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Public Act 92-0833
HB4879 Enrolled LRB9212094ACcd
AN ACT concerning the regulation of professions.
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, and Locksmith Act of 1993 is amended by
changing Sections 75, 80, and 185 as follows:
(225 ILCS 446/75)
(Section scheduled to be repealed on December 31, 2003)
Sec. 75. Qualifications for licensure and agency
certification.
(a) Private Detective. A person is qualified to receive
a license as a private detective if he or she meets all of
the following requirements:
(1) Is at least 21 years of age.
(2) Has not been convicted in any jurisdiction of
any felony or at least 10 years have expired from the
time of discharge from any sentence imposed for a felony.
(3) Is of good moral character. Good character is
a continuing requirement of licensure. Conviction of
crimes not listed in paragraph (2) of subsection (a) of
this Section may be used in determining moral character,
but does not operate as 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 since
declared him or her to be competent.
(5) Is not suffering from habitual drunkenness or
from narcotic addiction or dependence.
(6) Has a minimum of 3 years experience out of the
5 years immediately preceding his or her application
working full-time for a licensed private detective agency
as a registered private detective employee or with 3
years experience out of the 5 years immediately preceding
his or her application employed as a full-time
investigator for a licensed attorney or in a law
enforcement agency of a federal or State political
subdivision, which shall include a State's Attorney's
office or a Public Defender's office, such full-time
investigator experience to be approved by the Board and
the Department. An applicant who has obtained a
baccalaureate degree in police science or a related field
or a business degree from an accredited college or
university shall be given credit for 2 of the 3 years
experience required under this Section. An applicant who
has obtained an associate degree in police science or a
related field or in business from an accredited college
or university shall be given credit for one of the 3
years experience required under this Section.
(7) Has not been dishonorably discharged from the
armed services of the United States.
(8) Has successfully passed an examination
authorized by the Department. The examination shall
include subjects reasonably related to the activities
licensed so as to provide for the protection of the
health and safety of the public.
(9) Has not violated Section 15, 20, or 25 of this
Act, but this requirement does not operate as an absolute
bar to licensure.
It is the responsibility of the applicant to obtain
liability insurance in an amount and coverage type
appropriate as determined by rule for the applicant's
individual business circumstances. The applicant shall
provide evidence of insurance to the Department before being
issued a license. This insurance requirement is a continuing
requirement for licensure. Failure to maintain insurance
shall result in cancellation of the license by the
Department.
(b) Private security contractor. A person is qualified
to receive a license as a private security contractor if he
or she meets all of the following requirements:
(1) Is at least 21 years of age.
(2) Has not been convicted in any jurisdiction of
any felony or at least 10 years have expired from the
time of discharge from any sentence imposed for a felony.
(3) Is of good moral character. Good moral
character is a continuing requirement of licensure.
Convictions of crimes not listed in paragraph (2) of
subsection (b) of this Section may be used in determining
moral character, but do not operate as 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 since
declared him or her to be competent.
(5) Is not suffering from habitual drunkenness or
from narcotic addiction or dependence.
(6) Has a minimum of 3 years experience out of the
5 years immediately preceding his or her application as a
full-time manager or administrator for a licensed private
security contractor agency or a manager or administrator
of a proprietary security force of 30 or more persons
registered with the Department, or with 3 years
experience out of the 5 years immediately preceding his
or her application as a full-time supervisor in a law
enforcement agency of a federal or State political
subdivision, which shall include a State's Attorney's
office or Public Defender's office, such full-time
supervisory experience to be approved by the Board and
the Department. An applicant who has obtained a
baccalaureate degree in police science or a related field
or a business degree from an accredited college or
university shall be given credit for 2 of the 3 years
experience required under this Section. An applicant who
has obtained an associate degree in police science or a
related field or in business from an accredited college
or university shall be given credit for one of the 3
years experience required under this Section.
(7) Has not been dishonorably discharged from the
armed services of the United States.
(8) Has successfully passed an examination
authorized by the Department. The examination shall
include subjects reasonably related to the activities
licensed so as to provide for the protection of the
health and safety of the public.
