Illinois General Assembly - Full Text of SB3240
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Full Text of SB3240  100th General Assembly

SB3240sam002 100TH GENERAL ASSEMBLY

Sen. Scott M. Bennett

Filed: 4/5/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3240

2    AMENDMENT NO. ______. Amend Senate Bill 3240 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Amusement Ride and Attraction Safety Act is
5amended by changing Section 2-20 as follows:
 
6    (430 ILCS 85/2-20)
7    Sec. 2-20. Employment of carnival and amusement enterprise
8workers.
9    (a) Beginning on January 1, 2008, no person, firm,
10corporation, or other entity that owns or operates a carnival,
11amusement enterprise, or fair shall employ a carnival or
12amusement enterprise worker who (i) has been convicted of any
13offense set forth in Article 11 of the Criminal Code of 1961 or
14the Criminal Code of 2012, (ii) is a registered sex offender,
15as defined in the Sex Offender Registration Act, or (iii) has
16ever been convicted of any offense set forth in Article 9 of

 

 

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1the Criminal Code of 1961 or the Criminal Code of 2012.
2    (b) A person, firm, corporation, or other entity that owns
3or operates a carnival, amusement enterprise, or fair must
4conduct a criminal history records check and perform a check of
5the National Sex Offender Public Registry for carnival or
6amusement enterprise workers at the time they are hired, and
7annually thereafter except if they are in the continued employ
8of the entity.
9    The criminal history records check performed under this
10subsection (b) shall be performed by the Illinois State Police,
11another State or federal law enforcement agency, or a business
12belonging to the National Association of Professional
13Background Check Screeners. Any criminal history checks
14performed by the Illinois State Police shall be pursuant to the
15Illinois Uniform Conviction Information Act.
16    Individuals who are under the age of 17 are exempt from the
17criminal history records check requirements set forth in this
18subsection (b).
19    (c) Any person, firm, corporation, or other entity that
20owns or operates a carnival, amusement enterprise, or fair must
21have a substance abuse policy in place for its workers, which
22shall include random drug testing of carnival or amusement
23enterprise workers.
24    (d) Any person, firm, corporation, or other entity that
25owns or operates a carnival, amusement enterprise, or fair that
26violates the provisions of subsection (a) of this Section or

 

 

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1fails to conduct a criminal history records check or a sex
2offender registry check for carnival or amusement enterprise
3workers in its employ, as required by subsection (b) of this
4Section, shall be assessed a civil penalty in an amount not to
5exceed $5,000 $1,000 for a first offense, shall be assessed a
6civil penalty in an amount not to exceed $10,000 $5,000 for a
7second offense, and a subsequent offense shall result in the
8revocation of a permit to operate in accordance with Section
92-8.1 not to exceed $15,000 for a third or subsequent offense.
10The collection of these penalties shall be enforced in a civil
11action brought by the Attorney General on behalf of the
12Department.
13    (e) A carnival, amusement enterprise, or fair owner is not
14responsible for:
15        (1) any personal information submitted by a carnival or
16    amusement enterprise worker for criminal history records
17    check purposes; or
18        (2) any information provided by a third party for a
19    criminal history records check or a sex offender registry
20    check.
21    (f) Recordkeeping requirements. Any person, firm,
22corporation, or other entity that owns or operates a carnival,
23amusement enterprise, or fair subject to the provisions of this
24Act shall make, preserve, and make available to the Department,
25upon its request, all records that are required by this Act,
26including but not limited to a written substance abuse policy,

 

 

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1evidence of the required criminal history records check and sex
2offender registry check, and any other information the Director
3may deem necessary and appropriate for enforcement of this Act.
4    (g) A carnival, amusement enterprise, or fair owner shall
5not be liable to any employee in carrying out the requirements
6of this Section.
7(Source: P.A. 97-1150, eff. 1-25-13; 98-769, eff. 1-1-15.)".