BPeeler
  •  BPeeler
  • 50.02% (Neutral)
  • Green Help Topic Starter
Tuesday, April 8, 2008 10:59:56 PM
I wanted to clear some information up on the Illinois conviction record checks. Illinois, as stated before, is requiring that conviction and sex offender checks must be completed for help. In addition you must have a substance abuse policy in place that includes random testing.

The requirements are that you must obtain the conviction and sex offender check from the Illinois State Police. If for employment purposes you must have a release signed; in the United States this is required regardless under the Federal Credit Reporting Act and is required for any checks that we do. The release must be kept on file for at least two years.

The law also states these checks must be completed at the time of hire. If you have not completed these checks at the time of hire you are ok as long as you have not been operating in the state. This is not to say you should not complete the requirements as soon as possible if you are operating in Illinois.

A comment was made regarding green help; someone had mentioned going to the local police for checking green help once you arrive at the spot. In speaking with the State Police today they explained to me that you will not be able to complete these checks with the local police. They also stated that they are experiencing people waiting to the last minute in requesting their checks. Someone had traveled a great distance this week and wanted to complete the checks at the state police headquarters while he waited because he was opening this coming weekend. They were able to help him but they went on to say this is not possible with everyone as they are getting backlogged.

As it stands right now; we are completing checks and they will be a couple weeks to return. This will clear up in two to three weeks and we will be once again returning results to clients within 24-48 hours. Something else I am not sure if I was clear on… Our conviction record and sex offender checks for Illinois are completed through our direct electronic link to the Illinois State Police System, as with many other states. This DOES meet the standards required for the Illinois Conviction Search. What I was trying to explain about the online search companies that are out their; you must be sure they are completing the searches through the state police database and not just a privately owned database or at a local level.

The law also states that the checks must be completed on anyone “Employed”, for the purposes of this Act, means an individual who is performing services for an owner/operator regardless of whether or not they are being paid for their services. We have a special program established for volunteers; if you or someone is need of this give me a call and I will help you out with this.


I hope this helps some of you planning on working in Illinois. We have placed some information on our site, and we will be adding additional state information for other states who have passed similar laws, such as Massachusetts.

Bill

The Peeler Group
32 West Main Street
PO Box 688
Fonda, NY 12068
518.853.8837
www.carnivalbackgroundchecks.com 
Matt C.
Wednesday, April 9, 2008 1:21:33 AM
Bill, thank you for the Illinois update. I am curious to know how a lot of the shows are doing with the IL checks, as, most of them will be open by next weekend. I know of one show who is still waiting on results from the state which was submitted over a week ago (must be the backlog you referred to!).

Another question I have - how is this law being enforced?
Matt Cook
Matt's Carnival Warehouse / Matt's Web Design
http://www.carnivalwarehouse.com 
http://www.mwdwebdesign.com 
Pinetar
  •  Pinetar
  • 87.34% (Honored)
  • Operations Foreman
Wednesday, April 9, 2008 4:46:38 AM
Bill, what is the definition of an operator that needs to have such a check, keeping in mind that there are multi ride carnivals as well as special events with inflates.
UserPostedImage
Matt C.
Wednesday, April 9, 2008 10:44:14 AM
Quote:

quote:


Originally posted by Pinetar

Bill, what is the definition of an operator that needs to have such a check, keeping in mind that there are multi ride carnivals as well as special events with inflates.



I think its anyone that operates rides, inflates, etc, but, Bill can probaly explain it in more detail. I know game/concession operators are not required to go through the testing.
Matt Cook
Matt's Carnival Warehouse / Matt's Web Design
http://www.carnivalwarehouse.com 
http://www.mwdwebdesign.com 
BPeeler
  •  BPeeler
  • 50.02% (Neutral)
  • Green Help Topic Starter
Wednesday, April 9, 2008 10:50:31 AM
Quote:

quote:


Originally posted by Pinetar

Bill, what is the definition of an operator that needs to have such a check, keeping in mind that there are multi ride carnivals as well as special events with inflates.



An operator in the context they have it, is and independent. They also have the following statement which is not clearly written: "Carnival worker" means "a person who is employed by a carnival or fair to manage, physically operate, or assist in the operation of an amusement ride or amusement attraction when it is open to the public." This change incorporates into the statute the definitions of manager, attendant and assistant from the Carnival Safety Regulations.

