Full Text of HB4457 94th General Assembly
HB4457 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4457
Introduced 1/10/2006, by Rep. Kevin Joyce SYNOPSIS AS INTRODUCED: |
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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 |
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A BILL FOR
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HB4457 |
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LRB094 15744 RAS 50957 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as
the Ice | 5 |
| Cream Truck Worker Registration Act.
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| Section 5. Intent. It is the intent of the General Assembly | 7 |
| to
ensure that
individuals who are employed as workers upon an | 8 |
| ice cream truck operating in the State of Illinois be persons | 9 |
| of good
character and not pose a threat or
danger to patrons by
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| establishing a process whereby
ice cream truck workers, as | 11 |
| defined in this Act, must apply for a
registration card from | 12 |
| the State
of Illinois. | 13 |
| Section 10. Definitions. As used in this Act:
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| "Department" means the Department of State Police. | 15 |
| "Ice cream truck" means a motor vehicle engaged in the | 16 |
| curbside vending or sale of frozen or refrigerated desserts, | 17 |
| confections, or novelties commonly known as ice cream or | 18 |
| prepackaged candies, prepackaged snack foods, or soft drinks, | 19 |
| primarily intended for the sale to children under 12 years of | 20 |
| age. | 21 |
| "Ice cream truck worker" means any individual employed as a | 22 |
| worker upon an ice cream truck, including the driver of an ice | 23 |
| cream truck.
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| Section 15. Ice Cream Truck Worker Identification Card. | 25 |
| Subject to annual appropriation to the Department for costs | 26 |
| incurred under this Act, beginning January 1, 2007, every ice | 27 |
| cream truck worker must
apply for an Ice Cream Truck Worker
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| Identification Card. The person shall
apply to the Department | 29 |
| on
forms provided by the Department. There shall be no cost for | 30 |
| application for or
issuance of an Ice Cream Truck Worker
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HB4457 |
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LRB094 15744 RAS 50957 b |
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| Identification Card. The applicant may work as an ice cream | 2 |
| truck worker pending issuance of an Ice Cream Truck Worker | 3 |
| Identification Card. If the Department denies the application, | 4 |
| the applicant may
not be employed as an ice cream truck worker | 5 |
| in the State of Illinois. If the
application is approved, the
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| Department shall send the card to the applicant. If the | 7 |
| application is denied,
the Department shall send a
notice of | 8 |
| denial to the applicant. The Department shall send a duplicate | 9 |
| copy
of any card issued and any
notice of denial to the ice | 10 |
| cream truck employer listed on the identification card
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| application. The Department shall
establish a process for | 12 |
| appeal and administrative review of any application
denial. | 13 |
| Section 20. Ice Cream Truck Worker Identification Card | 14 |
| application. The Department
shall provide application forms | 15 |
| for
persons applying for an Ice Cream Truck Worker | 16 |
| Identification Card. The form shall
request only the following
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| information:
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| (1) name;
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| (2) address;
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| (3) date of birth; and
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| (4) name and address of
current ice cream truck | 22 |
| employer. | 23 |
| Section 25. Criminal history records check. An applicant | 24 |
| for an Ice Cream Truck Worker Identification Card must, as a | 25 |
| condition of initial employment, submit his or her fingerprints | 26 |
| to the Department in the form and manner prescribed by the | 27 |
| Department. These fingerprints shall be checked against the | 28 |
| fingerprint records now and hereafter filed in the Department | 29 |
| of State Police criminal history records databases and the | 30 |
| Federal Bureau of Investigation criminal history records | 31 |
| databases. Applicants who have completed the fingerprinting | 32 |
| process under this Section shall not be subjected to the | 33 |
| fingerprinting process subsequent to obtaining an Ice Cream | 34 |
| Truck Worker Identification Card. The ice cream truck employer |
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HB4457 |
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LRB094 15744 RAS 50957 b |
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| of each applicant is solely responsible for payment of any fee | 2 |
| charged by the Department for conducting the criminal history | 3 |
| records check, which shall not exceed the cost of the inquiry. | 4 |
| Section 30. Persons prohibited from obtaining Ice Cream | 5 |
| Truck Worker Identification Card. An application for an Ice | 6 |
| Cream Truck Worker Identification Card shall be denied if the | 7 |
| applicant (i) has ever been convicted of any offense set forth | 8 |
| in Article 11 of the Criminal Code of 1961, (ii) is a | 9 |
| registered sex offender as defined in the Sex Offender | 10 |
| Registration Act, or (iii) has ever been convicted of any | 11 |
| offense set forth in Article 9 of the Criminal Code of 1961. | 12 |
| Section 35. Ice cream truck worker requirements. Each ice | 13 |
| cream truck worker, in
addition to applying for an Ice Cream | 14 |
| Truck Worker Identification Card, must:
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| (1) be at least 16
years of age;
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| (2) have
completed any employment application required | 17 |
| by the ice cream truck owner;
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| (3) be in possession of a valid driver's license;
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| (4) if required by the ice cream truck owner, wear a
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| standard operator's uniform
that identifies the individual | 21 |
| as an ice cream truck worker; and
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| (5) be
lawfully able to work in Illinois and, if
not a | 23 |
| United States citizen, be currently permitted to work by | 24 |
| the U.S. Citizenship and Immigration Services.
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| Section 40. Responsibility of ice cream truck owner for | 26 |
| failure of employee to
comply with this Act. An ice cream truck | 27 |
| owner
shall not be responsible for any information submitted by | 28 |
| an employee or for
the failure of an employee to
apply or | 29 |
| qualify for and Ice Cream Truck Worker Identification Card. An | 30 |
| ice cream truck owner
shall not be liable to an
employee for | 31 |
| any of the requirements imposed by this Act. | 32 |
| Section 45. Copies of Ice Cream Truck Worker Identification |
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LRB094 15744 RAS 50957 b |
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| Cards for municipalities and counties. An ice cream truck | 2 |
| owner, upon the request of the municipality or county within | 3 |
| which the ice cream truck is to operate must provide copies of | 4 |
| all Ice Cream Truck Worker Identification Cards for
employees | 5 |
| who will work upon the ice cream truck. The municipality or | 6 |
| county must request copies of Ice Cream Truck Worker
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| Identification Cards at least 14 days before
the ice cream | 8 |
| truck is to begin operating within the municipality or county. | 9 |
| If the ice cream truck owner has provided
copies of Ice Cream | 10 |
| Truck Worker
Identification Cards and a permit is necessary for | 11 |
| lawful operation of the ice cream truck, the issuance of a | 12 |
| permit may not be delayed or denied on
the basis that an ice | 13 |
| cream truck owner has
failed to provide the name, address, or | 14 |
| background of or any other information
related to ice cream | 15 |
| truck workers. | 16 |
| Section 50. Penalties. Any person who knowingly violates | 17 |
| any provision of
this
Act is guilty of a Class A
misdemeanor. | 18 |
| Section 99. Effective date. This Act takes effect upon | 19 |
| becoming law. |
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