Full Text of HB4508 97th General Assembly
HB4508 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4508 Introduced 1/31/2012, by Rep. Robert Rita SYNOPSIS AS INTRODUCED: |
| 5 ILCS 80/4.24 | | 5 ILCS 80/4.33 new | | 225 ILCS 447/5-15 | | 225 ILCS 447/10-5 | | 225 ILCS 447/20-10 | | 225 ILCS 447/35-30 | | 225 ILCS 447/50-50 new | |
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Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and
Locksmith Act of 2004. Provides that a person is qualified for licensure as a private
alarm contractor if a person who had been providing surveillance video systems or video security systems prior to January 1, 2005 is exempt from certain requirements and may be granted a private alarm contractor license if he or she (i) meets certain specified requirements, (ii) pays all applicable fees, (iii) presents satisfactory evidence to the Department of the provision of surveillance or video security systems for hire prior to January 1, 2005, and (iv) submits an application to the Department prior to July 1, 2014. Creates a provision concerning the confidentiality of all information collected by the Department in the course of an examination or investigation of a licensee or applicant. Also makes changes in provisions concerning legislative intent; requirements of a license; and employee requirements. Amends the Regulatory Sunset Act to extend the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and
Locksmith Act of 2004 from January 1, 2014 to January 1, 2023. Effective immediately.
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| | A BILL FOR |
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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 Regulatory Sunset Act is amended by changing | 5 | | Sections 4.24 and by adding Section 4.33 as follows:
| 6 | | (5 ILCS 80/4.24)
| 7 | | Sec. 4.24. Acts repealed on January 1, 2014. The following
| 8 | | Acts are repealed
on January 1, 2014:
| 9 | | The Electrologist Licensing Act.
| 10 | | The Illinois Certified Shorthand Reporters Act of 1984.
| 11 | | The Illinois Occupational Therapy Practice Act.
| 12 | | The Illinois Public Accounting Act.
| 13 | | The Private Detective, Private Alarm, Private Security, | 14 | | Fingerprint Vendor, and Locksmith Act
of 2004.
| 15 | | The Registered Surgical Assistant and Registered Surgical | 16 | | Technologist
Title Protection Act.
| 17 | | The Veterinary Medicine and Surgery Practice Act of 2004.
| 18 | | (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07.)
| 19 | | (5 ILCS 80/4.33 new) | 20 | | Sec. 4.33. Act repealed on January 1,
2023. The following | 21 | | Act is
repealed on January 1, 2023: | 22 | | The Private Detective, Private Alarm, Private Security, |
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| 1 | | Fingerprint Vendor, and Locksmith Act
of 2004. | 2 | | Section 10. The Private Detective, Private Alarm, Private | 3 | | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | 4 | | amended by changing Sections 5-15, 10-5, 20-10, and 35-30 and | 5 | | by adding Section 50-50 as follows:
| 6 | | (225 ILCS 447/5-15)
| 7 | | (Section scheduled to be repealed on January 1, 2014)
| 8 | | Sec. 5-15. Legislative intent. The intent of the General | 9 | | Assembly in
enacting this statute is to regulate persons, | 10 | | corporations, and firms licensed
under this Act for the | 11 | | protection of the public. These practices are declared
to | 12 | | affect the public health, safety, and welfare and are subject | 13 | | to exclusive State
regulation and licensure. This Act shall be | 14 | | construed to carry out these
purposes.
| 15 | | (Source: P.A. 93-438, eff. 8-5-03.)
| 16 | | (225 ILCS 447/10-5)
| 17 | | (Section scheduled to be repealed on January 1, 2014)
| 18 | | Sec. 10-5. Requirement of license.
| 19 | | (a) It is unlawful for a person to act as or provide the | 20 | | functions of a
private detective, private security contractor, | 21 | | private alarm contractor, fingerprint vendor, or
locksmith or | 22 | | to advertise or to assume to act as any one of these, or to use
| 23 | | these or any other title implying that the person is engaged in |
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| 1 | | any of these
activities unless licensed as such by the | 2 | | Department. An individual or sole
proprietor who does not | 3 | | employ any employees other than himself or herself may
operate | 4 | | under a "doing business as" or assumed name certification | 5 | | without
having to obtain an agency license, so long as the | 6 | | assumed name is first
registered with the Department.
