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92_HB4879enr
HB4879 Enrolled LRB9212094ACcd
1 AN ACT concerning the regulation of professions.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Private Detective, Private Alarm,
5 Private Security, and Locksmith Act of 1993 is amended by
6 changing Sections 75, 80, and 185 as follows:
7 (225 ILCS 446/75)
8 (Section scheduled to be repealed on December 31, 2003)
9 Sec. 75. Qualifications for licensure and agency
10 certification.
11 (a) Private Detective. A person is qualified to receive
12 a license as a private detective if he or she meets all of
13 the following requirements:
14 (1) Is at least 21 years of age.
15 (2) Has not been convicted in any jurisdiction of
16 any felony or at least 10 years have expired from the
17 time of discharge from any sentence imposed for a felony.
18 (3) Is of good moral character. Good character is
19 a continuing requirement of licensure. Conviction of
20 crimes not listed in paragraph (2) of subsection (a) of
21 this Section may be used in determining moral character,
22 but does not operate as an absolute bar to licensure.
23 (4) Has not been declared by any court of competent
24 jurisdiction to be incompetent by reason of mental or
25 physical defect or disease unless a court has since
26 declared him or her to be competent.
27 (5) Is not suffering from habitual drunkenness or
28 from narcotic addiction or dependence.
29 (6) Has a minimum of 3 years experience out of the
30 5 years immediately preceding his or her application
31 working full-time for a licensed private detective agency
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1 as a registered private detective employee or with 3
2 years experience out of the 5 years immediately preceding
3 his or her application employed as a full-time
4 investigator for a licensed attorney or in a law
5 enforcement agency of a federal or State political
6 subdivision, which shall include a State's Attorney's
7 office or a Public Defender's office, such full-time
8 investigator experience to be approved by the Board and
9 the Department. An applicant who has obtained a
10 baccalaureate degree in police science or a related field
11 or a business degree from an accredited college or
12 university shall be given credit for 2 of the 3 years
13 experience required under this Section. An applicant who
14 has obtained an associate degree in police science or a
15 related field or in business from an accredited college
16 or university shall be given credit for one of the 3
17 years experience required under this Section.
18 (7) Has not been dishonorably discharged from the
19 armed services of the United States.
20 (8) Has successfully passed an examination
21 authorized by the Department. The examination shall
22 include subjects reasonably related to the activities
23 licensed so as to provide for the protection of the
24 health and safety of the public.
25 (9) Has not violated Section 15, 20, or 25 of this
26 Act, but this requirement does not operate as an absolute
27 bar to licensure.
28 It is the responsibility of the applicant to obtain
29 liability insurance in an amount and coverage type
30 appropriate as determined by rule for the applicant's
31 individual business circumstances. The applicant shall
32 provide evidence of insurance to the Department before being
33 issued a license. This insurance requirement is a continuing
34 requirement for licensure. Failure to maintain insurance
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1 shall result in cancellation of the license by the
2 Department.
3 (b) Private security contractor. A person is qualified
4 to receive a license as a private security contractor if he
5 or she meets all of the following requirements:
6 (1) Is at least 21 years of age.
7 (2) Has not been convicted in any jurisdiction of
8 any felony or at least 10 years have expired from the
9 time of discharge from any sentence imposed for a felony.
10 (3) Is of good moral character. Good moral
11 character is a continuing requirement of licensure.
12 Convictions of crimes not listed in paragraph (2) of
13 subsection (b) of this Section may be used in determining
14 moral character, but do not operate as an absolute bar to
15 licensure.
16 (4) Has not been declared by any court of competent
17 jurisdiction to be incompetent by reason of mental or
18 physical defect or disease unless a court has since
19 declared him or her to be competent.
20 (5) Is not suffering from habitual drunkenness or
21 from narcotic addiction or dependence.
22 (6) Has a minimum of 3 years experience out of the
23 5 years immediately preceding his or her application as a
24 full-time manager or administrator for a licensed private
25 security contractor agency or a manager or administrator
26 of a proprietary security force of 30 or more persons
27 registered with the Department, or with 3 years
28 experience out of the 5 years immediately preceding his
29 or her application as a full-time supervisor in a law
30 enforcement agency of a federal or State political
31 subdivision, which shall include a State's Attorney's
32 office or Public Defender's office, such full-time
33 supervisory experience to be approved by the Board and
34 the Department. An applicant who has obtained a
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1 baccalaureate degree in police science or a related field
2 or a business degree from an accredited college or
3 university shall be given credit for 2 of the 3 years
4 experience required under this Section. An applicant who
5 has obtained an associate degree in police science or a
6 related field or in business from an accredited college
7 or university shall be given credit for one of the 3
8 years experience required under this Section.
