and is used primarily for the purpose of giving its
56		-	passengers amusement, pleasure, thrills or excitement, and
57		-	for which an individual fee is charged or a donation
58		-	accepted with the exception of hayrack rides;
59		-
60		-
61		-	(f) any bungee cord or similar elastic device; or
62		-	(g) any inflatable attraction.
63		-	5. "Carnival" or "amusement enterprise" means an
64		-	establishment that enterprise which offers amusement or
65		-	entertainment to the general public by means of one or more
66		-	amusement attractions or amusement rides, regardless of
67		-	whether a form of payment is required for admission.
68		-	"Carnival worker" or "amusement enterprise worker" means
69		-	an individual who performs work for a carnival, amusement
70		-	enterprise, or fair to manage, physically operate, or assist
71		-	in the operation of an amusement ride or amusement attraction
72		-	when it is open to the public.
73		-	"Department" means the Department of Labor.
74		-	"Director" means the Director of the Department of Labor
75		-	or the Director's designee.
76		-	6. "Fair" means an enterprise principally devoted to the
77		-	exhibition of products of agriculture or industry in
78		-	connection with which amusement rides or amusement attractions
79		-	are operated.
80		-	"Inflatable attraction" means an amusement ride or device
81		-	that is designed for bouncing, climbing, sliding, or other
82		-	forms of interactive play, is made of flexible fabric, is kept
83		-	inflated by continuous air flow by one or more blowers, and
84		-	relies upon air pressure to maintain its shape.
85		-	7. "Operator" means a person, or the agent of a person, who
86		-	owns or controls or has the duty to control the operation of an
87		-
88		-
89		-	amusement ride or an amusement attraction at a carnival,
90		-	amusement enterprise, or fair. "Operator" includes an agency
91		-	of the State or any of its political subdivisions.
92		-	8. "Carnival worker" or "amusement enterprise worker"
93		-	means a person who is employed (and is therefore not a
94		-	volunteer) by a carnival, amusement enterprise, or fair to
95		-	manage, physically operate, or assist in the operation of an
96		-	amusement ride or amusement attraction when it is open to the
97		-	public.
98		-	9. "Volunteer" means a person who operates or assists in
99		-	the operation of an amusement ride or amusement attraction for
100		-	an owner or operator without pay or lodging. An individual
101		-	shall not be considered a volunteer if the individual is
102		-	otherwise employed by the same owner or operator to perform
103		-	the same type of service as those for which the individual
104		-	proposes to volunteer.
105		-	10. "Inflatable attraction" means an amusement ride or
106		-	device designed for use that may include, but not be limited
107		-	to, bounce, climb, slide, or interactive play, which is made
108		-	of flexible fabric, is kept inflated by continuous air flow by
109		-	one or more blowers, and relies upon air pressure to maintain
110		-	its shape.
111		-	11. "Trampoline court" means a commercial facility with a
112		-	defined area composed of one or more trampolines, a series of
113		-	trampolines, a trampoline court foam pit, or a series of
114		-	trampoline court foam pits. "Trampoline court" does not
115		-
116		-
117		-	include a gymnastic training facility that only utilizes
118		-	trampolines during the supervised instruction of gymnastic
119		-	skills.
120		-	(Source: P.A. 102-255, eff. 1-1-22.)
121		-	(430 ILCS 85/2-3) (from Ch. 111 1/2, par. 4053)
122		-	Sec. 2-3. There is hereby created the Amusement Ride and
123		-	Attraction Safety Board, hereafter in this Act referred to as
124		-	the "Board", to consist of 9 members. One member shall be the
125		-	Director. Eight members shall be appointed by the Governor
126		-	with the advice and consent of the Senate. The term of members
127		-	shall be 4 years. Of the 8 appointed members of the Board, 2
128		-	shall be operators of amusement rides or amusement
129		-	attractions, 1 shall be a registered professional engineer, 1
130		-	shall represent the insurance industry, and 4 shall represent
131		-	the general public. The Board shall advise the Department on
132		-	carnival, amusement enterprise, and amusement safety matters.
133		-	(Source: P.A. 97-737, eff. 7-3-12; 98-769, eff. 1-1-15.)
134		-	(430 ILCS 85/2-4) (from Ch. 111 1/2, par. 4054)
135		-	Sec. 2-4. A majority of the 9 members of the Board
136		-	constitutes a quorum. The Board shall meet at least twice
137		-	yearly and at the call of the chairperson chairman or by
138		-	written request of at least 5 members. The Board shall elect a
139		-	chairperson chairman and such other officers as it deems
140		-	necessary to perform its duties between meetings and may hire
141		-
142		-
143		-	such clerical and administrative help as it deems necessary,
144		-	to be paid out of the appropriation to the Amusement Ride and
145		-	Patron Safety Fund Board.
146		-	(Source: P.A. 97-737, eff. 7-3-12.)
147		-	(430 ILCS 85/2-6) (from Ch. 111 1/2, par. 4056)
148		-	Sec. 2-6. (a) The Director, after consultation with the
149		-	Board at a meeting of the Board, shall promulgate and
150		-	formulate definitions, rules and regulations for the safe
151		-	installation, repair, maintenance, use, operation, training
152		-	standards for operators, and inspection of all amusement rides
153		-	and amusement attractions as the Director finds necessary for
154		-	the protection of the general public using amusement rides and
155		-	amusement attractions. These rules and standards shall be
156		-	adopted pursuant to the procedures set forth in the Illinois
157		-	Administrative Procedure Act. The rules shall be based upon
158		-	generally accepted engineering standards and shall be
159		-	concerned with, but not necessarily limited to, engineering
160		-	force stresses, safety devices, and preventive maintenance.
161		-	Whenever such standards are available in suitable form they
162		-	may be incorporated by reference. The rules shall provide for
163		-	the reporting of accidents and injuries incurred from the
164		-	operation of amusement rides or amusement attractions. In
165		-	addition to the permit fee herein provided, the Director may
166		-	promulgate rules to establish a schedule of fees for
167		-	inspections.
168		-
169		-
170		-	(b) After consultation with the Board, the Director is
171		-	authorized to adopt by reference, in whole or in part, any
172		-	code, standard, or bulletin issued by a nationally or
173		-	internationally recognized organization, such as the Consumer
174		-	Product Safety Commission or ASTM International, after a
175		-	finding that the adoption of the code, standard, or bulletin
176		-	would promote the purposes of this Act.
177		-	(Source: P.A. 98-541, eff. 8-23-13.)
178		-	(430 ILCS 85/2-7) (from Ch. 111 1/2, par. 4057)
179		-	Sec. 2-7. The Director shall administer and enforce all
180		-	provisions of this Act and all codes, rules and regulations
181		-	promulgated pursuant to this Act. The Director or his or her
182		-	authorized representative has the authority to require by
183		-	subpoena the attendance and testimony of witnesses and the
184		-	production of all books, records, equipment, and other
185		-	evidence relative to a matter under investigation or hearing.
186		-	The subpoena shall be signed and issued by the Director or the
187		-	Director's his or her authorized representative. If a person
188		-	fails to comply with any subpoena lawfully issued under this
189		-	Section or a witness refuses to produce evidence or testify to
190		-	any matter regarding which the witness he or she may be
191		-	lawfully interrogated, the circuit court shall, upon
192		-	application of the Director or the Director's his or her
193		-	authorized representative, compel compliance by proceedings
194		-	for contempt. In such matters, the Department shall be
195		-
196		-
197		-	represented by the Attorney General.
198		-	(Source: P.A. 94-801, eff. 5-25-06.)
199		-	(430 ILCS 85/2-8) (from Ch. 111 1/2, par. 4058)
200		-	Sec. 2-8. The Director, after consultation with and the
201		-	consent of the Board, shall determine a schedule of inspection
202		-	fees and permit fees for each amusement ride or amusement
203		-	attraction.
204		-	(Source: P.A. 98-541, eff. 8-23-13.)
205		-	(430 ILCS 85/2-8.1)
206		-	Sec. 2-8.1. Suspension and revocation of permit to
207		-	operate.
208		-	(a) The Department shall have the power to suspend or
209		-	revoke an owner's permit for any good cause under the meaning
210		-	and purpose of this Act. If a person whose permit has been
211		-	suspended or revoked, or whose application for a permit has
212		-	been denied, believes that the violation or condition
213		-	justifying suspension, revocation, or denial of the permit
214		-	does not exist, the person may apply to the Department for
215		-	reconsideration through a hearing within 10 business working
216		-	days after the Department's action. A hearing shall be
217		-	scheduled, unless otherwise mutually agreed by the parties,
218		-	within 48 hours after the request for hearing.
219		-	(b) Service of notice of a hearing, or any other document
220		-	related to investigation or enforcement of violations, shall
221		-
222		-
223		-	be made by personal service or certified mail, by regular mail
224		-	if service by certified mail cannot be completed, or by email
225		-	to an email address previously designated by the party to be
226		-	used for such purpose, to the address shown on the application
227		-	for permit, or to any other address on file with the Department
228		-	or and reasonably believed to be the current address of the
229		-	permit holder.
230		-	(c) Such The written notice of a hearing shall specify the
231		-	time, date, and location of the hearing and the reasons for the
232		-	action proposed by the Department.
233		-	(d) At the hearing, the Department shall have the burden
234		-	of establishing good cause for its action. Good cause exists
235		-	if the Department establishes that the permit holder has
236		-	failed to comply with the requirements of a permit under this
237		-	Act and its rules.
238		-	(e) All hearings held under this Section shall comply with
239		-	Article 10 of the Illinois Administrative Procedure Act and
240		-	the Department's rules of procedure in administrative
241		-	hearings, except that formal discovery, such as production
242		-	requests, interrogatories, requests to admit, and depositions
243		-	shall not be allowed. The parties shall exchange documents and
244		-	witness lists prior to hearing and may request third party
245		-	subpoenas to be issued.
