SB3069 93RD GENERAL ASSEMBLY

LRB093 21108 RXD 47159 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB3069

Introduced 2/6/2004, by Larry K. Bomke

SYNOPSIS AS INTRODUCED:

New Act
65 ILCS 5/11-54.1-3	from Ch. 24, par. 11-54.1-3
225 ILCS 205/2	from Ch. 85, par. 2002
225 ILCS 205/3	from Ch. 85, par. 2003
430 ILCS 85/2-2	from Ch. 111 1/2, par. 4052
430 ILCS 85/2-17	from Ch. 111 1/2, par. 4067

Creates the Carnival Ride Operator Registration Act. Requires carnival employees who operate amusement rides and attractions to obtain an identification card annually from the Department of State Police. Establishes (i) the information a ride operator must provide, (ii) the qualifications for obtaining an identification card, (iii) the Department's procedures for issuing or denying identification cards, and (iv) exemptions for newly-hired employees and those awaiting issuance of identification cards. Makes violation of the Act a Class A misdemeanor. Amends the Illinois Municipal Code, the Carnival Regulation Act, and the Carnival and Amusement Rides Safety Act. Authorizes (i) a unit of local government or fair board that permits a carnival and (ii) a unit of local government that licenses or inspects amusement rides or attractions to request copies of the carnival employees' identification cards. Provides that a carnival permit may not be delayed or denied on the basis of insufficient employee information if the carnival has supplied the copies of the identification cards. Prohibits a unit of local government from conditioning the permitting, licensing, inspecting, or regulating of amusement rides or attractions on the disclosure of carnival employee information. Effective January 1, 2005.

A BILL FOR

AN ACT concerning carnival ride operators.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Carnival Ride Operator Registration Act.

Section 5. Intent. It is the intent of the Illinois General Assembly to ensure that individuals who operate amusement rides and attractions in the State of Illinois be persons of good character and not pose a threat or danger to riders. It is therefore the intent of the General Assembly to establish a process whereby amusement ride and attraction operators, as defined in this Act, apply for a registration card from the State of Illinois. Further, it is the intent of the General Assembly that no person who is required to apply for a registration card be allowed to operate an amusement ride or attraction without either possessing a valid registration card or having properly applied for a card that has not yet been issued or denied.

Section 10. Definitions. As used in this Act:

"Amusement attraction" has the meaning given in the Carnival Regulation Act.

"Amusement ride" has the meaning given in the Carnival Regulation Act.

"Carnival" has the meaning given in the Carnival Regulation Act.

"Carnival ride operator" means a person who:

(1) is employed to actually control the operation of a particular amusement ride or amusement attraction; and

(2) has been employed to operate amusement rides or amusement attractions for an average of 20 hours or more per week during the preceding 30 days.

The term "carnival ride operator" shall not mean any person who has worked for a carnival for less than 30 days or worked less than an average of 20 hours per week in the preceding 30 days.

"Department" means the Department of State Police.

"Ride Operator Identification Card" means a card issued to a carnival ride operator by the Department.

Section 15. Ride Operator Identification Card. A carnival ride operator must apply for a Ride Operator Identification Card. The application must be filed within 7 days before the date a person first meets this Act's definition of a carnival ride operator. The person shall apply to the Department on forms provided by the Department. There shall be no cost for application for or issuance of a Ride Operator Identification Card. If the applicant has properly applied for a Ride Operator Identification Card, the applicant may operate amusement rides and amusement attractions pending issuance of the card or denial of the application. If the Department denies the application, the applicant may not be employed to operate amusement rides or amusement attractions in the State of Illinois. If the application is approved, the Department shall send the card to the applicant. If the application is denied, the Department shall send a notice of denial to the applicant. The Department shall send a duplicate copy of any card issued and any notice of denial to the carnival employer listed on the identification card application. The Department shall establish a process for appeal and administrative review of any application denial.

Section 20. Ride Operator Identification Card application. The Department shall provide application forms for persons applying for a Ride Operator Identification Card. The form shall request only the following information:

(1) name;

(2) address;

(3) date of birth;

(4) name and address of current carnival employer;

(5) citizenship;

(6) height, weight, and eye color;

(7) driver's license number if available; and

(8) social security number.