9 (7) Has not been dishonorably discharged from the
10 armed services of the United States.
11 (8) Has successfully passed an examination
12 authorized by the Department. The examination shall
13 include subjects reasonably related to the activities
14 licensed so as to provide for the protection of the
15 health and safety of the public.
16 (9) Has not violated Section 15, 20, or 25 of this
17 Act, but this requirement does not operate as an absolute
18 bar to licensure.
19 It is the responsibility of the applicant to obtain
20 liability insurance in amount and coverage type appropriate
21 as determined by rule for the applicant's individual business
22 circumstances. The applicant shall provide evidence of
23 insurance to the Department before being issued a license.
24 This insurance requirement is a continuing requirement for
25 licensure. Failure to maintain insurance shall result in
26 cancellation of the license by the Department.
27 (c) Private alarm contractor. A person is qualified to
28 receive a license as a private alarm contractor if he or she
29 meets all of the following requirements:
30 (1) Is at least 21 years of age.
31 (2) Has not been convicted in any jurisdiction of
32 any felony or at least 10 years have expired from the
33 time of discharge from any sentence imposed for a felony.
34 (3) Is of good moral character. Good moral
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1 character is a continuing requirement of licensure.
2 Convictions of crimes not listed in paragraph (2) of
3 subsection (c) of this Section may be used in determining
4 moral character, but do not operate as an absolute bar to
5 licensure.
6 (4) Has not been declared by any court of competent
7 jurisdiction to be incompetent by reason of mental or
8 physical defect or disease unless a court has since
9 declared him or her to be competent.
10 (5) Is not suffering from habitual drunkenness or
11 from narcotic addiction or dependence.
12 (6) Has not been dishonorably discharged from the
13 armed services of the United States.
14 (7) Has a minimum of 3 years experience out of the
15 5 years immediately preceding application as a full time
16 manager or administrator for an agency licensed as a
17 private alarm contractor agency, or for an entity that
18 designs, sells, installs, services, or monitors alarm
19 systems which in the judgment of the Board satisfies
20 standards of alarm industry competence. An individual
21 who has received a 4 year degree in electrical
22 engineering or a related field from a program approved by
23 the Board shall be given credit for 2 years of experience
24 under this item (7). An individual who has successfully
25 completed a national certification program approved by
26 the Board shall be given credit for one year of
27 experience under this item (7).
28 (8) Has successfully passed an examination
29 authorized by the Department. The examination shall
30 include subjects reasonably related to the activities
31 licensed so as to provide for the protection of the
32 health and safety of the public.
33 (9) Has not violated Section 15, 20, or 25 of this
34 Act, but this requirement does not operate as an absolute
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1 bar to licensure.
2 It is the responsibility of the applicant to obtain
3 liability insurance in an amount and coverage type
4 appropriate as determined by rule for the applicant's
5 individual business circumstances. The applicant shall
6 provide evidence of insurance to the Department before being
7 issued a license. This insurance requirement is a continuing
8 requirement for licensure. Failure to maintain insurance
9 shall result in cancellation of the license by the
10 Department.
11 Alternatively, a person is qualified to receive a license
12 as a private alarm contractor without meeting the
13 requirements of items (7), (8), and (9) of this subsection,
14 if he or she:
15 (i) applies for a license between September 2, 2002
16 July 1, 2000 and September 5, 2002 August 31, 2000, in
17 writing, on forms supplied by the Department;
18 (ii) provides proof to the Department that he or
19 she was engaged in the alarm contracting business on or
20 before July 1, 1975 January 1, 1984;
21 (iii) submits the photographs, fingerprints, proof
22 of insurance, and current license fee required by the
23 Department; and
24 (iv) has not violated Section 25 of this Act; and.
25 (v) has held a Permanent Employee Registration Card
26 for a minimum of 12 months.
27 (d) Locksmith. A person is qualified to receive a
28 license as a locksmith if he or she meets all of the
29 following requirements:
30 (1) Is at least 18 years of age.
31 (2) Has not violated any provisions of Section 120
32 of this Act.
33 (3) Has not been convicted in any jurisdiction of
34 any felony or at least 10 years have expired from the
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1 time of discharge from any sentence imposed for a felony.
2 (4) Is of good moral character. Good moral
3 character is a continuing requirement of licensure.
4 Convictions of crimes not listed in paragraph (3) of
5 subsection (d) of this Section may be used in determining
6 moral character, but do not operate as an absolute bar to
7 licensure.
