Full Text of SB3302 98th General Assembly
SB3302enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Fire
Equipment Distributor and
Employee | 5 | | Regulation Act of 2011 is amended by changing Sections 40 and | 6 | | 60 as follows: | 7 | | (225 ILCS 217/40) | 8 | | (Section scheduled to be repealed on January 1, 2023)
| 9 | | Sec. 40. Qualifications for licensure; fees. | 10 | | (a) No person shall engage in practice as a fire equipment | 11 | | distributor or
fire equipment employee without first
applying | 12 | | for and obtaining a license for that purpose from the Office of
| 13 | | the State Fire Marshal.
| 14 | | (b) To qualify for a Class A Fire Equipment Distributor | 15 | | License to service,
recharge,
hydro-test, install, maintain, | 16 | | or inspect all types of fire extinguishers, an
applicant must | 17 | | provide all of the following:
| 18 | | (1) An annual license fee of $100.
| 19 | | (2) Evidence of registration as an Illinois | 20 | | corporation or
evidence of compliance with the Assumed | 21 | | Business Name Act.
| 22 | | (3) Evidence of financial responsibility in a minimum | 23 | | amount of
$300,000 through liability insurance, |
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| 1 | | self-insurance,
group insurance, group self-insurance, or | 2 | | risk retention groups.
| 3 | | (c) To qualify for a Class B Fire Equipment Distributor | 4 | | License to service,
recharge,
hydro-test, install, maintain, | 5 | | or inspect all types of pre-engineered fire
extinguishing | 6 | | systems, an applicant must provide all of the following:
| 7 | | (1) An annual license fee of $200.
| 8 | | (2) Evidence of registration as an Illinois | 9 | | corporation or
evidence of compliance with the Assumed | 10 | | Business Name Act.
| 11 | | (3) Evidence of financial responsibility in a minimum | 12 | | amount of
$300,000 through liability insurance, | 13 | | self-insurance, group insurance, group
self-insurance, or | 14 | | risk retention groups.
| 15 | | (4) Evidence of owning, leasing, renting, or having | 16 | | access to proper
testing equipment that is in compliance | 17 | | with the national standards adopted
by the State Fire | 18 | | Marshal for the maintenance and operation of testing
tools | 19 | | for use with all Class B fire equipment.
| 20 | | (d) To qualify for a Class C Fire Equipment Distributor | 21 | | License to service,
repair,
hydro-test, inspect, and engineer | 22 | | all types of engineered fire suppression
systems, an applicant | 23 | | must provide all of the following:
| 24 | | (1) An annual license fee of $300.
| 25 | | (2) Evidence of registration as an Illinois | 26 | | corporation or
evidence of compliance with the Assumed |
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| 1 | | Business Name Act.
| 2 | | (3) Evidence of financial responsibility in a minimum | 3 | | amount of
$300,000 through liability insurance, | 4 | | self-insurance, group insurance,
group self-insurance, or | 5 | | risk retention groups.
| 6 | | (4) Evidence of owning, leasing, renting, or having | 7 | | access to proper
testing equipment that is in compliance | 8 | | with the national standards adopted
by the State Fire | 9 | | Marshal for the maintenance and operation of testing
tools | 10 | | for use with all Class C fire equipment.
| 11 | | (e) To qualify for a Class 1 Fire Equipment Employee | 12 | | License to service,
recharge, hydro-test, install, maintain, | 13 | | or inspect all types
of fire extinguishers, an applicant must | 14 | | complete all of the following:
| 15 | | (1) Pass the ICC/NAFED examination administered by the | 16 | | ICC as a technician certified to service a Portable Fire | 17 | | Extinguisher.
| 18 | | (2) Pay an annual license fee of $20.
| 19 | | (3) Provide 2 copies of a current photograph at least | 20 | | 1" x 1" in size. An applicant who is 21 years of age or | 21 | | older seeking a religious exemption to this photograph | 22 | | requirement shall furnish with his or her application an | 23 | | approved copy of United States Department of the Treasury | 24 | | Internal Revenue Service Form 4029. Regardless of age, an | 25 | | applicant seeking a religious exemption to this photograph | 26 | | requirement shall submit fingerprints in a form and manner |
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| 1 | | prescribed by the State Fire Marshal with his or her | 2 | | application in lieu of a photograph.
| 3 | | (f) To qualify for a Class 2I Fire Equipment Employee | 4 | | License to service,
recharge, hydro-test, install, maintain, | 5 | | or inspect all types
of pre-engineered industrial fire | 6 | | extinguishing systems, an applicant must complete all of
the | 7 | | following:
| 8 | | (1) Pass the ICC/NAFED examination administered by the | 9 | | ICC as a technician certified to service Pre-Engineered | 10 | | Industrial Fire Suppression Systems.
| 11 | | (2) Pay an annual license fee of $20.
| 12 | | (3) Provide 2 copies of a current photograph at least | 13 | | 1" x 1" in size. An applicant who is 21 years of age or | 14 | | older seeking a religious exemption to this photograph | 15 | | requirement shall furnish with his or her application an | 16 | | approved copy of United States Department of the Treasury | 17 | | Internal Revenue Service Form 4029. Regardless of age, an | 18 | | applicant seeking a religious exemption to this photograph | 19 | | requirement shall submit fingerprints in a form and manner | 20 | | prescribed by the State Fire Marshal with his or her | 21 | | application in lieu of a photograph.
| 22 | | (f-5) To qualify for a Class 2K Fire Equipment Employee | 23 | | License to service, recharge, hydro-test, install, maintain, | 24 | | or inspect all types of pre-engineered kitchen fire | 25 | | extinguishing systems, an applicant must complete all of the | 26 | | following: |
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| 1 | | (1) Pass the ICC/NAFED examination administered by the | 2 | | ICC as a technician certified to service Pre-Engineered | 3 | | Kitchen Fire Extinguishing Systems. | 4 | | (2) Pay an annual fee of $20. | 5 | | (3) Provide 2 copies of a current photograph at least | 6 | | 1" x 1" in size. An applicant who is 21 years of age or | 7 | | older seeking a religious exemption to this photograph | 8 | | requirement shall furnish with his or her application an | 9 | | approved copy of United States Department of the Treasury | 10 | | Internal Revenue Service Form 4029. Regardless of age, an | 11 | | applicant seeking a religious exemption to this photograph | 12 | | requirement shall submit fingerprints in a form and manner | 13 | | prescribed by the State Fire Marshal with his or her | 14 | | application in lieu of a photograph. | 15 | | (g) To qualify for a Class 3 Fire Equipment Employee | 16 | | License to service,
recharge, hydro-test, maintain, inspect, | 17 | | or engineer all
types of engineered fire extinguishing systems, | 18 | | an applicant must complete all
of the following:
| 19 | | (1) Pass the examination.
