Bill Status of HB 820   95th General Assembly

Short Description:  CARNIVAL WORKER REG ACT

House Sponsors
Rep. Kevin Joyce-Sidney H. Mathias-William B. Black-James D. Brosnahan and Susana A Mendoza

Senate Sponsors
(Sen. Pamela J. Althoff-Edward D. Maloney-Jacqueline Y. Collins)


Last Action  View All Actions

DateChamber Action
  8/24/2007HousePublic Act . . . . . . . . . 95-0397

Statutes Amended In Order of Appearance
New Act
65 ILCS 5/11-54.1-3from Ch. 24, par. 11-54.1-3
430 ILCS 85/2-6from Ch. 111 1/2, par. 4056

Synopsis As Introduced
Creates the Carnival Worker Registration Act. Requires 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 Labor. 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 owner, 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. Amends the Carnival and Amusement Rides Safety Act. Requires the Department, in conjunction with the Carnival-Amusement Safety Board, to establish training standards for carnival employees responsible for the operation of amusement rides or amusement attractions regulated under the Act. Effective immediately.

 Fiscal Note (Dept. of Labor)
 The fiscal impact is as follows: Personal Services (1 Manager, 2 Attorneys, 5 Inspectors, 5 Office Support) = $730,000; Fringe = $139,795; Contractual Services (costs for training, postage and facilities charges) = $106,000; Travel = $15,000; Commodities = $6,500; Printing = $20,000; Equipment (Includes new computer and systems to prepare and track carnival worker registrations and IDs) = $207,000; Electronic Data Processing = $81,500; Telecommunications = $7,150; Total = $1,312,945. Total fiscal impact includes $346,000 in one time costs to implement. Department of Labor's responsibility under Section 2-6 of the Carnival and Amusement Rides Safety Act will be to ensure that each carnival owner provides training approved by the American Society for Testing Materials concerning the function, procedures, and safety requirements of every amusement ride and amusement attraction that he or she operates. The Department of Labor assumes the Illinois State Police will be responsible for costs related to fingerprinting and background checks. The Department of Labor assumes that there are between 15,000 and 30,000 workers that would need to be registered annually. The Department of Labor registered 332 carnivals (196 mobile units and 136 fixed sites) with on average 50 to 100 workers in calendar year 2006. Additionally, the Department issued permits for 2170 rides in calendar year 2006.

House Amendment No. 1
Deletes everything after the enacting clause. Reinserts the provisions of the bill as introduced with the following changes. In the Carnival Worker Registration Act, provides that beginning January 1, 2008 (instead of July 1, 2008), every carnival worker must apply for a Carnival Worker Identification Card. Provides that the Department of Labor shall adopt rules necessary to administer and enforce the Act and these rules, at a minimum, shall establish a process for appeal of any application denial (instead of requiring the Department to establish a process for appeal and administrative review of any application denial). Allows the Department of Labor (instead of just the carnival owner) to request criminal history records checks and provides that no fee may be charged to the Department of Labor by the Department of State Police for requesting the check, provided that the request was for the administration and enforcement of the Act. Requires the Department of State Police to provide the Department of Labor, upon request and without cost, with any and all of the required information related to the prohibited convictions of an applicant. Requires a carnival worker to have submitted to and successfully passed a drug test administered by an entity approved by the Department of State Police (instead of the Department of Labor). Requires the Department of Labor to administer and enforce the provisions of the Act with the cooperation of the Department of State Police, the Attorney General, and all local law enforcement agencies. In the Carnival and Amusement Rides Safety Act, provides that definitions, rules, and regulations adopted under the Act must concern training standards for operators (instead of requiring the Department of Labor in conjunction with the Carnival-Amusement Safety Board, to establish training standards for carnival employees responsible for the operation of amusement rides or amusement attractions that consist of a minimum of 10 hours of training for each amusement ride or amusement attraction that a carnival employee is responsible for operating). Effective immediately.

House Amendment No. 3
Provides that results of the fingerprint-based criminal history records check conducted against the fingerprint records filed in the Department of State Police criminal history records databases shall be furnished to the carnival owner or the Department of Labor, whichever requested the check, but that the results of checks conducted against the fingerprint records filed in the Federal Bureau of Investigation criminal history records databases may be furnished only to the Department of Labor.

Senate Committee Amendment No. 1
Deletes reference to:
New Act
65 ILCS 5/11-54.1-3
Adds reference to:
430 ILCS 85/2-2from Ch. 111 1/2, par. 4052
430 ILCS 85/2-20 new

Deletes everything after the enacting clause. Amends the Carnival and Amusement Rides Safety Act. Sets forth a definition of "carnival worker". Provides that definitions, rules, and regulations adopted under the Act must concern training standards for operators. Prohibits a person, firm, corporation, or other entity that owns or operates a carnival from employing a carnival worker who (i) has been convicted of any offense set forth in Article 11 of the Criminal Code of 1961, (ii) is a registered sex offender, or (iii) has ever been convicted of any offense set forth in Article 9 of the Criminal Code of 1961. Requires any person, firm, corporation, or other entity that owns or operates a carnival to conduct a criminal history records check and perform a check of the Sex Offender Registry for each carnival worker in its employ and to have a substance abuse policy in place for its workers. Effective immediately.

