HB 3298

Abstract

Creates the Physical Fitness Center Employee Background Check Act. Provides that a physical fitness center employer who makes a conditional offer of employment to an applicant for a position as an employee shall initiate a fingerprint-based criminal history record check on the applicant, if a background check has not been previously conducted. Provides that the Department of State Police shall notify the physical fitness center of any convictions associated with the fingerprints submitted. Provides that the applicant or employee may be required to pay all related application and fingerprinting fees. Provides that the physical fitness center employer shall retain on file, for a period of 5 years, records of criminal records requests for all employees. Provides other requirements for fingerprint-based criminal history records checks and employer's files. Provides that if an employee is suspended from employment based on the results of a criminal background check conducted under this Act, and the results prompting the suspension are subsequently found to be inaccurate, the employee is entitled to recover backpay from his or her physical fitness center employer for the suspension period, provided that the employer is responsible for the inaccuracy. Authorizes the Department of Public Health to exercise the powers and duties prescribed by the Civil Administrative Code of Illinois for administration of licensing acts and shall exercise other powers and duties necessary for effectuating the purpose of the Act. Provides that any person who is found to have violated any provision of the Act is guilty of a petty offense for the first offense and a Class A misdemeanor for the second and any subsequent offense.