Full Text of SB3069 93rd General Assembly
SB3069ham003 93RD GENERAL ASSEMBLY
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Rep. Kevin Joyce
Filed: 5/13/2004
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LRB093 21108 RXD 51008 a |
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| AMENDMENT TO SENATE BILL 3069
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| AMENDMENT NO. ______. Amend Senate Bill 3069, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 1. Short title. This Act may be cited as
the | 6 |
| Carnival Worker Registration Act.
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| Section 5. Intent. It is the intent of the Illinois General | 8 |
| Assembly to
ensure that
individuals who are employed at a | 9 |
| carnival in the State of Illinois be persons of good
character | 10 |
| and not pose a threat or
danger to riders. It is therefore the | 11 |
| intent of the General Assembly to
establish a process whereby
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| carnival workers, except temporary carnival workers, as | 13 |
| defined in this Act, apply for a
registration card from the | 14 |
| State
of Illinois.
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| Section 10. Definitions. As used in this Act:
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| "Amusement attraction" has the meaning given in the | 17 |
| Carnival and Amusement Rides Safety Act.
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| "Amusement ride" has the
meaning given in the Carnival and | 19 |
| Amusement Rides Safety Act.
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| "Carnival" has the meaning given
in the Carnival
Regulation | 21 |
| Act.
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| "Carnival worker" means a person who is employed at a | 23 |
| carnival as defined in the Carnival Regulation Act.
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| "Temporary carnival worker" means a person who is employed | 2 |
| at a carnival as defined in the Carnival Regulation Act, for no | 3 |
| more than one location in any 12-month period, and lives in the | 4 |
| county or contiguous county to where the carnival will operate. | 5 |
| "Department" means the Department of State Police.
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| "Carnival Worker Identification Card" means a card issued | 7 |
| to a carnival worker by the Department.
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| Section 15. Carnival Worker Identification Card. Subject | 9 |
| to annual appropriation to the Department for cost incurred | 10 |
| herein, beginning January 1, 2005, every carnival worker, | 11 |
| except a temporary carnival worker, must
apply for a Carnival | 12 |
| Worker
Identification Card. The person shall
apply to the | 13 |
| Department on
forms provided by the Department. There shall be | 14 |
| no cost for application for or
issuance of a Carnival Worker
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| Identification Card. The applicant may operate amusement rides | 16 |
| and amusement attractions pending issuance of a Carnival Worker | 17 |
| Identification Card. If the Department denies the application, | 18 |
| the applicant may
not be employed to work at a carnival in the | 19 |
| State of Illinois. If the
application is approved, the
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| Department shall send the card to the applicant. If the | 21 |
| application is denied,
the Department shall send a
notice of | 22 |
| denial to the applicant. The Department shall send a duplicate | 23 |
| copy
of any card issued and any
notice of denial to the | 24 |
| carnival employer listed on the identification card
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| application. The Department shall
establish a process for | 26 |
| appeal and administrative review of any application
denial.
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| Section 20. Carnival Worker Identification Card | 28 |
| application. The Department
shall provide application forms | 29 |
| for
persons applying for a Carnival Worker Identification Card. | 30 |
| The form shall
request only the following
information:
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| (1) name;
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| (2) address;
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| (3) date of birth; and
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| (4) name and address of
current carnival employer.
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| Section 25. Criminal history fingerprinting check. An | 4 |
| applicant for a Carnival Worker Identification Card must, as a | 5 |
| condition of initial employment, submit his or her fingerprints | 6 |
| to the Department of State Police in the form and manner | 7 |
| prescribed by the Department of State Police. These | 8 |
| fingerprints shall be checked against the fingerprint records | 9 |
| now and hereafter filed in the Department of State Police | 10 |
| criminal history records databases and, in the case of an | 11 |
| applicant 18 years of age or older, the Federal Bureau of | 12 |
| Investigation criminal history records databases. Applicants | 13 |
| who have completed the initial fingerprinting requirement | 14 |
| shall not be subjected to the fingerprinting process subsequent | 15 |
| to obtaining a Carnival Worker Identification Card. An | 16 |
| application for a Carnival Worker Identification Card shall be | 17 |
| denied if the applicant has any current wants or warrants or | 18 |
| has ever been convicted of any sexual crime or sex offense as | 19 |
| defined in the Criminal Code of 1961. Specifically, no person | 20 |
| who is a registered sex offender may be issued a Carnival | 21 |
| Worker Identification Card.
