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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Fire
Equipment Distributor and
Employee | ||||||
5 | Regulation Act of 2011 is amended by changing Sections 40 and | ||||||
6 | 60 as follows: | ||||||
7 | (225 ILCS 217/40) | ||||||
8 | (Section scheduled to be repealed on January 1, 2023)
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9 | Sec. 40. Qualifications for licensure; fees. | ||||||
10 | (a) No person shall engage in practice as a fire equipment | ||||||
11 | distributor or
fire equipment employee without first
applying | ||||||
12 | for and obtaining a license for that purpose from the Office of
| ||||||
13 | the State Fire Marshal.
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14 | (b) To qualify for a Class A Fire Equipment Distributor | ||||||
15 | License to service,
recharge,
hydro-test, install, maintain, | ||||||
16 | or inspect all types of fire extinguishers, an
applicant must | ||||||
17 | provide all of the following:
| ||||||
18 | (1) An annual license fee of $100.
| ||||||
19 | (2) Evidence of registration as an Illinois | ||||||
20 | corporation or
evidence of compliance with the Assumed | ||||||
21 | Business Name Act.
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22 | (3) Evidence of financial responsibility in a minimum | ||||||
23 | amount of
$300,000 through liability insurance, |
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1 | self-insurance,
group insurance, group self-insurance, or | ||||||
2 | risk retention groups.
| ||||||
3 | (c) To qualify for a Class B Fire Equipment Distributor | ||||||
4 | License to service,
recharge,
hydro-test, install, maintain, | ||||||
5 | or inspect all types of pre-engineered fire
extinguishing | ||||||
6 | systems, an applicant must provide all of the following:
| ||||||
7 | (1) An annual license fee of $200.
| ||||||
8 | (2) Evidence of registration as an Illinois | ||||||
9 | corporation or
evidence of compliance with the Assumed | ||||||
10 | Business Name Act.
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11 | (3) Evidence of financial responsibility in a minimum | ||||||
12 | amount of
$300,000 through liability insurance, | ||||||
13 | self-insurance, group insurance, group
self-insurance, or | ||||||
14 | risk retention groups.
| ||||||
15 | (4) Evidence of owning, leasing, renting, or having | ||||||
16 | access to proper
testing equipment that is in compliance | ||||||
17 | with the national standards adopted
by the State Fire | ||||||
18 | Marshal for the maintenance and operation of testing
tools | ||||||
19 | for use with all Class B fire equipment.
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20 | (d) To qualify for a Class C Fire Equipment Distributor | ||||||
21 | License to service,
repair,
hydro-test, inspect, and engineer | ||||||
22 | all types of engineered fire suppression
systems, an applicant | ||||||
23 | must provide all of the following:
| ||||||
24 | (1) An annual license fee of $300.
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25 | (2) Evidence of registration as an Illinois | ||||||
26 | corporation or
evidence of compliance with the Assumed |
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| |||||||
1 | Business Name Act.
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2 | (3) Evidence of financial responsibility in a minimum | ||||||
3 | amount of
$300,000 through liability insurance, | ||||||
4 | self-insurance, group insurance,
group self-insurance, or | ||||||
5 | risk retention groups.
| ||||||
6 | (4) Evidence of owning, leasing, renting, or having | ||||||
7 | access to proper
testing equipment that is in compliance | ||||||
8 | with the national standards adopted
by the State Fire | ||||||
9 | Marshal for the maintenance and operation of testing
tools | ||||||
10 | for use with all Class C fire equipment.
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11 | (e) To qualify for a Class 1 Fire Equipment Employee | ||||||
12 | License to service,
recharge, hydro-test, install, maintain, | ||||||
13 | or inspect all types
of fire extinguishers, an applicant must | ||||||
14 | complete all of the following:
| ||||||
15 | (1) Pass the ICC/NAFED examination administered by the | ||||||
16 | ICC as a technician certified to service a Portable Fire | ||||||
17 | Extinguisher.
| ||||||
18 | (2) Pay an annual license fee of $20.
| ||||||
19 | (3) Provide 2 copies of a current photograph at least | ||||||
20 | 1" x 1" in size. An applicant who is 21 years of age or | ||||||
21 | older seeking a religious exemption to this photograph | ||||||
22 | requirement shall furnish with his or her application an | ||||||
23 | approved copy of United States Department of the Treasury | ||||||
24 | Internal Revenue Service Form 4029. Regardless of age, an | ||||||
25 | applicant seeking a religious exemption to this photograph | ||||||
26 | requirement shall submit fingerprints in a form and manner |
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| |||||||
1 | prescribed by the State Fire Marshal with his or her | ||||||
2 | application in lieu of a photograph.
| ||||||
3 | (f) To qualify for a Class 2I Fire Equipment Employee | ||||||
4 | License to service,
recharge, hydro-test, install, maintain, | ||||||
5 | or inspect all types
of pre-engineered industrial fire | ||||||
6 | extinguishing systems, an applicant must complete all of
the | ||||||
7 | following:
| ||||||
8 | (1) Pass the ICC/NAFED examination administered by the | ||||||
9 | ICC as a technician certified to service Pre-Engineered | ||||||
10 | Industrial Fire Suppression Systems.
| ||||||
11 | (2) Pay an annual license fee of $20.
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12 | (3) Provide 2 copies of a current photograph at least | ||||||
13 | 1" x 1" in size. An applicant who is 21 years of age or | ||||||
14 | older seeking a religious exemption to this photograph | ||||||
15 | requirement shall furnish with his or her application an | ||||||
16 | approved copy of United States Department of the Treasury | ||||||
17 | Internal Revenue Service Form 4029. Regardless of age, an | ||||||
18 | applicant seeking a religious exemption to this photograph | ||||||
19 | requirement shall submit fingerprints in a form and manner | ||||||
20 | prescribed by the State Fire Marshal with his or her | ||||||
21 | application in lieu of a photograph.
| ||||||
22 | (f-5) To qualify for a Class 2K Fire Equipment Employee | ||||||
23 | License to service, recharge, hydro-test, install, maintain, | ||||||
24 | or inspect all types of pre-engineered kitchen fire | ||||||
25 | extinguishing systems, an applicant must complete all of the | ||||||
26 | following: |
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| |||||||
1 | (1) Pass the ICC/NAFED examination administered by the | ||||||
2 | ICC as a technician certified to service Pre-Engineered | ||||||
3 | Kitchen Fire Extinguishing Systems. | ||||||
4 | (2) Pay an annual fee of $20. | ||||||
5 | (3) Provide 2 copies of a current photograph at least | ||||||
6 | 1" x 1" in size. An applicant who is 21 years of age or | ||||||
7 | older seeking a religious exemption to this photograph | ||||||
8 | requirement shall furnish with his or her application an | ||||||
9 | approved copy of United States Department of the Treasury | ||||||
10 | Internal Revenue Service Form 4029. Regardless of age, an | ||||||
11 | applicant seeking a religious exemption to this photograph | ||||||
12 | requirement shall submit fingerprints in a form and manner | ||||||
13 | prescribed by the State Fire Marshal with his or her | ||||||
14 | application in lieu of a photograph. | ||||||
15 | (g) To qualify for a Class 3 Fire Equipment Employee | ||||||
16 | License to service,
recharge, hydro-test, maintain, inspect, | ||||||
17 | or engineer all
types of engineered fire extinguishing systems, | ||||||
18 | an applicant must complete all
of the following:
| ||||||
19 | (1) Pass the examination.