8 (5) Has not been declared by any court of competent
9 jurisdiction to be incompetent by reason of mental or
10 physical defect or disease unless a court has since
11 declared him or her to be competent.
12 (6) Is not suffering from habitual drunkenness or
13 from narcotic addiction or dependence.
14 (7) Has not been dishonorably discharged from the
15 armed services of the United States.
16 (8) Has passed an examination authorized by the
17 Department in the theory and practice of the profession.
18 (9) Has submitted to the Department proof of
19 insurance sufficient for the individual's business
20 circumstances. The Department, with input from the
21 Board, shall promulgate rules specifying minimum
22 insurance requirements. This insurance requirement is a
23 continuing requirement for licensure. Failure to
24 maintain insurance shall result in the cancellation of
25 the license by the Department. A locksmith employed by a
26 licensed locksmith agency or employed by a private
27 concern may provide proof that his or her actions as a
28 locksmith are covered by the insurance of his or her
29 employer.
30 (e) Private detective agency. Upon payment of the
31 required fee and proof that the applicant has a full-time
32 Illinois licensed private detective in charge, which is a
33 continuing requirement for agency certification, the
34 Department shall issue, without examination, a certificate as
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1 a private detective agency to any of the following:
2 (1) An individual who submits an application in
3 writing and who is a licensed private detective under
4 this Act.
5 (2) A firm or association that submits an
6 application in writing and all of the members of the firm
7 or association are licensed private detectives under this
8 Act.
9 (3) A duly incorporated or registered corporation
10 allowed to do business in Illinois that is authorized by
11 its articles of incorporation to engage in the business
12 of conducting a detective agency, provided at least one
13 officer or executive employee is licensed as a private
14 detective under this Act and all unlicensed officers and
15 directors of the corporation are determined by the
16 Department to be persons of good moral character.
17 No private detective may be the private detective in
18 charge for more than one agency. Upon written request by a
19 representative of an agency within 10 days after the loss of
20 a licensee in charge of an agency because of the death of
21 that individual or because of an unanticipated termination of
22 the employment of that individual, the Department shall issue
23 a temporary permit allowing the continuing operation of a
24 previously licensed agency. No temporary permit shall be
25 valid for more than 90 days. An extension of an additional
26 90 days may be granted by the Department for good cause shown
27 upon written request by the representative of the agency. No
28 more than 2 extensions may be granted to any agency. No
29 temporary permit shall be issued for the loss of the
30 detective in charge because of disciplinary action by the
31 Department.
32 (f) Private alarm contractor agency. Upon receipt of
33 the required fee and proof that the applicant has a full-time
34 Illinois licensed private alarm contractor in charge, which
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1 is a continuing requirement for agency certification, the
2 Department shall issue, without examination, a certificate as
3 a private alarm contractor agency to any of the following:
4 (1) An individual who submits an application in
5 writing and who is a licensed private alarm contractor
6 under this Act.
7 (2) A firm or association that submits an
8 application in writing that all of the members of the
9 firm or association are licensed private alarm
10 contractors under this Act.
11 (3) A duly incorporated or registered corporation
12 allowed to do business in Illinois that is authorized by
13 its articles of incorporation to engage in the business
14 of conducting a private alarm contractor agency, provided
15 at least one officer or executive employee is licensed as
16 a private alarm contractor under this Act and all
17 unlicensed officers and directors of the corporation are
18 determined by the Department to be persons of good moral
19 character.
20 No private alarm contractor may be the private alarm
21 contractor in charge for more than one agency. Upon written
22 request by a representative of an agency within 10 days after
23 the loss of a licensed private alarm contractor in charge of
24 an agency because of the death of that individual or because
25 of the unanticipated termination of the employment of that
26 individual, the Department shall issue a temporary permit
27 allowing the continuing operation of a previously licensed
28 agency. No temporary permit shall be valid for more than 90
29 days. An extension of an additional 90 days may be granted
30 by the Department for good cause shown and upon written
31 request by the representative of the agency. No more than 2
32 extensions may be granted to any agency. No temporary permit
33 shall be issued for the loss of the licensee in charge
34 because of disciplinary action by the Department.
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1 (g) Private security contractor agency. Upon receipt of
2 the required fee and proof that the applicant has a full-time
3 Illinois licensed private security contractor in charge,
4 which is continuing requirement for agency certification, the
5 Department shall issue, without examination, a certificate as
6 a private security contractor agency to any of the following:
7 (1) An individual who submits an application in
8 writing and who is a licensed private security contractor
9 under this Act.
