Full Text of HB3479 94th General Assembly
HB3479 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB3479
Introduced 2/23/2005, by Rep. John J. Millner SYNOPSIS AS INTRODUCED: |
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225 ILCS 447/5-10 |
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225 ILCS 447/10-5 |
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225 ILCS 447/25-5 |
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225 ILCS 447/35-30 |
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225 ILCS 447/35-45 |
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Amends the Private Detective, Private Alarm, Private Security, and
Locksmith Act of 2004. Replaces the definition of "armed proprietary security force" with "proprietary security force". Requires security officers to be registered by the Department of Financial and Professional Regulation. Exempts proprietary security forces from the record-keeping requirements of the Act and, instead, requires proprietary security forces to maintain a file containing certain documents. Exempts all security officers currently employed by qualified employers on the effective date of this amendatory Act from the Act for as long as they remain employed as a security officer by their current employer. Makes related changes.
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A BILL FOR
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HB3479 |
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LRB094 08912 RAS 39132 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Private Detective, Private Alarm, Private | 5 |
| Security, and
Locksmith Act of 2004 is amended by changing | 6 |
| Sections 5-10, 10-5, 35-30, 35-45, and 25-5 as follows:
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| (225 ILCS 447/5-10)
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| (Section scheduled to be repealed on January 1, 2014)
| 9 |
| Sec. 5-10. Definitions. As used in this Act:
| 10 |
| "Advertisement" means any printed material that is | 11 |
| published in a phone book,
newspaper, magazine, pamphlet, | 12 |
| newsletter, or other similar type of publication
that is
| 13 |
| intended to either attract business or merely provide contact | 14 |
| information to
the public for
an agency or licensee. | 15 |
| Advertisement shall include any material disseminated by
| 16 |
| printed or electronic means or media, but shall not include a | 17 |
| licensee's or an
agency's
letterhead, business cards, or other | 18 |
| stationery used in routine business
correspondence or
| 19 |
| customary name, address, and number type listings in a | 20 |
| telephone directory.
| 21 |
| "Alarm system" means any system, including an electronic | 22 |
| access control
system, a
surveillance video system, a security | 23 |
| video system, a burglar alarm system, a
fire alarm
system, or | 24 |
| any other electronic system, that activates an audible, | 25 |
| visible,
remote, or
recorded signal that is designed for the | 26 |
| protection or detection of intrusion,
entry, theft,
fire, | 27 |
| vandalism, escape, or trespass.
| 28 |
| "Armed employee" means a licensee or registered person who | 29 |
| is employed by an
agency licensed or an armed proprietary | 30 |
| security force registered under this
Act who carries a weapon | 31 |
| while engaged in the
performance
of official duties within the | 32 |
| course and scope of his or her employment during
the hours
and |
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HB3479 |
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LRB094 08912 RAS 39132 b |
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| times the employee is scheduled to work or is commuting between | 2 |
| his or her
home or
place of employment, provided that commuting | 3 |
| is accomplished within one hour
from
departure from home or | 4 |
| place of employment.
| 5 |
| "Armed proprietary security force" means a security force | 6 |
| made up of 5 or
more
armed individuals employed by a private, | 7 |
| commercial, or industrial operation or
one or
more armed | 8 |
| individuals employed by a financial institution as security | 9 |
| officers
for the
protection of persons or property.
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| "Board" means the Private Detective, Private Alarm, | 11 |
| Private Security, and
Locksmith Board.
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| "Branch office" means a business location removed from the | 13 |
| place of business
for which an agency license has been issued, | 14 |
| including but not limited to
locations where active employee | 15 |
| records that are required to be maintained
under this Act are | 16 |
| kept, where prospective new
employees
are processed, or where | 17 |
| members of the public are invited in to transact
business. A
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| branch office does not include an office or other facility | 19 |
| located on the
property of an
existing client that is utilized | 20 |
| solely for the benefit of that client and is
not owned or
| 21 |
| leased by the agency.
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| "Corporation" means an artificial person or legal entity | 23 |
| created by or under
the
authority of the laws of a state, | 24 |
| including without limitation a corporation,
limited liability | 25 |
| company, or any other legal entity.
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| "Department" means the Department of Professional | 27 |
| Regulation.
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| "Director" means the Director of Professional Regulation.
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| "Employee" means a person who works for a person or agency | 30 |
| that has the
right to
control the details of the work performed | 31 |
| and is not dependent upon whether or
not
federal or state | 32 |
| payroll taxes are withheld.