| ||||||
20 | (2) Pay an annual license fee of $20.
| ||||||
21 | (3) Provide a current photograph at least 1" x 1" in | ||||||
22 | size. An applicant who is 21 years of age or older seeking | ||||||
23 | a religious exemption to this photograph requirement shall | ||||||
24 | furnish with his or her application an approved copy of | ||||||
25 | United States Department of the Treasury Internal Revenue | ||||||
26 | Service Form 4029. Regardless of age, an applicant seeking |
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1 | a religious exemption to this photograph requirement shall | ||||||
2 | submit fingerprints in a form and manner prescribed by the | ||||||
3 | State Fire Marshal with his or her application in lieu of a | ||||||
4 | photograph.
| ||||||
5 | (h) All licenses issued under this Act shall remain in | ||||||
6 | effect unless the licensee is otherwise notified by the Office | ||||||
7 | of the State Fire Marshal. | ||||||
8 | (Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.) | ||||||
9 | (225 ILCS 217/60) | ||||||
10 | (Section scheduled to be repealed on January 1, 2023)
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11 | Sec. 60. Issuance of license; renewal. | ||||||
12 | (a) The State Fire Marshal shall, upon the applicant's | ||||||
13 | satisfactory
completion of the requirements authorized under | ||||||
14 | this Act and upon receipt
of the requisite fees, issue the | ||||||
15 | appropriate license and wallet card showing
the name and | ||||||
16 | business location of the licensee, the dates of issuance and
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17 | expiration, and shall contain a photograph of the licensee | ||||||
18 | provided to the
State Fire Marshal. An applicant who is 21 | ||||||
19 | years of age or older seeking a religious exemption to the | ||||||
20 | photograph required by this subsection shall furnish with his | ||||||
21 | or her application an approved copy of United States Department | ||||||
22 | of the Treasury Internal Revenue Service Form 4029. Regardless | ||||||
23 | of age, an applicant seeking a religious exemption to this | ||||||
24 | photograph requirement shall submit fingerprints in a form and | ||||||
25 | manner prescribed by the State Fire Marshal with his or her |
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| |||||||
1 | application in lieu of a photograph.
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2 | (b) Any license valid on December 31, 2010 under the Fire | ||||||
3 | Equipment Distributor and Employee Regulation Act of 2000 shall | ||||||
4 | be a valid license under this Act and expires when the valid | ||||||
5 | license issued under the Fire Equipment Distributor and | ||||||
6 | Employee Regulation Act of 2000 was scheduled to expire.
| ||||||
7 | (c) Each licensee may apply for renewal of his license upon | ||||||
8 | payment of
fees, as set forth in this Act. The expiration date | ||||||
9 | and renewal period
for each license issued under this Act shall | ||||||
10 | be set by rule. Failure to
renew within 60 days of the | ||||||
11 | expiration date shall lapse the license. A lapsed
license
may | ||||||
12 | not be reinstated until a written application is filed, the | ||||||
13 | renewal
fee is paid, and a $50 reinstatement fee is paid. | ||||||
14 | Renewal and reinstatement
fees shall be waived for persons who | ||||||
15 | did not renew while on active duty
in the military and who file | ||||||
16 | for renewal or restoration within one year after
discharge from | ||||||
17 | such service. A lapsed license may not be reinstated after
5 | ||||||
18 | years have elapsed, except upon passing an examination to | ||||||
19 | determine fitness
to have the license restored and by paying | ||||||
20 | the required fees.
| ||||||
21 | (d) As a condition of renewal of a license, the State Fire | ||||||
22 | Marshal may
require the licensee to report information | ||||||
23 | pertaining to his practice which
the State Fire Marshal | ||||||
24 | determines to be in the interest of public safety.
| ||||||
25 | (e) All fees paid under this Act
are non-refundable.
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26 | (Source: P.A. 96-1499, eff. 1-18-11 .) |
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1 | Section 10. The Pyrotechnic
Distributor and
Operator | ||||||
2 | Licensing Act is amended by changing Section 50 as follows:
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3 | (225 ILCS 227/50)
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4 | Sec. 50. Issuance of license; renewal; fees nonrefundable.
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5 | (a) The Office, upon the applicant's satisfactory | ||||||
6 | completion of
the
requirements imposed under this Act and upon | ||||||
7 | receipt of the requisite
fees, shall
issue the appropriate | ||||||
8 | license showing the name, address, and photograph of
the
| ||||||
9 | licensee and the dates of issuance and expiration. The license | ||||||
10 | shall include the name of the pyrotechnic distributor or | ||||||
11 | production company employing the lead pyrotechnic operator or | ||||||
12 | insuring the lead pyrotechnic operator as an additional named | ||||||
13 | insured on the pyrotechnic distributor's product liability and | ||||||
14 | general liability insurance, as required under paragraphs (2) | ||||||
15 | and (3) of subsection (c) of Section 35, or insuring the lead | ||||||
16 | pyrotechnic operator as an additional named insured on the | ||||||
17 | production company's general liability insurance, as required | ||||||
18 | under paragraph (1) of subsection (c-3) of Section 35. A lead | ||||||
19 | pyrotechnic operator is required to have a separate license for | ||||||
20 | each pyrotechnic distributor or production company who employs | ||||||
21 | the lead pyrotechnic operator or insures the lead pyrotechnic | ||||||
22 | operator as an additional named insured on the pyrotechnic | ||||||
23 | distributor's product liability and general liability | ||||||
24 | insurance, as required under paragraphs (2) and (3) of |
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| |||||||
1 | subsection (c) of Section 35, or insures the lead pyrotechnic | ||||||
2 | operator as an additional named insured on the production | ||||||
3 | company's general liability insurance, as required under | ||||||
4 | paragraph (1) of subsection (c-3) of Section 35.
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5 | (b) Each licensee may apply for renewal of his or her | ||||||
6 | license upon
payment of the applicable
fees. The expiration | ||||||
7 | date and renewal period for each
license
issued under this Act | ||||||
8 | shall be set by rule. Failure to renew within 60 days of
the | ||||||
9 | expiration date
results in lapse of the license. A lapsed | ||||||
10 | license may not be reinstated until a
written
application is | ||||||
11 | filed, the renewal fee is paid, and the reinstatement fee
| ||||||
12 | established by the
Office is paid. Renewal and reinstatement | ||||||
13 | fees shall be waived for persons
who did not
renew while on | ||||||
14 | active duty in the military and who file for renewal or
| ||||||
15 | restoration
within one year after discharge from the service. A | ||||||
16 | lapsed license may not
be
reinstated after 5 years have elapsed | ||||||
17 | except upon passing an examination to
determine
fitness to have | ||||||
18 | the license restored and by paying the required fees.
