Sen. Larry K. Bomke

Filed: 3/17/2004

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3069

2     AMENDMENT NO. ______. Amends Senate Bill 3069 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 1. Short title. This Act may be cited as the
5 Carnival Ride Operator Registration Act.
 
6     Section 5. Intent. It is the intent of the Illinois General
7 Assembly to ensure that individuals who operate amusement rides
8 and attractions in the State of Illinois be persons of good
9 character and not pose a threat or danger to riders. It is
10 therefore the intent of the General Assembly to establish a
11 process whereby amusement ride and attraction operators, as
12 defined in this Act, apply for a registration card from the
13 State of Illinois. Further, it is the intent of the General
14 Assembly that no person who is required to apply for a
15 registration card be allowed to operate an amusement ride or
16 attraction without possessing a valid registration card.
 
17     Section 10. Definitions. As used in this Act:
18     "Amusement attraction" has the meaning given in the
19 Carnival and Amusement Rides Safety Act.
20     "Amusement ride" has the meaning given in the Carnival and
21 Amusement Rides Safety Act.
22     "Carnival" has the meaning given in the Carnival Regulation
23 Act.

 

 

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1     "Carnival ride operator" means a person who is employed to
2 actually control the operation of a particular amusement ride
3 or amusement attraction at a carnival.
4     "Department" means the Department of State Police.
5     "Ride Operator Identification Card" means a card issued to
6 a carnival ride operator by the Department.
 
7     Section 15. Ride Operator Identification Card. Beginning
8 January 1, 2005, every carnival ride operator must apply for a
9 Ride Operator Identification Card. The person shall apply to
10 the Department on forms provided by the Department. There shall
11 be no cost for application for or issuance of a Ride Operator
12 Identification Card. The applicant may not operate amusement
13 rides and amusement attractions pending issuance of a Ride
14 Operation Identification Card. If the Department denies the
15 application, the applicant may not be employed to operate
16 amusement rides or amusement attractions at a carnival in the
17 State of Illinois. If the application is approved, the
18 Department shall send the card to the applicant. If the
19 application is denied, the Department shall send a notice of
20 denial to the applicant. The Department shall send a duplicate
21 copy of any card issued and any notice of denial to the
22 carnival employer listed on the identification card
23 application. The Department shall establish a process for
24 appeal and administrative review of any application denial.
 
25     Section 20. Ride Operator Identification Card application.
26 The Department shall provide application forms for persons
27 applying for a Ride Operator Identification Card. The form
28 shall request only the following information:
29         (1) name;
30         (2) address;
31         (3) date of birth;
32         (4) name and address of current carnival employer;

 

 

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1         (5) citizenship;
2         (6) height, weight, and eye color; and
3         (7) driver's license number if available.
 
4     Section 25. Expiration of Ride Operator Identification
5 Card. A properly issued Ride Operator Identification Card shall
6 be valid until December 31 of the year it is issued. Carnival
7 ride operators must apply annually for Ride Operator
8 Identification Cards.
 
9     Section 30. Criminal history fingerprinting check. All
10 applicants for Ride Operator Identification Cards must submit
11 his or her fingerprints to the Department of State Police in
12 the form and manner prescribed by the Department of State
13 Police. These fingerprints shall be checked against the
14 fingerprint records now and hereafter filed in the Department
15 of State Police criminal history records databases and, in the
16 case of an applicant 18 years of age or older, the Federal
17 Bureau of Investigation criminal history records databases. An
18 application for a Ride Operator Identification Card shall be
19 denied if the applicant has any current wants or warrants or
20 has ever been convicted of any sexual crime or sex offense as
21 defined in the Criminal Code of 1961. Specifically, no person
22 who is a registered sex offender may be issued a Ride Operator
23 Identification Card.
 
24     Section 35. Ride operator requirements. Each carnival ride
25 operator, in addition to applying for a Ride Operator
26 Identification Card, must:
27         (1) be at least 16 years of age;
28         (2) have completed any employment application required
29 by the amusement ride or amusement attraction owner;
30         (3) have identification available;
31         (4) if required by the carnival owner, wear a standard

 

 

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1 operator's uniform that identifies the individual as a ride
2 or attraction operator;
3         (5) be lawfully able to work in Illinois and, if not a
4 United States citizen, be currently permitted to work by
5 the United States Immigration and Naturalization Service;
6 and
7         (6) be trained on the function, procedures, and safety
8 requirements of every amusement ride and amusement
9 attraction that he or she operates.
 
10     Section 40. Responsibility of carnival owner for failure of
11 employee to comply with this Act. A carnival owner shall not be
12 responsible for any information submitted by an employee or for
13 the failure of an employee to apply or qualify for a Ride
14 Operator Identification Card. A carnival owner shall not be
15 liable to an employee for any of the requirements imposed by
16 this Act.
 
17     Section 45. Penalties. Any person who knowingly violates
18 any provision of this Act shall be guilty of a Class A
19 misdemeanor.
 
