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Sen. Pamela J. Althoff
Filed: 5/8/2007
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LRB095 07618 RAS 35944 a |
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| AMENDMENT TO HOUSE BILL 820
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| AMENDMENT NO. ______. Amend House Bill 820 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Carnival and Amusement Rides Safety Act is |
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| amended by changing Sections 2-2 and 2-6 and by adding Section |
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| 2-20 as follows:
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| (430 ILCS 85/2-2) (from Ch. 111 1/2, par. 4052)
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| Sec. 2-2. Definitions. As used in this Act, unless the |
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| context
otherwise requires:
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| 1. "Director" means the Director of Labor or his or her |
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| designee.
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| 2. "Department" means Department of Labor.
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| 3. "Amusement Attraction" means an enclosed building or |
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| structure,
including electrical equipment which is an integral |
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| part of the building or
structure, through which people walk |
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| without the aid of any moving device,
that provides amusement, |
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LRB095 07618 RAS 35944 a |
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| thrills or excitement at a fair or carnival,
except any such |
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| enclosed building or structure which is subject to the
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| jurisdiction of a local building code.
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| 4. "Amusement ride" means:
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| (a) any mechanized device
or combination of devices, |
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| including electrical equipment which is an
integral part of |
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| the device or devices, which carries passengers along,
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| around, or over a fixed or restricted course for the |
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| primary purpose of
giving its passengers amusement, |
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| pleasure, thrills, or excitement;
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| (b) any ski lift, rope tow, or other device used to |
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| transport snow
skiers;
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| (c) (blank);
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| (d) any dry slide over 20 feet in height, alpine slide, |
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| or toboggan
slide;
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| (e) any tram, open car, or combination of open cars or |
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| wagons pulled
by a tractor or other motorized device which |
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| is not licensed by the
Secretary of State, which may, but |
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| does not necessarily follow a fixed or
restricted course, |
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| and is used primarily for the purpose of giving its
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| passengers amusement, pleasure, thrills or excitement, and |
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| for which an
individual fee is charged or a donation |
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| accepted with the exception of
hayrack rides; or
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| (f) any bungee cord or similar elastic device.
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| 5. "Carnival" means an enterprise which offers amusement or |
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| entertainment
to the public by means of one or more amusement |
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LRB095 07618 RAS 35944 a |
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| attractions or amusement rides.
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| 6. "Fair" means an enterprise principally devoted to the |
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| exhibition of
products of agriculture or industry in connection |
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| with which
amusement rides or amusement attractions are |
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| operated.
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| 7. "Operator" means a person, or the agent of a person, who |
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| owns or
controls or has the duty to control the operation of an |
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| amusement ride or
an amusement attraction at a carnival or |
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| fair. "Operator" includes an
agency of the State or any of its |
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| political subdivisions.
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| 8. "Carnival worker" means a person who is employed by a |
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| carnival to physically operate an amusement ride or amusement |
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| attraction when it is open to the public and who is not a |
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| volunteer.
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| (Source: P.A. 94-801, eff. 5-25-06.)
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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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LRB095 07618 RAS 35944 a |
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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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| (430 ILCS 85/2-20 new) |
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| Sec. 2-20. Employment of carnival workers. |
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| (a) Beginning on January 1, 2008, no person, firm, |
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| corporation, or other entity that owns or operates a carnival |
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LRB095 07618 RAS 35944 a |
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| shall employ a carnival worker who (i) has been convicted of |
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| any offense set forth in Article 11 of the Criminal Code of |
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| 1961, (ii) is a registered sex offender, as defined in the Sex |
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| Offender Registration Act, or (iii) has ever been convicted of |
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| any offense set forth in Article 9 of the Criminal Code of |
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| 1961. |
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| Any person, firm, corporation, or other entity that owns or |
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| operates a carnival and knowingly violates the provisions of |
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| this subsection (a) shall be assessed a civil penalty in an |
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| amount not less than $1,000 and not more than $5,000 for a |
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| first offense, and not less than $5,000 and not more than |
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| $10,000 for a second or subsequent offense. |
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| (b) In the interest of compliance with the requirements of |
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| this Section, a person, firm, corporation, or other entity that |
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| owns or operates a carnival must conduct a criminal history |
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| records check for each carnival worker in its employ consistent |
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| with the Illinois Uniform Conviction Information Act and |
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| perform a check of the Sex Offender Registry maintained by the |
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| Department of State Police for each carnival worker in its |
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| employ. |
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| In the case of carnival workers who are hired on a |
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| temporary basis to work at a specific event, the carnival owner |
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| may work with local enforcement agencies in order expedite the |
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| criminal history records check required under this subsection |
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| (b). |
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| Individuals who are under the age of 17 are exempt from the |
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LRB095 07618 RAS 35944 a |
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| criminal history records check requirements set forth in this |
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| subsection (b). |
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| (c) Any person, firm, corporation, or other entity that |
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| owns or operates a carnival must have a substance abuse policy |
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| in place for its workers, which shall include random drug |
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| testing of carnival workers.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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