Senate File 2148 - Introduced



                                       SENATE FILE       
                                       BY  HOGG


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act requiring criminal record checks of carnival workers and
  2    making penalties applicable.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6011XS 82
  5 ak/nh/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  88A.3A  CRIMINAL RECORD CHECKS.
  1  2    1.  As a condition of receiving or holding a permit under
  1  3 this chapter, an operator shall conduct a criminal record
  1  4 check in this state of each person employed by the operator at
  1  5 an amusement ride, an amusement device, or concession booth
  1  6 that is required to have a permit.  The operator may require
  1  7 the employee to pay the cost of the criminal record check.
  1  8    2.  To conduct the criminal record check, the operator
  1  9 shall submit a request for criminal history data to the
  1 10 department of public safety in accordance with chapter 692 no
  1 11 later than twenty=four hours after a person commences
  1 12 employment.  A record check shall not be valid for more than
  1 13 twenty=four months.  The operator shall have available for
  1 14 inspection a valid record check for each person employed at an
  1 15 amusement ride, amusement device, or concession booth that is
  1 16 required to have a permit.
  1 17    Sec. 2.  Section 88A.7, Code 2007, is amended to read as
  1 18 follows:
  1 19    88A.7  CESSATION ORDER.
  1 20    The commissioner may order, in writing, a temporary
  1 21 cessation of operation of any amusement device or ride,
  1 22 concession booth, or related electrical equipment if it has
  1 23 been determined after inspection to be hazardous or unsafe or
  1 24 if the operator is not in compliance with section 88A.3A.
  1 25 Operation of the amusement device or ride, concession booth,
  1 26 or related electrical equipment shall not resume until the
  1 27 unsafe or hazardous condition is corrected to the satisfaction
  1 28 of the commissioner or the operator is in compliance with
  1 29 section 88A.3A.
  1 30    Sec. 3.  Section 88A.12, Code 2007, is amended to read as
  1 31 follows:
  1 32    88A.12  LOCAL REGULATION.
  1 33    Nothing contained in this This chapter shall not prevent
  1 34 any political subdivision of this state from licensing or
  1 35 regulating any amusement ride or device, concession booth,
  2  1 electrical equipment, carnival, or circus as otherwise
  2  2 provided by law.  A political subdivision of this state may
  2  3 inspect an operator to ascertain the operator's compliance
  2  4 with section 88A.3A and the inspection may include review of
  2  5 each employee's criminal record.
  2  6    Sec. 4.  Section 88A.14, Code 2007, is amended to read as
  2  7 follows:
  2  8    88A.14  INJUNCTION.
  2  9    In addition to any and all other remedies, if an owner,
  2 10 operator, or person in charge of any amusement device or ride,
  2 11 concession booth, or related electrical equipment covered by
  2 12 this chapter, continues to operate any amusement device or
  2 13 ride, concession booth, or related electrical equipment
  2 14 covered by this chapter, after receiving a notice of defect
  2 15 cessation order as provided by this chapter, without first
  2 16 correcting the defects or making replacements, or complying
  2 17 with section 88A.3A, the commissioner may petition the
  2 18 district court in equity, in an action brought in the name of
  2 19 the state, for a writ of injunction to restrain the use or
  2 20 operation of the alleged defective amusement device or ride,
  2 21 concession booth, or related electrical equipment.
  2 22                           EXPLANATION
  2 23    This bill requires operators of certain amusement rides and
  2 24 devices, concession booths, and other activities at carnivals
  2 25 or fairs to perform criminal record checks of employees.  The
  2 26 bill is directed to operators required to hold a permit under
  2 27 Code chapter 88A, relating to safety inspection of amusement
  2 28 rides.
  2 29    In new Code section 88A.3A, the bill provides that
  2 30 conducting the required record check is a condition of
  2 31 issuance and holding a permit.  A record check is valid for
  2 32 not more than 24 months.  An operator must have available for
  2 33 inspection a valid record check for each person employed at a
  2 34 ride, device, or booth that is required to have a permit.
  2 35 However, the operator may require the cost of a criminal
  3  1 record check to be paid by the employee.
  3  2    Code section 88A.7, relating to cessation orders that may
  3  3 be issued by the labor commissioner, is amended to allow the
  3  4 commissioner to issue a cessation order for an operator that
  3  5 does not comply with the record check requirements.
  3  6    Code section 88A.12, relating to regulation of amusement
  3  7 rides and devices and concession booths by political
  3  8 subdivisions, is amended to authorize a political subdivision
  3  9 of the state to inspect an operator to ensure the operator's
  3 10 compliance with the criminal record check requirement.  The
  3 11 inspection may include review of each employee's criminal
  3 12 record.
  3 13    Code section 88A.14, authorizing the labor commissioner to
  3 14 petition the court for an injunction to restrain the use of
  3 15 amusement rides and devices and concession booths that have
  3 16 been subject to a cessation order, is amended to include the
  3 17 record check requirement.
  3 18    Under current law, Code section 88A.10 provides that a
  3 19 violation of permit requirements or order or rule issued under
  3 20 the Code chapter is a serious misdemeanor.
  3 21 LSB 6011XS 82
  3 22 ak/nh/5.1