246		-	(f) The final determination by the Department of Labor
247		-	shall be rendered within 5 business working days after the
248		-	conclusion of the hearing.
249		-
250		-
251		-	(g) Final determinations made under this Section are
252		-	subject to the Administrative Review Law.
253		-	(Source: P.A. 98-541, eff. 8-23-13; 98-756, eff. 7-16-14.)
254		-	(430 ILCS 85/2-9) (from Ch. 111 1/2, par. 4059)
255		-	Sec. 2-9. The Department of Labor may hire ride inspectors
256		-	to inspect amusement rides and amusement attractions. The
257		-	qualifications of amusement ride inspectors shall be
258		-	established through regulation by the Director. The chief
259		-	amusement ride inspector shall be licensed in Illinois as a
260		-	professional engineer.
261		-	(Source: P.A. 94-801, eff. 5-25-06.)
262		-	(430 ILCS 85/2-10) (from Ch. 111 1/2, par. 4060)
263		-	Sec. 2-10. No amusement ride or amusement attraction shall
264		-	be operated at a carnival, amusement enterprise, or fair in
265		-	this State without a permit having been issued by the Director
266		-	to an operator of such equipment. At least 30 days prior to the
267		-	first day of operation or the expiration of the permit, any
268		-	person required to obtain a permit by this Act shall apply to
269		-	the Director for a permit on a form furnished by the Director
270		-	which form shall contain such information as the Director may
271		-	require. The Director may waive the requirement that an
272		-	application for a permit must be filed at least 30 days prior
273		-	to the first day of operation or the expiration of the permit
274		-	if the applicant gives satisfactory proof to the Director that
275		-
276		-
277		-	the applicant he could not reasonably comply with the date
278		-	requirement and if the applicant immediately applies for a
279		-	permit after the need for a permit is first determined. The
280		-	Director may accept applications for a permit not filed at
281		-	least 30 days prior to the first day of operation or the
282		-	expiration of the permit only if the applicant applies for the
283		-	permit prior to the inspection of the ride or attraction. For
284		-	the purpose of determining if an amusement ride or amusement
285		-	attraction is in safe operating condition and will provide
286		-	protection to the public using such amusement ride or
287		-	amusement attraction, each amusement ride or amusement
288		-	attraction shall be inspected by a ride inspector the Director
289		-	before it is initially placed in operation in this State, and
290		-	shall thereafter be inspected by a ride inspector at least
291		-	once each year. The Department may conduct inspections to
292		-	ensure continued compliance with the provisions of this Act or
293		-	any rules adopted hereunder.
294		-	If, after inspection, an amusement ride or amusement
295		-	attraction is found to comply with the rules adopted under
296		-	this Act, the Director shall issue a permit for the operation
297		-	of the amusement ride or amusement attraction. The permit
298		-	shall be issued conditioned upon the payment of the permit fee
299		-	and any applicable inspection fee at the time the application
300		-	for permit to operate is filed with the Department and may be
301		-	suspended as provided in the Department's rules. The Director
302		-	may, in the Director's discretion, deny a permit from an
303		-
304		-
305		-	applicant with a documented history of misrepresentation or
306		-	conveying false information to the Department.
307		-	If, after inspection, additions or alterations are
308		-	contemplated which change a structure, mechanism,
309		-	classification or capacity, the operator shall notify the
310		-	Director of the operator's his intentions in writing and
311		-	provide any plans or diagrams requested by the Director.
312		-	(Source: P.A. 98-769, eff. 1-1-15.)
313		-	(430 ILCS 85/2-12) (from Ch. 111 1/2, par. 4062)
314		-	Sec. 2-12. Correction notice and order Order for cessation
315		-	of operation of amusement ride or attraction.
316		-	(a) If, upon inspection, the Department determines that an
317		-	element or elements of an amusement ride or amusement
318		-	attraction are in violation of this Act or any rules adopted
319		-	under this Act, the Department may issue a correction notice
320		-	to the owner or operator, allowing the owner or operator to
321		-	continue operating the amusement ride or amusement attraction
322		-	but requiring the owner or operator to address the deficiency
323		-	and come into compliance with adopted standards by a set
324		-	deadline. If the owner or operator does not meet the deadline
325		-	established in the correction notice, the Department may issue
326		-	a cessation order as described in subsection (a-5) of this
327		-	Section.
328		-	(a-5) (a) The Department of Labor may order, in writing, a
329		-	temporary and immediate cessation of operation of any
330		-
331		-
332		-	amusement ride or amusement attraction, also known as a "stop
333		-	order", if:
334		-	(1) it has been determined after inspection to be
335		-	hazardous or unsafe;
336		-	(2) it is in operation before the Director has issued
337		-	a permit to operate such equipment; or
338		-	(3) the owner or operator is not in compliance with
339		-	any of the insurance requirements contained in Section
340		-	2-14 of this Act or and any rules or regulations adopted
341		-	under this Act hereunder.
342		-	(b) After the cessation of operation, operation Operation
343		-	of the amusement ride or amusement attraction shall not resume
344		-	until:
345		-	(1) the unsafe or hazardous condition is corrected to
346		-	the satisfaction of the Director or such inspector;
347		-	(2) the Director has issued a permit to operate such
348		-	equipment; or
349		-	(3) the owner or operator is in compliance with the
350		-	insurance requirements contained in Section 2-14 of this
351		-	Act and any rules or regulations adopted under this Act
352		-	hereunder, respectively.
353		-	(c) The Department shall notify the owner or operator in
354		-	writing, via certified mail, service by sheriff, personal
355		-	service, or in person, of the grounds for the cessation of
356		-	operation of the amusement ride or attraction and of the
357		-	conditions in need of correction at the time the order for
358		-
359		-
360		-	cessation is issued. The Department may also notify the county
361		-	sheriff or other local law enforcement where the amusement
362		-	enterprise is operated that the Department has issued a
363		-	cessation order to that enterprise. The Department shall post
364		-	or shall require the owner or operator to post a notice at the
365		-	entrance to the amusement enterprise stating that a cessation
366		-	order has been issued for the attraction. The notice shall
367		-	remain posted until the cessation order has been lifted by the
368		-	Department.
369		-	(c-5) Upon request by the Department, the Illinois State
370		-	Police or local law enforcement may enforce a cessation order.
371		-	(d) The owner or operator may appeal an order of cessation
372		-	by filing a request for a hearing. The Department shall afford
373		-	the owner or operator 10 business working days after the date
374		-	of the notice to request a hearing. Upon written request for
375		-	hearing, the Department shall schedule a formal administrative
376		-	hearing in compliance with Article 10 of the Illinois
377		-	Administrative Procedure Act and pursuant to the provisions of
378		-	the Department's rules of procedure in administrative
379		-	hearings, except that formal discovery, such as production
380		-	requests, interrogatories, requests to admit, and depositions
381		-	will not be allowed. The parties shall exchange documents and
382		-	witness lists prior to hearing and may request third party
383		-	subpoenas to be issued.
384		-	(e) The final determination by the Department of Labor
385		-	shall be rendered within 5 business working days after the
386		-
387		-
388		-	conclusion of the hearing.
389		-	(f) The provisions of the Administrative Review Law shall
390		-	apply to and govern all proceedings for the judicial review of
391		-	a final determination under this Section.
392		-	(Source: P.A. 98-541, eff. 8-23-13; 98-756, eff. 7-16-14;
393		-	99-78, eff. 7-20-15.)
394		-	(430 ILCS 85/2-14) (from Ch. 111 1/2, par. 4064)
395		-	Sec. 2-14. No person shall operate an amusement ride or
396		-	attraction unless there is in force a liability insurance
397		-	policy or policies in an amount of not less than $1,000,000 for
398		-	bodily injury to or death of one or more persons, damage to or
399		-	destruction of property of others, or a combination thereof,
400		-	and, subject to the per occurrence limit, in an aggregate
401		-	amount of not less than $2,000,000 for bodily injury to or
402		-	death of two or more persons, or damage to or destruction of
403		-	property of others, in any one policy period, insuring the
404		-	operator against liability for injury, death, or property
405		-	damage. Any owner or operator applying for a permit or renewal
406		-	must present proof of this insurance at the time of the
407		-	inspection required under Section 2-10.
408		-	(Source: P.A. 98-541, eff. 8-23-13.)
409		-	(430 ILCS 85/2-15) (from Ch. 111 1/2, par. 4065)
410		-	Sec. 2-15. Penalties.
411		-	(a) Criminal penalties.
412		-
413		-
414		-	1. Any person who operates an amusement ride or
415		-	amusement attraction at a carnival, amusement enterprise,
416		-	or fair without having obtained a permit from the
417		-	Department or who violates any cessation order or other
418		-	order or rule issued by the Department under this Act is
419		-	guilty of a Class A misdemeanor. Each day shall constitute
420		-	a separate and distinct offense.
421		-	2. Any person who interferes with, impedes, or
422		-	obstructs in any manner the Director or any authorized
423		-	representative of the Department in the performance of
424		-	their duties under this Act is guilty of a Class A
425		-	misdemeanor.
426		-	(b) Civil penalties. Unless otherwise provided in this
427		-	Act, any person who operates an amusement ride or amusement
428		-	attraction without having obtained a permit from the
429		-	Department in violation of this Act is subject to a civil
430		-	penalty not to exceed $2,500 per violation per day for a first
431		-	violation, a civil penalty and not to exceed $5,000 per
432		-	violation per day for a second violation, and a civil penalty
433		-	not to exceed $10,000 per violation per day for a third or
434		-	subsequent violation. Each amusement ride or amusement
435		-	attraction operated in violation of this Act shall be a
436		-	separate violation. Any amusement ride or amusement attraction
437		-	owner or operator who violates any other provision of this Act
438		-	or rule adopted under this Act shall be subject to a civil
439		-	penalty not to exceed $1,000 per violation.