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| "Fire alarm system" means any system that is activated by | 34 |
| an automatic or
manual device in the detection of smoke, heat, | 35 |
| or fire that activates an
audible, visible, or
remote signal | 36 |
| requiring a response.
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| "Firearm authorization card" means a card issued by the | 2 |
| Department that
authorizes
the holder to carry a weapon during | 3 |
| the performance of his or her duties as
specified in
this Act.
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| "Firm" means an unincorporated business entity, including | 5 |
| but not limited to
proprietorships and partnerships.
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| "Locksmith" means
a person who engages in a business or | 7 |
| holds himself out to the public as
providing a service that | 8 |
| includes, but is not limited to, the servicing,
installing, | 9 |
| originating first keys, re-coding, repairing, maintaining,
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| manipulating, or bypassing of a mechanical or electronic | 11 |
| locking device, access
control or video surveillance system at | 12 |
| premises, vehicles, safes, vaults, safe
deposit boxes, or | 13 |
| automatic teller machines.
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| "Locksmith agency" means a person, firm, corporation, or | 15 |
| other legal entity
that engages
in the
locksmith business and | 16 |
| employs, in addition to the locksmith
licensee-in-charge, at | 17 |
| least
one other person in conducting such business.
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| "Locksmith licensee-in-charge" means a person who has been | 19 |
| 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 | 21 |
| sole responsibility
for
maintaining all records required by | 22 |
| this Act, and who assumes sole
responsibility for
assuring the | 23 |
| licensed agency's compliance with its responsibilities as | 24 |
| stated
in this Act. The Department shall adopt rules mandating | 25 |
| licensee-in-charge
participation in agency affairs.
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| "Licensee" means any person or entity that has been issued | 27 |
| a license under this Act. All references to "licensee" found in | 28 |
| this Act shall also apply to all persons or entities registered | 29 |
| under this Act.
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| "Peace officer" or "police officer" means a person who, by | 31 |
| virtue of office
or
public
employment, is vested by law with a | 32 |
| duty to maintain public order or to make
arrests for
offenses, | 33 |
| whether that duty extends to all offenses or is limited to | 34 |
| specific
offenses.
Officers, agents, or employees of the | 35 |
| federal government commissioned by
federal
statute
to make | 36 |
| arrests for violations of federal laws are considered peace |
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| officers.
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| "Permanent employee registration card" means a card issued | 3 |
| by the Department
to an
individual who has applied to the | 4 |
| Department and meets the requirements for
employment by a | 5 |
| licensed agency under this Act.
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| "Person" means a natural person.
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| "Private alarm contractor" means a person who engages in a | 8 |
| business that
individually or through others undertakes, | 9 |
| offers to undertake, purports to
have the
capacity to | 10 |
| undertake, or submits a bid to sell, install, monitor, | 11 |
| maintain,
alter, repair,
replace, or service alarm and other | 12 |
| security-related systems or parts thereof,
including fire
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| alarm systems, at protected premises or premises to be | 14 |
| protected or responds to
alarm
systems at a protected premises | 15 |
| on an emergency basis and not as a full-time
security officer. | 16 |
| "Private alarm contractor" does not include a person, firm,
or
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| corporation that
manufactures or sells alarm systems
only from | 18 |
| its place of business and does not sell, install, monitor, | 19 |
| maintain,
alter, repair, replace, service, or respond to alarm | 20 |
| systems at protected
premises or premises to be protected.
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| "Private alarm contractor agency" means a person, | 22 |
| corporation, or other
entity
that
engages in the private alarm | 23 |
| contracting business and employs, in addition to
the private
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| alarm contractor-in-charge, at least one other person in | 25 |
| conducting such
business.
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| "Private alarm contractor licensee-in-charge" means a | 27 |
| person who has been
designated by an
agency to be the | 28 |
| licensee-in-charge of an agency, who is a full-time management
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| employee or owner who
assumes sole
responsibility for | 30 |
| maintaining all records required by this Act, and who
assumes
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| sole
responsibility for assuring the licensed agency's | 32 |
| compliance with its
responsibilities as
stated in this Act.
The | 33 |
| Department shall adopt rules mandating licensee-in-charge | 34 |
| participation in
agency affairs.
