|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning professional regulation.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Private Detective, Private Alarm, Private | ||||||
5 | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | ||||||
6 | amended by changing Sections 5-10, 20-10, 20-20, and 35-30 as | ||||||
7 | follows:
| ||||||
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9 | (Section scheduled to be repealed on January 1, 2014)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:
| ||||||
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
| ||||||
17 | printed or electronic means or media, but shall not include a | ||||||
18 | licensee's or an
agency's
letterhead, business cards, or other | ||||||
19 | stationery used in routine business
correspondence or
| ||||||
20 | customary name, address, and number type listings in a | ||||||
21 | telephone directory.
| ||||||
22 | "Alarm system" means any system, including an electronic | ||||||
23 | access control
system, a
surveillance video system, a security |
| |||||||
| |||||||
1 | video system, a burglar alarm system, a
fire alarm
system, an | ||||||
2 | emergency communication system, mass notification system, or | ||||||
3 | any other electronic system , that activates an audible, | ||||||
4 | visible,
remote, or
recorded signal that is designed for the | ||||||
5 | protection or detection of intrusion,
entry, theft,
fire, | ||||||
6 | vandalism, escape, or trespass , or other electronic systems | ||||||
7 | designed for the protection of life by indicating the existence | ||||||
8 | of an emergency situation .
| ||||||
9 | "Armed employee" means a licensee or registered person who | ||||||
10 | is employed by an
agency licensed or an armed proprietary | ||||||
11 | security force registered under this
Act who carries a weapon | ||||||
12 | while engaged in the
performance
of official duties within the | ||||||
13 | course and scope of his or her employment during
the hours
and | ||||||
14 | times the employee is scheduled to work or is commuting between | ||||||
15 | his or her
home or
place of employment, provided that commuting | ||||||
16 | is accomplished within one hour
from
departure from home or | ||||||
17 | place of employment.
| ||||||
18 | "Armed proprietary security force" means a security force | ||||||
19 | made up of 5 or
more
armed individuals employed by a private, | ||||||
20 | commercial, or industrial operation or
one or
more armed | ||||||
21 | individuals employed by a financial institution as security | ||||||
22 | officers
for the
protection of persons or property.
| ||||||
23 | "Board" means the Private Detective, Private Alarm, | ||||||
24 | Private Security, Fingerprint Vendor, and
Locksmith Board.
| ||||||
25 | "Branch office" means a business location removed from the | ||||||
26 | place of business
for which an agency license has been issued, |
| |||||||
| |||||||
1 | including, but not limited to,
locations where active employee | ||||||
2 | records that are required to be maintained
under this Act are | ||||||
3 | kept, where prospective new
employees
are processed, or where | ||||||
4 | members of the public are invited in to transact
business. A
| ||||||
5 | branch office does not include an office or other facility | ||||||
6 | located on the
property of an
existing client that is utilized | ||||||
7 | solely for the benefit of that client and is
not owned or
| ||||||
8 | leased by the agency.
| ||||||
9 | "Canine handler" means a person who uses or handles a | ||||||
10 | trained dog
to protect persons or property or
to conduct | ||||||
11 | investigations. | ||||||
12 | "Canine handler authorization card" means a card issued by | ||||||
13 | the Department that authorizes
the holder to use or handle a | ||||||
14 | trained dog to protect persons or property or to conduct
| ||||||
15 | investigations during the performance of his or her duties as | ||||||
16 | specified in this Act. | ||||||
17 | "Canine trainer" means a person who acts as a dog trainer | ||||||
18 | for the purpose of training dogs to protect
persons or property | ||||||
19 | or to conduct investigations. | ||||||
20 | "Canine trainer authorization card" means a card issued by | ||||||
21 | the Department that authorizes the
holder to train a dog to | ||||||
22 | protect persons or property or to conduct investigations during | ||||||
23 | the
performance of his or her duties as specified in this Act. | ||||||
24 | "Canine training facility" means a facility operated by a | ||||||
25 | licensed private detective agency or private
security agency | ||||||
26 | wherein dogs are trained for the purposes of protecting persons |
| |||||||
| |||||||
1 | or property or to
conduct investigations.
| ||||||
2 | "Corporation" means an artificial person or legal entity | ||||||
3 | created by or under
the
authority of the laws of a state, | ||||||
4 | including without limitation a corporation,
limited liability | ||||||
5 | company, or any other legal entity.
| ||||||
6 | "Department" means the Department of Financial and
| ||||||
7 | Professional Regulation.
| ||||||
8 | "Emergency communication system" means any system that | ||||||
9 | communicates information about emergencies, including but not | ||||||
10 | limited to fire, terrorist activities, shootings, other | ||||||
11 | dangerous situations, accidents, and natural disasters. | ||||||
12 | "Employee" means a person who works for a person or agency | ||||||
13 | that has the
right to
control the details of the work performed | ||||||
14 | and is not dependent upon whether or
not
federal or state | ||||||
15 | payroll taxes are withheld.
