Sen. Kimberly A. Lightford
Filed: 5/6/2009
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1 | AMENDMENT TO HOUSE BILL 3874
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2 | AMENDMENT NO. ______. Amend House Bill 3874 on page 1, by | ||||||
3 | replacing line 6 with the following: | ||||||
4 | "amended by changing Sections 5-10, 20-10, 20-20, 35-30, and | ||||||
5 | 50-10 as follows:"; and | ||||||
6 | on page 1, immediately below line 6, by inserting the | ||||||
7 | following:
| ||||||
8 | "(225 ILCS 447/5-10)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
10 | Sec. 5-10. Definitions. As used in this Act:
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11 | "Advertisement" means any printed material that is | ||||||
12 | published in a phone book,
newspaper, magazine, pamphlet, | ||||||
13 | newsletter, or other similar type of publication
that is
| ||||||
14 | intended to either attract business or merely provide contact | ||||||
15 | information to
the public for
an agency or licensee. | ||||||
16 | Advertisement shall include any material disseminated by
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| |||||||
1 | printed or electronic means or media, but shall not include a | ||||||
2 | licensee's or an
agency's
letterhead, business cards, or other | ||||||
3 | stationery used in routine business
correspondence or
| ||||||
4 | customary name, address, and number type listings in a | ||||||
5 | telephone directory.
| ||||||
6 | "Alarm system" means any system, including an electronic | ||||||
7 | access control
system, a
surveillance video system, a security | ||||||
8 | video system, a burglar alarm system, a
fire alarm
system, an | ||||||
9 | emergency communication system, mass notification system, or | ||||||
10 | any other electronic system , that activates an audible, | ||||||
11 | visible,
remote, or
recorded signal that is designed for the | ||||||
12 | protection or detection of intrusion,
entry, theft,
fire, | ||||||
13 | vandalism, escape, or trespass , or other electronic systems | ||||||
14 | designed for the protection of life by indicating the existence | ||||||
15 | of an emergency situation .
| ||||||
16 | "Armed employee" means a licensee or registered person who | ||||||
17 | is employed by an
agency licensed or an armed proprietary | ||||||
18 | security force registered under this
Act who carries a weapon | ||||||
19 | while engaged in the
performance
of official duties within the | ||||||
20 | course and scope of his or her employment during
the hours
and | ||||||
21 | times the employee is scheduled to work or is commuting between | ||||||
22 | his or her
home or
place of employment, provided that commuting | ||||||
23 | is accomplished within one hour
from
departure from home or | ||||||
24 | place of employment.
| ||||||
25 | "Armed proprietary security force" means a security force | ||||||
26 | made up of 5 or
more
armed individuals employed by a private, |
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| |||||||
1 | commercial, or industrial operation or
one or
more armed | ||||||
2 | individuals employed by a financial institution as security | ||||||
3 | officers
for the
protection of persons or property.
| ||||||
4 | "Board" means the Private Detective, Private Alarm, | ||||||
5 | Private Security, Fingerprint Vendor, and
Locksmith Board.
| ||||||
6 | "Branch office" means a business location removed from the | ||||||
7 | place of business
for which an agency license has been issued, | ||||||
8 | including, but not limited to,
locations where active employee | ||||||
9 | records that are required to be maintained
under this Act are | ||||||
10 | kept, where prospective new
employees
are processed, or where | ||||||
11 | members of the public are invited in to transact
business. A
| ||||||
12 | branch office does not include an office or other facility | ||||||
13 | located on the
property of an
existing client that is utilized | ||||||
14 | solely for the benefit of that client and is
not owned or
| ||||||
15 | leased by the agency.
| ||||||
16 | "Canine handler" means a person who uses or handles a | ||||||
17 | trained dog
to protect persons or property or
to conduct | ||||||
18 | investigations. | ||||||
19 | "Canine handler authorization card" means a card issued by | ||||||
20 | the Department that authorizes
the holder to use or handle a | ||||||
21 | trained dog to protect persons or property or to conduct
| ||||||
22 | investigations during the performance of his or her duties as | ||||||
23 | specified in this Act. | ||||||
24 | "Canine trainer" means a person who acts as a dog trainer | ||||||
25 | for the purpose of training dogs to protect
persons or property | ||||||
26 | or to conduct investigations. |
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| |||||||
1 | "Canine trainer authorization card" means a card issued by | ||||||
2 | the Department that authorizes the
holder to train a dog to | ||||||
3 | protect persons or property or to conduct investigations during | ||||||
4 | the
performance of his or her duties as specified in this Act. | ||||||
5 | "Canine training facility" means a facility operated by a | ||||||
6 | licensed private detective agency or private
security agency | ||||||
7 | wherein dogs are trained for the purposes of protecting persons | ||||||
8 | or property or to
conduct investigations.
| ||||||
9 | "Corporation" means an artificial person or legal entity | ||||||
10 | created by or under
the
authority of the laws of a state, | ||||||
11 | including without limitation a corporation,
limited liability | ||||||
12 | company, or any other legal entity.
| ||||||
13 | "Department" means the Department of Financial and
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14 | Professional Regulation.
