HB5319ham003 95TH GENERAL ASSEMBLY

Rep. Kevin Joyce

Filed: 4/16/2008

09500HB5319ham003 LRB095 15419 WGH 49698 a

AMENDMENT TO HOUSE BILL 5319

AMENDMENT NO. ______. Amend House Bill 5319, AS AMENDED, by replacing the introductory clause of Section 5 with the following:

"Section 5. The Carnival and Amusement Rides Safety Act is amended by changing Sections 2-6, 2-10, 2-15, and 2-20 as follows:

(430 ILCS 85/2-6) (from Ch. 111 1/2, par. 4056)

Sec. 2-6. The Director, with the consent of the Board, shall promulgate and formulate definitions, rules and regulations for the safe installation, repair, maintenance, use, operation, training standards for operators, and inspection of all amusement rides and amusement attractions as the Director finds necessary for the protection of the general public using amusement rides and amusement attractions. The Director may promulgate rules to establish records to be made and preserved which are necessary for the enforcement of this Act. The rules shall be based upon generally accepted engineering standards and shall be concerned with, but not necessarily limited to, engineering force stresses, safety devices, and preventive maintenance. Whenever such standards are available in suitable form they may be incorporated by reference. The rules shall provide for the reporting of accidents and injuries incurred from the operation of amusement rides or amusement attractions. In addition to the permit fee herein provided, the Director may promulgate rules to establish a schedule of fees for inspections.

Before adopting, modifying or amending any rule consistent with and necessary for the enforcement of this Act, the Director shall hold a public hearing on the proposed rule, modification or amendment to a rule. Any interested person may appear and be heard at the hearing, in person or by agent or counsel. The Director shall give the news media notice of each hearing at least 30 days in advance of the hearing date and shall make available a copy of the proposed rule, or modification or amendment to a rule to any person requesting same. The provisions of this Section are in addition to all other existing requirements pertaining to the promulgation of administrative rules and regulations.

(Source: P.A. 94-801, eff. 5-25-06; 95-397, eff. 8-24-07.)"; and

in Section 5, by inserting immediately after the last paragraph of subsection (e) of Sec. 2-20 the following:

"(f) Recordkeeping requirements. Any person, firm, corporation, or other entity that owns or operates a carnival or fair subject to the provisions of this Act shall make, preserve, and make available to the Department, upon its request, all records that are required by this Act, including but not limited to a written substance abuse policy, evidence of the required criminal history records check and Sex Offender Registry check, and any other information the Director may by rule deem necessary and appropriate for enforcement of this Act.".