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| "Private detective" means any person who by any means, | 36 |
| including but not
limited to manual or electronic methods, |
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LRB094 08912 RAS 39132 b |
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| engages in the business of, accepts
employment
to furnish, or | 2 |
| agrees to make or makes investigations for a fee or other
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| consideration to
obtain information relating to:
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| (1) Crimes or wrongs done or threatened against the | 5 |
| United States, any
state or
territory of the United States, | 6 |
| or any local government of a state or
territory.
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| (2) The identity, habits, conduct, business | 8 |
| occupation, honesty,
integrity,
credibility, knowledge, | 9 |
| trustworthiness, efficiency, loyalty, activity,
movements, | 10 |
| whereabouts, affiliations, associations, transactions, | 11 |
| acts,
reputation, or character of any person, firm, or | 12 |
| other entity by any means,
manual or electronic.
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| (3) The location, disposition, or recovery of lost or | 14 |
| stolen property.
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| (4) The cause, origin, or responsibility for fires, | 16 |
| accidents, or injuries
to
individuals or real or personal | 17 |
| property.
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| (5) The truth or falsity of any statement or | 19 |
| representation.
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| (6) Securing evidence to be used before any court, | 21 |
| board, or investigating
body.
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| (7) The protection of individuals from bodily harm or | 23 |
| death (bodyguard
functions).
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| (8) Service of process in criminal and civil | 25 |
| proceedings without court
order.
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| "Private detective agency" means a person, firm, | 27 |
| corporation, or other legal
entity that engages
in the
private | 28 |
| detective business and employs, in addition to the | 29 |
| licensee-in-charge,
one or more
persons in conducting such | 30 |
| business.
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| "Private detective licensee-in-charge" means a person who | 32 |
| has been designated
by an agency
to be the licensee-in-charge | 33 |
| of an
agency,
who is a full-time management employee or owner
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| who assumes sole
responsibility
for
maintaining all records | 35 |
| required by this Act, and who assumes sole
responsibility
for | 36 |
| assuring
the licensed agency's compliance with its |
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| responsibilities as stated in this
Act. The Department shall | 2 |
| adopt rules mandating licensee-in-charge
participation in | 3 |
| agency affairs.
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| "Private security contractor" means a person who engages in | 5 |
| the business of
providing a private security officer, watchman, | 6 |
| patrol, or a similar service by
any other
title or name on a | 7 |
| contractual basis for another person, firm, corporation, or
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| other entity
for a fee or other consideration and performing | 9 |
| one or more of the following
functions:
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| (1) The prevention or detection of intrusion, entry, | 11 |
| theft, vandalism,
abuse, fire,
or trespass on private or | 12 |
| governmental property.
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| (2) The prevention, observation, or detection of any | 14 |
| unauthorized activity
on
private or governmental property.
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| (3) The protection of persons authorized to be on the | 16 |
| premises of the
person,
firm, or other entity for which the | 17 |
| security contractor contractually provides
security | 18 |
| services.
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| (4) The prevention of the misappropriation or | 20 |
| concealment of goods, money,
bonds, stocks, notes, | 21 |
| documents, or papers.
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| (5) The control, regulation, or direction of the | 23 |
| movement of the public
for
the
time specifically required | 24 |
| for the protection of property owned or controlled
by the | 25 |
| client.
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| (6) The protection of individuals from bodily harm or | 27 |
| death (bodyguard
functions).
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| "Private security contractor agency" means a person, firm, | 29 |
| corporation, or
other legal entity that
engages in
the private | 30 |
| security contractor business and that employs, in addition to | 31 |
| the
licensee-in-charge, one or more persons in conducting such | 32 |
| business.
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| "Private security contractor licensee-in-charge" means a | 34 |
| person who has been
designated by an agency to be the
| 35 |
| licensee-in-charge of an
agency, who is a full-time management | 36 |
| employee or owner
who assumes sole responsibility for |
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| maintaining all records required by this
Act, and who
assumes | 2 |
| sole responsibility for assuring the licensed agency's | 3 |
| compliance with
its
responsibilities as
stated in this Act. The | 4 |
| Department shall adopt rules mandating
licensee-in-charge | 5 |
| participation in agency affairs.
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| "Proprietary security force" means a security force made up | 7 |
| of 5 or more individuals employed by a qualified employer as | 8 |
| security officers.
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| "Public member" means a person who is not a licensee or | 10 |
| related to a
licensee, or who is not an employer or employee of | 11 |
| a licensee. The term
"related to" shall be determined by the | 12 |
| rules of the Department.