| 20 | | (2) Pay an annual license fee of $20.
| 21 | | (3) Provide a current photograph at least 1" x 1" in | 22 | | size. An applicant who is 21 years of age or older seeking | 23 | | a religious exemption to this photograph requirement shall | 24 | | furnish with his or her application an approved copy of | 25 | | United States Department of the Treasury Internal Revenue | 26 | | Service Form 4029. Regardless of age, an applicant seeking |
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| 1 | | a religious exemption to this photograph requirement shall | 2 | | submit fingerprints in a form and manner prescribed by the | 3 | | State Fire Marshal with his or her application in lieu of a | 4 | | photograph.
| 5 | | (h) All licenses issued under this Act shall remain in | 6 | | effect unless the licensee is otherwise notified by the Office | 7 | | of the State Fire Marshal. | 8 | | (Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.) | 9 | | (225 ILCS 217/60) | 10 | | (Section scheduled to be repealed on January 1, 2023)
| 11 | | Sec. 60. Issuance of license; renewal. | 12 | | (a) The State Fire Marshal shall, upon the applicant's | 13 | | satisfactory
completion of the requirements authorized under | 14 | | this Act and upon receipt
of the requisite fees, issue the | 15 | | appropriate license and wallet card showing
the name and | 16 | | business location of the licensee, the dates of issuance and
| 17 | | expiration, and shall contain a photograph of the licensee | 18 | | provided to the
State Fire Marshal. An applicant who is 21 | 19 | | years of age or older seeking a religious exemption to the | 20 | | photograph required by this subsection shall furnish with his | 21 | | or her application an approved copy of United States Department | 22 | | of the Treasury Internal Revenue Service Form 4029. Regardless | 23 | | of age, an applicant seeking a religious exemption to this | 24 | | photograph requirement shall submit fingerprints in a form and | 25 | | manner prescribed by the State Fire Marshal with his or her |
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| 1 | | application in lieu of a photograph.
| 2 | | (b) Any license valid on December 31, 2010 under the Fire | 3 | | Equipment Distributor and Employee Regulation Act of 2000 shall | 4 | | be a valid license under this Act and expires when the valid | 5 | | license issued under the Fire Equipment Distributor and | 6 | | Employee Regulation Act of 2000 was scheduled to expire.
| 7 | | (c) Each licensee may apply for renewal of his license upon | 8 | | payment of
fees, as set forth in this Act. The expiration date | 9 | | and renewal period
for each license issued under this Act shall | 10 | | be set by rule. Failure to
renew within 60 days of the | 11 | | expiration date shall lapse the license. A lapsed
license
may | 12 | | not be reinstated until a written application is filed, the | 13 | | renewal
fee is paid, and a $50 reinstatement fee is paid. | 14 | | Renewal and reinstatement
fees shall be waived for persons who | 15 | | did not renew while on active duty
in the military and who file | 16 | | for renewal or restoration within one year after
discharge from | 17 | | such service. A lapsed license may not be reinstated after
5 | 18 | | years have elapsed, except upon passing an examination to | 19 | | determine fitness
to have the license restored and by paying | 20 | | the required fees.
| 21 | | (d) As a condition of renewal of a license, the State Fire | 22 | | Marshal may
require the licensee to report information | 23 | | pertaining to his practice which
the State Fire Marshal | 24 | | determines to be in the interest of public safety.
| 25 | | (e) All fees paid under this Act
are non-refundable.
| 26 | | (Source: P.A. 96-1499, eff. 1-18-11 .) |
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| 1 | | Section 10. The Pyrotechnic
Distributor and
Operator | 2 | | Licensing Act is amended by changing Section 50 as follows:
| 3 | | (225 ILCS 227/50)
| 4 | | Sec. 50. Issuance of license; renewal; fees nonrefundable.
| 5 | | (a) The Office, upon the applicant's satisfactory | 6 | | completion of
the
requirements imposed under this Act and upon | 7 | | receipt of the requisite
fees, shall
issue the appropriate | 8 | | license showing the name, address, and photograph of
the
| 9 | | licensee and the dates of issuance and expiration. The license | 10 | | shall include the name of the pyrotechnic distributor or | 11 | | production company employing the lead pyrotechnic operator or | 12 | | insuring the lead pyrotechnic operator as an additional named | 13 | | insured on the pyrotechnic distributor's product liability and | 14 | | general liability insurance, as required under paragraphs (2) | 15 | | and (3) of subsection (c) of Section 35, or insuring the lead | 16 | | pyrotechnic operator as an additional named insured on the | 17 | | production company's general liability insurance, as required | 18 | | under paragraph (1) of subsection (c-3) of Section 35. A lead | 19 | | pyrotechnic operator is required to have a separate license for | 20 | | each pyrotechnic distributor or production company who employs | 21 | | the lead pyrotechnic operator or insures the lead pyrotechnic | 22 | | operator as an additional named insured on the pyrotechnic | 23 | | distributor's product liability and general liability | 24 | | insurance, as required under paragraphs (2) and (3) of |
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| 1 | | subsection (c) of Section 35, or insures the lead pyrotechnic | 2 | | operator as an additional named insured on the production | 3 | | company's general liability insurance, as required under | 4 | | paragraph (1) of subsection (c-3) of Section 35.
