Rep. Kevin Joyce
Filed: 4/23/2008
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1 | AMENDMENT TO HOUSE BILL 5319
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2 | AMENDMENT NO. ______. Amend House Bill 5319, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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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:
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7 | (430 ILCS 85/2-10) (from Ch. 111 1/2, par. 4060)
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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 or the expiration of the permit, On or before the | ||||||
13 | first of May of each year, any person required
to obtain a | ||||||
14 | permit by this Act shall apply to the Director for a permit
on | ||||||
15 | a form furnished by the Director which form shall contain such | ||||||
16 | information
as the Director may require. The Director may waive |
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1 | the requirement that
an application for a permit must be filed | ||||||
2 | at least 30 days prior to the first day of operation or the | ||||||
3 | expiration of the permit on or before
May 1 of each year if the | ||||||
4 | applicant gives satisfactory proof to the Director
that he | ||||||
5 | could not reasonably comply with the date requirement and if | ||||||
6 | the
applicant immediately applies for a permit after the need | ||||||
7 | for a permit is
first determined. For the purpose of | ||||||
8 | determining if an amusement ride or
amusement attraction is in | ||||||
9 | safe operating condition and will provide
protection to the | ||||||
10 | public using such amusement ride or amusement attraction,
each | ||||||
11 | amusement ride or amusement attraction shall be inspected by | ||||||
12 | the
Director before it is initially placed in operation in this | ||||||
13 | State, and
shall thereafter be inspected at least once each | ||||||
14 | year.
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15 | If, after inspection, an amusement ride or amusement | ||||||
16 | attraction is found
to comply with the rules adopted under this | ||||||
17 | Act, the Director shall issue
a permit for the operation of the | ||||||
18 | amusement ride or amusement attraction.
The permit shall be | ||||||
19 | issued conditioned upon the payment of the permit fee
and any | ||||||
20 | applicable inspection fee at the time the application for | ||||||
21 | permit to
operate is
filed with the Department
and may be | ||||||
22 | suspended as provided in the Department's rules.
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23 | If, after inspection, additions or alterations are | ||||||
24 | contemplated which change
a structure, mechanism, | ||||||
25 | classification or capacity, the operator shall notify
the | ||||||
26 | Director of his intentions in writing and provide any plans or |
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1 | diagrams
requested by the Director.
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2 | Notwithstanding any other rulemaking authority that may | ||||||
3 | exist, neither the Governor nor any agency or agency head under | ||||||
4 | the jurisdiction of the Governor has any authority to make or | ||||||
5 | promulgate rules to implement or enforce the provisions of this | ||||||
6 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
7 | Governor believes that rules are necessary to implement or | ||||||
8 | enforce the provisions of this amendatory Act of the 95th | ||||||
9 | General Assembly, the Governor may suggest rules to the General | ||||||
10 | Assembly by filing them with the Clerk of the House and | ||||||
11 | Secretary of the Senate and by requesting that the General | ||||||
12 | Assembly authorize such rulemaking by law, enact those | ||||||
13 | suggested rules into law, or take any other appropriate action | ||||||
14 | in the General Assembly's discretion. Nothing contained in this | ||||||
15 | amendatory Act of the 95th General Assembly shall be | ||||||
16 | interpreted to grant rulemaking authority under any other | ||||||
17 | Illinois statute where such authority is not otherwise | ||||||
18 | explicitly given. For the purposes of this amendatory Act of | ||||||
19 | the 95th General Assembly, "rules" is given the meaning | ||||||
20 | contained in Section 1-70 of the Illinois Administrative | ||||||
21 | Procedure Act, and "agency" and "agency head" are given the | ||||||
22 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
23 | Administrative Procedure Act to the extent that such | ||||||
24 | definitions apply to agencies or agency heads under the | ||||||
25 | jurisdiction of the Governor. | ||||||
26 | (Source: P.A. 92-26, eff. 1-1-02.)
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1 | (430 ILCS 85/2-15) (from Ch. 111 1/2, par. 4065)
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2 | Sec. 2-15. Penalties. | ||||||
3 | (a) Criminal penalties. | ||||||
4 | 1. Any person who operates an amusement ride or | ||||||
5 | amusement attraction at
a carnival or fair without having | ||||||
6 | obtained
a permit from the Director or who violates any | ||||||
7 | order or rule issued by the
Director under this Act is | ||||||
8 | guilty of a Class A misdemeanor. Each
day shall constitute | ||||||
9 | a separate and distinct offense.
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10 | 2. Any person who interferes with, impedes, or | ||||||
11 | obstructs in any manner
the Director or any authorized | ||||||
12 | representative of the Department
in the performance of | ||||||
13 | their duties under this Act is guilty
of a Class A | ||||||
14 | misdemeanor.