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15 | "Emergency communication system" means any system that | ||||||
16 | communicates information about emergencies, including but not | ||||||
17 | limited to fire, terrorist activities, shootings, other | ||||||
18 | dangerous situations, accidents, and natural disasters. | ||||||
19 | "Employee" means a person who works for a person or agency | ||||||
20 | that has the
right to
control the details of the work performed | ||||||
21 | and is not dependent upon whether or
not
federal or state | ||||||
22 | payroll taxes are withheld.
| ||||||
23 | "Fingerprint vendor" means a person that offers, | ||||||
24 | advertises, or provides services to fingerprint individuals, | ||||||
25 | through electronic or other means, for the purpose of providing | ||||||
26 | fingerprint images and associated demographic data to the |
| |||||||
| |||||||
1 | Department of State Police for processing fingerprint based | ||||||
2 | criminal history record information inquiries. | ||||||
3 | "Fingerprint vendor agency" means a person, firm, | ||||||
4 | corporation, or other legal entity that engages in the | ||||||
5 | fingerprint vendor business and employs, in addition to the | ||||||
6 | fingerprint vendor licensee-in-charge, at least one other | ||||||
7 | person in conducting that business. | ||||||
8 | "Fingerprint vendor licensee-in-charge" means a person who | ||||||
9 | has been designated by a fingerprint vendor agency to be the | ||||||
10 | licensee-in-charge of an agency who is a full-time management | ||||||
11 | employee or owner who assumes sole responsibility for | ||||||
12 | maintaining all records required by this Act and who assumes | ||||||
13 | sole responsibility for assuring the licensed agency's | ||||||
14 | compliance with its responsibilities as stated in this Act. The | ||||||
15 | Department shall adopt rules mandating licensee-in-charge | ||||||
16 | participation in agency affairs.
| ||||||
17 | "Fire alarm system" means any system that is activated by | ||||||
18 | an automatic or
manual device in the detection of smoke, heat, | ||||||
19 | or fire that activates an
audible, visible, or
remote signal | ||||||
20 | requiring a response.
| ||||||
21 | "Firearm control card" means a card issued by the | ||||||
22 | Department that
authorizes
the holder, who has complied with | ||||||
23 | the training and other requirements of this Act, to carry a | ||||||
24 | weapon during the performance of his or her duties as
specified | ||||||
25 | in
this Act.
| ||||||
26 | "Firm" means an unincorporated business entity, including |
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| |||||||
1 | but not limited to
proprietorships and partnerships.
| ||||||
2 | "Locksmith" means
a person who engages in a business or | ||||||
3 | holds himself out to the public as
providing a service that | ||||||
4 | includes, but is not limited to, the servicing,
installing, | ||||||
5 | originating first keys, re-coding, repairing, maintaining,
| ||||||
6 | manipulating, or bypassing of a mechanical or electronic | ||||||
7 | locking device, access
control or video surveillance system at | ||||||
8 | premises, vehicles, safes, vaults, safe
deposit boxes, or | ||||||
9 | automatic teller machines.
| ||||||
10 | "Locksmith agency" means a person, firm, corporation, or | ||||||
11 | other legal entity
that engages
in the
locksmith business and | ||||||
12 | employs, in addition to the locksmith
licensee-in-charge, at | ||||||
13 | least
one other person in conducting such business.
| ||||||
14 | "Locksmith licensee-in-charge" means a person who has been | ||||||
15 | designated by
agency to be the licensee-in-charge of an agency,
| ||||||
16 | who is a
full-time management employee or owner who assumes | ||||||
17 | sole responsibility
for
maintaining all records required by | ||||||
18 | this Act, and who assumes sole
responsibility for
assuring the | ||||||
19 | licensed agency's compliance with its responsibilities as | ||||||
20 | stated
in this Act. The Department shall adopt rules mandating | ||||||
21 | licensee-in-charge
participation in agency affairs.
| ||||||
22 | "Mass notification system" means any system that is used to | ||||||
23 | provide information and instructions to people in a building or | ||||||
24 | other space using voice communications, including visible | ||||||
25 | signals, text, graphics, tactile, or other communication | ||||||
26 | methods. |
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| |||||||
1 | "Peace officer" or "police officer" means a person who, by | ||||||
2 | virtue of office
or
public
employment, is vested by law with a | ||||||
3 | duty to maintain public order or to make
arrests for
offenses, | ||||||
4 | whether that duty extends to all offenses or is limited to | ||||||
5 | specific
offenses.
Officers, agents, or employees of the | ||||||
6 | federal government commissioned by
federal
statute
to make | ||||||
7 | arrests for violations of federal laws are considered peace | ||||||
8 | officers.
| ||||||
9 | "Permanent employee registration card" means a card issued | ||||||
10 | by the Department
to an
individual who has applied to the | ||||||
11 | Department and meets the requirements for
employment by a | ||||||
12 | licensed agency under this Act.
| ||||||
13 | "Person" means a natural person.
