Full Text of SB2745 94th General Assembly
SB2745eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Regulatory Sunset Act is amended by changing | 5 |
| Section 4.24 as follows:
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| (5 ILCS 80/4.24)
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| Sec. 4.24. Acts repealed on January 1, 2014. The following
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| Acts are repealed
on January 1, 2014:
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| The Electrologist Licensing Act.
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| The Illinois Certified Shorthand Reporters Act of 1984.
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| The Illinois Occupational Therapy Practice Act.
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| The Illinois Public Accounting Act.
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| The Private Detective, Private Alarm, Private Security, | 14 |
| Fingerprint Vendor, and Locksmith Act
of 2004.
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| The Registered Surgical Assistant and Registered Surgical | 16 |
| Technologist
Title Protection Act.
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| The Veterinary Medicine and Surgery Practice Act of 2004.
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| (Source: P.A. 92-457, eff. 8-21-01; 92-750, eff. 1-1-03; | 19 |
| 93-280, eff. 7-1-04;
93-281, eff. 12-31-03; 93-438, eff. | 20 |
| 8-5-03; 93-460, eff. 8-8-03; 93-461, eff.
8-8-03; revised | 21 |
| 10-29-04.)
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| Section 10. The Criminal Identification Act is amended by | 23 |
| changing Section 3.1 as follows:
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| (20 ILCS 2630/3.1) (from Ch. 38, par. 206-3.1)
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| Sec. 3.1. (a) The Department may furnish, pursuant to | 26 |
| positive
identification, records of convictions to the | 27 |
| Department of Professional
Regulation for the purpose of | 28 |
| meeting registration or licensure
requirements under The | 29 |
| Private Detective, Private Alarm, Private Security,
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| Fingerprint Vendor, and Locksmith Act of 2004.
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| (b) The Department may furnish, pursuant to positive | 2 |
| identification,
records of convictions to policing bodies of | 3 |
| this State for the purpose of
assisting local liquor control | 4 |
| commissioners in carrying out their
duty to refuse to issue | 5 |
| licenses to persons specified in paragraphs (4),
(5) and (6) of | 6 |
| Section 6-2 of The Liquor Control Act of 1934.
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| (c) The Department shall charge an application fee, based | 8 |
| on actual
costs, for the dissemination of records pursuant to | 9 |
| this Section. Fees
received for the dissemination of records | 10 |
| pursuant to this Section shall be
deposited in the State Police | 11 |
| Services Fund. The Department is
empowered to establish this | 12 |
| fee and to prescribe the form and manner for
requesting and | 13 |
| furnishing conviction information pursuant to this Section.
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| (d) Any dissemination of any information obtained pursuant | 15 |
| to this
Section to any person not specifically authorized | 16 |
| hereby to receive or use
it for the purpose for which it was | 17 |
| disseminated shall constitute a
violation of Section 7.
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| (Source: P.A. 93-438, eff. 8-5-03.)
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| Section 15. The Service Contract Act is amended by changing | 20 |
| Section 10 as follows:
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| (215 ILCS 152/10)
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| Sec. 10. Exemptions. Service contract providers and | 23 |
| related service
contract sellers and administrators complying | 24 |
| with this Act are not required
to comply with and are not | 25 |
| subject to any provision of the Illinois Insurance
Code. A | 26 |
| service contract provider who is the manufacturer or a | 27 |
| wholly-owned
subsidiary of the manufacturer of the product or | 28 |
| the builder, seller, or
lessor of the product that is the
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| subject of the service contract is required to comply only with | 30 |
| Sections 30,
35, 45, and 50 of this Act; except that, a service | 31 |
| contract provider who sells
a motor vehicle, excluding a | 32 |
| motorcycle as defined in Section 1-147 of the
Illinois Vehicle | 33 |
| Code, or who leases, but is not the manufacturer of, the motor
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| vehicle, excluding a motorcycle as defined in Section 1-147 of |
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| the Illinois
Vehicle Code, that is the subject of the service | 2 |
| contract must comply with this
Act in its entirety. Contracts | 3 |
| for the repair and monitoring of private alarm
or private | 4 |
| security systems regulated under the Private Detective, | 5 |
| Private
Alarm, Private Security, Fingerprint Vendor, and | 6 |
| Locksmith Act of 2004 are not
required to comply
with this Act | 7 |
| and are not subject to any provision of the Illinois Insurance
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| Code.
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| (Source: P.A. 92-16, eff. 6-28-01; 93-438, eff. 8-5-03.)
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| Section 20. The Private Detective, Private Alarm, Private | 11 |
| Security, and
Locksmith Act of 2004 is amended by changing | 12 |
| Sections 5-5, 5-10, and 10-5 and Sections 35-30, 35-35, 40-5, | 13 |
| 40-10, 45-50, 50-10, and 50-25 and by adding Article 31 as | 14 |
| follows:
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| (225 ILCS 447/5-5)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 5-5. Short title; Act supersedes the Private | 18 |
| Detective, Private
Alarm, Private Security, and Locksmith Act | 19 |
| of 1993. This Act may be cited as
the Private Detective, | 20 |
| Private Alarm, Private Security, Fingerprint Vendor, and | 21 |
| Locksmith Act of
2004 and it supersedes the Private Detective, | 22 |
| Private Alarm, Private Security,
and Locksmith Act of 1993 | 23 |
| repealed by this Act.
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| (Source: P.A. 93-438, eff. 8-5-03.)
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| (225 ILCS 447/5-10)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 5-10. Definitions. As used in this Act:
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| "Advertisement" means any printed material that is | 29 |
| published in a phone book,
newspaper, magazine, pamphlet, | 30 |
| newsletter, or other similar type of publication
that is
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| intended to either attract business or merely provide contact | 32 |
| information to
the public for
an agency or licensee. | 33 |
| Advertisement shall include any material disseminated by
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| printed or electronic means or media, but shall not include a | 2 |
| licensee's or an
agency's
letterhead, business cards, or other | 3 |
| stationery used in routine business
correspondence or
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| customary name, address, and number type listings in a | 5 |
| telephone directory.
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| "Alarm system" means any system, including an electronic | 7 |
| access control
system, a
surveillance video system, a security | 8 |
| video system, a burglar alarm system, a
fire alarm
system, or | 9 |
| any other electronic system, that activates an audible, | 10 |
| visible,
remote, or
recorded signal that is designed for the | 11 |
| protection or detection of intrusion,
entry, theft,
fire, | 12 |
| vandalism, escape, or trespass.
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| "Armed employee" means a licensee or registered person who | 14 |
| is employed by an
agency licensed or an armed proprietary | 15 |
| security force registered under this
Act who carries a weapon | 16 |
| while engaged in the
performance
of official duties within the | 17 |
| course and scope of his or her employment during
the hours
and | 18 |
| times the employee is scheduled to work or is commuting between | 19 |
| his or her
home or
place of employment, provided that commuting | 20 |
| is accomplished within one hour
from
departure from home or | 21 |
| place of employment.
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| "Armed proprietary security force" means a security force | 23 |
| made up of 5 or
more
armed individuals employed by a private, | 24 |
| commercial, or industrial operation or
one or
more armed | 25 |
| individuals employed by a financial institution as security | 26 |
| officers
for the
protection of persons or property.
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| "Board" means the Private Detective, Private Alarm, | 28 |
| Private Security, Fingerprint Vendor, and
Locksmith Board.
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| "Branch office" means a business location removed from the | 30 |
| place of business
for which an agency license has been issued, | 31 |
| including but not limited to
locations where active employee | 32 |
| records that are required to be maintained
under this Act are | 33 |
| kept, where prospective new
employees
are processed, or where | 34 |
| members of the public are invited in to transact
business. A
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| branch office does not include an office or other facility | 36 |
| located on the
property of an
existing client that is utilized |
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| solely for the benefit of that client and is
not owned or
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| leased by the agency.
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| "Corporation" means an artificial person or legal entity | 4 |
| created by or under
the
authority of the laws of a state, | 5 |
| including without limitation a corporation,
limited liability | 6 |
| company, or any other legal entity.
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| "Department" means the Department of Professional | 8 |
| Regulation.
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| "Director" means the Director of Professional Regulation.
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| "Employee" means a person who works for a person or agency | 11 |
| that has the
right to
control the details of the work performed | 12 |
| and is not dependent upon whether or
not
federal or state | 13 |
| payroll taxes are withheld.
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| "Fingerprint vendor" means a person that offers, | 15 |
| advertises, or provides services to fingerprint individuals, | 16 |
| through electronic or other means, for the purpose of providing | 17 |
| fingerprint images and associated demographic data to the | 18 |
| Department of State Police for processing fingerprint based | 19 |
| criminal history record information inquiries. | 20 |
| "Fingerprint vendor agency" means a person, firm, | 21 |
| corporation, or other legal entity that engages in the | 22 |
| fingerprint vendor business and employs, in addition to the | 23 |
| fingerprint vendor licensee-in-charge, at least one other | 24 |
| person in conducting that business. | 25 |
| "Fingerprint vendor licensee-in-charge" means a person who | 26 |
| has been designated by a fingerprint vendor agency to be the | 27 |
| licensee-in-charge of an agency who is a full-time management | 28 |
| employee or owner who assumes sole responsibility for | 29 |
| maintaining all records required by this Act and who assumes | 30 |
| sole responsibility for assuring the licensed agency's | 31 |
| compliance with its responsibilities as stated in this Act. The | 32 |
| Department shall adopt rules mandating licensee-in-charge | 33 |
| participation in agency affairs.
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| "Fire alarm system" means any system that is activated by | 35 |
| an automatic or
manual device in the detection of smoke, heat, | 36 |
| or fire that activates an
audible, visible, or
remote signal |
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| requiring a response.
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| "Firearm authorization card" means a card issued by the | 3 |
| Department that
authorizes
the holder to carry a weapon during | 4 |
| the performance of his or her duties as
specified in
this Act.
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| "Firm" means an unincorporated business entity, including | 6 |
| but not limited to
proprietorships and partnerships.
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| "Locksmith" means
a person who engages in a business or | 8 |
| holds himself out to the public as
providing a service that | 9 |
| includes, but is not limited to, the servicing,
installing, | 10 |
| originating first keys, re-coding, repairing, maintaining,
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| manipulating, or bypassing of a mechanical or electronic | 12 |
| locking device, access
control or video surveillance system at | 13 |
| premises, vehicles, safes, vaults, safe
deposit boxes, or | 14 |
| automatic teller machines.
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| "Locksmith agency" means a person, firm, corporation, or | 16 |
| other legal entity
that engages
in the
locksmith business and | 17 |
| employs, in addition to the locksmith
licensee-in-charge, at | 18 |
| least
one other person in conducting such business.
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| "Locksmith licensee-in-charge" means a person who has been | 20 |
| designated by
agency to be the licensee-in-charge of an agency,
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| who is a
full-time management employee or owner who assumes | 22 |
| sole responsibility
for
maintaining all records required by | 23 |
| this Act, and who assumes sole
responsibility for
assuring the | 24 |
| licensed agency's compliance with its responsibilities as | 25 |
| stated
in this Act. The Department shall adopt rules mandating | 26 |
| licensee-in-charge
participation in agency affairs.
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| "Peace officer" or "police officer" means a person who, by | 28 |
| virtue of office
or
public
employment, is vested by law with a | 29 |
| duty to maintain public order or to make
arrests for
offenses, | 30 |
| whether that duty extends to all offenses or is limited to | 31 |
| specific
offenses.
Officers, agents, or employees of the | 32 |
| federal government commissioned by
federal
statute
to make | 33 |
| arrests for violations of federal laws are considered peace | 34 |
| officers.
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| "Permanent employee registration card" means a card issued | 36 |
| by the Department
to an
individual who has applied to the |
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| Department and meets the requirements for
employment by a | 2 |
| licensed agency under this Act.
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| "Person" means a natural person.
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| "Private alarm contractor" means a person who engages in a | 5 |
| business that
individually or through others undertakes, | 6 |
| offers to undertake, purports to
have the
capacity to | 7 |
| undertake, or submits a bid to sell, install, monitor, | 8 |
| maintain,
alter, repair,
replace, or service alarm and other | 9 |
| security-related systems or parts thereof,
including fire
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| alarm systems, at protected premises or premises to be | 11 |
| protected or responds to
alarm
systems at a protected premises | 12 |
| on an emergency basis and not as a full-time
security officer. | 13 |
| "Private alarm contractor" does not include a person, firm,
or
| 14 |
| corporation that
manufactures or sells alarm systems
only from | 15 |
| its place of business and does not sell, install, monitor, | 16 |
| maintain,
alter, repair, replace, service, or respond to alarm | 17 |
| systems at protected
premises or premises to be protected.
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| "Private alarm contractor agency" means a person, | 19 |
| corporation, or other
entity
that
engages in the private alarm | 20 |
| contracting business and employs, in addition to
the private
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| alarm contractor-in-charge, at least one other person in | 22 |
| conducting such
business.
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| "Private alarm contractor licensee-in-charge" means a | 24 |
| person who has been
designated by an
agency to be the | 25 |
| licensee-in-charge of an agency, who is a full-time management
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| employee or owner who
assumes sole
responsibility for | 27 |
| maintaining all records required by this Act, and who
assumes
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| sole
responsibility for assuring the licensed agency's | 29 |
| compliance with its
responsibilities as
stated in this Act.
The | 30 |
| Department shall adopt rules mandating licensee-in-charge | 31 |
| participation in
agency affairs.
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| "Private detective" means any person who by any means, | 33 |
| including but not
limited to manual or electronic methods, | 34 |
| engages in the business of, accepts
employment
to furnish, or | 35 |
| agrees to make or makes investigations for a fee or other
| 36 |
| consideration to
obtain information relating to:
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| (1) Crimes or wrongs done or threatened against the | 2 |
| United States, any
state or
territory of the United States, | 3 |
| or any local government of a state or
territory.
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| (2) The identity, habits, conduct, business | 5 |
| occupation, honesty,
integrity,
credibility, knowledge, | 6 |
| trustworthiness, efficiency, loyalty, activity,
movements, | 7 |
| whereabouts, affiliations, associations, transactions, | 8 |
| acts,
reputation, or character of any person, firm, or | 9 |
| other entity by any means,
manual or electronic.
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| (3) The location, disposition, or recovery of lost or | 11 |
| stolen property.
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| (4) The cause, origin, or responsibility for fires, | 13 |
| accidents, or injuries
to
individuals or real or personal | 14 |
| property.
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| (5) The truth or falsity of any statement or | 16 |
| representation.