| 5 | | (b) Each licensee may apply for renewal of his or her | 6 | | license upon
payment of the applicable
fees. The expiration | 7 | | date and renewal period for each
license
issued under this Act | 8 | | shall be set by rule. Failure to renew within 60 days of
the | 9 | | expiration date
results in lapse of the license. A lapsed | 10 | | license may not be reinstated until a
written
application is | 11 | | filed, the renewal fee is paid, and the reinstatement fee
| 12 | | established by the
Office is paid. Renewal and reinstatement | 13 | | fees shall be waived for persons
who did not
renew while on | 14 | | active duty in the military and who file for renewal or
| 15 | | restoration
within one year after discharge from the service. A | 16 | | lapsed license may not
be
reinstated after 5 years have elapsed | 17 | | except upon passing an examination to
determine
fitness to have | 18 | | the license restored and by paying the required fees.
| 19 | | (c) All fees paid under this Act are nonrefundable.
| 20 | | (d) A production company licensed under this Act shall pay | 21 | | all applicable licensing fees for each lead pyrotechnic | 22 | | operator it employs or insures as an additional named insured | 23 | | on the production company's general liability insurance, as | 24 | | required under paragraph (1) of subsection (c-3) of Section 35. | 25 | | (e) An applicant who is 21 years of age or older seeking a | 26 | | religious exemption to the photograph requirement of this |
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| 1 | | Section shall furnish with his or her application an approved | 2 | | copy of United States Department of the Treasury Internal | 3 | | Revenue Service Form 4029. Regardless of age, an applicant | 4 | | seeking a religious exemption to this photograph requirement | 5 | | shall submit fingerprints in a form and manner prescribed by | 6 | | the Office with his or her application in lieu of a photograph. | 7 | | (Source: P.A. 96-708, eff. 8-25-09; 97-164, eff. 1-1-12.)
| 8 | | Section 15. The Elevator Safety and Regulation Act is | 9 | | amended by adding Section 66 as follows: | 10 | | (225 ILCS 312/66 new) | 11 | | Sec. 66. Licenses; photo exemption. An applicant who is 21 | 12 | | years of age or older seeking a religious exemption to the | 13 | | requirement under this Act that all licenses contain the | 14 | | licensees' photo shall furnish with his or her application an | 15 | | approved copy of United States Department of the Treasury | 16 | | Internal Revenue Service Form 4029. Regardless of age, an | 17 | | applicant seeking a religious exemption to this photo | 18 | | requirement shall submit fingerprints in a form and manner | 19 | | prescribed by the Board with his or her application in lieu of | 20 | | a photo. | 21 | | Section 20. The Illinois Plumbing License Law is amended by | 22 | | changing Sections 11 and 16 as follows:
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| 1 | | (225 ILCS 320/11) (from Ch. 111, par. 1110)
| 2 | | Sec. 11.
The Director shall issue a plumber's license to | 3 | | each applicant
who successfully passes the examination and has | 4 | | paid to the Department the
required license fee. Each plumber's | 5 | | license shall be issued in the name
of the Department with the | 6 | | seal thereof attached. Each plumber's license shall be composed | 7 | | of a solid plastic card that includes a photo of the licensed | 8 | | plumber printed directly on the card.
| 9 | | A person once licensed as a plumber under the provisions of | 10 | | this Act shall not
be relicensed except by renewal or | 11 | | restoration of such license as provided in this Act.
| 12 | | An applicant who is 21 years of age or older seeking a | 13 | | religious exemption to the photo requirement of this Section | 14 | | shall furnish with his or her application an approved copy of | 15 | | United States Department of the Treasury Internal Revenue | 16 | | Service Form 4029. Regardless of age, an applicant seeking a | 17 | | religious exemption to this photo requirement shall submit | 18 | | fingerprints in a form and manner prescribed by the Department | 19 | | with his or her application in lieu of a photo. | 20 | | (Source: P.A. 97-1137, eff. 6-1-13 .)
| 21 | | (225 ILCS 320/16) (from Ch. 111, par. 1115)
| 22 | | Sec. 16.
(1) Any city, village or incorporated town, having | 23 | | a population of
500,000 or more may, by an ordinance containing | 24 | | provisions substantially
the same as those in this Act and | 25 | | specifying educational or experience
requirements equivalent |
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| 1 | | to those prescribed in this Act, provide for a
board of | 2 | | plumbing examiners to conduct examinations for, and to issue,
| 3 | | suspend, or revoke, plumbers' licenses, within such city, | 4 | | village or
incorporated town. Upon the enactment of such | 5 | | ordinance the provisions of
this act shall not apply within any | 6 | | such municipality except as otherwise
provided herein.
| 7 | | (2) Any person licensed as a plumber pursuant to such | 8 | | ordinance, or
licensed by the Department under this Act, may | 9 | | engage in plumbing anywhere
in this State.
| 10 | | (3) Any board of plumbing examiners created pursuant to | 11 | | this Section
shall maintain a current record similar to that | 12 | | required of the Director by
Section 8 of this Act, and shall | 13 | | provide the Department with a copy
thereof. The Department | 14 | | shall be advised of changes in such record at least
every six | 15 | | months.
| 16 | | (4) In the event that the plumbing contractor's license is | 17 | | suspended or revoked by any city, village, or incorporated | 18 | | town, having a population of 500,000 or more, the city, | 19 | | village, or incorporated town shall notify the Department. | 20 | | (5) Any city, village, or incorporated town having a | 21 | | population of
500,000 or more that licenses an individual as a | 22 | | plumber shall provide a license composed of a solid plastic | 23 | | card that includes a photo of the licensed plumber printed | 24 | | directly on the card. An applicant who is 21 years of age or | 25 | | older seeking a religious exemption to the photo requirement of | 26 | | this subsection shall furnish with his or her application an |
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| 1 | | approved copy of United States Department of the Treasury | 2 | | Internal Revenue Service Form 4029. Regardless of age, an | 3 | | applicant seeking a religious exemption to this photo | 4 | | requirement shall submit fingerprints in a form and manner | 5 | | prescribed by the city, village, or incorporated town with his | 6 | | or her application in lieu of a photo. | 7 | | (Source: P.A. 97-365, eff. 1-1-12; 97-1137, eff. 6-1-13 .)