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| "Qualified employer" means any person, firm, corporation, | 14 |
| or subsidiary or department of a firm or corporation that | 15 |
| employs 5 or more security officers on a proprietary basis for | 16 |
| the person's or entity's own use. | 17 |
| "Security officer" means a person, other than a police | 18 |
| officer, employed by a qualified employer to principally | 19 |
| perform one or more of the following functions: | 20 |
| (1) The prevention or detection of intrusion, entry, or | 21 |
| theft that is not abuse, fire, or trespass on private or | 22 |
| governmental property. | 23 |
| (2) The prevention, observation, or detection of any | 24 |
| unauthorized activity on private or governmental property. | 25 |
| (3) The protection of individuals or property from harm | 26 |
| or other unlawful activity. | 27 |
| (4) The prevention of the misappropriation or | 28 |
| concealment of goods, money, bonds, stocks, notes, | 29 |
| documents, or papers. | 30 |
| (5) The protection of individuals from bodily harm or | 31 |
| death through bodyguard functions.
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| (Source: P.A. 93-438, eff. 8-5-03.)
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| (225 ILCS 447/10-5)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 10-5. Requirement of license or registration .
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| (a) It is unlawful for a person to act as or provide the | 2 |
| functions of a
private detective, private security contractor, | 3 |
| private alarm contractor, or
locksmith , or security officer or | 4 |
| to advertise or to assume to act as any one of these, or to use
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| these or any other title implying that the person is engaged in | 6 |
| any of these
activities unless licensed or registered as such | 7 |
| by the Department. An individual or sole
proprietor who does | 8 |
| not employ any employees other than himself or herself may
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| operate under a "doing business as" or assumed name | 10 |
| certification without
having to obtain an agency license, so | 11 |
| long as the assumed name is first
registered with the | 12 |
| Department.
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| (b) It is unlawful for a person, firm, corporation, or | 14 |
| other legal entity
to act as an agency or qualified employer
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| licensed under this Act, to advertise, or to assume to
act as a | 16 |
| licensed agency or qualified employer or to use a title | 17 |
| implying that the person, firm, or
other entity is engaged in | 18 |
| the practice as a private detective agency, private
security | 19 |
| contractor agency, private alarm contractor agency, or | 20 |
| locksmith
agency unless licensed by the Department.
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| (c) No agency shall operate a branch office without first | 22 |
| applying for and
receiving a branch office license for each | 23 |
| location.
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| (Source: P.A. 93-438, eff. 8-5-03.)
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| (225 ILCS 447/25-5)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 25-5. Exemptions; private security contractor. The
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| provisions of this Act related to licensure of a private
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| security contractor do not apply to either
any of the | 30 |
| following:
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| (1) An employee of the United States, Illinois, or a
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| political subdivision of either while the employee is | 33 |
| engaged
in the performance of his or her official duties | 34 |
| within the
scope of his or her employment. However, any | 35 |
| such person who
offers his or her services as a private |
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HB3479 |
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LRB094 08912 RAS 39132 b |
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| security contractor or
uses a similar title when these | 2 |
| services are performed for
compensation or other | 3 |
| consideration, whether received directly
or indirectly, is | 4 |
| subject to this Act.
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| (2) A person employed as either an armed or unarmed
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| security officer at a nuclear energy, storage, weapons, or
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| development site or facility regulated by the United States
| 8 |
| Nuclear Regulatory Commission who has completed the | 9 |
| background
screening and training mandated by the | 10 |
| regulations of the
United States Nuclear Regulatory | 11 |
| Commission.
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| (3) A person, watchman, or proprietary security | 13 |
| officer
employed exclusively by only one employer in | 14 |
| connection with
the exclusive activities of that employer.
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| (Source: P.A. 93-438, eff. 8-5-03.)
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| (225 ILCS 447/35-30)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 35-30. Employee requirements. All employees of a
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| licensed agency or security officers employed by a qualified | 20 |
| employer , other than those exempted, shall apply for a
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| permanent employee registration card. The holder of an agency
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| license issued under this Act, known in this Section as
| 23 |
| "employer", or the holder of a proprietary security force | 24 |
| registration issued under this Act, known in this Section as | 25 |
| "qualified employer", may employ in the conduct of his or her | 26 |
| business
employees under the following provisions:
| 27 |
| (1) No person shall be issued a permanent employee
| 28 |
| registration card who:
| 29 |
| (A) Is younger than 18 years of age.
| 30 |
| (B) Is younger than 21 years of age if the
services | 31 |
| will include being armed.
| 32 |
| (C) Has been determined by the Department to
be | 33 |
| unfit by reason of conviction of an offense in this or
| 34 |
| another state, other than a traffic offense. The | 35 |
| Department
shall adopt rules for making those |
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| determinations that shall
afford the applicant due | 2 |
| process of law.
