Illinois General Assembly - Full Text of HB5319
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Full Text of HB5319  95th General Assembly

HB5319eng 95TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning safety.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Carnival and Amusement Rides Safety Act is
5 amended by changing Sections 2-10, 2-15, and 2-20 as follows:
 
6     (430 ILCS 85/2-10)  (from Ch. 111 1/2, par. 4060)
7     Sec. 2-10. No amusement ride or amusement attraction shall
8 be operated at a carnival or fair in this State without a
9 permit having been issued by the Director to an operator of
10 such equipment. At least 30 days prior to the first day of
11 operation or the expiration of the permit, On or before the
12 first of May of each year, any person required to obtain a
13 permit by this Act shall apply to the Director for a permit on
14 a form furnished by the Director which form shall contain such
15 information as the Director may require. The Director may waive
16 the requirement that an application for a permit must be filed
17 at least 30 days prior to the first day of operation or the
18 expiration of the permit on or before May 1 of each year if the
19 applicant gives satisfactory proof to the Director that he
20 could not reasonably comply with the date requirement and if
21 the applicant immediately applies for a permit after the need
22 for a permit is first determined. For the purpose of
23 determining if an amusement ride or amusement attraction is in

 

 

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1 safe operating condition and will provide protection to the
2 public using such amusement ride or amusement attraction, each
3 amusement ride or amusement attraction shall be inspected by
4 the Director before it is initially placed in operation in this
5 State, and shall thereafter be inspected at least once each
6 year.
7     If, after inspection, an amusement ride or amusement
8 attraction is found to comply with the rules adopted under this
9 Act, the Director shall issue a permit for the operation of the
10 amusement ride or amusement attraction. The permit shall be
11 issued conditioned upon the payment of the permit fee and any
12 applicable inspection fee at the time the application for
13 permit to operate is filed with the Department and may be
14 suspended as provided in the Department's rules.
15     If, after inspection, additions or alterations are
16 contemplated which change a structure, mechanism,
17 classification or capacity, the operator shall notify the
18 Director of his intentions in writing and provide any plans or
19 diagrams requested by the Director.
20     Notwithstanding any other rulemaking authority that may
21 exist, neither the Governor nor any agency or agency head under
22 the jurisdiction of the Governor has any authority to make or
23 promulgate rules to implement or enforce the provisions of this
24 amendatory Act of the 95th General Assembly. If, however, the
25 Governor believes that rules are necessary to implement or
26 enforce the provisions of this amendatory Act of the 95th

 

 

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1 General Assembly, the Governor may suggest rules to the General
2 Assembly by filing them with the Clerk of the House and
3 Secretary of the Senate and by requesting that the General
4 Assembly authorize such rulemaking by law, enact those
5 suggested rules into law, or take any other appropriate action
6 in the General Assembly's discretion. Nothing contained in this
7 amendatory Act of the 95th General Assembly shall be
8 interpreted to grant rulemaking authority under any other
9 Illinois statute where such authority is not otherwise
10 explicitly given. For the purposes of this amendatory Act of
11 the 95th General Assembly, "rules" is given the meaning
12 contained in Section 1-70 of the Illinois Administrative
13 Procedure Act, and "agency" and "agency head" are given the
14 meanings contained in Sections 1-20 and 1-25 of the Illinois
15 Administrative Procedure Act to the extent that such
16 definitions apply to agencies or agency heads under the
17 jurisdiction of the Governor.
18 (Source: P.A. 92-26, eff. 1-1-02.)
 