| ||||||
16 | "Fingerprint vendor" means a person that offers, | ||||||
17 | advertises, or provides services to fingerprint individuals, | ||||||
18 | through electronic or other means, for the purpose of providing | ||||||
19 | fingerprint images and associated demographic data to the | ||||||
20 | Department of State Police for processing fingerprint based | ||||||
21 | criminal history record information inquiries. | ||||||
22 | "Fingerprint vendor agency" means a person, firm, | ||||||
23 | corporation, or other legal entity that engages in the | ||||||
24 | fingerprint vendor business and employs, in addition to the | ||||||
25 | fingerprint vendor licensee-in-charge, at least one other | ||||||
26 | person in conducting that business. |
| |||||||
| |||||||
1 | "Fingerprint vendor licensee-in-charge" means a person who | ||||||
2 | has been designated by a fingerprint vendor agency to be the | ||||||
3 | licensee-in-charge of an agency who is a full-time management | ||||||
4 | employee or owner who assumes sole responsibility for | ||||||
5 | maintaining all records required by this Act and who assumes | ||||||
6 | sole responsibility for assuring the licensed agency's | ||||||
7 | compliance with its responsibilities as stated in this Act. The | ||||||
8 | Department shall adopt rules mandating licensee-in-charge | ||||||
9 | participation in agency affairs.
| ||||||
10 | "Fire alarm system" means any system that is activated by | ||||||
11 | an automatic or
manual device in the detection of smoke, heat, | ||||||
12 | or fire that activates an
audible, visible, or
remote signal | ||||||
13 | requiring a response.
| ||||||
14 | "Firearm control card" means a card issued by the | ||||||
15 | Department that
authorizes
the holder, who has complied with | ||||||
16 | the training and other requirements of this Act, to carry a | ||||||
17 | weapon during the performance of his or her duties as
specified | ||||||
18 | in
this Act.
| ||||||
19 | "Firm" means an unincorporated business entity, including | ||||||
20 | but not limited to
proprietorships and partnerships.
| ||||||
21 | "Locksmith" means
a person who engages in a business or | ||||||
22 | holds himself out to the public as
providing a service that | ||||||
23 | includes, but is not limited to, the servicing,
installing, | ||||||
24 | originating first keys, re-coding, repairing, maintaining,
| ||||||
25 | manipulating, or bypassing of a mechanical or electronic | ||||||
26 | locking device, access
control or video surveillance system at |
| |||||||
| |||||||
1 | premises, vehicles, safes, vaults, safe
deposit boxes, or | ||||||
2 | automatic teller machines.
| ||||||
3 | "Locksmith agency" means a person, firm, corporation, or | ||||||
4 | other legal entity
that engages
in the
locksmith business and | ||||||
5 | employs, in addition to the locksmith
licensee-in-charge, at | ||||||
6 | least
one other person in conducting such business.
| ||||||
7 | "Locksmith licensee-in-charge" means a person who has been | ||||||
8 | designated by
agency to be the licensee-in-charge of an agency,
| ||||||
9 | who is a
full-time management employee or owner who assumes | ||||||
10 | sole responsibility
for
maintaining all records required by | ||||||
11 | this Act, and who assumes sole
responsibility for
assuring the | ||||||
12 | licensed agency's compliance with its responsibilities as | ||||||
13 | stated
in this Act. The Department shall adopt rules mandating | ||||||
14 | licensee-in-charge
participation in agency affairs.
| ||||||
15 | "Mass notification system" means any system that is used to | ||||||
16 | provide information and instructions to people in a building or | ||||||
17 | other space using voice communications, including visible | ||||||
18 | signals, text, graphics, tactile, or other communication | ||||||
19 | methods. | ||||||
20 | "Peace officer" or "police officer" means a person who, by | ||||||
21 | virtue of office
or
public
employment, is vested by law with a | ||||||
22 | duty to maintain public order or to make
arrests for
offenses, | ||||||
23 | whether that duty extends to all offenses or is limited to | ||||||
24 | specific
offenses.
Officers, agents, or employees of the | ||||||
25 | federal government commissioned by
federal
statute
to make | ||||||
26 | arrests for violations of federal laws are considered peace |
| |||||||
| |||||||
1 | officers.
| ||||||
2 | "Permanent employee registration card" means a card issued | ||||||
3 | by the Department
to an
individual who has applied to the | ||||||
4 | Department and meets the requirements for
employment by a | ||||||
5 | licensed agency under this Act.
| ||||||
6 | "Person" means a natural person.
| ||||||
7 | "Private alarm contractor" means a person who engages in a | ||||||
8 | business that
individually or through others undertakes, | ||||||
9 | offers to undertake, purports to
have the
capacity to | ||||||
10 | undertake, or submits a bid to sell, install, design, monitor, | ||||||
11 | maintain,
alter, repair,
replace, or service alarm and other | ||||||
12 | security-related systems or parts thereof,
including fire
| ||||||
13 | alarm systems, at protected premises or premises to be | ||||||
14 | protected or responds to
alarm
systems at a protected premises | ||||||
15 | on an emergency basis and not as a full-time
security officer. | ||||||
16 | "Private alarm contractor" does not include a person, firm,
or
| ||||||
17 | corporation that
manufactures or sells alarm systems
only from | ||||||
18 | its place of business and does not sell, install, monitor, | ||||||
19 | maintain,
alter, repair, replace, service, or respond to alarm | ||||||
20 | systems at protected
premises or premises to be protected.