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| (D) Has had a license or permanent employee
| 4 |
| registration card denied, suspended, or revoked under | 5 |
| this Act (i) within one
year before the date the
| 6 |
| person's application for permanent employee | 7 |
| registration card
is received by the Department; and | 8 |
| (ii) that refusal, denial,
suspension, or revocation | 9 |
| was based on any provision of this
Act other than | 10 |
| Section 40-50,
item (6) or (8) of subsection (a) of | 11 |
| Section 15-10, subsection (b) of Section
15-10, item | 12 |
| (6) or (8) of subsection (a) of Section 20-10, | 13 |
| subsection (b) of
Section 20-10, item (6) or (8) of | 14 |
| subsection (a) of Section 25-10, subsection
(b) of | 15 |
| Section 25-10, item (7) of subsection (a) of Section | 16 |
| 30-10,
subsection (b) of Section 30-10, or Section | 17 |
| 10-40.
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| (E) Has been declared incompetent by any court
of | 19 |
| competent jurisdiction by reason of mental disease or
| 20 |
| defect and has not been restored.
| 21 |
| (F) Has been dishonorably discharged from the
| 22 |
| armed services of the United States.
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| (2) No person may be employed by a private
detective | 24 |
| agency, private security contractor agency, private
alarm | 25 |
| contractor agency, or locksmith agency under this
Section | 26 |
| until he or she has executed and furnished to the
employer, | 27 |
| on forms furnished by the Department, a verified
statement | 28 |
| to be known as "Employee's Statement" setting forth:
| 29 |
| (A) The person's full name, age, and residence
| 30 |
| address.
| 31 |
| (B) The business or occupation engaged in for
the 5 | 32 |
| years immediately before the date of the execution of
| 33 |
| the statement, the place where the business or | 34 |
| occupation was
engaged in, and the names of employers, | 35 |
| if any.
| 36 |
| (C) That the person has not had a license or
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LRB094 08912 RAS 39132 b |
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| employee registration denied, revoked, or suspended | 2 |
| under this
Act (i) within one year before the date the | 3 |
| person's application
for permanent employee | 4 |
| registration card is received by the
Department; and | 5 |
| (ii) that refusal, denial, suspension, or
revocation | 6 |
| was based on any provision of this Act other than
| 7 |
| Section 40-50,
item (6) or (8) of subsection (a) of | 8 |
| Section 15-10, subsection (b) of Section
15-10, item | 9 |
| (6) or (8) of subsection (a) of Section 20-10, | 10 |
| subsection (b) of
Section 20-10, item (6) or (8) of | 11 |
| subsection (a) of Section 25-10, subsection
(b) of | 12 |
| Section 25-10, item (7) of subsection (a) of Section | 13 |
| 30-10,
subsection (b) of Section 30-10, or Section | 14 |
| 10-40.
| 15 |
| (D) Any conviction of a felony or misdemeanor.
| 16 |
| (E) Any declaration of incompetence by a court
of | 17 |
| competent jurisdiction that has not been restored.
| 18 |
| (F) Any dishonorable discharge from the armed
| 19 |
| services of the United States.
| 20 |
| (G) Any other information as may be required by
any | 21 |
| rule of the Department to show the good character,
| 22 |
| competency, and integrity of the person executing the
| 23 |
| statement.