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19 | (c) All fees paid under this Act are nonrefundable.
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20 | (d) A production company licensed under this Act shall pay | ||||||
21 | all applicable licensing fees for each lead pyrotechnic | ||||||
22 | operator it employs or insures as an additional named insured | ||||||
23 | on the production company's general liability insurance, as | ||||||
24 | required under paragraph (1) of subsection (c-3) of Section 35. | ||||||
25 | (e) An applicant who is 21 years of age or older seeking a | ||||||
26 | religious exemption to the photograph requirement of this |
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| |||||||
1 | Section shall furnish with his or her application an approved | ||||||
2 | copy of United States Department of the Treasury Internal | ||||||
3 | Revenue Service Form 4029. Regardless of age, an applicant | ||||||
4 | seeking a religious exemption to this photograph requirement | ||||||
5 | shall submit fingerprints in a form and manner prescribed by | ||||||
6 | the Office with his or her application in lieu of a photograph. | ||||||
7 | (Source: P.A. 96-708, eff. 8-25-09; 97-164, eff. 1-1-12.)
| ||||||
8 | Section 15. The Elevator Safety and Regulation Act is | ||||||
9 | amended by adding Section 66 as follows: | ||||||
10 | (225 ILCS 312/66 new) | ||||||
11 | Sec. 66. Licenses; photo exemption. An applicant who is 21 | ||||||
12 | years of age or older seeking a religious exemption to the | ||||||
13 | requirement under this Act that all licenses contain the | ||||||
14 | licensees' photo shall furnish with his or her application an | ||||||
15 | approved copy of United States Department of the Treasury | ||||||
16 | Internal Revenue Service Form 4029. Regardless of age, an | ||||||
17 | applicant seeking a religious exemption to this photo | ||||||
18 | requirement shall submit fingerprints in a form and manner | ||||||
19 | prescribed by the Board with his or her application in lieu of | ||||||
20 | a photo. | ||||||
21 | Section 20. The Illinois Plumbing License Law is amended by | ||||||
22 | changing Sections 11 and 16 as follows:
|
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| |||||||
1 | (225 ILCS 320/11) (from Ch. 111, par. 1110)
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2 | Sec. 11.
The Director shall issue a plumber's license to | ||||||
3 | each applicant
who successfully passes the examination and has | ||||||
4 | paid to the Department the
required license fee. Each plumber's | ||||||
5 | license shall be issued in the name
of the Department with the | ||||||
6 | seal thereof attached. Each plumber's license shall be composed | ||||||
7 | of a solid plastic card that includes a photo of the licensed | ||||||
8 | plumber printed directly on the card.
| ||||||
9 | A person once licensed as a plumber under the provisions of | ||||||
10 | this Act shall not
be relicensed except by renewal or | ||||||
11 | restoration of such license as provided in this Act.
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12 | An applicant who is 21 years of age or older seeking a | ||||||
13 | religious exemption to the photo requirement of this Section | ||||||
14 | shall furnish with his or her application an approved copy of | ||||||
15 | United States Department of the Treasury Internal Revenue | ||||||
16 | Service Form 4029. Regardless of age, an applicant seeking a | ||||||
17 | religious exemption to this photo requirement shall submit | ||||||
18 | fingerprints in a form and manner prescribed by the Department | ||||||
19 | with his or her application in lieu of a photo. | ||||||
20 | (Source: P.A. 97-1137, eff. 6-1-13 .)
| ||||||
21 | (225 ILCS 320/16) (from Ch. 111, par. 1115)
| ||||||
22 | Sec. 16.
(1) Any city, village or incorporated town, having | ||||||
23 | a population of
500,000 or more may, by an ordinance containing | ||||||
24 | provisions substantially
the same as those in this Act and | ||||||
25 | specifying educational or experience
requirements equivalent |
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| |||||||
1 | to those prescribed in this Act, provide for a
board of | ||||||
2 | plumbing examiners to conduct examinations for, and to issue,
| ||||||
3 | suspend, or revoke, plumbers' licenses, within such city, | ||||||
4 | village or
incorporated town. Upon the enactment of such | ||||||
5 | ordinance the provisions of
this act shall not apply within any | ||||||
6 | such municipality except as otherwise
provided herein.
| ||||||
7 | (2) Any person licensed as a plumber pursuant to such | ||||||
8 | ordinance, or
licensed by the Department under this Act, may | ||||||
9 | engage in plumbing anywhere
in this State.
| ||||||
10 | (3) Any board of plumbing examiners created pursuant to | ||||||
11 | this Section
shall maintain a current record similar to that | ||||||
12 | required of the Director by
Section 8 of this Act, and shall | ||||||
13 | provide the Department with a copy
thereof. The Department | ||||||
14 | shall be advised of changes in such record at least
every six | ||||||
15 | months.
| ||||||
16 | (4) In the event that the plumbing contractor's license is | ||||||
17 | suspended or revoked by any city, village, or incorporated | ||||||
18 | town, having a population of 500,000 or more, the city, | ||||||
19 | village, or incorporated town shall notify the Department. | ||||||
20 | (5) Any city, village, or incorporated town having a | ||||||
21 | population of
500,000 or more that licenses an individual as a | ||||||
22 | plumber shall provide a license composed of a solid plastic | ||||||
23 | card that includes a photo of the licensed plumber printed | ||||||
24 | directly on the card. An applicant who is 21 years of age or | ||||||
25 | older seeking a religious exemption to the photo requirement of | ||||||
26 | this subsection shall furnish with his or her application an |
| |||||||
| |||||||
1 | approved copy of United States Department of the Treasury | ||||||
2 | Internal Revenue Service Form 4029. Regardless of age, an | ||||||
3 | applicant seeking a religious exemption to this photo | ||||||
4 | requirement shall submit fingerprints in a form and manner | ||||||
5 | prescribed by the city, village, or incorporated town with his | ||||||
6 | or her application in lieu of a photo. | ||||||
7 | (Source: P.A. 97-365, eff. 1-1-12; 97-1137, eff. 6-1-13 .)