Section 25. Expiration of Ride Operator Identification Card. A properly issued Ride Operator Identification Card shall be valid until December 31 of the year it is issued. Carnival ride operators must apply annually for Ride Operator Identification Cards.

Section 30. Denial of an application for a Ride Operator Identification Card. The Department shall conduct a background check of all applicants for Ride Operator Identification Cards. An application for a Ride Operator Identification Card shall be denied if the applicant has any current wants or warrants or has ever been convicted of any sexual crime or sex offense as defined in the Criminal Code of 1961. Specifically, no person who is a registered sex offender may be issued a Ride Operator Identification Card.

Section 35. Ride operator requirements. Each carnival ride operator, in addition to applying for a Ride Operator Identification Card, must:

(1) be at least 16 years of age;

(2) have completed any employment application required by the amusement ride or amusement attraction owner;

(3) have identification available;

(4) if required by the carnival owner, wear a standard operator's uniform that identifies the individual as a ride or attraction operator;

(5) be lawfully able to work in Illinois and, if not a United States citizen, be currently permitted to work by the United States Immigration and Naturalization Service; and

(6) be trained on the function, procedures, and safety requirements of every amusement ride and amusement attraction that he or she operates.

Section 40. Responsibility of carnival owner for failure of employee to comply with this Act. A carnival owner shall not be responsible for any information submitted by an employee or for the failure of an employee to apply or qualify for a Ride Operator Identification Card. A carnival owner shall not be liable to an employee for any of the requirements imposed by this Act.

Section 45. Penalties. Any person who knowingly violates any provision of this Act shall be guilty of a Class A misdemeanor.

Section 905. The Illinois Municipal Code is amended by changing Section 11-54.1-3 as follows:

(65 ILCS 5/11-54.1-3) (from Ch. 24, par. 11-54.1-3)

Sec. 11-54.1-3. No such permit shall be granted by the corporate authorities until they shall have investigated the carnival and are satisfied that, if permitted, it will be operated in accordance with the permit and the provisions of this Division 54.1. Such corporate authorities may issue the permit and collect permit fees necessary to pay the expenses of the investigation and to aid in policing the grounds and otherwise to compensate the city, village or incorporated town in such amount as the corporate authorities may determine. A carnival, upon request of the municipality, must provide copies of all Ride Operator Identification Cards for carnival employees who will work at the site. The permitting entity must request copies of Ride Operator Identification Cards at least 14 days before the carnival will be open to the public. If the carnival has provided copies of Ride Operator Identification Cards, the issuance of a permit may not be delayed or denied on the basis that a carnival has failed to provide the name, address, and background of or any other information related to carnival employees. Each permit shall contain the proviso that sheriffs and police officers shall have free access to the grounds and all booths, shows and concessions on such grounds at all times, and it shall be the duty of all officers present at such carnival to enforce all the provisions of this Division 54.1.

(Source: P.A. 83-341.)

Section 910. The Carnival Regulation Act is amended by changing Sections 2 and 3 as follows:

(225 ILCS 205/2) (from Ch. 85, par. 2002)

Sec. 2. No carnival shall be set up, run, operated or conducted except within the limits of an incorporated municipality, as provided in Division 54.1 of Article 11 of the "Illinois Municipal Code", approved May 29, 1961, as heretofore and hereafter amended, or within the limits or upon the grounds of a State or county fair association, or any association entitled to share in the funds appropriated by the State for distribution among fair associations of the State, and unless a written permit from the proper fair board has been issued, setting forth the conditions under which such carnival shall be operated. The permit shall be granted upon the condition that there shall not be set up or operated any gambling device, lottery, number or paddle wheel, number board, punch board, or other game of chance, or any lewd, lascivious or indecent show or attraction making an indecent exposure of the person or suggesting lewdness or immorality. A carnival, upon request of the municipality, county, or fair board, must provide copies of all Ride Operator Identification Cards for carnival employees who will work at the site. The permitting entity must request copies of Ride Operator Identification Cards at least 14 days before the carnival will be open to the public. If the carnival has provided copies of Ride Operator Identification Cards, the issuance of a permit may not be delayed or denied on the basis that a carnival has failed to provide the name, address, or background of or any other information related to carnival employees.

