Bill Text: IL SB0053 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB0053 Detail]

Download: Illinois-2011-SB0053-Amended.html

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Sen. Ira I. Silverstein

Filed: 4/4/2011

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AMENDMENT TO SENATE BILL 53
AMENDMENT NO. ______. Amend Senate Bill 53 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Ice
Cream Truck Worker Registration Act.
Section 5. Intent. It is the intent of the General Assembly
to ensure that individuals who are employed as workers upon an
ice cream truck operating in the State of Illinois be persons
of good character and not pose a threat or danger to patrons by
establishing a process whereby ice cream truck workers, as
defined in this Act, must apply for a registration card from
the State of Illinois.
Section 10. Definitions. As used in this Act:
"Department" means the Department of Financial and
Professional Regulation.

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"Ice cream truck" means a motor vehicle engaged in the
curbside vending or sale of frozen or refrigerated desserts,
confections, or novelties commonly known as ice cream or
prepackaged candies, prepackaged snack foods, or soft drinks,
primarily intended for the sale to children under 12 years of
age.
"Ice cream truck worker" means any individual employed as a
worker upon an ice cream truck, including the driver of an ice
cream truck.
Section 15. Ice Cream Truck Worker Identification Card.
Subject to annual appropriation to the Department for costs
incurred under this Act, beginning January 1, 2012, every ice
cream truck worker must apply for an Ice Cream Truck Worker
Identification Card. The person shall apply to the Department
on forms provided by the Department. There shall be no cost for
application for or issuance of an Ice Cream Truck Worker
Identification Card. The applicant may work as an ice cream
truck worker pending issuance of an Ice Cream Truck Worker
Identification Card. If the Department denies the application,
the applicant may not be employed as an ice cream truck worker
in the State of Illinois. If the application is approved, the
Department shall send the card to the applicant. If the
application is denied, the Department shall send a notice of
denial to the applicant. The Department shall send a duplicate
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
application. The Department shall establish a process for
appeal and administrative review of any application denial.
Section 20. Ice Cream Truck Worker Identification Card
application. The Department shall provide application forms
for persons applying for an Ice Cream Truck Worker
Identification Card. The form shall request only the following
information:
(1) name;
(2) address;
(3) date of birth; and
(4) name and address of current ice cream truck
employer.
Section 25. Criminal history records check. An applicant
for an Ice Cream Truck Worker Identification Card must, as a
condition of initial employment, submit his or her fingerprints
to the Department in the form and manner prescribed by the
Department. Each applicant is solely responsible for payment of
any fee charged by the Department for conducting the criminal
history records check, which shall not exceed the cost of the
inquiry. Any ice cream truck worker is required as a condition
of employment, business ownership, or licensing, to undergo a
Department of State Police and Federal Bureau of Investigation
fingerprint based criminal history records check. The

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Department of State Police and the Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint based
criminal history records check, records of conviction, until
expunged, to the Department. The Department of State Police
shall charge a fee for conducting the criminal history records
check, which fee shall be deposited in the State Police
Services Fund and shall not exceed the cost of inquiry. The ice
cream truck worker shall be required to pay all fees associated
with conducting the criminal history records check as well as
any other application fees as established by rule, including,
but not limited to, the fee established by the Department of
State Police and the Federal Bureau of Investigation to process
fingerprint based criminal history records check. No one may
sell ice cream from a truck or mobile push device until the
results of the background check have been returned and a
fitness determination has been made by the Department.
Section 30. Persons prohibited from obtaining Ice Cream
Truck Worker Identification Card. An application for an Ice
Cream Truck Worker Identification Card shall be denied if the
applicant (i) has ever been convicted of any offense set forth
in Article 11 of the Criminal Code of 1961, (ii) is a
registered sex offender as defined in the Sex Offender
Registration Act, or (iii) has ever been convicted of any
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
cream truck worker, in addition to applying for an Ice Cream
Truck Worker Identification Card, must:
(1) be at least 16 years of age;
(2) have completed any employment application required
by the ice cream truck owner;
(3) be in possession of a valid driver's license;
(4) if required by the ice cream truck owner, wear a
standard operator's uniform that identifies the individual
as an ice cream truck worker; and
(5) be lawfully able to work in Illinois and, if not a
United States citizen, be currently permitted to work by
the U.S. Citizenship and Immigration Services.
Section 40. Responsibility of ice cream truck owner for
failure of employee to comply with this Act. An ice cream truck
owner shall not be responsible for any information submitted by
an employee or for the failure of an employee to apply or
qualify for an Ice Cream Truck Worker Identification Card. An
ice cream truck owner shall not be liable to an employee for
any of the requirements imposed by this Act.
Section 45. Copies of Ice Cream Truck Worker Identification
Cards for municipalities and counties. 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

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all Ice Cream Truck Worker Identification Cards for employees
who will work upon the ice cream truck. The municipality or
county must request copies of Ice Cream Truck Worker
Identification Cards at least 14 days before the ice cream
truck is to begin operating within the municipality or county.
If the ice cream truck owner has provided copies of Ice Cream
Truck Worker Identification Cards and a permit is necessary for
lawful operation of the ice cream truck, the issuance of a
permit may not be delayed or denied on the basis that an ice
cream truck owner has failed to provide the name, address, or
background of or any other information related to ice cream
truck workers.
Section 50. Penalties. Any person who knowingly violates
any provision of this Act is guilty of a Class A misdemeanor.
Section 99. Effective date. This Act takes effect upon
becoming law.".