| ||||||
21 | "Private alarm contractor agency" means a person, | ||||||
22 | corporation, or other
entity
that
engages in the private alarm | ||||||
23 | contracting business and employs, in addition to
the private
| ||||||
24 | alarm contractor-in-charge, at least one other person in | ||||||
25 | conducting such
business.
| ||||||
26 | "Private alarm contractor licensee-in-charge" means a |
| |||||||
| |||||||
1 | person who has been
designated by an
agency to be the | ||||||
2 | licensee-in-charge of an agency, who is a full-time management
| ||||||
3 | employee or owner who
assumes sole
responsibility for | ||||||
4 | maintaining all records required by this Act, and who
assumes
| ||||||
5 | sole
responsibility for assuring the licensed agency's | ||||||
6 | compliance with its
responsibilities as
stated in this Act.
The | ||||||
7 | Department shall adopt rules mandating licensee-in-charge | ||||||
8 | participation in
agency affairs.
| ||||||
9 | "Private detective" means any person who by any means, | ||||||
10 | including, but not
limited to, manual, canine odor detection,
| ||||||
11 | or electronic methods, engages in the business of, accepts
| ||||||
12 | employment
to furnish, or agrees to make or makes | ||||||
13 | investigations for a fee or other
consideration to
obtain | ||||||
14 | information relating to:
| ||||||
15 | (1) Crimes or wrongs done or threatened against the | ||||||
16 | United States, any
state or
territory of the United States, | ||||||
17 | or any local government of a state or
territory.
| ||||||
18 | (2) The identity, habits, conduct, business | ||||||
19 | occupation, honesty,
integrity,
credibility, knowledge, | ||||||
20 | trustworthiness, efficiency, loyalty, activity,
movements, | ||||||
21 | whereabouts, affiliations, associations, transactions, | ||||||
22 | acts,
reputation, or character of any person, firm, or | ||||||
23 | other entity by any means,
manual or electronic.
| ||||||
24 | (3) The location, disposition, or recovery of lost or | ||||||
25 | stolen property.
| ||||||
26 | (4) The cause, origin, or responsibility for fires, |
| |||||||
| |||||||
1 | accidents, or injuries
to
individuals or real or personal | ||||||
2 | property.
| ||||||
3 | (5) The truth or falsity of any statement or | ||||||
4 | representation.
| ||||||
5 | (6) Securing evidence to be used before any court, | ||||||
6 | board, or investigating
body.
| ||||||
7 | (7) The protection of individuals from bodily harm or | ||||||
8 | death (bodyguard
functions).
| ||||||
9 | (8) Service of process in criminal and civil | ||||||
10 | proceedings without court
order.
| ||||||
11 | "Private detective agency" means a person, firm, | ||||||
12 | corporation, or other legal
entity that engages
in the
private | ||||||
13 | detective business and employs, in addition to the | ||||||
14 | licensee-in-charge,
one or more
persons in conducting such | ||||||
15 | business.
| ||||||
16 | "Private detective licensee-in-charge" means a person who | ||||||
17 | has been designated
by an agency
to be the licensee-in-charge | ||||||
18 | of an
agency,
who is a full-time management employee or owner
| ||||||
19 | who assumes sole
responsibility
for
maintaining all records | ||||||
20 | required by this Act, and who assumes sole
responsibility
for | ||||||
21 | assuring
the licensed agency's compliance with its | ||||||
22 | responsibilities as stated in this
Act. The Department shall | ||||||
23 | adopt rules mandating licensee-in-charge
participation in | ||||||
24 | agency affairs.
| ||||||
25 | "Private security contractor" means a person who engages in | ||||||
26 | the business of
providing a private security officer, watchman, |
| |||||||
| |||||||
1 | patrol, guard dog, canine odor detection, or a similar service | ||||||
2 | by
any other
title or name on a contractual basis for another | ||||||
3 | person, firm, corporation, or
other entity
for a fee or other | ||||||
4 | consideration and performing one or more of the following
| ||||||
5 | functions:
| ||||||
6 | (1) The prevention or detection of intrusion, entry, | ||||||
7 | theft, vandalism,
abuse, fire,
or trespass on private or | ||||||
8 | governmental property.
| ||||||
9 | (2) The prevention, observation, or detection of any | ||||||
10 | unauthorized activity
on
private or governmental property.
| ||||||
11 | (3) The protection of persons authorized to be on the | ||||||
12 | premises of the
person,
firm, or other entity for which the | ||||||
13 | security contractor contractually provides
security | ||||||
14 | services.
| ||||||
15 | (4) The prevention of the misappropriation or | ||||||
16 | concealment of goods, money,
bonds, stocks, notes, | ||||||
17 | documents, or papers.
| ||||||
18 | (5) The control, regulation, or direction of the | ||||||
19 | movement of the public
for
the
time specifically required | ||||||
20 | for the protection of property owned or controlled
by the | ||||||
21 | client.
