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| Public Act 100-0944 | ||||
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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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.
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(Source: P.A. 97-1150, eff. 1-25-13; 98-769, eff. 1-1-15.)
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