10 (2) A firm or association that submits an
11 application in writing that all of the members are
12 licensed private security contractors under this Act.
13 (3) A duly incorporated or registered corporation
14 allowed to do business in Illinois that is authorized by
15 its articles of incorporation to engage in the business
16 of conducting a private security contractor agency,
17 provided at least one officer or executive employee is
18 licensed as a private security contractor under this Act
19 and all unlicensed officers and directors of the
20 corporation are determined by the Department to be
21 persons of good moral character.
22 No private security contractor may be the private
23 security contractor in charge for more than one agency. Upon
24 written request by a representative of the agency within 10
25 days after the loss of a licensee in charge of an agency
26 because of the death of that individual or because of the
27 unanticipated termination of the employment of that
28 individual, the Department shall issue a temporary permit
29 allowing the continuing operation of a previously licensed
30 agency. No temporary permit shall be valid for more than 90
31 days. An extension of an additional 90 days may be granted
32 upon written request by the representative of the agency. No
33 more than 2 extensions may be granted to any agency. No
34 temporary permit shall be issued for the loss of the licensee
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1 in charge because of disciplinary action by the Department.
2 (h) Licensed locksmith agency. Upon receipt of the
3 required fee and proof that the applicant is an Illinois
4 licensed locksmith who shall assume full responsibility for
5 the operation of the agency and the directed actions of the
6 agency's employees, which is a continuing requirement for
7 agency licensure, the Department shall issue, without
8 examination, a certificate as a Locksmith Agency to any of
9 the following:
10 (1) An individual who submits an application in
11 writing and who is a licensed locksmith under this Act.
12 (2) A firm or association that submits an
13 application in writing and certifies that all of the
14 members of the firm or association are licensed
15 locksmiths under this Act.
16 (3) A duly incorporated or registered corporation
17 or limited liability company allowed to do business in
18 Illinois that is authorized by its articles of
19 incorporation or organization to engage in the business
20 of conducting a locksmith agency, provided that at least
21 one officer or executive employee of a corporation or one
22 member of a limited liability company is licensed as a
23 locksmith under this Act, and provided that person agrees
24 in writing on a form acceptable to the Department to
25 assume full responsibility for the operation of the
26 agency and the directed actions of the agency's
27 employees, and further provided that all unlicensed
28 officers and directors of the corporation or members of
29 the limited liability company are determined by the
30 Department to be persons of good moral character.
31 An individual licensed locksmith operating under a
32 business name other than the licensed locksmith's own name
33 shall not be required to obtain a locksmith agency license if
34 that licensed locksmith does not employ any persons to engage
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1 in the practice of locksmithing.
2 An applicant for licensure as a locksmith agency shall
3 submit to the Department proof of insurance sufficient for
4 the agency's business circumstances. The Department shall
5 promulgate rules specifying minimum insurance requirements.
6 This insurance requirement is a continuing requirement for
7 licensure.
8 No licensed locksmith may be the licensed locksmith
9 responsible for the operation of more than one agency except
10 for any individual who submits proof to the Department that,
11 on the effective date of this amendatory Act of 1995, he or
12 she is actively responsible for the operations of more than
13 one agency. A licensed private alarm contractor who is
14 responsible for the operation of a licensed private alarm
15 contractor agency and who is a licensed locksmith may also be
16 the licensed locksmith responsible for the operation of a
17 locksmith agency.
18 Upon written request by a representative of an agency
19 within 10 days after the loss of a responsible licensed
20 locksmith of an agency, because of the death of that
21 individual or because of the unanticipated termination of the
22 employment of that individual, the Department shall issue a
23 temporary permit allowing the continuing operation of a
24 previously licensed locksmith agency. No temporary permit
25 shall be valid for more than 90 days. An extension for an
26 additional 90 days may be granted by the Department for good
27 cause shown and upon written request by a representative of
28 the agency. No more than 2 extensions may be granted to any
29 agency. No temporary permit shall be issued to any agency
30 due to the loss of the responsible locksmith because of
31 disciplinary action by the Department.
32 (i) Proprietary Security Force. All commercial or
33 industrial operations that employ 5 or more persons as armed
34 security guards and all financial institutions that employ
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1 armed security guards shall register their security forces
2 with the Department on forms provided by the Department.
3 All armed security guard employees of the registered
4 proprietary security force shall be required to complete a
5 20-hour basic training course and 20-hour firearm training
6 course in accordance with administrative rules.
7 Each proprietary security force shall be required to
8 apply to the Department, on forms supplied by the Department,
9 for the issuance of a firearm authorization card, in
10 accordance with administrative rules, for each armed employee
11 of the security force.