| ||||||
22 | (6) The protection of individuals from bodily harm or | ||||||
23 | death (bodyguard
functions).
| ||||||
24 | "Private security contractor agency" means a person, firm, | ||||||
25 | corporation, or
other legal entity that
engages in
the private | ||||||
26 | security contractor business and that employs, in addition to |
| |||||||
| |||||||
1 | the
licensee-in-charge, one or more persons in conducting such | ||||||
2 | business.
| ||||||
3 | "Private security contractor licensee-in-charge" means a | ||||||
4 | person who has been
designated by an agency to be the
| ||||||
5 | licensee-in-charge of an
agency, who is a full-time management | ||||||
6 | employee or owner
who assumes sole responsibility for | ||||||
7 | maintaining all records required by this
Act, and who
assumes | ||||||
8 | sole responsibility for assuring the licensed agency's | ||||||
9 | compliance with
its
responsibilities as
stated in this Act. The | ||||||
10 | Department shall adopt rules mandating
licensee-in-charge | ||||||
11 | participation in agency affairs.
| ||||||
12 | "Public member" means a person who is not a licensee or | ||||||
13 | related to a
licensee, or who is not an employer or employee of | ||||||
14 | a licensee. The term
"related to" shall be determined by the | ||||||
15 | rules of the Department.
| ||||||
16 | "Secretary" means the Secretary of Financial and | ||||||
17 | Professional Regulation.
| ||||||
18 | (Source: P.A. 95-613, eff. 9-11-07.)
| ||||||
19 | (225 ILCS 447/20-10)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
21 | Sec. 20-10. Qualifications for licensure as a private
alarm | ||||||
22 | contractor. | ||||||
23 | (a) A person is qualified for licensure as a private
alarm | ||||||
24 | contractor if he or she meets all of the following
| ||||||
25 | requirements:
|
| |||||||
| |||||||
1 | (1) Is at least 21 years of age.
| ||||||
2 | (2) Has not been convicted of any felony in any
| ||||||
3 | jurisdiction or at least 10 years have elapsed since the | ||||||
4 | time
of full discharge from a sentence imposed for a felony
| ||||||
5 | conviction.
| ||||||
6 | (3) Is of good moral character. Good moral
character is | ||||||
7 | a continuing requirement of licensure.
Conviction of | ||||||
8 | crimes other than felonies may be used in
determining moral | ||||||
9 | character, but shall not constitute an
absolute bar to | ||||||
10 | licensure.
| ||||||
11 | (4) Has not been declared by any court of competent
| ||||||
12 | jurisdiction to be incompetent by reason of mental or | ||||||
13 | physical
defect or disease, unless a court has subsequently | ||||||
14 | declared
him or her to be competent.
| ||||||
15 | (5) Is not suffering from dependence on alcohol or
from | ||||||
16 | narcotic addiction or dependence.
| ||||||
17 | (6) Has (i) a minimum of 3 years experience during of | ||||||
18 | the 5
years immediately preceding the application (i) | ||||||
19 | working as a full-time
manager for a licensed private alarm | ||||||
20 | contractor agency or (ii) working for
a government or | ||||||
21 | private an entity that inspects, reviews, designs, sells, | ||||||
22 | installs, operates, services, or monitors
alarm systems | ||||||
23 | that, in the judgment of the Board, satisfies
the standards | ||||||
24 | of alarm industry competence or (ii) has a minimum of 10 | ||||||
25 | years experience working for a licensed private alarm | ||||||
26 | contractor agency or for an entity that designs, sells, |
| |||||||
| |||||||
1 | installs, services, or monitors alarm systems that, in the | ||||||
2 | judgment of the Board, satisfies the standards of alarm | ||||||
3 | industry competence, has successfully completed a National | ||||||
4 | Institute for Certification of Engineering Technologies | ||||||
5 | (NICET) level 2 certification examination, and applies on | ||||||
6 | or before July 1, 2007 . An applicant who
has received a | ||||||
7 | 4-year degree or higher in electrical
engineering or a | ||||||
8 | related field from a program approved by the
Board shall be | ||||||
9 | given credit for 2 years of the required
experience. An | ||||||
10 | applicant who has successfully completed a
national | ||||||
11 | certification program approved by the Board shall be
given | ||||||
12 | credit for one year of the required experience.
| ||||||
13 | (7) Has not been dishonorably discharged from the
armed | ||||||
14 | forces of the United States.
| ||||||
15 | (8) Has passed an examination authorized by the
| ||||||
16 | Department.
| ||||||
17 | (9) Submits his or her fingerprints, proof of
having | ||||||
18 | general liability insurance required under subsection
(c), | ||||||
19 | and the required license fee.
| ||||||
20 | (10) Has not violated Section 10-5 of this Act.
| ||||||
21 | (b) (Blank).
| ||||||
22 | (c) It is the responsibility of the applicant to obtain
| ||||||
23 | general liability insurance in an amount and coverage
| ||||||
24 | appropriate for the applicant's circumstances as determined by
| ||||||
25 | rule. The applicant shall provide evidence of insurance to
the | ||||||
26 | Department before being issued a license. Failure to
maintain |
| |||||||
| |||||||
1 | general liability insurance and to provide the
Department with | ||||||
2 | written proof of the insurance shall result in
cancellation of | ||||||
3 | the license.