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| (6) Securing evidence to be used before any court, | 18 |
| board, or investigating
body.
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| (7) The protection of individuals from bodily harm or | 20 |
| death (bodyguard
functions).
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| (8) Service of process in criminal and civil | 22 |
| proceedings without court
order.
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| "Private detective agency" means a person, firm, | 24 |
| corporation, or other legal
entity that engages
in the
private | 25 |
| detective business and employs, in addition to the | 26 |
| licensee-in-charge,
one or more
persons in conducting such | 27 |
| business.
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| "Private detective licensee-in-charge" means a person who | 29 |
| has been designated
by an agency
to be the licensee-in-charge | 30 |
| of an
agency,
who is a full-time management employee or owner
| 31 |
| who assumes sole
responsibility
for
maintaining all records | 32 |
| required by this Act, and who assumes sole
responsibility
for | 33 |
| assuring
the licensed agency's compliance with its | 34 |
| responsibilities as stated in this
Act. The Department shall | 35 |
| adopt rules mandating licensee-in-charge
participation in | 36 |
| agency affairs.
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| "Private security contractor" means a person who engages in | 2 |
| the business of
providing a private security officer, watchman, | 3 |
| patrol, or a similar service by
any other
title or name on a | 4 |
| contractual basis for another person, firm, corporation, or
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| other entity
for a fee or other consideration and performing | 6 |
| one or more of the following
functions:
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| (1) The prevention or detection of intrusion, entry, | 8 |
| theft, vandalism,
abuse, fire,
or trespass on private or | 9 |
| governmental property.
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| (2) The prevention, observation, or detection of any | 11 |
| unauthorized activity
on
private or governmental property.
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| (3) The protection of persons authorized to be on the | 13 |
| premises of the
person,
firm, or other entity for which the | 14 |
| security contractor contractually provides
security | 15 |
| services.
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| (4) The prevention of the misappropriation or | 17 |
| concealment of goods, money,
bonds, stocks, notes, | 18 |
| documents, or papers.
| 19 |
| (5) The control, regulation, or direction of the | 20 |
| movement of the public
for
the
time specifically required | 21 |
| for the protection of property owned or controlled
by the | 22 |
| client.
| 23 |
| (6) The protection of individuals from bodily harm or | 24 |
| death (bodyguard
functions).
| 25 |
| "Private security contractor agency" means a person, firm, | 26 |
| corporation, or
other legal entity that
engages in
the private | 27 |
| security contractor business and that employs, in addition to | 28 |
| the
licensee-in-charge, one or more persons in conducting such | 29 |
| business.
| 30 |
| "Private security contractor licensee-in-charge" means a | 31 |
| person who has been
designated by an agency to be the
| 32 |
| licensee-in-charge of an
agency, who is a full-time management | 33 |
| employee or owner
who assumes sole responsibility for | 34 |
| maintaining all records required by this
Act, and who
assumes | 35 |
| sole responsibility for assuring the licensed agency's | 36 |
| compliance with
its
responsibilities as
stated in this Act. The |
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| Department shall adopt rules mandating
licensee-in-charge | 2 |
| participation in agency affairs.
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| "Public member" means a person who is not a licensee or | 4 |
| related to a
licensee, or who is not an employer or employee of | 5 |
| a licensee. The term
"related to" shall be determined by the | 6 |
| rules of the Department.
| 7 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 8 |
| (225 ILCS 447/10-5)
| 9 |
| (Section scheduled to be repealed on January 1, 2014)
| 10 |
| Sec. 10-5. Requirement of license.
| 11 |
| (a) It is unlawful for a person to act as or provide the | 12 |
| functions of a
private detective, private security contractor, | 13 |
| private alarm contractor, fingerprint vendor, or
locksmith or | 14 |
| to advertise or to assume to act as any one of these, or to use
| 15 |
| these or any other title implying that the person is engaged in | 16 |
| any of these
activities unless licensed as such by the | 17 |
| Department. An individual or sole
proprietor who does not | 18 |
| employ any employees other than himself or herself may
operate | 19 |
| under a "doing business as" or assumed name certification | 20 |
| without
having to obtain an agency license, so long as the | 21 |
| assumed name is first
registered with the Department.
| 22 |
| (b) It is unlawful for a person, firm, corporation, or | 23 |
| other legal entity
to act as an agency licensed under this Act, | 24 |
| to advertise, or to assume to
act as a licensed agency or to | 25 |
| use a title implying that the person, firm, or
other entity is | 26 |
| engaged in the practice as a private detective agency, private
| 27 |
| security contractor agency, private alarm contractor agency, | 28 |
| fingerprint vendor agency, or locksmith
agency unless licensed | 29 |
| by the Department.
| 30 |
| (c) No agency shall operate a branch office without first | 31 |
| applying for and
receiving a branch office license for each | 32 |
| location.
| 33 |
| (d) It is unlawful for a person to operate live scan | 34 |
| fingerprint equipment or other equipment designed to obtain | 35 |
| fingerprint images for the purpose of providing fingerprint |
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| images and associated demographic data to the Department of | 2 |
| State Police, unless he or she has successfully completed a | 3 |
| fingerprint training course conducted or authorized by the | 4 |
| Department of State Police and is licensed as a fingerprint | 5 |
| vendor.
| 6 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 7 |
| (225 ILCS 447/Art. 31 heading new) | 8 |
| ARTICLE 31. FINGERPRINT VENDORS. | 9 |
| (225 ILCS 447/31-5 new) | 10 |
| (Section scheduled to be repealed on January 1, 2014) | 11 |
| Sec. 31-5. Exemptions. The provisions of this Act regarding | 12 |
| fingerprint vendors do not apply to any of the following, if | 13 |
| the person performing the service does not hold himself or | 14 |
| herself out as a fingerprint vendor or fingerprint vendor | 15 |
| agency: | 16 |
| (1) An employee of the United States, Illinois, or a | 17 |
| political subdivision, including public school districts, | 18 |
| of either while the employee is engaged in the performance | 19 |
| of his or her official duties within the scope of his or | 20 |
| her employment. However, any such person who offers his or | 21 |
| her services as a fingerprint vendor or uses a similar | 22 |
| title when these services are performed for compensation or | 23 |
| other consideration, whether received directly or | 24 |
| indirectly, is subject to this Act. | 25 |
| (2) A person employed exclusively by only one employer | 26 |
| in connection with the exclusive activities of that | 27 |
| employer, provided that person does not hold himself or | 28 |
| herself out to the public as a fingerprint vendor. | 29 |
| (225 ILCS 447/31-10 new) | 30 |
| (Section scheduled to be repealed on January 1, 2014) | 31 |
| Sec. 31-10. Qualifications for licensure as a fingerprint | 32 |
| vendor. | 33 |
| (a) A person is qualified for licensure as a fingerprint |
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| vendor if he or she meets all of the following requirements: | 2 |
| (1) Is at least 18 years of age. | 3 |
| (2) Has not been convicted of any felony in any | 4 |
| jurisdiction or at least 10 years have elapsed since the | 5 |
| time of full discharge from a sentence imposed for a felony | 6 |
| conviction. | 7 |
| (3) Is of good moral character. Good moral character is | 8 |
| a continuing requirement of licensure. Conviction of | 9 |
| crimes other than felonies may be used in determining moral | 10 |
| character, but shall not constitute an absolute bar to | 11 |
| licensure, except where the applicant is a registered sex | 12 |
| offender. | 13 |
| (4) Has not been declared by any court of competent | 14 |
| jurisdiction to be incompetent by reason of mental or | 15 |
| physical defect or disease, unless a court has subsequently | 16 |
| declared him or her to be competent. | 17 |
| (5) Is not suffering from dependence on alcohol or from | 18 |
| narcotic addiction or dependence. | 19 |
| (6) Has not been dishonorably discharged from the armed | 20 |
| forces of the United States. | 21 |
| (7) Submits certification issued by the Department of | 22 |
| State Police that the applicant has successfully completed | 23 |
| a fingerprint vendor training course conducted or | 24 |
| authorized by the Department of State Police. | 25 |
| (8) Submits his or her fingerprints, in accordance with | 26 |
| subsection (b). | 27 |
| (9) Has not violated any provision of this Act or any | 28 |
| rule adopted under this Act. | 29 |
| (10) Provides evidence satisfactory to the Department | 30 |
| that the applicant has obtained general liability | 31 |
| insurance in an amount and with coverage as determined by | 32 |
| rule. Failure to maintain general liability insurance and | 33 |
| failure to provide the Department with written proof of the | 34 |
| insurance, upon request, shall result in cancellation of | 35 |
| the license without hearing. A fingerprint vendor employed | 36 |
| by a licensed fingerprint vendor agency may provide proof |
|
|
|
SB2745 Engrossed |
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LRB094 17391 RAS 52686 b |
|
| 1 |
| that his or her actions as a fingerprint vendor are covered | 2 |
| by the liability insurance of his or her employer. | 3 |
| (11) pays the required licensure fee. | 4 |
| (12) submits certification issued by the Department of | 5 |
| State Police that the applicant's fingerprinting equipment | 6 |
| and software meets all specifications required by the | 7 |
| Department of State Police. Compliance with Department of | 8 |
| State Police fingerprinting equipment and software | 9 |
| specifications is a continuing requirement for licensure. | 10 |
| (13) Submits proof that the applicant maintains a | 11 |
| business office located in the State of Illinois. | 12 |
| (b) Each applicant for a fingerprint vendor license shall | 13 |
| have his or her fingerprints submitted to the Department of | 14 |
| State Police in an electronic format that complies with the | 15 |
| form and manner for requesting and furnishing criminal history | 16 |
| record information as prescribed by the Department of State | 17 |
| Police. These fingerprints shall be checked against the | 18 |
| Department of State Police and Federal Bureau of Investigation | 19 |
| criminal history record databases now and hereafter filed. The | 20 |
| Department of State Police shall charge applicants a fee for | 21 |
| conducting the criminal history records check, which shall be | 22 |
| deposited in the State Police Services Fund and shall not | 23 |
| exceed the actual cost of the records check. The Department of | 24 |
| State Police shall furnish, pursuant to positive | 25 |
| identification, records of Illinois convictions to the | 26 |
| Department. The Department may require applicants to pay a | 27 |
| separate fingerprinting fee, either to the Department or | 28 |
| directly to the vendor. The Department, in its discretion, may | 29 |
| allow an applicant who does not have reasonable access to a | 30 |
| designated vendor to provide his or her fingerprints in an | 31 |
| alternative manner. The Department, in its discretion, may also | 32 |
| use other procedures in performing or obtaining criminal | 33 |
| background checks of applicants. Instead of submitting his or | 34 |
| her fingerprints, an individual may submit proof that is | 35 |
| satisfactory to the Department that an equivalent security | 36 |
| clearance has been conducted. Also, an individual who has |
|
|
|
SB2745 Engrossed |
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LRB094 17391 RAS 52686 b |
|
| 1 |
| retired as a peace officer within 12 months of application may | 2 |
| submit verification, on forms provided by the Department and | 3 |
| signed by his or her employer, of his or her previous full-time | 4 |
| employment as a peace officer.
| 5 |
| (225 ILCS 447/31-15 new) | 6 |
| (Section scheduled to be repealed on January 1, 2014) | 7 |
| Sec. 31-15. Qualifications for licensure as a fingerprint | 8 |
| vendor agency.
| 9 |
| (a) Upon receipt of the required fee and proof that the | 10 |
| applicant is an Illinois licensed fingerprint vendor who shall | 11 |
| assume responsibility for the operation of the agency and the | 12 |
| directed actions of the agency's employees, which is a | 13 |
| continuing requirement for agency licensure, the Department | 14 |
| may issue a license as a fingerprint vendor agency to any of | 15 |
| the following: | 16 |
| (1) An individual who submits an application and is a | 17 |
| licensed fingerprint vendor under this Act. | 18 |
| (2) A firm that submits an application and all of the | 19 |
| members of the firm are licensed fingerprint vendors under | 20 |
| this Act. | 21 |
| (3) A corporation or limited liability company doing | 22 |
| business in Illinois that is authorized by its articles of | 23 |
| incorporation or organization to engage in the business of | 24 |
| conducting a fingerprint vendor agency if at least one | 25 |
| officer or executive employee is a licensed fingerprint | 26 |
| vendor under this Act and all unlicensed officers and | 27 |
| directors of the corporation or limited liability company | 28 |
| are determined by the Department to be persons of good | 29 |
| moral character. | 30 |
| (4) Submits proof that the applicant has successfully | 31 |
| completed a fingerprint vendor course conducted or | 32 |
| authorized by the Department of State Police and that the | 33 |
| applicant's fingerprinting equipment and software meet all | 34 |
| specifications required by the Department of State Police. | 35 |
| (b) An individual licensed as a fingerprint vendor |
|
|
|
SB2745 Engrossed |
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LRB094 17391 RAS 52686 b |
|
| 1 |
| operating under a business name other than the licensed | 2 |
| fingerprint vendor's own name shall not be required to obtain a | 3 |
| fingerprint vendor agency license if that licensed fingerprint | 4 |
| vendor does not employ any persons to provide fingerprinting | 5 |
| services. | 6 |
| (c) No fingerprint vendor may be the fingerprint vendor | 7 |
| licensee-in-charge for more than one fingerprint vendor | 8 |
| agency. Upon written request by a representative of the agency, | 9 |
| within 10 days after the loss of a fingerprint vendor | 10 |
| licensee-in-charge of an agency because of the death of that | 11 |
| individual or because of the termination of the employment of | 12 |
| that individual, the Department shall issue a temporary | 13 |
| certificate of authority allowing the continuing operation of | 14 |
| the licensed agency. No temporary certificate of authority | 15 |
| shall be valid for more than 90 days. An extension of an | 16 |
| additional 90 days may be granted upon written request by the | 17 |
| representative of the agency. Not more than one extension may | 18 |
| be granted to any agency. No temporary permit shall be issued | 19 |
| for loss of the licensee-in-charge because of disciplinary | 20 |
| action by the Department related to his or her conduct on | 21 |
| behalf of the agency. | 22 |
| (225 ILCS 447/31-20 new) | 23 |
| (Section scheduled to be repealed on January 1, 2014) | 24 |
| Sec. 31-20. Training; fingerprint vendor and employees.