| 7 | | (b) It is unlawful for a person, firm, corporation, or | 8 | | other legal entity
to act as an agency licensed under this Act, | 9 | | to advertise, or to assume to
act as a licensed agency or to | 10 | | use a title implying that the person, firm, or
other entity is | 11 | | engaged in the practice as a private detective agency, private
| 12 | | security contractor agency, private alarm contractor agency, | 13 | | fingerprint vendor agency, or locksmith
agency unless licensed | 14 | | by the Department.
| 15 | | (b-5) A person, firm, corporation, or other legal entity | 16 | | represents himself or herself to be a private detective within | 17 | | the meaning of this Act when he or she holds himself or herself | 18 | | out to the public by any title or description of services | 19 | | incorporating the words "private investigator" or "private | 20 | | investigation". | 21 | | (c) No agency shall operate a branch office without first | 22 | | applying for and
receiving a branch office license for each | 23 | | location.
| 24 | | (d) Beginning 12 months after the adoption of rules | 25 | | providing for the licensure of fingerprint vendors under this | 26 | | Act, it is unlawful for a person to operate live scan |
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| 1 | | fingerprint equipment or other equipment designed to obtain | 2 | | fingerprint images for the purpose of providing fingerprint | 3 | | images and associated demographic data to the Department of | 4 | | State Police, unless he or she has successfully completed a | 5 | | fingerprint training course conducted or authorized by the | 6 | | Department of State Police and is licensed as a fingerprint | 7 | | vendor.
| 8 | | (e) Beginning 12 months after the adoption of rules | 9 | | providing for the licensure of canine handlers and canine | 10 | | trainers under this Act, no person shall operate a canine | 11 | | training facility unless licensed as a private detective
agency | 12 | | or private security contractor agency under this Act, and no | 13 | | person shall act as a canine trainer unless he or she is | 14 | | licensed as a private detective or private security contractor | 15 | | or is a registered employee of a private detective agency or | 16 | | private security contractor agency approved by the Department. | 17 | | (Source: P.A. 95-613, eff. 9-11-07.)
| 18 | | (225 ILCS 447/20-10)
| 19 | | (Section scheduled to be repealed on January 1, 2014)
| 20 | | Sec. 20-10. Qualifications for licensure as a private
alarm | 21 | | contractor. | 22 | | (a) A person is qualified for licensure as a private
alarm | 23 | | contractor if he or she meets all of the following
| 24 | | requirements:
| 25 | | (1) Is at least 21 years of age.
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| 1 | | (2) Has not been convicted of any felony in any
| 2 | | jurisdiction or at least 10 years have elapsed since the | 3 | | time
of full discharge from a sentence imposed for a felony
| 4 | | conviction.
| 5 | | (3) Is of good moral character. Good moral
character is | 6 | | a continuing requirement of licensure.
Conviction of | 7 | | crimes other than felonies may be used in
determining moral | 8 | | character, but shall not constitute an
absolute bar to | 9 | | licensure.
| 10 | | (4) Has not been declared by any court of competent
| 11 | | jurisdiction to be incompetent by reason of mental or | 12 | | physical
defect or disease, unless a court has subsequently | 13 | | declared
him or her to be competent.
| 14 | | (5) Is not suffering from dependence on alcohol or
from | 15 | | narcotic addiction or dependence.
| 16 | | (6) Has a minimum of 3 years experience during the 5
| 17 | | years immediately preceding the application (i) working as | 18 | | a full-time
manager for a licensed private alarm contractor | 19 | | agency or (ii) working for
a government or private entity | 20 | | that inspects, reviews, designs, sells, installs, | 21 | | operates, services, or monitors
alarm systems that, in the | 22 | | judgment of the Board, satisfies
the standards of alarm | 23 | | industry competence. An applicant who
has received a 4-year | 24 | | degree or higher in electrical
engineering or a related | 25 | | field from a program approved by the
Board shall be given | 26 | | credit for 2 years of the required
experience. An applicant |
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| 1 | | who has successfully completed a
national certification | 2 | | program approved by the Board shall be
given credit for one | 3 | | year of the required experience.
