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 33Nothing contained in thisThis 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 anotice of defect2 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 thealleged defectiveamusement 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