12 The Department shall prescribe rules for the
13 administration of this Section.
14 (j) Any licensed agency that operates a branch office as
15 defined in this Act shall apply for a branch office license.
16 (Source: P.A. 90-436, eff. 1-1-98; 90-580, eff. 5-21-98;
17 90-602, eff. 6-26-98; 91-357, eff. 7-29-99; 91-815, eff.
18 6-13-00.)
19 (225 ILCS 446/80)
20 (Section scheduled to be repealed on December 31, 2003)
21 Sec. 80. Employee requirements. All employees of a
22 licensed agency, other than those exempted, shall apply for a
23 Permanent Employee Registration Card. The holder of an
24 agency certificate issued under this Act, known in this Act
25 as "employer", may employ in the conduct of his or her
26 business employees under the following provisions:
27 (a) No person shall be issued a permanent employee
28 registration card who:
29 (1) Is under 18 years of age.
30 (2) Is under 21 years of age if the services will
31 include being armed.
32 (3) Has been determined by the Department to be
33 unfit by reason of conviction of an offense in this or
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1 another state, other than a minor traffic offense. The
2 Department shall promulgate rules for procedures by which
3 those circumstances shall be determined and that afford
4 the applicant due process of law.
5 (4) Has had a license or permanent employee
6 registration card refused, denied, suspended, or revoked
7 under this Act.
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, or private alarm
15 contractor agency, or locksmith agency under this Section
16 until he or she has executed and furnished to the employer,
17 on forms furnished by the Department, a verified statement to
18 be known as "Employee's Statement" setting forth:
19 (1) The person's full name, age, and residence
20 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
26 employee registration refused, revoked, or suspended
27 under this Act.
28 (4) Any conviction of a felony or misdemeanor.
29 (5) Any declaration of incompetency by a court of
30 competent jurisdiction that has not been restored.
31 (6) Any dishonorable discharge from the armed
32 services of the United States.
33 (7) Any other information as may be required by any
34 rule of the Department to show the good character,
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1 competency, and integrity of the person executing the
2 statement.
3 (c) Each applicant for a permanent employee
4 registration card shall have his or her fingerprints
5 submitted to the Department of State Police in an electronic
6 format that complies with the form and manner for requesting
7 and furnishing criminal history record information as
8 prescribed by the Department of State Police. These
9 fingerprints shall be checked against the Department of State
10 Police and Federal Bureau of Investigation criminal history
11 record databases now and hereafter filed. The Department of
12 State Police shall charge applicants a fee for conducting the
13 criminal history records check, which shall be deposited in
14 the State Police Services Fund and shall not exceed the
15 actual cost of the records check. The Department of State
16 Police shall furnish, pursuant to positive identification,
17 records of Illinois convictions to the Department. The
18 Department may require applicants to pay a separate
19 fingerprinting fee, either to the Department or directly to
20 the vendor. The Department, in its discretion, may allow an
21 applicant who does not have reasonable access to a designated
22 vendor to provide his or her fingerprints in an alternative
23 manner. The Department, in its discretion, may also use other
24 procedures in performing or obtaining criminal background
25 checks of applicants. submit to the Department with the
26 applicable fees, on fingerprint cards furnished by the
27 Department, 2 complete sets of fingerprints that are verified
28 to be those of the applicant. If an applicant's fingerprint
29 cards are returned to the Department as unclassifiable by the
30 screening agency, the applicant has 90 days after
31 notification is sent by the Department to submit additional
32 fingerprint cards taken by a different technician to replace
33 the unclassifiable fingerprint cards.
34 The Department shall notify the submitting licensed
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1 agency within 10 days if the applicant's fingerprint cards
2 are returned to the Department as unclassifiable. However,
3 Instead of submitting his or her fingerprints, an individual
4 may submit proof that is satisfactory to the Department that
5 an equivalent security clearance has been conducted. Also, a
6 full-time peace officer or an individual who has retired as a
7 peace officer within 12 months of application may submit
8 verification, on forms provided by the Department and signed
9 by one's employer, of his or her full-time employment as a
10 peace officer. "Peace officer" means any person who by
11 virtue of his or her office or public employment is vested by
12 law with a duty to maintain public order or to make arrests
13 for offenses, whether that duty extends to all offenses or is
14 limited to specific offenses; officers, agents, or employees
15 of the federal government commissioned by federal statute to
16 make arrests for violations of federal criminal laws are
17 considered peace officers.