| 24 |
| (c) Each applicant for a permanent employee registration
| 25 |
| card shall have his or her fingerprints submitted to the
| 26 |
| Department of State Police in an electronic format that
| 27 |
| complies with the form and manner for requesting and
furnishing | 28 |
| criminal history record information as prescribed
by the | 29 |
| Department of State Police. These fingerprints shall
be checked | 30 |
| against the Department of State Police and Federal
Bureau of | 31 |
| Investigation criminal history record databases now
and | 32 |
| hereafter filed. The Department of State Police shall
charge | 33 |
| applicants a fee for conducting the criminal history
records | 34 |
| check, which shall be deposited in the State Police
Services | 35 |
| Fund and shall not exceed the actual cost of the
records check. | 36 |
| The Department of State Police shall furnish,
pursuant to |
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HB3479 |
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LRB094 08912 RAS 39132 b |
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| positive identification, records of Illinois
convictions to | 2 |
| the Department. The Department may require
applicants to pay a | 3 |
| separate fingerprinting fee, either to the
Department or | 4 |
| directly to the vendor. The Department, in
its discretion, may | 5 |
| allow an applicant who does not have
reasonable access to a | 6 |
| designated vendor to provide his or her
fingerprints in an | 7 |
| alternative manner. The
Department, in its discretion, may also | 8 |
| use other
procedures in performing or obtaining criminal | 9 |
| background
checks of applicants. Instead of submitting his or | 10 |
| her
fingerprints, an individual may submit proof that is
| 11 |
| satisfactory to the Department that an equivalent security
| 12 |
| clearance has been conducted. Also, an individual who has
| 13 |
| retired as a peace officer within 12 months of application may
| 14 |
| submit verification, on forms provided by the Department and
| 15 |
| signed by his or her employer, of his or her previous full-time | 16 |
| employment as a
peace officer.
| 17 |
| (d) The Department shall issue a permanent employee
| 18 |
| registration card, in a form the Department prescribes, to all
| 19 |
| qualified applicants.
The holder of a permanent employee | 20 |
| registration card shall
carry the card at all times while | 21 |
| actually engaged in the
performance of the duties of his or her | 22 |
| employment.
Expiration and requirements for renewal of | 23 |
| permanent employee
registration cards shall be established by | 24 |
| rule of the
Department. Possession of a permanent employee | 25 |
| registration
card does not in any way imply that the holder of | 26 |
| the card is
employed by an agency unless the permanent employee
| 27 |
| registration card is accompanied by the employee
| 28 |
| identification card required by subsection (f) of this
Section.
| 29 |
| (e) Each employer shall maintain a record of each
employee | 30 |
| that is accessible to the duly authorized
representatives of | 31 |
| the Department. The record shall contain
the following | 32 |
| information:
| 33 |
| (1) A photograph taken within 10 days of the date
that | 34 |
| the employee begins employment with the employer. The
| 35 |
| photograph shall be replaced with a current photograph | 36 |
| every 3
calendar years.
|
|
|
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LRB094 08912 RAS 39132 b |
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| 1 |
| (2) The Employee's Statement specified in
subsection | 2 |
| (b) of this Section.
| 3 |
| (3) All correspondence or documents relating to the
| 4 |
| character and integrity of the employee received by the
| 5 |
| employer from any official source or law enforcement | 6 |
| agency.
| 7 |
| (4) In the case of former employees, the employee
| 8 |
| identification card of that person issued under subsection | 9 |
| (f)
of this Section. Each employee record shall duly note | 10 |
| if the
employee is employed in an armed capacity. Armed | 11 |
| employee
files shall contain a copy of an active firearm | 12 |
| owner's
identification card and a copy of an active firearm
| 13 |
| authorization card. Each employer shall maintain a record | 14 |
| for
each armed employee of each instance in which the | 15 |
| employee's
weapon was discharged during the course of his | 16 |
| or her
professional duties or activities. The record shall | 17 |
| be
maintained on forms provided by the Department, a copy | 18 |
| of
which must be filed with the Department within 15 days | 19 |
| of an
instance. The record shall include the date and time | 20 |
| of the
occurrence, the circumstances involved in the | 21 |
| occurrence, and
any other information as the Department may | 22 |
| require. Failure
to provide this information to the | 23 |
| Department or failure to
maintain the record as a part of | 24 |
| each armed employee's
permanent file is grounds for | 25 |
| disciplinary action. The
Department, upon receipt of a | 26 |
| report, shall have the authority
to make any investigation | 27 |
| it considers appropriate into any
occurrence in which an | 28 |
| employee's weapon was discharged and to
take disciplinary | 29 |
| action as may be appropriate.
| 30 |
| (5) The Department may, by rule, prescribe further
| 31 |
| record requirements.