440		-
441		-
442		-	Prior to any determination, or the imposition of any civil
443		-	penalty, under this subsection (b), the Department shall
444		-	notify the owner or operator in writing of the alleged
445		-	violation. The Department shall afford the owner or operator
446		-	10 business working days after the date of the notice to
447		-	request a hearing. Upon written request for a hearing of the
448		-	operator, the Department shall schedule a formal
449		-	administrative hearing in compliance with Article 10 of the
450		-	Illinois Administrative Procedure Act and the Department's
451		-	rules of procedure in administrative hearings, except that
452		-	formal discovery, such as production requests,
453		-	interrogatories, requests to admit, and depositions shall not
454		-	be allowed. The parties shall exchange documents and witness
455		-	lists prior to hearing and may request third party subpoenas
456		-	to be issued. The final determination by the Department of
457		-	Labor shall be rendered within 5 business working days after
458		-	the conclusion of the hearing. Final determinations made under
459		-	this Section are subject to the provisions of the
460		-	Administrative Review Law. In determining the amount of a
461		-	penalty, the Director may consider the appropriateness of the
462		-	penalty to the person or entity charged, upon determination of
463		-	the gravity of the violation. The penalties, when finally
464		-	determined, may be recovered in a civil action brought by the
465		-	Department Director of Labor in any circuit court. In such
466		-	civil this litigation, the Department Director of Labor shall
467		-	be represented by the Attorney General.
468		-
469		-
470		-	(Source: P.A. 98-541, eff. 8-23-13; 98-756, eff. 7-16-14;
471		-	98-769, eff. 1-1-15.)
472		-	(430 ILCS 85/2-15.1) (from Ch. 111 1/2, par. 4065.1)
473		-	Sec. 2-15.1. When contracting with any Any person or
474		-	entity contracting with an operator for the provision of an
475		-	amusement ride or amusement attraction, the amusement ride or
476		-	amusement attraction owner or operator shall inform the
477		-	Department of the name and address of the operator, as well as
478		-	the dates on which the amusement ride or amusement attraction
479		-	will be operated pursuant to the contract, the person or
480		-	entity contracting with the owner or operator, and the
481		-	location at which such ride or attraction will be so operated.
482		-	(Source: P.A. 84-533.)
483		-	(430 ILCS 85/2-15.2)
484		-	Sec. 2-15.2. Injunction to compel compliance.
485		-	(a) The Department shall have the power to seek bring
486		-	injunctive relief proceedings in any court of competent
487		-	jurisdiction to compel compliance with any order issued made
488		-	by the Department under this Act.
489		-	(b) The Department shall also have the power to seek bring
490		-	temporary and immediate injunctive relief in any court of
491		-	competent jurisdiction when necessary for the protection of
492		-	the health and safety of the general public using amusement
493		-	rides and amusement attractions. In such matters, the
494		-
495		-
496		-	Department shall be represented by the Attorney General.
497		-	(Source: P.A. 98-541, eff. 8-23-13.)
498		-	(430 ILCS 85/2-15.3)
499		-	Sec. 2-15.3. Amusement Ride and Patron Safety Fund. All
500		-	moneys received by the Department as fees and penalties under
501		-	this Act shall be deposited into the Amusement Ride and Patron
502		-	Safety Fund and shall be used by the Department, subject to
503		-	appropriation by the General Assembly, in addition to any
504		-	General Revenue funds, for administration, investigation, and
505		-	other expenses incurred in carrying out its powers and duties
506		-	under this Act, including costs related to the Board. The
507		-	Department shall hire as many ride inspectors and other
508		-	personnel as may be necessary to carry out the purposes of this
509		-	Act. Any moneys in the Fund at the end of a fiscal year in
510		-	excess of those moneys necessary for the Department to carry
511		-	out its powers and duties under this Act shall be available to
512		-	the Department for the next fiscal year for any of the
513		-	Department's duties and may be transferred from the Amusement
514		-	Ride and Patron Safety Fund to the various accounts available
515		-	to the Department, as needed.
516		-	(Source: P.A. 98-541, eff. 8-23-13.)
517		-	(430 ILCS 85/2-16) (from Ch. 111 1/2, par. 4066)
518		-	Sec. 2-16. Exemptions. The following amusement rides or
519		-	amusement attractions are exempt from the provisions of this
520		-
521		-
522		-	Act:
523		-	Any amusement ride or amusement attraction which is owned
524		-	or operated by a non-profit religious, educational or
525		-	charitable institution or association if such amusement ride
526		-	or amusement attraction is located within a building subject
527		-	to inspection by the state fire marshal or by any political
528		-	subdivisions of the State under its building, fire,
529		-	electrical, and related public safety ordinances, and the
530		-	amusement ride or amusement attraction itself has passed an is
531		-	subject to inspection by a political subdivision of the State
532		-	in accordance with Section 2-17.
533		-	(Source: P.A. 96-151, eff. 8-7-09.)
534		-	(430 ILCS 85/2-17) (from Ch. 111 1/2, par. 4067)
535		-	Sec. 2-17. A municipality within its corporate limits and
536		-	a county within unincorporated areas within its boundaries may
537		-	inspect, license or regulate any amusement ride or amusement
538		-	attraction operated at a carnival, amusement enterprise, or
539		-	fair, provided that any safety standards or regulations
540		-	implemented by a municipality or county in connection
541		-	therewith shall be at least as stringent as those provided for
542		-	in this Act and the rules and regulations adopted hereunder.
543		-	An owner or operator may use a report of such municipal or
544		-	county inspection to support a request for a waiver of
545		-	Department inspection under Section 2-18. Any municipality or
546		-	county which inspects, licenses, or otherwise regulates
547		-
548		-
549		-	amusement rides or amusement attractions may impose reasonable
550		-	fees to cover the costs thereof.
551		-	(Source: P.A. 98-769, eff. 1-1-15.)
552		-	(430 ILCS 85/2-18) (from Ch. 111 1/2, par. 4068)
553		-	Sec. 2-18. Waiver of inspection. The Director may waive
554		-	the requirement that an amusement ride or amusement attraction
555		-	or any part thereof be inspected before being operated, and
556		-	may waive any applicable fees for inspection, if an operator
557		-	gives satisfactory proof to the Director that the amusement
558		-	ride or amusement attraction or any part thereof has passed an
559		-	inspection conducted by a public or private agency whose
560		-	inspection standards and requirements are at least as
561		-	stringent as equal to those requirements and standards
562		-	established by the Department under the provisions of this
563		-	Act. The Department may compel any documentation or evidence
564		-	necessary to prove compliance with the requirements of Section
565		-	2-17. The annual permit fees shall be paid before the Director
566		-	may waive this requirement.
567		-	(Source: P.A. 94-801, eff. 5-25-06.)
568		-	(430 ILCS 85/2-19) (from Ch. 111 1/2, par. 4069)
569		-	Sec. 2-19. The owner or operator of an amusement ride or
570		-	amusement attraction may remove a person from or deny a person
571		-	entry to an amusement ride or amusement attraction if, in the
572		-	owner's or operator's opinion, the entry or conduct may
573		-
574		-
575		-	jeopardize the safety of such person or the safety of any other
576		-	person. Nothing in this Section will permit an owner or
577		-	operator to deny a ride an inspector access to an amusement
578		-	ride or amusement attraction when such ride inspector is
579		-	acting within the scope of the ride inspector's his duties
580		-	under this Act.
581		-	(Source: P.A. 96-151, eff. 8-7-09; 96-1000, eff. 7-2-10.)
582		-	(430 ILCS 85/2-20)
583		-	Sec. 2-20. Employment of carnival and amusement enterprise
584		-	workers.
585		-	(a) Beginning on January 1, 2008, no person, firm,
586		-	corporation, or other entity that owns or operates a carnival,
587		-	amusement enterprise, or fair shall allow a person to perform
588		-	work associated with an amusement ride or amusement
589		-	attraction, including any volunteer work, employ a carnival or
590		-	amusement enterprise worker who (i) has been convicted of any
591		-	offense set forth in Article 11 of the Criminal Code of 1961 or
592		-	the Criminal Code of 2012, (ii) is a registered sex offender,
593		-	as defined in the Sex Offender Registration Act, or (iii) has
594		-	ever been convicted of any offense set forth in Article 9 of
595		-	the Criminal Code of 1961 or the Criminal Code of 2012.
596		-	(b) A person, firm, corporation, or other entity that owns
597		-	or operates a carnival, amusement enterprise, or fair must
598		-	conduct a criminal history records check and perform a check
599		-	of the National Sex Offender Public Registry for carnival or
600		-
601		-
602		-	amusement enterprise workers at the time they are hired, and
603		-	annually thereafter except if they are in the continued employ
604		-	of the entity.
605		-	The criminal history records check performed under this
606		-	subsection (b) shall be performed by the Illinois State
607		-	Police, another State or federal law enforcement agency, or a
608		-	business belonging to the National Association of Professional
609		-	Background Check Screeners Association. Any criminal history
610		-	checks performed by the Illinois State Police shall be
611		-	performed pursuant to the Illinois Uniform Conviction
612		-	Information Act.
613		-	Individuals who are under the age of 17 are exempt from the
614		-	criminal history records check requirements set forth in this
615		-	subsection (b).
616		-	(c) Any person, firm, corporation, or other entity that
617		-	owns or operates a carnival, amusement enterprise, or fair
618		-	must have a substance abuse policy in place for its workers,
619		-	which shall include random drug testing of carnival or
620		-	amusement enterprise workers.
