Full Text of SB0053 97th General Assembly
SB0053sam001 97TH GENERAL ASSEMBLY | Sen. Ira I. Silverstein Filed: 4/4/2011
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| 1 | | AMENDMENT TO SENATE BILL 53
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 53 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. |
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| 1 | | "Ice cream truck" means a motor vehicle engaged in the | 2 | | curbside vending or sale of frozen or refrigerated desserts, | 3 | | confections, or novelties commonly known as ice cream or | 4 | | prepackaged candies, prepackaged snack foods, or soft drinks, | 5 | | primarily intended for the sale to children under 12 years of | 6 | | age. | 7 | | "Ice cream truck worker" means any individual employed as a | 8 | | worker upon an ice cream truck, including the driver of an ice | 9 | | cream truck.
| 10 | | Section 15. Ice Cream Truck Worker Identification Card. | 11 | | Subject to annual appropriation to the Department for costs | 12 | | incurred under this Act, beginning January 1, 2012, every ice | 13 | | cream truck worker must
apply for an Ice Cream Truck Worker
| 14 | | Identification Card. The person shall
apply to the Department | 15 | | on
forms provided by the Department. There shall be no cost for | 16 | | application for or
issuance of an Ice Cream Truck Worker
| 17 | | Identification Card. The applicant may work as an ice cream | 18 | | truck worker pending issuance of an Ice Cream Truck Worker | 19 | | Identification Card. If the Department denies the application, | 20 | | the applicant may
not be employed as an ice cream truck worker | 21 | | in the State of Illinois. If the
application is approved, the
| 22 | | Department shall send the card to the applicant. If the | 23 | | application is denied,
the Department shall send a
notice of | 24 | | denial to the applicant. The Department shall send a duplicate | 25 | | copy
of any card issued and any
notice of denial to the ice |
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| 1 | | cream truck employer listed on the identification card
| 2 | | application. The Department shall
establish a process for | 3 | | appeal and administrative review of any application
denial. | 4 | | Section 20. Ice Cream Truck Worker Identification Card | 5 | | application. The Department
shall provide application forms | 6 | | for
persons applying for an Ice Cream Truck Worker | 7 | | Identification Card. The form shall
request only the following
| 8 | | information:
| 9 | | (1) name;
| 10 | | (2) address;
| 11 | | (3) date of birth; and
| 12 | | (4) name and address of
current ice cream truck | 13 | | employer. | 14 | | Section 25. Criminal history records check. An applicant | 15 | | for an Ice Cream Truck Worker Identification Card must, as a | 16 | | condition of initial employment, submit his or her fingerprints | 17 | | to the Department in the form and manner prescribed by the | 18 | | Department. Each applicant is solely responsible for payment of | 19 | | any fee charged by the Department for conducting the criminal | 20 | | history records check, which shall not exceed the cost of the | 21 | | inquiry. Any ice cream truck worker is required as a condition | 22 | | of employment, business ownership, or licensing, to undergo a | 23 | | Department of State Police and Federal Bureau of Investigation | 24 | | fingerprint based criminal history records check. The |
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| 1 | | Department of State Police and the Federal Bureau of | 2 | | Investigation shall furnish, pursuant to a fingerprint based | 3 | | criminal history records check, records of conviction, until | 4 | | expunged, to the Department. The Department of State Police | 5 | | shall charge a fee for conducting the criminal history records | 6 | | check, which fee shall be deposited in the State Police | 7 | | Services Fund and shall not exceed the cost of inquiry. The ice | 8 | | cream truck worker shall be required to pay all fees associated | 9 | | with conducting the criminal history records check as well as | 10 | | any other application fees as established by rule, including, | 11 | | but not limited to, the fee established by the Department of | 12 | | State Police and the Federal Bureau of Investigation to process | 13 | | fingerprint based criminal history records check. No one may | 14 | | sell ice cream from a truck or mobile push device until the | 15 | | results of the background check have been returned and a | 16 | | fitness determination has been made by the Department. | 17 | | Section 30. Persons prohibited from obtaining Ice Cream | 18 | | Truck Worker Identification Card. An application for an Ice | 19 | | Cream Truck Worker Identification Card shall be denied if the | 20 | | applicant (i) has ever been convicted of any offense set forth | 21 | | in Article 11 of the Criminal Code of 1961, (ii) is a | 22 | | registered sex offender as defined in the Sex Offender | 23 | | Registration Act, or (iii) has ever been convicted of any | 24 | | offense set forth in Article 9 of the Criminal Code of 1961. |
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| 1 | | Section 35. Ice cream truck worker requirements. Each ice | 2 | | cream truck worker, in
addition to applying for an Ice Cream | 3 | | Truck Worker Identification Card, must:
| 4 | | (1) be at least 16
years of age;
| 5 | | (2) have
completed any employment application required | 6 | | by the ice cream truck owner;
| 7 | | (3) be in possession of a valid driver's license;
| 8 | | (4) if required by the ice cream truck owner, wear a
| 9 | | standard operator's uniform
that identifies the individual | 10 | | as an ice cream truck worker; and
| 11 | | (5) be
lawfully able to work in Illinois and, if
not a | 12 | | United States citizen, be currently permitted to work by | 13 | | the U.S. Citizenship and Immigration Services.
| 14 | | Section 40. Responsibility of ice cream truck owner for | 15 | | failure of employee to
comply with this Act. An ice cream truck | 16 | | owner
shall not be responsible for any information submitted by | 17 | | an employee or for
the failure of an employee to
apply or | 18 | | qualify for an Ice Cream Truck Worker Identification Card. An | 19 | | ice cream truck owner
shall not be liable to an
employee for | 20 | | any of the requirements imposed by this Act. | 21 | | Section 45. Copies of Ice Cream Truck Worker Identification | 22 | | Cards for municipalities and counties. An ice cream truck | 23 | | owner, upon the request of the municipality or county within | 24 | | which the ice cream truck is to operate, must provide copies of |
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| 1 | | all Ice Cream Truck Worker Identification Cards for
employees | 2 | | who will work upon the ice cream truck. The municipality or | 3 | | county must request copies of Ice Cream Truck Worker
| 4 | | Identification Cards at least 14 days before
the ice cream | 5 | | truck is to begin operating within the municipality or county. | 6 | | If the ice cream truck owner has provided
copies of Ice Cream | 7 | | Truck Worker
Identification Cards and a permit is necessary for | 8 | | lawful operation of the ice cream truck, the issuance of a | 9 | | permit may not be delayed or denied on
the basis that an ice | 10 | | cream truck owner has
failed to provide the name, address, or | 11 | | background of or any other information
related to ice cream | 12 | | truck workers. | 13 | | Section 50. Penalties. Any person who knowingly violates | 14 | | any provision of
this
Act is guilty of a Class A
misdemeanor. | 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
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