Public Act 100-0944
 
SB3240 EnrolledLRB100 20750 MJP 36233 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Amusement Ride and Attraction Safety Act is
amended by changing Section 2-20 as follows:
 
    (430 ILCS 85/2-20)
    Sec. 2-20. Employment of carnival and amusement enterprise
workers.
    (a) Beginning on January 1, 2008, no person, firm,
corporation, or other entity that owns or operates a carnival,
amusement enterprise, or fair shall employ a carnival or
amusement enterprise worker who (i) has been convicted of any
offense set forth in Article 11 of the Criminal Code of 1961 or
the Criminal Code of 2012, (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 or the Criminal Code of 2012.
    (b) A person, firm, corporation, or other entity that owns
or operates a carnival, amusement enterprise, or fair must
conduct a criminal history records check and perform a check of
the National Sex Offender Public Registry for carnival or
amusement enterprise workers at the time they are hired, and
annually thereafter except if they are in the continued employ
of the entity.
    The criminal history records check performed under this
subsection (b) shall be performed by the Illinois State Police,
another State or federal law enforcement agency, or a business
belonging to the National Association of Professional
Background Check Screeners. Any criminal history checks
performed by the Illinois State Police shall be pursuant to the
Illinois Uniform Conviction Information Act.
    Individuals who are under the age of 17 are exempt from the
criminal history records check requirements set forth in this
subsection (b).
    (c) Any person, firm, corporation, or other entity that
owns or operates a carnival, amusement enterprise, or fair must
have a substance abuse policy in place for its workers, which
shall include random drug testing of carnival or amusement
enterprise workers.
    (d) Any person, firm, corporation, or other entity that
owns or operates a carnival, amusement enterprise, or fair that
violates the provisions of subsection (a) of this Section or
fails to conduct a criminal history records check or a sex
offender registry check for carnival or amusement enterprise
workers in its employ, as required by subsection (b) of this
Section, shall be assessed a civil penalty in an amount not to
exceed $5,000 $1,000 for a first offense, shall be assessed a
civil penalty in an amount not to exceed $10,000 $5,000 for a
second offense, and a subsequent offense shall result in the
revocation of a permit to operate in accordance with Section
2-8.1 not to exceed $15,000 for a third or subsequent offense.
The collection of these penalties shall be enforced in a civil
action brought by the Attorney General on behalf of the
Department.
    (e) A carnival, amusement enterprise, or fair owner is not
responsible for:
        (1) any personal information submitted by a carnival or
    amusement enterprise worker for criminal history records
    check purposes; or
        (2) any information provided by a third party for a
    criminal history records check or a sex offender registry
    check.
    (f) Recordkeeping requirements. Any person, firm,
corporation, or other entity that owns or operates a carnival,
amusement enterprise, or fair subject to the provisions of this
Act shall make, preserve, and make available to the Department,
upon its request, all records that are required by this Act,
including but not limited to a written substance abuse policy,
evidence of the required criminal history records check and sex
offender registry check, and any other information the Director
may deem necessary and appropriate for enforcement of this Act.
    (g) A carnival, amusement enterprise, or fair owner shall
not be liable to any employee in carrying out the requirements
of this Section.
(Source: P.A. 97-1150, eff. 1-25-13; 98-769, eff. 1-1-15.)