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| Section 30. Carnival worker requirements. Each carnival | 23 |
| worker, except a temporary carnival worker, in
addition to | 24 |
| applying for a Carnival Worker Identification Card, must:
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| (1) be at least 16
years of age;
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| (2) have
completed any employment application required | 27 |
| by the amusement ride or
amusement attraction owner;
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| (3) have identification available;
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| (4) if required by the carnival owner, wear a
standard | 30 |
| operator's uniform
that identifies the individual as a | 31 |
| carnival worker;
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| (5) be
lawfully able to work in Illinois and, if
not a |
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| United States citizen, be currently permitted to work by | 2 |
| the U.S. Citizenship and Immigration Services; and
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| (6) be trained on the function, procedures, and safety | 4 |
| requirements
of every amusement ride
and amusement | 5 |
| attraction that he or she operates.
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| Section 35. Responsibility of carnival owner for failure of | 7 |
| employee to
comply with this Act. A carnival owner
shall not be | 8 |
| responsible for any information submitted by an employee or for
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| the failure of an employee to
apply or qualify for a Carnival | 10 |
| Worker Identification Card. A carnival owner
shall not be | 11 |
| liable to an
employee for any of the requirements imposed by | 12 |
| this Act.
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| Section 40. Penalties. Any person who knowingly violates | 14 |
| any provision of
this
Act shall be guilty of a Class A
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| misdemeanor.
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| Section 905. The Illinois Municipal Code is amended by | 17 |
| changing
Section 11-54.1-3 as follows:
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| (65 ILCS 5/11-54.1-3)
(from Ch. 24, par. 11-54.1-3)
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| Sec. 11-54.1-3. No such permit shall be granted by the | 20 |
| corporate
authorities until they shall have investigated the | 21 |
| carnival and are
satisfied that, if permitted, it will be | 22 |
| operated in accordance with the
permit and the provisions of | 23 |
| this Division 54.1. Such corporate
authorities may issue the | 24 |
| permit and collect permit fees necessary to
pay the expenses of | 25 |
| the investigation and to aid in policing the grounds
and | 26 |
| otherwise to compensate the city, village or incorporated town | 27 |
| in
such amount as the corporate authorities may determine.
A | 28 |
| carnival, upon request of the municipality, must provide copies | 29 |
| of all
Carnival Worker Identification Cards for carnival | 30 |
| employees who will work at the
site. The permitting entity
must |
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| request copies of Carnival Worker Identification Cards at least | 2 |
| 14 days
before the carnival will be
open to the public. If the | 3 |
| carnival has provided copies of Carnival Worker
Identification | 4 |
| Cards, the issuance of
a permit may not be delayed or denied on | 5 |
| the basis that a carnival has failed
to provide the name, | 6 |
| address,
and background of or any other information related to | 7 |
| carnival employees.
Each permit
shall contain the proviso that | 8 |
| sheriffs and police officers
shall have free access to the | 9 |
| grounds and all booths, shows and
concessions on such grounds | 10 |
| at all times, and it shall be the duty of
all officers present | 11 |
| at such carnival to enforce all the provisions of
this Division | 12 |
| 54.1.
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| (Source: P.A. 83-341.)
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| Section 910. The Carnival Regulation Act is amended by | 15 |
| changing
Sections 1, 2 and 3 as follows:
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| (225 ILCS 205/1) (from Ch. 85, par. 2001)
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| Sec. 1. "Carnival" means and includes an aggregation of | 18 |
| attractions,
whether shows, acts, games, vending devices or | 19 |
| amusement devices, whether
conducted under one or more | 20 |
| managements or independently, which are
temporarily set up or | 21 |
| conducted in a public place or upon any private
premises | 22 |
| accessible to the public, with or without admission fee, and
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| which, from the nature of the aggregation, attracts attendance | 24 |
| and causes
promiscuous intermingling of persons in the spirit | 25 |
| of merrymaking and
revelry.