621		-	(d) Any person, firm, corporation, or other entity that
622		-	owns or operates a carnival, amusement enterprise, or fair
623		-	that violates the provisions of subsection (a) of this Section
624		-	or fails to conduct a criminal history records check or a sex
625		-	offender registry check for carnival or amusement enterprise
626		-	workers in its employ, as required by subsection (b) of this
627		-	Section, or fails to maintain a substance abuse policy as
628		-
629		-
630		-	required by subsection (c) of this Section shall be assessed a
631		-	civil penalty in an amount not to exceed $5,000 for a first
632		-	offense, shall be assessed a civil penalty in an amount not to
633		-	exceed $10,000 for a second offense, and a subsequent offense
634		-	shall result in the revocation of a permit to operate in
635		-	accordance with Section 2-8.1. The collection of these
636		-	penalties shall be enforced in a civil action brought by the
637		-	Attorney General on behalf of the Department.
638		-	(e) Unless the owner or operator knew or reasonably should
639		-	have known that the information was falsified, a A carnival,
640		-	amusement enterprise, or fair owner is not responsible for the
641		-	accuracy of:
642		-	(1) any personal information submitted by a carnival
643		-	or amusement enterprise worker for criminal history
644		-	records check purposes; or
645		-	(2) any information provided by a third party for a
646		-	criminal history records check or a sex offender registry
647		-	check.
648		-	(f) Recordkeeping requirements. Any person, firm,
649		-	corporation, or other entity that owns or operates a carnival,
650		-	amusement enterprise, or fair subject to the provisions of
651		-	this Act shall make, preserve, and make available to the
652		-	Department, upon its request, all records that are required by
653		-	this Act, including but not limited to a written substance
654		-	abuse policy, evidence of the required criminal history
655		-	records check and sex offender registry check, and any other
656		-
657		-
658		-	information the Director may deem necessary and appropriate
659		-	for enforcement of this Act.
660		-	(g) A carnival, amusement enterprise, or fair owner shall
661		-	not be liable to any employee in carrying out the requirements
662		-	of this Section.
663		-	(h) At all times that an amusement ride or amusement
664		-	attraction is in use, an owner or operator shall ensure that at
665		-	least one operator working on site has been certified to
666		-	provide First Aid and cardiopulmonary resuscitation (CPR).
667		-	(Source: P.A. 100-944, eff. 1-1-19.)
668		-	(430 ILCS 85/2-21 rep.)
669		-	Section 10. The Amusement Ride and Attraction Safety Act
670		-	is amended by repealing Section 2-21.
671		-	INDEX Statutes amended in order of appearance INDEX Statutes amended in order of appearance
672		-	INDEX
673		-	Statutes amended in order of appearance
	32	+	HB3097 Enrolled- 2 -LRB103 28177 CPF 54556 b HB3097 Enrolled - 2 - LRB103 28177 CPF 54556 b
	33	+	HB3097 Enrolled - 2 - LRB103 28177 CPF 54556 b
	34	+	1 including electrical equipment which is an integral part
	35	+	2 of the device or devices, which carries passengers along,
	36	+	3 around, or over a fixed or restricted course for the
	37	+	4 primary purpose of giving its passengers amusement,
	38	+	5 pleasure, thrills, or excitement;
	39	+	6 (b) any ski lift, rope tow, or other device used to
	40	+	7 transport snow skiers;
	41	+	8 (c) (blank);
	42	+	9 (c-5) any trampoline court;
	43	+	10 (d) any dry slide, alpine slide, or toboggan slide,
	44	+	11 except:
	45	+	12 (1) any slide that is placed in a playground and
	46	+	13 that does not normally require the supervision or
	47	+	14 services of a person responsible for its operation; or
	48	+	15 (2) any slide that is not open to the general
	49	+	16 public and for which admission is monitored and
	50	+	17 strictly controlled by invitation, company or group
	51	+	18 identification, or other means of identification;
	52	+	19 (e) any tram, open car, or combination of open cars or
	53	+	20 wagons pulled by a tractor or other motorized device which
	54	+	21 is not licensed by the Secretary of State, which may, but
	55	+	22 does not necessarily follow a fixed or restricted course,
	56	+	23 and is used primarily for the purpose of giving its
	57	+	24 passengers amusement, pleasure, thrills or excitement, and
	58	+	25 for which an individual fee is charged or a donation
	59	+	26 accepted with the exception of hayrack rides;
674	60
675	61
676	62
677		-	INDEX
678		-	Statutes amended in order of appearance
	63	+
	64	+
	65	+	HB3097 Enrolled - 2 - LRB103 28177 CPF 54556 b
	66	+
	67	+
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	69	+	HB3097 Enrolled - 3 - LRB103 28177 CPF 54556 b
	70	+	1 (f) any bungee cord or similar elastic device; or
	71	+	2 (g) any inflatable attraction.
	72	+	3 5. "Carnival" or "amusement enterprise" means an
	73	+	4 establishment that enterprise which offers amusement or
	74	+	5 entertainment to the general public by means of one or more
	75	+	6 amusement attractions or amusement rides, regardless of
	76	+	7 whether a form of payment is required for admission.
	77	+	8 "Carnival worker" or "amusement enterprise worker" means
	78	+	9 an individual who performs work for a carnival, amusement
	79	+	10 enterprise, or fair to manage, physically operate, or assist
	80	+	11 in the operation of an amusement ride or amusement attraction
	81	+	12 when it is open to the public.
	82	+	13 "Department" means the Department of Labor.
	83	+	14 "Director" means the Director of the Department of Labor
	84	+	15 or the Director's designee.
	85	+	16 6. "Fair" means an enterprise principally devoted to the
	86	+	17 exhibition of products of agriculture or industry in
	87	+	18 connection with which amusement rides or amusement attractions
	88	+	19 are operated.
	89	+	20 "Inflatable attraction" means an amusement ride or device
	90	+	21 that is designed for bouncing, climbing, sliding, or other
	91	+	22 forms of interactive play, is made of flexible fabric, is kept
	92	+	23 inflated by continuous air flow by one or more blowers, and
	93	+	24 relies upon air pressure to maintain its shape.
	94	+	25 7. "Operator" means a person, or the agent of a person, who
	95	+	26 owns or controls or has the duty to control the operation of an
	96	+
	97	+
	98	+
	99	+
	100	+
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	102	+
	103	+
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	105	+	HB3097 Enrolled - 4 - LRB103 28177 CPF 54556 b
	106	+	1 amusement ride or an amusement attraction at a carnival,
	107	+	2 amusement enterprise, or fair. "Operator" includes an agency
	108	+	3 of the State or any of its political subdivisions.
	109	+	4 8. "Carnival worker" or "amusement enterprise worker"
	110	+	5 means a person who is employed (and is therefore not a
	111	+	6 volunteer) by a carnival, amusement enterprise, or fair to
	112	+	7 manage, physically operate, or assist in the operation of an
	113	+	8 amusement ride or amusement attraction when it is open to the
	114	+	9 public.
	115	+	10 9. "Volunteer" means a person who operates or assists in
	116	+	11 the operation of an amusement ride or amusement attraction for
	117	+	12 an owner or operator without pay or lodging. An individual
	118	+	13 shall not be considered a volunteer if the individual is
	119	+	14 otherwise employed by the same owner or operator to perform
	120	+	15 the same type of service as those for which the individual
	121	+	16 proposes to volunteer.
	122	+	17 10. "Inflatable attraction" means an amusement ride or
	123	+	18 device designed for use that may include, but not be limited
	124	+	19 to, bounce, climb, slide, or interactive play, which is made
	125	+	20 of flexible fabric, is kept inflated by continuous air flow by
	126	+	21 one or more blowers, and relies upon air pressure to maintain
	127	+	22 its shape.
	128	+	23 11. "Trampoline court" means a commercial facility with a
	129	+	24 defined area composed of one or more trampolines, a series of
	130	+	25 trampolines, a trampoline court foam pit, or a series of
	131	+	26 trampoline court foam pits. "Trampoline court" does not
	132	+
	133	+
	134	+
	135	+
	136	+
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	138	+
	139	+
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	142	+	1 include a gymnastic training facility that only utilizes
	143	+	2 trampolines during the supervised instruction of gymnastic
	144	+	3 skills.
	145	+	4 (Source: P.A. 102-255, eff. 1-1-22.)
	146	+	5 (430 ILCS 85/2-3) (from Ch. 111 1/2, par. 4053)
	147	+	6 Sec. 2-3. There is hereby created the Amusement Ride and
	148	+	7 Attraction Safety Board, hereafter in this Act referred to as
	149	+	8 the "Board", to consist of 9 members. One member shall be the
	150	+	9 Director. Eight members shall be appointed by the Governor
	151	+	10 with the advice and consent of the Senate. The term of members
	152	+	11 shall be 4 years. Of the 8 appointed members of the Board, 2
	153	+	12 shall be operators of amusement rides or amusement
	154	+	13 attractions, 1 shall be a registered professional engineer, 1
	155	+	14 shall represent the insurance industry, and 4 shall represent
	156	+	15 the general public. The Board shall advise the Department on
	157	+	16 carnival, amusement enterprise, and amusement safety matters.
	158	+	17 (Source: P.A. 97-737, eff. 7-3-12; 98-769, eff. 1-1-15.)
	159	+	18 (430 ILCS 85/2-4) (from Ch. 111 1/2, par. 4054)
	160	+	19 Sec. 2-4. A majority of the 9 members of the Board
	161	+	20 constitutes a quorum. The Board shall meet at least twice
	162	+	21 yearly and at the call of the chairperson chairman or by
	163	+	22 written request of at least 5 members. The Board shall elect a
	164	+	23 chairperson chairman and such other officers as it deems
	165	+	24 necessary to perform its duties between meetings and may hire
	166	+
	167	+
	168	+
	169	+
	170	+
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	172	+
	173	+
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	176	+	1 such clerical and administrative help as it deems necessary,
	177	+	2 to be paid out of the appropriation to the Amusement Ride and
	178	+	3 Patron Safety Fund Board.