| 8 | | Section 25. The Collateral Recovery Act is amended by | 9 | | changing Sections 35, 40, and 45 as follows: | 10 | | (225 ILCS 422/35)
| 11 | | (Section scheduled to be repealed on January 1, 2022) | 12 | | Sec. 35. Application for repossession agency licensure. | 13 | | (a) Application for original licensure as a repossession | 14 | | agency shall be made to the Commission in writing on forms | 15 | | prescribed by the Commission and shall be accompanied by the | 16 | | appropriate documentation and the required fee, and the fee is | 17 | | nonrefundable. | 18 | | (b) Every application shall state, in addition to any other | 19 | | requirements, (i) the name of the applicant, (ii) the name | 20 | | under which the applicant shall do business, (iii) the proposed | 21 | | location of the agency by number, street, and city, and (iv) | 22 | | the proposed location of the agency's remote storage location | 23 | | or locations by number, street, and city, (v) the proposed | 24 | | location of the Agency's branch office or branch offices by |
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| 1 | | number, street, and city, and (vi) the usual business hours | 2 | | that the agency shall maintain. | 3 | | (c) No license may be issued (i) in any fictitious name | 4 | | that may be confused with or is similar to any federal, state, | 5 | | county, or municipal government function or agency, (ii) in any | 6 | | name that may tend to describe any business function or | 7 | | enterprise not actually engaged in by the applicant, (iii) in | 8 | | any name that is the same as or similar to any existing | 9 | | licensed company and that would tend to deceive the public, | 10 | | (iv) in any name that would tend to be deceptive or misleading, | 11 | | or (v) to any repossession agency applicant without that | 12 | | agency's location or branch office location maintaining a | 13 | | secured storage facility as defined in Section 10 of this Act. | 14 | | (d) If the applicant for repossession agency licensure is | 15 | | an individual, then his or her application shall include (i) | 16 | | the full residential address of the applicant and (ii) either | 17 | | the sworn statement of the applicant declaring that he or she | 18 | | is the licensed recovery manager who shall be personally in | 19 | | control of the agency for which the licensure is sought, or the | 20 | | name and signed sworn statement of the licensed recovery | 21 | | manager who shall be in control or management of the agency. | 22 | | (e) If the applicant for repossession agency licensure is a | 23 | | partnership, then the application shall include (i) a statement | 24 | | of the names and full residential addresses of all partners in | 25 | | the business and (ii) a sworn statement signed by each partner | 26 | | verifying the name of the person who is a licensed recovery |
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| 1 | | manager and shall be in control or management of the business. | 2 | | If a licensed recovery manager who is not a partner shall be in | 3 | | control or management of the agency, then he or she must also | 4 | | sign the sworn statement. The application shall also state | 5 | | whether any of the partners has ever used an alias. | 6 | | (f) If the applicant for licensure as a repossession agency | 7 | | is a corporation, then the application shall include (i) the | 8 | | names and full residential addresses of all corporation | 9 | | officers and (ii) a sworn statement signed by a duly authorized | 10 | | officer of the corporation verifying the name of the person who | 11 | | is a licensed recovery manager and shall be in control or | 12 | | management of the agency. If a licensed recovery manager who is | 13 | | not an officer shall be in control or management of the agency, | 14 | | then he or she must also sign the sworn statement. The | 15 | | application shall also state whether any of the officers has | 16 | | ever used an alias. | 17 | | (g) If the applicant for licensure as a repossession agency | 18 | | is a limited liability company, then the application shall | 19 | | include (i) the names and full residential addresses of all | 20 | | members and (ii) a sworn statement signed by each member | 21 | | verifying the name of the person who is a licensed recovery | 22 | | manager and shall be in control or management of the agency. If | 23 | | a licensed recovery manager who is not a member shall be in | 24 | | control or management of the agency, then he or she must also | 25 | | sign the sworn statement. The application shall also state | 26 | | whether any of the members has ever used an alias. |
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| 1 | | (h) Each individual, partner of a partnership, officer of a | 2 | | corporation, or member of a limited liability company shall | 3 | | submit with the application a copy of one form of personal | 4 | | identification upon which must appear a photograph taken within | 5 | | one year immediately preceding the date of the filing of the | 6 | | application. An applicant who is 21 years of age or older | 7 | | seeking a religious exemption to the photograph requirement of | 8 | | this subsection shall furnish with the application an approved | 9 | | copy of United States Department of the Treasury Internal | 10 | | Revenue Service Form 4029. Regardless of age, an applicant | 11 | | seeking a religious exemption to this photograph requirement | 12 | | shall submit fingerprints in a form and manner prescribed by | 13 | | the Commission with his or her application in lieu of a | 14 | | photograph. | 15 | | (i) No examination shall be required for licensure as a | 16 | | repossession agency by the Commission. | 17 | | (j) The Commission may require any additional information | 18 | | that, in the judgment of the Commission, shall enable the | 19 | | Commission to determine the qualifications of the applicant for | 20 | | licensure. | 21 | | (k) Applicants have 90 days from the date of application to | 22 | | complete the application process. If the application has not | 23 | | been completed within 90 days, then the application shall be | 24 | | denied, the fee shall be forfeited, and the applicant must | 25 | | reapply and meet the requirements in effect at the time of | 26 | | reapplication. |
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| 1 | | (l) Nothing in this Section precludes a domestic or foreign | 2 | | limited liability company being licensed as a repossession | 3 | | agency. | 4 | | (m) A repossession agency license may be transferable upon | 5 | | prior notice to the Commission and upon completion of all | 6 | | requirements relative to the application process for | 7 | | repossession agency licensure. | 8 | | (n) Repossessions performed in this State must be performed | 9 | | by
repossession agencies, their employees, or agents licensed | 10 | | by the Commission, with the exception of financial institutions | 11 | | or the employees of a financial institution that are exempt | 12 | | under subsection (d) of Section 30 of this Act.