| 25 |
| (a) Registered employees of a licensed Fingerprint Vendor | 26 |
| agency shall complete a minimum of 20 hours of training | 27 |
| provided by a qualified instructor within 31 days of their | 28 |
| employment. The substance of the training shall be prescribed | 29 |
| by rule. | 30 |
| (b) It is the responsibility of the employer to certify, on | 31 |
| a form provided by the Department, that the employee has | 32 |
| successfully completed the training. The form shall be a | 33 |
| permanent record of training completed by the employee and | 34 |
| shall be placed in the employee's file with the employer for | 35 |
| the period the employee remains with the employer. An agency |
|
|
|
SB2745 Engrossed |
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LRB094 17391 RAS 52686 b |
|
| 1 |
| may place a notarized copy of the Department form, in lieu of | 2 |
| the original, into the permanent employee registration card | 3 |
| file. The original form shall be given to the employee when his | 4 |
| or her employment is terminated. Failure to return the original | 5 |
| form to the employee is grounds for disciplinary action. The | 6 |
| employee shall not be required to repeat the required training | 7 |
| once the employee has been issued the form. An employer may | 8 |
| provide or require additional training. | 9 |
| (c) Any certification of completion of the 20-hour basic | 10 |
| training issued under the Private Detective, Private Alarm, | 11 |
| Private Security, and Locksmith Act of 2004 or any prior Act | 12 |
| shall be accepted as proof of training under this Act. | 13 |
| (d) No registered employee of a licensed fingerprint vendor | 14 |
| agency may operate live scan fingerprint equipment or other | 15 |
| equipment designed to obtain fingerprint images for the purpose | 16 |
| of providing fingerprint images and associated demographic | 17 |
| data to the Department of State Police. | 18 |
| (225 ILCS 447/31-25 new) | 19 |
| (Section scheduled to be repealed on January 1, 2014) | 20 |
| Sec. 31-25. Customer identification; record keeping. A | 21 |
| fingerprint vendor or fingerprint vendor agency shall document | 22 |
| in the form of a work order when and where each and every | 23 |
| fingerprint service is provided. The work order shall also | 24 |
| include the name, address, date of birth, telephone number, and | 25 |
| driver's license number or other identification number of the | 26 |
| person requesting the service to be done, the signature of that | 27 |
| person, the routing number and any other information or | 28 |
| documentation as provided by rule. All work orders shall be | 29 |
| kept by the licensed fingerprint vendor for a period of 2 years | 30 |
| from the date of service and shall include the name and license | 31 |
| number of the fingerprint vendor and, if applicable, the name | 32 |
| and identification number of the registered employee who | 33 |
| performed the services. Work order forms required to be kept | 34 |
| under this Section shall be available for inspection by the | 35 |
| Department or by the Department of State Police. |
|
|
|
SB2745 Engrossed |
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LRB094 17391 RAS 52686 b |
|
| 1 |
| (225 ILCS 447/31-30 new) | 2 |
| (Section scheduled to be repealed on January 1, 2014) | 3 |
| Sec. 31-30. Restrictions on firearms. | 4 |
| (a) Nothing in the Act or the rules adopted under this Act | 5 |
| shall authorize a person licensed as a fingerprint vendor or | 6 |
| any employee of a licensed fingerprint vendor agency to possess | 7 |
| or carry a firearm in the course of providing fingerprinting | 8 |
| services. | 9 |
| (b) Nothing in this Act or the rules adopted under this Act | 10 |
| shall grant or authorize the issuance of a firearm | 11 |
| authorization card to a fingerprint vendor or any employee of a | 12 |
| licensed fingerprint vendor agency.
| 13 |
| (225 ILCS 447/35-30)
| 14 |
| (Section scheduled to be repealed on January 1, 2014)
| 15 |
| Sec. 35-30. Employee requirements. All employees of a
| 16 |
| licensed agency, other than those exempted, shall apply for a
| 17 |
| permanent employee registration card. The holder of an agency
| 18 |
| license issued under this Act, known in this Section as
| 19 |
| "employer", may employ in the conduct of his or her business
| 20 |
| employees under the following provisions:
| 21 |
| (a)
(1) No person shall be issued a permanent employee
| 22 |
| registration card who:
| 23 |
| (1)
(A) Is younger than 18 years of age.
| 24 |
| (2)
(B) Is younger than 21 years of age if the
services | 25 |
| will include being armed.
| 26 |
| (3)
(C) Has been determined by the Department to
be | 27 |
| unfit by reason of conviction of an offense in this or
| 28 |
| another state, other than a traffic offense. The Department
| 29 |
| shall adopt rules for making those determinations that | 30 |
| shall
afford the applicant due process of law.
| 31 |
| (4)
(D) Has had a license or permanent employee
| 32 |
| registration card denied, suspended, or revoked under this | 33 |
| Act (i) within one
year before the date the
person's | 34 |
| application for permanent employee registration card
is |
|
|
|
SB2745 Engrossed |
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LRB094 17391 RAS 52686 b |
|
| 1 |
| received by the Department; and (ii) that refusal, denial,
| 2 |
| suspension, or revocation was based on any provision of | 3 |
| this
Act other than Section 40-50,
item (6) or (8) of | 4 |
| subsection (a) of Section 15-10, subsection (b) of Section
| 5 |
| 15-10, item (6) or (8) of subsection (a) of Section 20-10, | 6 |
| subsection (b) of
Section 20-10, item (6) or (8) of | 7 |
| subsection (a) of Section 25-10, subsection
(b) of Section | 8 |
| 25-10, item (7) of subsection (a) of Section 30-10,
| 9 |
| subsection (b) of Section 30-10, or Section 10-40.
| 10 |
| (5)
(E) Has been declared incompetent by any court
of | 11 |
| competent jurisdiction by reason of mental disease or
| 12 |
| defect and has not been restored.
| 13 |
| (6)
(F) Has been dishonorably discharged from the
armed | 14 |
| services of the United States.
| 15 |
| (b)
(2) No person may be employed by a private
detective | 16 |
| agency, private security contractor agency, private
alarm | 17 |
| contractor agency, fingerprint vendor agency, or locksmith | 18 |
| agency under this
Section until he or she has executed and | 19 |
| furnished to the
employer, on forms furnished by the | 20 |
| Department, a verified
statement to be known as "Employee's | 21 |
| Statement" setting forth:
| 22 |
| (1)
(A) The person's full name, age, and residence
| 23 |
| address.
| 24 |
| (2)
(B) The business or occupation engaged in for
the 5 | 25 |
| years immediately before the date of the execution of
the | 26 |
| statement, the place where the business or occupation was
| 27 |
| engaged in, and the names of employers, if any.
| 28 |
| (3)
(C) That the person has not had a license or
| 29 |
| employee registration denied, revoked, or suspended under | 30 |
| this
Act (i) within one year before the date the person's | 31 |
| application
for permanent employee registration card is | 32 |
| received by the
Department; and (ii) that refusal, denial, | 33 |
| suspension, or
revocation was based on any provision of | 34 |
| this Act other than
Section 40-50,
item (6) or (8) of | 35 |
| subsection (a) of Section 15-10, subsection (b) of Section
| 36 |
| 15-10, item (6) or (8) of subsection (a) of Section 20-10, |
|
|
|
SB2745 Engrossed |
- 19 - |
LRB094 17391 RAS 52686 b |
|
| 1 |
| subsection (b) of
Section 20-10, item (6) or (8) of | 2 |
| subsection (a) of Section 25-10, subsection
(b) of Section | 3 |
| 25-10, item (7) of subsection (a) of Section 30-10,
| 4 |
| subsection (b) of Section 30-10, or Section 10-40.
| 5 |
| (4)
(D) Any conviction of a felony or misdemeanor.
| 6 |
| (5)
(E) Any declaration of incompetence by a court
of | 7 |
| competent jurisdiction that has not been restored.
| 8 |
| (6)
(F) Any dishonorable discharge from the armed
| 9 |
| services of the United States.
| 10 |
| (7)
(G) Any other information as may be required by
any | 11 |
| rule of the Department to show the good character,
| 12 |
| competency, and integrity of the person executing the
| 13 |
| statement.
| 14 |
| (c) Each applicant for a permanent employee registration
| 15 |
| card shall have his or her fingerprints submitted to the
| 16 |
| Department of State Police in an electronic format that
| 17 |
| complies with the form and manner for requesting and
furnishing | 18 |
| criminal history record information as prescribed
by the | 19 |
| Department of State Police. These fingerprints shall
be checked | 20 |
| against the Department of State Police and Federal
Bureau of | 21 |
| Investigation criminal history record databases now
and | 22 |
| hereafter filed. The Department of State Police shall
charge | 23 |
| applicants a fee for conducting the criminal history
records | 24 |
| check, which shall be deposited in the State Police
Services | 25 |
| Fund and shall not exceed the actual cost of the
records check. | 26 |
| The Department of State Police shall furnish,
pursuant to | 27 |
| positive identification, records of Illinois
convictions to | 28 |
| the Department. The Department may require
applicants to pay a | 29 |
| separate fingerprinting fee, either to the
Department or | 30 |
| directly to the vendor. The Department, in
its discretion, may | 31 |
| allow an applicant who does not have
reasonable access to a | 32 |
| designated vendor to provide his or her
fingerprints in an | 33 |
| alternative manner. The
Department, in its discretion, may also | 34 |
| use other
procedures in performing or obtaining criminal | 35 |
| background
checks of applicants. Instead of submitting his or | 36 |
| her
fingerprints, an individual may submit proof that is
|
|
|
|
SB2745 Engrossed |
- 20 - |
LRB094 17391 RAS 52686 b |
|
| 1 |
| satisfactory to the Department that an equivalent security
| 2 |
| clearance has been conducted. Also, an individual who has
| 3 |
| retired as a peace officer within 12 months of application may
| 4 |
| submit verification, on forms provided by the Department and
| 5 |
| signed by his or her employer, of his or her previous full-time | 6 |
| employment as a
peace officer.
| 7 |
| (d) The Department shall issue a permanent employee
| 8 |
| registration card, in a form the Department prescribes, to all
| 9 |
| qualified applicants.
The holder of a permanent employee | 10 |
| registration card shall
carry the card at all times while | 11 |
| actually engaged in the
performance of the duties of his or her | 12 |
| employment.
Expiration and requirements for renewal of | 13 |
| permanent employee
registration cards shall be established by | 14 |
| rule of the
Department. Possession of a permanent employee | 15 |
| registration
card does not in any way imply that the holder of | 16 |
| the card is
employed by an agency unless the permanent employee
| 17 |
| registration card is accompanied by the employee
| 18 |
| identification card required by subsection (f) of this
Section.
| 19 |
| (e) Each employer shall maintain a record of each
employee | 20 |
| that is accessible to the duly authorized
representatives of | 21 |
| the Department. The record shall contain
the following | 22 |
| information:
| 23 |
| (1) A photograph taken within 10 days of the date
that | 24 |
| the employee begins employment with the employer. The
| 25 |
| photograph shall be replaced with a current photograph | 26 |
| every 3
calendar years.
| 27 |
| (2) The Employee's Statement specified in
subsection | 28 |
| (b) of this Section.
| 29 |
| (3) All correspondence or documents relating to the
| 30 |
| character and integrity of the employee received by the
| 31 |
| employer from any official source or law enforcement | 32 |
| agency.
| 33 |
| (4) In the case of former employees, the employee
| 34 |
| identification card of that person issued under subsection | 35 |
| (f)
of this Section. Each employee record shall duly note | 36 |
| if the
employee is employed in an armed capacity. Armed |
|
|
|
SB2745 Engrossed |
- 21 - |
LRB094 17391 RAS 52686 b |
|
| 1 |
| employee
files shall contain a copy of an active firearm | 2 |
| owner's
identification card and a copy of an active firearm
| 3 |
| authorization card. Each employer shall maintain a record | 4 |
| for
each armed employee of each instance in which the | 5 |
| employee's
weapon was discharged during the course of his | 6 |
| or her
professional duties or activities. The record shall | 7 |
| be
maintained on forms provided by the Department, a copy | 8 |
| of
which must be filed with the Department within 15 days | 9 |
| of an
instance. The record shall include the date and time | 10 |
| of the
occurrence, the circumstances involved in the | 11 |
| occurrence, and
any other information as the Department may | 12 |
| require. Failure
to provide this information to the | 13 |
| Department or failure to
maintain the record as a part of | 14 |
| each armed employee's
permanent file is grounds for | 15 |
| disciplinary action. The
Department, upon receipt of a | 16 |
| report, shall have the authority
to make any investigation | 17 |
| it considers appropriate into any
occurrence in which an | 18 |
| employee's weapon was discharged and to
take disciplinary | 19 |
| action as may be appropriate.
| 20 |
| (5) The Department may, by rule, prescribe further
| 21 |
| record requirements.
| 22 |
| (f) Every employer shall furnish an employee
| 23 |
| identification card to each of his or her employees. This
| 24 |
| employee identification card shall contain a recent photograph
| 25 |
| of the employee, the employee's name, the name and agency
| 26 |
| license number of the employer, the employee's personal
| 27 |
| description, the signature of the employer, the signature of
| 28 |
| that employee, the date of issuance, and an employee
| 29 |
| identification card number.
| 30 |
| (g) No employer may issue an employee identification
card | 31 |
| to any person who is not employed by the employer in
accordance | 32 |
| with this Section or falsely state or represent
that a person | 33 |
| is or has been in his or her employ. It is
unlawful for an | 34 |
| applicant for registered employment to file
with the Department | 35 |
| the fingerprints of a person other than
himself or herself.
| 36 |
| (h) Every employer shall obtain the identification card
of |
|
|
|
SB2745 Engrossed |
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LRB094 17391 RAS 52686 b |
|
| 1 |
| every employee who terminates employment with him or her.
| 2 |
| (i) Every employer shall maintain a separate roster of
the | 3 |
| names of all employees currently working in an armed
capacity | 4 |
| and submit the roster to the Department on request.
| 5 |
| (j) No agency may employ any person to perform a
licensed | 6 |
| activity under this Act unless the person possesses a
valid | 7 |
| permanent employee registration card or a valid license
under | 8 |
| this Act, or is exempt pursuant to subsection (n).
| 9 |
| (k) Notwithstanding the provisions of subsection (j), an
| 10 |
| agency may employ a person in a temporary capacity if all of
| 11 |
| the following conditions are met:
| 12 |
| (1) The agency completes in its entirety and
submits to | 13 |
| the Department an application for a permanent
employee | 14 |
| registration card, including the required fingerprint
| 15 |
| receipt and fees.
