Rep. Kevin Joyce
Filed: 4/16/2008
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 5319
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5319, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
| ||||||
5 | "Section 5. The Carnival and Amusement Rides Safety Act is | ||||||
6 | amended by changing Sections 2-10, 2-15, and 2-20 as follows:
| ||||||
7 | (430 ILCS 85/2-10) (from Ch. 111 1/2, par. 4060)
| ||||||
8 | Sec. 2-10. No amusement ride or amusement attraction
shall | ||||||
9 | be operated at a carnival or fair in this State
without a | ||||||
10 | permit having been issued by the Director to an operator of | ||||||
11 | such
equipment. At least 30 days prior to the first day of | ||||||
12 | operation, On or before the first of May of each year, any | ||||||
13 | person required
to obtain a permit by this Act shall apply to | ||||||
14 | the Director for a permit
on a form furnished by the Director | ||||||
15 | which form shall contain such information
as the Director may | ||||||
16 | require. The Director may waive the requirement that
an |
| |||||||
| |||||||
1 | application for a permit must be filed at least 30 days prior | ||||||
2 | to the first day of operation on or before
May 1 of each year if | ||||||
3 | the applicant gives satisfactory proof to the Director
that he | ||||||
4 | could not reasonably comply with the date requirement and if | ||||||
5 | the
applicant immediately applies for a permit after the need | ||||||
6 | for a permit is
first determined. For the purpose of | ||||||
7 | determining if an amusement ride or
amusement attraction is in | ||||||
8 | safe operating condition and will provide
protection to the | ||||||
9 | public using such amusement ride or amusement attraction,
each | ||||||
10 | amusement ride or amusement attraction shall be inspected by | ||||||
11 | the
Director before it is initially placed in operation in this | ||||||
12 | State, and
shall thereafter be inspected at least once each | ||||||
13 | year.
| ||||||
14 | If, after inspection, an amusement ride or amusement | ||||||
15 | attraction is found
to comply with the rules adopted under this | ||||||
16 | Act, the Director shall issue
a permit for the operation of the | ||||||
17 | amusement ride or amusement attraction.
The permit shall be | ||||||
18 | issued conditioned upon the payment of the permit fee
and any | ||||||
19 | applicable inspection fee at the time the application for | ||||||
20 | permit to
operate is
filed with the Department
and may be | ||||||
21 | suspended as provided in the Department's rules.
| ||||||
22 | If, after inspection, additions or alterations are | ||||||
23 | contemplated which change
a structure, mechanism, | ||||||
24 | classification or capacity, the operator shall notify
the | ||||||
25 | Director of his intentions in writing and provide any plans or | ||||||
26 | diagrams
requested by the Director.
|
| |||||||
| |||||||
1 | (Source: P.A. 92-26, eff. 1-1-02.)
| ||||||
2 | (430 ILCS 85/2-15) (from Ch. 111 1/2, par. 4065)
| ||||||
3 | Sec. 2-15. Penalties. | ||||||
4 | (a) Criminal penalties. | ||||||
5 | 1. Any person who operates an amusement ride or | ||||||
6 | amusement attraction at
a carnival or fair without having | ||||||
7 | obtained
a permit from the Director or who violates any | ||||||
8 | order or rule issued by the
Director under this Act is | ||||||
9 | guilty of a Class A misdemeanor. Each
day shall constitute | ||||||
10 | a separate and distinct offense.
| ||||||
11 | 2. Any person who interferes with, impedes, or | ||||||
12 | obstructs in any manner
the Director or any authorized | ||||||
13 | representative of the Department
in the performance of | ||||||
14 | their duties under this Act is guilty
of a Class A | ||||||
15 | misdemeanor.
| ||||||
16 | (b) Civil penalties. Unless otherwise provided in this Act, | ||||||
17 | any person who operates an amusement ride or amusement | ||||||
18 | attraction without having obtained a permit from the Department | ||||||
19 | in violation of this Act is subject to a civil penalty not to | ||||||
20 | exceed $2,500 per violation for a first violation and not to | ||||||
21 | exceed $5,000 for a second or subsequent violation. | ||||||
22 | Prior to any determination, or the imposition of any civil | ||||||
23 | penalty, under this subsection (b), the Department shall notify | ||||||
24 | the operator in writing of the alleged violation. The | ||||||
25 | Department shall afford the operator 15 days from the date of |
| |||||||
| |||||||
1 | the notice to present any written information that the operator | ||||||
2 | wishes the Department to consider in connection with its | ||||||
3 | determination in the matter. Upon written request of the | ||||||
4 | operator, the Department shall convene an informal | ||||||
5 | fact-finding conference, provided such request is received by | ||||||
6 | the Department within 15 days of the date of the notice of the | ||||||
7 | alleged violation. In determining the amount of a penalty, the | ||||||
8 | Director may consider the appropriateness of the penalty to the | ||||||
9 | person or entity charged, upon determination of the gravity of | ||||||
10 | the violation. Penalties may be recovered in a civil action | ||||||
11 | brought by the Director of Labor in any circuit court. In this | ||||||
12 | litigation, the Director of Labor shall be represented by the | ||||||
13 | Attorney General. | ||||||
14 | (Source: P.A. 94-801, eff. 5-25-06.)
