HB4458 94TH GENERAL ASSEMBLY

LRB094 15743 RAS 50956 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4458

Introduced 1/10/2006, by Rep. Kevin Joyce

SYNOPSIS AS INTRODUCED:

New Act
65 ILCS 5/11-54.1-3	from Ch. 24, par. 11-54.1-3

Creates the Carnival Worker Registration Act. Requires carnival workers, except temporary carnival workers, who work during those hours in which the carnival is open to the public to obtain a Carnival Worker Identification Card from the Department of State Police. Sets forth rules and procedures for obtaining an identification card. Provides that an application for an identification card shall be denied if the applicant (i) has ever been convicted of any sex offense, (ii) is a registered sex offender, or (iii) has ever been convicted of any homicide offense. Contains other carnival worker requirements. Provides that a carnival, upon the request of the fair board or the municipality or county within which the carnival is to be set up, run, operated, or conducted, must provide copies of all Carnival Worker Identification Cards for carnival employees who will work at the site. Amends the Illinois Municipal Code to make a corresponding change. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

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

Section 5. Intent. It is the intent of the 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 by establishing a process whereby carnival workers, except temporary carnival workers, as defined in this Act, must 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.

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

"Department" means the Department of State Police.

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

Section 15. Carnival Worker Identification Card. Subject to annual appropriation to the Department for costs incurred under this Act, beginning January 1, 2007, 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 during those hours in which the carnival is open to the public. 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 records check. An applicant for a Carnival Worker Identification Card must, as a condition of initial employment, submit his or her fingerprints to the Department in the form and manner prescribed by the Department. These fingerprints shall be checked against the fingerprint records now and hereafter filed in the Department of State Police criminal history records databases and the Federal Bureau of Investigation criminal history records databases. Applicants who have completed the fingerprinting process under this Section shall not be subjected to the fingerprinting process subsequent to obtaining a Carnival Worker Identification Card.

Section 30. Persons prohibited from obtaining Carnival Worker Identification Card. An application for a Carnival Worker Identification Card shall be denied if the applicant (i) has ever been convicted of any offense set forth in Article 11 of the Criminal Code of 1961, (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.

Section 35. 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 40. 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 45. Copies of Carnival Worker Identification Cards for fair boards, municipalities, and counties. A carnival, upon the request of the fair board or the municipality or county within which the carnival is to be set up, run, operated, or conducted, must provide copies of all Carnival Worker Identification Cards for carnival employees who will work at the site. The fair board, municipality, or county must request copies of Carnival Worker Identification Cards at least 14 days before the carnival is to 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 who are required to have a Carnival Worker Identification Card.

Section 50. Penalties. Any person who knowingly violates any provision of this Act is guilty of a Class A misdemeanor.

Section 900. 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 the request of the municipality, must provide copies of all Carnival Worker Identification Cards for carnival employees who will work at the site. The municipality must request copies of Carnival Worker Identification Cards at least 14 days before the carnival is to 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 who are required to have a Carnival Worker Identification Card. 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 999. Effective date. This Act takes effect upon becoming law.