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:
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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.
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