Actions 
DateChamber Action
  2/7/2007HouseFiled with the Clerk by Rep. Kevin Joyce
  2/7/2007HouseFirst Reading
  2/7/2007HouseReferred to Rules Committee
  2/15/2007HouseAssigned to Labor Committee
  2/22/2007HouseAdded Chief Co-Sponsor Rep. Sidney H. Mathias
  2/22/2007HouseDo Pass / Short Debate Labor Committee; 015-000-000
  2/23/2007HousePlaced on Calendar 2nd Reading - Short Debate
  3/9/2007HouseFiscal Note Filed
  3/14/2007HouseHouse Amendment No. 1 Filed with Clerk by Rep. Kevin Joyce
  3/14/2007HouseHouse Amendment No. 1 Referred to Rules Committee
  3/15/2007HouseHouse Amendment No. 1 Recommends Be Adopted Rules Committee; 003-000-000
  3/20/2007HouseHouse Amendment No. 2 Filed with Clerk by Rep. Kevin Joyce
  3/20/2007HouseHouse Amendment No. 2 Referred to Rules Committee
  3/21/2007HouseHouse Amendment No. 3 Filed with Clerk by Rep. Kevin Joyce
  3/21/2007HouseHouse Amendment No. 3 Referred to Rules Committee
  3/21/2007HouseHouse Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  3/27/2007HouseHouse Amendment No. 3 Recommends Be Adopted Rules Committee; 004-000-000
  3/27/2007HouseSecond Reading - Short Debate
  3/27/2007HouseHouse Amendment No. 1 Adopted by Voice Vote
  3/27/2007HouseHouse Amendment No. 2 Withdrawn by Rep. Kevin Joyce
  3/27/2007HouseHouse Amendment No. 3 Adopted by Voice Vote
  3/27/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/24/2007HouseThird Reading - Short Debate - Passed 113-000-001
  4/24/2007HouseAdded Chief Co-Sponsor Rep. William B. Black
  4/25/2007SenateArrive in Senate
  4/25/2007SenatePlaced on Calendar Order of First Reading April 26, 2007
  4/25/2007SenateChief Senate Sponsor Sen. Pamela J. Althoff
  4/26/2007SenateFirst Reading
  4/26/2007SenateReferred to Rules
  5/3/2007SenateAssigned to Labor
  5/8/2007SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Pamela J. Althoff
  5/8/2007SenateSenate Committee Amendment No. 1 Referred to Rules
  5/9/2007SenateSenate Committee Amendment No. 1 Rules Refers to Labor
  5/15/2007SenateSenate Committee Amendment No. 1 Adopted
  5/15/2007SenateDo Pass as Amended Labor; 008-000-002
  5/15/2007SenatePlaced on Calendar Order of 2nd Reading May 16, 2007
  5/15/2007SenateSecond Reading
  5/15/2007SenatePlaced on Calendar Order of 3rd Reading May 16, 2007
  5/16/2007SenateAdded as Alternate Chief Co-Sponsor Sen. Edward D. Maloney
  5/16/2007SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/16/2007SenateThird Reading - Passed; 053-001-000
  5/16/2007HouseArrived in House
  5/16/2007HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/23/2007HouseAdded Co-Sponsor Rep. Susana A Mendoza
  5/30/2007HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Kevin Joyce
  5/30/2007HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/30/2007HouseSenate Committee Amendment No. 1 Motion to Concur Recommends be Adopted Rules Committee; 003-002-000
  5/31/2007HouseFinal Action Deadline Extended-9(b) June 8, 2007
  6/8/2007HouseFinal Action Deadline Extended-9(b) June 15, 2007
  6/15/2007HouseFinal Action Deadline Extended-9(b) June 22, 2007
  6/22/2007HouseFinal Action Deadline Extended-9(b) June 30, 2007
  6/30/2007HouseFinal Action Deadline Extended-9(b) July 31, 2007
  7/17/2007House3/5 Vote Required
  7/17/2007HouseSenate Committee Amendment No. 1 House Concurs 100-000-000
  7/17/2007HousePassed Both Houses
  7/17/2007HouseAdded Chief Co-Sponsor Rep. James D. Brosnahan
  8/15/2007HouseSent to the Governor
  8/24/2007HouseGovernor Approved
  8/24/2007HouseEffective Date August 24, 2007
  8/24/2007HousePublic Act . . . . . . . . . 95-0397

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