| ||||||
14 | "Private alarm contractor" means a person who engages in a | ||||||
15 | business that
individually or through others undertakes, | ||||||
16 | offers to undertake, purports to
have the
capacity to | ||||||
17 | undertake, or submits a bid to sell, install, design, monitor, | ||||||
18 | maintain,
alter, repair,
replace, or service alarm and other | ||||||
19 | security-related systems or parts thereof,
including fire
| ||||||
20 | alarm systems, at protected premises or premises to be | ||||||
21 | protected or responds to
alarm
systems at a protected premises | ||||||
22 | on an emergency basis and not as a full-time
security officer. | ||||||
23 | "Private alarm contractor" does not include a person, firm,
or
| ||||||
24 | corporation that
manufactures or sells alarm systems
only from | ||||||
25 | its place of business and does not sell, install, monitor, | ||||||
26 | maintain,
alter, repair, replace, service, or respond to alarm |
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| |||||||
1 | systems at protected
premises or premises to be protected.
| ||||||
2 | "Private alarm contractor agency" means a person, | ||||||
3 | corporation, or other
entity
that
engages in the private alarm | ||||||
4 | contracting business and employs, in addition to
the private
| ||||||
5 | alarm contractor-in-charge, at least one other person in | ||||||
6 | conducting such
business.
| ||||||
7 | "Private alarm contractor licensee-in-charge" means a | ||||||
8 | person who has been
designated by an
agency to be the | ||||||
9 | licensee-in-charge of an agency, who is a full-time management
| ||||||
10 | employee or owner who
assumes sole
responsibility for | ||||||
11 | maintaining all records required by this Act, and who
assumes
| ||||||
12 | sole
responsibility for assuring the licensed agency's | ||||||
13 | compliance with its
responsibilities as
stated in this Act.
The | ||||||
14 | Department shall adopt rules mandating licensee-in-charge | ||||||
15 | participation in
agency affairs.
| ||||||
16 | "Private detective" means any person who by any means, | ||||||
17 | including, but not
limited to, manual, canine odor detection,
| ||||||
18 | or electronic methods, engages in the business of, accepts
| ||||||
19 | employment
to furnish, or agrees to make or makes | ||||||
20 | investigations for a fee or other
consideration to
obtain | ||||||
21 | information relating to:
| ||||||
22 | (1) Crimes or wrongs done or threatened against the | ||||||
23 | United States, any
state or
territory of the United States, | ||||||
24 | or any local government of a state or
territory.
| ||||||
25 | (2) The identity, habits, conduct, business | ||||||
26 | occupation, honesty,
integrity,
credibility, knowledge, |
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| |||||||
1 | trustworthiness, efficiency, loyalty, activity,
movements, | ||||||
2 | whereabouts, affiliations, associations, transactions, | ||||||
3 | acts,
reputation, or character of any person, firm, or | ||||||
4 | other entity by any means,
manual or electronic.
| ||||||
5 | (3) The location, disposition, or recovery of lost or | ||||||
6 | stolen property.
| ||||||
7 | (4) The cause, origin, or responsibility for fires, | ||||||
8 | accidents, or injuries
to
individuals or real or personal | ||||||
9 | property.
| ||||||
10 | (5) The truth or falsity of any statement or | ||||||
11 | representation.
| ||||||
12 | (6) Securing evidence to be used before any court, | ||||||
13 | board, or investigating
body.
| ||||||
14 | (7) The protection of individuals from bodily harm or | ||||||
15 | death (bodyguard
functions).
| ||||||
16 | (8) Service of process in criminal and civil | ||||||
17 | proceedings without court
order.
| ||||||
18 | "Private detective agency" means a person, firm, | ||||||
19 | corporation, or other legal
entity that engages
in the
private | ||||||
20 | detective business and employs, in addition to the | ||||||
21 | licensee-in-charge,
one or more
persons in conducting such | ||||||
22 | business.
| ||||||
23 | "Private detective licensee-in-charge" means a person who | ||||||
24 | has been designated
by an agency
to be the licensee-in-charge | ||||||
25 | of an
agency,
who is a full-time management employee or owner
| ||||||
26 | who assumes sole
responsibility
for
maintaining all records |
| |||||||
| |||||||
1 | required by this Act, and who assumes sole
responsibility
for | ||||||
2 | assuring
the licensed agency's compliance with its | ||||||
3 | responsibilities as stated in this
Act. The Department shall | ||||||
4 | adopt rules mandating licensee-in-charge
participation in | ||||||
5 | agency affairs.
| ||||||
6 | "Private security contractor" means a person who engages in | ||||||
7 | the business of
providing a private security officer, watchman, | ||||||
8 | patrol, guard dog, canine odor detection, or a similar service | ||||||
9 | by
any other
title or name on a contractual basis for another | ||||||
10 | person, firm, corporation, or
other entity
for a fee or other | ||||||
11 | consideration and performing one or more of the following
| ||||||
12 | functions:
| ||||||
13 | (1) The prevention or detection of intrusion, entry, | ||||||
14 | theft, vandalism,
abuse, fire,
or trespass on private or | ||||||
15 | governmental property.
| ||||||
16 | (2) The prevention, observation, or detection of any | ||||||
17 | unauthorized activity
on
private or governmental property.
| ||||||
18 | (3) The protection of persons authorized to be on the | ||||||
19 | premises of the
person,
firm, or other entity for which the | ||||||
20 | security contractor contractually provides
security | ||||||
21 | services.