	179	+	4 (Source: P.A. 97-737, eff. 7-3-12.)
	180	+	5 (430 ILCS 85/2-6) (from Ch. 111 1/2, par. 4056)
	181	+	6 Sec. 2-6. (a) The Director, after consultation with the
	182	+	7 Board at a meeting of the Board, shall promulgate and
	183	+	8 formulate definitions, rules and regulations for the safe
	184	+	9 installation, repair, maintenance, use, operation, training
	185	+	10 standards for operators, and inspection of all amusement rides
	186	+	11 and amusement attractions as the Director finds necessary for
	187	+	12 the protection of the general public using amusement rides and
	188	+	13 amusement attractions. These rules and standards shall be
	189	+	14 adopted pursuant to the procedures set forth in the Illinois
	190	+	15 Administrative Procedure Act. The rules shall be based upon
	191	+	16 generally accepted engineering standards and shall be
	192	+	17 concerned with, but not necessarily limited to, engineering
	193	+	18 force stresses, safety devices, and preventive maintenance.
	194	+	19 Whenever such standards are available in suitable form they
	195	+	20 may be incorporated by reference. The rules shall provide for
	196	+	21 the reporting of accidents and injuries incurred from the
	197	+	22 operation of amusement rides or amusement attractions. In
	198	+	23 addition to the permit fee herein provided, the Director may
	199	+	24 promulgate rules to establish a schedule of fees for
	200	+	25 inspections.
	201	+
	202	+
	203	+
	204	+
	205	+
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	207	+
	208	+
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	211	+	1 (b) After consultation with the Board, the Director is
	212	+	2 authorized to adopt by reference, in whole or in part, any
	213	+	3 code, standard, or bulletin issued by a nationally or
	214	+	4 internationally recognized organization, such as the Consumer
	215	+	5 Product Safety Commission or ASTM International, after a
	216	+	6 finding that the adoption of the code, standard, or bulletin
	217	+	7 would promote the purposes of this Act.
	218	+	8 (Source: P.A. 98-541, eff. 8-23-13.)
	219	+	9 (430 ILCS 85/2-7) (from Ch. 111 1/2, par. 4057)
	220	+	10 Sec. 2-7. The Director shall administer and enforce all
	221	+	11 provisions of this Act and all codes, rules and regulations
	222	+	12 promulgated pursuant to this Act. The Director or his or her
	223	+	13 authorized representative has the authority to require by
	224	+	14 subpoena the attendance and testimony of witnesses and the
	225	+	15 production of all books, records, equipment, and other
	226	+	16 evidence relative to a matter under investigation or hearing.
	227	+	17 The subpoena shall be signed and issued by the Director or the
	228	+	18 Director's his or her authorized representative. If a person
	229	+	19 fails to comply with any subpoena lawfully issued under this
	230	+	20 Section or a witness refuses to produce evidence or testify to
	231	+	21 any matter regarding which the witness he or she may be
	232	+	22 lawfully interrogated, the circuit court shall, upon
	233	+	23 application of the Director or the Director's his or her
	234	+	24 authorized representative, compel compliance by proceedings
	235	+	25 for contempt. In such matters, the Department shall be
	236	+
	237	+
	238	+
	239	+
	240	+
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	242	+
	243	+
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	245	+	HB3097 Enrolled - 8 - LRB103 28177 CPF 54556 b
	246	+	1 represented by the Attorney General.
	247	+	2 (Source: P.A. 94-801, eff. 5-25-06.)
	248	+	3 (430 ILCS 85/2-8) (from Ch. 111 1/2, par. 4058)
	249	+	4 Sec. 2-8. The Director, after consultation with and the
	250	+	5 consent of the Board, shall determine a schedule of inspection
	251	+	6 fees and permit fees for each amusement ride or amusement
	252	+	7 attraction.
	253	+	8 (Source: P.A. 98-541, eff. 8-23-13.)
	254	+	9 (430 ILCS 85/2-8.1)
	255	+	10 Sec. 2-8.1. Suspension and revocation of permit to
	256	+	11 operate.
	257	+	12 (a) The Department shall have the power to suspend or
	258	+	13 revoke an owner's permit for any good cause under the meaning
	259	+	14 and purpose of this Act. If a person whose permit has been
	260	+	15 suspended or revoked, or whose application for a permit has
	261	+	16 been denied, believes that the violation or condition
	262	+	17 justifying suspension, revocation, or denial of the permit
	263	+	18 does not exist, the person may apply to the Department for
	264	+	19 reconsideration through a hearing within 10 business working
	265	+	20 days after the Department's action. A hearing shall be
	266	+	21 scheduled, unless otherwise mutually agreed by the parties,
	267	+	22 within 48 hours after the request for hearing.
	268	+	23 (b) Service of notice of a hearing, or any other document
	269	+	24 related to investigation or enforcement of violations, shall
	270	+
	271	+
	272	+
	273	+
	274	+
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	276	+
	277	+
	278	+	HB3097 Enrolled- 9 -LRB103 28177 CPF 54556 b HB3097 Enrolled - 9 - LRB103 28177 CPF 54556 b
	279	+	HB3097 Enrolled - 9 - LRB103 28177 CPF 54556 b
	280	+	1 be made by personal service or certified mail, by regular mail
	281	+	2 if service by certified mail cannot be completed, or by email
	282	+	3 to an email address previously designated by the party to be
	283	+	4 used for such purpose, to the address shown on the application
	284	+	5 for permit, or to any other address on file with the Department
	285	+	6 or and reasonably believed to be the current address of the
	286	+	7 permit holder.
	287	+	8 (c) Such The written notice of a hearing shall specify the
	288	+	9 time, date, and location of the hearing and the reasons for the
	289	+	10 action proposed by the Department.
	290	+	11 (d) At the hearing, the Department shall have the burden
	291	+	12 of establishing good cause for its action. Good cause exists
	292	+	13 if the Department establishes that the permit holder has
	293	+	14 failed to comply with the requirements of a permit under this
	294	+	15 Act and its rules.
	295	+	16 (e) All hearings held under this Section shall comply with
	296	+	17 Article 10 of the Illinois Administrative Procedure Act and
	297	+	18 the Department's rules of procedure in administrative
	298	+	19 hearings, except that formal discovery, such as production
	299	+	20 requests, interrogatories, requests to admit, and depositions
	300	+	21 shall not be allowed. The parties shall exchange documents and
	301	+	22 witness lists prior to hearing and may request third party
	302	+	23 subpoenas to be issued.
	303	+	24 (f) The final determination by the Department of Labor
	304	+	25 shall be rendered within 5 business working days after the
	305	+	26 conclusion of the hearing.
	306	+
	307	+
	308	+
	309	+
	310	+
	311	+	HB3097 Enrolled - 9 - LRB103 28177 CPF 54556 b
	312	+
	313	+
	314	+	HB3097 Enrolled- 10 -LRB103 28177 CPF 54556 b HB3097 Enrolled - 10 - LRB103 28177 CPF 54556 b
	315	+	HB3097 Enrolled - 10 - LRB103 28177 CPF 54556 b
	316	+	1 (g) Final determinations made under this Section are
	317	+	2 subject to the Administrative Review Law.
	318	+	3 (Source: P.A. 98-541, eff. 8-23-13; 98-756, eff. 7-16-14.)
	319	+	4 (430 ILCS 85/2-9) (from Ch. 111 1/2, par. 4059)
	320	+	5 Sec. 2-9. The Department of Labor may hire ride inspectors
	321	+	6 to inspect amusement rides and amusement attractions. The
	322	+	7 qualifications of amusement ride inspectors shall be
	323	+	8 established through regulation by the Director. The chief
	324	+	9 amusement ride inspector shall be licensed in Illinois as a
	325	+	10 professional engineer.
	326	+	11 (Source: P.A. 94-801, eff. 5-25-06.)
	327	+	12 (430 ILCS 85/2-10) (from Ch. 111 1/2, par. 4060)
	328	+	13 Sec. 2-10. No amusement ride or amusement attraction shall
	329	+	14 be operated at a carnival, amusement enterprise, or fair in
	330	+	15 this State without a permit having been issued by the Director
	331	+	16 to an operator of such equipment. At least 30 days prior to the
	332	+	17 first day of operation or the expiration of the permit, any
	333	+	18 person required to obtain a permit by this Act shall apply to
	334	+	19 the Director for a permit on a form furnished by the Director
	335	+	20 which form shall contain such information as the Director may
	336	+	21 require. The Director may waive the requirement that an
	337	+	22 application for a permit must be filed at least 30 days prior
	338	+	23 to the first day of operation or the expiration of the permit
	339	+	24 if the applicant gives satisfactory proof to the Director that
	340	+
	341	+
	342	+
	343	+
	344	+
	345	+	HB3097 Enrolled - 10 - LRB103 28177 CPF 54556 b
	346	+
	347	+
	348	+	HB3097 Enrolled- 11 -LRB103 28177 CPF 54556 b HB3097 Enrolled - 11 - LRB103 28177 CPF 54556 b
	349	+	HB3097 Enrolled - 11 - LRB103 28177 CPF 54556 b
	350	+	1 the applicant he could not reasonably comply with the date
	351	+	2 requirement and if the applicant immediately applies for a
	352	+	3 permit after the need for a permit is first determined. The
	353	+	4 Director may accept applications for a permit not filed at
	354	+	5 least 30 days prior to the first day of operation or the
	355	+	6 expiration of the permit only if the applicant applies for the
	356	+	7 permit prior to the inspection of the ride or attraction. For
	357	+	8 the purpose of determining if an amusement ride or amusement
	358	+	9 attraction is in safe operating condition and will provide
	359	+	10 protection to the public using such amusement ride or
	360	+	11 amusement attraction, each amusement ride or amusement
	361	+	12 attraction shall be inspected by a ride inspector the Director
	362	+	13 before it is initially placed in operation in this State, and
	363	+	14 shall thereafter be inspected by a ride inspector at least
	364	+	15 once each year. The Department may conduct inspections to
	365	+	16 ensure continued compliance with the provisions of this Act or
	366	+	17 any rules adopted hereunder.
