SB1408sam002 96TH GENERAL ASSEMBLY

Sen. Michael Noland

Filed: 3/16/2009

09600SB1408sam002 LRB096 08842 KTG 23626 a

AMENDMENT TO SENATE BILL 1408

AMENDMENT NO. ______. Amend Senate Bill 1408 as follows:

on page 1, line 5, after "Sections", by inserting "2-2,"; and

on page 1, line 5, after "2-20" by inserting "and by adding Section 2-21"; and

on page 1, by inserting below line 6 the following:

"(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 or her 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. "Carnival worker" means a person who is employed (and is therefore not a volunteer) by a carnival or fair to manage, physically operate, or assist in the operation of an amusement ride or amusement attraction when it is open to the public.

(Source: P.A. 94-801, eff. 5-25-06; 95-397, eff. 8-24-07; 95-687, eff. 10-23-07.)"; and

on page 6, line 8, after "Screeners.", by inserting "Any criminal history checks performed by the Illinois State Police shall be pursuant to the Illinois Uniform Conviction Information Act."; and

on page 6, lines 9 through 14, by deleting "Carnival workers who are foreign nationals and have been granted visas by the United States Citizenship and Immigration Services in conjunction with the United States Department of Labor's H-2B or J-1 programs and are lawfully admitted into the United States shall be exempt from the background check requirement imposed under this subsection."; and

on page 8, by inserting below line 2 the following:

"(430 ILCS 85/2-21 new)

Sec. 2-21. Volunteers. Criminal background checks of volunteers, who manage, physically operate, or assist in the operation of an amusement ride or amusement attraction when it is open to the public, shall be left to the discretion of local law enforcement which has jurisdictional authority in the community in which the event is being held. Volunteers shall be required to comply with any training and age requirements as prescribed by rule.".