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(225 ILCS 447/35-30)
(Section scheduled to be repealed on January 1, 2024)
All employees of a
licensed agency, other than those exempted, shall apply for a
permanent employee registration card. The holder of an agency
license issued under this Act, known in this Section as
"employer", may employ in the conduct of his or her business
employees under the following provisions:
(a) No person shall be issued a permanent employee
registration card who:
(1) Is younger than 18 years of age.
(2) Is younger than 21 years of age if the services
will include being armed.
(3) Has been determined by the Department to be unfit
by reason of conviction of an offense in this or another state, including registration as a sex offender, but not including a traffic offense. Persons convicted of felonies involving bodily harm, weapons, violence, or theft within the previous 10 years shall be presumed to be unfit for registration. The Department shall adopt rules for making those determinations that shall afford the applicant due process of law.
(4) Has had a license or permanent employee
registration card denied, suspended, or revoked under this Act (i) within one year before the date the person's application for permanent employee registration card is received by the Department; and (ii) that refusal, denial, suspension, or revocation was based on any provision of this Act other than Section 40-50, item (6) or (8) of subsection (a) of Section 15-10, subsection (b) of Section 15-10, item (6) or (8) of subsection (a) of Section 20-10, subsection (b) of Section 20-10, item (6) or (8) of subsection (a) of Section 25-10, subsection (b) of Section 25-10, item (7) of subsection (a) of Section 30-10, subsection (b) of Section 30-10, or Section 10-40.
(5) Has been declared incompetent by any court of
competent jurisdiction by reason of mental disease or defect and has not been restored.
(6) Has been dishonorably discharged from the armed
services of the United States.
(b) No person may be employed by a private
detective agency, private security contractor agency, private
alarm contractor agency, fingerprint vendor agency, or locksmith agency under this
Section until he or she has executed and furnished to the
employer, on forms furnished by the Department, a verified
statement to be known as "Employee's Statement" setting forth:
(1) The person's full name, age, and residence
(2) The business or occupation engaged in for the 5
years immediately before the date of the execution of the statement, the place where the business or occupation was engaged in, and the names of employers, if any.
(3) That the person has not had a license or employee
registration denied, revoked, or suspended under this Act (i) within one year before the date the person's application for permanent employee registration card is received by the Department; and (ii) that refusal, denial, suspension, or revocation was based on any provision of this Act other than Section 40-50, item (6) or (8) of subsection (a) of Section 15-10, subsection (b) of Section 15-10, item (6) or (8) of subsection (a) of Section 20-10, subsection (b) of Section 20-10, item (6) or (8) of subsection (a) of Section 25-10, subsection (b) of Section 25-10, item (7) of subsection (a) of Section 30-10, subsection (b) of Section 30-10, or Section 10-40.
(4) Any conviction of a felony or misdemeanor.
(5) Any declaration of incompetence by a court of
competent jurisdiction that has not been restored.
(6) Any dishonorable discharge from the armed
services of the United States.
(7) Any other information as may be required by any
rule of the Department to show the good character, competency, and integrity of the person executing the statement.
(c) Each applicant for a permanent employee registration
card shall have his or her fingerprints submitted to the
Illinois State Police in an electronic format that
complies with the form and manner for requesting and
furnishing criminal history record information as prescribed
by the Illinois State Police. These fingerprints shall
be checked against the Illinois State Police and Federal
Bureau of Investigation criminal history record databases now
and hereafter filed. The Illinois State Police shall
charge applicants a fee for conducting the criminal history
records check, which shall be deposited in the State Police
Services Fund and shall not exceed the actual cost of the
records check. The Illinois State Police shall furnish,
pursuant to positive identification, records of Illinois
convictions to the Department. The Department may require
applicants to pay a separate fingerprinting fee, either to the
Department or directly to the vendor. The Department, in
its discretion, may allow an applicant who does not have
reasonable access to a designated vendor to provide his or her
fingerprints in an alternative manner. The
Department, in its discretion, may also use other
procedures in performing or obtaining criminal background
checks of applicants. Instead of submitting his or her
fingerprints, an individual may submit proof that is
satisfactory to the Department that an equivalent security
clearance has been conducted. Also, an individual who has
retired as a peace officer within 12 months of application may
submit verification, on forms provided by the Department and
signed by his or her employer, of his or her previous full-time employment as a
(d) The Department shall issue a permanent employee
registration card, in a form the Department prescribes, to all
The holder of a permanent employee registration card shall
carry the card at all times while actually engaged in the
performance of the duties of his or her employment.
Expiration and requirements for renewal of permanent employee
registration cards shall be established by rule of the
Department. Possession of a permanent employee registration
card does not in any way imply that the holder of the card is
employed by an agency unless the permanent employee
registration card is accompanied by the employee
identification card required by subsection (f) of this
(e) Each employer shall maintain a record of each
employee that is accessible to the duly authorized
representatives of the Department. The record shall contain
the following information:
(1) A photograph taken within 10 days of the date
that the employee begins employment with the employer. The photograph shall be replaced with a current photograph every 3 calendar years.
(2) The Employee's Statement specified in subsection
(3) All correspondence or documents relating to the
character and integrity of the employee received by the employer from any official source or law enforcement agency.
