HB1772 EnrolledLRB100 05701 SMS 15723 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Private Detective, Private Alarm, Private
5Security, Fingerprint Vendor, and Locksmith Act of 2004 is
6amended by changing Sections 31-10 and 31-15 as follows:
7    (225 ILCS 447/31-10)
8    (Section scheduled to be repealed on January 1, 2024)
9    Sec. 31-10. Qualifications for licensure as a fingerprint
11    (a) A person is qualified for licensure as a fingerprint
12vendor if he or she meets all of the following requirements:
13        (1) Is at least 18 years of age.
14        (2) Has not been convicted of any felony in any
15    jurisdiction or at least 10 years have elapsed since the
16    time of full discharge from a sentence imposed for a felony
17    conviction.
18        (3) Is of good moral character. Good moral character is
19    a continuing requirement of licensure. Conviction of
20    crimes other than felonies may be used in determining moral
21    character, but shall not constitute an absolute bar to
22    licensure, except where the applicant is a registered sex
23    offender.



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1        (4) Has not been declared by any court of competent
2    jurisdiction to be incompetent by reason of mental or
3    physical defect or disease, unless a court has subsequently
4    declared him or her to be competent.
5        (5) Is not suffering from dependence on alcohol or from
6    narcotic addiction or dependence.
7        (6) Has not been dishonorably discharged from the armed
8    forces of the United States.
9        (7) Submits certification issued by the Department of
10    State Police that the applicant has successfully completed
11    a fingerprint vendor training course conducted or
12    authorized by the Department of State Police.
13        (8) Submits his or her fingerprints, in accordance with
14    subsection (b) of this Section.
15        (9) Has not violated any provision of this Act or any
16    rule adopted under this Act.
17        (10) Provides evidence satisfactory to the Department
18    that the applicant has obtained general liability
19    insurance in an amount and with coverage as determined by
20    rule. Failure to maintain general liability insurance and
21    failure to provide the Department with written proof of the
22    insurance, upon request, shall result in cancellation of
23    the license without hearing. A fingerprint vendor employed
24    by a licensed fingerprint vendor agency may provide proof
25    that his or her actions as a fingerprint vendor are covered
26    by the liability insurance of his or her employer.



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1        (11) Pays the required licensure fee.
2        (12) (Blank). Submits certification issued by the
3    Department of State Police that the applicant's
4    fingerprinting equipment and software meets all
5    specifications required by the Department of State Police.
6    Compliance with Department of State Police fingerprinting
7    equipment and software specifications is a continuing
8    requirement for licensure.
9        (13) Submits proof that the applicant maintains a
10    business office located in the State of Illinois.
11        (14) Provides proof of compliance with subsection (e)
12    of Section 31-15 of this Act if the applicant is not
13    required to obtain a fingerprint vendor agency license
14    pursuant to subsection (b) of Section 31-15 of this Act.
15    (b) Each applicant for a fingerprint vendor license shall
16have his or her fingerprints submitted to the Department of
17State Police in an electronic format that complies with the
18form and manner for requesting and furnishing criminal history
19record information as prescribed by the Department of State
20Police. These fingerprints shall be checked against the
21Department of State Police and Federal Bureau of Investigation
22criminal history record databases now and hereafter filed. The
23Department of State Police shall charge applicants a fee for
24conducting the criminal history records check, which shall be
25deposited in the State Police Services Fund and shall not
26exceed the actual cost of the records check. The Department of



