(225 ILCS 447/Art. 35 heading)
(225 ILCS 447/35-5)
(Section scheduled to be repealed on January 1, 2024)
Sec. 35-5.
Display of license.
Each licensee shall
prominently display his or her individual, agency, or branch
office license at each place where business is being
conducted, as required under this Act. A licensee-in-charge
is required to post his or her license only at the agency
office.
(Source: P.A. 93-438, eff. 8-5-03.)
(225 ILCS 447/35-10)
(Section scheduled to be repealed on January 1, 2024)
Sec. 35-10. Inspection of facilities. Each licensee shall
permit his or her office facilities, canine training facilities, and registered employee
files to be audited or inspected at reasonable times and in a
reasonable manner by the Department.
(Source: P.A. 98-253, eff. 8-9-13.)
(225 ILCS 447/35-15)
(Section scheduled to be repealed on January 1, 2024)
Sec. 35-15.
Advertisements; penalties.
(a) No licensee providing services regulated by this Act
may knowingly advertise those services without including his
or her license number in the advertisement. The publisher of
the advertising, however, is not required to verify the
accuracy of the advertisement or the license number.
(b) A licensee who advertises services regulated by this
Act who knowingly (i) fails to display his or her license at
his or her place of business, (ii) fails to provide the
publisher with the current license number, or (iii) provides
the publisher with a false license number or a license number
other than that of the person or agency doing the advertising
or a licensee who knowingly allows his or her license number
to be displayed or used by another person or agency to
circumvent any provision of this subsection, is guilty of a
Class A misdemeanor. Each day an advertisement is published
or a licensee allows his or her license to be used in
violation of this Section constitutes a separate offense. In
addition to the penalties and remedies provided in this
Section, a licensee who violates any provision of this Section
shall be subject to the disciplinary action, fines, and civil
penalty provisions of this Act.
(Source: P.A. 93-438, eff. 8-5-03.)
(225 ILCS 447/35-20)
(Section scheduled to be repealed on January 1, 2024)
Sec. 35-20. Renewal provisions. As a condition of renewal of a license, each
licensee shall report to the Department information pertaining
to the licensee's business location, status as active or
inactive, proof of continued general liability insurance
coverage, and any other data as determined by rule to be
reasonably related to the administration of this Act.
Licensees shall report this information as a condition of
renewal, except that a change in home or office address or a
change of the licensee-in-charge shall be reported within 10
days of when it occurs.
(Source: P.A. 98-253, eff. 8-9-13.)
(225 ILCS 447/35-25)
(Section scheduled to be repealed on January 1, 2024)
Sec. 35-25. Duplicate licenses. If a license, permanent
employee registration card, or firearm control
card is
lost, a duplicate shall be issued upon proof of such loss
together with the payment of the required fee. If a licensee
decides to change his or her name, the Department shall issue
a license in the new name upon proof that the change was done
pursuant to law and payment of the required fee. Notification
of a name change shall be made to the Department within 30
days after the change.
(Source: P.A. 95-613, eff. 9-11-07.)
(225 ILCS 447/35-30)
(Section scheduled to be repealed on January 1, 2024)
Sec. 35-30. Employee requirements. All employees of a
licensed agency, other than those exempted, shall apply for a
permanent employee registration card. The holder of an agency
license issued under this Act, known in this Section as
"employer", may employ in the conduct of his or her business
employees under the following provisions:
(a) No person shall be issued a permanent employee
registration card who:
(b) No person may be employed by a private
detective agency, private security contractor agency, private
alarm contractor agency, fingerprint vendor agency, or locksmith agency under this
Section until he or she has executed and furnished to the
employer, on forms furnished by the Department, a verified
statement to be known as "Employee's Statement" setting forth:
(c) Each applicant for a permanent employee registration
card shall have his or her fingerprints submitted to the
Illinois State Police in an electronic format that
complies with the form and manner for requesting and
furnishing criminal history record information as prescribed
by the Illinois State Police. These fingerprints shall
be checked against the Illinois State Police and Federal
Bureau of Investigation criminal history record databases now
and hereafter filed. The Illinois State Police shall
charge applicants a fee for conducting the criminal history
records check, which shall be deposited in the State Police
Services Fund and shall not exceed the actual cost of the
records check. The Illinois State Police shall furnish,
pursuant to positive identification, records of Illinois
convictions to the Department. The Department may require
applicants to pay a separate fingerprinting fee, either to the
Department or directly to the vendor. The Department, in
its discretion, may allow an applicant who does not have
reasonable access to a designated vendor to provide his or her
fingerprints in an alternative manner. The
Department, in its discretion, may also use other
procedures in performing or obtaining criminal background
checks of applicants. Instead of submitting his or her
fingerprints, an individual may submit proof that is
satisfactory to the Department that an equivalent security
clearance has been conducted. Also, an individual who has
retired as a peace officer within 12 months of application may
submit verification, on forms provided by the Department and
signed by his or her employer, of his or her previous full-time employment as a
peace officer.