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15 | (b) Civil penalties. Unless otherwise provided in this Act, | ||||||
16 | any person who operates an amusement ride or amusement | ||||||
17 | attraction without having obtained a permit from the Department | ||||||
18 | in violation of this Act is subject to a civil penalty not to | ||||||
19 | exceed $2,500 per violation for a first violation and not to | ||||||
20 | exceed $5,000 for a second or subsequent violation. | ||||||
21 | Prior to any determination, or the imposition of any civil | ||||||
22 | penalty, under this subsection (b), the Department shall notify | ||||||
23 | the operator in writing of the alleged violation. The | ||||||
24 | Department shall afford the operator 15 days from the date of | ||||||
25 | the notice to present any written information that the operator |
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1 | wishes the Department to consider in connection with its | ||||||
2 | determination in the matter. Upon written request of the | ||||||
3 | operator, the Department shall convene an informal | ||||||
4 | fact-finding conference, provided such request is received by | ||||||
5 | the Department within 15 days of the date of the notice of the | ||||||
6 | alleged violation. In determining the amount of a penalty, the | ||||||
7 | Director may consider the appropriateness of the penalty to the | ||||||
8 | person or entity charged, upon determination of the gravity of | ||||||
9 | the violation. Penalties may be recovered in a civil action | ||||||
10 | brought by the Director of Labor in any circuit court. In this | ||||||
11 | litigation, the Director of Labor shall be represented by the | ||||||
12 | Attorney General. | ||||||
13 | (c) Notwithstanding any other rulemaking authority that | ||||||
14 | may exist, neither the Governor nor any agency or agency head | ||||||
15 | under the jurisdiction of the Governor has any authority to | ||||||
16 | make or promulgate rules to implement or enforce the provisions | ||||||
17 | of this amendatory Act of the 95th General Assembly. If, | ||||||
18 | however, the Governor believes that rules are necessary to | ||||||
19 | implement or enforce the provisions of this amendatory Act of | ||||||
20 | the 95th General Assembly, the Governor may suggest rules to | ||||||
21 | the General Assembly by filing them with the Clerk of the House | ||||||
22 | and Secretary of the Senate and by requesting that the General | ||||||
23 | Assembly authorize such rulemaking by law, enact those | ||||||
24 | suggested rules into law, or take any other appropriate action | ||||||
25 | in the General Assembly's discretion. Nothing contained in this | ||||||
26 | amendatory Act of the 95th General Assembly shall be |
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1 | interpreted to grant rulemaking authority under any other | ||||||
2 | Illinois statute where such authority is not otherwise | ||||||
3 | explicitly given. For the purposes of this amendatory Act of | ||||||
4 | the 95th General Assembly, "rules" is given the meaning | ||||||
5 | contained in Section 1-70 of the Illinois Administrative | ||||||
6 | Procedure Act, and "agency" and "agency head" are given the | ||||||
7 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
8 | Administrative Procedure Act to the extent that such | ||||||
9 | definitions apply to agencies or agency heads under the | ||||||
10 | jurisdiction of the Governor. | ||||||
11 | (Source: P.A. 94-801, eff. 5-25-06.)
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12 | (430 ILCS 85/2-20) | ||||||
13 | Sec. 2-20. Employment of carnival workers. | ||||||
14 | (a) Beginning on January 1, 2008, no person, firm, | ||||||
15 | corporation, or other entity that owns or operates a carnival | ||||||
16 | or fair shall employ a carnival worker who (i) has been | ||||||
17 | convicted of any offense set forth in Article 11 of the | ||||||
18 | Criminal Code of 1961, (ii) is a registered sex offender, as | ||||||
19 | defined in the Sex Offender Registration Act, or (iii) has ever | ||||||
20 | been convicted of any offense set forth in Article 9 of the | ||||||
21 | Criminal Code of 1961. | ||||||
22 | (b) A person, firm, corporation, or other entity that owns | ||||||
23 | or operates a carnival or fair must conduct a criminal history | ||||||
24 | records check and perform a check of the Illinois Sex Offender | ||||||
25 | Registry for carnival workers at the time they are hired , and |
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1 | annually thereafter consistent with the Illinois Uniform | ||||||
2 | Conviction Information Act and perform a check of the Sex | ||||||
3 | Offender Registry . | ||||||
4 | Effective November 1, 2008, the check of the sex offender | ||||||
5 | registry shall be performed through the National Sex Offender | ||||||
6 | Public Registry. | ||||||
7 | The criminal history records check performed under this | ||||||
8 | subsection (b) shall be performed by the Illinois State Police, | ||||||
9 | another State or federal law enforcement agency, or a business | ||||||
10 | belonging to the National Association of Professional | ||||||
11 | Background Check Screeners. | ||||||