| ||||||
8 | Section 25. The Collateral Recovery Act is amended by | ||||||
9 | changing Sections 35, 40, and 45 as follows: | ||||||
10 | (225 ILCS 422/35)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2022) | ||||||
12 | Sec. 35. Application for repossession agency licensure. | ||||||
13 | (a) Application for original licensure as a repossession | ||||||
14 | agency shall be made to the Commission in writing on forms | ||||||
15 | prescribed by the Commission and shall be accompanied by the | ||||||
16 | appropriate documentation and the required fee, and the fee is | ||||||
17 | nonrefundable. | ||||||
18 | (b) Every application shall state, in addition to any other | ||||||
19 | requirements, (i) the name of the applicant, (ii) the name | ||||||
20 | under which the applicant shall do business, (iii) the proposed | ||||||
21 | location of the agency by number, street, and city, and (iv) | ||||||
22 | the proposed location of the agency's remote storage location | ||||||
23 | or locations by number, street, and city, (v) the proposed | ||||||
24 | location of the Agency's branch office or branch offices by |
| |||||||
| |||||||
1 | number, street, and city, and (vi) the usual business hours | ||||||
2 | that the agency shall maintain. | ||||||
3 | (c) No license may be issued (i) in any fictitious name | ||||||
4 | that may be confused with or is similar to any federal, state, | ||||||
5 | county, or municipal government function or agency, (ii) in any | ||||||
6 | name that may tend to describe any business function or | ||||||
7 | enterprise not actually engaged in by the applicant, (iii) in | ||||||
8 | any name that is the same as or similar to any existing | ||||||
9 | licensed company and that would tend to deceive the public, | ||||||
10 | (iv) in any name that would tend to be deceptive or misleading, | ||||||
11 | or (v) to any repossession agency applicant without that | ||||||
12 | agency's location or branch office location maintaining a | ||||||
13 | secured storage facility as defined in Section 10 of this Act. | ||||||
14 | (d) If the applicant for repossession agency licensure is | ||||||
15 | an individual, then his or her application shall include (i) | ||||||
16 | the full residential address of the applicant and (ii) either | ||||||
17 | the sworn statement of the applicant declaring that he or she | ||||||
18 | is the licensed recovery manager who shall be personally in | ||||||
19 | control of the agency for which the licensure is sought, or the | ||||||
20 | name and signed sworn statement of the licensed recovery | ||||||
21 | manager who shall be in control or management of the agency. | ||||||
22 | (e) If the applicant for repossession agency licensure is a | ||||||
23 | partnership, then the application shall include (i) a statement | ||||||
24 | of the names and full residential addresses of all partners in | ||||||
25 | the business and (ii) a sworn statement signed by each partner | ||||||
26 | verifying the name of the person who is a licensed recovery |
| |||||||
| |||||||
1 | manager and shall be in control or management of the business. | ||||||
2 | If a licensed recovery manager who is not a partner shall be in | ||||||
3 | control or management of the agency, then he or she must also | ||||||
4 | sign the sworn statement. The application shall also state | ||||||
5 | whether any of the partners has ever used an alias. | ||||||
6 | (f) If the applicant for licensure as a repossession agency | ||||||
7 | is a corporation, then the application shall include (i) the | ||||||
8 | names and full residential addresses of all corporation | ||||||
9 | officers and (ii) a sworn statement signed by a duly authorized | ||||||
10 | officer of the corporation verifying the name of the person who | ||||||
11 | is a licensed recovery manager and shall be in control or | ||||||
12 | management of the agency. If a licensed recovery manager who is | ||||||
13 | not an officer shall be in control or management of the agency, | ||||||
14 | then he or she must also sign the sworn statement. The | ||||||
15 | application shall also state whether any of the officers has | ||||||
16 | ever used an alias. | ||||||
17 | (g) If the applicant for licensure as a repossession agency | ||||||
18 | is a limited liability company, then the application shall | ||||||
19 | include (i) the names and full residential addresses of all | ||||||
20 | members and (ii) a sworn statement signed by each member | ||||||
21 | verifying the name of the person who is a licensed recovery | ||||||
22 | manager and shall be in control or management of the agency. If | ||||||
23 | a licensed recovery manager who is not a member shall be in | ||||||
24 | control or management of the agency, then he or she must also | ||||||
25 | sign the sworn statement. The application shall also state | ||||||
26 | whether any of the members has ever used an alias. |
| |||||||
| |||||||
1 | (h) Each individual, partner of a partnership, officer of a | ||||||
2 | corporation, or member of a limited liability company shall | ||||||
3 | submit with the application a copy of one form of personal | ||||||
4 | identification upon which must appear a photograph taken within | ||||||
5 | one year immediately preceding the date of the filing of the | ||||||
6 | application. An applicant who is 21 years of age or older | ||||||
7 | seeking a religious exemption to the photograph requirement of | ||||||
8 | this subsection shall furnish with the application an approved | ||||||
9 | copy of United States Department of the Treasury Internal | ||||||
10 | Revenue Service Form 4029. Regardless of age, an applicant | ||||||
11 | seeking a religious exemption to this photograph requirement | ||||||
12 | shall submit fingerprints in a form and manner prescribed by | ||||||
13 | the Commission with his or her application in lieu of a | ||||||
14 | photograph. | ||||||
15 | (i) No examination shall be required for licensure as a | ||||||
16 | repossession agency by the Commission. | ||||||
17 | (j) The Commission may require any additional information | ||||||
18 | that, in the judgment of the Commission, shall enable the | ||||||
19 | Commission to determine the qualifications of the applicant for | ||||||
20 | licensure. | ||||||
21 | (k) Applicants have 90 days from the date of application to | ||||||
22 | complete the application process. If the application has not | ||||||
23 | been completed within 90 days, then the application shall be | ||||||
24 | denied, the fee shall be forfeited, and the applicant must | ||||||
25 | reapply and meet the requirements in effect at the time of | ||||||
26 | reapplication. |
| |||||||
| |||||||
1 | (l) Nothing in this Section precludes a domestic or foreign | ||||||
2 | limited liability company being licensed as a repossession | ||||||
3 | agency. | ||||||
4 | (m) A repossession agency license may be transferable upon | ||||||
5 | prior notice to the Commission and upon completion of all | ||||||
6 | requirements relative to the application process for | ||||||
7 | repossession agency licensure. | ||||||
8 | (n) Repossessions performed in this State must be performed | ||||||
9 | by
repossession agencies, their employees, or agents licensed | ||||||
10 | by the Commission, with the exception of financial institutions | ||||||
11 | or the employees of a financial institution that are exempt | ||||||
12 | under subsection (d) of Section 30 of this Act.