(Source: Laws 1963, p. 868.)

(225 ILCS 205/3) (from Ch. 85, par. 2003)

Sec. 3. No such permit shall be granted by a fair board until it has investigated the carnival and is satisfied that, if permitted, it will be operated in accordance with the permit and the provisions of this Act. Such fair boards are authorized to issue the permit and to collect permit fees necessary to pay the expenses of the investigation and to aid in policing the grounds and otherwise to compensate the association in such amount as they may determine. A carnival, upon request of the fair board, must provide copies of all Ride Operator Identification Cards for carnival employees who will work at the site. The permitting entity must request copies of Ride Operator Identification Cards at least 14 days before the carnival will be open to the public. If the carnival has provided copies of Ride Operator Identification Cards, the issuance of a permit may not be delayed or denied on the basis that a carnival has failed to provide the name, address, or background of or any other information related to carnival employees. Each permit shall contain the proviso that sheriffs and police officers shall have free access to the grounds and all booths, shows and concessions on such grounds at all times, and it shall be the duty of all officers present at such carnival to enforce all the provisions of this Act.

(Source: Laws 1965, p. 290.)

Section 915. The Carnival and Amusement Rides Safety Act is amended by changing Sections 2-2 and 2-17 as follows:

(430 ILCS 85/2-2) (from Ch. 111 1/2, par. 4052)

Sec. 2-2. Definitions. As used in this Act, unless the context otherwise requires:

1. "Director" means the Director of Labor or his designee.

2. "Department" means Department of Labor.

3. "Amusement Attraction" means an enclosed building or structure, including electrical equipment which is an integral part of the building or structure, through which people walk without the aid of any moving device, that provides amusement, thrills or excitement at a fair or carnival, except any such enclosed building or structure which is subject to the jurisdiction of a local building code.

4. "Amusement ride" means:

(a) any mechanized device or combination of devices, including electrical equipment which is an integral part of the device or devices, which carries passengers along, around, or over a fixed or restricted course for the primary purpose of giving its passengers amusement, pleasure, thrills, or excitement;

(b) any ski lift, rope tow, or other device used to transport snow skiers;

(c) (blank);

(d) any dry slide over 20 feet in height, alpine slide, or toboggan slide;

(e) any tram, open car, or combination of open cars or wagons pulled by a tractor or other motorized device which is not licensed by the Secretary of State, which may, but does not necessarily follow a fixed or restricted course, and is used primarily for the purpose of giving its passengers amusement, pleasure, thrills or excitement, and for which an individual fee is charged or a donation accepted with the exception of hayrack rides; or

(f) any bungee cord or similar elastic device.

5. "Carnival" means an enterprise which offers amusement or entertainment to the public by means of one or more amusement attractions or amusement rides.

6. "Fair" means an enterprise principally devoted to the exhibition of products of agriculture or industry in connection with which amusement rides or amusement attractions are operated.

7. "Operator" means a person, or the agent of a person, who owns or controls or has the duty to control the operation of an amusement ride or an amusement attraction at a carnival or fair. "Operator" includes an agency of the State or any of its political subdivisions.

8. "Ride Operator Identification Card" has the meaning given in the Carnival Ride Operator Registration Act.

(Source: P.A. 92-26, eff. 7-1-01.)

(430 ILCS 85/2-17) (from Ch. 111 1/2, par. 4067)

Sec. 2-17. A municipality within its corporate limits and a county within unincorporated areas within its boundaries may inspect, license or regulate any amusement ride or amusement attraction operated at a carnival or fair, provided that any safety standards or regulations implemented by a municipality or county in connection therewith shall be at least as stringent as those provided for in this Act and the rules and regulations adopted hereunder. Units of local government may request copies of all Ride Operator Identification Cards for employees who will work at the site; however, no unit of local government may require as a condition of any inspection, permit, license, or regulation the disclosure of the name, address, or background of or any other information on carnival employees. The permitting entity must request copies of Ride Operator Identification Cards at least 14 days before the carnival will be open to the public. Any municipality or county which inspects, licenses, or otherwise regulates amusement rides or amusement attractions may impose reasonable fees to cover the costs thereof.

(Source: P.A. 83-1240.)

Section 999. Effective date. This Act takes effect on January 1, 2005.