(Article scheduled to be repealed on January 1, 2014)
(225 ILCS 447/35‑5) (Section scheduled to be repealed on January 1, 2014) Sec. 35‑5. Display of license. Each licensee shall prominently display his or her individual, agency, or branch office license at each place where business is being conducted, as required under this Act. A licensee‑in‑charge is required to post his or her license only at the agency office. (Source: P.A. 93‑438, eff. 8‑5‑03.)
(225 ILCS 447/35‑10) (Section scheduled to be repealed on January 1, 2014) Sec. 35‑10. Inspection of facilities. Each licensee shall permit his or her office facilities, canine training facilities, and registered employee files to be audited or inspected at reasonable times and in a reasonable manner upon at least 24 hours notice by the Department. (Source: P.A. 95‑613, eff. 9‑11‑07.)
(225 ILCS 447/35‑15) (Section scheduled to be repealed on January 1, 2014) Sec. 35‑15. Advertisements; penalties. (a) No licensee providing services regulated by this Act may knowingly advertise those services without including his or her license number in the advertisement. The publisher of the advertising, however, is not required to verify the accuracy of the advertisement or the license number. (b) A licensee who advertises services regulated by this Act who knowingly (i) fails to display his or her license at his or her place of business, (ii) fails to provide the publisher with the current license number, or (iii) provides the publisher with a false license number or a license number other than that of the person or agency doing the advertising or a licensee who knowingly allows his or her license number to be displayed or used by another person or agency to circumvent any provision of this subsection, is guilty of a Class A misdemeanor. Each day an advertisement is published or a licensee allows his or her license to be used in violation of this Section constitutes a separate offense. In addition to the penalties and remedies provided in this Section, a licensee who violates any provision of this Section shall be subject to the disciplinary action, fines, and civil penalty provisions of this Act. (Source: P.A. 93‑438, eff. 8‑5‑03.)
(225 ILCS 447/35‑20) (Section scheduled to be repealed on January 1, 2014) Sec. 35‑20. Renewal provisions. (a) As a condition of renewal of a license, each licensee shall report to the Department information pertaining to the licensee's business location, status as active or inactive, proof of continued general liability insurance coverage, and any other data as determined by rule to be reasonably related to the administration of this Act. Licensees shall report this information as a condition of renewal, except that a change in home or office address or a change of the licensee‑in‑charge shall be reported within 10 days of when it occurs. (b) Upon renewal, every licensee shall report to the Department every instance during the licensure period in which the quality of his or her professional services in the State of Illinois was the subject of legal action that resulted in a settlement or a verdict in excess of $10,000. (Source: P.A. 93‑438, eff. 8‑5‑03.)
(225 ILCS 447/35‑25) (Section scheduled to be repealed on January 1, 2014) Sec. 35‑25. Duplicate licenses. If a license, permanent employee registration card, or firearm control card is lost, a duplicate shall be issued upon proof of such loss together with the payment of the required fee. If a licensee decides to change his or her name, the Department shall issue a license in the new name upon proof that the change was done pursuant to law and payment of the required fee. Notification of a name change shall be made to the Department within 30 days after the change. (Source: P.A. 95‑613, eff. 9‑11‑07.)
(225 ILCS 447/35‑30) (Text of Section before amendment by P.A. 96‑847) (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 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.)
(Text of Section after amendment by P.A. 96‑847) (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
(Article scheduled to be repealed on January 1, 2014)
(225 ILCS 447/35‑5) (Section scheduled to be repealed on January 1, 2014) Sec. 35‑5. Display of license. Each licensee shall prominently display his or her individual, agency, or branch office license at each place where business is being conducted, as required under this Act. A licensee‑in‑charge is required to post his or her license only at the agency office. (Source: P.A. 93‑438, eff. 8‑5‑03.)
(225 ILCS 447/35‑10) (Section scheduled to be repealed on January 1, 2014) Sec. 35‑10. Inspection of facilities. Each licensee shall permit his or her office facilities, canine training facilities, and registered employee files to be audited or inspected at reasonable times and in a reasonable manner upon at least 24 hours notice by the Department. (Source: P.A. 95‑613, eff. 9‑11‑07.)
(225 ILCS 447/35‑15) (Section scheduled to be repealed on January 1, 2014) Sec. 35‑15. Advertisements; penalties. (a) No licensee providing services regulated by this Act may knowingly advertise those services without including his or her license number in the advertisement. The publisher of the advertising, however, is not required to verify the accuracy of the advertisement or the license number. (b) A licensee who advertises services regulated by this Act who knowingly (i) fails to display his or her license at his or her place of business, (ii) fails to provide the publisher with the current license number, or (iii) provides the publisher with a false license number or a license number other than that of the person or agency doing the advertising or a licensee who knowingly allows his or her license number to be displayed or used by another person or agency to circumvent any provision of this subsection, is guilty of a Class A misdemeanor. Each day an advertisement is published or a licensee allows his or her license to be used in violation of this Section constitutes a separate offense. In addition to the penalties and remedies provided in this Section, a licensee who violates any provision of this Section shall be subject to the disciplinary action, fines, and civil penalty provisions of this Act. (Source: P.A. 93‑438, eff. 8‑5‑03.)
