Bill Text: IL HB3097 | 2023-2024 | 103rd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Amusement Ride and Attraction Safety Act. Provides that the Amusement Ride and Attraction Safety Board may hire such clerical and administrative help as it deems necessary, to be paid out of an appropriation from the Amusement Ride and Patron Safety Fund (rather than from an appropriation to the Board). Removes a provision providing that the Director of the Department of Labor may promulgate rules to establish a schedule of fees for inspections. Provides that the Director, after consultation with and the consent of the Board, shall determine a schedule of inspection fees and permit fees (rather than just permit fees) for each amusement ride or amusement attraction. Provides that the Director may accept applications for a permit not filed at least 30 days prior to the first day of operation or the expiration of the permit only if the applicant applies for the permit prior to the inspection of the ride or attraction. Provides that if, upon inspection, the Department determines that an element or elements of an amusement ride or amusement attraction is in violation of the Act or any rules adopted under it, the Department may issue a correction notice to the owner or operator, allowing the owner or operator to continue operating the amusement ride or amusement attraction, but requiring the owner or operator to address the deficiency and come into compliance with adopted standards by a set deadline. Provides that, if the owner or operator does not meet the deadline established in the correction notice, the Department may issue a Cessation Order as described in subsection (b) of this Section. Makes changes in provisions concerning: insurance; penalties; contracting with an entity; injunctions to compel compliance; the Amusement Ride and Patron Safety Fund; exemptions; waivers of inspections; and employment of carnival and amusement enterprise workers. Makes other changes.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2023-06-30 - Public Act . . . . . . . . . 103-0177 [HB3097 Detail]

Download: Illinois-2023-HB3097-Enrolled.html

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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 Amusement Ride and Attraction Safety Act is
amended by changing Sections 2-2, 2-3, 2-4, 2-6, 2-7, 2-8,
2-8.1, 2-9, 2-10, 2-12, 2-14, 2-15, 2-15.1, 2-15.2, 2-15.3,
2-16, 2-17, 2-18, 2-19, and 2-20 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 travel
walk without the aid of any moving device, that provides
amusement, thrills or excitement at a fair, a carnival, or an
amusement enterprise, 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,

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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);
(c-5) any trampoline court;
(d) any dry slide, alpine slide, or toboggan slide,
except:
(1) any slide that is placed in a playground and
that does not normally require the supervision or
services of a person responsible for its operation; or
(2) any slide that is not open to the general
public and for which admission is monitored and
strictly controlled by invitation, company or group
identification, or other means of identification;
(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;

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(f) any bungee cord or similar elastic device; or
(g) any inflatable attraction.
5. "Carnival" or "amusement enterprise" means an
establishment that enterprise which offers amusement or
entertainment to the general public by means of one or more
amusement attractions or amusement rides, regardless of
whether a form of payment is required for admission.
"Carnival worker" or "amusement enterprise worker" means
an individual who performs work for a carnival, amusement
enterprise, 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.
"Department" means the Department of Labor.
"Director" means the Director of the Department of Labor
or the Director's designee.
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.
"Inflatable attraction" means an amusement ride or device
that is designed for bouncing, climbing, sliding, or other
forms of interactive play, 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.
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

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amusement ride or an amusement attraction at a carnival,
amusement enterprise, or fair. "Operator" includes an agency
of the State or any of its political subdivisions.
8. "Carnival worker" or "amusement enterprise worker"
means a person who is employed (and is therefore not a
volunteer) by a carnival, amusement enterprise, 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.
11. "Trampoline court" means a commercial facility with a
defined area composed of one or more trampolines, a series of
trampolines, a trampoline court foam pit, or a series of
trampoline court foam pits. "Trampoline court" does not

