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HB4457 Engrossed |
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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 |
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| Cream Truck Worker Registration Act.
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| Section 5. Intent. It is the intent of the General Assembly |
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| to
ensure that
individuals who are employed as workers upon an |
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| ice cream truck operating in the State of Illinois be persons |
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| 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 |
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| defined in this Act, must apply for a
registration card from |
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| the State
of Illinois.
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| Section 10. Definitions. As used in this Act:
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| "Department" means the Department of Financial and |
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| Professional Regulation. |
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| "Ice cream truck" means a motor vehicle engaged in the |
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| curbside vending or sale of frozen or refrigerated desserts, |
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| confections, or novelties commonly known as ice cream or |
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| prepackaged candies, prepackaged snack foods, or soft drinks, |
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| primarily intended for the sale to children under 12 years of |
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| age. |
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| "Ice cream truck worker" means any individual employed as a |
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| worker upon an ice cream truck, including the driver of an ice |
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| cream truck.
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| Section 15. Ice Cream Truck Worker Identification Card. |
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| Subject to annual appropriation to the Department for costs |
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| incurred under this Act, beginning January 1, 2007, every ice |
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| cream truck worker must
apply for an Ice Cream Truck Worker
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| Identification Card. The person shall
apply to the Department |
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| on
forms provided by the Department. There shall be no cost for |
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HB4457 Engrossed |
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LRB094 15744 RAS 50957 b |
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| application for or
issuance of an Ice Cream Truck Worker
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| Identification Card. The applicant may work as an ice cream |
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| truck worker pending issuance of an Ice Cream Truck Worker |
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| Identification Card. If the Department denies the application, |
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| the applicant may
not be employed as an ice cream truck worker |
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| 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 |
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| application is denied,
the Department shall send a
notice of |
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| denial to the applicant. The Department shall send a duplicate |
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| copy
of any card issued and any
notice of denial to the ice |
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| cream truck employer listed on the identification card
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| application. The Department shall
establish a process for |
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| appeal and administrative review of any application
denial.
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| Section 20. Ice Cream Truck Worker Identification Card |
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| application. The Department
shall provide application forms |
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| for
persons applying for an Ice Cream Truck Worker |
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| 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 |
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| employer.
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| Section 25. Criminal history records check. The Department |
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| shall require that each applicant for an Ice Cream Truck Worker |
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| Identification Card must, as a condition of initial employment, |
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| submit his or her fingerprints to the Department of State |
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| Police in the form and manner prescribed by the Department of |
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| State Police. These fingerprints shall be checked against the |
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| fingerprint records now and hereafter filed in the Department |
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| of State Police criminal history records databases and the |
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| Federal Bureau of Investigation criminal history records |
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| databases. The Department of State Police shall provide |
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| information concerning any criminal charges and their |
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HB4457 Engrossed |
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LRB094 15744 RAS 50957 b |
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| disposition, now and hereafter filed, against an applicant to |
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| the Department. Applicants who have completed the |
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| fingerprinting process under this Section shall not be |
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| subjected to the fingerprinting process subsequent to |
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| obtaining an Ice Cream Truck Worker Identification Card. The |
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| ice cream truck employer of each applicant is solely |
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| responsible for payment of any fee charged by the Department of |
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| State Police for conducting the criminal history records check, |
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| which shall not exceed the cost of the inquiry.
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| Section 30. Persons prohibited from obtaining Ice Cream |
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| Truck Worker Identification Card. An application for an Ice |
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| Cream Truck Worker Identification Card shall be denied if the |
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| applicant (i) has ever been convicted of any offense set forth |
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| in Article 11 of the Criminal Code of 1961, (ii) is a |
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| registered sex offender as defined in the Sex Offender |
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| Registration Act, or (iii) has ever been convicted of any |
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| offense set forth in Article 9 of the Criminal Code of 1961.
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| Section 35. Ice cream truck worker requirements. Each ice |
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| cream truck worker, in
addition to applying for an Ice Cream |
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| 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 |
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| 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 |
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| as an ice cream truck worker; and
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| (5) be
lawfully able to work in Illinois and, if
not a |
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| United States citizen, be currently permitted to work by |
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| the U.S. Citizenship and Immigration Services.
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| Section 40. Responsibility of ice cream truck owner for |
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| failure of employee to
comply with this Act. An ice cream truck |
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| owner
shall not be responsible for any information submitted by |
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HB4457 Engrossed |
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LRB094 15744 RAS 50957 b |
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| an employee or for
the failure of an employee to
apply or |
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| qualify for an Ice Cream Truck Worker Identification Card. An |
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| ice cream truck owner
shall not be liable to an
employee for |
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| any of the requirements imposed by this Act.
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| Section 45. Copies of Ice Cream Truck Worker Identification |
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| Cards for municipalities and counties. An ice cream truck |
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| owner, upon the request of the municipality or county within |
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| which the ice cream truck is to operate must provide copies of |
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| all Ice Cream Truck Worker Identification Cards for
employees |
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| who will work upon the ice cream truck. The municipality or |
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| county must request copies of Ice Cream Truck Worker
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| Identification Cards at least 14 days before
the ice cream |
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| truck is to begin operating within the municipality or county. |
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| If the ice cream truck owner has provided
copies of Ice Cream |
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| Truck Worker
Identification Cards and a permit is necessary for |
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| lawful operation of the ice cream truck, the issuance of a |
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| permit may not be delayed or denied on
the basis that an ice |
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| cream truck owner has
failed to provide the name, address, or |
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| background of or any other information
related to ice cream |
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| truck workers.
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| Section 50. Penalties. Any person who knowingly violates |
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| any provision of
this
Act is guilty of a Class A
misdemeanor.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law. |