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| "Fair board" means and includes the officers of any State | 27 |
| or county fair
association. | 28 |
| "Carnival Worker Identification Card" has the meaning | 29 |
| given in the Carnival Worker Registration Act.
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| (Source: Laws 1963, p. 868.)
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| (225 ILCS 205/2)
(from Ch. 85, par. 2002)
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| Sec. 2. No carnival shall be set up, run, operated or | 2 |
| conducted except
within the limits of an incorporated | 3 |
| municipality, as provided in Division
54.1 of Article 11 of the | 4 |
| "Illinois Municipal Code", approved May 29, 1961,
as heretofore | 5 |
| and hereafter amended, or within the limits or upon the
grounds | 6 |
| of a State or county fair association, or any association | 7 |
| entitled
to share in the funds appropriated by the State for | 8 |
| distribution among fair
associations of the State, and unless a | 9 |
| written permit from the proper fair
board has been issued, | 10 |
| setting forth the conditions under which such
carnival shall be | 11 |
| operated. The permit shall be granted upon the condition
that | 12 |
| there shall not be set up or operated any gambling device, | 13 |
| lottery,
number or paddle wheel, number board, punch board, or | 14 |
| other game of chance,
or any lewd, lascivious or indecent show | 15 |
| or attraction making an indecent
exposure of the person or | 16 |
| suggesting lewdness or immorality.
A carnival, upon request of | 17 |
| the municipality, county, or fair
board, must provide copies of | 18 |
| all
Carnival Worker Identification Cards for carnival | 19 |
| employees who will work at the
site. The permitting entity
must | 20 |
| request copies of Carnival Worker Identification Cards at least | 21 |
| 14 days
before the carnival will be
open to the public. If the | 22 |
| carnival has provided copies of Carnival Worker
Identification | 23 |
| Cards, the issuance of
a permit may not be delayed or denied on | 24 |
| the basis that a carnival has failed
to provide the name, | 25 |
| address,
or background of or any other information related to | 26 |
| carnival employees.
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| (Source: Laws 1963, p. 868.)
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| (225 ILCS 205/3)
(from Ch. 85, par. 2003)
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| Sec. 3. No such permit shall be granted by a fair board | 30 |
| until it has
investigated the carnival and is satisfied that, | 31 |
| if permitted, it will be
operated in accordance with the permit | 32 |
| and the provisions of this Act. Such
fair boards are authorized | 33 |
| to issue the permit and to collect permit fees
necessary to pay |
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| the expenses of the investigation and to aid in policing
the | 2 |
| grounds and otherwise to compensate the association in such | 3 |
| amount as
they may determine.
A carnival, upon request of the | 4 |
| fair
board, must provide copies of all Carnival Worker | 5 |
| Identification Cards for
carnival
employees who will work at | 6 |
| the
site. The permitting entity must request copies of Carnival | 7 |
| Worker
Identification Cards at least 14 days before
the | 8 |
| carnival will be open to the public. If the carnival has | 9 |
| provided
copies of Carnival Worker
Identification Cards, the | 10 |
| issuance of a permit may not be delayed or denied on
the basis | 11 |
| that a carnival has
failed to provide the name, address, or | 12 |
| background of or any other information
related to carnival | 13 |
| employees.
Each permit shall contain the proviso that sheriffs | 14 |
| and
police officers shall have free access to the grounds and | 15 |
| all booths, shows
and concessions on such grounds at all times, | 16 |
| and it shall be the duty of
all officers present at such | 17 |
| carnival to enforce all the provisions of this
Act.
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| (Source: Laws 1965, p. 290.)
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| Section 999. Effective date. This Act takes effect upon | 20 |
| becoming law.".
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