12 | Carnival workers who are foreign nationals and have been | ||||||
13 | granted visas by the United States Citizenship and Immigration | ||||||
14 | Services in conjunction with the United States Department of | ||||||
15 | Labor's H-2B or J-1 programs and are lawfully admitted into the | ||||||
16 | United States shall be exempt from the background check | ||||||
17 | requirement imposed under this subsection. In the case of | ||||||
18 | carnival workers who are hired on a temporary basis to work at | ||||||
19 | a specific event, the carnival or fair owner may work with | ||||||
20 | local enforcement agencies in order expedite the criminal | ||||||
21 | history records check required under this subsection (b). | ||||||
22 | Individuals who are under the age of 17 are exempt from the | ||||||
23 | criminal history records check requirements set forth in this | ||||||
24 | subsection (b). | ||||||
25 | (c) Any person, firm, corporation, or other entity that | ||||||
26 | owns or operates a carnival or fair must have a substance abuse |
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1 | policy in place for its workers, which shall include random | ||||||
2 | drug testing of carnival workers. | ||||||
3 | (d) Any person, firm, corporation, or other entity that | ||||||
4 | owns or operates a carnival or fair that violates the | ||||||
5 | provisions of subsection (a) of this Section or fails to | ||||||
6 | conduct a criminal history records check or a sex offender | ||||||
7 | registry check for carnival workers in its employ, as required | ||||||
8 | by subsection (b) of this Section, shall be assessed a civil | ||||||
9 | penalty in an amount not to exceed $1,000 for a first offense, | ||||||
10 | not to exceed $5,000 for a second offense, and not to exceed | ||||||
11 | $15,000 for a third or subsequent offense. The collection of | ||||||
12 | these penalties shall be enforced in a civil action brought by | ||||||
13 | the Attorney General on behalf of the Department. | ||||||
14 | (e) A carnival or fair owner is not responsible for: | ||||||
15 | (1) any personal information submitted by a carnival | ||||||
16 | worker for criminal history records check purposes; or | ||||||
17 | (2) any information provided by a third party for a | ||||||
18 | criminal history records check or a sex offender registry | ||||||
19 | check. | ||||||
20 | (f) Recordkeeping requirements. Any person, firm, | ||||||
21 | corporation, or other entity that owns or operates a carnival | ||||||
22 | or fair subject to the provisions of this Act shall make, | ||||||
23 | preserve, and make available to the Department, upon its | ||||||
24 | request, all records that are required by this Act, including | ||||||
25 | but not limited to a written substance abuse policy, evidence | ||||||
26 | of the required criminal history records check and Sex Offender |
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1 | Registry check, and any other information the Director may deem | ||||||
2 | necessary and appropriate for enforcement of this Act. | ||||||
3 | (g) Notwithstanding any other rulemaking authority that | ||||||
4 | may exist, neither the Governor nor any agency or agency head | ||||||
5 | under the jurisdiction of the Governor has any authority to | ||||||
6 | make or promulgate rules to implement or enforce the provisions | ||||||
7 | of this amendatory Act of the 95th General Assembly. If, | ||||||
8 | however, the Governor believes that rules are necessary to | ||||||
9 | implement or enforce the provisions of this amendatory Act of | ||||||
10 | the 95th General Assembly, the Governor may suggest rules to | ||||||
11 | the General Assembly by filing them with the Clerk of the House | ||||||
12 | and Secretary of the Senate and by requesting that the General | ||||||
13 | Assembly authorize such rulemaking by law, enact those | ||||||
14 | suggested rules into law, or take any other appropriate action | ||||||
15 | in the General Assembly's discretion. Nothing contained in this | ||||||
16 | amendatory Act of the 95th General Assembly shall be | ||||||
17 | interpreted to grant rulemaking authority under any other | ||||||
18 | Illinois statute where such authority is not otherwise | ||||||
19 | explicitly given. For the purposes of this amendatory Act of | ||||||
20 | the 95th General Assembly, "rules" is given the meaning | ||||||
21 | contained in Section 1-70 of the Illinois Administrative | ||||||
22 | Procedure Act, and "agency" and "agency head" are given the | ||||||
23 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
24 | Administrative Procedure Act to the extent that such | ||||||
25 | definitions apply to agencies or agency heads under the | ||||||
26 | jurisdiction of the Governor. |
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1 | (h) A carnival or fair owner shall not be liable to any | ||||||
2 | employee in carrying out the requirements of this Section.
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3 | (Source: P.A. 95-397, eff. 8-24-07; 95-687, eff. 10-23-07.)
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4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.".
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