Full Text of SB0184 94th General Assembly
SB0184 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0184
Introduced 2/2/2005, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED: |
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225 ILCS 447/10-25 |
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225 ILCS 447/35-30 |
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225 ILCS 447/40-10 |
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Amends the Private Detective, Private Alarm, Private Security, and
Locksmith Act of 2004. Authorizes the Department of Financial and Professional Regulation to resubmit the fingerprints of an applicant for renewal or restoration of a license, permanent employee registration card, or firearm
authorization card to the Department of State Police for the purpose of an updated criminal history check at the time of renewal or restoration. Prohibits a person who has a mental disability demonstrated by the entry of an order or judgment by a court that the person is in need of mental treatment or is incompetent from being issued a permanent employee registration card (now, prohibits a person who has been declared incompetent by any court
of competent jurisdiction by reason of mental disease or
defect and has not been restored from being issued a card). Prohibits a person who is not (i) a U.S. citizen, (ii) a permanent resident, or (iii) in legal possession of an authorization to work supplied by the Department of Homeland Security from being issued a permanent employee registration card. Adds the conviction in Illinois or another state of any 2 or more violent offenses towards persons or property to the list of occurrences that merit disciplinary sanctions.
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A BILL FOR
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SB0184 |
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LRB094 05342 RAS 35386 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Private Detective, Private Alarm, Private | 5 |
| Security, and
Locksmith Act of 2004 is amended by changing | 6 |
| Sections 10-25, 35-30, and 40-10 as follows:
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| (225 ILCS 447/10-25)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 10-25. Issuance of license; renewal; fees.
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| (a) The Department shall, upon the applicant's | 11 |
| satisfactory completion of
the requirements set forth in this | 12 |
| Act and upon receipt of the fee, issue the
license indicating | 13 |
| the name and business location of the licensee and the date
of | 14 |
| expiration.
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| (b) An applicant may, upon satisfactory completion of the | 16 |
| requirements set
forth in this Act and upon receipt of fees | 17 |
| related to the application and
testing for licensure, elect to | 18 |
| defer the issuance of the applicant's initial
license for a | 19 |
| period not longer than 6 years. An applicant who fails to | 20 |
| request
issuance of his or her initial license or agency | 21 |
| license and to remit the fees
required for that license within | 22 |
| 6 years shall be required to resubmit an
application together | 23 |
| with all required fees.
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| (c) The expiration date, renewal period, and conditions for | 25 |
| renewal and
restoration of each license, permanent employee | 26 |
| registration card, and firearm
authorization card shall be set | 27 |
| by rule. The holder may renew the license,
permanent employee | 28 |
| registration card, or firearm authorization card during the
30 | 29 |
| days preceding its expiration by paying the required fee and by | 30 |
| meeting
conditions that the Department may specify. The | 31 |
| Department may resubmit the fingerprints of an applicant for | 32 |
| renewal or restoration to the Department of State Police for |
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| the purpose of an updated criminal history check at the time of | 2 |
| renewal or restoration. Any license holder who notifies the
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| Department on forms prescribed by
the Department may place his | 4 |
| or her license on inactive status for a period of
not longer | 5 |
| than 6 years and shall, subject to the rules of the Department, | 6 |
| be
excused from payment of renewal fees until the license | 7 |
| holder notifies the
Department, in writing, of an intention to | 8 |
| resume active status. Practice while
on inactive status | 9 |
| constitutes unlicensed practice. A non-renewed license
that | 10 |
| has lapsed for less than 6 years may be restored upon payment | 11 |
| of the
restoration fee and all lapsed renewal fees. A license | 12 |
| that has lapsed for more
than 6 years may be restored by paying | 13 |
| the required restoration fee and all
lapsed renewal fees and by | 14 |
| providing evidence of competence to resume practice
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| satisfactory to the Department and the Board, which may include | 16 |
| passing a
written examination. All restoration fees and lapsed | 17 |
| renewal fees shall be
waived for an applicant whose license | 18 |
| lapsed while on active duty in the armed
forces of the United | 19 |
| States if application for restoration is made within 12
months | 20 |
| after discharge from the service.
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| (d) Any permanent employee registration card expired for | 22 |
| less than one year
may be restored upon payment of lapsed | 23 |
| renewal fees. Any permanent employee
registration card expired | 24 |
| for one year or more may be restored by making
application to | 25 |
| the Department and filing proof acceptable to the Department of
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| the licensee's fitness to have the permanent employee | 27 |
| registration card
restored, including verification of
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| fingerprint processing through the Department of State Police | 29 |
| and Federal
Bureau of Investigation and paying the restoration | 30 |
| fee.