(d) The Department shall issue a permanent employee
registration card, in a form the Department prescribes, to all
qualified applicants.
The holder of a permanent employee registration card shall
carry the card at all times while actually engaged in the
performance of the duties of his or her employment.
Expiration and requirements for renewal of permanent employee
registration cards shall be established by rule of the
Department. Possession of a permanent employee registration
card does not in any way imply that the holder of the card is
employed by an agency unless the permanent employee
registration card is accompanied by the employee
identification card required by subsection (f) of this
Section.
(e) Each employer shall maintain a record of each
employee that is accessible to the duly authorized
representatives of the Department. The record shall contain
the following information:
The Department may, by rule, prescribe further
record requirements.
(f) Every employer shall furnish an employee
identification card to each of his or her employees. This
employee identification card shall contain a recent photograph
of the employee, the employee's name, the name and agency
license number of the employer, the employee's personal
description, the signature of the employer, the signature of
that employee, the date of issuance, and an employee
identification card number.
(g) No employer may issue an employee identification
card to any person who is not employed by the employer in
accordance with this Section or falsely state or represent
that a person is or has been in his or her employ. It is
unlawful for an applicant for registered employment to file
with the Department the fingerprints of a person other than
himself or herself.
(h) Every employer shall obtain the identification card
of every employee who terminates employment with him or her.
(i) Every employer shall maintain a separate roster of
the names of all employees currently working in an armed
capacity and submit the roster to the Department on request.
(j) No agency may employ any person to perform a
licensed activity under this Act unless the person possesses a
valid permanent employee registration card or a valid license
under this Act, or is exempt pursuant to subsection (n).
(k) Notwithstanding the provisions of subsection (j), an
agency may employ a person in a temporary capacity if all of
the following conditions are met:
An agency may employ only a permanent employee applicant
for which it either submitted a permanent employee application
and all required forms and fees or it confirms with the
Department that a permanent employee application and all
required forms and fees have been submitted by another agency,
licensee or the permanent employee and all other requirements
of this Section are met.
The Department shall have the authority to revoke,
without a hearing, the temporary authority of an individual to
work upon receipt of Federal Bureau of Investigation
fingerprint data or a report of another official authority
indicating a criminal conviction. If the Department has not
received a temporary employee's Federal Bureau of
Investigation fingerprint data within 120 days of the date the
Department received the Illinois State Police fingerprint
data, the Department may, at its discretion, revoke the
employee's temporary authority to work with 15 days written
notice to the individual and the employing agency.
An agency may not employ a person in a temporary capacity
if it knows or reasonably should have known that the person
has been convicted of a crime under the laws of this State,
has been convicted in another state of any crime that is a
crime under the laws of this State, has been convicted of any
crime in a federal court, or has been posted as an unapproved
applicant by the Department. Notice by the Department to the
agency, via certified mail, personal delivery, electronic
mail, or posting on the Department's Internet site accessible
to the agency that the person has been convicted of a crime
shall be deemed constructive knowledge of the conviction on
the part of the agency. The Department may adopt rules to
implement this
subsection (k).
(l) No person may be employed under this Section in any
capacity if:
(m) If information is discovered affecting the
registration of a person whose fingerprints were submitted
under this Section, the Department shall so notify the agency
that submitted the fingerprints on behalf of that person.
(n) Peace officers shall be exempt from the requirements
of this Section relating to permanent employee registration
cards. The agency shall remain responsible for any peace
officer employed under this exemption, regardless of whether
the peace officer is compensated as an employee or as an
independent contractor and as further defined by rule.