	367	+	18 If, after inspection, an amusement ride or amusement
	368	+	19 attraction is found to comply with the rules adopted under
	369	+	20 this Act, the Director shall issue a permit for the operation
	370	+	21 of the amusement ride or amusement attraction. The permit
	371	+	22 shall be issued conditioned upon the payment of the permit fee
	372	+	23 and any applicable inspection fee at the time the application
	373	+	24 for permit to operate is filed with the Department and may be
	374	+	25 suspended as provided in the Department's rules. The Director
	375	+	26 may, in the Director's discretion, deny a permit from an
	376	+
	377	+
	378	+
	379	+
	380	+
	381	+	HB3097 Enrolled - 11 - LRB103 28177 CPF 54556 b
	382	+
	383	+
	384	+	HB3097 Enrolled- 12 -LRB103 28177 CPF 54556 b HB3097 Enrolled - 12 - LRB103 28177 CPF 54556 b
	385	+	HB3097 Enrolled - 12 - LRB103 28177 CPF 54556 b
	386	+	1 applicant with a documented history of misrepresentation or
	387	+	2 conveying false information to the Department.
	388	+	3 If, after inspection, additions or alterations are
	389	+	4 contemplated which change a structure, mechanism,
	390	+	5 classification or capacity, the operator shall notify the
	391	+	6 Director of the operator's his intentions in writing and
	392	+	7 provide any plans or diagrams requested by the Director.
	393	+	8 (Source: P.A. 98-769, eff. 1-1-15.)
	394	+	9 (430 ILCS 85/2-12) (from Ch. 111 1/2, par. 4062)
	395	+	10 Sec. 2-12. Correction notice and order Order for cessation
	396	+	11 of operation of amusement ride or attraction.
	397	+	12 (a) If, upon inspection, the Department determines that an
	398	+	13 element or elements of an amusement ride or amusement
	399	+	14 attraction are in violation of this Act or any rules adopted
	400	+	15 under this Act, the Department may issue a correction notice
	401	+	16 to the owner or operator, allowing the owner or operator to
	402	+	17 continue operating the amusement ride or amusement attraction
	403	+	18 but requiring the owner or operator to address the deficiency
	404	+	19 and come into compliance with adopted standards by a set
	405	+	20 deadline. If the owner or operator does not meet the deadline
	406	+	21 established in the correction notice, the Department may issue
	407	+	22 a cessation order as described in subsection (a-5) of this
	408	+	23 Section.
	409	+	24 (a-5) (a) The Department of Labor may order, in writing, a
	410	+	25 temporary and immediate cessation of operation of any
	411	+
	412	+
	413	+
	414	+
	415	+
	416	+	HB3097 Enrolled - 12 - LRB103 28177 CPF 54556 b
	417	+
	418	+
	419	+	HB3097 Enrolled- 13 -LRB103 28177 CPF 54556 b HB3097 Enrolled - 13 - LRB103 28177 CPF 54556 b
	420	+	HB3097 Enrolled - 13 - LRB103 28177 CPF 54556 b
	421	+	1 amusement ride or amusement attraction, also known as a "stop
	422	+	2 order", if:
	423	+	3 (1) it has been determined after inspection to be
	424	+	4 hazardous or unsafe;
	425	+	5 (2) it is in operation before the Director has issued
	426	+	6 a permit to operate such equipment; or
	427	+	7 (3) the owner or operator is not in compliance with
	428	+	8 any of the insurance requirements contained in Section
	429	+	9 2-14 of this Act or and any rules or regulations adopted
	430	+	10 under this Act hereunder.
	431	+	11 (b) After the cessation of operation, operation Operation
	432	+	12 of the amusement ride or amusement attraction shall not resume
	433	+	13 until:
	434	+	14 (1) the unsafe or hazardous condition is corrected to
	435	+	15 the satisfaction of the Director or such inspector;
	436	+	16 (2) the Director has issued a permit to operate such
	437	+	17 equipment; or
	438	+	18 (3) the owner or operator is in compliance with the
	439	+	19 insurance requirements contained in Section 2-14 of this
	440	+	20 Act and any rules or regulations adopted under this Act
	441	+	21 hereunder, respectively.
	442	+	22 (c) The Department shall notify the owner or operator in
	443	+	23 writing, via certified mail, service by sheriff, personal
	444	+	24 service, or in person, of the grounds for the cessation of
	445	+	25 operation of the amusement ride or attraction and of the
	446	+	26 conditions in need of correction at the time the order for
	447	+
	448	+
	449	+
	450	+
	451	+
	452	+	HB3097 Enrolled - 13 - LRB103 28177 CPF 54556 b
	453	+
	454	+
	455	+	HB3097 Enrolled- 14 -LRB103 28177 CPF 54556 b HB3097 Enrolled - 14 - LRB103 28177 CPF 54556 b
	456	+	HB3097 Enrolled - 14 - LRB103 28177 CPF 54556 b
	457	+	1 cessation is issued. The Department may also notify the county
	458	+	2 sheriff or other local law enforcement where the amusement
	459	+	3 enterprise is operated that the Department has issued a
	460	+	4 cessation order to that enterprise. The Department shall post
	461	+	5 or shall require the owner or operator to post a notice at the
	462	+	6 entrance to the amusement enterprise stating that a cessation
	463	+	7 order has been issued for the attraction. The notice shall
	464	+	8 remain posted until the cessation order has been lifted by the
	465	+	9 Department.
	466	+	10 (c-5) Upon request by the Department, the Illinois State
	467	+	11 Police or local law enforcement may enforce a cessation order.
	468	+	12 (d) The owner or operator may appeal an order of cessation
	469	+	13 by filing a request for a hearing. The Department shall afford
	470	+	14 the owner or operator 10 business working days after the date
	471	+	15 of the notice to request a hearing. Upon written request for
	472	+	16 hearing, the Department shall schedule a formal administrative
	473	+	17 hearing in compliance with Article 10 of the Illinois
	474	+	18 Administrative Procedure Act and pursuant to the provisions of
	475	+	19 the Department's rules of procedure in administrative
	476	+	20 hearings, except that formal discovery, such as production
	477	+	21 requests, interrogatories, requests to admit, and depositions
	478	+	22 will not be allowed. The parties shall exchange documents and
	479	+	23 witness lists prior to hearing and may request third party
	480	+	24 subpoenas to be issued.
	481	+	25 (e) The final determination by the Department of Labor
	482	+	26 shall be rendered within 5 business working days after the
	483	+
	484	+
	485	+
	486	+
	487	+
	488	+	HB3097 Enrolled - 14 - LRB103 28177 CPF 54556 b
	489	+
	490	+
	491	+	HB3097 Enrolled- 15 -LRB103 28177 CPF 54556 b HB3097 Enrolled - 15 - LRB103 28177 CPF 54556 b
	492	+	HB3097 Enrolled - 15 - LRB103 28177 CPF 54556 b
	493	+	1 conclusion of the hearing.
	494	+	2 (f) The provisions of the Administrative Review Law shall
	495	+	3 apply to and govern all proceedings for the judicial review of
	496	+	4 a final determination under this Section.
	497	+	5 (Source: P.A. 98-541, eff. 8-23-13; 98-756, eff. 7-16-14;
	498	+	6 99-78, eff. 7-20-15.)
	499	+	7 (430 ILCS 85/2-14) (from Ch. 111 1/2, par. 4064)
	500	+	8 Sec. 2-14. No person shall operate an amusement ride or
	501	+	9 attraction unless there is in force a liability insurance
	502	+	10 policy or policies in an amount of not less than $1,000,000 for
	503	+	11 bodily injury to or death of one or more persons, damage to or
	504	+	12 destruction of property of others, or a combination thereof,
	505	+	13 and, subject to the per occurrence limit, in an aggregate
	506	+	14 amount of not less than $2,000,000 for bodily injury to or
	507	+	15 death of two or more persons, or damage to or destruction of
	508	+	16 property of others, in any one policy period, insuring the
	509	+	17 operator against liability for injury, death, or property
	510	+	18 damage. Any owner or operator applying for a permit or renewal
	511	+	19 must present proof of this insurance at the time of the
	512	+	20 inspection required under Section 2-10.
	513	+	21 (Source: P.A. 98-541, eff. 8-23-13.)
	514	+	22 (430 ILCS 85/2-15) (from Ch. 111 1/2, par. 4065)
	515	+	23 Sec. 2-15. Penalties.
	516	+	24 (a) Criminal penalties.
	517	+
	518	+
	519	+
	520	+
	521	+
	522	+	HB3097 Enrolled - 15 - LRB103 28177 CPF 54556 b
	523	+
	524	+
	525	+	HB3097 Enrolled- 16 -LRB103 28177 CPF 54556 b HB3097 Enrolled - 16 - LRB103 28177 CPF 54556 b
	526	+	HB3097 Enrolled - 16 - LRB103 28177 CPF 54556 b
	527	+	1 1. Any person who operates an amusement ride or
	528	+	2 amusement attraction at a carnival, amusement enterprise,
	529	+	3 or fair without having obtained a permit from the
	530	+	4 Department or who violates any cessation order or other
	531	+	5 order or rule issued by the Department under this Act is
	532	+	6 guilty of a Class A misdemeanor. Each day shall constitute
	533	+	7 a separate and distinct offense.
	534	+	8 2. Any person who interferes with, impedes, or
	535	+	9 obstructs in any manner the Director or any authorized
	536	+	10 representative of the Department in the performance of
	537	+	11 their duties under this Act is guilty of a Class A
	538	+	12 misdemeanor.
