§ 31-10

(Section scheduled to be repealed on January 1, 2029) Sec. 31-10. Qualifications for licensure as a fingerprint vendor. (a) A person is qualified for licensure as a fingerprint vendor if the person meets all of the following requirements: (1) Is at least 18 years of age. (2) Has not been convicted of any felony in any jurisdiction or at least 10 years have elapsed since the time of full discharge from a sentence imposed for a felony conviction. (3) Is of good moral character. Good moral character is a continuing requirement of licensure. Conviction of crimes other than felonies may be used in determining moral character, but shall not constitute an absolute bar to licensure, except where the applicant is a registered sex offender. (4) Has not been declared by any court of competent jurisdiction to be incompetent by reason of mental or physical defect or disease, unless a court has subsequently declared him or her to be competent. (5) Is not suffering from dependence on alcohol or from narcotic addiction or dependence. (6) Has not been dishonorably discharged from the armed forces of the United States. (7) Submits certification issued by the Illinois State Police that the applicant has successfully completed a fingerprint vendor training course conducted or authorized by the Illinois State Police. (8) Submits the applicant's fingerprints, in accordance with subsection (b) of this Section. (9) Has not violated any provision of this Act or any rule adopted under this Act. (10) Provides evidence satisfactory to the Department that the applicant has obtained general liability insurance in an amount and with coverage as determined by rule. Failure to maintain general liability insurance and failure to provide the Department with written proof of the insurance, upon request, shall result in cancellation of the license without hearing. A fingerprint vendor employed by a licensed fingerprint vendor agency may provide proof that the employee's actions as a fingerprint vendor are covered by the liability insurance of the employee's employer. (11) Pays the required licensure fee. (12) (Blank). (13) Submits proof that the applicant maintains a business office located in the State of Illinois. (14) Provides proof of compliance with subsection (e) of Section 31-15 of this Act if the applicant is not required to obtain a fingerprint vendor agency license pursuant to subsection (b) of Section 31-15 of this Act. (b) Each applicant for a fingerprint vendor license shall have the applicant's 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 the applicant's 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 the applicant's 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 the applicant's employer, of the applicant's previous full-time employment as a peace officer.

Legislative History

(Source: P.A. 102-538, eff. 8-20-21; 103-309, eff. 1-1-24 .)