Full Text of HB3874 96th General Assembly
HB3874sam002 96TH GENERAL ASSEMBLY
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Sen. Kimberly A. Lightford
Filed: 5/6/2009
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LRB096 11737 ASK 25941 a |
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| AMENDMENT TO HOUSE BILL 3874
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| 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:
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| "(225 ILCS 447/5-10)
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| (Section scheduled to be repealed on January 1, 2014)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
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| 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.
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| "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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| 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.
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| "Board" means the Private Detective, Private Alarm, | 5 |
| Private Security, Fingerprint Vendor, and
Locksmith Board.
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| "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.
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| "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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| "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.
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| "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
| 14 |
| Professional Regulation.
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| "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 |
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| 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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| but not limited to
proprietorships and partnerships.
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| "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,
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| 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.
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| "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.
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| "Locksmith licensee-in-charge" means a person who has been | 15 |
| designated by
agency to be the licensee-in-charge of an agency,
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| 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.
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| "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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| "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.
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| "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.
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| "Person" means a natural person.
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| "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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| systems at protected
premises or premises to be protected.
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| "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
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| alarm contractor-in-charge, at least one other person in | 6 |
| conducting such
business.
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| "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.
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| (2) The identity, habits, conduct, business | 26 |
| occupation, honesty,
integrity,
credibility, knowledge, |
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| 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.
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| (7) The protection of individuals from bodily harm or | 15 |
| death (bodyguard
functions).
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| (8) Service of process in criminal and civil | 17 |
| proceedings without court
order.
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| "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 |
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| 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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| for the protection of property owned or controlled
by the | 2 |
| client.
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| (6) The protection of individuals from bodily harm or | 4 |
| death (bodyguard
functions).
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| "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.
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| "Secretary" means the Secretary of Financial and | 24 |
| Professional Regulation.
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| (Source: P.A. 95-613, eff. 9-11-07.)"; and
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| on page 3, immediately below line 25, by inserting the | 2 |
| following:
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| "(225 ILCS 447/20-20)
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| (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.
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| (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. |
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| 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.
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| (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 |
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| 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 |
|
|
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LRB096 11737 ASK 25941 a |
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| 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 |
|
|
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09600HB3874sam002 |
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LRB096 11737 ASK 25941 a |
|
| 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
|
|
|
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09600HB3874sam002 |
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LRB096 11737 ASK 25941 a |
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| 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 |
|
|
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09600HB3874sam002 |
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LRB096 11737 ASK 25941 a |
|
| 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.
|
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09600HB3874sam002 |
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LRB096 11737 ASK 25941 a |
|
| 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.
|
|
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09600HB3874sam002 |
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LRB096 11737 ASK 25941 a |
|
| 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
|
|
|
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09600HB3874sam002 |
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LRB096 11737 ASK 25941 a |
|
| 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 |
|
|
|
09600HB3874sam002 |
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LRB096 11737 ASK 25941 a |
|
| 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 |
|
|
|
09600HB3874sam002 |
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LRB096 11737 ASK 25941 a |
|
| 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 |
|
|
|
09600HB3874sam002 |
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LRB096 11737 ASK 25941 a |
|
| 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.)".
|
|