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include a gymnastic training facility that only utilizes
trampolines during the supervised instruction of gymnastic
skills.
(Source: P.A. 102-255, eff. 1-1-22.)
(430 ILCS 85/2-3) (from Ch. 111 1/2, par. 4053)
Sec. 2-3. There is hereby created the Amusement Ride and
Attraction Safety Board, hereafter in this Act referred to as
the "Board", to consist of 9 members. One member shall be the
Director. Eight members shall be appointed by the Governor
with the advice and consent of the Senate. The term of members
shall be 4 years. Of the 8 appointed members of the Board, 2
shall be operators of amusement rides or amusement
attractions, 1 shall be a registered professional engineer, 1
shall represent the insurance industry, and 4 shall represent
the general public. The Board shall advise the Department on
carnival, amusement enterprise, and amusement safety matters.
(Source: P.A. 97-737, eff. 7-3-12; 98-769, eff. 1-1-15.)
(430 ILCS 85/2-4) (from Ch. 111 1/2, par. 4054)
Sec. 2-4. A majority of the 9 members of the Board
constitutes a quorum. The Board shall meet at least twice
yearly and at the call of the chairperson chairman or by
written request of at least 5 members. The Board shall elect a
chairperson chairman and such other officers as it deems
necessary to perform its duties between meetings and may hire

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such clerical and administrative help as it deems necessary,
to be paid out of the appropriation to the Amusement Ride and
Patron Safety Fund Board.
(Source: P.A. 97-737, eff. 7-3-12.)
(430 ILCS 85/2-6) (from Ch. 111 1/2, par. 4056)
Sec. 2-6. (a) The Director, after consultation with 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.

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(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.
(Source: P.A. 98-541, eff. 8-23-13.)
(430 ILCS 85/2-7) (from Ch. 111 1/2, par. 4057)
Sec. 2-7. The Director shall administer and enforce all
provisions of this Act and all codes, rules and regulations
promulgated pursuant to this Act. The Director or his or her
authorized representative has the authority to require by
subpoena the attendance and testimony of witnesses and the
production of all books, records, equipment, and other
evidence relative to a matter under investigation or hearing.
The subpoena shall be signed and issued by the Director or the
Director's his or her authorized representative. If a person
fails to comply with any subpoena lawfully issued under this
Section or a witness refuses to produce evidence or testify to
any matter regarding which the witness he or she may be
lawfully interrogated, the circuit court shall, upon
application of the Director or the Director's his or her
authorized representative, compel compliance by proceedings
for contempt. In such matters, the Department shall be

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represented by the Attorney General.
(Source: P.A. 94-801, eff. 5-25-06.)
(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 inspection
fees and permit fees for each amusement ride or amusement
attraction.
(Source: P.A. 98-541, eff. 8-23-13.)
(430 ILCS 85/2-8.1)
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 business 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, or any other document
related to investigation or enforcement of violations, shall

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be made by personal service or certified mail, by regular mail
if service by certified mail cannot be completed, or by email
to an email address previously designated by the party to be
used for such purpose, to the address shown on the application
for permit, or to any other address on file with the Department
or and reasonably believed to be the current address of the
permit holder.
(c) Such 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 Illinois 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 business working days after the
conclusion of the hearing.

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(g) Final determinations made under this Section are
subject to the Administrative Review Law.
(Source: P.A. 98-541, eff. 8-23-13; 98-756, eff. 7-16-14.)
(430 ILCS 85/2-9) (from Ch. 111 1/2, par. 4059)
Sec. 2-9. The Department of Labor may hire ride inspectors
to inspect amusement rides and amusement attractions. The
qualifications of amusement ride inspectors shall be
established through regulation by the Director. The chief
amusement ride inspector shall be licensed in Illinois as a
professional engineer.
(Source: P.A. 94-801, eff. 5-25-06.)
(430 ILCS 85/2-10) (from Ch. 111 1/2, par. 4060)
Sec. 2-10. No amusement ride or amusement attraction shall
be operated at a carnival, amusement enterprise, or fair in
this State without a permit having been issued by the Director
to an operator of such equipment. At least 30 days prior to the
first day of operation or the expiration of the permit, any
person required to obtain a permit by this Act shall apply to
the Director for a permit on a form furnished by the Director
which form shall contain such information as the Director may
require. The Director may waive the requirement that an
application for a permit must be filed at least 30 days prior
to the first day of operation or the expiration of the permit
if the applicant gives satisfactory proof to the Director that

