Sen. Scott M. Bennett
Filed: 4/5/2018
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1 | AMENDMENT TO SENATE BILL 3240
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2 | AMENDMENT NO. ______. Amend Senate Bill 3240 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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.
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7 | (Source: P.A. 97-1150, eff. 1-25-13; 98-769, eff. 1-1-15 .)".
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