18 (d) Upon receipt of the verified fingerprint cards, the
19 Department shall cause the fingerprints to be compared with
20 fingerprints of criminals now or hereafter filed with the
21 Illinois Department of State Police. The Department may also
22 cause the fingerprints to be checked against the fingerprints
23 of criminals now or hereafter filed in the records of other
24 official fingerprint files within or without this State. The
25 Department shall issue a permanent employee registration
26 card, in a form the Department prescribes, to all qualified
27 applicants. The Department shall notify the submitting
28 licensed agency within 10 days upon the issuance of or intent
29 to deny the permanent employee registration card. The holder
30 of a permanent employee registration card shall carry the
31 card at all times while actually engaged in the performance
32 of the duties of his or her employment. Expiration and
33 requirements for renewal of permanent employee registration
34 cards shall be established by rule of the Department.
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1 Possession of a permanent employee registration card does not
2 in any way imply that the holder of the card is employed by
3 an agency unless the permanent employee registration card is
4 accompanied by the employee identification card required by
5 subsection (g) of this Section.
6 (e) (Blank). Within 5 days of the receipt of the
7 application materials, the Department shall institute an
8 investigation for a criminal record by checking the
9 applicant's name with immediately available criminal history
10 information systems.
11 (f) Each employer shall maintain a record of each
12 employee that is accessible to the duly authorized
13 representatives of the Department. The record shall contain
14 the following information:
15 (1) A photograph taken within 10 days of the date
16 that the employee begins employment with the employer.
17 The photograph shall be replaced with a current
18 photograph every 3 calendar years.
19 (2) The employee's statement specified in
20 subsection (b) of this Section.
21 (3) All correspondence or documents relating to the
22 character and integrity of the employee received by the
23 employer from any official source or law enforcement
24 agency.
25 (4) In the case of former employees, the employee
26 identification card of that person issued under
27 subsection (g) of this Section.
28 Each employee record shall duly note if the employee is
29 employed in an armed capacity. Armed employee files shall
30 contain a copy of an active Firearm Owners Identification
31 Card and a copy of an active Firearm Authorization Card.
32 Each employer shall maintain a record for each armed
33 employee of each instance in which the employee's weapon was
34 discharged during the course of his or her professional
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1 duties or activities. The record shall be maintained on
2 forms provided by the Department, a copy of which must be
3 filed with the Department within 15 days of an instance. The
4 record shall include the date and time of the occurrence, the
5 circumstances involved in the occurrence, and any other
6 information as the Department may require. Failure to
7 provide this information to the Department or failure to
8 maintain the record as a part of each armed employee's
9 permanent file is grounds for disciplinary action. The
10 Department, upon receipt of a report, shall have the
11 authority to make any investigation it considers appropriate
12 into any occurrence in which an employee's weapon was
13 discharged and to take disciplinary action as may be
14 appropriate.
15 The Department may, by rule, prescribe further record
16 requirements.
17 (g) Every employer shall furnish an employee
18 identification card to each of his or her employees. This
19 employee identification card shall contain a recent
20 photograph of the employee, the employee's name, the name and
21 agency certification number of the employer, the employee's
22 personal description, the signature of the employer, the
23 signature of that employee, the date of issuance, and an
24 employee identification card number.
25 (h) No employer may issue an employee identification
26 card to any person who is not employed by the employer in
27 accordance with this Section or falsely state or represent
28 that a person is or has been in his or her employ. It is
29 unlawful for an applicant for registered employment to file
30 with the Department the fingerprints of a person other than
31 himself or herself, or to fail to exercise due diligence in
32 resubmitting replacement fingerprints for those employees who
33 have had original fingerprint submissions returned as
34 unclassifiable.
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1 (i) Every employer shall obtain the identification card
2 of every employee who terminates employment with him or her.
3 (j) Every employer shall maintain a separate roster of
4 the names of all employees currently working in an armed
5 capacity and submit the roster to the Department on request.
6 (k) No agency may employ any person to perform a
7 licensed activity under this Act unless: (1) the person
8 possesses a valid permanent employee registration card, or
9 the person has a valid license under this Act, or the person
10 is exempt pursuant to subsection (o). ; or
11 (k-5) Notwithstanding the provisions of subsection (k),
12 an agency may employ a person in a temporary capacity if the
13 following conditions are met:
14 (1) The agency completes in its entirety and
15 submits to the Department an application for a permanent
16 employee registration card, including the required
17 fingerprint receipt and fees;
18 (2) The agency has verification from the Department
19 that the applicant has no record of any criminal
20 conviction pursuant to the criminal history check
21 conducted by the Department of State Police. The agency
22 shall maintain the verification of the results of the
23 Department of State Police criminal history check as part
24 of the employee record as required under subsection (f)
25 of this Section;
26 (3) The agency exercises due diligence to ensure
27 that the person is qualified under the requirements of
28 the Act to be issued a permanent employee registration
29 card; and
30 (4) The agency maintains a separate roster of the
31 names of all employees whose applications are currently
32 pending with the Department and submits the roster to the
33 Department on a monthly basis. Rosters are to be
34 maintained by the agency for a period of at least 24
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1 months.