20     Section 905. The Illinois Municipal Code is amended by
21 changing Section 11-54.1-3 as follows:
 
22     (65 ILCS 5/11-54.1-3)   (from Ch. 24, par. 11-54.1-3)
23     Sec. 11-54.1-3. No such permit shall be granted by the
24 corporate authorities until they shall have investigated the
25 carnival and are satisfied that, if permitted, it will be
26 operated in accordance with the permit and the provisions of
27 this Division 54.1. Such corporate authorities may issue the
28 permit and collect permit fees necessary to pay the expenses of
29 the investigation and to aid in policing the grounds and
30 otherwise to compensate the city, village or incorporated town

 

 

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1 in such amount as the corporate authorities may determine. A
2 carnival, upon request of the municipality, must provide copies
3 of all Ride Operator Identification Cards for carnival
4 employees who will work at the site. The permitting entity must
5 request copies of Ride Operator Identification Cards at least
6 14 days before the carnival will be open to the public. If the
7 carnival has provided copies of Ride Operator Identification
8 Cards, the issuance of a permit may not be delayed or denied on
9 the basis that a carnival has failed to provide the name,
10 address, and background of or any other information related to
11 carnival employees. Each permit shall contain the proviso that
12 sheriffs and police officers shall have free access to the
13 grounds and all booths, shows and concessions on such grounds
14 at all times, and it shall be the duty of all officers present
15 at such carnival to enforce all the provisions of this Division
16 54.1.
17 (Source: P.A. 83-341.)
 
18     Section 910. The Carnival Regulation Act is amended by
19 changing Sections 1, 2 and 3 as follows:
 
20     (225 ILCS 205/1)  (from Ch. 85, par. 2001)
21     Sec. 1. "Carnival" means and includes an aggregation of
22 attractions, whether shows, acts, games, vending devices or
23 amusement devices, whether conducted under one or more
24 managements or independently, which are temporarily set up or
25 conducted in a public place or upon any private premises
26 accessible to the public, with or without admission fee, and
27 which, from the nature of the aggregation, attracts attendance
28 and causes promiscuous intermingling of persons in the spirit
29 of merrymaking and revelry.
30     "Fair board" means and includes the officers of any State
31 or county fair association.
32     "Ride Operator Identification Card" has the meaning given

 

 

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1 in the Carnival Ride Operator Registration Act.
2 (Source: Laws 1963, p. 868.)
 
3     (225 ILCS 205/2)   (from Ch. 85, par. 2002)
4     Sec. 2. No carnival shall be set up, run, operated or
5 conducted except within the limits of an incorporated
6 municipality, as provided in Division 54.1 of Article 11 of the
7 "Illinois Municipal Code", approved May 29, 1961, as heretofore
8 and hereafter amended, or within the limits or upon the grounds
9 of a State or county fair association, or any association
10 entitled to share in the funds appropriated by the State for
11 distribution among fair associations of the State, and unless a
12 written permit from the proper fair board has been issued,
13 setting forth the conditions under which such carnival shall be
14 operated. The permit shall be granted upon the condition that
15 there shall not be set up or operated any gambling device,
16 lottery, number or paddle wheel, number board, punch board, or
17 other game of chance, or any lewd, lascivious or indecent show
18 or attraction making an indecent exposure of the person or
19 suggesting lewdness or immorality. A carnival, upon request of
20 the municipality, county, or fair board, must provide copies of
21 all Ride Operator Identification Cards for carnival employees
22 who will work at the site. The permitting entity must request
23 copies of Ride Operator Identification Cards at least 14 days
24 before the carnival will be open to the public. If the carnival
25 has provided copies of Ride Operator Identification Cards, the
26 issuance of a permit may not be delayed or denied on the basis
27 that a carnival has failed to provide the name, address, or
28 background of or any other information related to carnival
29 employees.
30 (Source: Laws 1963, p. 868.)
 
31     (225 ILCS 205/3)   (from Ch. 85, par. 2003)
32     Sec. 3. No such permit shall be granted by a fair board

 

 

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1 until it has investigated the carnival and is satisfied that,
2 if permitted, it will be operated in accordance with the permit
3 and the provisions of this Act. Such fair boards are authorized
4 to issue the permit and to collect permit fees necessary to pay
5 the expenses of the investigation and to aid in policing the
6 grounds and otherwise to compensate the association in such
7 amount as they may determine. A carnival, upon request of the
8 fair board, must provide copies of all Ride Operator
9 Identification Cards for carnival employees who will work at
10 the site. The permitting entity must request copies of Ride
11 Operator Identification Cards at least 14 days before the
12 carnival will be open to the public. If the carnival has
13 provided copies of Ride Operator Identification Cards, the
14 issuance of a permit may not be delayed or denied on the basis
15 that a carnival has failed to provide the name, address, or
16 background of or any other information related to carnival
17 employees. Each permit shall contain the proviso that sheriffs
18 and police officers shall have free access to the grounds and
19 all booths, shows and concessions on such grounds at all times,
20 and it shall be the duty of all officers present at such
21 carnival to enforce all the provisions of this Act.
22 (Source: Laws 1965, p. 290.)
 
23     Section 999. Effective date. This Act takes effect upon
24 becoming law.".