| 13 | | (Source: P.A. 97-576, eff. 7-1-12 .) | 14 | | (225 ILCS 422/40)
| 15 | | (Section scheduled to be repealed on January 1, 2022) | 16 | | Sec. 40. Qualifications for recovery manager; | 17 | | identification card. | 18 | | (a) An applicant is qualified for licensure as a recovery | 19 | | manager if that person meets all of the following requirements: | 20 | | (1) Is 21 years of age or older. | 21 | | (2) Has not been convicted in any jurisdiction of any | 22 | | felony or at least 10 years has passed from the time of | 23 | | discharge from any sentence imposed for a felony. | 24 | | (3) Has completed no less than 2,500 hours of actual | 25 | | compensated collateral recovery work as an employee of a |
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| 1 | | repossession agency, a financial institution, or a vehicle | 2 | | dealer within the 5 years immediately preceding the filing | 3 | | of an application, acceptable proof of which must be | 4 | | submitted to the Commission. | 5 | | (4) Has submitted to the Commission 2 sets of | 6 | | fingerprints, which shall be checked against the | 7 | | fingerprint records on file with the Illinois State Police | 8 | | and the Federal Bureau of Investigation in the manner set | 9 | | forth in Section 60 of this Act. | 10 | | (5) Has successfully completed a certification program | 11 | | approved by the Commission. | 12 | | (6) Has paid the required application fees. | 13 | | (b) Upon the issuance of a recovery manager license, the | 14 | | Commission shall issue the license holder a suitable pocket | 15 | | identification card that shall include a photograph of the | 16 | | license holder. The identification card must contain the name | 17 | | of the license holder and any other information required by the | 18 | | Commission. An applicant who is 21 years of age or older | 19 | | seeking a religious exemption to the photograph requirement of | 20 | | this subsection shall furnish with his or her application an | 21 | | approved copy of United States Department of the Treasury | 22 | | Internal Revenue Service Form 4029. | 23 | | (c) A recovery manager license is not transferable.
| 24 | | (Source: P.A. 97-576, eff. 7-1-12 .) | 25 | | (225 ILCS 422/45)
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| 1 | | (Section scheduled to be repealed on January 1, 2022) | 2 | | Sec. 45. Repossession agency employee requirements. | 3 | | (a) All employees of a licensed repossession agency whose | 4 | | duties include the actual repossession of collateral must apply | 5 | | for a recovery permit. The holder of a repossession agency | 6 | | license issued under this Act, known in this Section as the | 7 | | "employer", may employ in the conduct of the business under the | 8 | | following provisions: | 9 | | (1) No person may be issued a recovery permit who meets | 10 | | any of the following criteria: | 11 | | (A) Is younger than 21 years of age. | 12 | | (B) Has been determined by the Commission to be | 13 | | unfit by reason of conviction of an offense in this or | 14 | | another state, other than a minor traffic offense. The | 15 | | Commission shall adopt rules for making those | 16 | | determinations. | 17 | | (C) Has had a license or recovery permit denied, | 18 | | suspended, or revoked under this Act. | 19 | | (D) Has not successfully completed a certification | 20 | | program approved by the Commission. | 21 | | (2) No person may be employed by a repossession agency | 22 | | under this Section until he or she has executed and | 23 | | furnished to the Commission, on forms furnished by the | 24 | | Commission, a verified statement to be known as an | 25 | | "Employee's Statement" setting forth all of the following: | 26 | | (A) The person's full name, age, and residence |
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| 1 | | address. | 2 | | (B) The business or occupation engaged in for the 5 | 3 | | years immediately before the date of the execution of | 4 | | the statement, the place where the business or | 5 | | occupation was engaged in, and the names of the | 6 | | employers, if any. | 7 | | (C) That the person has not had a license or | 8 | | recovery permit denied, revoked, or suspended under | 9 | | this Act. | 10 | | (D) Any conviction of a felony, except as provided | 11 | | for in Section 85. | 12 | | (E) Any other information as may be required by any | 13 | | rule of the Commission to show the good character, | 14 | | competency, and integrity of the person executing the | 15 | | statement. | 16 | | (b) Each applicant for a recovery permit shall have his or | 17 | | her fingerprints submitted to the Commission by a Live Scan | 18 | | fingerprint vendor certified by the Illinois State Police under | 19 | | the Private Detective, Private Alarm, Private Security, | 20 | | Fingerprint Vendor, and Locksmith Act of 2004 in an electronic | 21 | | format that complies with the form and manner for requesting | 22 | | and furnishing criminal history record information as | 23 | | prescribed by the Illinois State Police. These fingerprints | 24 | | shall be checked against the Illinois State Police and Federal | 25 | | Bureau of Investigation criminal history record databases now | 26 | | and hereafter filed. The Commission shall charge applicants a |
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| 1 | | fee for conducting the criminal history records check, which | 2 | | shall not exceed the actual cost of the records check. The | 3 | | Illinois Commerce Commission Police shall furnish, pursuant to | 4 | | positive identification, records of Illinois convictions to | 5 | | the Commission. The Commission, in its discretion, may allow an | 6 | | applicant who does not have reasonable access to a designated | 7 | | vendor to provide his or her fingerprints in an alternative | 8 | | manner. The Commission, in its discretion, may also use other | 9 | | procedures in performing or obtaining criminal history records | 10 | | checks of applicants. Instead of submitting his or her | 11 | | fingerprints, an individual may submit proof that is | 12 | | satisfactory to the Commission that an equivalent security | 13 | | clearance has been conducted. | 14 | | (c) Qualified applicants shall purchase a recovery permit | 15 | | from the Commission and in a form that the Commission | 16 | | prescribes. The Commission shall notify the submitting person | 17 | | within 10 days after receipt of the application of its intent | 18 | | to issue or deny the recovery permit. The holder of a recovery | 19 | | permit shall carry the recovery permit at all times while | 20 | | actually engaged in the performance of the duties of his or her | 21 | | employment. No recovery permit shall be effective unless | 22 | | accompanied by a license issued by the Commission. Expiration | 23 | | and requirements for renewal of recovery permits shall be | 24 | | established by rule of the Commission. Possession of a recovery | 25 | | permit does not in any way imply that the holder of the | 26 | | recovery permit is employed by any agency unless the recovery |