| 16 |
| (2) The agency has verification from the Department
| 17 |
| that the applicant has no record of any criminal conviction
| 18 |
| pursuant to the criminal history check conducted by the
| 19 |
| Department of State Police. The agency shall maintain the
| 20 |
| verification of the results of the Department of State | 21 |
| Police
criminal history check as part of the employee | 22 |
| record as
required under subsection (e) of this Section.
| 23 |
| (3) The agency exercises due diligence to ensure
that | 24 |
| the person is qualified under the requirements of the Act
| 25 |
| to be issued a permanent employee registration card.
| 26 |
| (4) The agency maintains a separate roster of the
names | 27 |
| of all employees whose applications are currently
pending | 28 |
| with the Department and submits the roster to the
| 29 |
| Department on a monthly basis. Rosters are to be maintained
| 30 |
| by the agency for a period of at least 24 months.
| 31 |
| An agency may employ only a permanent employee applicant
| 32 |
| for which it either submitted a permanent employee application
| 33 |
| and all required forms and fees or it confirms with the
| 34 |
| Department that a permanent employee application and all
| 35 |
| required forms and fees have been submitted by another agency,
| 36 |
| licensee or the permanent employee and all other requirements
|
|
|
|
SB2745 Engrossed |
- 23 - |
LRB094 17391 RAS 52686 b |
|
| 1 |
| of this Section are met.
| 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.
| 13 |
| An agency may not employ a person in a temporary capacity
| 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
| 19 |
| applicant by the Department. Notice by the Department to the
| 20 |
| agency, via certified mail, personal delivery, electronic
| 21 |
| mail, or posting on the Department's Internet site accessible
| 22 |
| to the agency that the person has been convicted of a crime
| 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).
| 26 |
| (l) No person may be employed under this Section in any
| 27 |
| capacity if:
| 28 |
| (1) the person, while so employed, is being paid by
the | 29 |
| United States or any political subdivision for the time so
| 30 |
| employed in addition to any payments he or she may receive
| 31 |
| from the employer; or
| 32 |
| (2) the person wears any portion of his or her
official | 33 |
| uniform, emblem of authority, or equipment while so
| 34 |
| employed.
| 35 |
| (m) If information is discovered affecting the
| 36 |
| registration of a person whose fingerprints were submitted
|
|
|
|
SB2745 Engrossed |
- 24 - |
LRB094 17391 RAS 52686 b |
|
| 1 |
| under this Section, the Department shall so notify the agency
| 2 |
| that submitted the fingerprints on behalf of that person.
| 3 |
| (n) Peace officers shall be exempt from the requirements
of | 4 |
| this Section relating to permanent employee registration
| 5 |
| cards. The agency shall remain responsible for any peace
| 6 |
| officer employed under this exemption, regardless of whether
| 7 |
| the peace officer is compensated as an employee or as an
| 8 |
| independent contractor and as further defined by rule.
| 9 |
| (o) Persons who have no access to confidential or
security | 10 |
| information and who otherwise do not provide
traditional | 11 |
| security services are exempt from employee
registration. | 12 |
| Examples of exempt employees include, but are
not limited to, | 13 |
| employees working in the capacity of ushers,
directors, ticket | 14 |
| takers, cashiers, drivers, and reception
personnel. | 15 |
| Confidential or security information is that which
pertains to | 16 |
| employee files, scheduling, client contracts, or
technical | 17 |
| security and alarm data.
| 18 |
| (Source: P.A. 93-438, eff. 8-5-03; revised 10-18-05.)
| 19 |
| (225 ILCS 447/35-35)
| 20 |
| (Section scheduled to be repealed on January 1, 2014)
| 21 |
| Sec. 35-35. Requirement of a firearm authorization card.
| 22 |
| (a) No person shall perform duties that include the use,
| 23 |
| carrying, or possession of a firearm in the performance of
| 24 |
| those duties without complying with the provisions of this
| 25 |
| Section and having been issued a valid firearm authorization
| 26 |
| card by the Department.
| 27 |
| (b) No employer shall employ any person to perform the
| 28 |
| duties for which employee registration is required and allow
| 29 |
| that person to carry a firearm unless that person has complied
| 30 |
| with all the firearm training requirements of this Section and
| 31 |
| has been issued a firearm authorization card. This Act
permits | 32 |
| only the following to carry firearms while actually
engaged in | 33 |
| the performance of their duties or while commuting
directly to | 34 |
| or from their places of employment: persons
licensed as private | 35 |
| detectives and their registered employees;
persons licensed as |
|
|
|
SB2745 Engrossed |
- 25 - |
LRB094 17391 RAS 52686 b |
|
| 1 |
| private security contractors and their
registered employees; | 2 |
| persons licensed as private alarm
contractors and their | 3 |
| registered employees; and employees of a
registered armed | 4 |
| proprietary security force.
| 5 |
| (c) Possession of a valid firearm authorization card
allows | 6 |
| an employee to carry a firearm not otherwise prohibited
by law | 7 |
| while the employee is engaged in the performance of his
or her | 8 |
| duties or while the employee is commuting directly to
or from | 9 |
| the employee's place or places of employment, provided
that | 10 |
| this is accomplished within one hour from departure from
home | 11 |
| or place of employment.
| 12 |
| (d) The Department shall issue a firearm authorization
card | 13 |
| to a person who has passed an approved firearm training
course, | 14 |
| who is currently employed by an agency licensed by
this Act and | 15 |
| has met all the requirements of this Act, and who
possesses a | 16 |
| valid firearm owner identification card.
Application for the | 17 |
| firearm authorization card shall be made
by the employer to the | 18 |
| Department on forms provided by the
Department. The Department | 19 |
| shall forward the card to the
employer who shall be responsible | 20 |
| for its issuance to the
employee. The firearm authorization | 21 |
| card shall be issued by
the Department and shall identify the | 22 |
| person holding it and
the name of the course where the employee | 23 |
| received firearm
instruction and shall specify the type of | 24 |
| weapon or weapons
the person is authorized by the Department to | 25 |
| carry and for
which the person has been trained.
| 26 |
| (e) Expiration and requirements for renewal of firearm
| 27 |
| authorization cards shall be determined by rule.
| 28 |
| (f) The Department may, in addition to any other
| 29 |
| disciplinary action permitted by this Act, refuse to issue,
| 30 |
| suspend, or revoke a firearm authorization card if the
| 31 |
| applicant or holder has been convicted of any felony or crime
| 32 |
| involving the illegal use, carrying, or possession of a deadly
| 33 |
| weapon or for a violation of this Act or rules promulgated
| 34 |
| under this Act. The Department shall refuse to issue or shall
| 35 |
| revoke a firearm authorization card if the applicant or holder
| 36 |
| fails to possess a valid firearm owners identification card.
|
|
|
|
SB2745 Engrossed |
- 26 - |
LRB094 17391 RAS 52686 b |
|
| 1 |
| The Director shall summarily suspend a firearm authorization
| 2 |
| card if the Director finds that its continued use would
| 3 |
| constitute an imminent danger to the public. A hearing shall
be | 4 |
| held before the Board within 30 days if the Director
summarily | 5 |
| suspends a firearm authorization card.
| 6 |
| (g) Notwithstanding any other provision of this Act to the
| 7 |
| contrary, all requirements relating to firearms authorization
| 8 |
| cards do not apply to a peace officer.
| 9 |
| (h) The Department shall not issue a firearm authorization | 10 |
| card to employees of a licensed fingerprint vendor agency.
| 11 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 12 |
| (225 ILCS 447/40-5)
| 13 |
| (Section scheduled to be repealed on January 1, 2014)
| 14 |
| Sec. 40-5. Injunctive relief. The practice of a private
| 15 |
| detective, private security contractor, private alarm
| 16 |
| contractor, fingerprint vendor agency, locksmith, private | 17 |
| detective agency, private
security contractor agency, private | 18 |
| alarm contractor agency,
fingerprint vendor agency, or | 19 |
| locksmith agency by any person, firm, corporation, or other
| 20 |
| legal entity that has not been issued a license by the
| 21 |
| Department or whose license has been suspended, revoked, or
not | 22 |
| renewed is hereby declared to be inimical to the public
safety | 23 |
| and welfare and to constitute a public nuisance. The
Director, | 24 |
| through the Attorney General, the State's Attorney
of any | 25 |
| county, any resident of the State, or any legal entity
within | 26 |
| the State may apply for injunctive relief in any court
to | 27 |
| enjoin any person, firm, or other entity that has not been
| 28 |
| issued a license or whose license has been suspended, revoked,
| 29 |
| or not renewed from conducting a licensed activity. Upon the
| 30 |
| filing of a verified petition in court, if satisfied by
| 31 |
| affidavit or otherwise that the person, firm, corporation, or
| 32 |
| other legal entity is or has been conducting activities in
| 33 |
| violation of this Act, the court may enter a temporary
| 34 |
| restraining order or preliminary injunction, without bond,
| 35 |
| enjoining the defendant from further activity. A copy of the
|
|
|
|
SB2745 Engrossed |
- 27 - |
LRB094 17391 RAS 52686 b |
|
| 1 |
| verified complaint shall be served upon the defendant and the
| 2 |
| proceedings shall be conducted as in civil cases. If it is
| 3 |
| established the defendant has been or is conducting activities
| 4 |
| in violation of this Act, the court may enter a judgment
| 5 |
| enjoining the defendant from that activity. In case of
| 6 |
| violation of any injunctive order or judgment entered under
| 7 |
| this Section, the court may punish the offender for contempt
of | 8 |
| court. Injunctive proceedings shall be in addition to all
other | 9 |
| penalties under this Act.
| 10 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 11 |
| (225 ILCS 447/40-10)
| 12 |
| (Section scheduled to be repealed on January 1, 2014)
| 13 |
| Sec. 40-10. Disciplinary sanctions.
| 14 |
| (a) The Department may deny issuance, refuse to renew,
or | 15 |
| restore or may reprimand, place on probation, suspend, or
| 16 |
| revoke any license, registration, permanent employee
| 17 |
| registration card, or firearm authorization card, and it may
| 18 |
| impose a fine not to exceed $1,500 for a first violation and
| 19 |
| not to exceed $5,000 for a second or subsequent violation for
| 20 |
| any of the following:
| 21 |
| (1) Fraud or deception in obtaining or renewing of
a | 22 |
| license or registration.
| 23 |
| (2) Professional incompetence as manifested by poor
| 24 |
| standards of service.
| 25 |
| (3) Engaging in dishonorable, unethical, or
| 26 |
| unprofessional conduct of a character likely to deceive,
| 27 |
| defraud, or harm the public.
| 28 |
| (4) Conviction in Illinois or another state of any
| 29 |
| crime that is a felony under the laws of Illinois; a felony | 30 |
| in
a federal court; a misdemeanor, an essential element of | 31 |
| which
is dishonesty; or directly related to professional | 32 |
| practice.
| 33 |
| (5) Performing any services in a grossly negligent
| 34 |
| manner or permitting any of a licensee's employees to | 35 |
| perform
services in a grossly negligent manner, regardless |
|
|
|
SB2745 Engrossed |
- 28 - |
LRB094 17391 RAS 52686 b |
|
| 1 |
| of whether
actual damage to the public is established.
| 2 |
| (6) Continued practice, although the person
has become | 3 |
| unfit to practice due to any of the
following:
| 4 |
| (A) Physical illness, including, but not
limited | 5 |
| to, deterioration through the aging process or loss of
| 6 |
| motor skills that results in the inability to serve the | 7 |
| public
with reasonable judgment, skill, or safety.
| 8 |
| (B) Mental disability demonstrated by the
entry of | 9 |
| an order or judgment by a court that a
person is in | 10 |
| need of mental treatment or is incompetent.
| 11 |
| (C) Addiction to or dependency on alcohol or
drugs | 12 |
| that is likely to endanger the public. If the
| 13 |
| Department has reasonable cause to believe that a | 14 |
| person is
addicted to or dependent on alcohol or drugs | 15 |
| that
may endanger the public, the Department may | 16 |
| require the
person to undergo an examination to | 17 |
| determine the
extent of the addiction or dependency.
| 18 |
| (7) Receiving, directly or indirectly, compensation
| 19 |
| for any services not rendered.
| 20 |
| (8) Willfully deceiving or defrauding the public on
a | 21 |
| material matter.
| 22 |
| (9) Failing to account for or remit any moneys or
| 23 |
| documents coming into the licensee's possession that
| 24 |
| belong to another person or entity.
| 25 |
| (10) Discipline by another United States
jurisdiction | 26 |
| or foreign nation, if at least one of the grounds
for the | 27 |
| discipline is the same or substantially equivalent to
those | 28 |
| set forth in this Act.
| 29 |
| (11) Giving differential treatment to a person that
is | 30 |
| to that person's detriment because of race, color, creed,
| 31 |
| sex, religion, or national origin.
| 32 |
| (12) Engaging in false or misleading advertising.
| 33 |
| (13) Aiding, assisting, or willingly permitting
| 34 |
| another person to violate this Act or rules promulgated | 35 |
| under
it.
| 36 |
| (14) Performing and charging for services without
|
|
|
|
SB2745 Engrossed |
- 29 - |
LRB094 17391 RAS 52686 b |
|
| 1 |
| authorization to do so from the person or entity serviced.
| 2 |
| (15) Directly or indirectly offering or accepting
any | 3 |
| benefit to or from any employee, agent, or fiduciary
| 4 |
| without the consent of the latter's employer or principal | 5 |
| with
intent to or the understanding that this action will | 6 |
| influence
his or her conduct in relation to his or her | 7 |
| employer's or
principal's affairs.
| 8 |
| (16) Violation of any disciplinary order imposed on
a | 9 |
| licensee by the Department.
| 10 |
| (17) Failing to comply with any provision of this
Act | 11 |
| or rule promulgated under it.
| 12 |
| (18) Conducting an agency without a valid license.
| 13 |
| (19) Revealing confidential information, except as
| 14 |
| required by law, including but not limited to information
| 15 |
| available under Section 2-123 of the Illinois Vehicle Code.
| 16 |
| (20) Failing to make available to the Department,
upon | 17 |
| request, any books, records, or forms required by this
Act.
| 18 |
| (21) Failing, within 30 days, to respond to a
written | 19 |
| request for information from the Department.
| 20 |
| (22) Failing to provide employment information or
| 21 |
| experience information required by the Department | 22 |
| regarding an
applicant for licensure.
| 23 |
| (23) Failing to make available to the Department at
the | 24 |
| time of the request any indicia of licensure or
| 25 |
| registration issued under this Act.
| 26 |
| (24) Purporting to be a licensee-in-charge of an
agency | 27 |
| without active participation in the agency.