| ||||||
4 | (Source: P.A. 95-613, eff. 9-11-07.)
| ||||||
5 | (225 ILCS 447/20-20)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
7 | Sec. 20-20. Training; private alarm contractor and
| ||||||
8 | employees. | ||||||
9 | (a) Registered employees of the private alarm contractor
| ||||||
10 | agency who carry a firearm and respond to alarm systems shall
| ||||||
11 | complete, within 30 days of their employment, a minimum of 20
| ||||||
12 | hours of classroom training provided by a qualified instructor
| ||||||
13 | and shall include all of the following subjects:
| ||||||
14 | (1) The law regarding arrest and search and seizure
as | ||||||
15 | it applies to the private alarm industry.
| ||||||
16 | (2) Civil and criminal liability for acts related
to | ||||||
17 | the private alarm industry.
| ||||||
18 | (3) The use of force, including but not limited to
the | ||||||
19 | use of nonlethal force (i.e., disabling spray, baton,
| ||||||
20 | stungun, or similar weapon).
| ||||||
21 | (4) Arrest and control techniques.
| ||||||
22 | (5) The offenses under the Criminal Code of 1961
that | ||||||
23 | are directly related to the protection of persons and
| ||||||
24 | property.
| ||||||
25 | (6) The law on private alarm forces and on
reporting to |
| |||||||
| |||||||
1 | law enforcement agencies.
| ||||||
2 | (7) Fire prevention, fire equipment, and fire
safety.
| ||||||
3 | (8) Civil rights and public relations.
| ||||||
4 | (9) The identification of terrorists, acts of | ||||||
5 | terrorism, and terrorist organizations, as defined by | ||||||
6 | federal and State statutes.
| ||||||
7 | Pursuant to directives set forth by the U.S. Department of | ||||||
8 | Homeland Security and the provisions set forth by the National | ||||||
9 | Fire Protection Association in the National Fire Alarm Code and | ||||||
10 | the Life Safety Code, training may include the installation, | ||||||
11 | repair, and maintenance of emergency communication systems and | ||||||
12 | mass notification systems. | ||||||
13 | (b) All other employees of a private alarm contractor
| ||||||
14 | agency shall complete a minimum of 20 hours of training
| ||||||
15 | provided by a qualified instructor within 30 days of their
| ||||||
16 | employment. The substance of the training shall be related to
| ||||||
17 | the work performed by the registered employee.
| ||||||
18 | (c) It is the responsibility of the employer to certify,
on | ||||||
19 | forms provided by the Department, that the employee
has | ||||||
20 | successfully completed the training. The form shall be a
| ||||||
21 | permanent record of training completed by the employee and
| ||||||
22 | shall be placed in the employee's file with the employer for
| ||||||
23 | the term the employee is retained by the
employer. A private | ||||||
24 | alarm contractor agency may place a
notarized copy of the | ||||||
25 | Department form in lieu of the original
into the permanent | ||||||
26 | employee registration card file. The
form shall be returned to |
| |||||||
| |||||||
1 | the employee when his
or her employment is terminated. Failure | ||||||
2 | to return the
form to the employee is grounds for discipline. | ||||||
3 | The employee shall not be
required to
complete the training | ||||||
4 | required under this Act
once the employee has been issued a | ||||||
5 | form.
| ||||||
6 | (d) Nothing in this Act prevents any employer from
| ||||||
7 | providing or requiring additional training beyond the required
| ||||||
8 | 20 hours that the employer feels is necessary and appropriate
| ||||||
9 | for competent job performance.
| ||||||
10 | (e) Any certification of completion of the 20-hour
basic | ||||||
11 | training issued under the Private Detective, Private
Alarm, | ||||||
12 | Private Security, and Locksmith Act of 1993 or any
prior Act | ||||||
13 | shall be accepted as proof of training under this
Act.
| ||||||
14 | (Source: P.A. 95-613, eff. 9-11-07.)
| ||||||
15 | (225 ILCS 447/35-30)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
17 | Sec. 35-30. Employee requirements. All employees of a
| ||||||
18 | licensed agency, other than those exempted, shall apply for a
| ||||||
19 | permanent employee registration card. The holder of an agency
| ||||||
20 | license issued under this Act, known in this Section as
| ||||||
21 | "employer", may employ in the conduct of his or her business
| ||||||
22 | employees under the following provisions:
| ||||||
23 | (a) No person shall be issued a permanent employee
| ||||||
24 | registration card who:
| ||||||
25 | (1) Is younger than 18 years of age.
|
| |||||||
| |||||||
1 | (2) Is younger than 21 years of age if the
services | ||||||
2 | will include being armed.
| ||||||
3 | (3) Has been determined by the Department to
be unfit | ||||||
4 | by reason of conviction of an offense in this or
another | ||||||
5 | state, other than a traffic offense. The Department
shall | ||||||
6 | adopt rules for making those determinations that shall
| ||||||
7 | afford the applicant due process of law.