	539	+	13 (b) Civil penalties. Unless otherwise provided in this
	540	+	14 Act, any person who operates an amusement ride or amusement
	541	+	15 attraction without having obtained a permit from the
	542	+	16 Department in violation of this Act is subject to a civil
	543	+	17 penalty not to exceed $2,500 per violation per day for a first
	544	+	18 violation, a civil penalty and not to exceed $5,000 per
	545	+	19 violation per day for a second violation, and a civil penalty
	546	+	20 not to exceed $10,000 per violation per day for a third or
	547	+	21 subsequent violation. Each amusement ride or amusement
	548	+	22 attraction operated in violation of this Act shall be a
	549	+	23 separate violation. Any amusement ride or amusement attraction
	550	+	24 owner or operator who violates any other provision of this Act
	551	+	25 or rule adopted under this Act shall be subject to a civil
	552	+	26 penalty not to exceed $1,000 per violation.
	553	+
	554	+
	555	+
	556	+
	557	+
	558	+	HB3097 Enrolled - 16 - LRB103 28177 CPF 54556 b
	559	+
	560	+
	561	+	HB3097 Enrolled- 17 -LRB103 28177 CPF 54556 b HB3097 Enrolled - 17 - LRB103 28177 CPF 54556 b
	562	+	HB3097 Enrolled - 17 - LRB103 28177 CPF 54556 b
	563	+	1 Prior to any determination, or the imposition of any civil
	564	+	2 penalty, under this subsection (b), the Department shall
	565	+	3 notify the owner or operator in writing of the alleged
	566	+	4 violation. The Department shall afford the owner or operator
	567	+	5 10 business working days after the date of the notice to
	568	+	6 request a hearing. Upon written request for a hearing of the
	569	+	7 operator, the Department shall schedule a formal
	570	+	8 administrative hearing in compliance with Article 10 of the
	571	+	9 Illinois Administrative Procedure Act and the Department's
	572	+	10 rules of procedure in administrative hearings, except that
	573	+	11 formal discovery, such as production requests,
	574	+	12 interrogatories, requests to admit, and depositions shall not
	575	+	13 be allowed. The parties shall exchange documents and witness
	576	+	14 lists prior to hearing and may request third party subpoenas
	577	+	15 to be issued. The final determination by the Department of
	578	+	16 Labor shall be rendered within 5 business working days after
	579	+	17 the conclusion of the hearing. Final determinations made under
	580	+	18 this Section are subject to the provisions of the
	581	+	19 Administrative Review Law. In determining the amount of a
	582	+	20 penalty, the Director may consider the appropriateness of the
	583	+	21 penalty to the person or entity charged, upon determination of
	584	+	22 the gravity of the violation. The penalties, when finally
	585	+	23 determined, may be recovered in a civil action brought by the
	586	+	24 Department Director of Labor in any circuit court. In such
	587	+	25 civil this litigation, the Department Director of Labor shall
	588	+	26 be represented by the Attorney General.
	589	+
	590	+
	591	+
	592	+
	593	+
	594	+	HB3097 Enrolled - 17 - LRB103 28177 CPF 54556 b
	595	+
	596	+
	597	+	HB3097 Enrolled- 18 -LRB103 28177 CPF 54556 b HB3097 Enrolled - 18 - LRB103 28177 CPF 54556 b
	598	+	HB3097 Enrolled - 18 - LRB103 28177 CPF 54556 b
	599	+	1 (Source: P.A. 98-541, eff. 8-23-13; 98-756, eff. 7-16-14;
	600	+	2 98-769, eff. 1-1-15.)
	601	+	3 (430 ILCS 85/2-15.1) (from Ch. 111 1/2, par. 4065.1)
	602	+	4 Sec. 2-15.1. When contracting with any Any person or
	603	+	5 entity contracting with an operator for the provision of an
	604	+	6 amusement ride or amusement attraction, the amusement ride or
	605	+	7 amusement attraction owner or operator shall inform the
	606	+	8 Department of the name and address of the operator, as well as
	607	+	9 the dates on which the amusement ride or amusement attraction
	608	+	10 will be operated pursuant to the contract, the person or
	609	+	11 entity contracting with the owner or operator, and the
	610	+	12 location at which such ride or attraction will be so operated.
	611	+	13 (Source: P.A. 84-533.)
	612	+	14 (430 ILCS 85/2-15.2)
	613	+	15 Sec. 2-15.2. Injunction to compel compliance.
	614	+	16 (a) The Department shall have the power to seek bring
	615	+	17 injunctive relief proceedings in any court of competent
	616	+	18 jurisdiction to compel compliance with any order issued made
	617	+	19 by the Department under this Act.
	618	+	20 (b) The Department shall also have the power to seek bring
	619	+	21 temporary and immediate injunctive relief in any court of
	620	+	22 competent jurisdiction when necessary for the protection of
	621	+	23 the health and safety of the general public using amusement
	622	+	24 rides and amusement attractions. In such matters, the
	623	+
	624	+
	625	+
	626	+
	627	+
	628	+	HB3097 Enrolled - 18 - LRB103 28177 CPF 54556 b
	629	+
	630	+
	631	+	HB3097 Enrolled- 19 -LRB103 28177 CPF 54556 b HB3097 Enrolled - 19 - LRB103 28177 CPF 54556 b
	632	+	HB3097 Enrolled - 19 - LRB103 28177 CPF 54556 b
	633	+	1 Department shall be represented by the Attorney General.
	634	+	2 (Source: P.A. 98-541, eff. 8-23-13.)
	635	+	3 (430 ILCS 85/2-15.3)
	636	+	4 Sec. 2-15.3. Amusement Ride and Patron Safety Fund. All
	637	+	5 moneys received by the Department as fees and penalties under
	638	+	6 this Act shall be deposited into the Amusement Ride and Patron
	639	+	7 Safety Fund and shall be used by the Department, subject to
	640	+	8 appropriation by the General Assembly, in addition to any
	641	+	9 General Revenue funds, for administration, investigation, and
	642	+	10 other expenses incurred in carrying out its powers and duties
	643	+	11 under this Act, including costs related to the Board. The
	644	+	12 Department shall hire as many ride inspectors and other
	645	+	13 personnel as may be necessary to carry out the purposes of this
	646	+	14 Act. Any moneys in the Fund at the end of a fiscal year in
	647	+	15 excess of those moneys necessary for the Department to carry
	648	+	16 out its powers and duties under this Act shall be available to
	649	+	17 the Department for the next fiscal year for any of the
	650	+	18 Department's duties and may be transferred from the Amusement
	651	+	19 Ride and Patron Safety Fund to the various accounts available
	652	+	20 to the Department, as needed.
	653	+	21 (Source: P.A. 98-541, eff. 8-23-13.)
	654	+	22 (430 ILCS 85/2-16) (from Ch. 111 1/2, par. 4066)
	655	+	23 Sec. 2-16. Exemptions. The following amusement rides or
	656	+	24 amusement attractions are exempt from the provisions of this
	657	+
	658	+
	659	+
	660	+
	661	+
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	663	+
	664	+
	665	+	HB3097 Enrolled- 20 -LRB103 28177 CPF 54556 b HB3097 Enrolled - 20 - LRB103 28177 CPF 54556 b
	666	+	HB3097 Enrolled - 20 - LRB103 28177 CPF 54556 b
	667	+	1 Act:
	668	+	2 Any amusement ride or amusement attraction which is owned
	669	+	3 or operated by a non-profit religious, educational or
	670	+	4 charitable institution or association if such amusement ride
	671	+	5 or amusement attraction is located within a building subject
	672	+	6 to inspection by the state fire marshal or by any political
	673	+	7 subdivisions of the State under its building, fire,
	674	+	8 electrical, and related public safety ordinances, and the
	675	+	9 amusement ride or amusement attraction itself has passed an is
	676	+	10 subject to inspection by a political subdivision of the State
	677	+	11 in accordance with Section 2-17.
	678	+	12 (Source: P.A. 96-151, eff. 8-7-09.)
	679	+	13 (430 ILCS 85/2-17) (from Ch. 111 1/2, par. 4067)
	680	+	14 Sec. 2-17. A municipality within its corporate limits and
	681	+	15 a county within unincorporated areas within its boundaries may
	682	+	16 inspect, license or regulate any amusement ride or amusement
	683	+	17 attraction operated at a carnival, amusement enterprise, or
	684	+	18 fair, provided that any safety standards or regulations
	685	+	19 implemented by a municipality or county in connection
	686	+	20 therewith shall be at least as stringent as those provided for
	687	+	21 in this Act and the rules and regulations adopted hereunder.
	688	+	22 An owner or operator may use a report of such municipal or
	689	+	23 county inspection to support a request for a waiver of
	690	+	24 Department inspection under Section 2-18. Any municipality or
	691	+	25 county which inspects, licenses, or otherwise regulates
	692	+
	693	+
	694	+
	695	+
	696	+
	697	+	HB3097 Enrolled - 20 - LRB103 28177 CPF 54556 b
	698	+
	699	+
	700	+	HB3097 Enrolled- 21 -LRB103 28177 CPF 54556 b HB3097 Enrolled - 21 - LRB103 28177 CPF 54556 b
	701	+	HB3097 Enrolled - 21 - LRB103 28177 CPF 54556 b
	702	+	1 amusement rides or amusement attractions may impose reasonable
	703	+	2 fees to cover the costs thereof.
	704	+	3 (Source: P.A. 98-769, eff. 1-1-15.)