| ||||||
13 | (Source: P.A. 97-576, eff. 7-1-12 .) | ||||||
14 | (225 ILCS 422/40)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2022) | ||||||
16 | Sec. 40. Qualifications for recovery manager; | ||||||
17 | identification card. | ||||||
18 | (a) An applicant is qualified for licensure as a recovery | ||||||
19 | manager if that person meets all of the following requirements: | ||||||
20 | (1) Is 21 years of age or older. | ||||||
21 | (2) Has not been convicted in any jurisdiction of any | ||||||
22 | felony or at least 10 years has passed from the time of | ||||||
23 | discharge from any sentence imposed for a felony. | ||||||
24 | (3) Has completed no less than 2,500 hours of actual | ||||||
25 | compensated collateral recovery work as an employee of a |
| |||||||
| |||||||
1 | repossession agency, a financial institution, or a vehicle | ||||||
2 | dealer within the 5 years immediately preceding the filing | ||||||
3 | of an application, acceptable proof of which must be | ||||||
4 | submitted to the Commission. | ||||||
5 | (4) Has submitted to the Commission 2 sets of | ||||||
6 | fingerprints, which shall be checked against the | ||||||
7 | fingerprint records on file with the Illinois State Police | ||||||
8 | and the Federal Bureau of Investigation in the manner set | ||||||
9 | forth in Section 60 of this Act. | ||||||
10 | (5) Has successfully completed a certification program | ||||||
11 | approved by the Commission. | ||||||
12 | (6) Has paid the required application fees. | ||||||
13 | (b) Upon the issuance of a recovery manager license, the | ||||||
14 | Commission shall issue the license holder a suitable pocket | ||||||
15 | identification card that shall include a photograph of the | ||||||
16 | license holder. The identification card must contain the name | ||||||
17 | of the license holder and any other information required by the | ||||||
18 | Commission. An applicant who is 21 years of age or older | ||||||
19 | seeking a religious exemption to the photograph requirement of | ||||||
20 | this subsection shall furnish with his or her application an | ||||||
21 | approved copy of United States Department of the Treasury | ||||||
22 | Internal Revenue Service Form 4029. | ||||||
23 | (c) A recovery manager license is not transferable.
| ||||||
24 | (Source: P.A. 97-576, eff. 7-1-12 .) | ||||||
25 | (225 ILCS 422/45)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2022) | ||||||
2 | Sec. 45. Repossession agency employee requirements. | ||||||
3 | (a) All employees of a licensed repossession agency whose | ||||||
4 | duties include the actual repossession of collateral must apply | ||||||
5 | for a recovery permit. The holder of a repossession agency | ||||||
6 | license issued under this Act, known in this Section as the | ||||||
7 | "employer", may employ in the conduct of the business under the | ||||||
8 | following provisions: | ||||||
9 | (1) No person may be issued a recovery permit who meets | ||||||
10 | any of the following criteria: | ||||||
11 | (A) Is younger than 21 years of age. | ||||||
12 | (B) Has been determined by the Commission to be | ||||||
13 | unfit by reason of conviction of an offense in this or | ||||||
14 | another state, other than a minor traffic offense. The | ||||||
15 | Commission shall adopt rules for making those | ||||||
16 | determinations. | ||||||
17 | (C) Has had a license or recovery permit denied, | ||||||
18 | suspended, or revoked under this Act. | ||||||
19 | (D) Has not successfully completed a certification | ||||||
20 | program approved by the Commission. | ||||||
21 | (2) No person may be employed by a repossession agency | ||||||
22 | under this Section until he or she has executed and | ||||||
23 | furnished to the Commission, on forms furnished by the | ||||||
24 | Commission, a verified statement to be known as an | ||||||
25 | "Employee's Statement" setting forth all of the following: | ||||||
26 | (A) The person's full name, age, and residence |
| |||||||
| |||||||
1 | address. | ||||||
2 | (B) The business or occupation engaged in for the 5 | ||||||
3 | years immediately before the date of the execution of | ||||||
4 | the statement, the place where the business or | ||||||
5 | occupation was engaged in, and the names of the | ||||||
6 | employers, if any. | ||||||
7 | (C) That the person has not had a license or | ||||||
8 | recovery permit denied, revoked, or suspended under | ||||||
9 | this Act. | ||||||
10 | (D) Any conviction of a felony, except as provided | ||||||
11 | for in Section 85. | ||||||
12 | (E) Any other information as may be required by any | ||||||
13 | rule of the Commission to show the good character, | ||||||
14 | competency, and integrity of the person executing the | ||||||
15 | statement. | ||||||
16 | (b) Each applicant for a recovery permit shall have his or | ||||||
17 | her fingerprints submitted to the Commission by a Live Scan | ||||||
18 | fingerprint vendor certified by the Illinois State Police under | ||||||
19 | the Private Detective, Private Alarm, Private Security, | ||||||
20 | Fingerprint Vendor, and Locksmith Act of 2004 in an electronic | ||||||
21 | format that complies with the form and manner for requesting | ||||||
22 | and furnishing criminal history record information as | ||||||
23 | prescribed by the Illinois State Police. These fingerprints | ||||||
24 | shall be checked against the Illinois State Police and Federal | ||||||
25 | Bureau of Investigation criminal history record databases now | ||||||
26 | and hereafter filed. The Commission shall charge applicants a |
| |||||||
| |||||||
1 | fee for conducting the criminal history records check, which | ||||||
2 | shall not exceed the actual cost of the records check. The | ||||||
3 | Illinois Commerce Commission Police shall furnish, pursuant to | ||||||
4 | positive identification, records of Illinois convictions to | ||||||
5 | the Commission. The Commission, in its discretion, may allow an | ||||||
6 | applicant who does not have reasonable access to a designated | ||||||
7 | vendor to provide his or her fingerprints in an alternative | ||||||
8 | manner. The Commission, in its discretion, may also use other | ||||||
9 | procedures in performing or obtaining criminal history records | ||||||
10 | checks of applicants. Instead of submitting his or her | ||||||
11 | fingerprints, an individual may submit proof that is | ||||||
12 | satisfactory to the Commission that an equivalent security | ||||||
13 | clearance has been conducted. | ||||||
14 | (c) Qualified applicants shall purchase a recovery permit | ||||||
15 | from the Commission and in a form that the Commission | ||||||
16 | prescribes. The Commission shall notify the submitting person | ||||||
17 | within 10 days after receipt of the application of its intent | ||||||
18 | to issue or deny the recovery permit. The holder of a recovery | ||||||
19 | permit shall carry the recovery permit at all times while | ||||||
20 | actually engaged in the performance of the duties of his or her | ||||||
21 | employment. No recovery permit shall be effective unless | ||||||
22 | accompanied by a license issued by the Commission. Expiration | ||||||
23 | and requirements for renewal of recovery permits shall be | ||||||
24 | established by rule of the Commission. Possession of a recovery | ||||||
25 | permit does not in any way imply that the holder of the | ||||||
26 | recovery permit is employed by any agency unless the recovery |
| |||||||
| |||||||
1 | permit is accompanied by the employee identification card | ||||||
2 | required by subsection (e) of this Section. | ||||||
3 | (d) Each employer shall maintain a record of each employee | ||||||
4 | that is accessible to the duly authorized representatives of | ||||||
5 | the Commission. The record shall contain all of the following | ||||||
