Rep. Kevin Joyce
Filed: 3/14/2007
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1 | AMENDMENT TO HOUSE BILL 820
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2 | AMENDMENT NO. ______. Amend House Bill 820 by replacing | ||||||
3 | everything after the enacting clause with the following: | ||||||
4 | "Section 1. Short title. This Act may be cited as
the | ||||||
5 | Carnival Worker Registration Act.
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6 | Section 5. Intent. It is the intent of the General Assembly | ||||||
7 | to
ensure that
individuals who are employed at a carnival in | ||||||
8 | the State of Illinois be persons of good
character and not pose | ||||||
9 | a threat or
danger to riders by
establishing a process whereby
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10 | carnival workers, as defined in this Act, must apply for a
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11 | registration card from the State
of Illinois. | ||||||
12 | Section 10. Definitions. As used in this Act: | ||||||
13 | "Amusement attraction" has the meaning given in the | ||||||
14 | Carnival and Amusement Rides Safety Act.
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15 | "Amusement ride" has the
meaning given in the Carnival and |
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1 | Amusement Rides Safety Act.
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2 | "Carnival" means an enterprise that offers amusement or | ||||||
3 | entertainment to the public, with or without fee, by means of | ||||||
4 | one or more amusement attractions or amusement rides, including | ||||||
5 | without limitation shows, games, and vendors.
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6 | "Carnival worker" means a person who is employed at a | ||||||
7 | carnival.
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8 | "Carnival Worker Identification Card" means a card issued | ||||||
9 | to a carnival worker by the Department. | ||||||
10 | "Department" means the Department of Labor. | ||||||
11 | "Director" means the Director of Labor or a duly authorized | ||||||
12 | representative.
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13 | Section 15. Carnival Worker Identification Card. Subject | ||||||
14 | to annual appropriation to the Department for costs incurred | ||||||
15 | under this Act, beginning January 1, 2008, every carnival | ||||||
16 | worker must
apply for a Carnival Worker
Identification Card. | ||||||
17 | The person shall
apply to the Department on
forms provided by | ||||||
18 | the Department. There shall be no cost for application for or
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19 | issuance of a Carnival Worker
Identification Card. The | ||||||
20 | applicant may operate amusement rides and amusement | ||||||
21 | attractions pending issuance of a Carnival Worker | ||||||
22 | Identification Card. If the Department denies the application, | ||||||
23 | the applicant may
not be employed to work at a carnival in the | ||||||
24 | State of Illinois during those hours in which the carnival is | ||||||
25 | open to the public. If the
application is approved, the
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1 | Department shall send the card to the applicant. If the | ||||||
2 | application is denied,
the Department shall send a
notice of | ||||||
3 | denial to the applicant. The Department shall send a duplicate | ||||||
4 | copy
of any card issued and any
notice of denial to the | ||||||
5 | carnival employer listed on the identification card
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6 | application. | ||||||
7 | Section 18. Rulemaking; Administrative Review Law. The | ||||||
8 | Department shall adopt rules necessary to administer and | ||||||
9 | enforce this Act. These rules, at a minimum, must establish a | ||||||
10 | process for appeal of any application denial. | ||||||
11 | The provisions of the Administrative Review Law apply to | ||||||
12 | and govern all proceedings for the judicial review of decisions | ||||||
13 | under this Act. In all reviews or appeals under this Act, it is | ||||||
14 | the duty of the Attorney General to represent the Department | ||||||
15 | and defend its determination. | ||||||
16 | Section 20. Carnival Worker Identification Card | ||||||
17 | application. The Department
shall provide application forms | ||||||
18 | for
persons applying for a Carnival Worker Identification Card. | ||||||
19 | The form shall
request only the following
information:
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20 | (1) name;
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21 | (2) address;
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22 | (3) date of birth; and
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23 | (4) name and address of
current carnival employer. |
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1 | Section 25. Criminal history records check. An applicant | ||||||
2 | for a Carnival Worker Identification Card must, as a condition | ||||||
3 | of initial employment, submit his or her fingerprints to the | ||||||
4 | Department of State Police in the form and manner prescribed by | ||||||
5 | the Department of State Police. These fingerprints shall be | ||||||
6 | checked against the fingerprint records now and hereafter filed | ||||||
7 | in the Department of State Police criminal history records | ||||||
8 | databases and the Federal Bureau of Investigation criminal | ||||||
9 | history records databases. Applicants who have completed the | ||||||
10 | fingerprinting process under this Section shall not be | ||||||
11 | subjected to the fingerprinting process subsequent to | ||||||
12 | obtaining a Carnival Worker Identification Card. | ||||||
13 | The Department of State Police shall furnish, pursuant to | ||||||
14 | the fingerprint-based criminal history records check, records | ||||||
15 | of convictions, until expunged, to the carnival owner or the | ||||||
16 | Department, whichever requested the check. The Department of | ||||||
17 | State Police shall charge the carnival owner a fee for | ||||||
18 | conducting the check, which fee shall be deposited in the State | ||||||
19 | Police Services Fund and shall not exceed the cost of the | ||||||