| ||||||
22 | (4) The prevention of the misappropriation or | ||||||
23 | concealment of goods, money,
bonds, stocks, notes, | ||||||
24 | documents, or papers.
| ||||||
25 | (5) The control, regulation, or direction of the | ||||||
26 | movement of the public
for
the
time specifically required |
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| |||||||
1 | for the protection of property owned or controlled
by the | ||||||
2 | client.
| ||||||
3 | (6) The protection of individuals from bodily harm or | ||||||
4 | death (bodyguard
functions).
| ||||||
5 | "Private security contractor agency" means a person, firm, | ||||||
6 | corporation, or
other legal entity that
engages in
the private | ||||||
7 | security contractor business and that employs, in addition to | ||||||
8 | the
licensee-in-charge, one or more persons in conducting such | ||||||
9 | business.
| ||||||
10 | "Private security contractor licensee-in-charge" means a | ||||||
11 | person who has been
designated by an agency to be the
| ||||||
12 | licensee-in-charge of an
agency, who is a full-time management | ||||||
13 | employee or owner
who assumes sole responsibility for | ||||||
14 | maintaining all records required by this
Act, and who
assumes | ||||||
15 | sole responsibility for assuring the licensed agency's | ||||||
16 | compliance with
its
responsibilities as
stated in this Act. The | ||||||
17 | Department shall adopt rules mandating
licensee-in-charge | ||||||
18 | participation in agency affairs.
| ||||||
19 | "Public member" means a person who is not a licensee or | ||||||
20 | related to a
licensee, or who is not an employer or employee of | ||||||
21 | a licensee. The term
"related to" shall be determined by the | ||||||
22 | rules of the Department.
| ||||||
23 | "Secretary" means the Secretary of Financial and | ||||||
24 | Professional Regulation.
| ||||||
25 | (Source: P.A. 95-613, eff. 9-11-07.)"; and
|
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| |||||||
1 | on page 3, immediately below line 25, by inserting the | ||||||
2 | following:
| ||||||
3 | "(225 ILCS 447/20-20)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
5 | Sec. 20-20. Training; private alarm contractor and
| ||||||
6 | employees. | ||||||
7 | (a) Registered employees of the private alarm contractor
| ||||||
8 | agency who carry a firearm and respond to alarm systems shall
| ||||||
9 | complete, within 30 days of their employment, a minimum of 20
| ||||||
10 | hours of classroom training provided by a qualified instructor
| ||||||
11 | and shall include all of the following subjects:
| ||||||
12 | (1) The law regarding arrest and search and seizure
as | ||||||
13 | it applies to the private alarm industry.
| ||||||
14 | (2) Civil and criminal liability for acts related
to | ||||||
15 | the private alarm industry.
| ||||||
16 | (3) The use of force, including but not limited to
the | ||||||
17 | use of nonlethal force (i.e., disabling spray, baton,
| ||||||
18 | stungun, or similar weapon).
| ||||||
19 | (4) Arrest and control techniques.
| ||||||
20 | (5) The offenses under the Criminal Code of 1961
that | ||||||
21 | are directly related to the protection of persons and
| ||||||
22 | property.
| ||||||
23 | (6) The law on private alarm forces and on
reporting to | ||||||
24 | law enforcement agencies.
| ||||||
25 | (7) Fire prevention, fire equipment, and fire
safety.
|
| |||||||
| |||||||
1 | (8) Civil rights and public relations.
| ||||||
2 | (9) The identification of terrorists, acts of | ||||||
3 | terrorism, and terrorist organizations, as defined by | ||||||
4 | federal and State statutes.
| ||||||
5 | Pursuant to directives set forth by the U.S. Department of | ||||||
6 | Homeland Security and the provisions set forth by the National | ||||||
7 | Fire Protection Association in the National Fire Alarm Code and | ||||||
8 | the Life Safety Code, training may include the installation, | ||||||
9 | repair, and maintenance of emergency communication systems and | ||||||
10 | mass notification systems. | ||||||
11 | (b) All other employees of a private alarm contractor
| ||||||
12 | agency shall complete a minimum of 20 hours of training
| ||||||
13 | provided by a qualified instructor within 30 days of their
| ||||||
14 | employment. The substance of the training shall be related to
| ||||||
15 | the work performed by the registered employee.
| ||||||
16 | (c) It is the responsibility of the employer to certify,
on | ||||||
17 | forms provided by the Department, that the employee
has | ||||||
18 | successfully completed the training. The form shall be a
| ||||||
19 | permanent record of training completed by the employee and
| ||||||
20 | shall be placed in the employee's file with the employer for
| ||||||
21 | the term the employee is retained by the
employer. A private | ||||||
22 | alarm contractor agency may place a
notarized copy of the | ||||||
23 | Department form in lieu of the original
into the permanent | ||||||
24 | employee registration card file. The
form shall be returned to | ||||||
25 | the employee when his
or her employment is terminated. Failure | ||||||
26 | to return the
form to the employee is grounds for discipline. |
| |||||||
| |||||||
1 | The employee shall not be
required to
complete the training | ||||||
2 | required under this Act
once the employee has been issued a | ||||||
3 | form.
