SB3069ham003 93RD GENERAL ASSEMBLY

Rep. Kevin Joyce

Filed: 5/13/2004

09300SB3069ham003 LRB093 21108 RXD 51008 a

AMENDMENT TO SENATE BILL 3069

AMENDMENT NO. ______. Amend Senate Bill 3069, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Carnival Worker Registration Act.

Section 5. Intent. It is the intent of the Illinois General Assembly to ensure that individuals who are employed at a carnival in the State of Illinois be persons of good character and not pose a threat or danger to riders. It is therefore the intent of the General Assembly to establish a process whereby carnival workers, except temporary carnival workers, as defined in this Act, apply for a registration card from the State of Illinois.

Section 10. Definitions. As used in this Act:

"Amusement attraction" has the meaning given in the Carnival and Amusement Rides Safety Act.

"Amusement ride" has the meaning given in the Carnival and Amusement Rides Safety Act.

"Carnival" has the meaning given in the Carnival Regulation Act.

"Carnival worker" means a person who is employed at a carnival as defined in the Carnival Regulation Act.

"Temporary carnival worker" means a person who is employed at a carnival as defined in the Carnival Regulation Act, for no more than one location in any 12-month period, and lives in the county or contiguous county to where the carnival will operate.

"Department" means the Department of State Police.

"Carnival Worker Identification Card" means a card issued to a carnival worker by the Department.

Section 15. Carnival Worker Identification Card. Subject to annual appropriation to the Department for cost incurred herein, beginning January 1, 2005, every carnival worker, except a temporary carnival worker, must apply for a Carnival Worker Identification Card. The person shall apply to the Department on forms provided by the Department. There shall be no cost for application for or issuance of a Carnival Worker Identification Card. The applicant may operate amusement rides and amusement attractions pending issuance of a Carnival Worker Identification Card. If the Department denies the application, the applicant may not be employed to work at a carnival in the State of Illinois. If the application is approved, the Department shall send the card to the applicant. If the application is denied, the Department shall send a notice of denial to the applicant. The Department shall send a duplicate copy of any card issued and any notice of denial to the carnival employer listed on the identification card application. The Department shall establish a process for appeal and administrative review of any application denial.

Section 20. Carnival Worker Identification Card application. The Department shall provide application forms for persons applying for a Carnival Worker Identification Card. The form shall request only the following information:

(1) name;

(2) address;

(3) date of birth; and

(4) name and address of current carnival employer.

Section 25. Criminal history fingerprinting check. An applicant for a Carnival Worker Identification Card must, as a condition of initial employment, submit his or her fingerprints to the Department of State Police in the form and manner prescribed by the Department of State Police. These fingerprints shall be checked against the fingerprint records now and hereafter filed in the Department of State Police criminal history records databases and, in the case of an applicant 18 years of age or older, the Federal Bureau of Investigation criminal history records databases. Applicants who have completed the initial fingerprinting requirement shall not be subjected to the fingerprinting process subsequent to obtaining a Carnival Worker Identification Card. An application for a Carnival Worker Identification Card shall be denied if the applicant has any current wants or warrants or has ever been convicted of any sexual crime or sex offense as defined in the Criminal Code of 1961. Specifically, no person who is a registered sex offender may be issued a Carnival Worker Identification Card.

Section 30. Carnival worker requirements. Each carnival worker, except a temporary carnival worker, in addition to applying for a Carnival Worker Identification Card, must:

(1) be at least 16 years of age;

(2) have completed any employment application required by the amusement ride or amusement attraction owner;

(3) have identification available;

(4) if required by the carnival owner, wear a standard operator's uniform that identifies the individual as a carnival worker;

(5) be lawfully able to work in Illinois and, if not a United States citizen, be currently permitted to work by the U.S. Citizenship and Immigration Services; and

(6) be trained on the function, procedures, and safety requirements of every amusement ride and amusement attraction that he or she operates.

Section 35. Responsibility of carnival owner for failure of employee to comply with this Act. A carnival owner shall not be responsible for any information submitted by an employee or for the failure of an employee to apply or qualify for a Carnival Worker Identification Card. A carnival owner shall not be liable to an employee for any of the requirements imposed by this Act.

Section 40. Penalties. Any person who knowingly violates any provision of this Act shall be guilty of a Class A misdemeanor.