It’s my understanding that the way they define “attraction” includes game operations. Where we would maybe think of it as an inflatable, sideshow, ride or something similar; just a different take on language I guess.

What’s even more interesting to me is that they seem to include “fair amusement attractions”; I am curious to find out if they are meaning grab joints or information booths that you find under the grandstand or somewhere. Just my opinion, but if these states are going to require checks on anyone operating a ride etc. then they should have a clear law that states simply anyone working on a fairgrounds. This would include electricians, vendors and the guy or gal that cleans the toilets. If the laws are met to protect the kids, and not just come after the shows, then we need to cover all the bases.

Bill

The Peeler Group
32 West Main Street
PO Box 688
Fonda, NY 12068
518.853.8837
www.carnivalbackgroundchecks.com 
carnivalgirl
Wednesday, April 9, 2008 10:55:40 AM
Thank you Bill for being clear on this. I was at the safety meeting in January up in Springfield and we had a Il police officer/representative there speaking to us about this law. Many of us in IL have followed this law and wrote letters and even went to meet our representatives. We are doing the process electronically and it can be time consuming. The officer at our meeting stated we could do "green help" checks thru the local police as long as we also sent in the information into the IL state police even if they worked for us only one day. So that is very interesting what they told you. Thanks for getting back with us on this.
flamo
  •  flamo
  • 87.94% (Honored)
  • Operations Foreman
Wednesday, April 9, 2008 11:02:37 AM
WOuld this also include the local groups with grabs or what ever. Although volenteers they are technically workers and should be included.
I'm there, Old, Tired, Broke and Henpecked
carnivalgirl
Wednesday, April 9, 2008 11:03:37 AM
right now the law states only carnival ride operators.
BPeeler
  •  BPeeler
  • 50.02% (Neutral)
  • Green Help Topic Starter
Wednesday, April 9, 2008 11:22:29 AM
Matt,

The Department of Labor will be enforcing these laws. As for the definition of "Operator" the definition as in the law is:

7. "Operator" means a person, or the agent of a person, who owns or controls or has the duty to control the operation of an amusement ride or an amusement attraction at a carnival or fair. "Operator" includes an agency of the State or any of its political subdivisions.

It does not seem to include games etc. I am going to clarify this as well. Thank you for the info carnivalgirl; I am suppose to attend a meeting next month too.

http://www.carnivalbackg.../IllinoisCarnivalLaw.pdf 

The problem you have, like with any law, it is written by attorney's with the help of some people that are familiar with the industry but the do not "know" the industry. So they write some pretty ridiculous things at times.

Bill
The Peeler Group
32 West Main Street
PO Box 688
Fonda, NY 12068
518.853.8837
www.carnivalbackgroundchecks.com 
flamo
  •  flamo
  • 87.94% (Honored)
  • Operations Foreman
Wednesday, April 9, 2008 5:07:59 PM
I am confused about this law. If the intent is to protect the kids from sex offenders why is the law so vague, not inclusive and looking for everything. Sex offenders could and more likely be local.
I'm there, Old, Tired, Broke and Henpecked
BPeeler
  •  BPeeler
  • 50.02% (Neutral)
  • Green Help Topic Starter
Wednesday, April 9, 2008 9:27:22 PM
Quote:

quote:


Originally posted by carnivalgirl

The officer at our meeting stated we could do "green help" checks thru the local police as long as we also sent in the information into the IL state police even if they worked for us only one day.



I had a conversation with the Department of Labor today. This was apparently the original plan for hiring green help who would work one location. What they found out after the fact, is that when the local police run a convictions check, it also checks the FBI database and the FBI records are not allowed to be given to private citizens. Therefore the local police will not be able to give you the documentation required, and they will be required by the Department of Labor.

They are making more changes in the laws and will be introducing them soon. They have promised to try to keep me apprised of the changes.

I have a favor to ask of you all; if you know a board member or something like that with OABA, could you have them contact me if they are involved with the Illinois issues. There are some serious issues that need to be discussed before this situation gets worse. What was described to me today in what the final amendments of the law will look like did not sound good.

Thank you,
Bill

The Peeler Group
32 West Main Street
PO Box 688
Fonda, NY 12068
518.853.8837
www.carnivalbackgroundchecks.com