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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Amusement Ride and Attraction Safety Act is | 5 | | amended by changing Section 2-20 as follows: | 6 | | (430 ILCS 85/2-20) | 7 | | Sec. 2-20. Employment of carnival and amusement enterprise | 8 | | workers. | 9 | | (a) Beginning on January 1, 2008, no person, firm, | 10 | | corporation, or other entity that owns or operates a carnival, | 11 | | amusement enterprise, or fair shall employ a carnival or | 12 | | amusement enterprise worker who (i) has been convicted of any | 13 | | offense set forth in Article 11 of the Criminal Code of 1961 or | 14 | | the Criminal Code of 2012, (ii) is a registered sex offender, | 15 | | as defined in the Sex Offender Registration Act, or (iii) has | 16 | | ever been convicted of any offense set forth in Article 9 of |
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| 1 | | the Criminal Code of 1961 or the Criminal Code of 2012. | 2 | | (b) A person, firm, corporation, or other entity that owns | 3 | | or operates a carnival, amusement enterprise, or fair must | 4 | | conduct a criminal history records check and perform a check of | 5 | | the National Sex Offender Public Registry for carnival or | 6 | | amusement enterprise workers at the time they are hired, and | 7 | | annually thereafter except if they are in the continued employ | 8 | | of the entity. | 9 | | The criminal history records check performed under this | 10 | | subsection (b) shall be performed by the Illinois State Police, | 11 | | another State or federal law enforcement agency, or a business | 12 | | belonging to the National Association of Professional | 13 | | Background Check Screeners. Any criminal history checks | 14 | | performed by the Illinois State Police shall be pursuant to the | 15 | | Illinois Uniform Conviction Information Act. | 16 | | Individuals who are under the age of 17 are exempt from the | 17 | | criminal history records check requirements set forth in this | 18 | | subsection (b). | 19 | | (c) Any person, firm, corporation, or other entity that | 20 | | owns or operates a carnival, amusement enterprise, or fair must | 21 | | have a substance abuse policy in place for its workers, which | 22 | | shall include random drug testing of carnival or amusement | 23 | | enterprise workers. | 24 | | (d) Any person, firm, corporation, or other entity that | 25 | | owns or operates a carnival, amusement enterprise, or fair that | 26 | | violates the provisions of subsection (a) of this Section or |
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| 1 | | fails to conduct a criminal history records check or a sex | 2 | | offender registry check for carnival or amusement enterprise | 3 | | workers in its employ, as required by subsection (b) of this | 4 | | Section, shall be assessed a civil penalty in an amount not to | 5 | | exceed $5,000 $1,000 for a first offense, shall be assessed a | 6 | | civil penalty in an amount not to exceed $10,000 $5,000 for a | 7 | | second offense, and a subsequent offense shall result in the | 8 | | revocation of a permit to operate in accordance with Section | 9 | | 2-8.1 not to exceed $15,000 for a third or subsequent offense . | 10 | | The collection of these penalties shall be enforced in a civil | 11 | | action brought by the Attorney General on behalf of the | 12 | | Department. | 13 | | (e) A carnival, amusement enterprise, or fair owner is not | 14 | | responsible 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, | 22 | | corporation, or other entity that owns or operates a carnival, | 23 | | amusement enterprise, or fair subject to the provisions of this | 24 | | Act shall make, preserve, and make available to the Department, | 25 | | upon its request, all records that are required by this Act, | 26 | | including but not limited to a written substance abuse policy, |
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| 1 | | evidence of the required criminal history records check and sex | 2 | | offender registry check, and any other information the Director | 3 | | may deem necessary and appropriate for enforcement of this Act. | 4 | | (g) A carnival, amusement enterprise, or fair owner shall | 5 | | not be liable to any employee in carrying out the requirements | 6 | | of this Section.
| 7 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-769, eff. 1-1-15 .)".
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