| ||||||
15 | (430 ILCS 85/2-20) | ||||||
16 | Sec. 2-20. Employment of carnival workers. | ||||||
17 | (a) Beginning on January 1, 2008, no person, firm, | ||||||
18 | corporation, or other entity that owns or operates a carnival | ||||||
19 | or fair shall employ a carnival worker who (i) has been | ||||||
20 | convicted of any offense set forth in Article 11 of the | ||||||
21 | Criminal Code of 1961, (ii) is a registered sex offender, as | ||||||
22 | defined in the Sex Offender Registration Act, or (iii) has ever | ||||||
23 | been convicted of any offense set forth in Article 9 of the | ||||||
24 | Criminal Code of 1961. | ||||||
25 | (b) A person, firm, corporation, or other entity that owns |
| |||||||
| |||||||
1 | or operates a carnival or fair must conduct a criminal history | ||||||
2 | records check and perform a check of the Illinois Sex Offender | ||||||
3 | Registry for carnival workers at the time they are hired , and | ||||||
4 | annually thereafter consistent with the Illinois Uniform | ||||||
5 | Conviction Information Act and perform a check of the Sex | ||||||
6 | Offender Registry . | ||||||
7 | Effective November 1, 2008, the check of the sex offender | ||||||
8 | registry shall be performed through the National Sex Offender | ||||||
9 | Public Registry. | ||||||
10 | The criminal history records check performed under this | ||||||
11 | subsection (b) shall be performed by the Illinois State Police, | ||||||
12 | another State or federal law enforcement agency, or a business | ||||||
13 | belonging to the National Association of Professional | ||||||
14 | Background Check Screeners. | ||||||
15 | Carnival workers who are foreign nationals and have been | ||||||
16 | granted visas by the United States Citizenship and Immigration | ||||||
17 | Services in conjunction with the United States Department of | ||||||
18 | Labor's H-2B or J-1 programs and are lawfully admitted into the | ||||||
19 | United States shall be exempt from the background check | ||||||
20 | requirement imposed under this subsection. In the case of | ||||||
21 | carnival workers who are hired on a temporary basis to work at | ||||||
22 | a specific event, the carnival or fair owner may work with | ||||||
23 | local enforcement agencies in order expedite the criminal | ||||||
24 | history records check required under this subsection (b). | ||||||
25 | Individuals who are under the age of 17 are exempt from the | ||||||
26 | criminal history records check requirements set forth in this |
| |||||||
| |||||||
1 | subsection (b). | ||||||
2 | (c) Any person, firm, corporation, or other entity that | ||||||
3 | owns or operates a carnival or fair must have a substance abuse | ||||||
4 | policy in place for its workers, which shall include random | ||||||
5 | drug testing of carnival workers. | ||||||
6 | (d) Any person, firm, corporation, or other entity that | ||||||
7 | owns or operates a carnival or fair that violates the | ||||||
8 | provisions of subsection (a) of this Section or fails to | ||||||
9 | conduct a criminal history records check or a sex offender | ||||||
10 | registry check for carnival workers in its employ, as required | ||||||
11 | by subsection (b) of this Section, shall be assessed a civil | ||||||
12 | penalty in an amount not to exceed $1,000 for a first offense, | ||||||
13 | not to exceed $5,000 for a second offense, and not to exceed | ||||||
14 | $15,000 for a third or subsequent offense. The collection of | ||||||
15 | these penalties shall be enforced in a civil action brought by | ||||||
16 | the Attorney General on behalf of the Department. | ||||||
17 | (e) A carnival or fair owner is not responsible for: | ||||||
18 | (1) any personal information submitted by a carnival | ||||||
19 | worker for criminal history records check purposes; or | ||||||
20 | (2) any information provided by a third party for a | ||||||
21 | criminal history records check or a sex offender registry | ||||||
22 | check. | ||||||
23 | A carnival or fair owner shall not be liable to any | ||||||
24 | employee in carrying out the requirements of this Section.
| ||||||
25 | (Source: P.A. 95-397, eff. 8-24-07; 95-687, eff. 10-23-07.)
|
| |||||||
| |||||||
1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
|