| 4 | | (7) Has not been dishonorably discharged from the
armed | 5 | | forces of the United States.
| 6 | | (8) Has passed an examination authorized by the
| 7 | | Department.
| 8 | | (9) Submits his or her fingerprints, proof of
having | 9 | | general liability insurance required under subsection
(c), | 10 | | and the required license fee.
| 11 | | (10) Has not violated Section 10-5 of this Act.
| 12 | | (a-5) Any person who had been providing surveillance video | 13 | | systems or video security systems prior to January 1, 2005 is | 14 | | exempt from the requirements of item (6) of subsection (a) of | 15 | | this Section and may be granted a private alarm contractor | 16 | | license if he or she (i) meets the requirements of items (1) | 17 | | through (5) and item (7) through (10) of subsection (a) of this | 18 | | Section, (ii) pays all applicable fees, (iii) presents | 19 | | satisfactory evidence to the Department of the provision of | 20 | | surveillance or video security systems for hire prior to | 21 | | January 1, 2005, and (iv) submits an application to the | 22 | | Department prior to July 1, 2014. | 23 | | (b) (Blank).
| 24 | | (c) It is the responsibility of the applicant to obtain
| 25 | | general liability insurance in an amount and coverage
| 26 | | appropriate for the applicant's circumstances as determined by
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| 1 | | rule. The applicant shall provide evidence of insurance to
the | 2 | | Department before being issued a license. Failure to
maintain | 3 | | general liability insurance and to provide the
Department with | 4 | | written proof of the insurance shall result in
cancellation of | 5 | | the license.
| 6 | | (Source: P.A. 95-613, eff. 9-11-07; 96-847, eff. 6-1-10 .)
| 7 | | (225 ILCS 447/35-30)
| 8 | | (Section scheduled to be repealed on January 1, 2014)
| 9 | | Sec. 35-30. Employee requirements. All employees of a
| 10 | | licensed agency, other than those exempted, shall apply for a
| 11 | | permanent employee registration card. The holder of an agency
| 12 | | license issued under this Act, known in this Section as
| 13 | | "employer", may employ in the conduct of his or her business
| 14 | | employees under the following provisions:
| 15 | | (a) No person shall be issued a permanent employee
| 16 | | registration card who:
| 17 | | (1) Is younger than 18 years of age.
| 18 | | (2) Is younger than 21 years of age if the
services | 19 | | will include being armed.
| 20 | | (3) Has been determined by the Department to
be unfit | 21 | | by reason of conviction of an offense in this or
another | 22 | | state, other than a traffic offense. The Department
shall | 23 | | adopt rules for making those determinations that shall
| 24 | | afford the applicant due process of law.
| 25 | | (4) Has had a license or permanent employee
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| 1 | | registration card denied, suspended, or revoked under this | 2 | | Act (i) within one
year before the date the
person's | 3 | | application for permanent employee registration card
is | 4 | | received by the Department; and (ii) that refusal, denial,
| 5 | | suspension, or revocation was based on any provision of | 6 | | this
Act other than Section 40-50,
item (6) or (8) of | 7 | | subsection (a) of Section 15-10, subsection (b) of Section
| 8 | | 15-10, item (6) or (8) of subsection (a) of Section 20-10, | 9 | | subsection (b) of
Section 20-10, item (6) or (8) of | 10 | | subsection (a) of Section 25-10, subsection
(b) of Section | 11 | | 25-10, item (7) of subsection (a) of Section 30-10,
| 12 | | subsection (b) of Section 30-10, or Section 10-40.
| 13 | | (5) Has been declared incompetent by any court
of | 14 | | competent jurisdiction by reason of mental disease or
| 15 | | defect and has not been restored.
| 16 | | (6) Has been dishonorably discharged from the
armed | 17 | | services of the United States.
| 18 | | (b) No person may be employed by a private
detective | 19 | | agency, private security contractor agency, private
alarm | 20 | | contractor agency, fingerprint vendor agency, or locksmith | 21 | | agency under this
Section until he or she has executed and | 22 | | furnished to the
employer, on forms furnished by the | 23 | | Department, a verified
statement to be known as "Employee's | 24 | | Statement" setting forth:
| 25 | | (1) The person's full name, age, and residence
address.
