Illinois General Assembly - Full Text of Public Act 096-0847
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Public Act 096-0847


 

Public Act 0847 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0847
 
HB4638 Enrolled LRB096 14897 ASK 29772 b

    AN ACT concerning professional regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004 is
amended by changing Sections 5-10, 20-10, 20-20, and 35-30 as
follows:
 
    (225 ILCS 447/5-10)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 5-10. Definitions. As used in this Act:
    "Advertisement" means any printed material that is
published in a phone book, newspaper, magazine, pamphlet,
newsletter, or other similar type of publication that is
intended to either attract business or merely provide contact
information to the public for an agency or licensee.
Advertisement shall include any material disseminated by
printed or electronic means or media, but shall not include a
licensee's or an agency's letterhead, business cards, or other
stationery used in routine business correspondence or
customary name, address, and number type listings in a
telephone directory.
    "Alarm system" means any system, including an electronic
access control system, a surveillance video system, a security
video system, a burglar alarm system, a fire alarm system, an
emergency communication system, mass notification system, or
any other electronic system, that activates an audible,
visible, remote, or recorded signal that is designed for the
protection or detection of intrusion, entry, theft, fire,
vandalism, escape, or trespass, or other electronic systems
designed for the protection of life by indicating the existence
of an emergency situation.
    "Armed employee" means a licensee or registered person who
is employed by an agency licensed or an armed proprietary
security force registered under this Act who carries a weapon
while engaged in the performance of official duties within the
course and scope of his or her employment during the hours and
times the employee is scheduled to work or is commuting between
his or her home or place of employment, provided that commuting
is accomplished within one hour from departure from home or
place of employment.
    "Armed proprietary security force" means a security force
made up of 5 or more armed individuals employed by a private,
commercial, or industrial operation or one or more armed
individuals employed by a financial institution as security
officers for the protection of persons or property.
    "Board" means the Private Detective, Private Alarm,
Private Security, Fingerprint Vendor, and Locksmith Board.
    "Branch office" means a business location removed from the
place of business for which an agency license has been issued,
including, but not limited to, locations where active employee
records that are required to be maintained under this Act are
kept, where prospective new employees are processed, or where
members of the public are invited in to transact business. A
branch office does not include an office or other facility
located on the property of an existing client that is utilized
solely for the benefit of that client and is not owned or
leased by the agency.
    "Canine handler" means a person who uses or handles a
trained dog to protect persons or property or to conduct
investigations.
    "Canine handler authorization card" means a card issued by
the Department that authorizes the holder to use or handle a
trained dog to protect persons or property or to conduct
investigations during the performance of his or her duties as
specified in this Act.
    "Canine trainer" means a person who acts as a dog trainer
for the purpose of training dogs to protect persons or property
or to conduct investigations.
    "Canine trainer authorization card" means a card issued by
the Department that authorizes the holder to train a dog to
protect persons or property or to conduct investigations during
the performance of his or her duties as specified in this Act.
    "Canine training facility" means a facility operated by a
licensed private detective agency or private security agency
wherein dogs are trained for the purposes of protecting persons
or property or to conduct investigations.
    "Corporation" means an artificial person or legal entity
created by or under the authority of the laws of a state,
including without limitation a corporation, limited liability
company, or any other legal entity.
    "Department" means the Department of Financial and
Professional Regulation.
    "Emergency communication system" means any system that
communicates information about emergencies, including but not
limited to fire, terrorist activities, shootings, other
dangerous situations, accidents, and natural disasters.
    "Employee" means a person who works for a person or agency
that has the right to control the details of the work performed
and is not dependent upon whether or not federal or state
payroll taxes are withheld.
    "Fingerprint vendor" means a person that offers,
advertises, or provides services to fingerprint individuals,
through electronic or other means, for the purpose of providing
fingerprint images and associated demographic data to the
Department of State Police for processing fingerprint based
criminal history record information inquiries.
    "Fingerprint vendor agency" means a person, firm,
corporation, or other legal entity that engages in the
fingerprint vendor business and employs, in addition to the
fingerprint vendor licensee-in-charge, at least one other
person in conducting that business.
    "Fingerprint vendor licensee-in-charge" means a person who
has been designated by a fingerprint vendor agency to be the
licensee-in-charge of an agency who is a full-time management
employee or owner who assumes sole responsibility for
maintaining all records required by this Act and who assumes
sole responsibility for assuring the licensed agency's
compliance with its responsibilities as stated in this Act. The
Department shall adopt rules mandating licensee-in-charge
participation in agency affairs.
    "Fire alarm system" means any system that is activated by
an automatic or manual device in the detection of smoke, heat,
or fire that activates an audible, visible, or remote signal
requiring a response.
    "Firearm control card" means a card issued by the
Department that authorizes the holder, who has complied with
the training and other requirements of this Act, to carry a
weapon during the performance of his or her duties as specified
in this Act.
    "Firm" means an unincorporated business entity, including
but not limited to proprietorships and partnerships.
    "Locksmith" means a person who engages in a business or
holds himself out to the public as providing a service that
includes, but is not limited to, the servicing, installing,
originating first keys, re-coding, repairing, maintaining,
manipulating, or bypassing of a mechanical or electronic
locking device, access control or video surveillance system at
premises, vehicles, safes, vaults, safe deposit boxes, or
automatic teller machines.
    "Locksmith agency" means a person, firm, corporation, or
other legal entity that engages in the locksmith business and
employs, in addition to the locksmith licensee-in-charge, at
least one other person in conducting such business.
    "Locksmith licensee-in-charge" means a person who has been