(9) Has not violated Section 15, 20, or 25 of this
Act, but this requirement does not operate as an absolute
bar to licensure.
It is the responsibility of the applicant to obtain
liability insurance in amount and coverage type appropriate
as determined by rule for the applicant's individual business
circumstances. The applicant shall provide evidence of
insurance to the Department before being issued a license.
This insurance requirement is a continuing requirement for
licensure. Failure to maintain insurance shall result in
cancellation of the license by the Department.
(c) Private alarm contractor. A person is qualified to
receive a license 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 in any jurisdiction of
any felony or at least 10 years have expired from the
time of discharge from any sentence imposed for a felony.
(3) Is of good moral character. Good moral
character is a continuing requirement of licensure.
Convictions of crimes not listed in paragraph (2) of
subsection (c) of this Section may be used in determining
moral character, but do not operate as 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 since
declared him or her to be competent.
(5) Is not suffering from habitual drunkenness or
from narcotic addiction or dependence.
(6) Has not been dishonorably discharged from the
armed services of the United States.
(7) Has a minimum of 3 years experience out of the
5 years immediately preceding application as a full time
manager or administrator for an agency licensed as a
private alarm contractor agency, or for an entity that
designs, sells, installs, services, or monitors alarm
systems which in the judgment of the Board satisfies
standards of alarm industry competence. An individual
who has received a 4 year degree in electrical
engineering or a related field from a program approved by
the Board shall be given credit for 2 years of experience
under this item (7). An individual who has successfully
completed a national certification program approved by
the Board shall be given credit for one year of
experience under this item (7).
(8) Has successfully passed an examination
authorized by the Department. The examination shall
include subjects reasonably related to the activities
licensed so as to provide for the protection of the
health and safety of the public.
(9) Has not violated Section 15, 20, or 25 of this
Act, but this requirement does not operate as an absolute
bar to licensure.
It is the responsibility of the applicant to obtain
liability insurance in an amount and coverage type
appropriate as determined by rule for the applicant's
individual business circumstances. The applicant shall
provide evidence of insurance to the Department before being
issued a license. This insurance requirement is a continuing
requirement for licensure. Failure to maintain insurance
shall result in cancellation of the license by the
Department.
Alternatively, a person is qualified to receive a license
as a private alarm contractor without meeting the
requirements of items (7), (8), and (9) of this subsection,
if he or she:
(i) applies for a license between September 2, 2002
July 1, 2000 and September 5, 2002 August 31, 2000, in
writing, on forms supplied by the Department;
(ii) provides proof to the Department that he or
she was engaged in the alarm contracting business on or
before July 1, 1975 January 1, 1984;
(iii) submits the photographs, fingerprints, proof
of insurance, and current license fee required by the
Department; and
(iv) has not violated Section 25 of this Act; and.
(v) has held a Permanent Employee Registration Card
for a minimum of 12 months.
(d) Locksmith. A person is qualified to receive a
license as a locksmith if he or she meets all of the
following requirements:
(1) Is at least 18 years of age.
(2) Has not violated any provisions of Section 120
of this Act.
(3) Has not been convicted in any jurisdiction of
any felony or at least 10 years have expired from the
time of discharge from any sentence imposed for a felony.
(4) Is of good moral character. Good moral
character is a continuing requirement of licensure.
Convictions of crimes not listed in paragraph (3) of
subsection (d) of this Section may be used in determining
moral character, but do not operate as an absolute bar to
licensure.
(5) 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 since
declared him or her to be competent.
(6) Is not suffering from habitual drunkenness or
from narcotic addiction or dependence.
(7) Has not been dishonorably discharged from the
armed services of the United States.
(8) Has passed an examination authorized by the
Department in the theory and practice of the profession.
(9) Has submitted to the Department proof of
insurance sufficient for the individual's business
circumstances. The Department, with input from the
Board, shall promulgate rules specifying minimum
insurance requirements. This insurance requirement is a
continuing requirement for licensure. Failure to
maintain insurance shall result in the cancellation of
the license by the Department. A locksmith employed by a
licensed locksmith agency or employed by a private
concern may provide proof that his or her actions as a
locksmith are covered by the insurance of his or her
employer.