(225 ILCS 447/35‑20) (Section scheduled to be repealed on January 1, 2014) Sec. 35‑20. Renewal provisions. (a) As a condition of renewal of a license, each licensee shall report to the Department information pertaining to the licensee's business location, status as active or inactive, proof of continued general liability insurance coverage, and any other data as determined by rule to be reasonably related to the administration of this Act. Licensees shall report this information as a condition of renewal, except that a change in home or office address or a change of the licensee‑in‑charge shall be reported within 10 days of when it occurs. (b) Upon renewal, every licensee shall report to the Department every instance during the licensure period in which the quality of his or her professional services in the State of Illinois was the subject of legal action that resulted in a settlement or a verdict in excess of $10,000. (Source: P.A. 93‑438, eff. 8‑5‑03.)
(225 ILCS 447/35‑25) (Section scheduled to be repealed on January 1, 2014) Sec. 35‑25. Duplicate licenses. If a license, permanent employee registration card, or firearm control card is lost, a duplicate shall be issued upon proof of such loss together with the payment of the required fee. If a licensee decides to change his or her name, the Department shall issue a license in the new name upon proof that the change was done pursuant to law and payment of the required fee. Notification of a name change shall be made to the Department within 30 days after the change. (Source: P.A. 95‑613, eff. 9‑11‑07.)
(225 ILCS 447/35‑30) (Text of Section before amendment by P.A. 96‑847) (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 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.)
(Text of Section after amendment by P.A. 96‑847) (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.
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(Article scheduled to be repealed on January 1, 2014)
(225 ILCS 447/35‑5) (Section scheduled to be repealed on January 1, 2014) Sec. 35‑5. Display of license. Each licensee shall prominently display his or her individual, agency, or branch office license at each place where business is being conducted, as required under this Act. A licensee‑in‑charge is required to post his or her license only at the agency office. (Source: P.A. 93‑438, eff. 8‑5‑03.)
(225 ILCS 447/35‑10) (Section scheduled to be repealed on January 1, 2014) Sec. 35‑10. Inspection of facilities. Each licensee shall permit his or her office facilities, canine training facilities, and registered employee files to be audited or inspected at reasonable times and in a reasonable manner upon at least 24 hours notice by the Department. (Source: P.A. 95‑613, eff. 9‑11‑07.)
(225 ILCS 447/35‑15) (Section scheduled to be repealed on January 1, 2014) Sec. 35‑15. Advertisements; penalties. (a) No licensee providing services regulated by this Act may knowingly advertise those services without including his or her license number in the advertisement. The publisher of the advertising, however, is not required to verify the accuracy of the advertisement or the license number. (b) A licensee who advertises services regulated by this Act who knowingly (i) fails to display his or her license at his or her place of business, (ii) fails to provide the publisher with the current license number, or (iii) provides the publisher with a false license number or a license number other than that of the person or agency doing the advertising or a licensee who knowingly allows his or her license number to be displayed or used by another person or agency to circumvent any provision of this subsection, is guilty of a Class A misdemeanor. Each day an advertisement is published or a licensee allows his or her license to be used in violation of this Section constitutes a separate offense. In addition to the penalties and remedies provided in this Section, a licensee who violates any provision of this Section shall be subject to the disciplinary action, fines, and civil penalty provisions of this Act. (Source: P.A. 93‑438, eff. 8‑5‑03.)
(225 ILCS 447/35‑20) (Section scheduled to be repealed on January 1, 2014) Sec. 35‑20. Renewal provisions. (a) As a condition of renewal of a license, each licensee shall report to the Department information pertaining to the licensee's business location, status as active or inactive, proof of continued general liability insurance coverage, and any other data as determined by rule to be reasonably related to the administration of this Act. Licensees shall report this information as a condition of renewal, except that a change in home or office address or a change of the licensee‑in‑charge shall be reported within 10 days of when it occurs. (b) Upon renewal, every licensee shall report to the Department every instance during the licensure period in which the quality of his or her professional services in the State of Illinois was the subject of legal action that resulted in a settlement or a verdict in excess of $10,000. (Source: P.A. 93‑438, eff. 8‑5‑03.)
(225 ILCS 447/35‑25) (Section scheduled to be repealed on January 1, 2014) Sec. 35‑25. Duplicate licenses. If a license, permanent employee registration card, or firearm control card is lost, a duplicate shall be issued upon proof of such loss together with the payment of the required fee. If a licensee decides to change his or her name, the Department shall issue a license in the new name upon proof that the change was done pursuant to law and payment of the required fee. Notification of a name change shall be made to the Department within 30 days after the change. (Source: P.A. 95‑613, eff. 9‑11‑07.)
(225 ILCS 447/35‑30) (Text of Section before amendment by P.A. 96‑847) (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 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.)
(Text of Section after amendment by P.A. 96‑847) (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