(o) Persons who have no access to confidential or
security information, who do not go to a client's or prospective client's residence or place of business, and who otherwise do not provide
traditional security services are exempt from employee
registration. Examples of exempt employees include, but are
not limited to, employees working in the capacity of ushers,
directors, ticket takers, cashiers, drivers, and reception
personnel. Confidential or security information is that which
pertains to employee files, scheduling, client contracts, or
technical security and alarm data.
(p) An applicant who is 21 years of age or older seeking a religious exemption to the photograph requirement of this Section shall furnish with the application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029. Regardless of age, an applicant seeking a religious exemption to this photograph requirement shall submit fingerprints in a form and manner prescribed by the Department with his or her application in lieu of a photograph.
(Source: P.A. 102-538, eff. 8-20-21.)
(225 ILCS 447/35-32)
(Section scheduled to be repealed on January 1, 2024)
Sec. 35-32. Employment requirement.
(a) The holder of a permanent employee registration card is prohibited from performing the activities of a fingerprint vendor, locksmith, private alarm contractor, private detective, or private security contractor without being employed by an agency licensed under this Act.
(b) An agency licensed under this Act is prohibited from
evading or attempting to evade the requirements for
employee registration under this Act by engaging a
contractor or independent contractor to perform the
activities of a fingerprint vendor, locksmith, private
alarm contractor, private detective, or private
security contractor, unless that person is licensed
under this Act.
(Source: P.A. 98-253, eff. 8-9-13.)
(225 ILCS 447/35-35)
(Section scheduled to be repealed on January 1, 2024)
Sec. 35-35. Requirement of a firearm control
card.
(a) No person shall perform duties that include the use,
carrying, or possession of a firearm in the performance of
those duties without complying with the provisions of this
Section and having been issued a valid firearm control
card by the Department.
(b) No employer shall employ any person to perform the
duties for which licensure or employee registration is required and allow
that person to carry a firearm unless that person has complied
with all the firearm training requirements of this Section and
has been issued a firearm control card. This Act
permits only the following to carry firearms while actually
engaged in the performance of their duties or while commuting
directly to or from their places of employment: persons
licensed as private detectives and their registered employees;
persons licensed as private security contractors and their
registered employees; persons licensed as private alarm
contractors and their registered employees; and employees of a
registered armed proprietary security force.
(c) Possession of a valid firearm control
card
allows a licensee or employee to carry a firearm not otherwise prohibited
by law while the licensee or employee is engaged in the performance of his
or her duties or while the licensee or employee is commuting directly to
or from the licensee's or employee's place or places of employment.
(d) The Department shall issue a firearm control
card to a person who has passed an approved firearm training
course, who is currently licensed or employed by an agency licensed by
this Act and has met all the requirements of this Act, and who
possesses a valid firearm owner identification card.
Application for the firearm control card shall be made
by the employer to the Department on forms provided by the
Department. The Department shall forward the card to the
employer who shall be responsible for its issuance to the licensee or
employee. The firearm control card shall be issued by
the Department and shall identify the person holding it and
the name of the course where the licensee or employee received firearm
instruction and shall specify the type of weapon or weapons
the person is authorized by the Department to carry and for
which the person has been trained.
(e) Expiration and requirements for renewal of firearm control cards shall be determined by rule.
(f) The Department may, in addition to any other
disciplinary action permitted by this Act, refuse to issue,
suspend, or revoke a firearm control card if the
applicant or holder has been convicted of any felony or crime
involving the illegal use, carrying, or possession of a deadly
weapon or for a violation of this Act or rules promulgated
under this Act. The Department shall refuse to issue or shall
revoke a firearm control card if the applicant or holder
fails to possess a valid firearm owners identification card without hearing.
The Secretary shall summarily suspend a firearm control
card if the Secretary finds that its continued use would
constitute an imminent danger to the public. A hearing shall
be held before the Board within 30 days if the Secretary
summarily suspends a firearm control card.
(g) Notwithstanding any other provision of this Act to the
contrary, all requirements relating to firearms control
cards do not apply to a peace officer. If an individual ceases to be employed as a peace officer and continues to perform services in an armed capacity under this Act that are licensed activities, then the individual is required to obtain a permanent employee registration card pursuant to Section 35-30 of this Act and must possess a valid Firearm Owner's Identification Card, but is not required to obtain a firearm control card if the individual is otherwise in continuing compliance with the federal Law Enforcement Officers Safety Act of 2004. If an individual elects to carry a firearm pursuant to the federal Law Enforcement Officers Safety Act of 2004, then the agency employing the officer is required to submit a notice of that election to the Department along with a fee specified by rule.