(e) Private detective agency. Upon payment of the
required fee and proof that the applicant has a full-time
Illinois licensed private detective in charge, which is a
continuing requirement for agency certification, the
Department shall issue, without examination, a certificate as
a private detective agency to any of the following:
(1) An individual who submits an application in
writing and who is a licensed private detective under
this Act.
(2) A firm or association that submits an
application in writing and all of the members of the firm
or association are licensed private detectives under this
Act.
(3) A duly incorporated or registered corporation
allowed to do business in Illinois that is authorized by
its articles of incorporation to engage in the business
of conducting a detective agency, provided at least one
officer or executive employee is licensed as a private
detective under this Act and all unlicensed officers and
directors of the corporation are determined by the
Department to be persons of good moral character.
No private detective may be the private detective in
charge for more than one agency. Upon written request by a
representative of an agency within 10 days after the loss of
a licensee in charge of an agency because of the death of
that individual or because of an unanticipated termination of
the employment of that individual, the Department shall issue
a temporary permit allowing the continuing operation of a
previously licensed agency. No temporary permit shall be
valid for more than 90 days. An extension of an additional
90 days may be granted by the Department for good cause shown
upon written request by the representative of the agency. No
more than 2 extensions may be granted to any agency. No
temporary permit shall be issued for the loss of the
detective in charge because of disciplinary action by the
Department.
(f) Private alarm contractor agency. Upon receipt of
the required fee and proof that the applicant has a full-time
Illinois licensed private alarm contractor in charge, which
is a continuing requirement for agency certification, the
Department shall issue, without examination, a certificate as
a private alarm contractor agency to any of the following:
(1) An individual who submits an application in
writing and who is a licensed private alarm contractor
under this Act.
(2) A firm or association that submits an
application in writing that all of the members of the
firm or association are licensed private alarm
contractors under this Act.
(3) A duly incorporated or registered corporation
allowed to do business in Illinois that is authorized by
its articles of incorporation to engage in the business
of conducting a private alarm contractor agency, provided
at least one officer or executive employee is licensed as
a private alarm contractor under this Act and all
unlicensed officers and directors of the corporation are
determined by the Department to be persons of good moral
character.
No private alarm contractor may be the private alarm
contractor in charge for more than one agency. Upon written
request by a representative of an agency within 10 days after
the loss of a licensed private alarm contractor in charge of
an agency because of the death of that individual or because
of the unanticipated termination of the employment of that
individual, the Department shall issue a temporary permit
allowing the continuing operation of a previously licensed
agency. No temporary permit shall be valid for more than 90
days. An extension of an additional 90 days may be granted
by the Department for good cause shown and upon written
request by the representative of the agency. No more than 2
extensions may be granted to any agency. No temporary permit
shall be issued for the loss of the licensee in charge
because of disciplinary action by the Department.
(g) Private security contractor agency. Upon receipt of
the required fee and proof that the applicant has a full-time
Illinois licensed private security contractor in charge,
which is continuing requirement for agency certification, the
Department shall issue, without examination, a certificate as
a private security contractor agency to any of the following:
(1) An individual who submits an application in
writing and who is a licensed private security contractor
under this Act.
(2) A firm or association that submits an
application in writing that all of the members are
licensed private security contractors under this Act.
(3) A duly incorporated or registered corporation
allowed to do business in Illinois that is authorized by
its articles of incorporation to engage in the business
of conducting a private security contractor agency,
provided at least one officer or executive employee is
licensed as a private security contractor under this Act
and all unlicensed officers and directors of the
corporation are determined by the Department to be
persons of good moral character.
No private security contractor may be the private
security contractor in charge for more than one agency. Upon
written request by a representative of the agency within 10
days after the loss of a licensee in charge of an agency
because of the death of that individual or because of the
unanticipated termination of the employment of that
individual, the Department shall issue a temporary permit
allowing the continuing operation of a previously licensed
agency. No temporary permit shall be valid for more than 90
days. An extension of an additional 90 days may be granted
upon written request by the representative of the agency. No
more than 2 extensions may be granted to any agency. No
temporary permit shall be issued for the loss of the licensee
in charge because of disciplinary action by the Department.