| 28 |
| (b) The Department shall seek to be consistent in the
| 29 |
| application of disciplinary sanctions.
| 30 |
| (c) The Department shall adopt rules that set forth | 31 |
| standards of service for the following:
(i) acceptable error | 32 |
| rate in the transmission of fingerprint images and other data | 33 |
| to the Department of State Police;
(ii) acceptable error rate | 34 |
| in the collection and documentation of information used to | 35 |
| generate
fingerprint work orders;
and (iii) any other standard | 36 |
| of service that affects fingerprinting services as determined |
|
|
|
SB2745 Engrossed |
- 30 - |
LRB094 17391 RAS 52686 b |
|
| 1 |
| by the
Department.
| 2 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 3 |
| (225 ILCS 447/45-50)
| 4 |
| (Section scheduled to be repealed on January 1, 2014)
| 5 |
| Sec. 45-50. Unlicensed practice; fraud in obtaining a
| 6 |
| license.
| 7 |
| (a) A person who violates any of the following
provisions | 8 |
| shall be guilty of a Class A misdemeanor; a person
who commits | 9 |
| a second or subsequent violation of these
provisions is guilty | 10 |
| of a Class 4 felony:
| 11 |
| (1) The practice of or attempted practice of or
holding | 12 |
| out as available to practice as a private detective,
| 13 |
| private security contractor, private alarm contractor, | 14 |
| fingerprint vendor, or
locksmith without a license.
| 15 |
| (2) Operation of or attempt to operate a private
| 16 |
| detective agency, private security contractor agency, | 17 |
| private
alarm contractor agency, fingerprint vendor | 18 |
| agency, or locksmith agency without ever
having been issued | 19 |
| a valid agency license.
| 20 |
| (3) The obtaining of or the attempt to obtain any
| 21 |
| license or authorization issued under this Act by | 22 |
| fraudulent
misrepresentation.
| 23 |
| (b) Whenever a licensee is convicted of a felony related
to | 24 |
| the violations set forth in this Section, the clerk of the
| 25 |
| court in any jurisdiction shall promptly report the conviction
| 26 |
| to the Department and the Department shall immediately revoke
| 27 |
| any license as a private detective, private security
| 28 |
| contractor, private alarm contractor, fingerprint vendor, or | 29 |
| locksmith held by
that licensee. The individual shall not be | 30 |
| eligible for
licensure under this Act until at least 10 years | 31 |
| have elapsed
since the time of full discharge from any sentence | 32 |
| imposed for
a felony conviction. If any person in making any | 33 |
| oath or
affidavit required by this Act swears falsely, the | 34 |
| person is
guilty of perjury and may be punished accordingly.
| 35 |
| (c) In addition to any other penalty provided by law, a
|
|
|
|
SB2745 Engrossed |
- 31 - |
LRB094 17391 RAS 52686 b |
|
| 1 |
| person who violates any provision of this Section shall pay a
| 2 |
| civil penalty to the Department in an amount not to exceed
| 3 |
| $5,000 for each offense, as determined by the Department. The
| 4 |
| civil penalty shall be imposed in accordance with this Act.
| 5 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 6 |
| (225 ILCS 447/50-10)
| 7 |
| (Section scheduled to be repealed on January 1, 2014)
| 8 |
| Sec. 50-10. The Private Detective,
Private Alarm, Private | 9 |
| Security, Fingerprint Vendor, and Locksmith Board.
| 10 |
| (a) The Private Detective, Private
Alarm, Private | 11 |
| Security, Fingerprint Vendor, and Locksmith Board shall | 12 |
| consist of
12
11 members appointed by the Director and | 13 |
| comprised of 2
licensed private detectives, 3 licensed private | 14 |
| security
contractors, 2 licensed private alarm contractors, 1 | 15 |
| licensed fingerprint vendor, 2 licensed
locksmiths, one public | 16 |
| member who is not licensed or
registered under this Act and who | 17 |
| has no connection with a
business licensed under this Act, and | 18 |
| one member representing
the employees registered under this | 19 |
| Act. Each member shall be
a resident of Illinois. Except for | 20 |
| the initial appointment of a licensed fingerprint vendor after | 21 |
| the effective date of this amendatory Act of the 94th General | 22 |
| Assembly, each
Each licensed member shall have at
least 5 years | 23 |
| experience as a licensee in the professional
area in which the | 24 |
| person is licensed and be in good standing
and actively engaged | 25 |
| in that profession. In making
appointments, the Director shall | 26 |
| consider the recommendations
of the professionals and the | 27 |
| professional organizations
representing the licensees. The | 28 |
| membership shall reasonably
reflect the different geographic | 29 |
| areas in Illinois.
| 30 |
| (b) Members shall serve 4 year terms and may serve until
| 31 |
| their successors are appointed. No member shall serve for
more | 32 |
| than 2 successive terms. Appointments to fill vacancies
shall | 33 |
| be made in the same manner as the original appointments
for the | 34 |
| unexpired portion of the vacated term. Members of the
Board in | 35 |
| office on the effective date of this Act pursuant to
the |
|
|
|
SB2745 Engrossed |
- 32 - |
LRB094 17391 RAS 52686 b |
|
| 1 |
| Private Detective, Private Alarm, Private Security, and
| 2 |
| Locksmith Act of 1993 shall serve for the duration of their
| 3 |
| terms and may be appointed for one additional term.
| 4 |
| (c) A member of the Board may be removed for cause. A
| 5 |
| member subject to formal disciplinary proceedings shall
| 6 |
| disqualify himself or herself from all Board business until
the | 7 |
| charge is resolved. A member also shall disqualify
himself or | 8 |
| herself from any matter on which the member cannot
act | 9 |
| objectively.
| 10 |
| (d) Members shall receive compensation as set by law.
Each | 11 |
| member shall receive reimbursement as set by the
Governor's | 12 |
| Travel Control Board for expenses incurred in
carrying out the | 13 |
| duties as a Board member.
| 14 |
| (e) A majority of Board members constitutes a quorum. A
| 15 |
| majority vote of the quorum is required for a decision.
| 16 |
| (f) The Board shall elect a chairperson and vice
| 17 |
| chairperson.
| 18 |
| (g) Board members are not liable for their acts,
omissions, | 19 |
| decisions, or other conduct in connection with
their duties on | 20 |
| the Board, except those determined to be
willful, wanton, or | 21 |
| intentional misconduct.
| 22 |
| (h) The Board may recommend policies, procedures, and
rules | 23 |
| relevant to the administration and enforcement of this
Act.
| 24 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 25 |
| (225 ILCS 447/50-25)
| 26 |
| (Section scheduled to be repealed on January 1, 2014)
| 27 |
| Sec. 50-25. Home rule. Pursuant to paragraph (h) of
Section | 28 |
| 6 of Article VII of the Illinois Constitution of 1970,
the | 29 |
| power to regulate the private detective, private security,
| 30 |
| private alarm, fingerprint vending, or locksmith business or | 31 |
| their employees shall
be exercised exclusively by the State and | 32 |
| may not be exercised
by any unit of local government, including | 33 |
| home rule units.
| 34 |
| (Source: P.A. 93-438, eff. 8-5-03.)
|
|
|
|
SB2745 Engrossed |
- 33 - |
LRB094 17391 RAS 52686 b |
|
| 1 |
| Section 25. The Illinois Public Aid Code is amended by | 2 |
| changing Section 10-4 as follows:
| 3 |
| (305 ILCS 5/10-4) (from Ch. 23, par. 10-4)
| 4 |
| Sec. 10-4. Notification of Support Obligation. The | 5 |
| administrative enforcement unit within the authorized area of | 6 |
| its
operation shall notify each responsible relative of an | 7 |
| applicant or recipient,
or responsible relatives of other | 8 |
| persons given access to the child support
enforcement services
| 9 |
| of this Article, of his legal obligation to support and shall | 10 |
| request such
information concerning his financial status as may | 11 |
| be necessary to
determine whether he is financially able to | 12 |
| provide such support, in whole
or in part. In cases involving a | 13 |
| child born out of wedlock, the notification
shall include a | 14 |
| statement that the responsible relative has been named as the
| 15 |
| biological father of the child identified in the notification.
| 16 |
| In the case of applicants, the notification shall be sent | 17 |
| as soon as
practical after the filing of the application. In | 18 |
| the case of recipients,
the notice shall be sent at such time | 19 |
| as may be established by rule of the
Illinois Department.
| 20 |
| The notice shall be accompanied by the forms or | 21 |
| questionnaires provided
in Section 10-5. It shall inform the | 22 |
| relative that he may be liable for
reimbursement of any support | 23 |
| furnished from public aid funds prior to
determination of the | 24 |
| relative's financial circumstances, as well as for
future | 25 |
| support.
In the alternative, when support is sought on
behalf | 26 |
| of applicants for or
recipients of financial aid under Article | 27 |
| IV of this Code and other persons who
are given access to the | 28 |
| child support enforcement services
of this Article as
provided | 29 |
| in Section 10-1, the notice shall inform the relative that the
| 30 |
| relative may be required to pay support for a period before the | 31 |
| date an
administrative support order is entered, as well as | 32 |
| future support.
| 33 |
| Neither the mailing nor receipt of such notice shall be | 34 |
| deemed a
jurisdictional requirement for the subsequent | 35 |
| exercise of the investigative
procedures undertaken by an |
|
|
|
SB2745 Engrossed |
- 34 - |
LRB094 17391 RAS 52686 b |
|
| 1 |
| administrative enforcement unit or the entry of
any order or | 2 |
| determination of paternity or support or reimbursement
by the
| 3 |
| administrative enforcement unit; except that notice shall be | 4 |
| served by
certified mail addressed to the responsible relative | 5 |
| at his or her last
known address, return receipt requested, or | 6 |
| by a person who is licensed or registered as a private | 7 |
| detective under the Private Detective, Private Alarm, Private | 8 |
| Security, Fingerprint Vendor, and Locksmith Act of 2004 or by a | 9 |
| registered employee of a private detective agency certified | 10 |
| under that Act, or in counties with a population of less than | 11 |
| 2,000,000 by any method provided by law
for service of summons, | 12 |
| in cases where a determination of paternity or
support by | 13 |
| default is sought on
behalf of applicants for or recipients of | 14 |
| financial aid under Article IV
of this Act and other persons | 15 |
| who are given access to the child
support enforcement services | 16 |
| of this Article as provided in Section 10-1.
| 17 |
| (Source: P.A. 94-92, eff. 6-30-05.)
| 18 |
| Section 30. The Illinois Vehicle Code is amended by | 19 |
| changing Section 2-123 as follows:
| 20 |
| (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
| 21 |
| Sec. 2-123. Sale and Distribution of Information.
| 22 |
| (a) Except as otherwise provided in this Section, the | 23 |
| Secretary may make the
driver's license, vehicle and title | 24 |
| registration lists, in part or in whole,
and any statistical | 25 |
| information derived from these lists available to local
| 26 |
| governments, elected state officials, state educational | 27 |
| institutions, and all
other governmental units of the State and | 28 |
| Federal
Government
requesting them for governmental purposes. | 29 |
| The Secretary shall require any such
applicant for services to | 30 |
| pay for the costs of furnishing such services and the
use of | 31 |
| the equipment involved, and in addition is empowered to | 32 |
| establish prices
and charges for the services so furnished and | 33 |
| for the use of the electronic
equipment utilized.
| 34 |
| (b) The Secretary is further empowered to and he may, in |
|
|
|
SB2745 Engrossed |
- 35 - |
LRB094 17391 RAS 52686 b |
|
| 1 |
| his discretion,
furnish to any applicant, other than listed in | 2 |
| subsection (a) of this Section,
vehicle or driver data on a | 3 |
| computer tape, disk, other electronic format or
computer | 4 |
| processable medium, or printout at a fixed fee of
$250 for | 5 |
| orders received before October 1, 2003 and $500 for orders | 6 |
| received
on or after October 1, 2003, in advance, and require | 7 |
| in addition a
further sufficient
deposit based upon the | 8 |
| Secretary of State's estimate of the total cost of the
| 9 |
| information requested and a charge of $25 for orders received | 10 |
| before October
1, 2003 and $50 for orders received on or after | 11 |
| October 1, 2003, per 1,000
units or part
thereof identified or | 12 |
| the actual cost, whichever is greater. The Secretary is
| 13 |
| authorized to refund any difference between the additional | 14 |
| deposit and the
actual cost of the request. This service shall | 15 |
| not be in lieu of an abstract
of a driver's record nor of a | 16 |
| title or registration search. This service may
be limited to | 17 |
| entities purchasing a minimum number of records as required by
| 18 |
| administrative rule. The information
sold pursuant to this | 19 |
| subsection shall be the entire vehicle or driver data
list, or | 20 |
| part thereof. The information sold pursuant to this subsection
| 21 |
| shall not contain personally identifying information unless | 22 |
| the information is
to be used for one of the purposes | 23 |
| identified in subsection (f-5) of this
Section. Commercial | 24 |
| purchasers of driver and vehicle record databases shall
enter | 25 |
| into a written agreement with the Secretary of State that | 26 |
| includes
disclosure of the commercial use of the information to | 27 |
| be purchased. | 28 |
| (b-1) The Secretary is further empowered to and may, in his | 29 |
| or her discretion, furnish vehicle or driver data on a computer | 30 |
| tape, disk, or other electronic format or computer processible | 31 |
| medium, at no fee, to any State or local governmental agency | 32 |
| that uses the information provided by the Secretary to transmit | 33 |
| data back to the Secretary that enables the Secretary to | 34 |
| maintain accurate driving records, including dispositions of | 35 |
| traffic cases. This information may be provided without fee not | 36 |
| more often than once every 6 months.
|
|
|
|
SB2745 Engrossed |
- 36 - |
LRB094 17391 RAS 52686 b |
|
| 1 |
| (c) Secretary of State may issue registration lists. The | 2 |
| Secretary
of State shall compile and publish, at least | 3 |
| annually, a list of all registered
vehicles. Each list of | 4 |
| registered vehicles shall be arranged serially
according to the | 5 |
| registration numbers assigned to registered vehicles and
shall | 6 |
| contain in addition the names and addresses of registered | 7 |
| owners and
a brief description of each vehicle including the | 8 |
| serial or other
identifying number thereof. Such compilation | 9 |
| may be in such form as in the
discretion of the Secretary of | 10 |
| State may seem best for the purposes intended.