(4) In the case of former employees, the employee
identification card of that person issued under subsection (f) of this Section. Each employee record shall duly note if the employee is employed in an armed capacity. Armed employee files shall contain a copy of an active firearm owner's identification card and a copy of an active firearm control card. Each employer shall maintain a record for each armed employee of each instance in which the employee's weapon was discharged during the course of his or her professional duties or activities. The record shall be maintained on forms provided by the Department, a copy of which must be filed with the Department within 15 days of an instance. The record shall include the date and time of the occurrence, the circumstances involved in the occurrence, and any other information as the Department may require. Failure to provide this information to the Department or failure to maintain the record as a part of each armed employee's permanent file is grounds for disciplinary action. The Department, upon receipt of a report, shall have the authority to make any investigation it considers appropriate into any occurrence in which an employee's weapon was discharged and to take disciplinary action as may be appropriate.
(5) A copy of the employee's permanent employee
registration card or a copy of the Department's "License Lookup" Webpage showing that the employee has been issued a valid permanent employee registration card by the Department.
The Department may, by rule, prescribe further
(f) Every employer shall furnish an employee
identification card to each of his or her employees. This
employee identification card shall contain a recent photograph
of the employee, the employee's name, the name and agency
license number of the employer, the employee's personal
description, the signature of the employer, the signature of
that employee, the date of issuance, and an employee
identification card number.
(g) No employer may issue an employee identification
card to any person who is not employed by the employer in
accordance with this Section or falsely state or represent
that a person is or has been in his or her employ. It is
unlawful for an applicant for registered employment to file
with the Department the fingerprints of a person other than
himself or herself.
(h) Every employer shall obtain the identification card
of every employee who terminates employment with him or her.
(i) Every employer shall maintain a separate roster of
the names of all employees currently working in an armed
capacity and submit the roster to the Department on request.
(j) No agency may employ any person to perform a
licensed activity under this Act unless the person possesses a
valid permanent employee registration card or a valid license
under this Act, or is exempt pursuant to subsection (n).
(k) Notwithstanding the provisions of subsection (j), an
agency may employ a person in a temporary capacity if all of
the following conditions are met:
(1) The agency completes in its entirety and submits
to the Department an application for a permanent employee registration card, including the required fingerprint receipt and fees.
(2) The agency has verification from the Department
that the applicant has no record of any criminal conviction pursuant to the criminal history check conducted by the Illinois State Police. The agency shall maintain the verification of the results of the Illinois State Police criminal history check as part of the employee record as required under subsection (e) of this Section.
(3) The agency exercises due diligence to ensure that
the person is qualified under the requirements of the Act to be issued a permanent employee registration card.
(4) The agency maintains a separate roster of the
names of all employees whose applications are currently pending with the Department and submits the roster to the Department on a monthly basis. Rosters are to be maintained by the agency for a period of at least 24 months.
An agency may employ only a permanent employee applicant
for which it either submitted a permanent employee application
and all required forms and fees or it confirms with the
Department that a permanent employee application and all
required forms and fees have been submitted by another agency,
licensee or the permanent employee and all other requirements
of this Section are met.
The Department shall have the authority to revoke,
without a hearing, the temporary authority of an individual to
work upon receipt of Federal Bureau of Investigation
fingerprint data or a report of another official authority
indicating a criminal conviction. If the Department has not
received a temporary employee's Federal Bureau of
Investigation fingerprint data within 120 days of the date the
Department received the Illinois State Police fingerprint
data, the Department may, at its discretion, revoke the
employee's temporary authority to work with 15 days written
notice to the individual and the employing agency.
An agency may not employ a person in a temporary capacity
if it knows or reasonably should have known that the person
has been convicted of a crime under the laws of this State,
has been convicted in another state of any crime that is a
crime under the laws of this State, has been convicted of any
crime in a federal court, or has been posted as an unapproved
applicant by the Department. Notice by the Department to the
agency, via certified mail, personal delivery, electronic
mail, or posting on the Department's Internet site accessible
to the agency that the person has been convicted of a crime
shall be deemed constructive knowledge of the conviction on
the part of the agency. The Department may adopt rules to
(l) No person may be employed under this Section in any
(1) the person, while so employed, is being paid by
the United States or any political subdivision for the time so employed in addition to any payments he or she may receive from the employer; or
(2) the person wears any portion of his or her
official uniform, emblem of authority, or equipment while so employed.
(m) If information is discovered affecting the
registration of a person whose fingerprints were submitted
under this Section, the Department shall so notify the agency
that submitted the fingerprints on behalf of that person.
(n) Peace officers shall be exempt from the requirements
of this Section relating to permanent employee registration
cards. The agency shall remain responsible for any peace
officer employed under this exemption, regardless of whether
the peace officer is compensated as an employee or as an
independent contractor and as further defined by rule.
(o) Persons who have no access to confidential or
security information, who do not go to a client's or prospective client's residence or place of business, and who otherwise do not provide
traditional security services are exempt from employee
registration. Examples of exempt employees include, but are
not limited to, employees working in the capacity of ushers,
directors, ticket takers, cashiers, drivers, and reception
personnel. Confidential or security information is that which
pertains to employee files, scheduling, client contracts, or
technical security and alarm data.
(p) An applicant who is 21 years of age or older seeking a religious exemption to the photograph requirement of this Section shall furnish with the application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029. Regardless of age, an applicant seeking a religious exemption to this photograph requirement shall submit fingerprints in a form and manner prescribed by the Department with his or her application in lieu of a photograph.
(Source: P.A. 102-538, eff. 8-20-21.)