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| (Source: P.A. 93-438, eff. 8-5-03 .)
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| (225 ILCS 447/35-30)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 35-30. Employee requirements. All employees of a
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| licensed agency, other than those exempted, shall apply for a
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| permanent employee registration card. The holder of an agency
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| license issued under this Act, known in this Section as
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| "employer", may employ in the conduct of his or her business
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| employees under the following provisions:
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| (1) No person shall be issued a permanent employee
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| registration card who:
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| (A) Is younger than 18 years of age.
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| (B) Is younger than 21 years of age if the
services | 9 |
| will include being armed.
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| (C) Has been determined by the Department to
be | 11 |
| unfit by reason of conviction of an offense in this or
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| another state, other than a traffic offense. The | 13 |
| Department
shall adopt rules for making those | 14 |
| determinations that shall
afford the applicant due | 15 |
| process of law.
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| (D) Has had a license or permanent employee
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| registration card denied, suspended, or revoked under | 18 |
| this Act (i) within one
year before the date the
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| person's application for permanent employee | 20 |
| registration card
is received by the Department; and | 21 |
| (ii) that refusal, denial,
suspension, or revocation | 22 |
| was based on any provision of this
Act other than | 23 |
| Section 40-50,
item (6) or (8) of subsection (a) of | 24 |
| Section 15-10, subsection (b) of Section
15-10, item | 25 |
| (6) or (8) of subsection (a) of Section 20-10, | 26 |
| subsection (b) of
Section 20-10, item (6) or (8) of | 27 |
| subsection (a) of Section 25-10, subsection
(b) of | 28 |
| Section 25-10, item (7) of subsection (a) of Section | 29 |
| 30-10,
subsection (b) of Section 30-10, or Section | 30 |
| 10-40.
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| (E) Has a mental disability demonstrated by the | 32 |
| entry of an order or judgment by a court that a person | 33 |
| is in need of mental treatment or is incompetent
Has | 34 |
| been declared incompetent by any court
of competent | 35 |
| jurisdiction by reason of mental disease or
defect and | 36 |
| has not been restored by the court .
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| (F) Has been dishonorably discharged from the
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| armed services of the United States.
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| (G) Is not (i) a U.S. citizen, (ii) a permanent | 4 |
| resident, or (iii) in legal possession of an | 5 |
| authorization to work supplied by the Department of | 6 |
| Homeland Security.
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| (2) No person may be employed by a private
detective | 8 |
| agency, private security contractor agency, private
alarm | 9 |
| contractor agency, or locksmith agency under this
Section | 10 |
| until he or she has executed and furnished to the
employer, | 11 |
| on forms furnished by the Department, a verified
statement | 12 |
| to be known as "Employee's Statement" setting forth:
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| (A) The person's full name, age, and residence
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| address.
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| (B) The business or occupation engaged in for
the 5 | 16 |
| years immediately before the date of the execution of
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| the statement, the place where the business or | 18 |
| occupation was
engaged in, and the names of employers, | 19 |
| if any.
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| (C) That the person has not had a license or
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| employee registration denied, revoked, or suspended | 22 |
| under this
Act (i) within one year before the date the | 23 |
| person's application
for permanent employee | 24 |
| registration card is received by the
Department; and | 25 |
| (ii) that refusal, denial, suspension, or
revocation | 26 |
| was based on any provision of this Act other than
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| Section 40-50,
item (6) or (8) of subsection (a) of | 28 |
| Section 15-10, subsection (b) of Section
15-10, item | 29 |
| (6) or (8) of subsection (a) of Section 20-10, | 30 |
| subsection (b) of
Section 20-10, item (6) or (8) of | 31 |
| subsection (a) of Section 25-10, subsection
(b) of | 32 |
| Section 25-10, item (7) of subsection (a) of Section | 33 |
| 30-10,
subsection (b) of Section 30-10, or Section | 34 |
| 10-40.
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| (D) Any conviction of a felony or misdemeanor.
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| (E) Any declaration of incompetence by a court
of |
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| competent jurisdiction that has not been restored.
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| (F) Any dishonorable discharge from the armed
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| services of the United States.
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| (G) Any other information as may be required by
any | 5 |
| rule of the Department to show the good character,
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| competency, and integrity of the person executing the
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| statement.