| ||||||
4 | (d) Nothing in this Act prevents any employer from
| ||||||
5 | providing or requiring additional training beyond the required
| ||||||
6 | 20 hours that the employer feels is necessary and appropriate
| ||||||
7 | for competent job performance.
| ||||||
8 | (e) Any certification of completion of the 20-hour
basic | ||||||
9 | training issued under the Private Detective, Private
Alarm, | ||||||
10 | Private Security, and Locksmith Act of 1993 or any
prior Act | ||||||
11 | shall be accepted as proof of training under this
Act.
| ||||||
12 | (Source: P.A. 95-613, eff. 9-11-07.)
| ||||||
13 | (225 ILCS 447/35-30)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
15 | Sec. 35-30. Employee requirements. All employees of a
| ||||||
16 | licensed agency, other than those exempted, shall apply for a
| ||||||
17 | permanent employee registration card. The holder of an agency
| ||||||
18 | license issued under this Act, known in this Section as
| ||||||
19 | "employer", may employ in the conduct of his or her business
| ||||||
20 | employees under the following provisions:
| ||||||
21 | (a) No person shall be issued a permanent employee
| ||||||
22 | registration card who:
| ||||||
23 | (1) Is younger than 18 years of age.
| ||||||
24 | (2) Is younger than 21 years of age if the
services | ||||||
25 | will include being armed.
|
| |||||||
| |||||||
1 | (3) Has been determined by the Department to
be unfit | ||||||
2 | by reason of conviction of an offense in this or
another | ||||||
3 | state, other than a traffic offense. The Department
shall | ||||||
4 | adopt rules for making those determinations that shall
| ||||||
5 | afford the applicant due process of law.
| ||||||
6 | (4) Has had a license or permanent employee
| ||||||
7 | registration card denied, suspended, or revoked under this | ||||||
8 | Act (i) within one
year before the date the
person's | ||||||
9 | application for permanent employee registration card
is | ||||||
10 | received by the Department; and (ii) that refusal, denial,
| ||||||
11 | suspension, or revocation was based on any provision of | ||||||
12 | this
Act other than Section 40-50,
item (6) or (8) of | ||||||
13 | subsection (a) of Section 15-10, subsection (b) of Section
| ||||||
14 | 15-10, item (6) or (8) of subsection (a) of Section 20-10, | ||||||
15 | subsection (b) of
Section 20-10, item (6) or (8) of | ||||||
16 | subsection (a) of Section 25-10, subsection
(b) of Section | ||||||
17 | 25-10, item (7) of subsection (a) of Section 30-10,
| ||||||
18 | subsection (b) of Section 30-10, or Section 10-40.
| ||||||
19 | (5) Has been declared incompetent by any court
of | ||||||
20 | competent jurisdiction by reason of mental disease or
| ||||||
21 | defect and has not been restored.
| ||||||
22 | (6) Has been dishonorably discharged from the
armed | ||||||
23 | services of the United States.
| ||||||
24 | (b) No person may be employed by a private
detective | ||||||
25 | agency, private security contractor agency, private
alarm | ||||||
26 | contractor agency, fingerprint vendor agency, or locksmith |
| |||||||
| |||||||
1 | agency under this
Section until he or she has executed and | ||||||
2 | furnished to the
employer, on forms furnished by the | ||||||
3 | Department, a verified
statement to be known as "Employee's | ||||||
4 | Statement" setting forth:
| ||||||
5 | (1) The person's full name, age, and residence
address.
| ||||||
6 | (2) The business or occupation engaged in for
the 5 | ||||||
7 | years immediately before the date of the execution of
the | ||||||
8 | statement, the place where the business or occupation was
| ||||||
9 | engaged in, and the names of employers, if any.
| ||||||
10 | (3) That the person has not had a license or
employee | ||||||
11 | registration denied, revoked, or suspended under this
Act | ||||||
12 | (i) within one year before the date the person's | ||||||
13 | application
for permanent employee registration card is | ||||||
14 | received by the
Department; and (ii) that refusal, denial, | ||||||
15 | suspension, or
revocation was based on any provision of | ||||||
16 | this Act other than
Section 40-50,
item (6) or (8) of | ||||||
17 | subsection (a) of Section 15-10, subsection (b) of Section
| ||||||
18 | 15-10, item (6) or (8) of subsection (a) of Section 20-10, | ||||||
19 | subsection (b) of
Section 20-10, item (6) or (8) of | ||||||
20 | subsection (a) of Section 25-10, subsection
(b) of Section | ||||||
21 | 25-10, item (7) of subsection (a) of Section 30-10,
| ||||||
22 | subsection (b) of Section 30-10, or Section 10-40.
| ||||||
23 | (4) Any conviction of a felony or misdemeanor.
| ||||||
24 | (5) Any declaration of incompetence by a court
of | ||||||
25 | competent jurisdiction that has not been restored.
| ||||||
26 | (6) Any dishonorable discharge from the armed
services |
| |||||||
| |||||||
1 | of the United States.
| ||||||
2 | (7) Any other information as may be required by
any | ||||||
3 | rule of the Department to show the good character,
| ||||||
4 | competency, and integrity of the person executing the
| ||||||
5 | statement.
