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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0820
Introduced 2/7/2007, by Rep. Kevin Joyce SYNOPSIS AS INTRODUCED: |
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New Act |
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65 ILCS 5/11-54.1-3 |
from Ch. 24, par. 11-54.1-3 |
430 ILCS 85/2-6 |
from Ch. 111 1/2, par. 4056 |
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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.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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HB0820 |
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LRB095 07618 RAS 27768 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as
the |
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| Carnival Worker Registration Act.
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| Section 5. Intent. It is the intent of the General Assembly |
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| to
ensure that
individuals who are employed at a carnival in |
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| the State of Illinois be persons of good
character and not pose |
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| a threat or
danger to riders by
establishing a process whereby
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| carnival workers, as defined in this Act, must apply for a
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| registration card from the 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 |
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| Carnival and Amusement Rides Safety Act.
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| "Amusement ride" has the
meaning given in the Carnival and |
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| Amusement Rides Safety Act.
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| "Carnival" has the meaning given
in the Carnival
Regulation |
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| Act.
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| "Carnival worker" means a person who is employed at a |
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| carnival.
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| "Carnival Worker Identification Card" means a card issued |
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| to a carnival worker by the Department. |
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HB0820 |
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LRB095 07618 RAS 27768 b |
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| "Department" means the Department of Labor.
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| Section 15. Carnival Worker Identification Card. Subject |
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| to annual appropriation to the Department for costs incurred |
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| under this Act, beginning July 1, 2008, every carnival worker |
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| must
apply for a Carnival Worker
Identification Card. The |
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| person shall
apply to the Department on
forms provided by the |
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| Department. There shall be no cost for application for or
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| issuance of a Carnival Worker
Identification Card. The |
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| applicant may operate amusement rides and amusement |
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| attractions pending issuance of a Carnival Worker |
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| Identification Card. If the Department denies the application, |
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| the applicant may
not be employed to work at a carnival in the |
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| State of Illinois during those hours in which the carnival is |
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| open to the public. If the
application is approved, the
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| Department shall send the card to the applicant. If the |
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| application is denied,
the Department shall send a
notice of |
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| denial to the applicant. The Department shall send a duplicate |
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| copy
of any card issued and any
notice of denial to the |
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| carnival employer listed on the identification card
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| application. The Department shall
establish a process for |
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| appeal and administrative review of any application
denial. |
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| Section 20. Carnival Worker Identification Card |
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| application. The Department
shall provide application forms |
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| for
persons applying for a Carnival Worker Identification Card. |
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HB0820 |
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LRB095 07618 RAS 27768 b |
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| 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 records check. An applicant |
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| for a Carnival Worker Identification Card must, as a condition |
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| of initial employment, submit his or her fingerprints to the |
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| Department of State Police in the form and manner prescribed by |
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| the Department of State Police. These fingerprints shall be |
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| checked against the fingerprint records now and hereafter filed |
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| in the Department of State Police criminal history records |
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| databases and the Federal Bureau of Investigation criminal |
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| history records databases. Applicants who have completed the |
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| fingerprinting process under this Section shall not be |
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| subjected to the fingerprinting process subsequent to |
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| obtaining a Carnival Worker Identification Card. |
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| The Department of State Police shall furnish, pursuant to |
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| the fingerprint-based criminal history records check, records |
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| of convictions, until expunged, to the carnival owner that |
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| requested the check. The Department of State Police shall |
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| charge the carnival owner a fee for conducting the check, which |
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| fee shall be deposited in the State Police Services Fund and |
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| shall not exceed the cost of the inquiry. |
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HB0820 |
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LRB095 07618 RAS 27768 b |
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| Section 30. Persons prohibited from obtaining a Carnival |
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| Worker Identification Card. An application for a Carnival |
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| Worker Identification Card shall be denied if the applicant (i) |
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| has ever been convicted of any offense set forth in Article 11 |
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| of the Criminal Code of 1961, (ii) is a registered sex offender |
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| as defined in the Sex Offender Registration Act, or (iii) has |
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| ever been convicted of any offense set forth in Article 9 of |
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| the Criminal Code of 1961. |
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| Section 35. Carnival worker requirements. Each carnival |
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| worker, in
addition to applying for a Carnival Worker |
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| 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 |
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| 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 |
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| operator's uniform
that identifies the individual as a |
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| 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 |
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| the U.S. Citizenship and Immigration Services;
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| (6) receive training approved by the Department |
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| concerning the function, procedures, and safety |
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| requirements
of every amusement ride
and amusement |
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| attraction that he or she operates; and |
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HB0820 |
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LRB095 07618 RAS 27768 b |
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| (7) have submitted to and successfully passed a drug |
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| test administered by an entity approved by the Department, |
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| the cost of which must be paid by the carnival owner. In |
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| addition to this initial drug testing, a carnival owner |
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| shall be responsible for establishing a system of random |