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| 1 | | permit is accompanied by the employee identification card | 2 | | required by subsection (e) of this Section. | 3 | | (d) Each employer shall maintain a record of each employee | 4 | | that is accessible to the duly authorized representatives of | 5 | | the Commission. The record shall contain all of the following | 6 | | information: | 7 | | (1) A photograph taken within 10 days after the date | 8 | | that the employee begins employment with the employer. The | 9 | | photograph shall be replaced with a current photograph | 10 | | every 3 calendar years. | 11 | | (2) The Employee's Statement specified in paragraph | 12 | | (2) of subsection (a) of this Section. | 13 | | (3) All correspondence or documents relating to the | 14 | | character and integrity of the employee received by the | 15 | | employer from any official source or law enforcement | 16 | | agency. | 17 | | (4) In the case of former employees, the employee | 18 | | identification card of that person issued under subsection | 19 | | (e) of this Section. | 20 | | (e) Every employer shall furnish an employee | 21 | | identification card to each of his or her employees. This | 22 | | subsection (e) shall not apply to office or clerical personnel. | 23 | | This employee identification card shall contain a recent | 24 | | photograph of the employee, the employee's name, the name and | 25 | | agency license number of the employer, the employee's personal | 26 | | description, the signature of the employer, the signature of |
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| 1 | | that employee, the date of issuance, and an employee | 2 | | identification card number. | 3 | | (f) No employer may issue an employee identification card | 4 | | to any person who is not employed by the employer in accordance | 5 | | with this Section or falsely state or represent that a person | 6 | | is or has been in his or her employ. It is unlawful for an | 7 | | applicant for registration to file with the Commission the | 8 | | fingerprints of a person other than himself or herself or to | 9 | | fail to exercise due diligence in resubmitting replacement | 10 | | fingerprints for those employees who have had original | 11 | | fingerprint submissions returned as unclassifiable. An agency | 12 | | shall inform the Commission within 15 days after contracting or | 13 | | employing a licensed repossession agency employee. The | 14 | | Commission shall develop a registration process by rule. | 15 | | (g) Every employer shall obtain the identification card of | 16 | | every employee who terminates employment with the employer. An | 17 | | employer shall immediately report an identification card that | 18 | | is lost or stolen to the local police department having | 19 | | jurisdiction over the repossession agency location. | 20 | | (h) No agency may employ any person to perform any activity | 21 | | under this Act unless the person possesses a valid license or | 22 | | recovery permit under this Act. | 23 | | (i) If information is discovered affecting the | 24 | | registration of a person whose fingerprints were submitted | 25 | | under this Section, then the Commission shall so notify the | 26 | | agency that submitted the fingerprints on behalf of that |
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| 1 | | person. | 2 | | (j) A person employed under this Section shall have 15 | 3 | | business days within which to notify the Commission of any | 4 | | change in employer, but may continue working under any other | 5 | | recovery permits granted as an employee or independent | 6 | | contractor. | 7 | | (k) This Section applies only to those employees of | 8 | | licensed repossession agencies whose duties include actual | 9 | | repossession of collateral.
| 10 | | (l) An applicant who is 21 years of age or older seeking a | 11 | | religious exemption to the photograph requirement of this | 12 | | Section shall furnish with his or her application an approved | 13 | | copy of United States Department of the Treasury Internal | 14 | | Revenue Service Form 4029. Regardless of age, an applicant | 15 | | seeking a religious exemption to this photograph requirement | 16 | | shall submit fingerprints in a form and manner prescribed by | 17 | | the Commission with his or her application in lieu of a | 18 | | photograph. | 19 | | (Source: P.A. 97-576, eff. 7-1-12 .) | 20 | | Section 30. The Private Detective, Private Alarm, Private | 21 | | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | 22 | | amended by changing Section 35-30 as follows:
| 23 | | (225 ILCS 447/35-30)
| 24 | | (Section scheduled to be repealed on January 1, 2024)
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| 1 | | Sec. 35-30. Employee requirements. All employees of a
| 2 | | licensed agency, other than those exempted, shall apply for a
| 3 | | permanent employee registration card. The holder of an agency
| 4 | | license issued under this Act, known in this Section as
| 5 | | "employer", may employ in the conduct of his or her business
| 6 | | employees under the following provisions:
| 7 | | (a) No person shall be issued a permanent employee
| 8 | | registration card who:
| 9 | | (1) Is younger than 18 years of age.
| 10 | | (2) Is younger than 21 years of age if the
services | 11 | | will include being armed.
| 12 | | (3) Has been determined by the Department to
be unfit | 13 | | by reason of conviction of an offense in this or
another | 14 | | state, including registration as a sex offender, but not | 15 | | including a traffic offense. Persons convicted of felonies | 16 | | involving bodily harm, weapons, violence, or theft within | 17 | | the previous 10 years shall be presumed to be unfit for | 18 | | registration. The Department
shall adopt rules for making | 19 | | those determinations that shall
afford the applicant due | 20 | | process of law.
| 21 | | (4) Has had a license or permanent employee
| 22 | | registration card denied, suspended, or revoked under this | 23 | | Act (i) within one
year before the date the
person's | 24 | | application for permanent employee registration card
is | 25 | | received by the Department; and (ii) that refusal, denial,
| 26 | | suspension, or revocation was based on any provision of |
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| 1 | | this
Act other than Section 40-50,
item (6) or (8) of | 2 | | subsection (a) of Section 15-10, subsection (b) of Section
| 3 | | 15-10, item (6) or (8) of subsection (a) of Section 20-10, | 4 | | subsection (b) of
Section 20-10, item (6) or (8) of | 5 | | subsection (a) of Section 25-10, subsection
(b) of Section | 6 | | 25-10, item (7) of subsection (a) of Section 30-10,
| 7 | | subsection (b) of Section 30-10, or Section 10-40.
| 8 | | (5) Has been declared incompetent by any court
of | 9 | | competent jurisdiction by reason of mental disease or
| 10 | | defect and has not been restored.
| 11 | | (6) Has been dishonorably discharged from the
armed | 12 | | services of the United States.
| 13 | | (b) No person may be employed by a private
detective | 14 | | agency, private security contractor agency, private
alarm | 15 | | contractor agency, fingerprint vendor agency, or locksmith | 16 | | agency under this
Section until he or she has executed and | 17 | | furnished to the
employer, on forms furnished by the | 18 | | Department, a verified
statement to be known as "Employee's | 19 | | Statement" setting forth:
| 20 | | (1) The person's full name, age, and residence
address.
| 21 | | (2) The business or occupation engaged in for
the 5 | 22 | | years immediately before the date of the execution of
the | 23 | | statement, the place where the business or occupation was
| 24 | | engaged in, and the names of employers, if any.