| 11 |
| (d) The Secretary of State shall furnish no more than 2 | 12 |
| current available
lists of such registrations to the sheriffs | 13 |
| of all counties and to the chiefs
of police of all cities and | 14 |
| villages and towns of 2,000 population and over
in this State | 15 |
| at no cost. Additional copies may be purchased by the sheriffs
| 16 |
| or chiefs of police at the fee
of $500 each or at the cost of | 17 |
| producing the list as determined
by the Secretary of State. | 18 |
| Such lists are to be used for governmental
purposes only.
| 19 |
| (e) (Blank).
| 20 |
| (e-1) (Blank).
| 21 |
| (f) The Secretary of State shall make a title or | 22 |
| registration search of the
records of his office and a written | 23 |
| report on the same for any person, upon
written application of | 24 |
| such person, accompanied by a fee of $5 for
each registration | 25 |
| or title search. The written application shall set forth
the | 26 |
| intended use of the requested information. No fee shall be | 27 |
| charged for a
title or
registration search, or for the | 28 |
| certification thereof requested by a government
agency. The | 29 |
| report of the title or registration search shall not contain
| 30 |
| personally identifying information unless the request for a | 31 |
| search was made for
one of the purposes identified in | 32 |
| subsection (f-5) of this Section. The report of the title or | 33 |
| registration search shall not contain highly
restricted | 34 |
| personal
information unless specifically authorized by this | 35 |
| Code.
| 36 |
| The Secretary of State shall certify a title or |
|
|
|
SB2745 Engrossed |
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LRB094 17391 RAS 52686 b |
|
| 1 |
| registration record upon
written request. The fee for | 2 |
| certification shall be $5 in addition
to the fee required for a | 3 |
| title or registration search. Certification shall
be made under | 4 |
| the signature of the Secretary of State and shall be
| 5 |
| authenticated by Seal of the Secretary of State.
| 6 |
| The Secretary of State may notify the vehicle owner or | 7 |
| registrant of
the request for purchase of his title or | 8 |
| registration information as the
Secretary deems appropriate.
| 9 |
| No information shall be released to the requestor until | 10 |
| expiration of a
10 day period. This 10 day period shall not | 11 |
| apply to requests for
information made by law enforcement | 12 |
| officials, government agencies,
financial institutions, | 13 |
| attorneys, insurers, employers, automobile
associated | 14 |
| businesses, persons licensed as a private detective or firms
| 15 |
| licensed as a private detective agency under the Private | 16 |
| Detective, Private
Alarm, Private Security, Fingerprint | 17 |
| Vendor, and Locksmith Act of 2004, who are employed by or are
| 18 |
| acting on
behalf of law enforcement officials, government | 19 |
| agencies, financial
institutions, attorneys, insurers, | 20 |
| employers, automobile associated businesses,
and other | 21 |
| business entities for purposes consistent with the Illinois | 22 |
| Vehicle
Code, the vehicle owner or registrant or other entities | 23 |
| as the Secretary may
exempt by rule and regulation.
| 24 |
| Any misrepresentation made by a requestor of title or | 25 |
| vehicle information
shall be punishable as a petty offense, | 26 |
| except in the case of persons
licensed as a private detective | 27 |
| or firms licensed as a private detective agency
which shall be | 28 |
| subject to disciplinary sanctions under Section 40-10 of the
| 29 |
| Private Detective, Private Alarm, Private Security, and | 30 |
| Locksmith Act of 2004.
| 31 |
| (f-5) The Secretary of State shall not disclose or | 32 |
| otherwise make
available to
any person or entity any personally | 33 |
| identifying information obtained by the
Secretary
of State in | 34 |
| connection with a driver's license, vehicle, or title | 35 |
| registration
record
unless the information is disclosed for one | 36 |
| of the following purposes:
|
|
|
|
SB2745 Engrossed |
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LRB094 17391 RAS 52686 b |
|
| 1 |
| (1) For use by any government agency, including any | 2 |
| court or law
enforcement agency, in carrying out its | 3 |
| functions, or any private person or
entity acting on behalf | 4 |
| of a federal, State, or local agency in carrying out
its
| 5 |
| functions.
| 6 |
| (2) For use in connection with matters of motor vehicle | 7 |
| or driver safety
and theft; motor vehicle emissions; motor | 8 |
| vehicle product alterations, recalls,
or advisories; | 9 |
| performance monitoring of motor vehicles, motor vehicle | 10 |
| parts,
and dealers; and removal of non-owner records from | 11 |
| the original owner
records of motor vehicle manufacturers.
| 12 |
| (3) For use in the normal course of business by a | 13 |
| legitimate business or
its agents, employees, or | 14 |
| contractors, but only:
| 15 |
| (A) to verify the accuracy of personal information | 16 |
| submitted by
an individual to the business or its | 17 |
| agents, employees, or contractors;
and
| 18 |
| (B) if such information as so submitted is not | 19 |
| correct or is no
longer correct, to obtain the correct | 20 |
| information, but only for the
purposes of preventing | 21 |
| fraud by, pursuing legal remedies against, or
| 22 |
| recovering on a debt or security interest against, the | 23 |
| individual.
| 24 |
| (4) For use in research activities and for use in | 25 |
| producing statistical
reports, if the personally | 26 |
| identifying information is not published,
redisclosed, or | 27 |
| used to
contact individuals.
| 28 |
| (5) For use in connection with any civil, criminal, | 29 |
| administrative, or
arbitral proceeding in any federal, | 30 |
| State, or local court or agency or before
any
| 31 |
| self-regulatory body, including the service of process, | 32 |
| investigation in
anticipation of litigation, and the | 33 |
| execution or enforcement of judgments and
orders, or | 34 |
| pursuant to an order of a federal, State, or local court.
| 35 |
| (6) For use by any insurer or insurance support | 36 |
| organization or by a
self-insured entity or its agents, |
|
|
|
SB2745 Engrossed |
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LRB094 17391 RAS 52686 b |
|
| 1 |
| employees, or contractors in connection with
claims | 2 |
| investigation activities, antifraud activities, rating, or | 3 |
| underwriting.
| 4 |
| (7) For use in providing notice to the owners of towed | 5 |
| or
impounded vehicles.
| 6 |
| (8) For use by any person licensed as a private | 7 |
| detective or firm licensed as a private
detective agency | 8 |
| under
the Private Detective, Private Alarm, Private | 9 |
| Security, Fingerprint Vendor, and Locksmith Act of
2004
| 10 |
| 1993 , private investigative agency or security service
| 11 |
| licensed in Illinois for any purpose permitted under this | 12 |
| subsection.
| 13 |
| (9) For use by an employer or its agent or insurer to | 14 |
| obtain or verify
information relating to a holder of a | 15 |
| commercial driver's license that is
required under chapter | 16 |
| 313 of title 49 of the United States Code.
| 17 |
| (10) For use in connection with the operation of | 18 |
| private toll
transportation facilities.
| 19 |
| (11) For use by any requester, if the requester | 20 |
| demonstrates it has
obtained the written consent of the | 21 |
| individual to whom the information
pertains.
| 22 |
| (12) For use by members of the news media, as defined | 23 |
| in
Section 1-148.5, for the purpose of newsgathering when | 24 |
| the request relates to
the
operation of a motor vehicle or | 25 |
| public safety.
| 26 |
| (13) For any other use specifically authorized by law, | 27 |
| if that use is
related to the operation of a motor vehicle | 28 |
| or public safety. | 29 |
| (f-6) The Secretary of State shall not disclose or | 30 |
| otherwise make
available to any
person or entity any highly | 31 |
| restricted personal information obtained by the
Secretary of
| 32 |
| State in connection with a driver's license, vehicle, or
title | 33 |
| registration
record unless
specifically authorized by this | 34 |
| Code.
| 35 |
| (g) 1. The Secretary of State may, upon receipt of a | 36 |
| written request
and a fee of $6 before October 1, 2003 and |
|
|
|
SB2745 Engrossed |
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LRB094 17391 RAS 52686 b |
|
| 1 |
| a fee of $12 on and after October
1, 2003, furnish to the | 2 |
| person or agency so requesting a
driver's record. Such | 3 |
| document may include a record of: current driver's
license | 4 |
| issuance information, except that the information on | 5 |
| judicial driving
permits shall be available only as | 6 |
| otherwise provided by this Code;
convictions; orders | 7 |
| entered revoking, suspending or cancelling a
driver's
| 8 |
| license or privilege; and notations of accident | 9 |
| involvement. All other
information, unless otherwise | 10 |
| permitted by
this Code, shall remain confidential. | 11 |
| Information released pursuant to a
request for a driver's | 12 |
| record shall not contain personally identifying
| 13 |
| information, unless the request for the driver's record was | 14 |
| made for one of the
purposes set forth in subsection (f-5) | 15 |
| of this Section.
| 16 |
| 2. The Secretary of State shall not disclose or | 17 |
| otherwise make available
to any
person or
entity any highly | 18 |
| restricted personal information obtained by the Secretary | 19 |
| of
State in
connection with a driver's license, vehicle, or | 20 |
| title
registration record
unless specifically
authorized | 21 |
| by this Code. The Secretary of State may certify an | 22 |
| abstract of a driver's record
upon written request | 23 |
| therefor. Such certification
shall be made under the | 24 |
| signature of the Secretary of State and shall be
| 25 |
| authenticated by the Seal of his office.
| 26 |
| 3. All requests for driving record information shall be | 27 |
| made in a manner
prescribed by the Secretary and shall set | 28 |
| forth the intended use of the
requested information.
| 29 |
| The Secretary of State may notify the affected driver | 30 |
| of the request
for purchase of his driver's record as the | 31 |
| Secretary deems appropriate.
| 32 |
| No information shall be released to the requester until | 33 |
| expiration of a
10 day period. This 10 day period shall not | 34 |
| apply to requests for information
made by law enforcement | 35 |
| officials, government agencies, financial institutions,
| 36 |
| attorneys, insurers, employers, automobile associated |
|
|
|
SB2745 Engrossed |
- 41 - |
LRB094 17391 RAS 52686 b |
|
| 1 |
| businesses, persons
licensed as a private detective or | 2 |
| firms licensed as a private detective agency
under the | 3 |
| Private Detective, Private Alarm, Private Security, | 4 |
| Fingerprint Vendor, and Locksmith Act
of 2004,
who are | 5 |
| employed by or are acting on behalf of law enforcement | 6 |
| officials,
government agencies, financial institutions, | 7 |
| attorneys, insurers, employers,
automobile associated | 8 |
| businesses, and other business entities for purposes
| 9 |
| consistent with the Illinois Vehicle Code, the affected | 10 |
| driver or other
entities as the Secretary may exempt by | 11 |
| rule and regulation.
| 12 |
| Any misrepresentation made by a requestor of driver | 13 |
| information shall
be punishable as a petty offense, except | 14 |
| in the case of persons licensed as
a private detective or | 15 |
| firms licensed as a private detective agency which shall
be | 16 |
| subject to disciplinary sanctions under Section 40-10 of | 17 |
| the Private
Detective, Private Alarm, Private Security, | 18 |
| Fingerprint Vendor, and Locksmith Act of 2004.
| 19 |
| 4. The Secretary of State may furnish without fee, upon | 20 |
| the written
request of a law enforcement agency, any | 21 |
| information from a driver's
record on file with the | 22 |
| Secretary of State when such information is required
in the | 23 |
| enforcement of this Code or any other law relating to the | 24 |
| operation
of motor vehicles, including records of | 25 |
| dispositions; documented
information involving the use of | 26 |
| a motor vehicle; whether such individual
has, or previously | 27 |
| had, a driver's license; and the address and personal
| 28 |
| description as reflected on said driver's record.
| 29 |
| 5. Except as otherwise provided in this Section, the | 30 |
| Secretary of
State may furnish, without fee, information | 31 |
| from an individual driver's
record on file, if a written | 32 |
| request therefor is submitted
by any public transit system | 33 |
| or authority, public defender, law enforcement
agency, a | 34 |
| state or federal agency, or an Illinois local | 35 |
| intergovernmental
association, if the request is for the | 36 |
| purpose of a background check of
applicants for employment |
|
|
|
SB2745 Engrossed |
- 42 - |
LRB094 17391 RAS 52686 b |
|
| 1 |
| with the requesting agency, or for the purpose of
an | 2 |
| official investigation conducted by the agency, or to | 3 |
| determine a
current address for the driver so public funds | 4 |
| can be recovered or paid to
the driver, or for any other | 5 |
| purpose set forth in subsection (f-5)
of this Section.
| 6 |
| The Secretary may also furnish the courts a copy of an | 7 |
| abstract of a
driver's record, without fee, subsequent to | 8 |
| an arrest for a violation of
Section 11-501 or a similar | 9 |
| provision of a local ordinance. Such abstract
may include | 10 |
| records of dispositions; documented information involving
| 11 |
| the use of a motor vehicle as contained in the current | 12 |
| file; whether such
individual has, or previously had, a | 13 |
| driver's license; and the address and
personal description | 14 |
| as reflected on said driver's record.
| 15 |
| 6. Any certified abstract issued by the Secretary of | 16 |
| State or
transmitted electronically by the Secretary of | 17 |
| State pursuant to this
Section,
to a court or on request of | 18 |
| a law enforcement agency, for the record of a
named person | 19 |
| as to the status of the person's driver's license shall be
| 20 |
| prima facie evidence of the facts therein stated and if the | 21 |
| name appearing
in such abstract is the same as that of a | 22 |
| person named in an information or
warrant, such abstract | 23 |
| shall be prima facie evidence that the person named
in such | 24 |
| information or warrant is the same person as the person | 25 |
| named in
such abstract and shall be admissible for any | 26 |
| prosecution under this Code and
be admitted as proof of any | 27 |
| prior conviction or proof of records, notices, or
orders | 28 |
| recorded on individual driving records maintained by the | 29 |
| Secretary of
State.
| 30 |
| 7. Subject to any restrictions contained in the | 31 |
| Juvenile Court Act of
1987, and upon receipt of a proper | 32 |
| request and a fee of $6 before October 1,
2003 and a fee of | 33 |
| $12 on or after October 1, 2003, the
Secretary of
State | 34 |
| shall provide a driver's record to the affected driver, or | 35 |
| the affected
driver's attorney, upon verification. Such | 36 |
| record shall contain all the
information referred to in |
|
|
|
SB2745 Engrossed |
- 43 - |
LRB094 17391 RAS 52686 b |
|
| 1 |
| paragraph 1 of this subsection (g) plus: any
recorded | 2 |
| accident involvement as a driver; information recorded | 3 |
| pursuant to
subsection (e) of Section 6-117 and paragraph | 4 |
| (4) of subsection (a) of
Section 6-204 of this Code. All | 5 |
| other information, unless otherwise permitted
by this | 6 |
| Code, shall remain confidential.