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| (c) Each applicant for a permanent employee registration
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| card shall have his or her fingerprints submitted to the
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| Department of State Police in an electronic format that
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| 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 | 27 |
| alternative manner. The
Department, in its discretion, may also | 28 |
| use other
procedures in performing or obtaining criminal | 29 |
| background
checks of applicants. Instead of submitting his or | 30 |
| her
fingerprints, an individual may submit proof that is
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| satisfactory to the Department that an equivalent security
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| clearance has been conducted. Also, an individual who has
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| retired as a peace officer within 12 months of application may
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| submit verification, on forms provided by the Department and
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| signed by his or her employer, of his or her previous full-time | 36 |
| employment as a
peace officer.
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| (d) The Department shall issue a permanent employee
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| registration card, in a form the Department prescribes, to all
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| qualified applicants.
The holder of a permanent employee | 4 |
| registration card shall
carry the card at all times while | 5 |
| actually engaged in the
performance of the duties of his or her | 6 |
| employment.
Expiration and requirements for renewal of | 7 |
| permanent employee
registration cards shall be established by | 8 |
| rule of the
Department. Possession of a permanent employee | 9 |
| registration
card does not in any way imply that the holder of | 10 |
| the card is
employed by an agency unless the permanent employee
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| registration card is accompanied by the employee
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| identification card required by subsection (f) of this
Section.
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| (e) Each employer shall maintain a record of each
employee | 14 |
| that is accessible to the duly authorized
representatives of | 15 |
| the Department. The record shall contain
the following | 16 |
| information:
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| (1) A photograph taken within 10 days of the date
that | 18 |
| the employee begins employment with the employer. The
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| photograph shall be replaced with a current photograph | 20 |
| every 3
calendar years.
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| (2) The Employee's Statement specified in
subsection | 22 |
| (b) of this Section.
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| (3) All correspondence or documents relating to the
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| character and integrity of the employee received by the
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| employer from any official source or law enforcement | 26 |
| agency.
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| (4) In the case of former employees, the employee
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| identification card of that person issued under subsection | 29 |
| (f)
of this Section. Each employee record shall duly note | 30 |
| if the
employee is employed in an armed capacity. Armed | 31 |
| employee
files shall contain a copy of an active firearm | 32 |
| owner's
identification card and a copy of an active firearm
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| authorization card. Each employer shall maintain a record | 34 |
| for
each armed employee of each instance in which the | 35 |
| employee's
weapon was discharged during the course of his | 36 |
| or her
professional duties or activities. The record shall |
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| be
maintained on forms provided by the Department, a copy | 2 |
| of
which must be filed with the Department within 15 days | 3 |
| of an
instance. The record shall include the date and time | 4 |
| of the
occurrence, the circumstances involved in the | 5 |
| occurrence, and
any other information as the Department may | 6 |
| require. Failure
to provide this information to the | 7 |
| Department or failure to
maintain the record as a part of | 8 |
| each armed employee's
permanent file is grounds for | 9 |
| disciplinary action. The
Department, upon receipt of a | 10 |
| report, shall have the authority
to make any investigation | 11 |
| it considers appropriate into any
occurrence in which an | 12 |
| employee's weapon was discharged and to
take disciplinary | 13 |
| action as may be appropriate.
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| (5) The Department may, by rule, prescribe further
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| record requirements.
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| (f) Every employer shall furnish an employee
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| identification card to each of his or her employees. This
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| employee identification card shall contain a recent photograph
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| of the employee, the employee's name, the name and agency
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| license number of the employer, the employee's personal
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| description, the signature of the employer, the signature of
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| that employee, the date of issuance, and an employee
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| identification card number.
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| (g) No employer may issue an employee identification
card | 25 |
| to any person who is not employed by the employer in
accordance | 26 |
| with this Section or falsely state or represent
that a person | 27 |
| is or has been in his or her employ. It is
unlawful for an | 28 |
| applicant for registered employment to file
with the Department | 29 |
| the fingerprints of a person other than
himself or herself.
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| (h) Every employer shall obtain the identification card
of | 31 |
| every employee who terminates employment with him or her.
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| (i) Every employer shall maintain a separate roster of
the | 33 |
| names of all employees currently working in an armed
capacity | 34 |
| and submit the roster to the Department on request.
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| (j) No agency may employ any person to perform a
licensed | 36 |
| activity under this Act unless the person possesses a
valid |
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| permanent employee registration card or a valid license
under | 2 |
| this Act, or is exempt pursuant to subsection (n).