| 26 | | (2) The business or occupation engaged in for
the 5 |
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| 1 | | years immediately before the date of the execution of
the | 2 | | statement, the place where the business or occupation was
| 3 | | engaged in, and the names of employers, if any.
| 4 | | (3) That the person has not had a license or
employee | 5 | | registration denied, revoked, or suspended under this
Act | 6 | | (i) within one year before the date the person's | 7 | | application
for permanent employee registration card is | 8 | | received by the
Department; and (ii) that refusal, denial, | 9 | | suspension, or
revocation was based on any provision of | 10 | | this Act other than
Section 40-50,
item (6) or (8) of | 11 | | subsection (a) of Section 15-10, subsection (b) of Section
| 12 | | 15-10, item (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 Section | 15 | | 25-10, item (7) of subsection (a) of Section 30-10,
| 16 | | subsection (b) of Section 30-10, or Section 10-40.
| 17 | | (4) Any conviction of a felony or misdemeanor.
| 18 | | (5) Any declaration of incompetence by a court
of | 19 | | competent jurisdiction that has not been restored.
| 20 | | (6) Any dishonorable discharge from the armed
services | 21 | | of the United States.
| 22 | | (7) Any other information as may be required by
any | 23 | | rule of the Department to show the good character,
| 24 | | competency, and integrity of the person executing the
| 25 | | statement.
| 26 | | (c) Each applicant for a permanent employee registration
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| 1 | | card shall have his or her fingerprints submitted to the
| 2 | | Department of State Police in an electronic format that
| 3 | | complies with the form and manner for requesting and
furnishing | 4 | | criminal history record information as prescribed
by the | 5 | | Department of State Police. These fingerprints shall
be checked | 6 | | against the Department of State Police and Federal
Bureau of | 7 | | Investigation criminal history record databases now
and | 8 | | hereafter filed. The Department of State Police shall
charge | 9 | | applicants a fee for conducting the criminal history
records | 10 | | check, which shall be deposited in the State Police
Services | 11 | | Fund and shall not exceed the actual cost of the
records check. | 12 | | The Department of State Police shall furnish,
pursuant to | 13 | | positive identification, records of Illinois
convictions to | 14 | | the Department. The Department may require
applicants to pay a | 15 | | separate fingerprinting fee, either to the
Department or | 16 | | directly to the vendor. The Department, in
its discretion, may | 17 | | allow an applicant who does not have
reasonable access to a | 18 | | designated vendor to provide his or her
fingerprints in an | 19 | | alternative manner. The
Department, in its discretion, may also | 20 | | use other
procedures in performing or obtaining criminal | 21 | | background
checks of applicants. Instead of submitting his or | 22 | | her
fingerprints, an individual may submit proof that is
| 23 | | satisfactory to the Department that an equivalent security
| 24 | | clearance has been conducted. Also, an individual who has
| 25 | | retired as a peace officer within 12 months of application may
| 26 | | submit verification, on forms provided by the Department and
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| 1 | | signed by his or her employer, of his or her previous full-time | 2 | | employment as a
peace officer.
| 3 | | (d) The Department shall issue a permanent employee
| 4 | | registration card, in a form the Department prescribes, to all
| 5 | | qualified applicants.
The holder of a permanent employee | 6 | | registration card shall
carry the card at all times while | 7 | | actually engaged in the
performance of the duties of his or her | 8 | | employment.
Expiration and requirements for renewal of | 9 | | permanent employee
registration cards shall be established by | 10 | | rule of the
Department. Possession of a permanent employee | 11 | | registration
card does not in any way imply that the holder of | 12 | | the card is
employed by an agency unless the permanent employee
| 13 | | registration card is accompanied by the employee
| 14 | | identification card required by subsection (f) of this
Section.
| 15 | | (e) Each employer shall maintain a record of each
employee | 16 | | that is accessible to the duly authorized
representatives of | 17 | | the Department. The record shall contain
the following | 18 | | information:
| 19 | | (1) A photograph taken within 10 days of the date
that | 20 | | the employee begins employment with the employer. The
| 21 | | photograph shall be replaced with a current photograph | 22 | | every 3
calendar years.