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| drug testing for all carnival employees holding a Carnival |
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| Worker Identification Card and a carnival worker must |
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| submit to and successfully pass each random drug test in |
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| order to maintain his or her employment with the carnival. |
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| Section 40. Responsibility of carnival owner for failure of |
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| employee to
comply with this Act. A carnival owner
shall not be |
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| 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 |
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| Worker Identification Card. A carnival owner
shall not be |
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| liable to an
employee for any of the requirements imposed by |
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| this Act. |
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| Section 45. Copies of Carnival Worker Identification Cards |
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| for fair boards, municipalities, and counties. A carnival, upon |
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| the request of the fair
board or the municipality or county |
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| within which the carnival is to be set up, run, operated, or |
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| conducted, must provide copies of all Carnival Worker |
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| Identification Cards for
carnival
employees who will work at |
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| the
site. The fair board, municipality, or county must request |
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| copies of Carnival Worker
Identification Cards at least 14 days |
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HB0820 |
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LRB095 07618 RAS 27768 b |
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| before
the carnival is to be open to the public. If the |
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| carnival has provided
copies of Carnival Worker
Identification |
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| Cards, the issuance of a permit may not be delayed or denied on
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| the basis that a carnival has
failed to provide the name, |
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| address, or background of or any other information
related to |
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| carnival employees who are required to have a Carnival Worker |
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| Identification Card. |
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| Section 50. Penalties. Any person who knowingly violates |
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| any provision of
this
Act is guilty of a Class A
misdemeanor. |
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| Section 900. The Illinois Municipal Code is amended by |
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| 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 |
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| corporate
authorities until they shall have investigated the |
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| carnival and are
satisfied that, if permitted, it will be |
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| operated in accordance with the
permit and the provisions of |
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| this Division 54.1. Such corporate
authorities may issue the |
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| permit and collect permit fees necessary to
pay the expenses of |
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| the investigation and to aid in policing the grounds
and |
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| otherwise to compensate the city, village or incorporated town |
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| in
such amount as the corporate authorities may determine.
A |
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| carnival, upon the request of the municipality, must provide |
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| copies of all
Carnival Worker Identification Cards for carnival |
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HB0820 |
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LRB095 07618 RAS 27768 b |
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| employees who will work at the
site. The municipality
must |
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| request copies of Carnival Worker Identification Cards at least |
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| 14 days
before the carnival is
to be open to the public. If the |
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| carnival has provided copies of Carnival Worker
Identification |
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| Cards, the issuance of
a permit may not be delayed or denied on |
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| the basis that a carnival has failed
to provide the name, |
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| address,
and background of or any other information related to |
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| carnival employees who are required to have a Carnival Worker |
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| Identification Card.
Each permit
shall contain the proviso that |
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| sheriffs and police officers
shall have free access to the |
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| grounds and all booths, shows and
concessions on such grounds |
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| at all times, and it shall be the duty of
all officers present |
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| at such carnival to enforce all the provisions of
this Division |
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| 54.1.
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| (Source: P.A. 83-341.)
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| Section 905. The Carnival and Amusement Rides Safety Act is |
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| amended by changing Section 2-6 as follows:
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| (430 ILCS 85/2-6) (from Ch. 111 1/2, par. 4056)
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| Sec. 2-6. The Director, with the consent of the Board, |
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| shall promulgate and formulate definitions, rules
and |
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| regulations for the safe installation, repair, maintenance, |
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| use, operation
and inspection of all amusement rides and |
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| amusement attractions as the
Director finds necessary for the |
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| protection of
the general public using amusement rides and |
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HB0820 |
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LRB095 07618 RAS 27768 b |
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| amusement attractions. The rules shall be
based upon generally |
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| accepted engineering standards and shall be concerned
with, but |
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| not necessarily limited to, engineering force stresses, safety
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| devices, and preventive maintenance. Whenever such standards |
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| are available
in suitable form they may be incorporated by |
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| reference. The rules shall
provide for the reporting of |
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| accidents and injuries incurred from the operation
of amusement |
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| rides or amusement attractions.
In addition to the permit fee |
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| herein provided, the Director may promulgate
rules to establish |
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| a schedule of fees for inspections.
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| Before adopting, modifying or amending any rule consistent |
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| with and necessary
for the enforcement of this Act, the |
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| Director shall hold a
public hearing on the proposed rule, |
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| modification or amendment to a
rule. Any interested person may |
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| appear and be heard at the hearing, in person
or by agent or |
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| counsel. The Director shall give the news media notice of
each |
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| hearing at least 30 days in advance of the hearing date and |
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| shall make
available a copy of the proposed rule, or |
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| modification or amendment to a
rule to any person requesting |
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| same. The provisions of this Section are in
addition to all |
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| other existing requirements pertaining to the promulgation
of |
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| administrative rules and regulations.
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| The Department, in conjunction with the Board, must |
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| establish training standards for carnival employees |
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| responsible for the operation of amusement rides or amusement |
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| attractions regulated under this Act. These training standards |