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| (k) Notwithstanding the provisions of subsection (j), an
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| agency may employ a person in a temporary capacity if all of
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| the following conditions are met:
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| (1) The agency completes in its entirety and
submits to | 7 |
| the Department an application for a permanent
employee | 8 |
| registration card, including the required fingerprint
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| receipt and fees.
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| (2) The agency has verification from the Department
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| that the applicant has no record of any criminal conviction
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| pursuant to the criminal history check conducted by the
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| Department of State Police. The agency shall maintain the
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| verification of the results of the Department of State | 15 |
| Police
criminal history check as part of the employee | 16 |
| record as
required under subsection (e) of this Section.
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| (3) The agency exercises due diligence to ensure
that | 18 |
| the person is qualified under the requirements of the Act
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| to be issued a permanent employee registration card.
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| (4) The agency maintains a separate roster of the
names | 21 |
| of all employees whose applications are currently
pending | 22 |
| with the Department and submits the roster to the
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| Department on a monthly basis. Rosters are to be maintained
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| by the agency for a period of at least 24 months.
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| An agency may employ only a permanent employee applicant
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| for which it either submitted a permanent employee application
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| and all required forms and fees or it confirms with the
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| Department that a permanent employee application and all
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| required forms and fees have been submitted by another agency,
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| licensee or the permanent employee and all other requirements
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| of this Section are met.
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| The Department shall have the authority to revoke,
without | 33 |
| a hearing, the temporary authority of an individual to
work | 34 |
| upon receipt of Federal Bureau of Investigation
fingerprint | 35 |
| data or a report of another official authority
indicating a | 36 |
| criminal conviction. If the Department has not
received a |
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| temporary employee's Federal Bureau of
Investigation | 2 |
| fingerprint data within 120 days of the date the
Department | 3 |
| received the Department of State Police fingerprint
data, the | 4 |
| Department may, at its discretion, revoke the
employee's | 5 |
| temporary authority to work with 15 days written
notice to the | 6 |
| individual and the employing agency.
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| An agency may not employ a person in a temporary capacity
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| if it knows or reasonably should have known that the person
has | 9 |
| been convicted of a crime under the laws of this State,
has | 10 |
| been convicted in another state of any crime that is a
crime | 11 |
| under the laws of this State, has been convicted of any
crime | 12 |
| in a federal court, or has been posted as an unapproved
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| applicant by the Department. Notice by the Department to the
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| agency, via certified mail, personal delivery, electronic
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| mail, or posting on the Department's Internet site accessible
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| to the agency that the person has been convicted of a crime
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| shall be deemed constructive knowledge of the conviction on
the | 18 |
| part of the agency. The Department may adopt rules to
implement | 19 |
| this
subsection (k).
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| (l) No person may be employed under this Section in any
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| capacity if:
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| (1) the person, while so employed, is being paid by
the | 23 |
| United States or any political subdivision for the time so
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| employed in addition to any payments he or she may receive
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| from the employer; or
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| (2) the person wears any portion of his or her
official | 27 |
| uniform, emblem of authority, or equipment while so
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| employed.
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| (m) If information is discovered affecting the
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| registration of a person whose fingerprints were submitted
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| under this Section, the Department shall so notify the agency
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| that submitted the fingerprints on behalf of that person.
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| (n) Peace officers shall be exempt from the requirements
of | 34 |
| this Section relating to permanent employee registration
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| cards. The agency shall remain responsible for any peace
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| officer employed under this exemption, regardless of whether
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| the peace officer is compensated as an employee or as an
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| independent contractor and as further defined by rule.
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| (o) Persons who have no access to confidential or
security | 4 |
| information and who otherwise do not provide
traditional | 5 |
| security services are exempt from employee
registration. | 6 |
| Examples of exempt employees include, but are
not limited to, | 7 |
| employees working in the capacity of ushers,
directors, ticket | 8 |
| takers, cashiers, drivers, and reception
personnel. | 9 |
| Confidential or security information is that which
pertains to | 10 |
| employee files, scheduling, client contracts, or
technical | 11 |
| security and alarm data.
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| (Source: P.A. 93-438, eff. 8-5-03.)
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| (225 ILCS 447/40-10)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 40-10. Disciplinary sanctions.
| 16 |
| (a) The Department may deny issuance, refuse to renew,
or | 17 |
| restore or may reprimand, place on probation, suspend, or
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| revoke any license, registration, permanent employee
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| registration card, or firearm authorization card, and it may
| 20 |
| impose a fine not to exceed $1,500 for a first violation and
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| not to exceed $5,000 for a second or subsequent violation for
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| any of the following:
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| (1) Fraud or deception in obtaining or renewing of
a | 24 |
| license or registration.
