225 ILCS 447/35-30
2021 Illinois Compiled Statutes|Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS|225 ILCS 447/ - Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.|Article 35 - Business Practice Provisions

(Section scheduled to be repealed on January 1, 2024)Sec. 35-30.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, including registration as a sex offender, but not including a traffic offense. Persons convicted of felonies involving bodily harm, weapons, violence, or theft within the previous 10 years shall be presumed to be unfit for registration. 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  Illinois 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 Illinois State Police. These fingerprints shall  be checked against the Illinois State Police and Federal  Bureau of Investigation criminal history record databases now  and hereafter filed. The Illinois 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 Illinois 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) A copy of the employee's permanent employee     registration card or a copy of the Department's "License Lookup" Webpage showing that the employee has been issued a valid permanent employee registration card by the Department.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 Illinois State Police. The agency shall maintain the verification of the results of the Illinois 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 Illinois 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, who do not go to a client's or prospective client's residence or place of business, 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.(p)  An applicant who is 21 years of age or older seeking a religious exemption to the photograph requirement of this Section shall furnish with the application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029. Regardless of age, an applicant seeking a religious exemption to this photograph requirement shall submit fingerprints in a form and manner prescribed by the Department with his or her application in lieu of a photograph. (Source: P.A. 102-538, eff. 8-20-21.)