Public Act 100-0044
 
HB1772 EnrolledLRB100 05701 SMS 15723 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Private Detective, Private Alarm, Private 
Security, Fingerprint Vendor, and
Locksmith Act of 2004 is 
amended  by changing Sections 31-10 and 31-15 as follows:
 
    (225 ILCS 447/31-10)
    (Section scheduled to be repealed on January 1, 2024)
    Sec. 31-10. Qualifications for licensure as a fingerprint 
vendor.
    (a) A person is qualified for licensure as a fingerprint 
vendor if he or she meets all of the following requirements:
        (1) Is at least 18 years of age.
        (2) Has not been convicted of any felony in any 
    jurisdiction or at least 10 years have elapsed since the 
    time of full discharge from a sentence imposed for a felony 
    conviction.
        (3) Is of good moral character. Good moral character is 
    a continuing requirement of licensure. Conviction of 
    crimes other than felonies may be used in determining moral 
    character, but shall not constitute an absolute bar to 
    licensure, except where the applicant is a registered sex 
    offender.
        (4) Has not been declared by any court of competent 
    jurisdiction to be incompetent by reason of mental or 
    physical defect or disease, unless a court has subsequently 
    declared him or her to be competent.
        (5) Is not suffering from dependence on alcohol or from 
    narcotic addiction or dependence.
        (6) Has not been dishonorably discharged from the armed 
    forces of the United States.
        (7) Submits certification issued by the Department of 
    State Police that the applicant has successfully completed 
    a fingerprint vendor training course conducted or 
    authorized by the Department of State Police.
        (8) Submits his or her fingerprints, in accordance with 
    subsection (b) of this Section.
        (9) Has not violated any provision of this Act or any 
    rule adopted under this Act.
        (10) Provides evidence satisfactory to the Department 
    that the applicant has obtained general liability 
    insurance in an amount and with coverage as determined by 
    rule.  Failure to maintain general liability insurance and 
    failure to provide the Department with written proof of the 
    insurance, upon request, shall result in cancellation of 
    the license without hearing.  A fingerprint vendor employed 
    by a licensed fingerprint vendor agency may provide proof 
    that his or her actions as a fingerprint vendor are covered 
    by the liability insurance of his or her employer.
        (11) Pays the required licensure fee.
        (12) (Blank). Submits certification issued by the 
    Department of State Police that the applicant's 
    fingerprinting equipment and software meets all 
    specifications required by the Department of State Police. 
    Compliance with Department of State Police fingerprinting 
    equipment and software specifications is a continuing 
    requirement for licensure.
        (13) Submits proof that the applicant maintains a 
    business office located in the State of Illinois.
        (14) Provides proof of compliance with subsection (e) 
    of Section 31-15 of this Act if the applicant is not 
    required to obtain a fingerprint vendor agency license 
    pursuant to subsection (b) of Section 31-15 of this Act. 
    (b) Each applicant for a fingerprint vendor license 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.


(Source: P.A. 95-613, eff. 9-11-07.)
 
    (225 ILCS 447/31-15)
    (Section scheduled to be repealed on January 1, 2024)
    Sec. 31-15. Qualifications for licensure as a fingerprint 
vendor agency.

    (a) Upon receipt of the required fee, compliance with 
subsection (e) of this Section, and proof that the applicant 
has a full-time Illinois licensed fingerprint vendor 
licensee-in-charge, which is a continuing requirement for 
agency licensure, the Department may issue a license as a 
fingerprint vendor agency to any of the following:
        (1) An individual who submits an application and is a 
    licensed fingerprint vendor under this Act.
        (2) A firm that submits an application and all of the 
    members of the firm are licensed fingerprint vendors under 
    this Act.
        (3) A corporation or limited liability company doing 
    business in Illinois that is authorized to engage in the 
    business of conducting a fingerprint vendor agency if at 
    least one officer or executive employee is a licensed 
    fingerprint vendor under this Act and all unlicensed 
    officers and directors of the corporation or limited 
    liability company are determined by the Department to be 
    persons of good moral character.
    (b) An individual licensed as a fingerprint vendor 
operating under a business name other than the licensed 
fingerprint vendor's own name shall not be required to obtain a 
fingerprint vendor agency license if that licensed fingerprint 
vendor does not employ any persons to provide fingerprinting 
services. However, in either circumstance, the individual 
shall comply with the requirements of subsection (e) of this 
Section as a requirement for licensure. 
    (c) No fingerprint vendor may be the licensee-in-charge for 
more than one fingerprint vendor 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 termination of the 
employment of that individual, the Department shall issue a 
temporary certificate of authority allowing the continuing 
operation of the licensed agency. No temporary certificate of 
authority 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. Not more than 2 extensions 
may be granted to any agency. No temporary permit shall be 
issued for loss of the licensee-in-charge because of 
disciplinary action by the Department related to his or her 
conduct on behalf of the agency.

    (d) Upon issuance of the temporary certificate of authority

as provided for in subsection (c) of this Section and at any

time thereafter while the temporary certificate of authority
is 
in effect, the Department may request in writing additional

information from the agency regarding the loss of its

licensee-in-charge, the selection of a new licensee-in-charge,

and the management of the agency. Failure of the agency to

respond or respond to the satisfaction of the Department shall

cause the Department to deny any extension of the temporary

certificate of authority. While the temporary certificate of

authority is in effect, the Department may disapprove the

selection of a new licensee-in-charge by the agency if the

person's license is not operative or the Department has good

cause to believe that the person selected will not fully

exercise the responsibilities of a licensee-in-charge. If the

Department has disapproved the selection of a new 
licensee-in-charge
and the temporary certificate of authority 
expires or
is about to expire without the agency selecting 
another new
licensee-in-charge, the Department shall grant an 
extension of
the temporary certificate of authority for an 
additional 90
days, except as otherwise prohibited in 
subsection (c) or this
subsection (d). 
    (e) An applicant shall submit certification issued by the 
Department of State Police that the applicant's fingerprinting 
equipment and software meets all specifications required by the 
Department of State Police. Compliance with Department of State 
Police fingerprinting equipment and software specifications is 
a continuing requirement for licensure. 
(Source: P.A. 98-253, eff. 8-9-13.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.