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| (2) Professional incompetence as manifested by poor
| 26 |
| standards of service.
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| (3) Engaging in dishonorable, unethical, or
| 28 |
| unprofessional conduct of a character likely to deceive,
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| defraud, or harm the public.
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| (4) Conviction in Illinois or another state of (i) any
| 31 |
| crime that is a felony under the laws of Illinois; a felony | 32 |
| in
a federal court; a misdemeanor, an essential element of | 33 |
| which
is dishonesty; or directly related to professional | 34 |
| practice ; or (ii) any 2 or more violent offenses towards | 35 |
| persons or property .
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| (5) Performing any services in a grossly negligent
| 2 |
| manner or permitting any of a licensee's employees to | 3 |
| perform
services in a grossly negligent manner, regardless | 4 |
| of whether
actual damage to the public is established.
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| (6) Continued practice, although the person
has become | 6 |
| unfit to practice due to any of the
following:
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| (A) Physical illness, including, but not
limited | 8 |
| to, deterioration through the aging process or loss of
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| motor skills that results in the inability to serve the | 10 |
| public
with reasonable judgment, skill, or safety.
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| (B) Mental disability demonstrated by the
entry of | 12 |
| an order or judgment by a court that a
person is in | 13 |
| need of mental treatment or is incompetent.
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| (C) Addiction to or dependency on alcohol or
drugs | 15 |
| that is likely to endanger the public. If the
| 16 |
| Department has reasonable cause to believe that a | 17 |
| person is
addicted to or dependent on alcohol or drugs | 18 |
| that
may endanger the public, the Department may | 19 |
| require the
person to undergo an examination to | 20 |
| determine the
extent of the addiction or dependency.
| 21 |
| (7) Receiving, directly or indirectly, compensation
| 22 |
| for any services not rendered.
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| (8) Willfully deceiving or defrauding the public on
a | 24 |
| material matter.
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| (9) Failing to account for or remit any moneys or
| 26 |
| documents coming into the licensee's possession that
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| belong to another person or entity.
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| (10) Discipline by another United States
jurisdiction | 29 |
| or foreign nation, if at least one of the grounds
for the | 30 |
| discipline is the same or substantially equivalent to
those | 31 |
| set forth in this Act.
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| (11) Giving differential treatment to a person that
is | 33 |
| to that person's detriment because of race, color, creed,
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| sex, religion, or national origin.
| 35 |
| (12) Engaging in false or misleading advertising.
| 36 |
| (13) Aiding, assisting, or willingly permitting
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| another person to violate this Act or rules promulgated | 2 |
| under
it.
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| (14) Performing and charging for services without
| 4 |
| authorization to do so from the person or entity serviced.
| 5 |
| (15) Directly or indirectly offering or accepting
any | 6 |
| benefit to or from any employee, agent, or fiduciary
| 7 |
| without the consent of the latter's employer or principal | 8 |
| with
intent to or the understanding that this action will | 9 |
| influence
his or her conduct in relation to his or her | 10 |
| employer's or
principal's affairs.
| 11 |
| (16) Violation of any disciplinary order imposed on
a | 12 |
| licensee by the Department.
| 13 |
| (17) Failing to comply with any provision of this
Act | 14 |
| or rule promulgated under it.
| 15 |
| (18) Conducting an agency without a valid license.
| 16 |
| (19) Revealing confidential information, except as
| 17 |
| required by law, including but not limited to information
| 18 |
| available under Section 2-123 of the Illinois Vehicle Code.
| 19 |
| (20) Failing to make available to the Department,
upon | 20 |
| request, any books, records, or forms required by this
Act.
| 21 |
| (21) Failing, within 30 days, to respond to a
written | 22 |
| request for information from the Department.
| 23 |
| (22) Failing to provide employment information or
| 24 |
| experience information required by the Department | 25 |
| regarding an
applicant for licensure.
| 26 |
| (23) Failing to make available to the Department at
the | 27 |
| time of the request any indicia of licensure or
| 28 |
| registration issued under this Act.
| 29 |
| (24) Purporting to be a licensee-in-charge of an
agency | 30 |
| without active participation in the agency.
| 31 |
| (b) The Department shall seek to be consistent in the
| 32 |
| application of disciplinary sanctions.
| 33 |
| (Source: P.A. 93-438, eff. 8-5-03.)
|
|