| ||||||
8 | (4) Has had a license or permanent employee
| ||||||
9 | registration card denied, suspended, or revoked under this | ||||||
10 | Act (i) within one
year before the date the
person's | ||||||
11 | application for permanent employee registration card
is | ||||||
12 | received by the Department; and (ii) that refusal, denial,
| ||||||
13 | suspension, or revocation was based on any provision of | ||||||
14 | this
Act other than Section 40-50,
item (6) or (8) of | ||||||
15 | subsection (a) of Section 15-10, subsection (b) of Section
| ||||||
16 | 15-10, item (6) or (8) of subsection (a) of Section 20-10, | ||||||
17 | subsection (b) of
Section 20-10, item (6) or (8) of | ||||||
18 | subsection (a) of Section 25-10, subsection
(b) of Section | ||||||
19 | 25-10, item (7) of subsection (a) of Section 30-10,
| ||||||
20 | subsection (b) of Section 30-10, or Section 10-40.
| ||||||
21 | (5) Has been declared incompetent by any court
of | ||||||
22 | competent jurisdiction by reason of mental disease or
| ||||||
23 | defect and has not been restored.
| ||||||
24 | (6) Has been dishonorably discharged from the
armed | ||||||
25 | services of the United States.
| ||||||
26 | (b) No person may be employed by a private
detective |
| |||||||
| |||||||
1 | agency, private security contractor agency, private
alarm | ||||||
2 | contractor agency, fingerprint vendor agency, or locksmith | ||||||
3 | agency under this
Section until he or she has executed and | ||||||
4 | furnished to the
employer, on forms furnished by the | ||||||
5 | Department, a verified
statement to be known as "Employee's | ||||||
6 | Statement" setting forth:
| ||||||
7 | (1) The person's full name, age, and residence
address.
| ||||||
8 | (2) The business or occupation engaged in for
the 5 | ||||||
9 | years immediately before the date of the execution of
the | ||||||
10 | statement, the place where the business or occupation was
| ||||||
11 | engaged in, and the names of employers, if any.
| ||||||
12 | (3) That the person has not had a license or
employee | ||||||
13 | registration denied, revoked, or suspended under this
Act | ||||||
14 | (i) within one year before the date the person's | ||||||
15 | application
for permanent employee registration card is | ||||||
16 | received by the
Department; and (ii) that refusal, denial, | ||||||
17 | suspension, or
revocation was based on any provision of | ||||||
18 | this Act other than
Section 40-50,
item (6) or (8) of | ||||||
19 | subsection (a) of Section 15-10, subsection (b) of Section
| ||||||
20 | 15-10, item (6) or (8) of subsection (a) of Section 20-10, | ||||||
21 | subsection (b) of
Section 20-10, item (6) or (8) of | ||||||
22 | subsection (a) of Section 25-10, subsection
(b) of Section | ||||||
23 | 25-10, item (7) of subsection (a) of Section 30-10,
| ||||||
24 | subsection (b) of Section 30-10, or Section 10-40.
| ||||||
25 | (4) Any conviction of a felony or misdemeanor.
| ||||||
26 | (5) Any declaration of incompetence by a court
of |
| |||||||
| |||||||
1 | competent jurisdiction that has not been restored.
| ||||||
2 | (6) Any dishonorable discharge from the armed
services | ||||||
3 | of the United States.
| ||||||
4 | (7) Any other information as may be required by
any | ||||||
5 | rule of the Department to show the good character,
| ||||||
6 | competency, and integrity of the person executing the
| ||||||
7 | statement.
| ||||||
8 | (c) Each applicant for a permanent employee registration
| ||||||
9 | card shall have his or her fingerprints submitted to the
| ||||||
10 | Department of State Police in an electronic format that
| ||||||
11 | complies with the form and manner for requesting and
furnishing | ||||||
12 | criminal history record information as prescribed
by the | ||||||
13 | Department of State Police. These fingerprints shall
be checked | ||||||
14 | against the Department of State Police and Federal
Bureau of | ||||||
15 | Investigation criminal history record databases now
and | ||||||
16 | hereafter filed. The Department of State Police shall
charge | ||||||
17 | applicants a fee for conducting the criminal history
records | ||||||
18 | check, which shall be deposited in the State Police
Services | ||||||
19 | Fund and shall not exceed the actual cost of the
records check. | ||||||
20 | The Department of State Police shall furnish,
pursuant to | ||||||
21 | positive identification, records of Illinois
convictions to | ||||||
22 | the Department. The Department may require
applicants to pay a | ||||||
23 | separate fingerprinting fee, either to the
Department or | ||||||
24 | directly to the vendor. The Department, in
its discretion, may | ||||||
25 | allow an applicant who does not have
reasonable access to a | ||||||
26 | designated vendor to provide his or her
fingerprints in an |
| |||||||
| |||||||
1 | alternative manner. The
Department, in its discretion, may also | ||||||
2 | use other
procedures in performing or obtaining criminal | ||||||
3 | background
checks of applicants. Instead of submitting his or | ||||||
4 | her
fingerprints, an individual may submit proof that is
| ||||||
5 | satisfactory to the Department that an equivalent security
| ||||||
6 | clearance has been conducted. Also, an individual who has
| ||||||
7 | retired as a peace officer within 12 months of application may
| ||||||
8 | submit verification, on forms provided by the Department and
| ||||||
9 | signed by his or her employer, of his or her previous full-time | ||||||
10 | employment as a
peace officer.
| ||||||
11 | (d) The Department shall issue a permanent employee
| ||||||
12 | registration card, in a form the Department prescribes, to all
| ||||||
13 | qualified applicants.
