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92nd General Assembly

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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    (Section scheduled to be repealed on December 31, 2003)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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