| ||||||
6 | (c) Each applicant for a permanent employee registration
| ||||||
7 | card shall have his or her fingerprints submitted to the
| ||||||
8 | Department of State Police in an electronic format that
| ||||||
9 | complies with the form and manner for requesting and
furnishing | ||||||
10 | criminal history record information as prescribed
by the | ||||||
11 | Department of State Police. These fingerprints shall
be checked | ||||||
12 | against the Department of State Police and Federal
Bureau of | ||||||
13 | Investigation criminal history record databases now
and | ||||||
14 | hereafter filed. The Department of State Police shall
charge | ||||||
15 | applicants a fee for conducting the criminal history
records | ||||||
16 | check, which shall be deposited in the State Police
Services | ||||||
17 | Fund and shall not exceed the actual cost of the
records check. | ||||||
18 | The Department of State Police shall furnish,
pursuant to | ||||||
19 | positive identification, records of Illinois
convictions to | ||||||
20 | the Department. The Department may require
applicants to pay a | ||||||
21 | separate fingerprinting fee, either to the
Department or | ||||||
22 | directly to the vendor. The Department, in
its discretion, may | ||||||
23 | allow an applicant who does not have
reasonable access to a | ||||||
24 | designated vendor to provide his or her
fingerprints in an | ||||||
25 | alternative manner. The
Department, in its discretion, may also | ||||||
26 | use other
procedures in performing or obtaining criminal |
| |||||||
| |||||||
1 | background
checks of applicants. Instead of submitting his or | ||||||
2 | her
fingerprints, an individual may submit proof that is
| ||||||
3 | satisfactory to the Department that an equivalent security
| ||||||
4 | clearance has been conducted. Also, an individual who has
| ||||||
5 | retired as a peace officer within 12 months of application may
| ||||||
6 | submit verification, on forms provided by the Department and
| ||||||
7 | signed by his or her employer, of his or her previous full-time | ||||||
8 | employment as a
peace officer.
| ||||||
9 | (d) The Department shall issue a permanent employee
| ||||||
10 | registration card, in a form the Department prescribes, to all
| ||||||
11 | qualified applicants.
The holder of a permanent employee | ||||||
12 | registration card shall
carry the card at all times while | ||||||
13 | actually engaged in the
performance of the duties of his or her | ||||||
14 | employment.
Expiration and requirements for renewal of | ||||||
15 | permanent employee
registration cards shall be established by | ||||||
16 | rule of the
Department. Possession of a permanent employee | ||||||
17 | registration
card does not in any way imply that the holder of | ||||||
18 | the card is
employed by an agency unless the permanent employee
| ||||||
19 | registration card is accompanied by the employee
| ||||||
20 | identification card required by subsection (f) of this
Section.
| ||||||
21 | (e) Each employer shall maintain a record of each
employee | ||||||
22 | that is accessible to the duly authorized
representatives of | ||||||
23 | the Department. The record shall contain
the following | ||||||
24 | information:
| ||||||
25 | (1) A photograph taken within 10 days of the date
that | ||||||
26 | the employee begins employment with the employer. The
|
| |||||||
| |||||||
1 | photograph shall be replaced with a current photograph | ||||||
2 | every 3
calendar years.
| ||||||
3 | (2) The Employee's Statement specified in
subsection | ||||||
4 | (b) of this Section.
| ||||||
5 | (3) All correspondence or documents relating to the
| ||||||
6 | character and integrity of the employee received by the
| ||||||
7 | employer from any official source or law enforcement | ||||||
8 | agency.
| ||||||
9 | (4) In the case of former employees, the employee
| ||||||
10 | identification card of that person issued under subsection | ||||||
11 | (f)
of this Section. Each employee record shall duly note | ||||||
12 | if the
employee is employed in an armed capacity. Armed | ||||||
13 | employee
files shall contain a copy of an active firearm | ||||||
14 | owner's
identification card and a copy of an active firearm
| ||||||
15 | control card. Each employer shall maintain a record for
| ||||||
16 | each armed employee of each instance in which the | ||||||
17 | employee's
weapon was discharged during the course of his | ||||||
18 | or her
professional duties or activities. The record shall | ||||||
19 | be
maintained on forms provided by the Department, a copy | ||||||
20 | of
which must be filed with the Department within 15 days | ||||||
21 | of an
instance. The record shall include the date and time | ||||||
22 | of the
occurrence, the circumstances involved in the | ||||||
23 | occurrence, and
any other information as the Department may | ||||||
24 | require. Failure
to provide this information to the | ||||||
25 | Department or failure to
maintain the record as a part of | ||||||
26 | each armed employee's
permanent file is grounds for |
| |||||||
| |||||||
1 | disciplinary action. The
Department, upon receipt of a | ||||||
2 | report, shall have the authority
to make any investigation | ||||||
3 | it considers appropriate into any
occurrence in which an | ||||||
4 | employee's weapon was discharged and to
take disciplinary | ||||||
5 | action as may be appropriate.
| ||||||
6 | (5) The Department may, by rule, prescribe further
| ||||||
7 | record requirements.