The holder of a permanent employee | ||||||
14 | registration card shall
carry the card at all times while | ||||||
15 | actually engaged in the
performance of the duties of his or her | ||||||
16 | employment.
Expiration and requirements for renewal of | ||||||
17 | permanent employee
registration cards shall be established by | ||||||
18 | rule of the
Department. Possession of a permanent employee | ||||||
19 | registration
card does not in any way imply that the holder of | ||||||
20 | the card is
employed by an agency unless the permanent employee
| ||||||
21 | registration card is accompanied by the employee
| ||||||
22 | identification card required by subsection (f) of this
Section.
| ||||||
23 | (e) Each employer shall maintain a record of each
employee | ||||||
24 | that is accessible to the duly authorized
representatives of | ||||||
25 | the Department. The record shall contain
the following | ||||||
26 | information:
|
| |||||||
| |||||||
1 | (1) A photograph taken within 10 days of the date
that | ||||||
2 | the employee begins employment with the employer. The
| ||||||
3 | photograph shall be replaced with a current photograph | ||||||
4 | every 3
calendar years.
| ||||||
5 | (2) The Employee's Statement specified in
subsection | ||||||
6 | (b) of this Section.
| ||||||
7 | (3) All correspondence or documents relating to the
| ||||||
8 | character and integrity of the employee received by the
| ||||||
9 | employer from any official source or law enforcement | ||||||
10 | agency.
| ||||||
11 | (4) In the case of former employees, the employee
| ||||||
12 | identification card of that person issued under subsection | ||||||
13 | (f)
of this Section. Each employee record shall duly note | ||||||
14 | if the
employee is employed in an armed capacity. Armed | ||||||
15 | employee
files shall contain a copy of an active firearm | ||||||
16 | owner's
identification card and a copy of an active firearm
| ||||||
17 | control card. Each employer shall maintain a record for
| ||||||
18 | each armed employee of each instance in which the | ||||||
19 | employee's
weapon was discharged during the course of his | ||||||
20 | or her
professional duties or activities. The record shall | ||||||
21 | be
maintained on forms provided by the Department, a copy | ||||||
22 | of
which must be filed with the Department within 15 days | ||||||
23 | of an
instance. The record shall include the date and time | ||||||
24 | of the
occurrence, the circumstances involved in the | ||||||
25 | occurrence, and
any other information as the Department may | ||||||
26 | require. Failure
to provide this information to the |
| |||||||
| |||||||
1 | Department or failure to
maintain the record as a part of | ||||||
2 | each armed employee's
permanent file is grounds for | ||||||
3 | disciplinary action. The
Department, upon receipt of a | ||||||
4 | report, shall have the authority
to make any investigation | ||||||
5 | it considers appropriate into any
occurrence in which an | ||||||
6 | employee's weapon was discharged and to
take disciplinary | ||||||
7 | action as may be appropriate.
| ||||||
8 | (5) The Department may, by rule, prescribe further
| ||||||
9 | record requirements.
| ||||||
10 | (f) Every employer shall furnish an employee
| ||||||
11 | identification card to each of his or her employees. This
| ||||||
12 | employee identification card shall contain a recent photograph
| ||||||
13 | of the employee, the employee's name, the name and agency
| ||||||
14 | license number of the employer, the employee's personal
| ||||||
15 | description, the signature of the employer, the signature of
| ||||||
16 | that employee, the date of issuance, and an employee
| ||||||
17 | identification card number.
| ||||||
18 | (g) No employer may issue an employee identification
card | ||||||
19 | to any person who is not employed by the employer in
accordance | ||||||
20 | with this Section or falsely state or represent
that a person | ||||||
21 | is or has been in his or her employ. It is
unlawful for an | ||||||
22 | applicant for registered employment to file
with the Department | ||||||
23 | the fingerprints of a person other than
himself or herself.
| ||||||
24 | (h) Every employer shall obtain the identification card
of | ||||||
25 | every employee who terminates employment with him or her.
| ||||||
26 | (i) Every employer shall maintain a separate roster of
the |
| |||||||
| |||||||
1 | names of all employees currently working in an armed
capacity | ||||||
2 | and submit the roster to the Department on request.
| ||||||
3 | (j) No agency may employ any person to perform a
licensed | ||||||
4 | activity under this Act unless the person possesses a
valid | ||||||
5 | permanent employee registration card or a valid license
under | ||||||
6 | this Act, or is exempt pursuant to subsection (n).