6 | information: | ||||||
7 | (1) A photograph taken within 10 days after the date | ||||||
8 | that the employee begins employment with the employer. The | ||||||
9 | photograph shall be replaced with a current photograph | ||||||
10 | every 3 calendar years. | ||||||
11 | (2) The Employee's Statement specified in paragraph | ||||||
12 | (2) of subsection (a) of this Section. | ||||||
13 | (3) All correspondence or documents relating to the | ||||||
14 | character and integrity of the employee received by the | ||||||
15 | employer from any official source or law enforcement | ||||||
16 | agency. | ||||||
17 | (4) In the case of former employees, the employee | ||||||
18 | identification card of that person issued under subsection | ||||||
19 | (e) of this Section. | ||||||
20 | (e) Every employer shall furnish an employee | ||||||
21 | identification card to each of his or her employees. This | ||||||
22 | subsection (e) shall not apply to office or clerical personnel. | ||||||
23 | This employee identification card shall contain a recent | ||||||
24 | photograph of the employee, the employee's name, the name and | ||||||
25 | agency license number of the employer, the employee's personal | ||||||
26 | description, the signature of the employer, the signature of |
| |||||||
| |||||||
1 | that employee, the date of issuance, and an employee | ||||||
2 | identification card number. | ||||||
3 | (f) No employer may issue an employee identification card | ||||||
4 | to any person who is not employed by the employer in accordance | ||||||
5 | with this Section or falsely state or represent that a person | ||||||
6 | is or has been in his or her employ. It is unlawful for an | ||||||
7 | applicant for registration to file with the Commission the | ||||||
8 | fingerprints of a person other than himself or herself or to | ||||||
9 | fail to exercise due diligence in resubmitting replacement | ||||||
10 | fingerprints for those employees who have had original | ||||||
11 | fingerprint submissions returned as unclassifiable. An agency | ||||||
12 | shall inform the Commission within 15 days after contracting or | ||||||
13 | employing a licensed repossession agency employee. The | ||||||
14 | Commission shall develop a registration process by rule. | ||||||
15 | (g) Every employer shall obtain the identification card of | ||||||
16 | every employee who terminates employment with the employer. An | ||||||
17 | employer shall immediately report an identification card that | ||||||
18 | is lost or stolen to the local police department having | ||||||
19 | jurisdiction over the repossession agency location. | ||||||
20 | (h) No agency may employ any person to perform any activity | ||||||
21 | under this Act unless the person possesses a valid license or | ||||||
22 | recovery permit under this Act. | ||||||
23 | (i) If information is discovered affecting the | ||||||
24 | registration of a person whose fingerprints were submitted | ||||||
25 | under this Section, then the Commission shall so notify the | ||||||
26 | agency that submitted the fingerprints on behalf of that |
| |||||||
| |||||||
1 | person. | ||||||
2 | (j) A person employed under this Section shall have 15 | ||||||
3 | business days within which to notify the Commission of any | ||||||
4 | change in employer, but may continue working under any other | ||||||
5 | recovery permits granted as an employee or independent | ||||||
6 | contractor. | ||||||
7 | (k) This Section applies only to those employees of | ||||||
8 | licensed repossession agencies whose duties include actual | ||||||
9 | repossession of collateral.
| ||||||
10 | (l) An applicant who is 21 years of age or older seeking a | ||||||
11 | religious exemption to the photograph requirement of this | ||||||
12 | Section shall furnish with his or her application an approved | ||||||
13 | copy of United States Department of the Treasury Internal | ||||||
14 | Revenue Service Form 4029. Regardless of age, an applicant | ||||||
15 | seeking a religious exemption to this photograph requirement | ||||||
16 | shall submit fingerprints in a form and manner prescribed by | ||||||
17 | the Commission with his or her application in lieu of a | ||||||
18 | photograph. | ||||||
19 | (Source: P.A. 97-576, eff. 7-1-12 .) | ||||||
20 | Section 30. The Private Detective, Private Alarm, Private | ||||||
21 | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | ||||||
22 | amended by changing Section 35-30 as follows:
| ||||||
23 | (225 ILCS 447/35-30)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2024)
|
| |||||||
| |||||||
1 | Sec. 35-30. Employee requirements. All employees of a
| ||||||
2 | licensed agency, other than those exempted, shall apply for a
| ||||||
3 | permanent employee registration card. The holder of an agency
| ||||||
4 | license issued under this Act, known in this Section as
| ||||||
5 | "employer", may employ in the conduct of his or her business
| ||||||
6 | employees under the following provisions:
| ||||||
7 | (a) No person shall be issued a permanent employee
| ||||||
8 | registration card who:
| ||||||
9 | (1) Is younger than 18 years of age.
| ||||||
10 | (2) Is younger than 21 years of age if the
services | ||||||
11 | will include being armed.
| ||||||
12 | (3) Has been determined by the Department to
be unfit | ||||||
13 | by reason of conviction of an offense in this or
another | ||||||
14 | state, including registration as a sex offender, but not | ||||||
15 | including a traffic offense. Persons convicted of felonies | ||||||
16 | involving bodily harm, weapons, violence, or theft within | ||||||
17 | the previous 10 years shall be presumed to be unfit for | ||||||
18 | registration. The Department
shall adopt rules for making | ||||||
19 | those determinations that shall
afford the applicant due | ||||||
20 | process of law.
| ||||||
21 | (4) Has had a license or permanent employee
| ||||||
22 | registration card denied, suspended, or revoked under this | ||||||
23 | Act (i) within one
year before the date the
person's | ||||||
24 | application for permanent employee registration card
is | ||||||
25 | received by the Department; and (ii) that refusal, denial,
| ||||||
26 | suspension, or revocation was based on any provision of |
| |||||||
| |||||||
1 | this
Act other than Section 40-50,
item (6) or (8) of | ||||||
2 | subsection (a) of Section 15-10, subsection (b) of Section
| ||||||
3 | 15-10, item (6) or (8) of subsection (a) of Section 20-10, | ||||||
4 | subsection (b) of
Section 20-10, item (6) or (8) of | ||||||
5 | subsection (a) of Section 25-10, subsection
(b) of Section | ||||||
6 | 25-10, item (7) of subsection (a) of Section 30-10,
| ||||||
7 | subsection (b) of Section 30-10, or Section 10-40.
| ||||||
8 | (5) Has been declared incompetent by any court
of | ||||||
9 | competent jurisdiction by reason of mental disease or
| ||||||
10 | defect and has not been restored.
| ||||||
11 | (6) Has been dishonorably discharged from the
armed | ||||||
12 | services of the United States.
| ||||||
13 | (b) No person may be employed by a private
detective | ||||||
14 | agency, private security contractor agency, private
alarm | ||||||
15 | contractor agency, fingerprint vendor agency, or locksmith | ||||||
16 | agency under this
Section until he or she has executed and | ||||||
17 | furnished to the
employer, on forms furnished by the | ||||||
18 | Department, a verified
statement to be known as "Employee's | ||||||
19 | Statement" setting forth:
| ||||||
20 | (1) The person's full name, age, and residence
address.
| ||||||
21 | (2) The business or occupation engaged in for
the 5 | ||||||
22 | years immediately before the date of the execution of
the | ||||||
23 | statement, the place where the business or occupation was
| ||||||
24 | engaged in, and the names of employers, if any.
