HB0820ham001 95TH GENERAL ASSEMBLY

Rep. Kevin Joyce

Filed: 3/14/2007

09500HB0820ham001 LRB095 07618 RAS 33598 a

AMENDMENT TO HOUSE BILL 820

AMENDMENT NO. ______. Amend House Bill 820 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Carnival Worker Registration Act.

Section 5. Intent. It is the intent of the General Assembly to ensure that individuals who are employed at a carnival in the State of Illinois be persons of good character and not pose a threat or danger to riders by establishing a process whereby carnival workers, as defined in this Act, must apply for a registration card from the State of Illinois.

Section 10. Definitions. As used in this Act:

"Amusement attraction" has the meaning given in the Carnival and Amusement Rides Safety Act.

"Amusement ride" has the meaning given in the Carnival and Amusement Rides Safety Act.

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

"Carnival worker" means a person who is employed at a carnival.

"Carnival Worker Identification Card" means a card issued to a carnival worker by the Department.

"Department" means the Department of Labor.

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

Section 15. Carnival Worker Identification Card. Subject to annual appropriation to the Department for costs incurred under this Act, beginning January 1, 2008, every carnival worker must apply for a Carnival Worker Identification Card. 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 Carnival Worker Identification Card. The applicant may operate amusement rides and amusement attractions pending issuance of a Carnival Worker Identification Card. If the Department denies the application, the applicant may not be employed to work at a carnival in the State of Illinois during those hours in which the carnival is open to the public. 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.

Section 18. Rulemaking; Administrative Review Law. The Department shall adopt rules necessary to administer and enforce this Act. These rules, at a minimum, must establish a process for appeal of any application denial.

The provisions of the Administrative Review Law apply to and govern all proceedings for the judicial review of decisions under this Act. In all reviews or appeals under this Act, it is the duty of the Attorney General to represent the Department and defend its determination.

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

(1) name;

(2) address;

(3) date of birth; and

(4) name and address of current carnival employer.

Section 25. Criminal history records check. An applicant for a Carnival Worker Identification Card must, as a condition of initial employment, submit his or her fingerprints to the Department of State Police in the form and manner prescribed by the Department of State Police. These fingerprints shall be checked against the fingerprint records now and hereafter filed in the Department of State Police criminal history records databases and the Federal Bureau of Investigation criminal history records databases. Applicants who have completed the fingerprinting process under this Section shall not be subjected to the fingerprinting process subsequent to obtaining a Carnival Worker Identification Card.

The Department of State Police shall furnish, pursuant to the fingerprint-based criminal history records check, records of convictions, until expunged, to the carnival owner or the Department, whichever requested the check. The Department of State Police shall charge the carnival owner a fee for conducting the check, which fee shall be deposited in the State Police Services Fund and shall not exceed the cost of the inquiry. No fee may be charged to the Department for conducting a check, provided that the request was for the purposes of the administration and enforcement of this Act.

Section 30. Persons prohibited from obtaining a Carnival Worker Identification Card. An application for a Carnival Worker Identification Card shall be denied if the applicant (i) has ever been convicted of any offense set forth in Article 11 of the Criminal Code of 1961, (ii) is a registered sex offender as defined in the Sex Offender Registration Act, or (iii) has ever been convicted of any offense set forth in Article 9 of the Criminal Code of 1961.

The Department of State Police shall provide to the Department, upon request and without cost, any and all of the information set forth in this Section concerning an applicant and shall cooperate with the Department in any investigation or administrative hearing proceedings under this Act.

Section 35. Carnival worker requirements. Each carnival worker, in addition to applying for a Carnival Worker 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 carnival worker;

(5) be lawfully able to work in Illinois and, if not a United States citizen, be currently permitted to work by the U.S. Citizenship and Immigration Services;

(6) receive training approved by the Department concerning the function, procedures, and safety requirements of every amusement ride and amusement attraction that he or she operates; and

(7) have submitted to and successfully passed a drug test administered by an entity approved by the Department of State Police, the cost of which must be paid by the carnival owner. In addition to this initial drug testing, a carnival owner shall be responsible for establishing a system of random drug testing for all carnival employees holding a Carnival Worker Identification Card and a carnival worker must submit to and successfully pass each random drug test in order to maintain his or her employment with the carnival.

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 Carnival Worker Identification Card. A carnival owner shall not be liable to an employee for any of the requirements imposed by this Act.

Section 45. Copies of Carnival Worker Identification Cards for fair boards, municipalities, and counties. A carnival, upon the request of the fair board or the municipality or county within which the carnival is to be set up, run, operated, or conducted, must provide copies of all Carnival Worker Identification Cards for carnival employees who will work at the site. The fair board, municipality, or county must request copies of Carnival Worker Identification Cards at least 14 days before the carnival is to be open to the public. If the carnival has provided copies of Carnival Worker 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 who are required to have a Carnival Worker Identification Card.

Section 48. Cooperation with other agencies. The Department or its duly authorized representative shall administer and enforce the provisions of this Act with the cooperation of the Department of State Police, the Attorney General, and all local law enforcement agencies.

Section 50. Penalties. Any person who knowingly violates any provision of this Act is guilty of a Class A misdemeanor and the Attorney General shall represent the Director and the Department in any such action.

Section 900. 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 the request of the municipality, must provide copies of all Carnival Worker Identification Cards for carnival employees who will work at the site. The municipality must request copies of Carnival Worker Identification Cards at least 14 days before the carnival is to be open to the public. If the carnival has provided copies of Carnival Worker 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 who are required to have a Carnival Worker Identification Card. 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 905. The Carnival and Amusement Rides Safety Act is amended by changing Section 2-6 as follows:

(430 ILCS 85/2-6) (from Ch. 111 1/2, par. 4056)

Sec. 2-6. The Director, with the consent of the Board, shall promulgate and formulate definitions, rules and regulations for the safe installation, repair, maintenance, use, operation, training standards for operators, and inspection of all amusement rides and amusement attractions as the Director finds necessary for the protection of the general public using amusement rides and amusement attractions. The rules shall be based upon generally accepted engineering standards and shall be concerned with, but not necessarily limited to, engineering force stresses, safety devices, and preventive maintenance. Whenever such standards are available in suitable form they may be incorporated by reference. The rules shall provide for the reporting of accidents and injuries incurred from the operation of amusement rides or amusement attractions. In addition to the permit fee herein provided, the Director may promulgate rules to establish a schedule of fees for inspections.

Before adopting, modifying or amending any rule consistent with and necessary for the enforcement of this Act, the Director shall hold a public hearing on the proposed rule, modification or amendment to a rule. Any interested person may appear and be heard at the hearing, in person or by agent or counsel. The Director shall give the news media notice of each hearing at least 30 days in advance of the hearing date and shall make available a copy of the proposed rule, or modification or amendment to a rule to any person requesting same. The provisions of this Section are in addition to all other existing requirements pertaining to the promulgation of administrative rules and regulations.

(Source: P.A. 94-801, eff. 5-25-06.)

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