| 25 | | (3) That the person has not had a license or
employee | 26 | | registration denied, revoked, or suspended under this
Act |
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| 1 | | (i) within one year before the date the person's | 2 | | application
for permanent employee registration card is | 3 | | received by the
Department; and (ii) that refusal, denial, | 4 | | suspension, or
revocation was based on any provision of | 5 | | this Act other than
Section 40-50,
item (6) or (8) of | 6 | | subsection (a) of Section 15-10, subsection (b) of Section
| 7 | | 15-10, item (6) or (8) of subsection (a) of Section 20-10, | 8 | | subsection (b) of
Section 20-10, item (6) or (8) of | 9 | | subsection (a) of Section 25-10, subsection
(b) of Section | 10 | | 25-10, item (7) of subsection (a) of Section 30-10,
| 11 | | subsection (b) of Section 30-10, or Section 10-40.
| 12 | | (4) Any conviction of a felony or misdemeanor.
| 13 | | (5) Any declaration of incompetence by a court
of | 14 | | competent jurisdiction that has not been restored.
| 15 | | (6) Any dishonorable discharge from the armed
services | 16 | | of the United States.
| 17 | | (7) Any other information as may be required by
any | 18 | | rule of the Department to show the good character,
| 19 | | competency, and integrity of the person executing the
| 20 | | statement.
| 21 | | (c) Each applicant for a permanent employee registration
| 22 | | card shall have his or her fingerprints submitted to the
| 23 | | Department of State Police in an electronic format that
| 24 | | complies with the form and manner for requesting and
furnishing | 25 | | criminal history record information as prescribed
by the | 26 | | Department of State Police. These fingerprints shall
be checked |
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| 1 | | against the Department of State Police and Federal
Bureau of | 2 | | Investigation criminal history record databases now
and | 3 | | hereafter filed. The Department of State Police shall
charge | 4 | | applicants a fee for conducting the criminal history
records | 5 | | check, which shall be deposited in the State Police
Services | 6 | | Fund and shall not exceed the actual cost of the
records check. | 7 | | The Department of State Police shall furnish,
pursuant to | 8 | | positive identification, records of Illinois
convictions to | 9 | | the Department. The Department may require
applicants to pay a | 10 | | separate fingerprinting fee, either to the
Department or | 11 | | directly to the vendor. The Department, in
its discretion, may | 12 | | allow an applicant who does not have
reasonable access to a | 13 | | designated vendor to provide his or her
fingerprints in an | 14 | | alternative manner. The
Department, in its discretion, may also | 15 | | use other
procedures in performing or obtaining criminal | 16 | | background
checks of applicants. Instead of submitting his or | 17 | | her
fingerprints, an individual may submit proof that is
| 18 | | satisfactory to the Department that an equivalent security
| 19 | | clearance has been conducted. Also, an individual who has
| 20 | | retired as a peace officer within 12 months of application may
| 21 | | submit verification, on forms provided by the Department and
| 22 | | signed by his or her employer, of his or her previous full-time | 23 | | employment as a
peace officer.
| 24 | | (d) The Department shall issue a permanent employee
| 25 | | registration card, in a form the Department prescribes, to all
| 26 | | qualified applicants.
The holder of a permanent employee |
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| 1 | | registration card shall
carry the card at all times while | 2 | | actually engaged in the
performance of the duties of his or her | 3 | | employment.
Expiration and requirements for renewal of | 4 | | permanent employee
registration cards shall be established by | 5 | | rule of the
Department. Possession of a permanent employee | 6 | | registration
card does not in any way imply that the holder of | 7 | | the card is
employed by an agency unless the permanent employee
| 8 | | registration card is accompanied by the employee
| 9 | | identification card required by subsection (f) of this
Section.
| 10 | | (e) Each employer shall maintain a record of each
employee | 11 | | that is accessible to the duly authorized
representatives of | 12 | | the Department. The record shall contain
the following | 13 | | information:
| 14 | | (1) A photograph taken within 10 days of the date
that | 15 | | the employee begins employment with the employer. The
| 16 | | photograph shall be replaced with a current photograph | 17 | | every 3
calendar years.
| 18 | | (2) The Employee's Statement specified in
subsection | 19 | | (b) of this Section.
| 20 | | (3) All correspondence or documents relating to the
| 21 | | character and integrity of the employee received by the
| 22 | | employer from any official source or law enforcement | 23 | | agency.
| 24 | | (4) In the case of former employees, the employee
| 25 | | identification card of that person issued under subsection | 26 | | (f)
of this Section. Each employee record shall duly note |
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| 1 | | if the
employee is employed in an armed capacity. Armed | 2 | | employee
files shall contain a copy of an active firearm | 3 | | owner's
identification card and a copy of an active firearm
| 4 | | control card. Each employer shall maintain a record for
| 5 | | each armed employee of each instance in which the | 6 | | employee's
weapon was discharged during the course of his | 7 | | or her
professional duties or activities. The record shall | 8 | | be
maintained on forms provided by the Department, a copy | 9 | | of
which must be filed with the Department within 15 days | 10 | | of an
instance. The record shall include the date and time | 11 | | of the
occurrence, the circumstances involved in the | 12 | | occurrence, and
any other information as the Department may | 13 | | require. Failure
to provide this information to the | 14 | | Department or failure to
maintain the record as a part of | 15 | | each armed employee's
permanent file is grounds for | 16 | | disciplinary action. The
Department, upon receipt of a | 17 | | report, shall have the authority
to make any investigation | 18 | | it considers appropriate into any
occurrence in which an | 19 | | employee's weapon was discharged and to
take disciplinary | 20 | | action as may be appropriate.
| 21 | | (5) A copy of the employee's permanent employee | 22 | | registration card or a copy of the Department's "License | 23 | | Lookup" Webpage showing that the employee has been issued a | 24 | | valid permanent employee registration card by the | 25 | | Department.
| 26 | | The Department may, by rule, prescribe further
record |
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| 1 | | requirements.