| ||||||
25 | (3) That the person has not had a license or
employee | ||||||
26 | registration denied, revoked, or suspended under this
Act |
| |||||||
| |||||||
1 | (i) within one year before the date the person's | ||||||
2 | application
for permanent employee registration card is | ||||||
3 | received by the
Department; and (ii) that refusal, denial, | ||||||
4 | suspension, or
revocation was based on any provision of | ||||||
5 | this Act other than
Section 40-50,
item (6) or (8) of | ||||||
6 | subsection (a) of Section 15-10, subsection (b) of Section
| ||||||
7 | 15-10, item (6) or (8) of subsection (a) of Section 20-10, | ||||||
8 | subsection (b) of
Section 20-10, item (6) or (8) of | ||||||
9 | subsection (a) of Section 25-10, subsection
(b) of Section | ||||||
10 | 25-10, item (7) of subsection (a) of Section 30-10,
| ||||||
11 | subsection (b) of Section 30-10, or Section 10-40.
| ||||||
12 | (4) Any conviction of a felony or misdemeanor.
| ||||||
13 | (5) Any declaration of incompetence by a court
of | ||||||
14 | competent jurisdiction that has not been restored.
| ||||||
15 | (6) Any dishonorable discharge from the armed
services | ||||||
16 | of the United States.
| ||||||
17 | (7) Any other information as may be required by
any | ||||||
18 | rule of the Department to show the good character,
| ||||||
19 | competency, and integrity of the person executing the
| ||||||
20 | statement.
| ||||||
21 | (c) Each applicant for a permanent employee registration
| ||||||
22 | card shall have his or her fingerprints submitted to the
| ||||||
23 | Department of State Police in an electronic format that
| ||||||
24 | complies with the form and manner for requesting and
furnishing | ||||||
25 | criminal history record information as prescribed
by the | ||||||
26 | Department of State Police. These fingerprints shall
be checked |
| |||||||
| |||||||
1 | against the Department of State Police and Federal
Bureau of | ||||||
2 | Investigation criminal history record databases now
and | ||||||
3 | hereafter filed. The Department of State Police shall
charge | ||||||
4 | applicants a fee for conducting the criminal history
records | ||||||
5 | check, which shall be deposited in the State Police
Services | ||||||
6 | Fund and shall not exceed the actual cost of the
records check. | ||||||
7 | The Department of State Police shall furnish,
pursuant to | ||||||
8 | positive identification, records of Illinois
convictions to | ||||||
9 | the Department. The Department may require
applicants to pay a | ||||||
10 | separate fingerprinting fee, either to the
Department or | ||||||
11 | directly to the vendor. The Department, in
its discretion, may | ||||||
12 | allow an applicant who does not have
reasonable access to a | ||||||
13 | designated vendor to provide his or her
fingerprints in an | ||||||
14 | alternative manner. The
Department, in its discretion, may also | ||||||
15 | use other
procedures in performing or obtaining criminal | ||||||
16 | background
checks of applicants. Instead of submitting his or | ||||||
17 | her
fingerprints, an individual may submit proof that is
| ||||||
18 | satisfactory to the Department that an equivalent security
| ||||||
19 | clearance has been conducted. Also, an individual who has
| ||||||
20 | retired as a peace officer within 12 months of application may
| ||||||
21 | submit verification, on forms provided by the Department and
| ||||||
22 | signed by his or her employer, of his or her previous full-time | ||||||
23 | employment as a
peace officer.
| ||||||
24 | (d) The Department shall issue a permanent employee
| ||||||
25 | registration card, in a form the Department prescribes, to all
| ||||||
26 | qualified applicants.
The holder of a permanent employee |
| |||||||
| |||||||
1 | registration card shall
carry the card at all times while | ||||||
2 | actually engaged in the
performance of the duties of his or her | ||||||
3 | employment.
Expiration and requirements for renewal of | ||||||
4 | permanent employee
registration cards shall be established by | ||||||
5 | rule of the
Department. Possession of a permanent employee | ||||||
6 | registration
card does not in any way imply that the holder of | ||||||
7 | the card is
employed by an agency unless the permanent employee
| ||||||
8 | registration card is accompanied by the employee
| ||||||
9 | identification card required by subsection (f) of this
Section.
| ||||||
10 | (e) Each employer shall maintain a record of each
employee | ||||||
11 | that is accessible to the duly authorized
representatives of | ||||||
12 | the Department. The record shall contain
the following | ||||||
13 | information:
| ||||||
14 | (1) A photograph taken within 10 days of the date
that | ||||||
15 | the employee begins employment with the employer. The
| ||||||
16 | photograph shall be replaced with a current photograph | ||||||
17 | every 3
calendar years.
| ||||||
18 | (2) The Employee's Statement specified in
subsection | ||||||
19 | (b) of this Section.
| ||||||
20 | (3) All correspondence or documents relating to the
| ||||||
21 | character and integrity of the employee received by the
| ||||||
22 | employer from any official source or law enforcement | ||||||
23 | agency.
| ||||||
24 | (4) In the case of former employees, the employee
| ||||||
25 | identification card of that person issued under subsection | ||||||
26 | (f)
of this Section. Each employee record shall duly note |
| |||||||
| |||||||
1 | if the
employee is employed in an armed capacity. Armed | ||||||
2 | employee
files shall contain a copy of an active firearm | ||||||
3 | owner's
identification card and a copy of an active firearm
| ||||||
4 | control card. Each employer shall maintain a record for
| ||||||
5 | each armed employee of each instance in which the | ||||||
6 | employee's
weapon was discharged during the course of his | ||||||
7 | or her
professional duties or activities. The record shall | ||||||
8 | be
maintained on forms provided by the Department, a copy | ||||||
9 | of
which must be filed with the Department within 15 days | ||||||
10 | of an
instance. The record shall include the date and time | ||||||
11 | of the
occurrence, the circumstances involved in the | ||||||
12 | occurrence, and
any other information as the Department may | ||||||
13 | require. Failure
to provide this information to the | ||||||
14 | Department or failure to
maintain the record as a part of | ||||||
15 | each armed employee's
permanent file is grounds for | ||||||
16 | disciplinary action. The
Department, upon receipt of a | ||||||
17 | report, shall have the authority
to make any investigation | ||||||
18 | it considers appropriate into any
occurrence in which an | ||||||
19 | employee's weapon was discharged and to
take disciplinary | ||||||
20 | action as may be appropriate.
| ||||||
21 | (5) A copy of the employee's permanent employee | ||||||
22 | registration card or a copy of the Department's "License | ||||||
23 | Lookup" Webpage showing that the employee has been issued a | ||||||
24 | valid permanent employee registration card by the | ||||||
25 | Department.
| ||||||
26 | The Department may, by rule, prescribe further
record |
| |||||||
| |||||||
1 | requirements.