20 | inquiry. No fee may be charged to the Department for conducting | ||||||
21 | a check, provided that the request was for the purposes of the | ||||||
22 | administration and enforcement of this Act. | ||||||
23 | Section 30. Persons prohibited from obtaining a Carnival | ||||||
24 | Worker Identification Card. An application for a Carnival | ||||||
25 | Worker Identification Card shall be denied if the applicant (i) |
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1 | has ever been convicted of any offense set forth in Article 11 | ||||||
2 | of the Criminal Code of 1961, (ii) is a registered sex offender | ||||||
3 | as defined in the Sex Offender Registration Act, or (iii) has | ||||||
4 | ever been convicted of any offense set forth in Article 9 of | ||||||
5 | the Criminal Code of 1961. | ||||||
6 | The Department of State Police shall provide to the | ||||||
7 | Department, upon request and without cost, any and all of the | ||||||
8 | information set forth in this Section concerning an applicant | ||||||
9 | and shall cooperate with the Department in any investigation or | ||||||
10 | administrative hearing proceedings under this Act. | ||||||
11 | Section 35. Carnival worker requirements. Each carnival | ||||||
12 | worker, in
addition to applying for a Carnival Worker | ||||||
13 | Identification Card, must:
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14 | (1) be at least 16
years of age;
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15 | (2) have
completed any employment application required | ||||||
16 | by the amusement ride or
amusement attraction owner;
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17 | (3) have identification available;
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18 | (4) if required by the carnival owner, wear a
standard | ||||||
19 | operator's uniform
that identifies the individual as a | ||||||
20 | carnival worker;
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21 | (5) be
lawfully able to work in Illinois and, if
not a | ||||||
22 | United States citizen, be currently permitted to work by | ||||||
23 | the U.S. Citizenship and Immigration Services;
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24 | (6) receive training approved by the Department | ||||||
25 | concerning the function, procedures, and safety |
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1 | requirements
of every amusement ride
and amusement | ||||||
2 | attraction that he or she operates; and | ||||||
3 | (7) have submitted to and successfully passed a drug | ||||||
4 | test administered by an entity approved by the Department | ||||||
5 | of State Police, the cost of which must be paid by the | ||||||
6 | carnival owner. In addition to this initial drug testing, a | ||||||
7 | carnival owner shall be responsible for establishing a | ||||||
8 | system of random drug testing for all carnival employees | ||||||
9 | holding a Carnival Worker Identification Card and a | ||||||
10 | carnival worker must submit to and successfully pass each | ||||||
11 | random drug test in order to maintain his or her employment | ||||||
12 | with the carnival. | ||||||
13 | Section 40. Responsibility of carnival owner for failure of | ||||||
14 | employee to
comply with this Act. A carnival owner
shall not be | ||||||
15 | responsible for any information submitted by an employee or for
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16 | the failure of an employee to
apply or qualify for a Carnival | ||||||
17 | Worker Identification Card. A carnival owner
shall not be | ||||||
18 | liable to an
employee for any of the requirements imposed by | ||||||
19 | this Act. | ||||||
20 | Section 45. Copies of Carnival Worker Identification Cards | ||||||
21 | for fair boards, municipalities, and counties. A carnival, upon | ||||||
22 | the request of the fair
board or the municipality or county | ||||||
23 | within which the carnival is to be set up, run, operated, or | ||||||
24 | conducted, must provide copies of all Carnival Worker |
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1 | Identification Cards for
carnival
employees who will work at | ||||||
2 | the
site. The fair board, municipality, or county must request | ||||||
3 | copies of Carnival Worker
Identification Cards at least 14 days | ||||||
4 | before
the carnival is to be open to the public. If the | ||||||
5 | carnival has provided
copies of Carnival Worker
Identification | ||||||
6 | Cards, the issuance of a permit may not be delayed or denied on
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7 | the basis that a carnival has
failed to provide the name, | ||||||
8 | address, or background of or any other information
related to | ||||||
9 | carnival employees who are required to have a Carnival Worker | ||||||
10 | Identification Card. | ||||||
11 | Section 48. Cooperation with other agencies. The | ||||||
12 | Department or its duly authorized representative shall | ||||||
13 | administer and enforce the provisions of this Act with the | ||||||
14 | cooperation of the Department of State Police, the Attorney | ||||||
15 | General, and all local law enforcement agencies. | ||||||
16 | Section 50. Penalties. Any person who knowingly violates | ||||||
17 | any provision of
this
Act is guilty of a Class A
misdemeanor | ||||||
18 | and the Attorney General shall represent the Director and the | ||||||
19 | Department in any such action. | ||||||
20 | Section 900. The Illinois Municipal Code is amended by | ||||||
21 | changing
Section 11-54.1-3 as follows:
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22 | (65 ILCS 5/11-54.1-3)
(from Ch. 24, par. 11-54.1-3)
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1 | Sec. 11-54.1-3. No such permit shall be granted by the | ||||||
2 | corporate
authorities until they shall have investigated the | ||||||
3 | carnival and are
satisfied that, if permitted, it will be | ||||||
4 | operated in accordance with the
permit and the provisions of | ||||||
5 | this Division 54.1. Such corporate
authorities may issue the | ||||||
6 | permit and collect permit fees necessary to
pay the expenses of | ||||||
7 | the investigation and to aid in policing the grounds
and | ||||||
8 | otherwise to compensate the city, village or incorporated town | ||||||
9 | in
such amount as the corporate authorities may determine.