2 An agency may employ only a permanent employee applicant
3 for which it either submitted a permanent employee
4 application and all required forms and fees or it confirms
5 with the Department that a permanent employee application and
6 all required forms and fees have been submitted by another
7 agency and all other requirements of this Section are met.
8 The Department shall have the authority to revoke,
9 without a hearing, the temporary authority of an individual
10 to work upon receipt of Federal Bureau of Investigation
11 fingerprint data or a report of another official authority
12 indicating a criminal conviction. If the Department has not
13 received a temporary employee's Federal Bureau of
14 Investigation fingerprint data within 120 days of the date
15 the Department received the Department of State Police
16 fingerprint data, the Department may, at its discretion,
17 revoke the employee's temporary authority to work with 15
18 days written notice to the individual and the employing
19 agency.
20 An agency may not employ a person in a temporary capacity
21 if it knows or reasonably should have known that the person
22 has been convicted of a crime under the laws of this State,
23 who has been convicted in another state of any crime that is
24 a crime under the laws of this State, who has been convicted
25 of any crime in a federal court, or who has been posted as an
26 unapproved applicant by the Department. Notice by the
27 Department to the agency, via certified mail, personal
28 delivery, electronic mail, or posting on an internet site
29 accessible to the agency that the person has been convicted
30 of a crime shall be deemed constructive knowledge of the
31 conviction on the part of the agency.
32 The Department may adopt rules to implement this
33 subsection (k-5).
34 (2) The agency:
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1 (i) on behalf of each person completes in its
2 entirety and submits to the Department an
3 application for a permanent employee registration
4 card, including the required fingerprint card and
5 fees;
6 (ii) exercises due diligence to ensure that
7 the person is qualified under the requirements of
8 the Act to be issued a permanent employee
9 registration card; and
10 (iii) maintains a separate roster of the names
11 of all employees whose applications are currently
12 pending with the Department and submits the roster
13 to the Department on a monthly basis. Rosters are
14 to be maintained by the agency for a period of at
15 least 24 months.
16 (l) (Blank). Failure by an agency to submit the
17 application, fees, and fingerprints specified in this Section
18 before scheduling the person for work shall result in a fine,
19 in an amount up to $1,000, or other disciplinary action being
20 imposed against the agency. Failure to maintain and submit
21 the specified rosters is grounds for discipline under this
22 Act.
23 (m) No person may be employed under this Section in any
24 capacity if:
25 (i) The person while so employed is being paid by
26 the United States or any political subdivision for the
27 time so employed in addition to any payments he or she
28 may receive from the employer.
29 (ii) The person wears any portion of his or her
30 official uniform, emblem of authority, or equipment while
31 so employed except as provided in Section 30.
32 (n) If information is discovered affecting the
33 registration of a person whose fingerprints were submitted
34 under this Section, the Department shall so notify the agency
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1 that submitted the fingerprints on behalf of that person.
2 (o) Peace officers, as defined in subsection (c), shall
3 be exempt from the requirements of this Section relating to
4 permanent employee registration cards. The agency shall
5 remain responsible for any peace officer employed under this
6 exemption, regardless of whether the peace officer is
7 compensated as an employee or an independent contractor and
8 as further defined by rule.
9 (Source: P.A. 91-357, eff. 7-29-99; 91-815, eff. 6-13-00.)
10 (225 ILCS 446/185)
11 (Section scheduled to be repealed on December 31, 2003)
12 Sec. 185. Firearm authorization; training courses.
13 (a) No person shall perform duties that include the use,
14 carrying, or possession of a firearm in the performance of
15 those duties without fully complying with this Section and
16 having been issued a valid firearm authorization card by the
17 Department. This Act permits only the following to carry
18 firearms while actually engaged in the performance of their
19 duties or while commuting directly to or from their places of
20 employment: persons licensed as private alarm contractors;
21 persons licensed as private detectives; persons licensed as
22 private security contractors and their registered employees;
23 and registered armed proprietary security forces and their
24 registered employees.