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the applicant he could not reasonably comply with the date
requirement and if the applicant immediately applies for a
permit after the need for a permit is first determined. The
Director may accept applications for a permit not filed at
least 30 days prior to the first day of operation or the
expiration of the permit only if the applicant applies for the
permit prior to the inspection of the ride or attraction. For
the purpose of determining if an amusement ride or amusement
attraction is in safe operating condition and will provide
protection to the public using such amusement ride or
amusement attraction, each amusement ride or amusement
attraction shall be inspected by a ride inspector the Director
before it is initially placed in operation in this State, and
shall thereafter be inspected by a ride inspector at least
once each year. The Department may conduct inspections to
ensure continued compliance with the provisions of this Act or
any rules adopted hereunder.
If, after inspection, an amusement ride or amusement
attraction is found to comply with the rules adopted under
this Act, the Director shall issue a permit for the operation
of the amusement ride or amusement attraction. The permit
shall be issued conditioned upon the payment of the permit fee
and any applicable inspection fee at the time the application
for permit to operate is filed with the Department and may be
suspended as provided in the Department's rules. The Director
may, in the Director's discretion, deny a permit from an

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applicant with a documented history of misrepresentation or
conveying false information to the Department.
If, after inspection, additions or alterations are
contemplated which change a structure, mechanism,
classification or capacity, the operator shall notify the
Director of the operator's his intentions in writing and
provide any plans or diagrams requested by the Director.
(Source: P.A. 98-769, eff. 1-1-15.)
(430 ILCS 85/2-12) (from Ch. 111 1/2, par. 4062)
Sec. 2-12. Correction notice and order Order for cessation
of operation of amusement ride or attraction.
(a) If, upon inspection, the Department determines that an
element or elements of an amusement ride or amusement
attraction are in violation of this Act or any rules adopted
under this Act, the Department may issue a correction notice
to the owner or operator, allowing the owner or operator to
continue operating the amusement ride or amusement attraction
but requiring the owner or operator to address the deficiency
and come into compliance with adopted standards by a set
deadline. If the owner or operator does not meet the deadline
established in the correction notice, the Department may issue
a cessation order as described in subsection (a-5) of this
Section.
(a-5) (a) The Department of Labor may order, in writing, a
temporary and immediate cessation of operation of any

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amusement ride or amusement attraction, also known as a "stop
order", if:
(1) it has been determined after inspection to be
hazardous or unsafe;
(2) it 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
any of the insurance requirements contained in Section
2-14 of this Act or and any rules or regulations adopted
under this Act hereunder.
(b) After the cessation of operation, operation 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 under this Act
hereunder, respectively.
(c) The Department shall notify the owner or operator in
writing, via certified mail, service by sheriff, personal
service, or in person, 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

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cessation is issued. The Department may also notify the county
sheriff or other local law enforcement where the amusement
enterprise is operated that the Department has issued a
cessation order to that enterprise. The Department shall post
or shall require the owner or operator to post a notice at the
entrance to the amusement enterprise stating that a cessation
order has been issued for the attraction. The notice shall
remain posted until the cessation order has been lifted by the
Department.
(c-5) Upon request by the Department, the Illinois State
Police or local law enforcement may enforce a cessation order.
(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 business 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 Illinois
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 business working days after the

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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. 98-541, eff. 8-23-13; 98-756, eff. 7-16-14;
99-78, eff. 7-20-15.)
(430 ILCS 85/2-14) (from Ch. 111 1/2, par. 4064)
Sec. 2-14. No person shall operate an amusement ride or
attraction unless there is in force a liability insurance
policy or policies in an amount of not less than $1,000,000 for
bodily injury to or death of one or more persons, damage to or
destruction of property of others, or a combination thereof,
and, subject to the per occurrence limit, in an aggregate
amount of not less than $2,000,000 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, insuring the
operator against liability for injury, death, or property
damage. Any owner or operator applying for a permit or renewal
must present proof of this insurance at the time of the
inspection required under Section 2-10.
(Source: P.A. 98-541, eff. 8-23-13.)
(430 ILCS 85/2-15) (from Ch. 111 1/2, par. 4065)
Sec. 2-15. Penalties.
(a) Criminal penalties.

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1. Any person who operates an amusement ride or
amusement attraction at a carnival, amusement enterprise,
or fair without having obtained a permit from the
Department or who violates any cessation order or other
order or rule issued by the Department 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 per day for a first
violation, a civil penalty and not to exceed $5,000 per
violation per day for a second violation, and a civil penalty
not to exceed $10,000 per violation per day for a third or
subsequent violation. Each amusement ride or amusement
attraction operated in violation of this Act shall be a
separate violation. Any amusement ride or amusement attraction
owner or operator who violates any other provision of this Act
or rule adopted under this Act shall be subject to a civil
penalty not to exceed $1,000 per violation.