(h) The Department may issue a temporary firearm control card pending issuance of a new firearm control card upon an agency's acquiring of an established armed account. An agency that has acquired armed employees as a result of acquiring an established armed account may, on forms supplied by the Department, request the issuance of a temporary firearm control card for each acquired employee who held a valid firearm control card under his or her employment with the newly acquired established armed account immediately preceding the acquiring of the account and who continues to meet all of the qualifications for issuance of a firearm control card set forth in this Act and any rules adopted under this Act. The Department shall, by rule, set the fee for issuance of a temporary firearm control card.
(i) The Department shall not issue a firearm control card to a licensed fingerprint vendor or a licensed locksmith or employees of a licensed fingerprint vendor agency or a licensed locksmith agency.
(Source: P.A. 100-712, eff. 8-3-18.)
(225 ILCS 447/35-40)
(Section scheduled to be repealed on January 1, 2024)
Sec. 35-40. Firearm control; training requirements.
(a) The Department shall, pursuant to rule, approve or
disapprove training programs for the firearm training course,
which shall be taught by a qualified instructor.
Qualifications for instructors shall be set by rule. The
firearm training course shall be conducted by entities, by a
licensee, or by an agency licensed by this Act, provided the
course is approved by the Department. The firearm course
shall consist of the following minimum requirements:
(b) The firearm training requirement may be waived for a licensee or
employee who has completed training provided by the
Illinois Law Enforcement Training Standards Board or the
equivalent public body of another state or is a qualified retired law enforcement officer as defined in the federal Law Enforcement Officers Safety Act of 2004 and is in compliance with all of the requirements of that Act, provided
documentation showing requalification with the weapon on the
firing range is submitted to the Department.
(c) In addition to the training provided for in subsection (a), a licensee or employee in possession of a valid firearm control card shall complete an additional 8 hours of refresher training each calendar year commencing with the calendar year following one year after the date of the issuance of the firearm control card. The 8 hours of training shall consist of practice firing on a range with live ammunition, including, but not limited to, firing a minimum of 50 rounds of live ammunition (factory loaded service ammunition or factory reloaded ammunition) and attaining a minimum score of 70% accuracy with each type of weapon the person is authorized by the Department to carry and for which the person has been trained.
(Source: P.A. 102-152, eff. 1-1-22.)
(225 ILCS 447/35-41)
(Section scheduled to be repealed on January 1, 2024)
Sec. 35-41. Requirement of a canine handler authorization card.
(a) No person shall perform duties that include the use or handling of a canine to protect
persons or property or to conduct investigations without having been issued a valid canine handler authorization card by the Department. An agency may subcontract out its canine odor detection services to another licensed agency or may use the employees of another licensed agency as subcontractors, provided that all employees who provide canine odor detection services in either arrangement are properly registered under this Act and are otherwise in compliance with the requirements of this Section. It is the responsibility of each agency participating in a subcontracting arrangement to ensure compliance with all employees so utilized.
(b) No agency shall employ any person to perform the duties for which employee registration
is required and allow that person to use or handle a canine to protect
persons or property or to conduct investigations unless that person has been issued a canine handler
authorization card.
(c) The Department shall issue a canine handler authorization card to a person who (i) has passed an
approved canine handler training course, (ii) is currently employed by an agency licensed under
this Act, and (iii) has met all of the applicable requirements of this Act. Application for the canine handler
authorization card shall be made by the employer to the Department on forms provided by the
Department. The Department shall forward the card to the employer who shall be responsible for
its issuance to the employee. The canine handler authorization card shall be issued by the
Department and must identify the person holding it and the name of the canine training facility
where the employee received canine handler instruction.
(d) The Department may, in addition to any other disciplinary action permitted by this Act, refuse
to issue, suspend, or revoke a canine handler authorization card if the applicant or holder has
been convicted of any felony or misdemeanor involving cruelty to animals or for a violation of
this Act or rules adopted under this Act.
(e) Notwithstanding any other provision of this Section, an agency may employ a person in a temporary capacity as a canine handler if each of the following conditions are met:
(Source: P.A. 95-613, eff. 9-11-07.)
