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Public Act 100-0944
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| SB3240 Enrolled | LRB100 20750 MJP 36233 b |
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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:
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(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 |
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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 |
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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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