designated by agency to be the licensee-in-charge of an agency,
who is a full-time management employee or owner who assumes
sole responsibility for maintaining all records required by
this Act, and who assumes sole responsibility for assuring the
licensed agency's compliance with its responsibilities as
stated in this Act. The Department shall adopt rules mandating
licensee-in-charge participation in agency affairs.
    "Mass notification system" means any system that is used to
provide information and instructions to people in a building or
other space using voice communications, including visible
signals, text, graphics, tactile, or other communication
methods.
    "Peace officer" or "police officer" means a person who, by
virtue of office or public employment, is vested by law with a
duty to maintain public order or to make arrests for offenses,
whether that duty extends to all offenses or is limited to
specific offenses. Officers, agents, or employees of the
federal government commissioned by federal statute to make
arrests for violations of federal laws are considered peace
officers.
    "Permanent employee registration card" means a card issued
by the Department to an individual who has applied to the
Department and meets the requirements for employment by a
licensed agency under this Act.
    "Person" means a natural person.
    "Private alarm contractor" means a person who engages in a
business that individually or through others undertakes,
offers to undertake, purports to have the capacity to
undertake, or submits a bid to sell, install, design, monitor,
maintain, alter, repair, replace, or service alarm and other
security-related systems or parts thereof, including fire
alarm systems, at protected premises or premises to be
protected or responds to alarm systems at a protected premises
on an emergency basis and not as a full-time security officer.
"Private alarm contractor" does not include a person, firm, or
corporation that manufactures or sells alarm systems only from
its place of business and does not sell, install, monitor,
maintain, alter, repair, replace, service, or respond to alarm
systems at protected premises or premises to be protected.
    "Private alarm contractor agency" means a person,
corporation, or other entity that engages in the private alarm
contracting business and employs, in addition to the private
alarm contractor-in-charge, at least one other person in
conducting such business.
    "Private alarm contractor licensee-in-charge" means a
person who has been designated by an agency to be the
licensee-in-charge of an agency, who is a full-time management
employee or owner who assumes sole responsibility for
maintaining all records required by this Act, and who assumes
sole responsibility for assuring the licensed agency's
compliance with its responsibilities as stated in this Act. The
Department shall adopt rules mandating licensee-in-charge
participation in agency affairs.
    "Private detective" means any person who by any means,
including, but not limited to, manual, canine odor detection,
or electronic methods, engages in the business of, accepts
employment to furnish, or agrees to make or makes
investigations for a fee or other consideration to obtain
information relating to:
        (1) Crimes or wrongs done or threatened against the
    United States, any state or territory of the United States,
    or any local government of a state or territory.
        (2) The identity, habits, conduct, business
    occupation, honesty, integrity, credibility, knowledge,
    trustworthiness, efficiency, loyalty, activity, movements,
    whereabouts, affiliations, associations, transactions,
    acts, reputation, or character of any person, firm, or
    other entity by any means, manual or electronic.
        (3) The location, disposition, or recovery of lost or
    stolen property.
        (4) The cause, origin, or responsibility for fires,
    accidents, or injuries to individuals or real or personal
    property.
        (5) The truth or falsity of any statement or
    representation.
        (6) Securing evidence to be used before any court,
    board, or investigating body.
        (7) The protection of individuals from bodily harm or
    death (bodyguard functions).
        (8) Service of process in criminal and civil
    proceedings without court order.
    "Private detective agency" means a person, firm,
corporation, or other legal entity that engages in the private
detective business and employs, in addition to the
licensee-in-charge, one or more persons in conducting such
business.
    "Private detective licensee-in-charge" means a person who
has been designated by an agency to be the licensee-in-charge
of an agency, who is a full-time management employee or owner
who assumes sole responsibility for maintaining all records
required by this Act, and who assumes sole responsibility for
assuring the licensed agency's compliance with its
responsibilities as stated in this Act. The Department shall
adopt rules mandating licensee-in-charge participation in
agency affairs.
    "Private security contractor" means a person who engages in
the business of providing a private security officer, watchman,
patrol, guard dog, canine odor detection, or a similar service
by any other title or name on a contractual basis for another
person, firm, corporation, or other entity for a fee or other
consideration and performing one or more of the following
functions:
        (1) The prevention or detection of intrusion, entry,
    theft, vandalism, abuse, fire, or trespass on private or
    governmental property.
        (2) The prevention, observation, or detection of any
    unauthorized activity on private or governmental property.
        (3) The protection of persons authorized to be on the
    premises of the person, firm, or other entity for which the
    security contractor contractually provides security
    services.
        (4) The prevention of the misappropriation or
    concealment of goods, money, bonds, stocks, notes,
    documents, or papers.
        (5) The control, regulation, or direction of the
    movement of the public for the time specifically required
    for the protection of property owned or controlled by the
    client.
        (6) The protection of individuals from bodily harm or
    death (bodyguard functions).
    "Private security contractor agency" means a person, firm,
corporation, or other legal entity that engages in the private
security contractor business and that employs, in addition to
the licensee-in-charge, one or more persons in conducting such
business.
    "Private security contractor licensee-in-charge" means a
person who has been designated by an agency to be the
licensee-in-charge of an agency, who is a full-time management
employee or owner who assumes sole responsibility for
maintaining all records required by this Act, and who assumes
sole responsibility for assuring the licensed agency's
compliance with its responsibilities as stated in this Act. The
Department shall adopt rules mandating licensee-in-charge
participation in agency affairs.
    "Public member" means a person who is not a licensee or
related to a licensee, or who is not an employer or employee of
a licensee. The term "related to" shall be determined by the
rules of the Department.
    "Secretary" means the Secretary of Financial and
Professional Regulation.
(Source: P.A. 95-613, eff. 9-11-07.)
 
