Illinois Compiled Statutes 430 ILCS 85 — Amusement Ride and Attraction Safety Act.

This Article shall be known and may be cited as the "Amusement Ride and Attraction Safety Act"

This Article shall be known and may be cited as the "Amusement Ride and Attraction Safety Act". (Source: P.A. 98-769, eff. 1-1-15.)

Definitions

Definitions. As used in this Act, unless the context otherwise requires: "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 without the aid of any moving device, that provides amusement, thril…

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

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…

A majority of the 9 members of the Board constitutes a quorum

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 or by written request of at least 5 members. The Board shall elect a chairperson and such other officers as it deems necessary to perform its duties between meetings and may hire…

The members of the Board who are appointed by the Governor shall receive compensation for their services at the rate of $36 per day for meeting days and shall be entitled to actual and necessary expenses while conducting the business of the Board. (Source: P.A. 83-1240.)

(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 Direct…

The Director shall administer and enforce all provisions of this Act and all codes, rules and regulations promulgated pursuant to this Act

The Director shall administer and enforce all provisions of this Act and all codes, rules and regulations promulgated pursuant to this Act. The Director 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…

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

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. 103-177, eff. 1-1-24.)

Suspension and revocation of permit to operate

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 violat…

The Department of Labor may hire ride inspectors to inspect amusement rides and amusement attractions

The Department of Labor may hire ride inspectors to inspect amusement rides and amusement attractions. The qualifications of 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. 103-177, eff. 1…

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…

Correction notice and order for cessation of operation of amusement ride or attraction

Correction notice and 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 noti…

Judicial review of action of the Director may be sought pursuant to the Administrative Review Law

Judicial review of action of the Director may be sought pursuant to the Administrative Review Law. (Source: P.A. 94-801, eff. 5-25-06.)

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 occur…

Penalties

Penalties. (a) Criminal penalties. 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 issued by the Department under this Act is guilty of a Class A misd…

When contracting with any person or entity 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 op…

Injunction to compel compliance

Injunction to compel compliance. (a) The Department shall have the power to seek injunctive relief in any court of competent jurisdiction to compel compliance with any order issued by the Department under this Act. (b) The Department shall also have the power to seek temporary and immediate injunctive relief in any cou…

Amusement Ride and Patron Safety Fund

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 adminis…

Exemptions

Exemptions. The following amusement rides or amusement attractions are exempt from the provisions of this 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 w…

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…

Waiver of inspection

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…

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 jeopardize the safety of such person or the safety of any other person. Nothing in this Secti…

Employment of carnival and amusement enterprise workers

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…