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1State Police shall furnish, pursuant to positive
2identification, records of Illinois convictions to the
3Department. The Department may require applicants to pay a
4separate fingerprinting fee, either to the Department or
5directly to the vendor. The Department, in its discretion, may
6allow an applicant who does not have reasonable access to a
7designated vendor to provide his or her fingerprints in an
8alternative manner. The Department, in its discretion, may also
9use other procedures in performing or obtaining criminal
10background checks of applicants. Instead of submitting his or
11her fingerprints, an individual may submit proof that is
12satisfactory to the Department that an equivalent security
13clearance has been conducted. Also, an individual who has
14retired as a peace officer within 12 months of application may
15submit verification, on forms provided by the Department and
16signed by his or her employer, of his or her previous full-time
17employment as a peace officer.
18(Source: P.A. 95-613, eff. 9-11-07.)
19    (225 ILCS 447/31-15)
20    (Section scheduled to be repealed on January 1, 2024)
21    Sec. 31-15. Qualifications for licensure as a fingerprint
22vendor agency.
23    (a) Upon receipt of the required fee, compliance with
24subsection (e) of this Section, and proof that the applicant
25has a full-time Illinois licensed fingerprint vendor



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1licensee-in-charge, which is a continuing requirement for
2agency licensure, the Department may issue a license as a
3fingerprint vendor agency to any of the following:
4        (1) An individual who submits an application and is a
5    licensed fingerprint vendor under this Act.
6        (2) A firm that submits an application and all of the
7    members of the firm are licensed fingerprint vendors under
8    this Act.
9        (3) A corporation or limited liability company doing
10    business in Illinois that is authorized to engage in the
11    business of conducting a fingerprint vendor agency if at
12    least one officer or executive employee is a licensed
13    fingerprint vendor under this Act and all unlicensed
14    officers and directors of the corporation or limited
15    liability company are determined by the Department to be
16    persons of good moral character.
17    (b) An individual licensed as a fingerprint vendor
18operating under a business name other than the licensed
19fingerprint vendor's own name shall not be required to obtain a
20fingerprint vendor agency license if that licensed fingerprint
21vendor does not employ any persons to provide fingerprinting
22services. However, in either circumstance, the individual
23shall comply with the requirements of subsection (e) of this
24Section as a requirement for licensure.
25    (c) No fingerprint vendor may be the licensee-in-charge for
26more than one fingerprint vendor agency. Upon written request



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1by a representative of the agency, within 10 days after the
2loss of a licensee-in-charge of an agency because of the death
3of that individual or because of the termination of the
4employment of that individual, the Department shall issue a
5temporary certificate of authority allowing the continuing
6operation of the licensed agency. No temporary certificate of
7authority shall be valid for more than 90 days. An extension of
8an additional 90 days may be granted upon written request by
9the representative of the agency. Not more than 2 extensions
10may be granted to any agency. No temporary permit shall be
11issued for loss of the licensee-in-charge because of
12disciplinary action by the Department related to his or her
13conduct on behalf of the agency.
14    (d) Upon issuance of the temporary certificate of authority
15as provided for in subsection (c) of this Section and at any
16time thereafter while the temporary certificate of authority is
17in effect, the Department may request in writing additional
18information from the agency regarding the loss of its
19licensee-in-charge, the selection of a new licensee-in-charge,
20and the management of the agency. Failure of the agency to
21respond or respond to the satisfaction of the Department shall
22cause the Department to deny any extension of the temporary
23certificate of authority. While the temporary certificate of
24authority is in effect, the Department may disapprove the
25selection of a new licensee-in-charge by the agency if the
26person's license is not operative or the Department has good



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1cause to believe that the person selected will not fully
2exercise the responsibilities of a licensee-in-charge. If the
3Department has disapproved the selection of a new
4licensee-in-charge and the temporary certificate of authority
5expires or is about to expire without the agency selecting
6another new licensee-in-charge, the Department shall grant an
7extension of the temporary certificate of authority for an
8additional 90 days, except as otherwise prohibited in
9subsection (c) or this subsection (d).
10    (e) An applicant shall submit certification issued by the
11Department of State Police that the applicant's fingerprinting
12equipment and software meets all specifications required by the
13Department of State Police. Compliance with Department of State
14Police fingerprinting equipment and software specifications is
15a continuing requirement for licensure.
16(Source: P.A. 98-253, eff. 8-9-13.)
17    Section 99. Effective date. This Act takes effect upon
18becoming law.