| ||||||
8 | (f) Every employer shall furnish an employee
| ||||||
9 | identification card to each of his or her employees. This
| ||||||
10 | employee identification card shall contain a recent photograph
| ||||||
11 | of the employee, the employee's name, the name and agency
| ||||||
12 | license number of the employer, the employee's personal
| ||||||
13 | description, the signature of the employer, the signature of
| ||||||
14 | that employee, the date of issuance, and an employee
| ||||||
15 | identification card number.
| ||||||
16 | (g) No employer may issue an employee identification
card | ||||||
17 | to any person who is not employed by the employer in
accordance | ||||||
18 | with this Section or falsely state or represent
that a person | ||||||
19 | is or has been in his or her employ. It is
unlawful for an | ||||||
20 | applicant for registered employment to file
with the Department | ||||||
21 | the fingerprints of a person other than
himself or herself.
| ||||||
22 | (h) Every employer shall obtain the identification card
of | ||||||
23 | every employee who terminates employment with him or her.
| ||||||
24 | (i) Every employer shall maintain a separate roster of
the | ||||||
25 | names of all employees currently working in an armed
capacity | ||||||
26 | and submit the roster to the Department on request.
|
| |||||||
| |||||||
1 | (j) No agency may employ any person to perform a
licensed | ||||||
2 | activity under this Act unless the person possesses a
valid | ||||||
3 | permanent employee registration card or a valid license
under | ||||||
4 | this Act, or is exempt pursuant to subsection (n).
| ||||||
5 | (k) Notwithstanding the provisions of subsection (j), an
| ||||||
6 | agency may employ a person in a temporary capacity if all of
| ||||||
7 | the following conditions are met:
| ||||||
8 | (1) The agency completes in its entirety and
submits to | ||||||
9 | the Department an application for a permanent
employee | ||||||
10 | registration card, including the required fingerprint
| ||||||
11 | receipt and fees.
| ||||||
12 | (2) The agency has verification from the Department
| ||||||
13 | that the applicant has no record of any criminal conviction
| ||||||
14 | pursuant to the criminal history check conducted by the
| ||||||
15 | Department of State Police. The agency shall maintain the
| ||||||
16 | verification of the results of the Department of State | ||||||
17 | Police
criminal history check as part of the employee | ||||||
18 | record as
required under subsection (e) of this Section.
| ||||||
19 | (3) The agency exercises due diligence to ensure
that | ||||||
20 | the person is qualified under the requirements of the Act
| ||||||
21 | to be issued a permanent employee registration card.
| ||||||
22 | (4) The agency maintains a separate roster of the
names | ||||||
23 | of all employees whose applications are currently
pending | ||||||
24 | with the Department and submits the roster to the
| ||||||
25 | Department on a monthly basis. Rosters are to be maintained
| ||||||
26 | by the agency for a period of at least 24 months.
|
| |||||||
| |||||||
1 | An agency may employ only a permanent employee applicant
| ||||||
2 | for which it either submitted a permanent employee application
| ||||||
3 | and all required forms and fees or it confirms with the
| ||||||
4 | Department that a permanent employee application and all
| ||||||
5 | required forms and fees have been submitted by another agency,
| ||||||
6 | licensee or the permanent employee and all other requirements
| ||||||
7 | of this Section are met.
| ||||||
8 | The Department shall have the authority to revoke,
without | ||||||
9 | a hearing, the temporary authority of an individual to
work | ||||||
10 | upon receipt of Federal Bureau of Investigation
fingerprint | ||||||
11 | data or a report of another official authority
indicating a | ||||||
12 | criminal conviction. If the Department has not
received a | ||||||
13 | temporary employee's Federal Bureau of
Investigation | ||||||
14 | fingerprint data within 120 days of the date the
Department | ||||||
15 | received the Department of State Police fingerprint
data, the | ||||||
16 | Department may, at its discretion, revoke the
employee's | ||||||
17 | temporary authority to work with 15 days written
notice to the | ||||||
18 | individual and the employing agency.
| ||||||
19 | An agency may not employ a person in a temporary capacity
| ||||||
20 | if it knows or reasonably should have known that the person
has | ||||||
21 | been convicted of a crime under the laws of this State,
has | ||||||
22 | been convicted in another state of any crime that is a
crime | ||||||
23 | under the laws of this State, has been convicted of any
crime | ||||||
24 | in a federal court, or has been posted as an unapproved
| ||||||
25 | applicant by the Department. Notice by the Department to the
| ||||||
26 | agency, via certified mail, personal delivery, electronic
|
| |||||||
| |||||||
1 | mail, or posting on the Department's Internet site accessible
| ||||||
2 | to the agency that the person has been convicted of a crime
| ||||||
3 | shall be deemed constructive knowledge of the conviction on
the | ||||||
4 | part of the agency. The Department may adopt rules to
implement | ||||||
5 | this
subsection (k).
| ||||||
6 | (l) No person may be employed under this Section in any
| ||||||
7 | capacity if:
| ||||||
8 | (1) the person, while so employed, is being paid by
the | ||||||
9 | United States or any political subdivision for the time so
| ||||||
10 | employed in addition to any payments he or she may receive
| ||||||
11 | from the employer; or
| ||||||
12 | (2) the person wears any portion of his or her
official | ||||||
13 | uniform, emblem of authority, or equipment while so
| ||||||
14 | employed.