25 (b) No employer shall employ any person to perform the
26 duties for which employee registration is required under
27 Section 80 and allow that person to carry a firearm in the
28 performance of those duties unless that person has fully
29 complied with the firearm training requirements specified in
30 this Section and has been issued a valid firearm
31 authorization card by the Department.
32 Actual possession of a valid firearm authorization card
33 allows an employee to carry a firearm not otherwise
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1 prohibited by law, while the employee is actually engaged in
2 the performance of his or her duties or while the employee is
3 commuting directly to or from the employee's place or places
4 of employment, provided that this commuting is accomplished
5 within one hour from departure from home or a place of
6 employment.
7 (c) The Department shall evaluate and either approve or
8 disapprove training programs for the basic firearm training
9 course. The determination by the Department shall be
10 reasonably made.
11 The firearm training course shall be taught by an
12 instructor qualified to give the instruction. Reasonable
13 qualifications shall be determined by the Department.
14 The firearm training course may be conducted by agencies
15 or institutions approved by the Department or may be
16 conducted by a licensee or any agency certified by this Act
17 so long as the course is approved by the Department. The
18 firearm course shall consist of the following:
19 (1) A minimum of 40 hours of training, 20 of which
20 shall be as described in Section 180, and 20 of which
21 shall be as follows:
22 (i) instruction in the dangers of and misuse
23 of the firearm, safety rules, and care and cleaning
24 of the firearm;
25 (ii) practice firing on a range with live
26 ammunition;
27 (iii) instruction in the legal use of firearms
28 under the provisions of the Criminal Code of 1961,
29 and relevant court decisions;
30 (iv) a forceful presentation of the ethical
31 and moral consideration assumed by any person who
32 uses a firearm;
33 (v) a review of the current law regarding
34 arrest, search, and seizure; and
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1 (vi) liability for acts.
2 (2) An examination shall be given at the completion
3 of the course. The examination shall be in 2 parts which
4 shall consist of a firearms qualification course and a
5 written examination, which shall be approved by the
6 Department. Successful completion shall be determined by
7 the Department.
8 (d) The firearm training requirement shall be waived for
9 an employee who has completed training provided by the
10 Illinois Law Enforcement Training Standards Board, or the
11 equivalent public body in another state, provided supporting
12 documentation showing requalification with the weapon on the
13 firing range is submitted to the Department. Notwithstanding
14 any other provision of this Act to the contrary, all
15 requirements relating to firearms authorization cards do not
16 apply to a peace officer as defined in subsection (c) of
17 Section 80 of this Act. ; or for an employee who is also
18 employed as a law enforcement officer as defined in the
19 Illinois Police Training Act.
20 (e) The Department shall issue a firearm authorization
21 card to a person who has passed an approved basic firearm
22 training course, who is currently employed by an agency
23 certified under this Act, who is authorized under subsection
24 (a) of this Section, who has met all the requirements of the
25 Act, and who possesses a valid Firearm Owner Identification
26 Card. Application for the card shall be made by the employer
27 to the Department on forms provided by the Department. The
28 Department shall forward this card to the employer who shall
29 be responsible for its issuance. The firearm authorization
30 card shall be issued by the Department in the form of a
31 pocket card designed by the Department and shall identify the
32 person holding the card and the name of the course where the
33 employee received firearm instruction; the card shall specify
34 the type of weapon or weapons that the person is authorized
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1 by the Department to carry and for which the person has been
2 trained.
3 (f) Expiration and requirements for renewal of firearm
4 authorization cards shall be established by rule of the
5 Department.
6 (g) The Department may, in addition to any other
7 discipline allowed under this Act, refuse to issue, suspend,
8 or revoke a firearm authorization card if the applicant or
9 holder has been convicted of any felony or any crime
10 involving the illegal use, carrying, or possession of a
11 deadly weapon, or for violation of this Act or rules
12 promulgated under this Act. The procedures in this Act for
13 disciplining a licensee shall be followed in taking action
14 under this paragraph.
15 The Department shall refuse to issue or shall revoke a
16 Firearm Authorization Card if the applicant or holder fails
17 to hold a valid Firearm Owners Identification Card.
18 The Director shall summarily suspend a firearm
19 authorization card if the Director finds that continued use
20 of the card would constitute an immediate danger to the
21 public health, safety, or welfare. A prompt hearing on the
22 charges shall be held before the Board if the Director
23 summarily suspends a Firearm Authorization Card.
24 (Source: P.A. 88-363; 88-586, eff. 8-12-94; 89-694, eff.
25 12-31-96.)
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.
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