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Prior to any determination, or the imposition of any civil
penalty, under this subsection (b), the Department shall
notify the owner or operator in writing of the alleged
violation. The Department shall afford the owner or operator
10 business working days after the date of the notice to
request a hearing. Upon written request for a hearing of the
operator, the Department shall schedule a formal
administrative hearing in compliance with Article 10 of the
Illinois 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 business working days after
the conclusion of the hearing. Final determinations made under
this Section are subject to the provisions of the
Administrative Review Law. 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, may be recovered in a civil action brought by the
Department Director of Labor in any circuit court. In such
civil this litigation, the Department Director of Labor shall
be represented by the Attorney General.

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(Source: P.A. 98-541, eff. 8-23-13; 98-756, eff. 7-16-14;
98-769, eff. 1-1-15.)
(430 ILCS 85/2-15.1) (from Ch. 111 1/2, par. 4065.1)
Sec. 2-15.1. When contracting with any Any person or
entity contracting with an operator for the provision of an
amusement ride or amusement attraction, the amusement ride or
amusement attraction owner or operator shall inform the
Department of the name and address of the operator, as well as
the dates on which the amusement ride or amusement attraction
will be operated pursuant to the contract, the person or
entity contracting with the owner or operator, and the
location at which such ride or attraction will be so operated.
(Source: P.A. 84-533.)
(430 ILCS 85/2-15.2)
Sec. 2-15.2. Injunction to compel compliance.
(a) The Department shall have the power to seek bring
injunctive relief proceedings in any court of competent
jurisdiction to compel compliance with any order issued made
by the Department under this Act.
(b) The Department shall also have the power to seek 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. In such matters, the

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Department shall be represented by the Attorney General.
(Source: P.A. 98-541, eff. 8-23-13.)
(430 ILCS 85/2-15.3)
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, including costs related to the Board. The
Department shall hire as many ride 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.
(Source: P.A. 98-541, eff. 8-23-13.)
(430 ILCS 85/2-16) (from Ch. 111 1/2, par. 4066)
Sec. 2-16. Exemptions. The following amusement rides or
amusement attractions are exempt from the provisions of this

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Act:
Any amusement ride or amusement attraction which is owned
or operated by a non-profit religious, educational or
charitable institution or association if such amusement ride
or amusement attraction is located within a building subject
to inspection by the state fire marshal or by any political
subdivisions of the State under its building, fire,
electrical, and related public safety ordinances, and the
amusement ride or amusement attraction itself has passed an is
subject to inspection by a political subdivision of the State
in accordance with Section 2-17.
(Source: P.A. 96-151, eff. 8-7-09.)
(430 ILCS 85/2-17) (from Ch. 111 1/2, par. 4067)
Sec. 2-17. A municipality within its corporate limits and
a county within unincorporated areas within its boundaries may
inspect, license or regulate any amusement ride or amusement
attraction operated at a carnival, amusement enterprise, or
fair, provided that any safety standards or regulations
implemented by a municipality or county in connection
therewith shall be at least as stringent as those provided for
in this Act and the rules and regulations adopted hereunder.
An owner or operator may use a report of such municipal or
county inspection to support a request for a waiver of
Department inspection under Section 2-18. Any municipality or
county which inspects, licenses, or otherwise regulates

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amusement rides or amusement attractions may impose reasonable
fees to cover the costs thereof.
(Source: P.A. 98-769, eff. 1-1-15.)
(430 ILCS 85/2-18) (from Ch. 111 1/2, par. 4068)
Sec. 2-18. Waiver of inspection. The Director may waive
the requirement that an amusement ride or amusement attraction
or any part thereof be inspected before being operated, and
may waive any applicable fees for inspection, if an operator
gives satisfactory proof to the Director that the amusement
ride or amusement attraction or any part thereof has passed an
inspection conducted by a public or private agency whose
inspection standards and requirements are at least as
stringent as equal to those requirements and standards
established by the Department under the provisions of this
Act. The Department may compel any documentation or evidence
necessary to prove compliance with the requirements of Section
2-17. The annual permit fees shall be paid before the Director
may waive this requirement.
(Source: P.A. 94-801, eff. 5-25-06.)
(430 ILCS 85/2-19) (from Ch. 111 1/2, par. 4069)
Sec. 2-19. The owner or operator of an amusement ride or
amusement attraction may remove a person from or deny a person
entry to an amusement ride or amusement attraction if, in the
owner's or operator's opinion, the entry or conduct may