| 7 |
| (h) The Secretary shall not disclose social security | 8 |
| numbers or any associated information obtained from the Social | 9 |
| Security Administration except pursuant
to a written request | 10 |
| by, or with the prior written consent of, the
individual | 11 |
| except: (1) to officers and employees of the Secretary
who
have | 12 |
| a need to know the social security numbers in performance of | 13 |
| their
official duties, (2) to law enforcement officials for a | 14 |
| lawful, civil or
criminal law enforcement investigation, and if | 15 |
| the head of the law enforcement
agency has made a written | 16 |
| request to the Secretary specifying the law
enforcement | 17 |
| investigation for which the social security numbers are being
| 18 |
| sought, (3) to the United States Department of Transportation, | 19 |
| or any other
State, pursuant to the administration and | 20 |
| enforcement of the Commercial
Motor Vehicle Safety Act of 1986, | 21 |
| (4) pursuant to the order of a court
of competent jurisdiction, | 22 |
| or (5) to the Department of Healthcare and Family Services | 23 |
| (formerly Department of Public Aid ) for
utilization
in the | 24 |
| child support enforcement duties assigned to that Department | 25 |
| under
provisions of the Illinois Public Aid Code after the | 26 |
| individual has received advanced
meaningful notification of | 27 |
| what redisclosure is sought by the Secretary in
accordance with | 28 |
| the federal Privacy Act.
| 29 |
| (i) (Blank).
| 30 |
| (j) Medical statements or medical reports received in the | 31 |
| Secretary of
State's Office shall be confidential. No | 32 |
| confidential information may be
open to public inspection or | 33 |
| the contents disclosed to anyone, except
officers and employees | 34 |
| of the Secretary who have a need to know the information
| 35 |
| contained in the medical reports and the Driver License Medical | 36 |
| Advisory
Board, unless so directed by an order of a court of |
|
|
|
SB2745 Engrossed |
- 44 - |
LRB094 17391 RAS 52686 b |
|
| 1 |
| competent jurisdiction.
| 2 |
| (k) All fees collected under this Section shall be paid | 3 |
| into the Road
Fund of the State Treasury, except that (i) for | 4 |
| fees collected before October
1, 2003, $3 of the $6 fee for a
| 5 |
| driver's record shall be paid into the Secretary of State | 6 |
| Special Services
Fund, (ii) for fees collected on and after | 7 |
| October 1, 2003, of the $12 fee
for a driver's record, $3 shall | 8 |
| be paid into the Secretary of State Special
Services Fund and | 9 |
| $6 shall be paid into the General Revenue Fund, and (iii) for
| 10 |
| fees collected on and after October 1, 2003, 50% of the amounts | 11 |
| collected
pursuant to subsection (b) shall be paid into the | 12 |
| General Revenue Fund.
| 13 |
| (l) (Blank).
| 14 |
| (m) Notations of accident involvement that may be disclosed | 15 |
| under this
Section shall not include notations relating to | 16 |
| damage to a vehicle or other
property being transported by a | 17 |
| tow truck. This information shall remain
confidential, | 18 |
| provided that nothing in this subsection (m) shall limit
| 19 |
| disclosure of any notification of accident involvement to any | 20 |
| law enforcement
agency or official.
| 21 |
| (n) Requests made by the news media for driver's license, | 22 |
| vehicle, or
title registration information may be furnished | 23 |
| without charge or at a reduced
charge, as determined by the | 24 |
| Secretary, when the specific purpose for
requesting the | 25 |
| documents is deemed to be in the public interest. Waiver or
| 26 |
| reduction of the fee is in the public interest if the principal | 27 |
| purpose of the
request is to access and disseminate information | 28 |
| regarding the health, safety,
and welfare or the legal rights | 29 |
| of the general public and is not for the
principal purpose of | 30 |
| gaining a personal or commercial benefit.
The information | 31 |
| provided pursuant to this subsection shall not contain
| 32 |
| personally identifying information unless the information is | 33 |
| to be used for one
of the
purposes identified in subsection | 34 |
| (f-5) of this Section.
| 35 |
| (o) The redisclosure of personally identifying information
| 36 |
| obtained
pursuant
to this Section is prohibited, except to the |
|
|
|
SB2745 Engrossed |
- 45 - |
LRB094 17391 RAS 52686 b |
|
| 1 |
| extent necessary to effectuate the
purpose
for which the | 2 |
| original disclosure of the information was permitted.
| 3 |
| (p) The Secretary of State is empowered to adopt rules
to
| 4 |
| effectuate this Section.
| 5 |
| (Source: P.A. 93-32, eff. 7-1-03; 93-438, eff. 8-5-03; 93-895, | 6 |
| eff. 1-1-05; 94-56, eff. 6-17-05; revised 12-15-05.)
| 7 |
| Section 35. The Criminal Code of 1961 is amended by | 8 |
| changing Section 24-2 as follows:
| 9 |
| (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
| 10 |
| Sec. 24-2. Exemptions.
| 11 |
| (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10) and | 12 |
| Section
24-1.6 do not apply to
or affect any of the following:
| 13 |
| (1) Peace officers, and any person summoned by a peace | 14 |
| officer to
assist in making arrests or preserving the | 15 |
| peace, while actually engaged in
assisting such officer.
| 16 |
| (2) Wardens, superintendents and keepers of prisons,
| 17 |
| penitentiaries, jails and other institutions for the | 18 |
| detention of persons
accused or convicted of an offense, | 19 |
| while in the performance of their
official duty, or while | 20 |
| commuting between their homes and places of employment.
| 21 |
| (3) Members of the Armed Services or Reserve Forces of | 22 |
| the United States
or the Illinois National Guard or the | 23 |
| Reserve Officers Training Corps,
while in the performance | 24 |
| of their official duty.
| 25 |
| (4) Special agents employed by a railroad or a public | 26 |
| utility to
perform police functions, and guards of armored | 27 |
| car companies, while
actually engaged in the performance of | 28 |
| the duties of their employment or
commuting between their | 29 |
| homes and places of employment; and watchmen
while actually | 30 |
| engaged in the performance of the duties of their | 31 |
| employment.
| 32 |
| (5) Persons licensed as private security contractors, | 33 |
| private
detectives, or private alarm contractors, or | 34 |
| employed by an agency
certified by the Department of |
|
|
|
SB2745 Engrossed |
- 46 - |
LRB094 17391 RAS 52686 b |
|
| 1 |
| Professional Regulation, if their duties
include the | 2 |
| carrying of a weapon under the provisions of the Private
| 3 |
| Detective, Private Alarm,
Private Security, Fingerprint | 4 |
| Vendor, and Locksmith Act of 2004,
while actually
engaged | 5 |
| in the performance of the duties of their employment or | 6 |
| commuting
between their homes and places of employment, | 7 |
| provided that such commuting
is accomplished within one | 8 |
| hour from departure from home or place of
employment, as | 9 |
| the case may be. Persons exempted under this subdivision
| 10 |
| (a)(5) shall be required to have completed a course of
| 11 |
| study in firearms handling and training approved and | 12 |
| supervised by the
Department of Professional Regulation as | 13 |
| prescribed by Section 28 of the
Private Detective, Private | 14 |
| Alarm,
Private Security, Fingerprint Vendor, and Locksmith | 15 |
| Act of 2004, prior
to becoming eligible for this exemption. | 16 |
| The Department of Professional
Regulation shall provide | 17 |
| suitable documentation demonstrating the
successful | 18 |
| completion of the prescribed firearms training. Such
| 19 |
| documentation shall be carried at all times when such | 20 |
| persons are in
possession of a concealable weapon.
| 21 |
| (6) Any person regularly employed in a commercial or | 22 |
| industrial
operation as a security guard for the protection | 23 |
| of persons employed
and private property related to such | 24 |
| commercial or industrial
operation, while actually engaged | 25 |
| in the performance of his or her
duty or traveling between | 26 |
| sites or properties belonging to the
employer, and who, as | 27 |
| a security guard, is a member of a security force of
at | 28 |
| least 5 persons registered with the Department of | 29 |
| Professional
Regulation; provided that such security guard | 30 |
| has successfully completed a
course of study, approved by | 31 |
| and supervised by the Department of
Professional | 32 |
| Regulation, consisting of not less than 40 hours of | 33 |
| training
that includes the theory of law enforcement, | 34 |
| liability for acts, and the
handling of weapons. A person | 35 |
| shall be considered eligible for this
exemption if he or | 36 |
| she has completed the required 20
hours of training for a |
|
|
|
SB2745 Engrossed |
- 47 - |
LRB094 17391 RAS 52686 b |
|
| 1 |
| security officer and 20 hours of required firearm
training, | 2 |
| and has been issued a firearm authorization card by
the | 3 |
| Department of Professional Regulation. Conditions for the | 4 |
| renewal of
firearm authorization cards issued under the | 5 |
| provisions of this Section
shall be the same as for those | 6 |
| cards issued under the provisions of the
Private Detective, | 7 |
| Private Alarm,
Private Security, Fingerprint Vendor, and | 8 |
| Locksmith Act of 2004. Such
firearm authorization card | 9 |
| shall be carried by the security guard at all
times when he | 10 |
| or she is in possession of a concealable weapon.
| 11 |
| (7) Agents and investigators of the Illinois | 12 |
| Legislative Investigating
Commission authorized by the | 13 |
| Commission to carry the weapons specified in
subsections | 14 |
| 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| 15 |
| any investigation for the Commission.
| 16 |
| (8) Persons employed by a financial institution for the | 17 |
| protection of
other employees and property related to such | 18 |
| financial institution, while
actually engaged in the | 19 |
| performance of their duties, commuting between
their homes | 20 |
| and places of employment, or traveling between sites or
| 21 |
| properties owned or operated by such financial | 22 |
| institution, provided that
any person so employed has | 23 |
| successfully completed a course of study,
approved by and | 24 |
| supervised by the Department of Professional Regulation,
| 25 |
| consisting of not less than 40 hours of training which | 26 |
| includes theory of
law enforcement, liability for acts, and | 27 |
| the handling of weapons.
A person shall be considered to be | 28 |
| eligible for this exemption if he or
she has completed the | 29 |
| required 20 hours of training for a security officer
and 20 | 30 |
| hours of required firearm training, and has been issued a
| 31 |
| firearm authorization card by the Department of | 32 |
| Professional Regulation.
Conditions for renewal of firearm | 33 |
| authorization cards issued under the
provisions of this | 34 |
| Section shall be the same as for those issued under the
| 35 |
| provisions of the Private Detective, Private Alarm,
| 36 |
| Private Security, Fingerprint Vendor, and Locksmith Act of |
|
|
|
SB2745 Engrossed |
- 48 - |
LRB094 17391 RAS 52686 b |
|
| 1 |
| 2004.
Such firearm authorization card shall be carried by | 2 |
| the person so
trained at all times when such person is in | 3 |
| possession of a concealable
weapon. For purposes of this | 4 |
| subsection, "financial institution" means a
bank, savings | 5 |
| and loan association, credit union or company providing
| 6 |
| armored car services.
| 7 |
| (9) Any person employed by an armored car company to | 8 |
| drive an armored
car, while actually engaged in the | 9 |
| performance of his duties.
| 10 |
| (10) Persons who have been classified as peace officers | 11 |
| pursuant
to the Peace Officer Fire Investigation Act.
| 12 |
| (11) Investigators of the Office of the State's | 13 |
| Attorneys Appellate
Prosecutor authorized by the board of | 14 |
| governors of the Office of the
State's Attorneys Appellate | 15 |
| Prosecutor to carry weapons pursuant to
Section 7.06 of the | 16 |
| State's Attorneys Appellate Prosecutor's Act.
| 17 |
| (12) Special investigators appointed by a State's | 18 |
| Attorney under
Section 3-9005 of the Counties Code.
| 19 |
| (12.5) Probation officers while in the performance of | 20 |
| their duties, or
while commuting between their homes, | 21 |
| places of employment or specific locations
that are part of | 22 |
| their assigned duties, with the consent of the chief judge | 23 |
| of
the circuit for which they are employed.
| 24 |
| (13) Court Security Officers while in the performance | 25 |
| of their official
duties, or while commuting between their | 26 |
| homes and places of employment, with
the
consent of the | 27 |
| Sheriff.
| 28 |
| (13.5) A person employed as an armed security guard at | 29 |
| a nuclear energy,
storage, weapons or development site or | 30 |
| facility regulated by the Nuclear
Regulatory Commission | 31 |
| who has completed the background screening and training
| 32 |
| mandated by the rules and regulations of the Nuclear | 33 |
| Regulatory Commission.
| 34 |
| (14) Manufacture, transportation, or sale of weapons | 35 |
| to
persons
authorized under subdivisions (1) through | 36 |
| (13.5) of this
subsection
to
possess those weapons.
|
|
|
|
SB2745 Engrossed |
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LRB094 17391 RAS 52686 b |
|
| 1 |
| (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 2 |
| 24-1.6 do not
apply to or affect
any of the following:
| 3 |
| (1) Members of any club or organization organized for | 4 |
| the purpose of
practicing shooting at targets upon | 5 |
| established target ranges, whether
public or private, and | 6 |
| patrons of such ranges, while such members
or patrons are | 7 |
| using their firearms on those target ranges.
| 8 |
| (2) Duly authorized military or civil organizations | 9 |
| while parading,
with the special permission of the | 10 |
| Governor.
| 11 |
| (3) Hunters, trappers or fishermen with a license or
| 12 |
| permit while engaged in hunting,
trapping or fishing.
| 13 |
| (4) Transportation of weapons that are broken down in a
| 14 |
| non-functioning state or are not immediately accessible.
| 15 |
| (c) Subsection 24-1(a)(7) does not apply to or affect any | 16 |
| of the
following:
| 17 |
| (1) Peace officers while in performance of their | 18 |
| official duties.
| 19 |
| (2) Wardens, superintendents and keepers of prisons, | 20 |
| penitentiaries,
jails and other institutions for the | 21 |
| detention of persons accused or
convicted of an offense.
| 22 |
| (3) Members of the Armed Services or Reserve Forces of | 23 |
| the United States
or the Illinois National Guard, while in | 24 |
| the performance of their official
duty.
| 25 |
| (4) Manufacture, transportation, or sale of machine | 26 |
| guns to persons
authorized under subdivisions (1) through | 27 |
| (3) of this subsection to
possess machine guns, if the | 28 |
| machine guns are broken down in a
non-functioning state or | 29 |
| are not immediately accessible.