| 2 | | (f) Every employer shall furnish an employee
| 3 | | identification card to each of his or her employees. This
| 4 | | employee identification card shall contain a recent photograph
| 5 | | of the employee, the employee's name, the name and agency
| 6 | | license number of the employer, the employee's personal
| 7 | | description, the signature of the employer, the signature of
| 8 | | that employee, the date of issuance, and an employee
| 9 | | identification card number.
| 10 | | (g) No employer may issue an employee identification
card | 11 | | to any person who is not employed by the employer in
accordance | 12 | | with this Section or falsely state or represent
that a person | 13 | | is or has been in his or her employ. It is
unlawful for an | 14 | | applicant for registered employment to file
with the Department | 15 | | the fingerprints of a person other than
himself or herself.
| 16 | | (h) Every employer shall obtain the identification card
of | 17 | | every employee who terminates employment with him or her.
| 18 | | (i) Every employer shall maintain a separate roster of
the | 19 | | names of all employees currently working in an armed
capacity | 20 | | and submit the roster to the Department on request.
| 21 | | (j) No agency may employ any person to perform a
licensed | 22 | | activity under this Act unless the person possesses a
valid | 23 | | permanent employee registration card or a valid license
under | 24 | | this Act, or is exempt pursuant to subsection (n).
| 25 | | (k) Notwithstanding the provisions of subsection (j), an
| 26 | | agency may employ a person in a temporary capacity if all of
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| 1 | | the following conditions are met:
| 2 | | (1) The agency completes in its entirety and
submits to | 3 | | the Department an application for a permanent
employee | 4 | | registration card, including the required fingerprint
| 5 | | receipt and fees.
| 6 | | (2) The agency has verification from the Department
| 7 | | that the applicant has no record of any criminal conviction
| 8 | | pursuant to the criminal history check conducted by the
| 9 | | Department of State Police. The agency shall maintain the
| 10 | | verification of the results of the Department of State | 11 | | Police
criminal history check as part of the employee | 12 | | record as
required under subsection (e) of this Section.
| 13 | | (3) The agency exercises due diligence to ensure
that | 14 | | the person is qualified under the requirements of the Act
| 15 | | to be issued a permanent employee registration card.
| 16 | | (4) The agency maintains a separate roster of the
names | 17 | | of all employees whose applications are currently
pending | 18 | | with the Department and submits the roster to the
| 19 | | Department on a monthly basis. Rosters are to be maintained
| 20 | | by the agency for a period of at least 24 months.
| 21 | | An agency may employ only a permanent employee applicant
| 22 | | for which it either submitted a permanent employee application
| 23 | | and all required forms and fees or it confirms with the
| 24 | | Department that a permanent employee application and all
| 25 | | required forms and fees have been submitted by another agency,
| 26 | | licensee or the permanent employee and all other requirements
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| 1 | | of this Section are met.
| 2 | | The Department shall have the authority to revoke,
without | 3 | | a hearing, the temporary authority of an individual to
work | 4 | | upon receipt of Federal Bureau of Investigation
fingerprint | 5 | | data or a report of another official authority
indicating a | 6 | | criminal conviction. If the Department has not
received a | 7 | | temporary employee's Federal Bureau of
Investigation | 8 | | fingerprint data within 120 days of the date the
Department | 9 | | received the Department of State Police fingerprint
data, the | 10 | | Department may, at its discretion, revoke the
employee's | 11 | | temporary authority to work with 15 days written
notice to the | 12 | | individual and the employing agency.
| 13 | | An agency may not employ a person in a temporary capacity
| 14 | | if it knows or reasonably should have known that the person
has | 15 | | been convicted of a crime under the laws of this State,
has | 16 | | been convicted in another state of any crime that is a
crime | 17 | | under the laws of this State, has been convicted of any
crime | 18 | | in a federal court, or has been posted as an unapproved
| 19 | | applicant by the Department. Notice by the Department to the
| 20 | | agency, via certified mail, personal delivery, electronic
| 21 | | mail, or posting on the Department's Internet site accessible
| 22 | | to the agency that the person has been convicted of a crime
| 23 | | shall be deemed constructive knowledge of the conviction on
the | 24 | | part of the agency. The Department may adopt rules to
implement | 25 | | this
subsection (k).
| 26 | | (l) No person may be employed under this Section in any
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| 1 | | capacity if:
| 2 | | (1) the person, while so employed, is being paid by
the | 3 | | United States or any political subdivision for the time so
| 4 | | employed in addition to any payments he or she may receive
| 5 | | from the employer; or
| 6 | | (2) the person wears any portion of his or her
official | 7 | | uniform, emblem of authority, or equipment while so
| 8 | | employed.
| 9 | | (m) If information is discovered affecting the
| 10 | | registration of a person whose fingerprints were submitted
| 11 | | under this Section, the Department shall so notify the agency
| 12 | | that submitted the fingerprints on behalf of that person.
| 13 | | (n) Peace officers shall be exempt from the requirements
of | 14 | | this Section relating to permanent employee registration
| 15 | | cards. The agency shall remain responsible for any peace
| 16 | | officer employed under this exemption, regardless of whether
| 17 | | the peace officer is compensated as an employee or as an
| 18 | | independent contractor and as further defined by rule.
| 19 | | (o) Persons who have no access to confidential or
security | 20 | | information, who do not go to a client's or prospective | 21 | | client's residence or place of business, and who otherwise do | 22 | | not provide
traditional security services are exempt from | 23 | | employee
registration. Examples of exempt employees include, | 24 | | but are
not limited to, employees working in the capacity of | 25 | | ushers,
directors, ticket takers, cashiers, drivers, and | 26 | | reception
personnel. Confidential or security information is |
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| 1 | | that which
pertains to employee files, scheduling, client | 2 | | contracts, or
technical security and alarm data.
| 3 | | (p) An applicant who is 21 years of age or older seeking a | 4 | | religious exemption to the photograph requirement of this | 5 | | Section shall furnish with the application an approved copy of | 6 | | United States Department of the Treasury Internal Revenue | 7 | | Service Form 4029. Regardless of age, an applicant seeking a | 8 | | religious exemption to this photograph requirement shall | 9 | | submit fingerprints in a form and manner prescribed by the | 10 | | Department with his or her application in lieu of a photograph. | 11 | | (Source: P.A. 98-253, eff. 8-9-13.)
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