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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" means an enterprise that offers amusement or 
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entertainment to the public, with or without fee, by means of 
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one or more amusement attractions or amusement rides, including 
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without limitation shows, games, and vendors.

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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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    "Department" means the Department of Labor.
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    "Director" means the Director of Labor or a duly authorized 
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representative.

 
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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 January 1, 2008, every  carnival 
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worker must
apply for a Carnival Worker
Identification Card. 
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The person shall
apply to the Department on
forms provided by 
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the 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. 
 
 


 






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    Section 18. Rulemaking; Administrative Review Law. The 
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Department shall adopt rules necessary to administer and 
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enforce this Act.  These rules, at a minimum, must establish a 
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process for appeal of any application denial.  
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    The provisions of the Administrative Review Law apply to 
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and govern all proceedings for the judicial review of decisions 
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under this Act.  In all reviews or appeals under this Act, it is 
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the duty of the Attorney General to represent the Department 
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and defend its determination.
 
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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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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 conducted 
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against the fingerprint records filed in the Department of 
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State Police criminal history records databases, records of 
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convictions, until expunged, to the carnival owner or the 
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Department, whichever requested the check; however, the 
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results of criminal history records checks conducted against 
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the fingerprint records filed in the Federal Bureau of 
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Investigation criminal history records databases may be 
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furnished only to the Department. The Department of State 
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Police shall charge the carnival owner a fee for conducting the 
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check, which fee shall be deposited in the State Police 
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Services Fund and shall not exceed the cost of the inquiry. No 
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fee may be charged to the Department for conducting a check, 
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provided that the request was for the purposes of the 
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administration and enforcement of this Act.
 
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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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    The Department of State Police shall provide to the 
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Department, upon request and without cost, any and all of the 
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information set forth in this Section concerning an applicant 
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and shall cooperate with the Department in any investigation or 
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administrative hearing proceedings under this Act.
 
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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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        (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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    of State Police, the cost of which must be paid by the 
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    carnival owner. In addition to this initial drug testing, a 
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    carnival owner shall be responsible for establishing a 
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    system of random drug testing for all carnival employees 
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    holding a Carnival Worker Identification Card and a 
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    carnival worker must submit to and successfully pass each 
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    random drug test in order to maintain his or her employment 
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    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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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 48. Cooperation with other agencies.  The 
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Department or its duly authorized representative shall 
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administer and enforce the provisions of this Act with the 
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cooperation of the Department of State Police, the Attorney 
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General, and all local law enforcement agencies.
 
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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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and the Attorney General shall represent the Director and the 
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Department in any such action.
 
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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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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, training standards for operators,
and 
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inspection of all amusement rides and amusement attractions as 
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the
Director finds necessary for the protection of
the general 
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public using amusement rides and amusement attractions. The 
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rules shall be
based upon generally accepted engineering 
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standards and shall be concerned
with, but not necessarily 
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limited to, engineering force stresses, safety
devices, and 
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preventive maintenance. Whenever such standards are available

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in suitable form they may be incorporated by reference. The 
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rules shall
provide for the reporting of accidents and injuries 
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incurred from the operation
of amusement rides or amusement 
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attractions.
In addition to the permit fee herein provided, the 
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Director may promulgate
rules to establish a schedule of fees 
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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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(Source: P.A. 94-801, eff. 5-25-06.)


 
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    Section 999. Effective date. This Act takes effect upon 
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becoming law.