| ||||||
2 | (f) Every employer shall furnish an employee
| ||||||
3 | identification card to each of his or her employees. This
| ||||||
4 | employee identification card shall contain a recent photograph
| ||||||
5 | of the employee, the employee's name, the name and agency
| ||||||
6 | license number of the employer, the employee's personal
| ||||||
7 | description, the signature of the employer, the signature of
| ||||||
8 | that employee, the date of issuance, and an employee
| ||||||
9 | identification card number.
| ||||||
10 | (g) No employer may issue an employee identification
card | ||||||
11 | to any person who is not employed by the employer in
accordance | ||||||
12 | with this Section or falsely state or represent
that a person | ||||||
13 | is or has been in his or her employ. It is
unlawful for an | ||||||
14 | applicant for registered employment to file
with the Department | ||||||
15 | the fingerprints of a person other than
himself or herself.
| ||||||
16 | (h) Every employer shall obtain the identification card
of | ||||||
17 | every employee who terminates employment with him or her.
| ||||||
18 | (i) Every employer shall maintain a separate roster of
the | ||||||
19 | names of all employees currently working in an armed
capacity | ||||||
20 | and submit the roster to the Department on request.
| ||||||
21 | (j) No agency may employ any person to perform a
licensed | ||||||
22 | activity under this Act unless the person possesses a
valid | ||||||
23 | permanent employee registration card or a valid license
under | ||||||
24 | this Act, or is exempt pursuant to subsection (n).
| ||||||
25 | (k) Notwithstanding the provisions of subsection (j), an
| ||||||
26 | agency may employ a person in a temporary capacity if all of
|
| |||||||
| |||||||
1 | the following conditions are met:
| ||||||
2 | (1) The agency completes in its entirety and
submits to | ||||||
3 | the Department an application for a permanent
employee | ||||||
4 | registration card, including the required fingerprint
| ||||||
5 | receipt and fees.
| ||||||
6 | (2) The agency has verification from the Department
| ||||||
7 | that the applicant has no record of any criminal conviction
| ||||||
8 | pursuant to the criminal history check conducted by the
| ||||||
9 | Department of State Police. The agency shall maintain the
| ||||||
10 | verification of the results of the Department of State | ||||||
11 | Police
criminal history check as part of the employee | ||||||
12 | record as
required under subsection (e) of this Section.
| ||||||
13 | (3) The agency exercises due diligence to ensure
that | ||||||
14 | the person is qualified under the requirements of the Act
| ||||||
15 | to be issued a permanent employee registration card.
| ||||||
16 | (4) The agency maintains a separate roster of the
names | ||||||
17 | of all employees whose applications are currently
pending | ||||||
18 | with the Department and submits the roster to the
| ||||||
19 | Department on a monthly basis. Rosters are to be maintained
| ||||||
20 | by the agency for a period of at least 24 months.
| ||||||
21 | An agency may employ only a permanent employee applicant
| ||||||
22 | for which it either submitted a permanent employee application
| ||||||
23 | and all required forms and fees or it confirms with the
| ||||||
24 | Department that a permanent employee application and all
| ||||||
25 | required forms and fees have been submitted by another agency,
| ||||||
26 | licensee or the permanent employee and all other requirements
|
| |||||||
| |||||||
1 | of this Section are met.
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2 | The Department shall have the authority to revoke,
without | ||||||
3 | a hearing, the temporary authority of an individual to
work | ||||||
4 | upon receipt of Federal Bureau of Investigation
fingerprint | ||||||
5 | data or a report of another official authority
indicating a | ||||||
6 | criminal conviction. If the Department has not
received a | ||||||
7 | temporary employee's Federal Bureau of
Investigation | ||||||
8 | fingerprint data within 120 days of the date the
Department | ||||||
9 | received the Department of State Police fingerprint
data, the | ||||||
10 | Department may, at its discretion, revoke the
employee's | ||||||
11 | temporary authority to work with 15 days written
notice to the | ||||||
12 | individual and the employing agency.
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13 | An agency may not employ a person in a temporary capacity
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14 | if it knows or reasonably should have known that the person
has | ||||||
15 | been convicted of a crime under the laws of this State,
has | ||||||
16 | been convicted in another state of any crime that is a
crime | ||||||
17 | under the laws of this State, has been convicted of any
crime | ||||||
18 | in a federal court, or has been posted as an unapproved
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19 | applicant by the Department. Notice by the Department to the
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20 | agency, via certified mail, personal delivery, electronic
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21 | mail, or posting on the Department's Internet site accessible
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22 | to the agency that the person has been convicted of a crime
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23 | shall be deemed constructive knowledge of the conviction on
the | ||||||
24 | part of the agency. The Department may adopt rules to
implement | ||||||
25 | this
subsection (k).
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26 | (l) No person may be employed under this Section in any
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1 | capacity if:
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2 | (1) the person, while so employed, is being paid by
the | ||||||
3 | United States or any political subdivision for the time so
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4 | employed in addition to any payments he or she may receive
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5 | from the employer; or
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6 | (2) the person wears any portion of his or her
official | ||||||
7 | uniform, emblem of authority, or equipment while so
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8 | employed.
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9 | (m) If information is discovered affecting the
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10 | registration of a person whose fingerprints were submitted
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11 | under this Section, the Department shall so notify the agency
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12 | that submitted the fingerprints on behalf of that person.
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13 | (n) Peace officers shall be exempt from the requirements
of | ||||||
14 | this Section relating to permanent employee registration
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15 | cards. The agency shall remain responsible for any peace
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16 | officer employed under this exemption, regardless of whether
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17 | the peace officer is compensated as an employee or as an
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18 | independent contractor and as further defined by rule.
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19 | (o) Persons who have no access to confidential or
security | ||||||
20 | information, who do not go to a client's or prospective | ||||||
21 | client's residence or place of business, and who otherwise do | ||||||
22 | not provide
traditional security services are exempt from | ||||||
23 | employee
registration. Examples of exempt employees include, | ||||||
24 | but are
not limited to, employees working in the capacity of | ||||||
25 | ushers,
directors, ticket takers, cashiers, drivers, and | ||||||
26 | reception
personnel. Confidential or security information is |
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1 | that which
pertains to employee files, scheduling, client | ||||||
2 | contracts, or
technical security and alarm data.
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3 | (p) An applicant who is 21 years of age or older seeking a | ||||||
4 | religious exemption to the photograph requirement of this | ||||||
5 | Section shall furnish with the application an approved copy of | ||||||
6 | United States Department of the Treasury Internal Revenue | ||||||
7 | Service Form 4029. Regardless of age, an applicant seeking a | ||||||
8 | religious exemption to this photograph requirement shall | ||||||
9 | submit fingerprints in a form and manner prescribed by the | ||||||
10 | Department with his or her application in lieu of a photograph. | ||||||
11 | (Source: P.A. 98-253, eff. 8-9-13.)
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