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jeopardize the safety of such person or the safety of any other
person. Nothing in this Section will permit an owner or
operator to deny a ride an inspector access to an amusement
ride or amusement attraction when such ride inspector is
acting within the scope of the ride inspector's his duties
under this Act.
(Source: P.A. 96-151, eff. 8-7-09; 96-1000, eff. 7-2-10.)
(430 ILCS 85/2-20)
Sec. 2-20. Employment of carnival and amusement enterprise
workers.
(a) Beginning on January 1, 2008, no person, firm,
corporation, or other entity that owns or operates a carnival,
amusement enterprise, or fair shall allow a person to perform
work associated with an amusement ride or amusement
attraction, including any volunteer work, employ a carnival or
amusement enterprise worker who (i) has been convicted of any
offense set forth in Article 11 of the Criminal Code of 1961 or
the Criminal Code of 2012, (ii) is a registered sex offender,
as defined in the Sex Offender Registration Act, or (iii) has
ever been convicted of any offense set forth in Article 9 of
the Criminal Code of 1961 or the Criminal Code of 2012.
(b) A person, firm, corporation, or other entity that owns
or operates a carnival, amusement enterprise, or fair must
conduct a criminal history records check and perform a check
of the National Sex Offender Public Registry for carnival or

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amusement enterprise workers at the time they are hired, and
annually thereafter except if they are in the continued employ
of the entity.
The criminal history records check performed under this
subsection (b) shall be performed by the Illinois State
Police, another State or federal law enforcement agency, or a
business belonging to the National Association of Professional
Background Check Screeners Association. Any criminal history
checks performed by the Illinois State Police shall be
performed pursuant to the Illinois Uniform Conviction
Information Act.
Individuals who are under the age of 17 are exempt from the
criminal history records check requirements set forth in this
subsection (b).
(c) Any person, firm, corporation, or other entity that
owns or operates a carnival, amusement enterprise, or fair
must have a substance abuse policy in place for its workers,
which shall include random drug testing of carnival or
amusement enterprise workers.
(d) Any person, firm, corporation, or other entity that
owns or operates a carnival, amusement enterprise, or fair
that violates the provisions of subsection (a) of this Section
or fails to conduct a criminal history records check or a sex
offender registry check for carnival or amusement enterprise
workers in its employ, as required by subsection (b) of this
Section, or fails to maintain a substance abuse policy as

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required by subsection (c) of this Section shall be assessed a
civil penalty in an amount not to exceed $5,000 for a first
offense, shall be assessed a civil penalty in an amount not to
exceed $10,000 for a second offense, and a subsequent offense
shall result in the revocation of a permit to operate in
accordance with Section 2-8.1. The collection of these
penalties shall be enforced in a civil action brought by the
Attorney General on behalf of the Department.
(e) Unless the owner or operator knew or reasonably should
have known that the information was falsified, a A carnival,
amusement enterprise, or fair owner is not responsible for the
accuracy of:
(1) any personal information submitted by a carnival
or amusement enterprise worker for criminal history
records check purposes; or
(2) any information provided by a third party for a
criminal history records check or a sex offender registry
check.
(f) Recordkeeping requirements. Any person, firm,
corporation, or other entity that owns or operates a carnival,
amusement enterprise, or fair subject to the provisions of
this Act shall make, preserve, and make available to the
Department, upon its request, all records that are required by
this Act, including but not limited to a written substance
abuse policy, evidence of the required criminal history
records check and sex offender registry check, and any other

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information the Director may deem necessary and appropriate
for enforcement of this Act.
(g) A carnival, amusement enterprise, or fair owner shall
not be liable to any employee in carrying out the requirements
of this Section.
(h) At all times that an amusement ride or amusement
attraction is in use, an owner or operator shall ensure that at
least one operator working on site has been certified to
provide First Aid and cardiopulmonary resuscitation (CPR).
(Source: P.A. 100-944, eff. 1-1-19.)
(430 ILCS 85/2-21 rep.)
Section 10. The Amusement Ride and Attraction Safety Act
is amended by repealing Section 2-21.
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INDEX
Statutes amended in order of appearance