97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0053

 

Introduced 1/27/2011, by Sen. Ira I. Silverstein

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Ice Cream Truck Worker Registration Act. Requires ice cream truck workers to obtain an Ice Cream Truck Worker Identification Card from the Department of State Police. Sets forth rules and procedures for obtaining an identification card. Provides that an application for an identification card shall be denied if the applicant (i) has ever been convicted of any sex offense, (ii) is a registered sex offender, or (iii) has ever been convicted of any homicide offense. Contains other ice cream truck worker requirements. Provides that an ice cream truck owner, upon the request of the municipality or county within which the ice cream truck is to operate, must provide copies of all Ice Cream Truck Worker Identification Cards for employees. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Ice
5Cream Truck Worker Registration Act.
 
6    Section 5. Intent. It is the intent of the General Assembly
7to ensure that individuals who are employed as workers upon an
8ice cream truck operating in the State of Illinois be persons
9of good character and not pose a threat or danger to patrons by
10establishing a process whereby ice cream truck workers, as
11defined in this Act, must apply for a registration card from
12the State of Illinois.
 
13    Section 10. Definitions. As used in this Act:
14    "Department" means the Department of State Police.
15    "Ice cream truck" means a motor vehicle engaged in the
16curbside vending or sale of frozen or refrigerated desserts,
17confections, or novelties commonly known as ice cream or
18prepackaged candies, prepackaged snack foods, or soft drinks,
19primarily intended for the sale to children under 12 years of
20age.
21    "Ice cream truck worker" means any individual employed as a
22worker upon an ice cream truck, including the driver of an ice

 

 

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1cream truck.
 
2    Section 15. Ice Cream Truck Worker Identification Card.
3Subject to annual appropriation to the Department for costs
4incurred under this Act, beginning January 1, 2012, every ice
5cream truck worker must apply for an Ice Cream Truck Worker
6Identification Card. The person shall apply to the Department
7on forms provided by the Department. There shall be no cost for
8application for or issuance of an Ice Cream Truck Worker
9Identification Card. The applicant may work as an ice cream
10truck worker pending issuance of an Ice Cream Truck Worker
11Identification Card. If the Department denies the application,
12the applicant may not be employed as an ice cream truck worker
13in the State of Illinois. If the application is approved, the
14Department shall send the card to the applicant. If the
15application is denied, the Department shall send a notice of
16denial to the applicant. The Department shall send a duplicate
17copy of any card issued and any notice of denial to the ice
18cream truck employer listed on the identification card
19application. The Department shall establish a process for
20appeal and administrative review of any application denial.
 
21    Section 20. Ice Cream Truck Worker Identification Card
22application. The Department shall provide application forms
23for persons applying for an Ice Cream Truck Worker
24Identification Card. The form shall request only the following

 

 

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1information:
2        (1) name;
3        (2) address;
4        (3) date of birth; and
5        (4) name and address of current ice cream truck
6    employer.
 
7    Section 25. Criminal history records check. An applicant
8for an Ice Cream Truck Worker Identification Card must, as a
9condition of initial employment, submit his or her fingerprints
10to the Department in the form and manner prescribed by the
11Department. These fingerprints shall be checked against the
12fingerprint records now and hereafter filed in the Department
13of State Police criminal history records databases and the
14Federal Bureau of Investigation criminal history records
15databases. Applicants who have completed the fingerprinting
16process under this Section shall not be subjected to the
17fingerprinting process subsequent to obtaining an Ice Cream
18Truck Worker Identification Card. The ice cream truck employer
19of each applicant is solely responsible for payment of any fee
20charged by the Department for conducting the criminal history
21records check, which shall not exceed the cost of the inquiry.
 
22    Section 30. Persons prohibited from obtaining Ice Cream
23Truck Worker Identification Card. An application for an Ice
24Cream Truck Worker Identification Card shall be denied if the

 

 

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1applicant (i) has ever been convicted of any offense set forth
2in Article 11 of the Criminal Code of 1961, (ii) is a
3registered sex offender as defined in the Sex Offender
4Registration Act, or (iii) has ever been convicted of any
5offense set forth in Article 9 of the Criminal Code of 1961.
 
6    Section 35. Ice cream truck worker requirements. Each ice
7cream truck worker, in addition to applying for an Ice Cream
8Truck Worker Identification Card, must:
9        (1) be at least 16 years of age;
10        (2) have completed any employment application required
11    by the ice cream truck owner;
12        (3) be in possession of a valid driver's license;
13        (4) if required by the ice cream truck owner, wear a
14    standard operator's uniform that identifies the individual
15    as an ice cream truck worker; and
16        (5) be lawfully able to work in Illinois and, if not a
17    United States citizen, be currently permitted to work by
18    the U.S. Citizenship and Immigration Services.
 
19    Section 40. Responsibility of ice cream truck owner for
20failure of employee to comply with this Act. An ice cream truck
21owner shall not be responsible for any information submitted by
22an employee or for the failure of an employee to apply or
23qualify for and Ice Cream Truck Worker Identification Card. An
24ice cream truck owner shall not be liable to an employee for

 

 

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1any of the requirements imposed by this Act.
 
2    Section 45. Copies of Ice Cream Truck Worker Identification
3Cards for municipalities and counties. An ice cream truck
4owner, upon the request of the municipality or county within
5which the ice cream truck is to operate must provide copies of
6all Ice Cream Truck Worker Identification Cards for employees
7who will work upon the ice cream truck. The municipality or
8county must request copies of Ice Cream Truck Worker
9Identification Cards at least 14 days before the ice cream
10truck is to begin operating within the municipality or county.
11If the ice cream truck owner has provided copies of Ice Cream
12Truck Worker Identification Cards and a permit is necessary for
13lawful operation of the ice cream truck, the issuance of a
14permit may not be delayed or denied on the basis that an ice
15cream truck owner has failed to provide the name, address, or
16background of or any other information related to ice cream
17truck workers.
 
18    Section 50. Penalties. Any person who knowingly violates
19any provision of this Act is guilty of a Class A misdemeanor.
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.