    (225 ILCS 447/20-10)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 20-10. Qualifications for licensure as a private alarm
contractor.
    (a) A person is qualified for licensure as a private alarm
contractor if he or she meets all of the following
requirements:
        (1) Is at least 21 years of age.
        (2) Has not been convicted of any felony in any
    jurisdiction or at least 10 years have elapsed since the
    time of full discharge from a sentence imposed for a felony
    conviction.
        (3) Is of good moral character. Good moral character is
    a continuing requirement of licensure. Conviction of
    crimes other than felonies may be used in determining moral
    character, but shall not constitute an absolute bar to
    licensure.
        (4) Has not been declared by any court of competent
    jurisdiction to be incompetent by reason of mental or
    physical defect or disease, unless a court has subsequently
    declared him or her to be competent.
        (5) Is not suffering from dependence on alcohol or from
    narcotic addiction or dependence.
        (6) Has (i) a minimum of 3 years experience during of
    the 5 years immediately preceding the application (i)
    working as a full-time manager for a licensed private alarm
    contractor agency or (ii) working for a government or
    private an entity that inspects, reviews, designs, sells,
    installs, operates, services, or monitors alarm systems
    that, in the judgment of the Board, satisfies the standards
    of alarm industry competence or (ii) has a minimum of 10
    years experience working for a licensed private alarm
    contractor agency or for an entity that designs, sells,
    installs, services, or monitors alarm systems that, in the
    judgment of the Board, satisfies the standards of alarm
    industry competence, has successfully completed a National
    Institute for Certification of Engineering Technologies
    (NICET) level 2 certification examination, and applies on
    or before July 1, 2007. An applicant who has received a
    4-year degree or higher in electrical engineering or a
    related field from a program approved by the Board shall be
    given credit for 2 years of the required experience. An
    applicant who has successfully completed a national
    certification program approved by the Board shall be given
    credit for one year of the required experience.
        (7) Has not been dishonorably discharged from the armed
    forces of the United States.
        (8) Has passed an examination authorized by the
    Department.
        (9) Submits his or her fingerprints, proof of having
    general liability insurance required under subsection (c),
    and the required license fee.
        (10) Has not violated Section 10-5 of this Act.
    (b) (Blank).
    (c) It is the responsibility of the applicant to obtain
general liability insurance in an amount and coverage
appropriate for the applicant's circumstances as determined by
rule. The applicant shall provide evidence of insurance to the
Department before being issued a license. Failure to maintain
general liability insurance and to provide the Department with
written proof of the insurance shall result in cancellation of
the license.
(Source: P.A. 95-613, eff. 9-11-07.)
 