| ||||||
7 | (k) Notwithstanding the provisions of subsection (j), an
| ||||||
8 | agency may employ a person in a temporary capacity if all of
| ||||||
9 | the following conditions are met:
| ||||||
10 | (1) The agency completes in its entirety and
submits to | ||||||
11 | the Department an application for a permanent
employee | ||||||
12 | registration card, including the required fingerprint
| ||||||
13 | receipt and fees.
| ||||||
14 | (2) The agency has verification from the Department
| ||||||
15 | that the applicant has no record of any criminal conviction
| ||||||
16 | pursuant to the criminal history check conducted by the
| ||||||
17 | Department of State Police. The agency shall maintain the
| ||||||
18 | verification of the results of the Department of State | ||||||
19 | Police
criminal history check as part of the employee | ||||||
20 | record as
required under subsection (e) of this Section.
| ||||||
21 | (3) The agency exercises due diligence to ensure
that | ||||||
22 | the person is qualified under the requirements of the Act
| ||||||
23 | to be issued a permanent employee registration card.
| ||||||
24 | (4) The agency maintains a separate roster of the
names | ||||||
25 | of all employees whose applications are currently
pending | ||||||
26 | with the Department and submits the roster to the
|
| |||||||
| |||||||
1 | Department on a monthly basis. Rosters are to be maintained
| ||||||
2 | by the agency for a period of at least 24 months.
| ||||||
3 | An agency may employ only a permanent employee applicant
| ||||||
4 | for which it either submitted a permanent employee application
| ||||||
5 | and all required forms and fees or it confirms with the
| ||||||
6 | Department that a permanent employee application and all
| ||||||
7 | required forms and fees have been submitted by another agency,
| ||||||
8 | licensee or the permanent employee and all other requirements
| ||||||
9 | of this Section are met.
| ||||||
10 | The Department shall have the authority to revoke,
without | ||||||
11 | a hearing, the temporary authority of an individual to
work | ||||||
12 | upon receipt of Federal Bureau of Investigation
fingerprint | ||||||
13 | data or a report of another official authority
indicating a | ||||||
14 | criminal conviction. If the Department has not
received a | ||||||
15 | temporary employee's Federal Bureau of
Investigation | ||||||
16 | fingerprint data within 120 days of the date the
Department | ||||||
17 | received the Department of State Police fingerprint
data, the | ||||||
18 | Department may, at its discretion, revoke the
employee's | ||||||
19 | temporary authority to work with 15 days written
notice to the | ||||||
20 | individual and the employing agency.
| ||||||
21 | An agency may not employ a person in a temporary capacity
| ||||||
22 | if it knows or reasonably should have known that the person
has | ||||||
23 | been convicted of a crime under the laws of this State,
has | ||||||
24 | been convicted in another state of any crime that is a
crime | ||||||
25 | under the laws of this State, has been convicted of any
crime | ||||||
26 | in a federal court, or has been posted as an unapproved
|
| |||||||
| |||||||
1 | applicant by the Department. Notice by the Department to the
| ||||||
2 | agency, via certified mail, personal delivery, electronic
| ||||||
3 | mail, or posting on the Department's Internet site accessible
| ||||||
4 | to the agency that the person has been convicted of a crime
| ||||||
5 | shall be deemed constructive knowledge of the conviction on
the | ||||||
6 | part of the agency. The Department may adopt rules to
implement | ||||||
7 | this
subsection (k).
| ||||||
8 | (l) No person may be employed under this Section in any
| ||||||
9 | capacity if:
| ||||||
10 | (1) the person, while so employed, is being paid by
the | ||||||
11 | United States or any political subdivision for the time so
| ||||||
12 | employed in addition to any payments he or she may receive
| ||||||
13 | from the employer; or
| ||||||
14 | (2) the person wears any portion of his or her
official | ||||||
15 | uniform, emblem of authority, or equipment while so
| ||||||
16 | employed.
| ||||||
17 | (m) If information is discovered affecting the
| ||||||
18 | registration of a person whose fingerprints were submitted
| ||||||
19 | under this Section, the Department shall so notify the agency
| ||||||
20 | that submitted the fingerprints on behalf of that person.
| ||||||
21 | (n) Peace officers shall be exempt from the requirements
of | ||||||
22 | this Section relating to permanent employee registration
| ||||||
23 | cards. The agency shall remain responsible for any peace
| ||||||
24 | officer employed under this exemption, regardless of whether
| ||||||
25 | the peace officer is compensated as an employee or as an
| ||||||
26 | independent contractor and as further defined by rule.
|
| |||||||
| |||||||
1 | (o) Persons who have no access to confidential or
security | ||||||
2 | information , who do not go to a client's or prospective | ||||||
3 | client's residence or place of business, and who otherwise do | ||||||
4 | not provide
traditional security services are exempt from | ||||||
5 | employee
registration. Examples of exempt employees include, | ||||||
6 | but are
not limited to, employees working in the capacity of | ||||||
7 | ushers,
directors, ticket takers, cashiers, drivers, and | ||||||
8 | reception
personnel. Confidential or security information is | ||||||
9 | that which
pertains to employee files, scheduling, client | ||||||
10 | contracts, or
technical security and alarm data.
| ||||||
11 | (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07.)
|