	705	+	4 (430 ILCS 85/2-18) (from Ch. 111 1/2, par. 4068)
	706	+	5 Sec. 2-18. Waiver of inspection. The Director may waive
	707	+	6 the requirement that an amusement ride or amusement attraction
	708	+	7 or any part thereof be inspected before being operated, and
	709	+	8 may waive any applicable fees for inspection, if an operator
	710	+	9 gives satisfactory proof to the Director that the amusement
	711	+	10 ride or amusement attraction or any part thereof has passed an
	712	+	11 inspection conducted by a public or private agency whose
	713	+	12 inspection standards and requirements are at least as
	714	+	13 stringent as equal to those requirements and standards
	715	+	14 established by the Department under the provisions of this
	716	+	15 Act. The Department may compel any documentation or evidence
	717	+	16 necessary to prove compliance with the requirements of Section
	718	+	17 2-17. The annual permit fees shall be paid before the Director
	719	+	18 may waive this requirement.
	720	+	19 (Source: P.A. 94-801, eff. 5-25-06.)
	721	+	20 (430 ILCS 85/2-19) (from Ch. 111 1/2, par. 4069)
	722	+	21 Sec. 2-19. The owner or operator of an amusement ride or
	723	+	22 amusement attraction may remove a person from or deny a person
	724	+	23 entry to an amusement ride or amusement attraction if, in the
	725	+	24 owner's or operator's opinion, the entry or conduct may
	726	+
	727	+
	728	+
	729	+
	730	+
	731	+	HB3097 Enrolled - 21 - LRB103 28177 CPF 54556 b
	732	+
	733	+
	734	+	HB3097 Enrolled- 22 -LRB103 28177 CPF 54556 b HB3097 Enrolled - 22 - LRB103 28177 CPF 54556 b
	735	+	HB3097 Enrolled - 22 - LRB103 28177 CPF 54556 b
	736	+	1 jeopardize the safety of such person or the safety of any other
	737	+	2 person. Nothing in this Section will permit an owner or
	738	+	3 operator to deny a ride an inspector access to an amusement
	739	+	4 ride or amusement attraction when such ride inspector is
	740	+	5 acting within the scope of the ride inspector's his duties
	741	+	6 under this Act.
	742	+	7 (Source: P.A. 96-151, eff. 8-7-09; 96-1000, eff. 7-2-10.)
	743	+	8 (430 ILCS 85/2-20)
	744	+	9 Sec. 2-20. Employment of carnival and amusement enterprise
	745	+	10 workers.
	746	+	11 (a) Beginning on January 1, 2008, no person, firm,
	747	+	12 corporation, or other entity that owns or operates a carnival,
	748	+	13 amusement enterprise, or fair shall allow a person to perform
	749	+	14 work associated with an amusement ride or amusement
	750	+	15 attraction, including any volunteer work, employ a carnival or
	751	+	16 amusement enterprise worker who (i) has been convicted of any
	752	+	17 offense set forth in Article 11 of the Criminal Code of 1961 or
	753	+	18 the Criminal Code of 2012, (ii) is a registered sex offender,
	754	+	19 as defined in the Sex Offender Registration Act, or (iii) has
	755	+	20 ever been convicted of any offense set forth in Article 9 of
	756	+	21 the Criminal Code of 1961 or the Criminal Code of 2012.
	757	+	22 (b) A person, firm, corporation, or other entity that owns
	758	+	23 or operates a carnival, amusement enterprise, or fair must
	759	+	24 conduct a criminal history records check and perform a check
	760	+	25 of the National Sex Offender Public Registry for carnival or
	761	+
	762	+
	763	+
	764	+
	765	+
	766	+	HB3097 Enrolled - 22 - LRB103 28177 CPF 54556 b
	767	+
	768	+
	769	+	HB3097 Enrolled- 23 -LRB103 28177 CPF 54556 b HB3097 Enrolled - 23 - LRB103 28177 CPF 54556 b
	770	+	HB3097 Enrolled - 23 - LRB103 28177 CPF 54556 b
	771	+	1 amusement enterprise workers at the time they are hired, and
	772	+	2 annually thereafter except if they are in the continued employ
	773	+	3 of the entity.
	774	+	4 The criminal history records check performed under this
	775	+	5 subsection (b) shall be performed by the Illinois State
	776	+	6 Police, another State or federal law enforcement agency, or a
	777	+	7 business belonging to the National Association of Professional
	778	+	8 Background Check Screeners Association. Any criminal history
	779	+	9 checks performed by the Illinois State Police shall be
	780	+	10 performed pursuant to the Illinois Uniform Conviction
	781	+	11 Information Act.
	782	+	12 Individuals who are under the age of 17 are exempt from the
	783	+	13 criminal history records check requirements set forth in this
	784	+	14 subsection (b).
	785	+	15 (c) Any person, firm, corporation, or other entity that
	786	+	16 owns or operates a carnival, amusement enterprise, or fair
	787	+	17 must have a substance abuse policy in place for its workers,
	788	+	18 which shall include random drug testing of carnival or
	789	+	19 amusement enterprise workers.
	790	+	20 (d) Any person, firm, corporation, or other entity that
	791	+	21 owns or operates a carnival, amusement enterprise, or fair
	792	+	22 that violates the provisions of subsection (a) of this Section
	793	+	23 or fails to conduct a criminal history records check or a sex
	794	+	24 offender registry check for carnival or amusement enterprise
	795	+	25 workers in its employ, as required by subsection (b) of this
	796	+	26 Section, or fails to maintain a substance abuse policy as
	797	+
	798	+
	799	+
	800	+
	801	+
	802	+	HB3097 Enrolled - 23 - LRB103 28177 CPF 54556 b
	803	+
	804	+
	805	+	HB3097 Enrolled- 24 -LRB103 28177 CPF 54556 b HB3097 Enrolled - 24 - LRB103 28177 CPF 54556 b
	806	+	HB3097 Enrolled - 24 - LRB103 28177 CPF 54556 b
	807	+	1 required by subsection (c) of this Section shall be assessed a
	808	+	2 civil penalty in an amount not to exceed $5,000 for a first
	809	+	3 offense, shall be assessed a civil penalty in an amount not to
	810	+	4 exceed $10,000 for a second offense, and a subsequent offense
	811	+	5 shall result in the revocation of a permit to operate in
	812	+	6 accordance with Section 2-8.1. The collection of these
	813	+	7 penalties shall be enforced in a civil action brought by the
	814	+	8 Attorney General on behalf of the Department.
	815	+	9 (e) Unless the owner or operator knew or reasonably should
	816	+	10 have known that the information was falsified, a A carnival,
	817	+	11 amusement enterprise, or fair owner is not responsible for the
	818	+	12 accuracy of:
	819	+	13 (1) any personal information submitted by a carnival
	820	+	14 or amusement enterprise worker for criminal history
	821	+	15 records check purposes; or
	822	+	16 (2) any information provided by a third party for a
	823	+	17 criminal history records check or a sex offender registry
	824	+	18 check.
	825	+	19 (f) Recordkeeping requirements. Any person, firm,
	826	+	20 corporation, or other entity that owns or operates a carnival,
	827	+	21 amusement enterprise, or fair subject to the provisions of
	828	+	22 this Act shall make, preserve, and make available to the
	829	+	23 Department, upon its request, all records that are required by
	830	+	24 this Act, including but not limited to a written substance
	831	+	25 abuse policy, evidence of the required criminal history
	832	+	26 records check and sex offender registry check, and any other
	833	+
	834	+
	835	+
	836	+
	837	+
	838	+	HB3097 Enrolled - 24 - LRB103 28177 CPF 54556 b
	839	+
	840	+
	841	+	HB3097 Enrolled- 25 -LRB103 28177 CPF 54556 b HB3097 Enrolled - 25 - LRB103 28177 CPF 54556 b
	842	+	HB3097 Enrolled - 25 - LRB103 28177 CPF 54556 b
	843	+	1 information the Director may deem necessary and appropriate
	844	+	2 for enforcement of this Act.
	845	+	3 (g) A carnival, amusement enterprise, or fair owner shall
	846	+	4 not be liable to any employee in carrying out the requirements
	847	+	5 of this Section.
	848	+	6 (h) At all times that an amusement ride or amusement
	849	+	7 attraction is in use, an owner or operator shall ensure that at
	850	+	8 least one operator working on site has been certified to
	851	+	9 provide First Aid and cardiopulmonary resuscitation (CPR).
	852	+	10 (Source: P.A. 100-944, eff. 1-1-19.)
	853	+	11 (430 ILCS 85/2-21 rep.)
	854	+	12 Section 10. The Amusement Ride and Attraction Safety Act
	855	+	13 is amended by repealing Section 2-21.
	856	+	HB3097 Enrolled- 26 -LRB103 28177 CPF 54556 b 1 INDEX 2 Statutes amended in order of appearance HB3097 Enrolled- 26 -LRB103 28177 CPF 54556 b HB3097 Enrolled - 26 - LRB103 28177 CPF 54556 b 1 INDEX 2 Statutes amended in order of appearance
	857	+	HB3097 Enrolled- 26 -LRB103 28177 CPF 54556 b HB3097 Enrolled - 26 - LRB103 28177 CPF 54556 b
	858	+	HB3097 Enrolled - 26 - LRB103 28177 CPF 54556 b
	859	+	1 INDEX
	860	+	2 Statutes amended in order of appearance
	861	+
	862	+
	863	+
	864	+
	865	+
	866	+	HB3097 Enrolled - 25 - LRB103 28177 CPF 54556 b
	867	+
	868	+
	869	+
	870	+	HB3097 Enrolled- 26 -LRB103 28177 CPF 54556 b HB3097 Enrolled - 26 - LRB103 28177 CPF 54556 b
	871	+	HB3097 Enrolled - 26 - LRB103 28177 CPF 54556 b
	872	+	1 INDEX
	873	+	2 Statutes amended in order of appearance
	874	+
	875	+
	876	+
	877	+
	878	+
	879	+	HB3097 Enrolled - 26 - LRB103 28177 CPF 54556 b