A | ||||||
10 | carnival, upon the request of the municipality, must provide | ||||||
11 | copies of all
Carnival Worker Identification Cards for carnival | ||||||
12 | employees who will work at the
site. The municipality
must | ||||||
13 | request copies of Carnival Worker Identification Cards at least | ||||||
14 | 14 days
before the carnival is
to be open to the public. If the | ||||||
15 | carnival has provided copies of Carnival Worker
Identification | ||||||
16 | Cards, the issuance of
a permit may not be delayed or denied on | ||||||
17 | the basis that a carnival has failed
to provide the name, | ||||||
18 | address,
and background of or any other information related to | ||||||
19 | carnival employees who are required to have a Carnival Worker | ||||||
20 | Identification Card.
Each permit
shall contain the proviso that | ||||||
21 | sheriffs and police officers
shall have free access to the | ||||||
22 | grounds and all booths, shows and
concessions on such grounds | ||||||
23 | at all times, and it shall be the duty of
all officers present | ||||||
24 | at such carnival to enforce all the provisions of
this Division | ||||||
25 | 54.1.
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26 | (Source: P.A. 83-341.)
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1 | Section 905. The Carnival and Amusement Rides Safety Act is | ||||||
2 | amended by changing Section 2-6 as follows:
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3 | (430 ILCS 85/2-6) (from Ch. 111 1/2, par. 4056)
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4 | Sec. 2-6. The Director, with the consent of the Board, | ||||||
5 | shall promulgate and formulate definitions, rules
and | ||||||
6 | regulations for the safe installation, repair, maintenance, | ||||||
7 | use, operation , training standards for operators,
and | ||||||
8 | inspection of all amusement rides and amusement attractions as | ||||||
9 | the
Director finds necessary for the protection of
the general | ||||||
10 | public using amusement rides and amusement attractions. The | ||||||
11 | rules shall be
based upon generally accepted engineering | ||||||
12 | standards and shall be concerned
with, but not necessarily | ||||||
13 | limited to, engineering force stresses, safety
devices, and | ||||||
14 | preventive maintenance. Whenever such standards are available
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15 | in suitable form they may be incorporated by reference. The | ||||||
16 | rules shall
provide for the reporting of accidents and injuries | ||||||
17 | incurred from the operation
of amusement rides or amusement | ||||||
18 | attractions.
In addition to the permit fee herein provided, the | ||||||
19 | Director may promulgate
rules to establish a schedule of fees | ||||||
20 | for inspections.
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21 | Before adopting, modifying or amending any rule consistent | ||||||
22 | with and necessary
for the enforcement of this Act, the | ||||||
23 | Director shall hold a
public hearing on the proposed rule, | ||||||
24 | modification or amendment to a
rule. Any interested person may |
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1 | appear and be heard at the hearing, in person
or by agent or | ||||||
2 | counsel. The Director shall give the news media notice of
each | ||||||
3 | hearing at least 30 days in advance of the hearing date and | ||||||
4 | shall make
available a copy of the proposed rule, or | ||||||
5 | modification or amendment to a
rule to any person requesting | ||||||
6 | same. The provisions of this Section are in
addition to all | ||||||
7 | other existing requirements pertaining to the promulgation
of | ||||||
8 | administrative rules and regulations.
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9 | (Source: P.A. 94-801, eff. 5-25-06.)
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10 | Section 999. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
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