19     (430 ILCS 85/2-15)  (from Ch. 111 1/2, par. 4065)
20     Sec. 2-15. Penalties.
21     (a) Criminal penalties.
22         1. Any person who operates an amusement ride or
23     amusement attraction at a carnival or fair without having
24     obtained a permit from the Director or who violates any
25     order or rule issued by the Director under this Act is

 

 

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1     guilty of a Class A misdemeanor. Each day shall constitute
2     a separate and distinct offense.
3         2. Any person who interferes with, impedes, or
4     obstructs in any manner the Director or any authorized
5     representative of the Department in the performance of
6     their duties under this Act is guilty of a Class A
7     misdemeanor.
8     (b) Civil penalties. Unless otherwise provided in this Act,
9 any person who operates an amusement ride or amusement
10 attraction without having obtained a permit from the Department
11 in violation of this Act is subject to a civil penalty not to
12 exceed $2,500 per violation for a first violation and not to
13 exceed $5,000 for a second or subsequent violation.
14     Prior to any determination, or the imposition of any civil
15 penalty, under this subsection (b), the Department shall notify
16 the operator in writing of the alleged violation. The
17 Department shall afford the operator 15 days from the date of
18 the notice to present any written information that the operator
19 wishes the Department to consider in connection with its
20 determination in the matter. Upon written request of the
21 operator, the Department shall convene an informal
22 fact-finding conference, provided such request is received by
23 the Department within 15 days of the date of the notice of the
24 alleged violation. In determining the amount of a penalty, the
25 Director may consider the appropriateness of the penalty to the
26 person or entity charged, upon determination of the gravity of

 

 

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1 the violation. Penalties may be recovered in a civil action
2 brought by the Director of Labor in any circuit court. In this
3 litigation, the Director of Labor shall be represented by the
4 Attorney General.
5     (c) Notwithstanding any other rulemaking authority that
6 may exist, neither the Governor nor any agency or agency head
7 under the jurisdiction of the Governor has any authority to
8 make or promulgate rules to implement or enforce the provisions
9 of this amendatory Act of the 95th General Assembly. If,
10 however, the Governor believes that rules are necessary to
11 implement or enforce the provisions of this amendatory Act of
12 the 95th General Assembly, the Governor may suggest rules to
13 the General Assembly by filing them with the Clerk of the House
14 and Secretary of the Senate and by requesting that the General
15 Assembly authorize such rulemaking by law, enact those
16 suggested rules into law, or take any other appropriate action
17 in the General Assembly's discretion. Nothing contained in this
18 amendatory Act of the 95th General Assembly shall be
19 interpreted to grant rulemaking authority under any other
20 Illinois statute where such authority is not otherwise
21 explicitly given. For the purposes of this amendatory Act of
22 the 95th General Assembly, "rules" is given the meaning
23 contained in Section 1-70 of the Illinois Administrative
24 Procedure Act, and "agency" and "agency head" are given the
25 meanings contained in Sections 1-20 and 1-25 of the Illinois
26 Administrative Procedure Act to the extent that such

 

 

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1 definitions apply to agencies or agency heads under the
2 jurisdiction of the Governor.
3 (Source: P.A. 94-801, eff. 5-25-06.)
 
4     (430 ILCS 85/2-20)
5     Sec. 2-20. Employment of carnival workers.
6     (a) Beginning on January 1, 2008, no person, firm,
7 corporation, or other entity that owns or operates a carnival
8 or fair shall employ a carnival worker who (i) has been
9 convicted of any offense set forth in Article 11 of the
10 Criminal Code of 1961, (ii) is a registered sex offender, as
11 defined in the Sex Offender Registration Act, or (iii) has ever
12 been convicted of any offense set forth in Article 9 of the
13 Criminal Code of 1961.
14     (b) A person, firm, corporation, or other entity that owns
15 or operates a carnival or fair must conduct a criminal history
16 records check and perform a check of the Illinois Sex Offender
17 Registry for carnival workers at the time they are hired, and
18 annually thereafter consistent with the Illinois Uniform
19 Conviction Information Act and perform a check of the Sex
20 Offender Registry.
21     Effective November 1, 2008, the check of the sex offender
22 registry shall be performed through the National Sex Offender
23 Public Registry.
24     The criminal history records check performed under this
25 subsection (b) shall be performed by the Illinois State Police,