(h) Licensed locksmith agency. Upon receipt of the
required fee and proof that the applicant is an Illinois
licensed locksmith who shall assume full responsibility for
the operation of the agency and the directed actions of the
agency's employees, which is a continuing requirement for
agency licensure, the Department shall issue, without
examination, a certificate as a Locksmith Agency to any of
the following:
(1) An individual who submits an application in
writing and who is a licensed locksmith under this Act.
(2) A firm or association that submits an
application in writing and certifies that all of the
members of the firm or association are licensed
locksmiths under this Act.
(3) A duly incorporated or registered corporation
or limited liability company allowed to do business in
Illinois that is authorized by its articles of
incorporation or organization to engage in the business
of conducting a locksmith agency, provided that at least
one officer or executive employee of a corporation or one
member of a limited liability company is licensed as a
locksmith under this Act, and provided that person agrees
in writing on a form acceptable to the Department to
assume full responsibility for the operation of the
agency and the directed actions of the agency's
employees, and further provided that all unlicensed
officers and directors of the corporation or members of
the limited liability company are determined by the
Department to be persons of good moral character.
An individual licensed locksmith operating under a
business name other than the licensed locksmith's own name
shall not be required to obtain a locksmith agency license if
that licensed locksmith does not employ any persons to engage
in the practice of locksmithing.
An applicant for licensure as a locksmith agency shall
submit to the Department proof of insurance sufficient for
the agency's business circumstances. The Department shall
promulgate rules specifying minimum insurance requirements.
This insurance requirement is a continuing requirement for
licensure.
No licensed locksmith may be the licensed locksmith
responsible for the operation of more than one agency except
for any individual who submits proof to the Department that,
on the effective date of this amendatory Act of 1995, he or
she is actively responsible for the operations of more than
one agency. A licensed private alarm contractor who is
responsible for the operation of a licensed private alarm
contractor agency and who is a licensed locksmith may also be
the licensed locksmith responsible for the operation of a
locksmith agency.
Upon written request by a representative of an agency
within 10 days after the loss of a responsible licensed
locksmith of an agency, because of the death of that
individual or because of the unanticipated termination of the
employment of that individual, the Department shall issue a
temporary permit allowing the continuing operation of a
previously licensed locksmith agency. No temporary permit
shall be valid for more than 90 days. An extension for an
additional 90 days may be granted by the Department for good
cause shown and upon written request by a representative of
the agency. No more than 2 extensions may be granted to any
agency. No temporary permit shall be issued to any agency
due to the loss of the responsible locksmith because of
disciplinary action by the Department.
(i) Proprietary Security Force. All commercial or
industrial operations that employ 5 or more persons as armed
security guards and all financial institutions that employ
armed security guards shall register their security forces
with the Department on forms provided by the Department.
All armed security guard employees of the registered
proprietary security force shall be required to complete a
20-hour basic training course and 20-hour firearm training
course in accordance with administrative rules.
Each proprietary security force shall be required to
apply to the Department, on forms supplied by the Department,
for the issuance of a firearm authorization card, in
accordance with administrative rules, for each armed employee
of the security force.
The Department shall prescribe rules for the
administration of this Section.
(j) Any licensed agency that operates a branch office as
defined in this Act shall apply for a branch office license.
(Source: P.A. 90-436, eff. 1-1-98; 90-580, eff. 5-21-98;
90-602, eff. 6-26-98; 91-357, eff. 7-29-99; 91-815, eff.
6-13-00.)
(225 ILCS 446/80)
(Section scheduled to be repealed on December 31, 2003)
Sec. 80. 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 certificate issued under this Act, known in this Act
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 under 18 years of age.
(2) Is under 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 minor traffic offense. The
Department shall promulgate rules for procedures by which
those circumstances shall be determined and that afford
the applicant due process of law.
(4) Has had a license or permanent employee
registration card refused, denied, suspended, or revoked
under this Act.
(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, or private alarm
contractor 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 refused, revoked, or suspended
under this Act.