| 23 | | (2) The Employee's Statement specified in
subsection | 24 | | (b) of this Section.
| 25 | | (2.5) A copy of the employee's permanent employee | 26 | | registration card or a copy of the Department's "License |
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| 1 | | Lookup" webpage showing that the employee has been issued a | 2 | | valid, permanent employee registration card by the | 3 | | Department.
| 4 | | (3) All correspondence or documents relating to the
| 5 | | character and integrity of the employee received by the
| 6 | | employer from any official source or law enforcement | 7 | | agency.
| 8 | | (4) In the case of former employees, the employee
| 9 | | identification card of that person issued under subsection | 10 | | (f)
of this Section. Each employee record shall duly note | 11 | | if the
employee is employed in an armed capacity. Armed | 12 | | employee
files shall contain a copy of an active firearm | 13 | | owner's
identification card and a copy of an active firearm
| 14 | | control card. Each employer shall maintain a record for
| 15 | | each armed employee of each instance in which the | 16 | | employee's
weapon was discharged during the course of his | 17 | | or her
professional duties or activities. The record shall | 18 | | be
maintained on forms provided by the Department, a copy | 19 | | of
which must be filed with the Department within 15 days | 20 | | of an
instance. The record shall include the date and time | 21 | | of the
occurrence, the circumstances involved in the | 22 | | occurrence, and
any other information as the Department may | 23 | | require. Failure
to provide this information to the | 24 | | Department or failure to
maintain the record as a part of | 25 | | each armed employee's
permanent file is grounds for | 26 | | disciplinary action. The
Department, upon receipt of a |
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| 1 | | report, shall have the authority
to make any investigation | 2 | | it considers appropriate into any
occurrence in which an | 3 | | employee's weapon was discharged and to
take disciplinary | 4 | | action as may be appropriate.
| 5 | | (5) The Department may, by rule, prescribe further
| 6 | | record requirements.
| 7 | | (f) Every employer shall furnish an employee
| 8 | | identification card to each of his or her employees. This
| 9 | | employee identification card shall contain a recent photograph
| 10 | | of the employee, the employee's name, the name and agency
| 11 | | license number of the employer, the employee's personal
| 12 | | description, the signature of the employer, the signature of
| 13 | | that employee, the date of issuance, and an employee
| 14 | | identification card number.
| 15 | | (g) No employer may issue an employee identification
card | 16 | | to any person who is not employed by the employer in
accordance | 17 | | with this Section or falsely state or represent
that a person | 18 | | is or has been in his or her employ. It is
unlawful for an | 19 | | applicant for registered employment to file
with the Department | 20 | | the fingerprints of a person other than
himself or herself.
| 21 | | (h) Every employer shall obtain the identification card
of | 22 | | every employee who terminates employment with him or her.
| 23 | | (i) Every employer shall maintain a separate roster of
the | 24 | | names of all employees currently working in an armed
capacity | 25 | | and submit the roster to the Department on request.
| 26 | | (j) No agency may employ any person to perform a
licensed |
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| 1 | | activity under this Act unless the person possesses a
valid | 2 | | permanent employee registration card or a valid license
under | 3 | | this Act, or is exempt pursuant to subsection (n).
| 4 | | (k) Notwithstanding the provisions of subsection (j), an
| 5 | | agency may employ a person in a temporary capacity if all of
| 6 | | the following conditions are met:
| 7 | | (1) The agency completes in its entirety and
submits to | 8 | | the Department an application for a permanent
employee | 9 | | registration card, including the required fingerprint
| 10 | | receipt and fees.
| 11 | | (2) The agency has verification from the Department
| 12 | | that the applicant has no record of any criminal conviction
| 13 | | pursuant to the criminal history check conducted by the
| 14 | | Department of State Police. The agency shall maintain the
| 15 | | verification of the results of the Department of State | 16 | | Police
criminal history check as part of the employee | 17 | | record as
required under subsection (e) of this Section.
| 18 | | (3) The agency exercises due diligence to ensure
that | 19 | | the person is qualified under the requirements of the Act
| 20 | | to be issued a permanent employee registration card.
