HB3210ham001 101ST GENERAL ASSEMBLY

Rep. Aaron M. Ortiz

Filed: 3/26/2019

10100HB3210ham001 LRB101 07328 RAB 58443 a

AMENDMENT TO HOUSE BILL 3210

AMENDMENT NO. ______. Amend House Bill 3210 by replacing everything after the enacting clause with the following:

"Section 5. The Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 is amended by changing Sections 15-25 and 25-20 as follows:

(225 ILCS 447/15-25)

(Section scheduled to be repealed on January 1, 2024)

Sec. 15-25. Training; private detective and employees.

(a) Registered employees of a private detective agency shall complete, within 30 days of their employment, a minimum of 20 hours of basic training provided by a qualified instructor. The substance of the training shall be related to the work performed by the registered employee. The training may be classroom-based or online Internet-based but shall not be conducted as on-the-job training and shall include relevant information as to the identification of terrorists, acts of terrorism, and terrorist organizations, as defined by federal and State statutes.

(a-5) In addition to the basic training required in subsection (a), registered employees of a private detective agency shall complete an additional minimum of 8 hours of annual training for every calendar year, commencing with the calendar year beginning after the employee's hire date.

(a-10) Annual training for registered employees shall be based on subjects related to the work performed as determined by the employer and may be conducted in a classroom or seminar setting or via Internet-based online learning programs. Annual training may not be conducted as on-the-job training.

(b) It is the responsibility of the employer to certify, on a form provided by the Department, that the employee has successfully completed the basic and annual training. The original form or a copy shall be a permanent record of training completed by the employee and shall be placed in the employee's file with the employer for the period the employee remains with the employer. An agency may place a notarized copy of the Department form in lieu of the original into the permanent employee registration card file. The original form shall be given to the employee when his or her employment is terminated. Failure to return the original form to the employee is grounds for disciplinary action. The employee shall not be required to repeat the required training once the employee has been issued the form. An employer may provide or require additional training.

(c) (Blank). Any certification of completion of the 20-hour basic training issued under the Private Detective, Private Alarm, Private Security, and Locksmith Act of 1993 or any prior Act shall be accepted as proof of training under this Act.

(d) All private detectives shall complete a minimum of 8 hours of annual training on a topic of their choosing, provided that the subject matter is reasonably related to their private detective practice. The annual training for private detectives may be completed utilizing any combination of hours obtained in a formal educational classroom setting, including, but not limited to, a live educational workshop or seminar offered by any industry-related product manufacturer or service provider, any recognized state or national industry association, any recognized continuing education provider, or by any accredited 2-year or 4-year college or university, or through Internet-based online training resources.

(e) The annual training requirements for private detectives shall not apply until the calendar year following the issuance of the private detective license.

(f) It shall be the responsibility of the private detective to keep and maintain a personal log of all training hours earned along with sufficient documentation for the Department to verify the annual training completed for at least 5 years. The personal training log and documentation shall be provided to the Department in the same manner as other documentation and records required under this Act.

(g) Recognizing the diverse professional practices of private detectives licensed under this Act, it is the intent of the training requirements in this Section to allow for a broad interpretation of the coursework, seminar subjects, or class topics to be considered reasonably related to the practice of any profession licensed under this Act.

(h) Notwithstanding any other professional license a private detective holds under this Act, no more than 8 hours of annual training shall be required for any one year.

(Source: P.A. 95-613, eff. 9-11-07.)

(225 ILCS 447/25-20)

(Section scheduled to be repealed on January 1, 2024)

Sec. 25-20. Training; private security contractor and employees.

(a) Registered employees of the private security contractor agency who provide traditional guarding or other private security related functions or who respond to alarm systems shall complete, within 30 days of their employment, a minimum of 20 hours of classroom basic training provided by a qualified instructor, which shall include the following subjects:

(1) The law regarding arrest and search and seizure as it applies to private security.

(2) Civil and criminal liability for acts related to private security.

(3) The use of force, including but not limited to the use of nonlethal force (i.e., disabling spray, baton, stungun, taser, or similar weapon).

(4) Verbal communication skills Arrest and control techniques.

(5) The offenses under the Criminal Code of 2012 that are directly related to the protection of persons and property.

(6) Private security officers and the criminal justice system The law on private security forces and on reporting to law enforcement agencies.

(7) Fire prevention, fire equipment, and fire safety.

(8) Report The procedures for report writing and observation techniques.

(9) Customer service Civil rights and public relations.

(10) The identification of terrorists, acts of terrorism, and terrorist organizations, as defined by federal and State statutes.

(b) All other employees of a private security contractor agency shall complete a minimum of 20 hours of training provided by the qualified instructor within 30 days of their employment. The substance of the training shall be related to the work performed by the registered employee.

(c) Registered employees of the private security contractor agency who provide guarding or other private security related functions, in addition to the classroom training required under subsection (a), within 6 months of their employment, shall complete an additional 8 hours of training on subjects to be determined by the employer, which training may be site-specific and may be conducted on the job.

(d) In addition to the basic training provided for in subsections (a) and (c), registered employees of the private security contractor agency who provide guarding or other private security related functions shall complete an additional 8 hours of refresher training on subjects to be determined by the employer each calendar year commencing with the calendar year following the employee's first employment anniversary date, which refresher training may be site-specific and may be conducted on the job.

(e) It is the responsibility of the employer to certify, on a form provided by the Department, that the employee has successfully completed the basic and refresher training. The original form or a copy shall be a permanent record of training completed by the employee and shall be placed in the employee's file with the employer for the period the employee remains with the employer. An agency may place a notarized copy of the Department form in lieu of the original into the permanent employee registration card file. The original form shall be given to the employee when his or her employment is terminated. Failure to return the original form to the employee is grounds for disciplinary action. The employee shall not be required to repeat the required training once the employee has been issued the form. An employer may provide or require additional training.

(f) (Blank). Any certification of completion of the 20-hour basic training issued under the Private Detective, Private Alarm, Private Security and Locksmith Act of 1993 or any prior Act shall be accepted as proof of training under this Act.

(g) All private security contractors shall complete a minimum of 8 hours of annual training on a topic of their choosing, provided that the subject matter of the training is reasonably related to their private security contractor practice. A minimum of 4 hours of the annual training must be completed in a formal educational classroom setting, including, but not limited to, a live continuing education seminar offered by any recognized state or national industry association, any recognized continuing education provider, or by any 2-year or 4-year college or university. No more than 4 hours of the annual training may be completed utilizing online training materials, online videos, or other similar training materials available via the Internet or through the reading of professional journals or publications.

(h) It shall be the responsibility of the private security contractor to keep and maintain a personal log of all training hours earned along with sufficient documentation necessary for the Department to verify the annual training completed for at least 5 years. The personal training log and documentation shall be provided to the Department in the same manner as other documentation and records required under this Act.

(i) Recognizing the diverse professional practices of private security contractors licensed under this Act, it is the intent of the training requirements in this Section to allow for a broad interpretation of the coursework, seminar subjects, or class topics to be considered reasonably related to the practice of any profession licensed under this Act.

(j) Notwithstanding any other professional license a private security contractor holds under this Act, no more than 8 hours of annual training shall be required for any one year.

(k) The annual training requirements for private security contractors shall not apply until the calendar year following the issuance of the private security contractor license.

(Source: P.A. 97-1150, eff. 1-25-13; 98-253, eff. 8-9-13; 98-756, eff. 7-16-14.)".