Section 905. The Illinois Municipal Code is amended by changing Section 11-54.1-3 as follows:

(65 ILCS 5/11-54.1-3) (from Ch. 24, par. 11-54.1-3)

Sec. 11-54.1-3. No such permit shall be granted by the corporate authorities until they shall have investigated the carnival and are satisfied that, if permitted, it will be operated in accordance with the permit and the provisions of this Division 54.1. Such corporate authorities may issue the permit and collect permit fees necessary to pay the expenses of the investigation and to aid in policing the grounds and otherwise to compensate the city, village or incorporated town in such amount as the corporate authorities may determine. A carnival, upon request of the municipality, must provide copies of all Carnival Worker Identification Cards for carnival employees who will work at the site. The permitting entity must request copies of Carnival Worker Identification Cards at least 14 days before the carnival will be open to the public. If the carnival has provided copies of Carnival Worker Identification Cards, the issuance of a permit may not be delayed or denied on the basis that a carnival has failed to provide the name, address, and background of or any other information related to carnival employees. Each permit shall contain the proviso that sheriffs and police officers shall have free access to the grounds and all booths, shows and concessions on such grounds at all times, and it shall be the duty of all officers present at such carnival to enforce all the provisions of this Division 54.1.

(Source: P.A. 83-341.)

Section 910. The Carnival Regulation Act is amended by changing Sections 1, 2 and 3 as follows:

(225 ILCS 205/1) (from Ch. 85, par. 2001)

Sec. 1. "Carnival" means and includes an aggregation of attractions, whether shows, acts, games, vending devices or amusement devices, whether conducted under one or more managements or independently, which are temporarily set up or conducted in a public place or upon any private premises accessible to the public, with or without admission fee, and which, from the nature of the aggregation, attracts attendance and causes promiscuous intermingling of persons in the spirit of merrymaking and revelry.

"Fair board" means and includes the officers of any State or county fair association.

"Carnival Worker Identification Card" has the meaning given in the Carnival Worker Registration Act.

(Source: Laws 1963, p. 868.)

(225 ILCS 205/2) (from Ch. 85, par. 2002)

Sec. 2. No carnival shall be set up, run, operated or conducted except within the limits of an incorporated municipality, as provided in Division 54.1 of Article 11 of the "Illinois Municipal Code", approved May 29, 1961, as heretofore and hereafter amended, or within the limits or upon the grounds of a State or county fair association, or any association entitled to share in the funds appropriated by the State for distribution among fair associations of the State, and unless a written permit from the proper fair board has been issued, setting forth the conditions under which such carnival shall be operated. The permit shall be granted upon the condition that there shall not be set up or operated any gambling device, lottery, number or paddle wheel, number board, punch board, or other game of chance, or any lewd, lascivious or indecent show or attraction making an indecent exposure of the person or suggesting lewdness or immorality. A carnival, upon request of the municipality, county, or fair board, must provide copies of all Carnival Worker Identification Cards for carnival employees who will work at the site. The permitting entity must request copies of Carnival Worker Identification Cards at least 14 days before the carnival will be open to the public. If the carnival has provided copies of Carnival Worker Identification Cards, the issuance of a permit may not be delayed or denied on the basis that a carnival has failed to provide the name, address, or background of or any other information related to carnival employees.

(Source: Laws 1963, p. 868.)

(225 ILCS 205/3) (from Ch. 85, par. 2003)

Sec. 3. No such permit shall be granted by a fair board until it has investigated the carnival and is satisfied that, if permitted, it will be operated in accordance with the permit and the provisions of this Act. Such fair boards are authorized to issue the permit and to collect permit fees necessary to pay the expenses of the investigation and to aid in policing the grounds and otherwise to compensate the association in such amount as they may determine. A carnival, upon request of the fair board, must provide copies of all Carnival Worker Identification Cards for carnival employees who will work at the site. The permitting entity must request copies of Carnival Worker Identification Cards at least 14 days before the carnival will be open to the public. If the carnival has provided copies of Carnival Worker Identification Cards, the issuance of a permit may not be delayed or denied on the basis that a carnival has failed to provide the name, address, or background of or any other information related to carnival employees. Each permit shall contain the proviso that sheriffs and police officers shall have free access to the grounds and all booths, shows and concessions on such grounds at all times, and it shall be the duty of all officers present at such carnival to enforce all the provisions of this Act.

(Source: Laws 1965, p. 290.)

Section 999. Effective date. This Act takes effect upon becoming law.".