| 32 |
| (f) Every employer shall furnish an employee
| 33 |
| identification card to each of his or her employees. This
| 34 |
| employee identification card shall contain a recent photograph
| 35 |
| of the employee, the employee's name, the name and agency
| 36 |
| license number of the employer, the employee's personal
|
|
|
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HB3479 |
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LRB094 08912 RAS 39132 b |
|
| 1 |
| description, the signature of the employer, the signature of
| 2 |
| that employee, the date of issuance, and an employee
| 3 |
| identification card number.
| 4 |
| (g) No employer may issue an employee identification
card | 5 |
| to any person who is not employed by the employer in
accordance | 6 |
| with this Section or falsely state or represent
that a person | 7 |
| is or has been in his or her employ. It is
unlawful for an | 8 |
| applicant for registered employment to file
with the Department | 9 |
| the fingerprints of a person other than
himself or herself.
| 10 |
| (h) Every employer shall obtain the identification card
of | 11 |
| every employee who terminates employment with him or her.
| 12 |
| (i) Every employer shall maintain a separate roster of
the | 13 |
| names of all employees currently working in an armed
capacity | 14 |
| and submit the roster to the Department on request.
| 15 |
| (j) No agency or qualified employer may employ any person | 16 |
| to perform a
licensed activity under this Act unless the person | 17 |
| possesses a
valid permanent employee registration card or a | 18 |
| valid license
under this Act, or is exempt pursuant to | 19 |
| subsection (n).
| 20 |
| (k) Notwithstanding the provisions of subsection (j), an
| 21 |
| agency or qualified employer may employ a person in a temporary | 22 |
| capacity if all of
the following conditions are met:
| 23 |
| (1) The agency or qualified employer completes in its | 24 |
| entirety and
submits to the Department an application for a | 25 |
| permanent
employee registration card, including the | 26 |
| required fingerprint
receipt and fees.
| 27 |
| (2) The agency or qualified employer has verification | 28 |
| from the Department
that the applicant has no record of any | 29 |
| criminal conviction
pursuant to the criminal history check | 30 |
| conducted by the
Department of State Police. The agency or | 31 |
| qualified employer shall maintain the
verification of the | 32 |
| results of the Department of State Police
criminal history | 33 |
| check as part of the employee record as
required under | 34 |
| subsection (e) of this Section.
| 35 |
| (3) The agency or qualified employer exercises due | 36 |
| diligence to ensure
that the person is qualified under the |
|
|
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HB3479 |
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LRB094 08912 RAS 39132 b |
|
| 1 |
| requirements of the Act
to be issued a permanent employee | 2 |
| registration card.
| 3 |
| (4) The agency or qualified employer maintains a | 4 |
| separate roster of the
names of all employees whose | 5 |
| applications are currently
pending with the Department and | 6 |
| submits the roster to the
Department on a monthly basis. | 7 |
| Rosters are to be maintained
by the agency or qualified | 8 |
| employer for a period of at least 24 months.
| 9 |
| An agency or qualified employer may employ only a permanent | 10 |
| employee applicant
for which it either submitted a permanent | 11 |
| employee application
and all required forms and fees or it | 12 |
| confirms with the
Department that a permanent employee | 13 |
| application and all
required forms and fees have been submitted | 14 |
| by another agency or qualified employer ,
licensee or the | 15 |
| permanent employee and all other requirements
of this Section | 16 |
| are met.
| 17 |
| The Department shall have the authority to revoke,
without | 18 |
| a hearing, the temporary authority of an individual to
work | 19 |
| upon receipt of Federal Bureau of Investigation
fingerprint | 20 |
| data or a report of another official authority
indicating a | 21 |
| criminal conviction. If the Department has not
received a | 22 |
| temporary employee's Federal Bureau of
Investigation | 23 |
| fingerprint data within 120 days of the date the
Department | 24 |
| received the Department of State Police fingerprint
data, the | 25 |
| Department may, at its discretion, revoke the
employee's | 26 |
| temporary authority to work with 15 days written
notice to the | 27 |
| individual and the employing agency.
| 28 |
| An agency or qualified employer may not employ a person in | 29 |
| a temporary capacity
if it knows or reasonably should have | 30 |
| known that the person
has been convicted of a crime under the | 31 |
| laws of this State,
has been convicted in another state of any | 32 |
| crime that is a
crime under the laws of this State, has been | 33 |
| convicted of any
crime in a federal court, or has been posted | 34 |
| as an unapproved
applicant by the Department. Notice by the | 35 |
| Department to the
agency, via certified mail, personal | 36 |
| delivery, electronic
mail, or posting on the Department's |
|
|
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HB3479 |
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LRB094 08912 RAS 39132 b |
|
| 1 |
| Internet site accessible
to the agency that the person has been | 2 |
| convicted of a crime
shall be deemed constructive knowledge of | 3 |
| the conviction on
the part of the agency. The Department may | 4 |
| adopt rules to
implement this
subsection (k).