| 30 |
| (5) Persons licensed under federal law to manufacture | 31 |
| any weapon from
which 8 or more shots or bullets can be | 32 |
| discharged by a
single function of the firing device, or | 33 |
| ammunition for such weapons, and
actually engaged in the | 34 |
| business of manufacturing such weapons or
ammunition, but | 35 |
| only with respect to activities which are within the lawful
| 36 |
| scope of such business, such as the manufacture, |
|
|
|
SB2745 Engrossed |
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LRB094 17391 RAS 52686 b |
|
| 1 |
| transportation, or testing
of such weapons or ammunition. | 2 |
| This exemption does not authorize the
general private | 3 |
| possession of any weapon from which 8 or more
shots or | 4 |
| bullets can be discharged by a single function of the | 5 |
| firing
device, but only such possession and activities as | 6 |
| are within the lawful
scope of a licensed manufacturing | 7 |
| business described in this paragraph.
| 8 |
| During transportation, such weapons shall be broken | 9 |
| down in a
non-functioning state or not immediately | 10 |
| accessible.
| 11 |
| (6) The manufacture, transport, testing, delivery, | 12 |
| transfer or sale,
and all lawful commercial or experimental | 13 |
| activities necessary thereto, of
rifles, shotguns, and | 14 |
| weapons made from rifles or shotguns,
or ammunition for | 15 |
| such rifles, shotguns or weapons, where engaged in
by a | 16 |
| person operating as a contractor or subcontractor pursuant | 17 |
| to a
contract or subcontract for the development and supply | 18 |
| of such rifles,
shotguns, weapons or ammunition to the | 19 |
| United States government or any
branch of the Armed Forces | 20 |
| of the United States, when such activities are
necessary | 21 |
| and incident to fulfilling the terms of such contract.
| 22 |
| The exemption granted under this subdivision (c)(6)
| 23 |
| shall also apply to any authorized agent of any such | 24 |
| contractor or
subcontractor who is operating within the | 25 |
| scope of his employment, where
such activities involving | 26 |
| such weapon, weapons or ammunition are necessary
and | 27 |
| incident to fulfilling the terms of such contract.
| 28 |
| During transportation, any such weapon shall be broken | 29 |
| down in a
non-functioning state, or not immediately | 30 |
| accessible.
| 31 |
| (d) Subsection 24-1(a)(1) does not apply to the purchase, | 32 |
| possession
or carrying of a black-jack or slung-shot by a peace | 33 |
| officer.
| 34 |
| (e) Subsection 24-1(a)(8) does not apply to any owner, | 35 |
| manager or
authorized employee of any place specified in that | 36 |
| subsection nor to any
law enforcement officer.
|
|
|
|
SB2745 Engrossed |
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LRB094 17391 RAS 52686 b |
|
| 1 |
| (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 2 |
| Section 24-1.6
do not apply
to members of any club or | 3 |
| organization organized for the purpose of practicing
shooting | 4 |
| at targets upon established target ranges, whether public or | 5 |
| private,
while using their firearms on those target ranges.
| 6 |
| (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 7 |
| to:
| 8 |
| (1) Members of the Armed Services or Reserve Forces of | 9 |
| the United
States or the Illinois National Guard, while in | 10 |
| the performance of their
official duty.
| 11 |
| (2) Bonafide collectors of antique or surplus military | 12 |
| ordinance.
| 13 |
| (3) Laboratories having a department of forensic | 14 |
| ballistics, or
specializing in the development of | 15 |
| ammunition or explosive ordinance.
| 16 |
| (4) Commerce, preparation, assembly or possession of | 17 |
| explosive
bullets by manufacturers of ammunition licensed | 18 |
| by the federal government,
in connection with the supply of | 19 |
| those organizations and persons exempted
by subdivision | 20 |
| (g)(1) of this Section, or like organizations and persons
| 21 |
| outside this State, or the transportation of explosive | 22 |
| bullets to any
organization or person exempted in this | 23 |
| Section by a common carrier or by a
vehicle owned or leased | 24 |
| by an exempted manufacturer.
| 25 |
| (g-5) Subsection 24-1(a)(6) does not apply to or affect | 26 |
| persons licensed
under federal law to manufacture any device or | 27 |
| attachment of any kind designed,
used, or intended for use in | 28 |
| silencing the report of any firearm, firearms, or
ammunition
| 29 |
| for those firearms equipped with those devices, and actually | 30 |
| engaged in the
business of manufacturing those devices, | 31 |
| firearms, or ammunition, but only with
respect to
activities | 32 |
| that are within the lawful scope of that business, such as the
| 33 |
| manufacture, transportation, or testing of those devices, | 34 |
| firearms, or
ammunition. This
exemption does not authorize the | 35 |
| general private possession of any device or
attachment of any | 36 |
| kind designed, used, or intended for use in silencing the
|
|
|
|
SB2745 Engrossed |
- 52 - |
LRB094 17391 RAS 52686 b |
|
| 1 |
| report of any firearm, but only such possession and activities | 2 |
| as are within
the
lawful scope of a licensed manufacturing | 3 |
| business described in this subsection
(g-5). During | 4 |
| transportation, those devices shall be detached from any weapon
| 5 |
| or
not immediately accessible.
| 6 |
| (h) An information or indictment based upon a violation of | 7 |
| any
subsection of this Article need not negative any exemptions | 8 |
| contained in
this Article. The defendant shall have the burden | 9 |
| of proving such an
exemption.
| 10 |
| (i) Nothing in this Article shall prohibit, apply to, or | 11 |
| affect
the transportation, carrying, or possession, of any | 12 |
| pistol or revolver,
stun gun, taser, or other firearm consigned | 13 |
| to a common carrier operating
under license of the State of | 14 |
| Illinois or the federal government, where
such transportation, | 15 |
| carrying, or possession is incident to the lawful
| 16 |
| transportation in which such common carrier is engaged; and | 17 |
| nothing in this
Article shall prohibit, apply to, or affect the | 18 |
| transportation, carrying,
or possession of any pistol, | 19 |
| revolver, stun gun, taser, or other firearm,
not the subject of | 20 |
| and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | 21 |
| this Article, which is unloaded and enclosed in a case, firearm
| 22 |
| carrying box, shipping box, or other container, by the | 23 |
| possessor of a valid
Firearm Owners Identification Card.
| 24 |
| (Source: P.A. 92-325, eff. 8-9-01; 93-438, eff. 8-5-03; 93-439, | 25 |
| eff. 8-5-03;
93-576, eff. 1-1-04; revised
9-15-03.)
| 26 |
| Section 40. The Code of Civil Procedure is amended by | 27 |
| changing Section 2-202 as follows:
| 28 |
| (735 ILCS 5/2-202) (from Ch. 110, par. 2-202)
| 29 |
| Sec. 2-202. Persons authorized to serve process; Place of
| 30 |
| service; Failure to make return.
| 31 |
| (a) Process shall be served by a
sheriff, or if the sheriff | 32 |
| is disqualified, by a coroner of some county of the
State. A | 33 |
| sheriff of a county with a population of less than 1,000,000
| 34 |
| may employ civilian personnel to serve process. In
counties |
|
|
|
SB2745 Engrossed |
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LRB094 17391 RAS 52686 b |
|
| 1 |
| with a population of less than 1,000,000, process may
be | 2 |
| served, without special appointment, by a person who is | 3 |
| licensed or
registered as a private detective under the Private | 4 |
| Detective, Private
Alarm, Private
Security, Fingerprint | 5 |
| Vendor, and Locksmith Act of 2004 or by a registered
employee | 6 |
| of a private detective
agency certified under that Act. A | 7 |
| private detective or licensed
employee must supply the sheriff | 8 |
| of any county in which he serves process
with a copy of his | 9 |
| license or certificate; however, the failure of a person
to | 10 |
| supply the copy shall not in any way impair the validity of | 11 |
| process
served by the person. The court may, in its discretion | 12 |
| upon motion, order
service to be made by a private person over | 13 |
| 18 years of age and not a party
to the action.
It is not | 14 |
| necessary that service be made by a sheriff or
coroner of the | 15 |
| county in which service is made. If served or sought to be
| 16 |
| served by a sheriff or coroner, he or she shall endorse his or | 17 |
| her return
thereon, and if by a private person the return shall | 18 |
| be by affidavit.
| 19 |
| (a-5) Upon motion and in its discretion, the court may | 20 |
| appoint as a
special process
server a
private detective agency | 21 |
| certified under the Private Detective, Private Alarm,
Private
| 22 |
| Security, Fingerprint Vendor, and Locksmith Act of 2004. Under | 23 |
| the appointment,
any employee of
the
private detective agency | 24 |
| who is registered under that Act may serve the
process. The
| 25 |
| motion and the order of appointment must contain the number of | 26 |
| the certificate
issued to
the private detective agency by the | 27 |
| Department of Professional Regulation under
the
Private | 28 |
| Detective, Private Alarm, Private Security, Fingerprint | 29 |
| Vendor, and Locksmith Act of
2004.
| 30 |
| (b) Summons may be served upon the defendants wherever they | 31 |
| may be
found in the State, by any person authorized to serve | 32 |
| process. An officer
may serve summons in his or her official | 33 |
| capacity outside his or her county,
but fees for mileage | 34 |
| outside the county of the officer cannot be taxed
as costs. The | 35 |
| person serving the process in a foreign county may make
return | 36 |
| by mail.
|
|
|
|
SB2745 Engrossed |
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LRB094 17391 RAS 52686 b |
|
| 1 |
| (c) If any sheriff, coroner, or other person to whom any | 2 |
| process is
delivered, neglects or refuses to make return of the | 3 |
| same, the plaintiff
may petition the court to enter a rule | 4 |
| requiring the sheriff, coroner,
or other person, to make return | 5 |
| of the process on a day to be fixed by
the court, or to show | 6 |
| cause on that day why that person should not be attached
for | 7 |
| contempt of the court. The plaintiff shall then cause a written
| 8 |
| notice of the rule to be served on the sheriff, coroner, or | 9 |
| other
person. If good and sufficient cause be not shown to | 10 |
| excuse the officer
or other person, the court shall adjudge him | 11 |
| or her guilty of a contempt, and
shall impose punishment as in | 12 |
| other cases of contempt.
| 13 |
| (d) If process is served by a sheriff or coroner, the court | 14 |
| may tax
the fee of the sheriff or coroner as costs in the | 15 |
| proceeding. If process
is served by a private person or entity, | 16 |
| the court may establish a fee
therefor and tax such fee as | 17 |
| costs in the proceedings.
| 18 |
| (e) In addition to the powers stated in Section 8.1a of the | 19 |
| Housing
Authorities Act, in counties with a population of | 20 |
| 3,000,000 or more
inhabitants,
members of a housing authority | 21 |
| police force may serve process for forcible
entry and detainer | 22 |
| actions commenced by that housing authority and may execute
| 23 |
| orders of possession for that housing authority.
| 24 |
| (f) In counties with a population of 3,000,000 or more, | 25 |
| process may be
served, with special appointment by the court,
| 26 |
| by a private process server or
a law enforcement agency other | 27 |
| than the county sheriff
in proceedings instituted under the
| 28 |
| Forcible Entry and Detainer Article of this Code as a result of | 29 |
| a lessor or
lessor's assignee declaring a lease void pursuant | 30 |
| to Section 11 of the
Controlled Substance and Cannabis Nuisance | 31 |
| Act.
| 32 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 33 |
| Section 45. The Uniform Disposition of Unclaimed Property | 34 |
| Act is amended by changing Section 20 as follows:
|
|
|
|
SB2745 Engrossed |
- 55 - |
LRB094 17391 RAS 52686 b |
|
| 1 |
| (765 ILCS 1025/20) (from Ch. 141, par. 120)
| 2 |
| Sec. 20. Determination of claims.
| 3 |
| (a) The State Treasurer shall consider any claim filed | 4 |
| under this
Act and may, in his discretion, hold a hearing and | 5 |
| receive evidence
concerning it. Such hearing shall be conducted | 6 |
| by the State Treasurer or by a
hearing officer designated by | 7 |
| him. No hearings shall be held if the
payment of the claim is | 8 |
| ordered by a court, if the claimant is under court
| 9 |
| jurisdiction, or if the claim is paid under Article XXV of the | 10 |
| Probate Act
of 1975. The State Treasurer or hearing officer | 11 |
| shall prepare a finding and a
decision in writing on each | 12 |
| hearing, stating the substance of any evidence
heard by him, | 13 |
| his findings of fact in respect thereto, and the reasons for
| 14 |
| his decision. The State Treasurer shall review the findings and | 15 |
| decision of
each hearing conducted by a hearing officer and | 16 |
| issue a final written decision.
The final decision shall be a | 17 |
| public record. Any claim of an interest in
property that is | 18 |
| filed pursuant to this Act shall be considered and a finding
| 19 |
| and decision shall be issued by the Office of the State | 20 |
| Treasurer in a timely
and expeditious manner.
| 21 |
| (b) If the claim is allowed, and after deducting an amount | 22 |
| not to
exceed $20 to cover the cost of notice publication and | 23 |
| related clerical
expenses, the State Treasurer shall make | 24 |
| payment forthwith.
| 25 |
| (c) In order to carry out the purpose of this Act, no | 26 |
| person or company
shall be entitled to a fee for discovering | 27 |
| presumptively abandoned property
until it has been in the | 28 |
| custody of the Unclaimed Property Division
of the Office of the | 29 |
| State Treasurer for at least 24 months. Fees
for discovering | 30 |
| property that has been in the custody of that division for
more | 31 |
| than 24 months shall be limited to not more than 10% of the | 32 |
| amount
collected.
| 33 |
| (d) A person or company attempting to collect a contingent | 34 |
| fee for
discovering, on behalf of an owner, presumptively | 35 |
| abandoned property must be
licensed as a private detective | 36 |
| pursuant to the Private Detective, Private
Alarm, Private |
|
|
|
SB2745 Engrossed |
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LRB094 17391 RAS 52686 b |
|
| 1 |
| Security, Fingerprint Vendor, and Locksmith Act of 2004
1993 .
| 2 |
| (e) This Section shall not apply to the fees of an attorney | 3 |
| at law duly
appointed to practice in a state of the United | 4 |
| States who is employed by a
claimant with regard to probate | 5 |
| matters on a contractual basis.
| 6 |
| (Source: P.A. 93-531, eff. 8-14-03.)
| 7 |
| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.
|
|