Full Text of SB0128 95th General Assembly
SB0128ham002 95TH GENERAL ASSEMBLY
|
Registration and Regulation Committee
Adopted in House Comm. on Jul 11, 2007
|
|
09500SB0128ham002 |
|
LRB095 05003 RAS 37281 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 128
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 128 on page 29, | 3 |
| immediately below line 3, by inserting the following:
| 4 |
| "Section 15. If and only if House Bill 820 of the 95th | 5 |
| General Assembly (as amended by Senate Amendment No. 1) becomes | 6 |
| law, the Carnival and Amusement Rides Safety Act is amended by | 7 |
| changing Sections 2-2 and 2-20 as follows:
| 8 |
| (430 ILCS 85/2-2) (from Ch. 111 1/2, par. 4052)
| 9 |
| Sec. 2-2. Definitions. As used in this Act, unless the | 10 |
| context
otherwise requires:
| 11 |
| 1. "Director" means the Director of Labor or his or her | 12 |
| designee.
| 13 |
| 2. "Department" means Department of Labor.
| 14 |
| 3. "Amusement Attraction" means an enclosed building or | 15 |
| structure,
including electrical equipment which is an integral | 16 |
| part of the building or
structure, through which people walk |
|
|
|
09500SB0128ham002 |
- 2 - |
LRB095 05003 RAS 37281 a |
|
| 1 |
| without the aid of any moving device,
that provides amusement, | 2 |
| thrills or excitement at a fair or carnival,
except any such | 3 |
| enclosed building or structure which is subject to the
| 4 |
| jurisdiction of a local building code.
| 5 |
| 4. "Amusement ride" means:
| 6 |
| (a) any mechanized device
or combination of devices, | 7 |
| including electrical equipment which is an
integral part of | 8 |
| the device or devices, which carries passengers along,
| 9 |
| around, or over a fixed or restricted course for the | 10 |
| primary purpose of
giving its passengers amusement, | 11 |
| pleasure, thrills, or excitement;
| 12 |
| (b) any ski lift, rope tow, or other device used to | 13 |
| transport snow
skiers;
| 14 |
| (c) (blank);
| 15 |
| (d) any dry slide over 20 feet in height, alpine slide, | 16 |
| or toboggan
slide;
| 17 |
| (e) any tram, open car, or combination of open cars or | 18 |
| wagons pulled
by a tractor or other motorized device which | 19 |
| is not licensed by the
Secretary of State, which may, but | 20 |
| does not necessarily follow a fixed or
restricted course, | 21 |
| and is used primarily for the purpose of giving its
| 22 |
| passengers amusement, pleasure, thrills or excitement, and | 23 |
| for which an
individual fee is charged or a donation | 24 |
| accepted with the exception of
hayrack rides; or
| 25 |
| (f) any bungee cord or similar elastic device.
| 26 |
| 5. "Carnival" means an enterprise which offers amusement or |
|
|
|
09500SB0128ham002 |
- 3 - |
LRB095 05003 RAS 37281 a |
|
| 1 |
| entertainment
to the public by means of one or more amusement | 2 |
| attractions or amusement rides.
| 3 |
| 6. "Fair" means an enterprise principally devoted to the | 4 |
| exhibition of
products of agriculture or industry in connection | 5 |
| with which
amusement rides or amusement attractions are | 6 |
| operated.
| 7 |
| 7. "Operator" means a person, or the agent of a person, who | 8 |
| owns or
controls or has the duty to control the operation of an | 9 |
| amusement ride or
an amusement attraction at a carnival or | 10 |
| fair. "Operator" includes an
agency of the State or any of its | 11 |
| political subdivisions.
| 12 |
| 8. "Carnival worker" means a person who is employed by a | 13 |
| carnival or fair to manage, physically operate , or assist in | 14 |
| the operation of an amusement ride or amusement attraction when | 15 |
| it is open to the public and who is not a volunteer .
| 16 |
| (Source: P.A. 94-801, eff. 5-25-06; 95HB0820sam001.)
| 17 |
| (430 ILCS 85/2-20) | 18 |
| Sec. 2-20. Employment of carnival workers. | 19 |
| (a) Beginning on January 1, 2008, no person, firm, | 20 |
| corporation, or other entity that owns or operates a carnival | 21 |
| or fair shall employ a carnival worker who (i) has been | 22 |
| convicted of any offense set forth in Article 11 of the | 23 |
| Criminal Code of 1961, (ii) is a registered sex offender, as | 24 |
| defined in the Sex Offender Registration Act, or (iii) has ever | 25 |
| been convicted of any offense set forth in Article 9 of the |
|
|
|
09500SB0128ham002 |
- 4 - |
LRB095 05003 RAS 37281 a |
|
| 1 |
| Criminal Code of 1961. | 2 |
| Any person, firm, corporation, or other entity that owns or | 3 |
| operates a carnival and knowingly violates the provisions of | 4 |
| this subsection (a) shall be assessed a civil penalty in an | 5 |
| amount not less than $1,000 and not more than $5,000 for a | 6 |
| first offense, and not less than $5,000 and not more than | 7 |
| $10,000 for a second or subsequent offense. | 8 |
| (b) A
In the interest of compliance with the requirements | 9 |
| of this Section, a person, firm, corporation, or other entity | 10 |
| that owns or operates a carnival or fair must conduct a | 11 |
| criminal history records check for each carnival workers at the | 12 |
| time they are hired
worker in its employ consistent with the | 13 |
| Illinois Uniform Conviction Information Act and perform a check | 14 |
| of the Sex Offender Registry maintained by the Department of | 15 |
| State Police for each carnival worker in its employ . | 16 |
| In the case of carnival workers who are hired on a | 17 |
| temporary basis to work at a specific event, the carnival or | 18 |
| fair owner may work with local enforcement agencies in order | 19 |
| expedite the criminal history records check required under this | 20 |
| subsection (b). | 21 |
| Individuals who are under the age of 17 are exempt from the | 22 |
| criminal history records check requirements set forth in this | 23 |
| subsection (b). | 24 |
| (c) Any person, firm, corporation, or other entity that | 25 |
| owns or operates a carnival or fair must have a substance abuse | 26 |
| policy in place for its workers, which shall include random |
|
|
|
09500SB0128ham002 |
- 5 - |
LRB095 05003 RAS 37281 a |
|
| 1 |
| drug testing of carnival workers. | 2 |
| (d) Any person, firm, corporation, or other entity that | 3 |
| owns or operates a carnival or fair that violates the | 4 |
| provisions of subsection (a) of this Section or fails to | 5 |
| conduct a criminal history records check or a sex offender | 6 |
| registry check for carnival workers in its employ, as required | 7 |
| by subsection (b) of this Section, shall be assessed a civil | 8 |
| penalty in an amount not to exceed $1,000 for a first offense, | 9 |
| not to exceed $5,000 for a second offense, and not to exceed | 10 |
| $15,000 for a third or subsequent offense. The collection of | 11 |
| these penalties shall be enforced in a civil action brought by | 12 |
| the Attorney General on behalf of the Department. | 13 |
| (e) A carnival or fair owner is not responsible for: | 14 |
| (1) any personal information submitted by a carnival | 15 |
| worker for criminal history records check purposes; or | 16 |
| (2) any information provided by a third party for a | 17 |
| criminal history records check or a sex offender registry | 18 |
| check. | 19 |
| A carnival or fair owner shall not be liable to any | 20 |
| employee in carrying out the requirements of this Section.
| 21 |
| (Source: 95HB0820sam001.)".
|
|