| 5 |
| (l) No person may be employed by a qualified employer under | 6 |
| this Section in any
capacity if:
| 7 |
| (1) the person, while so employed, is being paid by
the | 8 |
| United States or any political subdivision for the time so
| 9 |
| employed in addition to any payments he or she may receive
| 10 |
| from the employer; or
| 11 |
| (2) the person wears any portion of his or her
official | 12 |
| uniform, emblem of authority, or equipment while so
| 13 |
| employed.
| 14 |
| (m) If information is discovered affecting the
| 15 |
| registration of a person whose fingerprints were submitted
| 16 |
| under this Section, the Department shall so notify the agency
| 17 |
| or qualified employer that submitted the fingerprints on behalf | 18 |
| 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 or qualified employer shall remain | 22 |
| responsible for any peace
officer employed under this | 23 |
| exemption, regardless of whether
the peace officer is | 24 |
| compensated as an employee or as an
independent contractor and | 25 |
| as further defined by rule.
| 26 |
| (o) Agency employees
Persons who have no access to | 27 |
| confidential or
security information and who otherwise do not | 28 |
| provide
traditional security services are exempt from employee
| 29 |
| registration. Examples of exempt employees include, but are
not | 30 |
| limited to, employees working in the capacity of ushers,
| 31 |
| directors, ticket takers, cashiers, drivers, and reception
| 32 |
| personnel. Confidential or security information is that which
| 33 |
| pertains to employee files, scheduling, client contracts, or
| 34 |
| technical security and alarm data.
| 35 |
| (Source: P.A. 93-438, eff. 8-5-03.)
|
|
|
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HB3479 |
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LRB094 08912 RAS 39132 b |
|
| 1 |
| (225 ILCS 447/35-45)
| 2 |
| (Section scheduled to be repealed on January 1, 2014)
| 3 |
| Sec. 35-45. Proprietary
Armed proprietary security force.
| 4 |
| (a) All qualified employers
financial institutions that | 5 |
| employ one or more
armed employees and all commercial or
| 6 |
| industrial operations that employ 5 or more persons as armed
| 7 |
| employees shall register their proprietary security forces
| 8 |
| with the Department on forms provided by the Department.
| 9 |
| (b) All armed security officers employed by a qualified | 10 |
| employer
employees of the registered
proprietary security | 11 |
| force must complete a 20-hour basic
training course and 20-hour | 12 |
| firearm training pursuant to subsection (a) of Section 25-20 | 13 |
| and Section 35-40 of this Act .
| 14 |
| (b-5) All security officers employed by a qualified | 15 |
| employer must complete a 20-hour basic training course pursuant | 16 |
| to subsection (a) of Section 25-20.
| 17 |
| (c) Every proprietary security force is required to
apply | 18 |
| to the Department, on forms supplied by the Department,
for a | 19 |
| firearm authorization card for each armed employee.
| 20 |
| (d) The Department may provide rules for the
administration | 21 |
| of this Section.
| 22 |
| (e) Proprietary security forces shall be exempt from all | 23 |
| record-keeping requirements of this Act, except that a | 24 |
| proprietary security force shall maintain a file accessible to | 25 |
| the Department that shall contain the following documents: | 26 |
| (1) an application for employment; and | 27 |
| (2) a copy of the Department's web page indicating that | 28 |
| the applicant has no record of any criminal conviction | 29 |
| pursuant to paragraph 2 of subsection (k) of Section 35-30. | 30 |
| (f) All security officers currently employed on the | 31 |
| effective date of this amendatory Act of the 94th General | 32 |
| Assembly by a person, firm, corporation, or subsidiary or | 33 |
| department of a firm or corporation to which the term | 34 |
| "qualified employer" applies, shall be exempt from all of the | 35 |
| requirements of this Act so long as they remain employed as a | 36 |
| security officer by their current employer.
|
|
|
|
HB3479 |
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LRB094 08912 RAS 39132 b |
|
| 1 |
| (Source: P.A. 93-438, eff. 8-5-03.)
|
|