 

 

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1 another State or federal law enforcement agency, or a business
2 belonging to the National Association of Professional
3 Background Check Screeners.
4     Carnival workers who are foreign nationals and have been
5 granted visas by the United States Citizenship and Immigration
6 Services in conjunction with the United States Department of
7 Labor's H-2B or J-1 programs and are lawfully admitted into the
8 United States shall be exempt from the background check
9 requirement imposed under this subsection. In the case of
10 carnival workers who are hired on a temporary basis to work at
11 a specific event, the carnival or fair owner may work with
12 local enforcement agencies in order expedite the criminal
13 history records check required under this subsection (b).
14     Individuals who are under the age of 17 are exempt from the
15 criminal history records check requirements set forth in this
16 subsection (b).
17     (c) Any person, firm, corporation, or other entity that
18 owns or operates a carnival or fair must have a substance abuse
19 policy in place for its workers, which shall include random
20 drug testing of carnival workers.
21     (d) Any person, firm, corporation, or other entity that
22 owns or operates a carnival or fair that violates the
23 provisions of subsection (a) of this Section or fails to
24 conduct a criminal history records check or a sex offender
25 registry check for carnival workers in its employ, as required
26 by subsection (b) of this Section, shall be assessed a civil

 

 

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1 penalty in an amount not to exceed $1,000 for a first offense,
2 not to exceed $5,000 for a second offense, and not to exceed
3 $15,000 for a third or subsequent offense. The collection of
4 these penalties shall be enforced in a civil action brought by
5 the Attorney General on behalf of the Department.
6     (e) A carnival or fair owner is not responsible for:
7         (1) any personal information submitted by a carnival
8     worker for criminal history records check purposes; or
9         (2) any information provided by a third party for a
10     criminal history records check or a sex offender registry
11     check.
12     (f) Recordkeeping requirements. Any person, firm,
13 corporation, or other entity that owns or operates a carnival
14 or fair subject to the provisions of this Act shall make,
15 preserve, and make available to the Department, upon its
16 request, all records that are required by this Act, including
17 but not limited to a written substance abuse policy, evidence
18 of the required criminal history records check and Sex Offender
19 Registry check, and any other information the Director may deem
20 necessary and appropriate for enforcement of this Act.
21     (g) Notwithstanding any other rulemaking authority that
22 may exist, neither the Governor nor any agency or agency head
23 under the jurisdiction of the Governor has any authority to
24 make or promulgate rules to implement or enforce the provisions
25 of this amendatory Act of the 95th General Assembly. If,
26 however, the Governor believes that rules are necessary to

 

 

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1 implement or enforce the provisions of this amendatory Act of
2 the 95th General Assembly, the Governor may suggest rules to
3 the General Assembly by filing them with the Clerk of the House
4 and Secretary of the Senate and by requesting that the General
5 Assembly authorize such rulemaking by law, enact those
6 suggested rules into law, or take any other appropriate action
7 in the General Assembly's discretion. Nothing contained in this
8 amendatory Act of the 95th General Assembly shall be
9 interpreted to grant rulemaking authority under any other
10 Illinois statute where such authority is not otherwise
11 explicitly given. For the purposes of this amendatory Act of
12 the 95th General Assembly, "rules" is given the meaning
13 contained in Section 1-70 of the Illinois Administrative
14 Procedure Act, and "agency" and "agency head" are given the
15 meanings contained in Sections 1-20 and 1-25 of the Illinois
16 Administrative Procedure Act to the extent that such
17 definitions apply to agencies or agency heads under the
18 jurisdiction of the Governor.
19     (h) A carnival or fair owner shall not be liable to any
20 employee in carrying out the requirements of this Section.
21 (Source: P.A. 95-397, eff. 8-24-07; 95-687, eff. 10-23-07.)
 
22     Section 99. Effective date. This Act takes effect upon
23 becoming law.