Illinois General Assembly - Full Text of HB4457
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Full Text of HB4457  94th General Assembly


Rep. Kevin Joyce

Filed: 3/1/2006





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2     AMENDMENT NO. ______. Amend House Bill 4457 by replacing
3 everything after the enacting clause with the following:
4     "Section 1. Short title. This Act may be cited as the Ice
5 Cream Truck Worker Registration Act.
6     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
10 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:
14     "Department" means the Department of Financial and
15 Professional Regulation.
16     "Ice cream truck" means a motor vehicle engaged in the
17 curbside vending or sale of frozen or refrigerated desserts,
18 confections, or novelties commonly known as ice cream or
19 prepackaged candies, prepackaged snack foods, or soft drinks,
20 primarily intended for the sale to children under 12 years of
21 age.
22     "Ice cream truck worker" means any individual employed as a
23 worker upon an ice cream truck, including the driver of an ice



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1 cream truck.
2     Section 15. Ice Cream Truck Worker Identification Card.
3 Subject to annual appropriation to the Department for costs
4 incurred under this Act, beginning January 1, 2007, every ice
5 cream truck worker must apply for an Ice Cream Truck Worker
6 Identification Card. The person shall apply to the Department
7 on forms provided by the Department. There shall be no cost for
8 application for or issuance of an Ice Cream Truck Worker
9 Identification Card. The applicant may work as an ice cream
10 truck worker pending issuance of an Ice Cream Truck Worker
11 Identification Card. If the Department denies the application,
12 the applicant may not be employed as an ice cream truck worker
13 in the State of Illinois. If the application is approved, the
14 Department shall send the card to the applicant. If the
15 application is denied, the Department shall send a notice of
16 denial to the applicant. The Department shall send a duplicate
17 copy of any card issued and any notice of denial to the ice
18 cream truck employer listed on the identification card
19 application. The Department shall establish a process for
20 appeal and administrative review of any application denial.
21     Section 20. Ice Cream Truck Worker Identification Card
22 application. The Department shall provide application forms
23 for persons applying for an Ice Cream Truck Worker
24 Identification Card. The form shall request only the following
25 information:
26         (1) name;
27         (2) address;
28         (3) date of birth; and
29         (4) name and address of current ice cream truck
30     employer.
31     Section 25. Criminal history records check. The Department



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1 shall require that each applicant for an Ice Cream Truck Worker
2 Identification Card must, as a condition of initial employment,
3 submit his or her fingerprints to the Department of State
4 Police in the form and manner prescribed by the Department of
5 State Police. These fingerprints shall be checked against the
6 fingerprint records now and hereafter filed in the Department
7 of State Police criminal history records databases and the
8 Federal Bureau of Investigation criminal history records
9 databases. The Department of State Police shall provide
10 information concerning any criminal charges and their
11 disposition, now and hereafter filed, against an applicant to
12 the Department. Applicants who have completed the
13 fingerprinting process under this Section shall not be
14 subjected to the fingerprinting process subsequent to
15 obtaining an Ice Cream Truck Worker Identification Card. The
16 ice cream truck employer of each applicant is solely
17 responsible for payment of any fee charged by the Department of
18 State Police for conducting the criminal history records check,
19 which shall not exceed the cost of the inquiry.
20     Section 30. Persons prohibited from obtaining Ice Cream
21 Truck Worker Identification Card. An application for an Ice
22 Cream Truck Worker Identification Card shall be denied if the
23 applicant (i) has ever been convicted of any offense set forth
24 in Article 11 of the Criminal Code of 1961, (ii) is a
25 registered sex offender as defined in the Sex Offender
26 Registration Act, or (iii) has ever been convicted of any
27 offense set forth in Article 9 of the Criminal Code of 1961.
28     Section 35. Ice cream truck worker requirements. Each ice
29 cream truck worker, in addition to applying for an Ice Cream
30 Truck Worker Identification Card, must:
31         (1) be at least 16 years of age;
32         (2) have completed any employment application required



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1     by the ice cream truck owner;
2         (3) be in possession of a valid driver's license;
3         (4) if required by the ice cream truck owner, wear a
4     standard operator's uniform that identifies the individual
5     as an ice cream truck worker; and
6         (5) be lawfully able to work in Illinois and, if not a
7     United States citizen, be currently permitted to work by
8     the U.S. Citizenship and Immigration Services.
9     Section 40. Responsibility of ice cream truck owner for
10 failure of employee to comply with this Act. An ice cream truck
11 owner shall not be responsible for any information submitted by
12 an employee or for the failure of an employee to apply or
13 qualify for and Ice Cream Truck Worker Identification Card. An
14 ice cream truck owner shall not be liable to an employee for
15 any of the requirements imposed by this Act.
16     Section 45. Copies of Ice Cream Truck Worker Identification
17 Cards for municipalities and counties. An ice cream truck
18 owner, upon the request of the municipality or county within
19 which the ice cream truck is to operate must provide copies of
20 all Ice Cream Truck Worker Identification Cards for employees
21 who will work upon the ice cream truck. The municipality or
22 county must request copies of Ice Cream Truck Worker
23 Identification Cards at least 14 days before the ice cream
24 truck is to begin operating within the municipality or county.
25 If the ice cream truck owner has provided copies of Ice Cream
26 Truck Worker Identification Cards and a permit is necessary for
27 lawful operation of the ice cream truck, the issuance of a
28 permit may not be delayed or denied on the basis that an ice
29 cream truck owner has failed to provide the name, address, or
30 background of or any other information related to ice cream
31 truck workers.



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1     Section 50. Penalties. Any person who knowingly violates
2 any provision of this Act is guilty of a Class A misdemeanor.
3     Section 99. Effective date. This Act takes effect upon
4 becoming law.".