(225 ILCS 447/35-42)
(Section scheduled to be repealed on January 1, 2024)
Sec. 35-42. Canine handler authorization; training requirements. The Department shall, pursuant to rule, approve or disapprove training programs for the canine handler training course, which shall be taught by a qualified instructor. Qualifications for
instructors shall be set by rule. The canine handler training course must be conducted by a
licensee under this Act and approved by the
Department. A canine handler course must consist of each of the following minimum requirements:
(Source: P.A. 95-613, eff. 9-11-07.)
(225 ILCS 447/35-43)
(Section scheduled to be repealed on January 1, 2024)
Sec. 35-43. Requirement of a canine trainer authorization card; qualifications.
(a) No person may perform duties that include the training of canine handlers and canines to
protect persons or property or to conduct investigations without having been issued a valid canine trainer authorization card by the
Department.
(b) No employer shall employ any person to perform the duties for which employee registration
is required under this Act and allow that person to train canine handlers and canines unless that person has been issued a canine
trainer authorization card.
(c) The Department shall issue a canine trainer authorization card to a person who (i) has passed an
approved canine trainer training course, (ii) is currently employed by an agency licensed under this
Act, and (iii) has met all of the applicable requirements of this Act. Application for the canine trainer authorization
card shall be made by the employer to the Department on forms provided by the Department.
The Department shall forward the card to the employer who shall be responsible for its issuance
to the employee.
(d) The Department may, in addition to any other disciplinary action permitted by this Act, refuse
to issue, suspend, or revoke a canine trainer authorization card if the applicant or holder has been
convicted of any felony or misdemeanor involving cruelty to animals or for a violation of this
Act or rules promulgated under this Act.
(e) Qualifications for canine trainers shall be set by the Department by rule. Any person who has been engaged in the provision of canine trainer services prior to January 1, 2005, shall be granted a canine trainer authorization card upon the submission of a completed application, the payment of applicable fees, and the demonstration satisfactory to the Department of the provision of such services.
(Source: P.A. 95-613, eff. 9-11-07.)
(225 ILCS 447/35-45)
(Section scheduled to be repealed on January 1, 2024)
Sec. 35-45. Armed proprietary security force.
(a) All financial institutions or commercial or industrial operations that employ one or more
armed employees shall register their security forces
with the Department on forms provided by the Department. Registration subjects the security force to all of the requirements of Section 35-40. For the purposes of this Section,
"financial institution" includes a bank, savings and loan
association, credit union, currency exchange, or company
providing armored car services.
(b) All armed employees of the registered
proprietary security force must complete a 20-hour basic
training course and all the firearm training requirements of Section 35-40.
(c) Every proprietary security force is required to
apply to the Department, on forms supplied by the Department,
for a firearm control card for each armed employee. Each armed
employee shall have his or her fingerprints submitted to the
Department of State Police in an electronic format that
complies with the form and manner for requesting and
furnishing criminal history record information as prescribed
by the Department of State Police. These fingerprints shall be
checked against the Department of State Police and Federal
Bureau of Investigation criminal history record databases. The Department of State Police shall
charge the armed employee a fee for conducting the criminal
history records check, which shall be deposited in the State
Police Services Fund and shall not exceed the actual cost of
the records check. The Department of State Police shall
furnish, pursuant to positive identification, records of
Illinois convictions to the Department. The Department may
require armed employees to pay a separate fingerprinting fee,
either to the Department or directly to the vendor. The
Department, in its discretion, may allow an armed employee who
does not have reasonable access to a designated vendor to
provide his or her fingerprints in an alternative manner. The
Department, in its discretion, may also use other procedures
in performing or obtaining criminal background checks of armed
employees. Instead of submitting his or her fingerprints, an
individual may submit proof that is satisfactory to the
Department that an equivalent security clearance has been
conducted. Also, an individual who has retired as a peace
officer within 12 months before application may submit
verification, on forms provided by the Department and signed
by his or her employer, of his or her previous full-time
employment as a peace officer.
(d) The Department may provide rules for the
administration of this Section.
(Source: P.A. 102-152, eff. 1-1-22.)
Structure Illinois Compiled Statutes
Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS
Article 5 - General Provisions
Article 10 - General Licensing Provisions
Article 15 - Private Detectives
Article 20 - Private Alarm Contractors
Article 25 - Private Security Contractors
Article 31 - Fingerprint Vendors
Article 35 - Business Practice Provisions
Article 40 - Disciplinary Provisions
Article 45 - Investigation And Hearing Provisions
Article 50 - Administrative Provisions