| 21 | | (4) The agency maintains a separate roster of the
names | 22 | | of all employees whose applications are currently
pending | 23 | | with the Department and submits the roster to the
| 24 | | Department on a monthly basis. Rosters are to be maintained
| 25 | | by the agency for a period of at least 24 months.
| 26 | | An agency may employ only a permanent employee applicant
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| 1 | | for which it either submitted a permanent employee application
| 2 | | and all required forms and fees or it confirms with the
| 3 | | Department that a permanent employee application and all
| 4 | | required forms and fees have been submitted by another agency,
| 5 | | licensee or the permanent employee and all other requirements
| 6 | | of this Section are met.
| 7 | | The Department shall have the authority to revoke,
without | 8 | | a hearing, the temporary authority of an individual to
work | 9 | | upon receipt of Federal Bureau of Investigation
fingerprint | 10 | | data or a report of another official authority
indicating a | 11 | | criminal conviction. If the Department has not
received a | 12 | | temporary employee's Federal Bureau of
Investigation | 13 | | fingerprint data within 120 days of the date the
Department | 14 | | received the Department of State Police fingerprint
data, the | 15 | | Department may, at its discretion, revoke the
employee's | 16 | | temporary authority to work with 15 days written
notice to the | 17 | | individual and the employing agency.
| 18 | | An agency may not employ a person in a temporary capacity
| 19 | | if it knows or reasonably should have known that the person
has | 20 | | been convicted of a crime under the laws of this State,
has | 21 | | been convicted in another state of any crime that is a
crime | 22 | | under the laws of this State, has been convicted of any
crime | 23 | | in a federal court, or has been posted as an unapproved
| 24 | | applicant by the Department. Notice by the Department to the
| 25 | | agency, via certified mail, personal delivery, electronic
| 26 | | mail, or posting on the Department's Internet site accessible
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| 1 | | to the agency that the person has been convicted of a crime
| 2 | | shall be deemed constructive knowledge of the conviction on
the | 3 | | part of the agency. The Department may adopt rules to
implement | 4 | | this
subsection (k).
| 5 | | (l) No person may be employed under this Section in any
| 6 | | 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 | | that submitted the fingerprints on behalf of that person.
| 18 | | (n) Peace officers shall be exempt from the requirements
of | 19 | | this Section relating to permanent employee registration
| 20 | | cards. The agency shall remain responsible for any peace
| 21 | | officer employed under this exemption, regardless of whether
| 22 | | the peace officer is compensated as an employee or as an
| 23 | | independent contractor and as further defined by rule.
| 24 | | (o) Persons who have no access to confidential or
security | 25 | | information, who do not go to a client's or prospective | 26 | | client's residence or place of business, and who otherwise do |
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| 1 | | not provide
traditional security services are exempt from | 2 | | employee
registration. Examples of exempt employees include, | 3 | | but are
not limited to, employees working in the capacity of | 4 | | ushers,
directors, ticket takers, cashiers, drivers, and | 5 | | reception
personnel. Confidential or security information is | 6 | | that which
pertains to employee files, scheduling, client | 7 | | contracts, or
technical security and alarm data.
| 8 | | (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07; | 9 | | 96-847, eff. 6-1-10 .)
| 10 | | (225 ILCS 447/50-50 new) | 11 | | Sec. 50-50. Confidentiality. All information collected by | 12 | | the Department in the course of an examination or investigation | 13 | | of a licensee or applicant, including, but not limited to, any | 14 | | complaint against a licensee filed with the Department and | 15 | | information collected to investigate any such complaint, shall | 16 | | be maintained for the confidential use of the Department and | 17 | | shall not be disclosed. The Department shall not disclose the | 18 | | information to anyone other than law enforcement officials, | 19 | | regulatory agencies that have an appropriate regulatory | 20 | | interest as determined by the Secretary, or a party presenting | 21 | | a lawful subpoena to the Department. Information and documents | 22 | | disclosed to a federal, State, county, or local law enforcement | 23 | | agency shall not be disclosed by the agency for any purpose to | 24 | | any other agency or person. A formal complaint filed against a | 25 | | licensee by the Department or any order issued by the |
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| 1 | | Department against a licensee or applicant shall be a public | 2 | | record, except as otherwise prohibited by law.
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.
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