(4) Any conviction of a felony or misdemeanor.
(5) Any declaration of incompetency 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. submit to the Department with the
applicable fees, on fingerprint cards furnished by the
Department, 2 complete sets of fingerprints that are verified
to be those of the applicant. If an applicant's fingerprint
cards are returned to the Department as unclassifiable by the
screening agency, the applicant has 90 days after
notification is sent by the Department to submit additional
fingerprint cards taken by a different technician to replace
the unclassifiable fingerprint cards.
The Department shall notify the submitting licensed
agency within 10 days if the applicant's fingerprint cards
are returned to the Department as unclassifiable. However,
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, a
full-time peace officer or 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 one's employer, of his or her full-time employment as a
peace officer. "Peace officer" means any person who by
virtue of his or her 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 criminal laws are
considered peace officers.
(d) Upon receipt of the verified fingerprint cards, the
Department shall cause the fingerprints to be compared with
fingerprints of criminals now or hereafter filed with the
Illinois Department of State Police. The Department may also
cause the fingerprints to be checked against the fingerprints
of criminals now or hereafter filed in the records of other
official fingerprint files within or without this State. The
Department shall issue a permanent employee registration
card, in a form the Department prescribes, to all qualified
applicants. The Department shall notify the submitting
licensed agency within 10 days upon the issuance of or intent
to deny the permanent employee registration card. 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 (g) of this Section.
(e) (Blank). Within 5 days of the receipt of the
application materials, the Department shall institute an
investigation for a criminal record by checking the
applicant's name with immediately available criminal history
information systems.
(f) 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 (g) 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 Owners Identification
Card and a copy of an active Firearm Authorization 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.
The Department may, by rule, prescribe further record
requirements.
(g) 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 certification 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.
(h) 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, or to fail to exercise due diligence in
resubmitting replacement fingerprints for those employees who
have had original fingerprint submissions returned as
unclassifiable.
(i) Every employer shall obtain the identification card
of every employee who terminates employment with him or her.
(j) 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.
(k) No agency may employ any person to perform a
licensed activity under this Act unless: (1) the person
possesses a valid permanent employee registration card, or
the person has a valid license under this Act, or the person
is exempt pursuant to subsection (o). ; or
(k-5) Notwithstanding the provisions of subsection (k),
an agency may employ a person in a temporary capacity if 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 (f)
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; and
(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 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,
who has been convicted in another state of any crime that is
a crime under the laws of this State, who has been convicted
of any crime in a federal court, or who 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 an 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-5).
(2) The agency:
(i) on behalf of each person completes in its
entirety and submits to the Department an
application for a permanent employee registration
card, including the required fingerprint card and
fees;
(ii) exercises due diligence to ensure that
the person is qualified under the requirements of
the Act to be issued a permanent employee
registration card; and
(iii) 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.
(l) (Blank). Failure by an agency to submit the
application, fees, and fingerprints specified in this Section
before scheduling the person for work shall result in a fine,
in an amount up to $1,000, or other disciplinary action being
imposed against the agency. Failure to maintain and submit
the specified rosters is grounds for discipline under this
Act.
(m) No person may be employed under this Section in any
capacity if:
(i) 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.
(ii) The person wears any portion of his or her
official uniform, emblem of authority, or equipment while
so employed except as provided in Section 30.
(n) 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.
(o) Peace officers, as defined in subsection (c), 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 an independent contractor and
as further defined by rule.
(Source: P.A. 91-357, eff. 7-29-99; 91-815, eff. 6-13-00.)
(225 ILCS 446/185)
(Section scheduled to be repealed on December 31, 2003)
Sec. 185. Firearm authorization; training courses.
(a) No person shall perform duties that include the use,
carrying, or possession of a firearm in the performance of
those duties without fully complying with this Section and
having been issued a valid firearm authorization card by the
Department. This Act permits only the following to carry
firearms while actually engaged in the performance of their
duties or while commuting directly to or from their places of
employment: persons licensed as private alarm contractors;
persons licensed as private detectives; persons licensed as
private security contractors and their registered employees;
and registered armed proprietary security forces and their
registered employees.
