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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
| [ Senate Amendment 002 ] |
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of 1993 is amended by 6 changing Sections 75, 80, and 185 as follows: 7 (225 ILCS 446/75) 8 (Section scheduled to be repealed on December 31, 2003) 9 Sec. 75.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 HB4879 Enrolled -2- LRB9212094ACcd 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 HB4879 Enrolled -3- LRB9212094ACcd 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 HB4879 Enrolled -4- LRB9212094ACcd 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 HB4879 Enrolled -5- LRB9212094ACcd 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 HB4879 Enrolled -6- LRB9212094ACcd 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 16July 1, 2000and September 5, 2002August 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, 1975January 1, 1984; 21 (iii) submits the photographs, fingerprints, proof 22 of insurance, and current license fee required by the 23 Department;and24 (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 HB4879 Enrolled -7- LRB9212094ACcd 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 HB4879 Enrolled -8- LRB9212094ACcd 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 HB4879 Enrolled -9- LRB9212094ACcd 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. HB4879 Enrolled -10- LRB9212094ACcd 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 HB4879 Enrolled -11- LRB9212094ACcd 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 HB4879 Enrolled -12- LRB9212094ACcd 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 HB4879 Enrolled -13- LRB9212094ACcd 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 HB4879 Enrolled -14- LRB9212094ACcd 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, HB4879 Enrolled -15- LRB9212094ACcd 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 the26applicable fees, on fingerprint cards furnished by the27Department, 2 complete sets of fingerprints that are verified28to be those of the applicant. If an applicant's fingerprint29cards are returned to the Department as unclassifiable by the30screening agency, the applicant has 90 days after31notification is sent by the Department to submit additional32fingerprint cards taken by a different technician to replace33the unclassifiable fingerprint cards.34The Department shall notify the submitting licensedHB4879 Enrolled -16- LRB9212094ACcd 1agency within 10 days if the applicant's fingerprint cards2are 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,a6full-time peace officer oran 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, the19Department shall cause the fingerprints to be compared with20fingerprints of criminals now or hereafter filed with the21Illinois Department of State Police. The Department may also22cause the fingerprints to be checked against the fingerprints23of criminals now or hereafter filed in the records of other24official 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. HB4879 Enrolled -17- LRB9212094ACcd 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 the7application materials, the Department shall institute an8investigation for a criminal record by checking the9applicant's name with immediately available criminal history10information 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 HB4879 Enrolled -18- LRB9212094ACcd 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. HB4879 Enrolled -19- LRB9212094ACcd 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,or9 the person has a valid license under this Act, or the person 10 is exempt pursuant to subsection (o).; or11 (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 HB4879 Enrolled -20- LRB9212094ACcd 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:HB4879 Enrolled -21- LRB9212094ACcd 1(i) on behalf of each person completes in its2entirety and submits to the Department an3application for a permanent employee registration4card, including the required fingerprint card and5fees;6(ii) exercises due diligence to ensure that7the person is qualified under the requirements of8the Act to be issued a permanent employee9registration card; and10(iii) maintains a separate roster of the names11of all employees whose applications are currently12pending with the Department and submits the roster13to the Department on a monthly basis. Rosters are14to be maintained by the agency for a period of at15least 24 months.16 (l) (Blank).Failure by an agency to submit the17application, fees, and fingerprints specified in this Section18before scheduling the person for work shall result in a fine,19in an amount up to $1,000, or other disciplinary action being20imposed against the agency. Failure to maintain and submit21the specified rosters is grounds for discipline under this22Act.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 HB4879 Enrolled -22- LRB9212094ACcd 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 HB4879 Enrolled -23- LRB9212094ACcd 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 HB4879 Enrolled -24- LRB9212094ACcd 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 also18employed as a law enforcement officer as defined in the19Illinois 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 HB4879 Enrolled -25- LRB9212094ACcd 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.