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Rep. Kevin Joyce
Filed: 4/16/2008
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09500HB5319ham003 |
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LRB095 15419 WGH 49698 a |
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| AMENDMENT TO HOUSE BILL 5319
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| AMENDMENT NO. ______. Amend House Bill 5319, AS AMENDED, by |
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| replacing the introductory clause of Section 5 with the |
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| following:
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| "Section 5. The Carnival and Amusement Rides Safety Act is |
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| amended by changing Sections 2-6, 2-10, 2-15, and 2-20 as |
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| 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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| Director may promulgate
rules to establish records to be made |
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09500HB5319ham003 |
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LRB095 15419 WGH 49698 a |
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| and preserved which are necessary for the enforcement of this |
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| Act. The rules shall be
based upon generally accepted |
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| engineering standards and shall be concerned
with, but not |
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| 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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| (Source: P.A. 94-801, eff. 5-25-06; 95-397, eff. 8-24-07.)"; |
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| and
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09500HB5319ham003 |
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LRB095 15419 WGH 49698 a |
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| in Section 5, by inserting immediately after the last paragraph |
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| of subsection (e) of Sec. 2-20 the following: |
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| "(f) Recordkeeping requirements. Any person, firm, |
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| corporation, or other entity that owns or operates a carnival |
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| or fair subject to the provisions of this Act shall make, |
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| preserve, and make available to the Department, upon its |
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| request, all records that are required by this Act, including |
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| but not limited to a written substance abuse policy, evidence |
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| of the required criminal history records check and Sex Offender |
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| Registry check, and any other information the Director may by |
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| rule deem necessary and appropriate for enforcement of this |
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| Act.".
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