| ||||||
15 | (m) If information is discovered affecting the
| ||||||
16 | registration of a person whose fingerprints were submitted
| ||||||
17 | under this Section, the Department shall so notify the agency
| ||||||
18 | that submitted the fingerprints on behalf of that person.
| ||||||
19 | (n) Peace officers shall be exempt from the requirements
of | ||||||
20 | this Section relating to permanent employee registration
| ||||||
21 | cards. The agency shall remain responsible for any peace
| ||||||
22 | officer employed under this exemption, regardless of whether
| ||||||
23 | the peace officer is compensated as an employee or as an
| ||||||
24 | independent contractor and as further defined by rule.
| ||||||
25 | (o) Persons who have no access to confidential or
security | ||||||
26 | information , who do not go to a client's or prospective |
| |||||||
| |||||||
1 | client's residence or place of business, and who otherwise do | ||||||
2 | not provide
traditional security services are exempt from | ||||||
3 | employee
registration. Examples of exempt employees include, | ||||||
4 | but are
not limited to, employees working in the capacity of | ||||||
5 | ushers,
directors, ticket takers, cashiers, drivers, and | ||||||
6 | reception
personnel. Confidential or security information is | ||||||
7 | that which
pertains to employee files, scheduling, client | ||||||
8 | contracts, or
technical security and alarm data.
| ||||||
9 | (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07.)
| ||||||
10 | (225 ILCS 447/50-10)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
12 | Sec. 50-10. The Private Detective,
Private Alarm, Private | ||||||
13 | Security, Fingerprint Vendor, and Locksmith Board. | ||||||
14 | (a) The Private Detective, Private
Alarm, Private | ||||||
15 | Security, Fingerprint Vendor, and Locksmith Board shall | ||||||
16 | consist of
13 members appointed by the Director and comprised | ||||||
17 | of 2
licensed private detectives, 3 licensed private security
| ||||||
18 | contractors, one licensed private detective or licensed | ||||||
19 | private security contractor who provides canine odor detection | ||||||
20 | services, 2 licensed private alarm contractors, one licensed | ||||||
21 | fingerprint vendor, 2 licensed
locksmiths, one public member | ||||||
22 | who is not licensed or
registered under this Act and who has no | ||||||
23 | connection with a
business licensed under this Act, and one | ||||||
24 | member representing
the employees registered under this Act. | ||||||
25 | Each member shall be
a resident of Illinois. Except for the |
| |||||||
| |||||||
1 | initial appointment of a licensed fingerprint vendor after the | ||||||
2 | effective date of this amendatory Act of the 95th General | ||||||
3 | Assembly, each licensed member shall have at
least 5 years | ||||||
4 | experience as a licensee in the professional
area in which the | ||||||
5 | person is licensed and be in good standing
and actively engaged | ||||||
6 | in that profession. In making
appointments, the Director shall | ||||||
7 | consider the recommendations
of the professionals and the | ||||||
8 | professional organizations
representing the licensees. The | ||||||
9 | membership shall reasonably
reflect the different geographic | ||||||
10 | areas in Illinois.
| ||||||
11 | (b) Members shall serve 4 year terms and may serve until
| ||||||
12 | their successors are appointed. No member shall serve for
more | ||||||
13 | than 2 successive terms. Appointments to fill vacancies
shall | ||||||
14 | be made in the same manner as the original appointments
for the | ||||||
15 | unexpired portion of the vacated term. Members of the
Board in | ||||||
16 | office on the effective date of this Act pursuant to
the | ||||||
17 | Private Detective, Private Alarm, Private Security, and
| ||||||
18 | Locksmith Act of 1993 shall serve for the duration of their
| ||||||
19 | terms and may be appointed for one additional term.
| ||||||
20 | (c) A member of the Board may be removed for cause. A
| ||||||
21 | member subject to formal disciplinary proceedings shall
| ||||||
22 | disqualify himself or herself from all Board business until
the | ||||||
23 | charge is resolved. A member also shall disqualify
himself or | ||||||
24 | herself from any matter on which the member cannot
act | ||||||
25 | objectively.
| ||||||
26 | (d) Members shall receive compensation as set by law.
Each |
| |||||||
| |||||||
1 | member shall receive reimbursement as set by the
Governor's | ||||||
2 | Travel Control Board for expenses incurred in
carrying out the | ||||||
3 | duties as a Board member.
| ||||||
4 | (e) A majority of the appointed Board members constitutes a | ||||||
5 | quorum. A
majority vote of the quorum is required for a | ||||||
6 | decision.
| ||||||
7 | (f) The Board shall elect a chairperson and vice
| ||||||
8 | chairperson.
| ||||||
9 | (g) Board members are not liable for their acts,
omissions, | ||||||
10 | decisions, or other conduct in connection with
their duties on | ||||||
11 | the Board, except those determined to be
willful, wanton, or | ||||||
12 | intentional misconduct.
| ||||||
13 | (h) The Board may recommend policies, procedures, and
rules | ||||||
14 | relevant to the administration and enforcement of this
Act.
| ||||||
15 | (Source: P.A. 95-613, eff. 9-11-07.)".
|