(b) No employer shall employ any person to perform the
duties for which employee registration is required under
Section 80 and allow that person to carry a firearm in the
performance of those duties unless that person has fully
complied with the firearm training requirements specified in
this Section and has been issued a valid firearm
authorization card by the Department.
Actual possession of a valid firearm authorization card
allows an employee to carry a firearm not otherwise
prohibited by law, while the employee is actually engaged in
the performance of his or her duties or while the employee is
commuting directly to or from the employee's place or places
of employment, provided that this commuting is accomplished
within one hour from departure from home or a place of
employment.
(c) The Department shall evaluate and either approve or
disapprove training programs for the basic firearm training
course. The determination by the Department shall be
reasonably made.
The firearm training course shall be taught by an
instructor qualified to give the instruction. Reasonable
qualifications shall be determined by the Department.
The firearm training course may be conducted by agencies
or institutions approved by the Department or may be
conducted by a licensee or any agency certified by this Act
so long as the course is approved by the Department. The
firearm course shall consist of the following:
(1) A minimum of 40 hours of training, 20 of which
shall be as described in Section 180, and 20 of which
shall be as follows:
(i) instruction in the dangers of and misuse
of the firearm, safety rules, and care and cleaning
of the firearm;
(ii) practice firing on a range with live
ammunition;
(iii) instruction in the legal use of firearms
under the provisions of the Criminal Code of 1961,
and relevant court decisions;
(iv) a forceful presentation of the ethical
and moral consideration assumed by any person who
uses a firearm;
(v) a review of the current law regarding
arrest, search, and seizure; and
(vi) liability for acts.
(2) An examination shall be given at the completion
of the course. The examination shall be in 2 parts which
shall consist of a firearms qualification course and a
written examination, which shall be approved by the
Department. Successful completion shall be determined by
the Department.
(d) The firearm training requirement shall be waived for
an employee who has completed training provided by the
Illinois Law Enforcement Training Standards Board, or the
equivalent public body in another state, provided supporting
documentation showing requalification with the weapon on the
firing range is submitted to the Department. Notwithstanding
any other provision of this Act to the contrary, all
requirements relating to firearms authorization cards do not
apply to a peace officer as defined in subsection (c) of
Section 80 of this Act. ; or for an employee who is also
employed as a law enforcement officer as defined in the
Illinois Police Training Act.
(e) The Department shall issue a firearm authorization
card to a person who has passed an approved basic firearm
training course, who is currently employed by an agency
certified under this Act, who is authorized under subsection
(a) of this Section, who has met all the requirements of the
Act, and who possesses a valid Firearm Owner Identification
Card. Application for the card shall be made by the employer
to the Department on forms provided by the Department. The
Department shall forward this card to the employer who shall
be responsible for its issuance. The firearm authorization
card shall be issued by the Department in the form of a
pocket card designed by the Department and shall identify the
person holding the card and the name of the course where the
employee received firearm instruction; the card shall specify
the type of weapon or weapons that the person is authorized
by the Department to carry and for which the person has been
trained.
(f) Expiration and requirements for renewal of firearm
authorization cards shall be established by rule of the
Department.
(g) The Department may, in addition to any other
discipline allowed under this Act, refuse to issue, suspend,
or revoke a firearm authorization card if the applicant or
holder has been convicted of any felony or any crime
involving the illegal use, carrying, or possession of a
deadly weapon, or for violation of this Act or rules
promulgated under this Act. The procedures in this Act for
disciplining a licensee shall be followed in taking action
under this paragraph.
The Department shall refuse to issue or shall revoke a
Firearm Authorization Card if the applicant or holder fails
to hold a valid Firearm Owners Identification Card.
The Director shall summarily suspend a firearm
authorization card if the Director finds that continued use
of the card would constitute an immediate danger to the
public health, safety, or welfare. A prompt hearing on the
charges shall be held before the Board if the Director
summarily suspends a Firearm Authorization Card.
(Source: P.A. 88-363; 88-586, eff. 8-12-94; 89-694, eff.
12-31-96.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 30, 2002.
Approved August 22, 2002.
Effective August 22, 2002.
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