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Public Act 100-0044


 

Public Act 0044 100TH GENERAL ASSEMBLY

  
  
  

 


 
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    (Section scheduled to be repealed on January 1, 2024)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.

Effective Date: 8/11/2017