    (225 ILCS 447/20-20)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 20-20. Training; private alarm contractor and
employees.
    (a) Registered employees of the private alarm contractor
agency who carry a firearm and respond to alarm systems shall
complete, within 30 days of their employment, a minimum of 20
hours of classroom training provided by a qualified instructor
and shall include all of the following subjects:
        (1) The law regarding arrest and search and seizure as
    it applies to the private alarm industry.
        (2) Civil and criminal liability for acts related to
    the private alarm industry.
        (3) The use of force, including but not limited to the
    use of nonlethal force (i.e., disabling spray, baton,
    stungun, or similar weapon).
        (4) Arrest and control techniques.
        (5) The offenses under the Criminal Code of 1961 that
    are directly related to the protection of persons and
    property.
        (6) The law on private alarm forces and on reporting to
    law enforcement agencies.
        (7) Fire prevention, fire equipment, and fire safety.
        (8) Civil rights and public relations.
        (9) The identification of terrorists, acts of
    terrorism, and terrorist organizations, as defined by
    federal and State statutes.
    Pursuant to directives set forth by the U.S. Department of
Homeland Security and the provisions set forth by the National
Fire Protection Association in the National Fire Alarm Code and
the Life Safety Code, training may include the installation,
repair, and maintenance of emergency communication systems and
mass notification systems.
    (b) All other employees of a private alarm contractor
agency shall complete a minimum of 20 hours of training
provided by a 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) It is the responsibility of the employer to certify, on
forms provided by the Department, that the employee has
successfully completed the training. The form 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 term the employee is retained by the employer. A private
alarm contractor agency may place a notarized copy of the
Department form in lieu of the original into the permanent
employee registration card file. The form shall be returned to
the employee when his or her employment is terminated. Failure
to return the form to the employee is grounds for discipline.
The employee shall not be required to complete the training
required under this Act once the employee has been issued a
form.
    (d) Nothing in this Act prevents any employer from
providing or requiring additional training beyond the required
20 hours that the employer feels is necessary and appropriate
for competent job performance.
    (e) 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.
(Source: P.A. 95-613, eff. 9-11-07.)
 
    (225 ILCS 447/35-30)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 35-30. Employee requirements. 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, other than a traffic offense. 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 address.
        (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
Department of 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
Department of State Police. These fingerprints shall be checked
against the Department of State Police and Federal Bureau of
Investigation criminal history record databases now and
hereafter filed. The Department of 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 Department of 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 peace officer.
    (d) The Department shall issue a permanent employee
registration card, in a form the Department prescribes, to all
qualified applicants. 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 Section.
    (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
    (b) of this Section.
        (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) The Department may, by rule, prescribe further
    record requirements.
    (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
    Department of State Police. The agency shall maintain the
    verification of the results of the Department of 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 Department of 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 implement
this subsection (k).
    (l) No person may be employed under this Section in any
capacity if:
        (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.
(Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07.)

Effective Date: 6/1/2010